City of Sunnyvale
Meeting Minutes - Draft
City Council
5:30 PM Telepresence Meeting: City Web Stream |
Comcast Channel 15 | AT&T Channel 99
Tuesday, September 27, 2022
Special Meeting: Closed Session - 5:30 p.m. | Regular Meeting - 7 PM | Regular Meeting:
Sunnyvale Financing Authority - 7 PM (or soon thereafter) 5:30 P.M. SPECIAL COUNCIL MEETING (Closed Session)
Call to Order
Pursuant to Government Code Subdivision 54953(e), the meeting was conducted telephonically; pursuant to state law, the City Council made the necessary findings by adopting Resolution No. 1089-21, reaffirmed on August 30, 2022.
Vice Mayor Cisneros called the meeting to order at 5:31 p.m. via teleconference.
Roll Call
Mayor Larry Klein
Vice Mayor Alysa Cisneros
Councilmember Gustav Larsson
Councilmember Glenn Hendricks
Councilmember Russ Melton
Councilmember Omar Din
Councilmember Anthony (Tony) Spitaleri
Present: 7 -
Mayor Klein, Vice Mayor Cisneros and all Councilmembers attended via teleconference.
Public Comment
Public Comment opened at 5:33 p.m.
No speakers.
Public Comment closed at 5:33 p.m.
Convene to Closed Session
A 22-0889
Closed Session Held Pursuant to California Government Code Section 54957.6:
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CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Tina Murphy, Director of Human Resources
Employee organization: Service Employees International Union (SEIU)
B 22-0890
CONFERENCE WITH LEGAL COUNSEL-PENDING
LITIGATION Closed Session held pursuant to California
Government Code Section 54956.9(d)(1). Name of case: Jane Doe v. The City of Sunnyvale, The City of Sunnyvale
Department of Public Safety, Joel Lockwood, Santa Clara County Superior Court, Case No. 22CV399041
Adjourn Special Meeting
Vice Mayor Cisneros adjourned the meeting at 6:59 p.m.
7 P.M. COUNCIL MEETING
CALL TO ORDER
Pursuant to Government Code Subdivision 54953(e), the meeting was conducted telephonically; pursuant to state law, the City Council made the necessary findings by adopting Resolution No. 1089-21, reaffirmed on August 30, 2022.
Mayor Klein called the meeting to order at 7:00 p.m. via teleconference.
ROLL CALL
Mayor Larry Klein
Vice Mayor Alysa Cisneros
Councilmember Gustav Larsson
Councilmember Glenn Hendricks
Councilmember Russ Melton
Councilmember Omar Din
Councilmember Anthony (Tony) Spitaleri
Present: 7 -
Mayor Klein, Vice Mayor Cisneros and all Councilmembers attended via teleconference.
CLOSED SESSION REPORT
Vice Mayor Cisneros reported that Council met in Closed Session Conference with
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Labor Negotiators Agency designated representatives: Tina Murphy, Director of Human Resources Employee organization: Service Employees International Union (SEIU); nothing to report.
Vice Mayor Cisneros reported that Council met in Closed Session Conference with Legal Counsel Pending Litigation Closed Session held pursuant to California Government Code Section 54956.9(d)(1). Name of case: Jane Doe v. The City of Sunnyvale, The City of Sunnyvale Department of Public Safety, Joel Lockwood, Santa Clara County Superior Court, Case No. 22CV399041; nothing to report.
SPECIAL ORDER OF THE DAY
C 22-0939 Active Aging Week and Arts and Humanities Month Mayor Klein read a proclamation in honor of Active Aging Week and Arts and Humanities Month.
D 22-0967 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.
ORAL COMMUNICATIONS
Councilmember Din announced details of the current recruitment for various Boards and Commissions.
Galen Kim Davis shared their concerns with the recent automobile collisions that have resulted in deaths in Sunnyvale.
Richard Mehlinger spoke to the recent automobile collisions that resulted in deaths at the intersection of Wolf Road and Inverness Way.
CONSENT CALENDAR
Mayor Klein pulled agenda item 1.L for separate consideration.
Public Comment opened at 7:20 p.m.
No speakers.
Public Comment closed at 7:20 p.m.
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MOTION: Vice Mayor Cisneros moved and Councilmember Melton seconded the motion to approve agenda items 1.A through 1.K and 1.M through 1.N.
The motion carried with the following vote:
Yes: Mayor Klein
Vice Mayor Cisneros
Councilmember Larsson
Councilmember Hendricks
Councilmember Melton
Councilmember Din
Councilmember Spitaleri
7 -
No: 0
1.A 22-0709
Approve City Council Meeting Minutes of September 13, 2022 Approve the City Council Meeting Minutes of September 13, 2022 as submitted.
