City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, January 28, 2025 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 Sell called the meeting to order at 5:03 p.m. Roll Call Present: 7 - Mayor Larry Klein Vice Mayor Linda Sell Councilmember Alysa Cisneros Councilmember Richard Mehlinger Councilmember Murali Srinivasan Councilmember Charlsie Chang Councilmember Eileen Le 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 5:04 p.m. A 25-0194 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Pursuant to Government Code Section 54954.5: Significant Exposure to Litigation Under Government Code Section 54956.9(d)(2): Receipt of a written communication from a potential plaintiff threatening litigation related to a proposed project at 1250 Oakmead Parkway. 1 potential case Adjourn Special Meeting City of Sunnyvale Page 1 City Council Meeting Minutes January 28, 2025 Vice Mayor Sell adjourned the meeting at 5:53 p.m. 6 P.M. SPECIAL COUNCIL MEETING (Study Session) Call to Order Vice Mayor Sell called the meeting to order at 6:00 p.m. Roll Call Present: 7 - Mayor Larry Klein Vice Mayor Linda Sell Councilmember Alysa Cisneros Councilmember Richard Mehlinger Councilmember Murali Srinivasan Councilmember Charlsie Chang Councilmember Eileen Le Study Session B 25-0054 Outdoor Sports Assessment Study Library and Recreation Services Director Michelle Perera and Pat Healy, Project Manager, Verde Design, provided the staff report and presentation. Public Comment opened at 6:58 p.m. Emilie Danna communicated their support for public pickleball facilities. Haruko Matsuda, Vice President, Sunnyvale Alliance Soccer Club, communicated the impact on existing fields with the proposed changes. David Kesting, Parks and Recreation Commission Chair, voiced the Commission's recommendations. Gail Giansiracusa spoke to the plans to build cricket pitches on fields and how it impacts the ability for other sports to use such fields. Prakash Giri spoke to building cricket pitch facilities at Sunnyvale parks. Cortney Jansen voiced the need for North Sunnyvale to receive further consideration in these studies. City of Sunnyvale Page 2 City Council Meeting Minutes January 28, 2025 Blanca Guerrero shared their support for free public pickleball facilities. Ganesh Prasad communicated their support for accessible cricket pitches and facilities. Rajesh Ravikumar spoke in support for cricket pitches and how lighting is not need for these fields. Kaushik Vemareddy voiced their support for cricket pitches facilities. Prashanth shared their support for building cricket pitches and facilities. Nalan Karuppaiah communicated their support for accessible cricket pitches and facilities. Thyagy spoke in support for cricket pitches and facilities. Public Comment closed at 7:15 p.m. Adjourn Special Meeting Vice Mayor Sell adjourned the meeting at 7:16 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Mayor Klein called the meeting to order at 7:26 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 Linda Sell Councilmember Alysa Cisneros Councilmember Richard Mehlinger Councilmember Murali Srinivasan Councilmember Charlsie Chang Councilmember Eileen Le CLOSED SESSION REPORT City of Sunnyvale Page 3 City Council Meeting Minutes January 28, 2025 Vice Mayor Sell reported that Council met in CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Pursuant to Government Code Section 54954.5: Significant Exposure to Litigation Under Government Code Section 54956.9(d)(2): Receipt of a written communication from a potential plaintiff threatening litigation related to a proposed project at 1250 Oakmead Parkway. 