City Council
Regular MeetingSunnyvale, CA · July 27, 2021
Minutes
City of Sunnyvale
Meeting Minutes
City Council
Tuesday, July 27, 2021 7:00 PM Telepresence Meeting: City Web Stream |
Comcast Channel 15 | AT&T Channel 99
Regular Meeting - 7 PM
7 P.M. COUNCIL MEETING
CALL TO ORDER
Pursuant to Section 3 of Executive Order N-29-20 (March 17, 2020) and Section 42
of Executive Order N-08-21 (June 11, 2021), issued by Governor Newsom, the
meeting was conducted telephonically.
Mayor Klein called the meeting to order at 7:01 p.m. via teleconference.
ROLL CALL
Present: 7 - Mayor Larry Klein
Vice Mayor Glenn Hendricks
Councilmember Gustav Larsson
Councilmember Russ Melton
Councilmember Mason Fong
Councilmember Alysa Cisneros
Councilmember Omar Din
Mayor Klein, Vice Mayor Hendricks and all Councilmembers attended via
teleconference.
ORAL COMMUNICATIONS
Councilmember Din announced details of the current recruitment for various boards
and commissions. He shared details of COVID-19 vaccination availability at the
Sunnyvale Wednesday Night Music Series and availability via Santa Clara County.
Guiqiang Dong shared concerns regarding notifications from Neighborhood
Preservation (Code Enforcement).
Orlando Reyes, Project Manager, The Related Companies of California
City of Sunnyvale Page 1
City Council Meeting Minutes July 27, 2021
communicated support for agenda item 5.
CONSENT CALENDAR
Councilmember Cisneros pulled agenda item 1.E for separate consideration.
MOTION: Vice Mayor Hendricks moved and Councilmember Melton seconded the
motion to approve agenda items 1.A through 1.D and 1.F.
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Hendricks
Councilmember Larsson
Councilmember Melton
Councilmember Fong
Councilmember Cisneros
Councilmember Din
No: 0
1.A 21-0703 Approve City Council Meeting Minutes of July 13, 2021
Approve the City Council Meeting Minutes of July 13, 2021 as submitted.
1.B 21-0254 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 21-0690 Approve a Deed of Trust and Promissory Note, and Authorize
the City Manager to Execute a Loan Agreement, for or a
Forgivable Loan of $1.5 million with Sunnyvale Community
Services for Tenant Improvements of their new Headquarters
at 1160 Kern Avenue
Approve a Deed of Trust and Promissory Note, and authorize the City Manager to
execute a loan agreement, in substantially the same form as the Attachments to the
report, between the City of Sunnyvale and Sunnyvale Community Services in the
amount of $1,500,000.
1.D 21-0678 Award of Contract to FBD Vanguard Construction, Inc. for the
Fair Oaks Avenue Bikeway - Phase 2 Project and Finding of
California Environmental Quality Act (CEQA) Categorical
City of Sunnyvale Page 2
City Council Meeting Minutes July 27, 2021
Exemption (PW21-29)
Take the following actions:
- Make a finding of categorical exemption from the California Environmental Quality
Act (CEQA) pursuant to CEQA Guidelines Section 15301(c);
- Award a contract in substantially the same form as Attachment 2 to the report in
the amount of $421,278 to FBD Vanguard Construction, Inc. of Livermore;
- Authorize the City Manager to execute the contract when all necessary conditions
have been met; and
- Approve a 10% construction contingency in the amount of $42,128.
1.E 21-0736 Modify a Purchase Order with Tymco, Inc. for Two (2)
Sweeper Service Vehicles (F21-090)
Public Works Director Chip Taylor provided the staff report.
Public Hearing opened at 7:16 p.m.
No speakers.
Public Hearing closed at 7:16 p.m.
MOTION: Vice Mayor Hendricks moved and Councilmember Melton seconded the
motion to authorize the City Manager to amend an existing purchase order with
Tymco, Inc. of Waco, Texas for two (2) Model 600 sweeper service vehicles,
increasing the contract amount by $22,257.80 for a new total of $564,708.30.
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Hendricks
Councilmember Larsson
Councilmember Melton
Councilmember Fong
Councilmember Cisneros
Councilmember Din
No: 0
1.F 21-0711 Authorize the Purchase of one Heavy-Duty Rescue Vehicle for
the Department of Public Safety from Golden State Fire
Apparatus (F21-178)
Take the following actions:
- Authorize the issuance of a purchase order to Golden State Fire Apparatus in the
City of Sunnyvale Page 3
City Council Meeting Minutes July 27, 2021
amount of $1,175,939.46 (including tire and delivery fees, performance bond and
estimated sales tax) to Golden State Fire Apparatus; and
- Approve a 4% contingency in the amount of $47,037.58.