1.B 22-0888 Approve City Council Meeting Minutes of September 20, 2022 (Moffett Park Specific Plan Mobility)
Approve the City Council Meeting Minutes of September 20, 2022 as submitted.
1.C 22-0186 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager
Approve the list(s) of claims and bills.
1.D 22-0575 Approve Budget Modification No. 4 in the amount of $5,040 from the Council Service Level Set-Aside for the Addition of an Automatic Dependent Surveillance Broadcast or ADSB
Exchange Subscription to the Airplane Noise Monitoring
System to Provide Complete Information of All Aircraft
Equipped with the Proper Transponder not Already Captured by the Currently Available Systems
Approve Budget Modification No. 4 in the amount of $5,040 from the Council Service Level Set-Aside for the addition of an Automatic Dependent Surveillance Broadcast or ADSB Exchange Subscription to the Airplane Noise Monitoring System to provide complete information of all aircraft equipped with the proper transponder not already captured by the currently available systems.
1.E 22-0816
Adopt the City’s Investment Policy for Fiscal Year 2022/23 and
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Receive Annual Performance Report for Fiscal Year 2021/22 Adopt the City’s Investment Policy for Fiscal Year 2022/23 (Council Policy 7.1.2) and receive the Annual Performance Report for Fiscal Year 2021/22.
1.F 22-0938 Receive a Report of an Emergency Procurement to Provide Polymer to Meet Compliance Requirements at the Water
Pollution Control Plant and Find that the Project is Urgent for the Preservation of Life, Health, or Property (F23-032) Receive the Report of an Emergency Procurement to provide polymer to meet compliance requirements at the Water Pollution Control Plant and find that the project is urgent for the preservation of life, health, or property.
1.G 22-0852
Award of Contract to Tennyson Electric, Inc. for Street Lights Conduit Replacement 2022 and Finding of California
Environmental Quality Act (CEQA) Categorical Exemption
(PW23-07)
Take the following actions:
- Award a contract in substantially the same form as Attachment 2 to the report in the amount of $388,611.50 to Tennyson Electric, Inc. of Livermore; - Make a finding of categorical exemption from the California Environmental Quality Act pursuant to California Environmental Quality Act Guidelines Section 15302(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 $38,861.
1.H 22-0951
Authorize the City Manager to Execute an Agreement with the California Department of Technology for the Purchase of Microsoft Online Subscription Services (F23-025)
Authorize the City Manager to execute an Agreement with the California Department of Technology for Microsoft online subscription services in a not-to-exceed contract amount of $2,034,910 and for a term of three-years and four-months and approve a
9.8% contingency in the amount of $200,000.
1.I 22-0544
Adopt a Resolution Acknowledging Receipt of a Report from the Department of Public Safety Regarding Annual Fire and Life Safety Inspections Pursuant to Sections 13146.2 Through 13146.4 of the California Health and Safety Code
Adopt a Resolution acknowledging receipt of a report from the Department of Public
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Safety regarding annual Fire and Life Safety Inspections pursuant to Sections 13146.2 through 13146.4 of the California Health and Safety Code.
1.J 22-0590 Adopt a Resolution Amending the City of Sunnyvale Local Conflict of Interest Code
Adopt a Resolution amending the City of Sunnyvale Local Conflict of Interest Code.
1.K 22-0838 Adopt a Resolution Extending the City’s Declaration of Local Emergency for COVID-19
Adopt a Resolution extending the City Manager/Director of Emergency Services' Proclamation of Existence of a Local Emergency (COVID 19).
1.L 22-0913
Reconsider and Affirm Resolution No. 1089-21; and Make
Findings Pursuant to Government Code Section 54953(e) (AB 361) to Continue Virtual Public Meetings for the City Council and Boards, Commissions and Council Subcommittees During the COVID-19 State of Emergency
Public Hearing opened at 7:32 p.m.
Mark spoke to potential concerns for Council or Board and Commission Members when meeting in-person.
Public Hearing closed at 7:34 p.m.
MOTION: Councilmember Melton moved and Councilmember Larsson seconded the motion to affirm Resolution 1089-21; and make findings pursuant to Government Code Section 54953(e) (AB 361) to continue virtual public meetings for the City Council and Boards, Commissions and Council Subcommittees during the COVID-19 State of Emergency:
1. The City Council hereby finds that the state of emergency conditions related to COVID19, as set forth in Resolution No. 1139-22 adopted on August 9, 2022 and incorporated herein by reference, are ongoing;
2. The City Council finds that there is a need to continue teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor proclaimed COVID-19 state of emergency; and
3. The City Council finds that the state of emergency continues to directly impact the ability of members of the City Council, Council Standing Committees, and City Boards and Commissions to meet safely in person.