1 potential case; nothing to report. SPECIAL ORDER OF THE DAY C 25-0032 Slavery and Human Trafficking Prevention Month Mayor Klein spoke in recognition of Slavery and Human Trafficking Prevention Month. D 25-0033 Muslim American Heritage Month Mayor Klein spoke in recognition of Muslim American Heritage Month. Mstafa Marwan and Nuha Khan, Muslim Community Association Bay Area, spoke in recognition of Muslim American Heritage Month. ORAL COMMUNICATIONS Councilmember Chang announced an upcoming Sustainability Speaker Series event. Kumal shared a story in honor of Muslim American Heritage Month. Marwan N. spoke in honor of Muslim American Heritage Month. Margret Lawson shared difficulty reading Councilmembers name plates on the dais. Uday provided a presentation regarding negative impacts of building multiple housing projects in the Charles Street neighborhood. Siva H. provided a presentation on their concerns with the changing neighborhood dynamic occurring in the Charles Street neighborhood. Musa Tariq, Council America Islamic Relations, spoke in honor of Muslim American Heritage Month. Stephen Meier shared their safety concerns with Fair Oaks Avenue after a recent City of Sunnyvale Page 4 City Council Meeting Minutes January 28, 2025 pedestrian death. Uday Devasper communicated their support for building cricket facilities in City parks. CONSENT CALENDAR Public Comment opened at 7:57 p.m. No speakers. Public Comment closed at 7:57 p.m. MOTION: Vice Mayor Sell moved and Councilmember Cisneros seconded the motion to approve agenda items 1.A through 1.E. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Sell Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Chang Councilmember Le No: 0 1.A 25-0122 Approve City Council Meeting Minutes of December 3, 2024 Approve the City Council Meeting Minutes of December 3, 2024 as submitted. 1.B 25-0022 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 25-0187 Award a Contract in the Amount of $396,438 to McNabb Construction, Inc. dba DK Environmental for On-Call Maintenance of Vegetation at the Water Pollution Control Plant Oxidation Ponds (F25-111) Take the following actions: - Award a contract to McNabb Construction, Inc. dba DK Environmental in an amount of $396,438 for on-call maintenance of vegetation at the WPCP oxidation ponds for a one-year term in substantially the same form as Attachment 2 to the City of Sunnyvale Page 5 City Council Meeting Minutes January 28, 2025 report; - Authorize the City Manager to execute the contract when all necessary conditions have been met; - Authorize the City Manager to renew the contract for up to three additional one-year periods; and - Authorize the City Manager to increase the compensation in future renewals subject to budget availability and if service and pricing remain favorable to the City. 1.D 25-0180 Authorize the Issuance of a 5-year Master Services Agreement in the Amount of $1,270,500 to DataBank Holdings, LTD. to Provide a Colocation Facility for City Data Centers. (F25-185) Take the following actions: - Authorize the issuance of a Master Services Agreement to DataBank Holdings LTD in the amount of $1,270,500 in the same form as Attachment 1 to the report to provide a colocation facility for City Data Centers; - Authorize the City Manager to execute the Master Services Agreement when all necessary conditions have been met; and - Approve a 10% contingency in the amount of $127,050. 1.E 25-0168 Authorize the Issuance of a Five-Year Purchase Agreement to General Datatech LP in the Amount of $1,399,274.55 for SMARTnet Maintenance and Software Subscriptions (F25-148) Take the following actions: - Authorize the issuance of a five-year purchase agreement to General Datatech LP in an amount of $1,399,274.55 for SMARTnet maintenance and software subscriptions; - Authorize the City Manager to execute the purchase agreement when all necessary conditions have been met; and - Authorize the City Manager to increase the purchase agreement amount not to exceed 10%, subject to budget availability if pricing and service remain acceptable to the City. PUBLIC HEARINGS/GENERAL BUSINESS 2 25-0199 Proposed Project: Consideration of General Plan and Zoning Amendments Related to Study Issue CDD 23-02 - Consider General Plan Land Use Designation Amendments and Rezonings for 27 Sites with Legal Non-Conforming Single- and Two-Family City of Sunnyvale Page 6 City Council Meeting Minutes January 28, 2025 Dwellings, Housing Element Program H45, and Land Use and Transportation Element (LUTE) Policy LT-14.5d: 1. Adopt a Resolution Amending the General Plan to: a. Change the General Plan land use designation for the property at 591 South Murphy Avenue (APN 209-30-012) with a legal nonconforming single-family use, from El Camino Real Specific Plan to Low-Medium Density Residential, and remove the property from the El Camino Real