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The motion carried with the following vote:
Yes: Mayor Klein
Vice Mayor Cisneros
Councilmember Larsson
Councilmember Hendricks
Councilmember Melton
Councilmember Din
Councilmember Spitaleri
7 -
No: 0
1.M 22-0954
Adopt Ordinance No. 3198-22 to Amend Chapter 2.30
(Appointment Process to Fill Vacancies on the City Council) of the Sunnyvale Municipal Code
Adopt Ordinance No. 3198-22 to amend Chapter 2.30 (Appointment Process to Fill Vacancies on the City Council) of the Sunnyvale Municipal Code.
1.N 22-0955
Adopt Ordinance No. 3199-22 to Amend Section 2.29.010
(Electronic Filing of Campaign Statements and Statements of Economic Interests) of the Sunnyvale Municipal Code Relating to Electronic Filing of Campaign Statements and Statements of Economic Interests to Correct a Typographical Error
Adopt Ordinance No. 3199-22 to amend Section 2.29.010 (Electronic Filing of Campaign Statements and Statements of Economic Interests) of the Sunnyvale Municipal Code relating to electronic filing of campaign statements and statements of economic interests to correct a typographical error.
ADJOURNMENT TO REGULAR MEETING OF THE SUNNYVALE FINANCING
AUTHORITY
Mayor Klein adjourned the Council meeting to the Sunnyvale Financing Authority at 7:35 p.m.
7 P.M. (OR SOON THEREAFTER) REGULAR MEETING OF THE SUNNYVALE
FINANCING AUTHORITY
Call to Order
Pursuant to Government Code Subdivision 54953(e), the meeting was conducted telephonically; pursuant to state law, the Financing Authority made the necessary findings by adopting Resolution No. 1105-22FA, reaffirmed on August 30, 2022.
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Authority Chair Klein called the Sunnyvale Financing Authority meeting to order at 7:35 p.m. via teleconference.
Roll Call
Present: 7 - Authority Chair / Mayor Larry Klein
Authority Vice Chair / Vice Mayor Alysa Cisneros
Authority Member / Councilmember Gustav Larsson
Authority Member / Councilmember Glenn Hendricks
Authority Member / Councilmember Russ Melton
Authority Member / Councilmember Omar Din
Authority Member / Councilmember Anthony (Tony) Spitaleri
Absent: 0
Authority Chair / Mayor Klein, Authority Vice Chair / Vice Mayor Cisneros and all Authority Members / Councilmembers attended via teleconference.
Oral Communications
None.
Consent Calendar
Public Comment opened at 7:37 p.m.
No speakers.
Public Comment closed at 7:37 p.m.
MOTION: Authority Vice Chair Cisneros moved and Authority Member Melton seconded the motion to approve agenda items 2.A through 2.B.
The motion carried with the following vote:
Yes: Mayor Klein
Vice Mayor Cisneros
Councilmember Larsson
Councilmember Hendricks
Councilmember Melton
Councilmember Din
Councilmember Spitaleri
7 -
No: 0
2.A 22-0914
Approve Sunnyvale Financing Authority Meeting Minutes of
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Approve the Sunnyvale Financing Authority Meeting Minutes of August 30, 2022 as submitted.
2.B 22-0915 Reconsider and Affirm Resolution No. 1105-22FA; and Make Findings Pursuant to Government Code Section 54953(e) (AB 361) to Continue Virtual Public Meetings for the Sunnyvale Financing Authority During the COVID-19 State of Emergency Affirm Resolution 1105-22FA; and make findings pursuant to Government Code Section 54953(e) (AB 361) to continue virtual public meetings for the Financing Authority during the COVID-19 State of Emergency:
1. The Financing Authority Board has found and determined that the state of emergency conditions related to COVID19, as set forth in City of Sunnyvale Resolution No. 1139-22 adopted on August 9, 2022, and incorporated herein by reference, are ongoing;
2. The Financing Authority Board finds that there is a need to continue teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor proclaimed COVID-19 state of emergency; and
3. The Financing Authority Board finds that the state of emergency continues to directly impact the ability of members of the Financing Authority to meet safely in person.
ADJOURN SUNNYVALE FINANCING AUTHORITY MEETING
Authority Chair Klein adjourned the Sunnyvale Financing Authority meeting at 7:38 p.m.
RECONVENE TO CITY COUNCIL MEETING
Mayor Klein reconvened the City Council Meeting at 7:38 p.m.
PUBLIC HEARINGS/GENERAL BUSINESS
3 22-0907 REQUEST FOR CONTINUANCE TO A DATE UNCERTAIN
Consider a Tenant Protection and Right to Lease Ordinance (Study Issue)
Community Development Director Trudi Ryan provided the staff report.
Public Hearing opened at 7:42 p.m.
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Peter spoke to the importance of this public hearing item and urged Council and staff to reschedule to a date in the near future.
Public Hearing closed at 7:44 p.m.
MOTION: Councilmember Melton moved and Councilmember Din seconded the motion to continue the City Council hearing a date uncertain.
The motion carried with the following vote:
Yes: Mayor Klein
Vice Mayor Cisneros
Councilmember Larsson
Councilmember Hendricks
Councilmember Melton
Councilmember Din
Councilmember Spitaleri
7 -
No: 0
4 22-0911
CONTINUED FROM AUGUST 30, 2022
Selection of the Sunnyvale Avenue Underpass Tunnel Option to be Defined as the Proposed Project for the Grade
Separation of Crossing of the Caltrain Railroad Tracks for the Environmental Review
Vice Mayor Cisneros reported the Fair Political Practices Commission advised she is able to participate in this agenda item.
Principal Transportation Engineer Angela Obeso provided the staff report and presentation.
Public Hearing opened at 9:05 p.m.
Paul Besser shared opposition to Alternative 1 (Underpass Tunnel) and support for Alternative 2 (Bicycle and Pedestrian Only Underpass Tunnel).
Kylee Burgess communicated opposition to the Underpass Tunnel option and support for the Bicycle and Pedestrian Only Underpass Tunnel option.
Bryce Beagle provided a presentation supporting the Bicycle and Pedestrian Only
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Underpass Tunnel option.
Kelly Carpenter, Bike Sunnyvale shared a presentation supporting the Bicycle and Pedestrian Only Underpass Tunnel option.
Nick Brosnahan, Bike Sunnyvale continued the presentation.
Ellory Liu, Bike Sunnyvale continued the presentation.
Sharlene Liu, Bike Sunnyvale continued the presentation.
Tim Oey spoke in support of the Bicycle and Pedestrian Only Underpass Tunnel option and support for bicycle and pedestrian infrastructure in general.
Mark voiced support for the Bicycle and Pedestrian Only Underpass Tunnel option and maintaining an at-grade crossing for bicyclists.
Leia Mehlman shared support for the Bicycle and Pedestrian Only Underpass Tunnel option.
Gunhan Gulsoy communicated how the Underpass Tunnel option would affect his property and support for the Bicycle and Pedestrian Only Underpass Tunnel option.
Mike Serrone offered a suggestion of an at-grade crossing for pedestrians and bicycles in addition to Bicycle and Pedestrian Only Underpass Tunnel option.
Jason Roberts voiced support for the Bicycle and Pedestrian Only Underpass Tunnel option and shared thoughts regarding the impacted Valley Transportation Authority (VTA) routes.
Tom Kilsdonk spoke in support of the Bicycle and Pedestrian Only Underpass Tunnel option and support for bicycle and pedestrian infrastructure in general.
Dipesh Gupta, Owner, Aloft Hotel spoke against passing the Underpass Tunnel option.
Jason Feinsmith communicated support for the Bicycle and Pedestrian Only Underpass Tunnel option.
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Richard Mehlinger voiced support for Alternative 2, the Bicycle and Pedestrian Only Underpass Tunnel option and identified City policy documents supportive of this option.
Andy Dunn shared support for the Bicycle and Pedestrian Only Underpass Tunnel option.
Andy Yang communicated support for the Bicycle and Pedestrian Only Underpass Tunnel option and the benefits of bicycle and pedestrian infrastructure for people with disabilities.
Galen Kim Davis shared their disagreement with the staff recommendation of passing the Underpass Tunnel option and a belief that VTA will be able to adjust bus routes following the change.
Daniel Howard spoke in support of the Bicycle and Pedestrian Only Underpass Tunnel option.
Kristel Wickham voiced support for the Bicycle and Pedestrian Only Underpass Tunnel option and identified related climate benefits.
Gary Gold, Dr. Gary Gold & Associates Optometry communicated how the Underpass Tunnel option would negatively affect his business operations and support for the Bicycle and Pedestrian Only Underpass Tunnel option.