Specific Plan area; b. Change the General Plan land use designation for the properties at 260 North Pastoria Avenue (APN 165-27-003), 280 North Pastoria Avenue (APN 165-27-004), 286 North Pastoria Avenue (APN 165-27-005) and 290 North Pastoria Avenue (APN 165-27-006) with legal nonconforming residential uses, from Peery Park Specific Plan to Low Density Residential, and remove the parcels from the Peery Park Specific Plan area; c. Change the General Plan land use designation for 22 legal non-conforming single-family and two-family dwelling sites at 411, 415 and 421 Charles Street, 433, 434, 437 and 440 Waverly Street, 572, 602, 656, 702 and 798 West Iowa Avenue, 428, 432 and 435 Florence Street, and 1301-1320 Oxbow Court, from Office to Low-Medium Density Residential; and 2. Introduce an Ordinance Amending the Zoning Districts Map, to: a. Rezone the property at 591 South Murphy Avenue from El Camino Real - Commercial (ECR-C) to Low Medium Density Residential/Office (R-2/O); b. Rezone the properties at 260, 280, 286 and 290 North Pastoria Avenue from Peery Park Specific Plan/Mixed Industry Core (PPSP/MIC) to Low Density Residential (R-0); c. Rezone the properties at 411, 415 and 421 Charles Street, 433, 434, 437 and 440 Waverly Street, 572, 602, 656, 702 and 798 West Iowa Avenue, 428, 432 and 435 Florence Street, and 1301-1320 Oxbow Court from Administrative-Professional Office/Planned Development (O/PD) to Low Medium Density Residential (R-2); and 3. Introduce an Ordinance Amending the Zoning Districts Map, to: City of Sunnyvale Page 7 City Council Meeting Minutes January 28, 2025 Rezone sites within the Industrial to Residential (ITR) combining district that have redeveloped as residential uses from Industrial and Service (M-S), General Industrial (M-3) or the combined Neighborhood Business/Industrial-to-Residential/Medium Density Residential/Planned Development (C-1/ITR/R3/PD) zoning district, all to Medium Density Residential/Planned Development (R3/PD); the subject sites are spread throughout the city in five areas, generally bounded by (a) Tasman Drive, Morse Avenue, John W. Christian Greenbelt and Fair Oaks Avenue, (b) E. Duane Avenue, Lawrence Expressway, Stewart Drive and Britton Avenue, (c) E. Maude Avenue and N. Wolfe Road, Britton Avenue, E. Arques Avenue and Fair Oaks Avenue, and (d) Caltrain rail tracks, S. Wolfe Road, Old San Francisco Road and S. Fair Oaks Avenue, and (e) Caltrain rail tracks, Lawrence Expressway, Old San Francisco Road and Reed Avenue and Wolfe Avenue; and 4. Introduce an Ordinance Amending the Zoning Districts Map, and to: Rezone any of the following future opportunity sites located at 455 and 920 De Guigne Drive, and 835, 845, and 935 Stewart Drive, in East Sunnyvale from Industrial and Service (M-S) to Industrial and Service/Industrial to Residential/Medium Density Residential/Planned Development (M-S/ITR/R-3/PD); and 5. Introduce an Ordinance to Amend Title 19 (Zoning) of the Municipal Code to: Amend Section 19.26.120 of Chapter 19.26 (Combining Districts) to provide that once a site zoned Industrial to Residential (ITR) has been converted to residential use, the site cannot be returned to a use not allowed in a residential zoning district. Location: Citywide; see Attachments 7 and 8 File #: PLNG-2024-0460 Applicant: City of Sunnyvale--- Environmental Review: Exempt per California Environmental Quality Act Guidelines Sections 15061(b)(3) and 15183. Project Planner: Wendy Lao, (408) 730-7408, wlao@sunnyvale.ca.gov Associate Planner Wendy Lao provided the staff report and presentation. City of Sunnyvale Page 8 City Council Meeting Minutes January 28, 2025 Public Hearing opened at 8:28 p.m. Siva questioned the reasoning for rezoning these specific properties. Wesley Yu spoke in support of approving the staff recommendation. Stephen Meier voiced their support for approving the staff recommendation. Alex Deboni communicated their support for approving the staff recommendation. Public Hearing closed at 8:33 p.m. MOTION: Councilmember Mehlinger moved and Councilmember Srinivasan seconded the motion to approve Alternative 1: Adopt the resolution and the ordinances amending the General Plan, Peery Park Specific Plan, El Camino Real Specific Plan, Zoning Map, and Zoning Code, as set forth in Attachments 2 to 6, and find the proposed actions exempt under the California Environmental Quality Act (CEQA). City Clerk David Carnahan read the Ordinance titles for the record. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Sell Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Chang Councilmember Le No: 0 Council took a recess at 8:51 p.m. returned at 9:00 p.m. with all Councilmembers present. 3 25-0101 Receive and File the Annual Review of New Laws Report and Approve 2025 Priority Advocacy Issues and Review Long-term Legislative Advocacy Positions (LAPs) City of Sunnyvale Page 9 City Council Meeting Minutes January 28, 2025 Assistant City Manager Sarah Johnson-Rios, Senior Management Analyst Michelle Zahraie, and Nico De Luca, Vice President, Townsend Public Affairs, provided the staff report and presentation. Public Hearing opened at 9:38 p.m. No speakers. Public Hearing closed at 9:38 p.m. MOTION: Councilmember Mehlinger moved and Councilmember Cisneros seconded the motion to approve Alternatives 1 and 2: (1) Receive and file the Annual Review of New Laws Report (Attachment 1); (2) Approve the Proposed 2025 Priority Advocacy Issues - Clean Version (Attachment 2 to the report) and Council Policy Long-term Advocacy Positions as proposed to be amended (Attachment 4 in the report) with the following modifications: - Return with language: Support objective evaluation criteria and improved technical assistance for Housing Element Certification; - Return with language: Support modernization of the California Environmental Quality Act (CEQA) to better address contemporary environmental challenges such as climate change; - Return with language: Preventing homelessness from occurring in the first place; - Return with language: Advocating for fair energy distribution and pricing; - Add to LAP 7.0 C(5): Support Civil and Human Rights of Sunnyvale Community members; and - Retain and modify 7.0 F(11): Advocate for Sunnyvale communities of interest during redistricting cycles affecting Sunnyvale. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Sell Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Chang Councilmember Le No: 0 City of Sunnyvale Page 10 City Council Meeting Minutes January 28, 2025 Council took a recess at 10:04 p.m. returned at 10:10 pm with all Councilmembers present. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Councilmember Mehlinger reported on a recent Caltrain Local Policies Makers Group meeting and announced they were selected as Vice Chair. Councilmember Le reported on a Valley Transportation Agency (VTA) Policy Advisory Committee (PAC) meeting. Councilmember Srinivasan reported on a recent Valley Water meeting, announced they were to the National League of Cities Information Technology and Communication Committee, and on their attendance at the opening of Sonesta ES Suites Sunnyvale. Councilmember Mehlinger stated they need to withdraw as the Alternate of the Valley Transportation Authority (VTA) Policy Advisory Committee (PAC) and that they are applying to be on the Airport Land Use Commission. Mayor Klein reported on the nomination process for the Cities Association Selection Committee and on their attendance of the US Conference of Mayors in Washington D.C. NON-AGENDA ITEMS AND COMMENTS -Council Councilmember Mehlinger proposed three study issues that split the complete streets redesign of Fair Oaks into the following segments: - Java to Ahwanee; - Ahwanee to Fair Oaks Bridge; and - Fair Oaks Bridge to El Camino Real Mayor Klein, Vice Mayor Sell, and Councilmembers Cisneros, Srinivasan, Chang and Le co-sponsored the study issue. -City Manager City Manager Tim Kirby shared a reminder of the upcoming Council Retreat and the City's response to recent Presidential Executive Orders. INFORMATION ONLY REPORTS/ITEMS City of Sunnyvale Page 11 City Council Meeting Minutes January 28, 2025 25-0169 Tentative Council Meeting Agenda Calendar 25-0172 Board/Commission Meeting Minutes 25-0174 Information/Action Items 25-0029 Notice of Public Works Director’s Decision on Final Maps (Information Only) 25-0067 Council Advocacy Letters ADJOURNMENT Mayor Klein adjourned the meeting at 10:27 p.m. City of Sunnyvale Page 12