Ari Feinsmith communicated support for the Bicycle and Pedestrian Only Underpass Tunnel option as a safer option.
Dan Hafeman shared support for the Bicycle and Pedestrian Only Underpass Tunnel option and offered a suggest for how to re-route VTA Bus Route 55.
Josh Rupert, City Line Sunnyvale voiced support for the Underpass Tunnel and shared how the Bicycle and Pedestrian Only Underpass Tunnel option could hurt retail business in downtown Sunnyvale.
Mike Johnson, Executive Director, Sunnyvale Downtown Association shared the Association's support for the Bicycle and Pedestrian Only Underpass Tunnel option and detailed the estimated higher costs for the Underpass Tunnel option.
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Stephen Meier detailed City policies that support the Bicycle and Pedestrian Only Underpass Tunnel option.
Linda Sell communicated support for the Bicycle and Pedestrian Only Underpass Tunnel option as a less expensive and safer option.
Public Hearing closed at 10:19 p.m.
MOTION: Vice Mayor Cisneros moved and Councilmember Din seconded the motion to approve Alternative 2: Selection of the Sunnyvale Avenue Bicycle and Pedestrian Only Underpass Tunnel option to be defined as the Proposed Project for the grade separation of the Sunnyvale Avenue crossing of the Caltrain railroad tracks for the Environmental Review.
The motion carried with the following vote:
Yes: Mayor Klein
Vice Mayor Cisneros
Councilmember Larsson
Councilmember Hendricks
Councilmember Melton
Councilmember Din
Councilmember Spitaleri
7 -
No: 0
5 22-0832
Authorize the City Manager to Execute an Operating
Agreement with Bird Rides, Inc. for a One-year Pilot Operation of a Stand-up Electric Scooter Sharing Program
Transportation Traffic Manager Dennis Ng provided the staff report and presentation.
Public Hearing opened at 11:22 p.m.
Robert Singleton, Government Partnership Manager, Bird spoke to Bird’s scooter offerings and how they can work with the City to best support the community's needs.
Leia Mehlman shared concerns with the limited of opportunities to ride the scooters in North Sunnyvale.
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Bryce Beagle communicated support for the one-year pilot and integrating payments with the Clipper Card program.
Dawn Maher, Executive Director, Sunnyvale Chamber of Commerce spoke in support of the one-year pilot program and adding another short-distance transit option in Sunnyvale.
Mike Johnson, Executive Director, Sunnyvale Downtown Association voiced support for the one-year pilot program and requested information regarding how the scooters will integrate with Downtown pedestrian and bicycle facilities.
Public Hearing closed at 11:38 p.m.
MOTION: Councilmember Spitaleri moved and Councilmember Hendricks seconded the motion to approve Alternative 1: Authorize the City Manager to execute an Operating Agreement with Bird Rides, Inc. for a one-year pilot operation of a StandUp Electric Scooter Sharing Program with the modification of banning scooters on the 100 Block of Murphy Avenue.
FORMAL AMENDMENT: Councilmember Melton moved and Councilmember Din seconded the motion to remove the banning of the scooters on Murphy Ave and to direct staff to monitor the area and delegate the decision to ban scooters on Murphy Avenue to the City Manager.
The motion to amend carried with the following vote:
Yes: Mayor Klein
Vice Mayor Cisneros
Councilmember Melton
Councilmember Din
4 -
No: Councilmember Larsson
Councilmember Hendricks
Councilmember Spitaleri
3 -
The motion as amended carried with the following vote:
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Yes: Mayor Klein
Vice Mayor Cisneros
Councilmember Larsson
Councilmember Hendricks
Councilmember Melton
Councilmember Din
Councilmember Spitaleri
7 -
No: 0
MOTION: Vice Mayor Cisneros moved to continue agenda item 6-Introduce an Ordinance Amending Section 9.62.090 of Chapter 9.62 (Public Parks)... to a date uncertain. Motion failed for lack of a second.
6 22-0831
Introduce an Ordinance Amending Section 9.62.090 of Chapter
9.62 (Public Parks) of the Sunnyvale Municipal Code
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.
-City Manager
Agenda item not heard by Council.
INFORMATION ONLY REPORTS/ITEMS
22-0885 Tentative Council Meeting Agenda Calendar
22-0886 Board/Commission Meeting Minutes
22-0887 Information/Action Items
22-0961 Board/Commission Resignation (Information Only)
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ADJOURNMENT
Mayor Klein adjourned the meeting at 12:07 a.m.
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