PUBLIC HEARINGS/GENERAL BUSINESS
2 21-0666 Adopt a Resolution Declaring a Stage 2 Water Supply
Shortage, Setting a 15 Percent Water Reduction Target,
Implementing Stage 2 Water Use Prohibitions Outlined in the
Water Shortage Contingency Plan, and Setting a Maximum
Three Days Per Week Irrigation Schedule
Water and Sewer Systems Division Manager Mansour Nasser provided the staff
report.
Public Hearing opened at 7:25 p.m.
Member of the public voiced concerns with regulating the days of the week
residents are allowed to water.
Public Hearing closed at 7:27 p.m.
MOTION: Vice Mayor Hendricks moved and Councilmember Larsson seconded the
motion to approve Alternative 1: Adopt a Resolution (Attachment 1 to the report) to
be in effect from August 1, 2021 through June 30, 2022 declaring a Stage 2 water
supply shortage, setting a 15 percent water reduction target, implementing Stage 2
water use prohibitions outlined in the Water Shortage Contingency Plan, and setting
a maximum three days per week irrigation schedule, and find that this action is
exempt from the California Environmental Quality Act.
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Hendricks
Councilmember Larsson
Councilmember Melton
Councilmember Fong
Councilmember Cisneros
Councilmember Din
No: 0
City of Sunnyvale Page 4
City Council Meeting Minutes July 27, 2021
3 21-0707 Adopt a Resolution Directing the City Manager to Temporarily
Allow Outdoor Dining on Private Parking Lots and Close the
100 Block of South Murphy Avenue until December 31, 2021
Assistant to the City Manager Connie Verceles provided the staff report.
Public Hearing opened at 8:26 p.m.
Mike Johnson, Executive Director, Sunnyvale Downtown Association shared the
Association’s support for Alternative 1 and a continued dialog with the City.
Public Hearing closed at 8:28 p.m.
MOTION: Councilmember Cisneros moved and Councilmember Din seconded the
motion to approve Alternative 1: Adopt a Resolution directing the City Manager to
temporarily allow outdoor dining on private parking lots and close the 100 block of
South Murphy Avenue until December 31, 2021.
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Hendricks
Councilmember Larsson
Councilmember Melton
Councilmember Fong
Councilmember Cisneros
Councilmember Din
No: 0
4 21-0037 Authorize the Mayor to Sign a Joint Letter with Mountain View
and Palo Alto to the Santa Clara Valley Transportation
Authority (VTA) Regarding a Funding Allocation Proposal for
the 2016 Measure B Caltrain Grade Separation Program
Public Works Director Chip Taylor provided the staff report and presentation.
Public Hearing opened at 9:03 p.m.
No speakers.
Public Hearing closed at 9:03 p.m.
MOTION: Vice Mayor Hendricks moved and Councilmember Fong seconded the
City of Sunnyvale Page 5
City Council Meeting Minutes July 27, 2021
motion to approve Alternative 1: Authorize the Mayor to sign a joint letter with
Mountain View and Palo Alto to the Santa Clara Valley Transportation Authority
(VTA) regarding a funding allocation proposal for the 2016 Measure B Caltrain
Grade Separation Program.
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Hendricks
Councilmember Larsson
Councilmember Melton
Councilmember Fong
Councilmember Cisneros
Councilmember Din
No: 0
5 21-0530 Hold Tax Equity and Fiscal Responsibility Act (TEFRA)
Hearing and Adopt Resolution Related to Proposed Issuance
of Tax-Exempt Bonds for the Acquisition, Construction, and
Development of a 90-unit Affordable Rental Housing Facility
for Low-Income Households, including Households with
Intellectual and Developmental Disabilities at 365 S. Mathilda
Avenue in Sunnyvale
Housing Officer Jenny Carloni provided the staff report and presentation.
Public Hearing opened at 9:12 p.m.
Orlando Reyes, Project Manager, The Related Companies of California
communicated support for Alternative 1 and answered questions from Council.
Public Hearing closed at 9:17 p.m.
MOTION: Vice Mayor Hendricks moved and Councilmember Cisneros seconded the
motion to approve Alternatives 1 and 2:
1) Conduct a public hearing pursuant to the Tax Equity and Fiscal Responsibility Act
(TEFRA) and the Internal Revenue Code of 1986, as amended; and
2) Adopt a Resolution (Attachment 1 to the report) approving the issuance of the
Bonds by the California Municipal Finance Authority for the benefit of The Related
Companies of California, LLC (the "Sponsor"), on behalf of the Sunnyvale Block 15
City of Sunnyvale Page 6
City Council Meeting Minutes July 27, 2021
Housing Partners, L.P., a California limited partnership or an entity to be created by
the Sponsor or an affiliate of the Sponsor (the "Borrower") to provide for the
financing of the Project, such adoption is solely for the purposes of satisfying the
requirements of TEFRA, the Internal Revenue Code and the California Government
Code Section 6500.
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Hendricks
Councilmember Larsson
Councilmember Melton
Councilmember Fong
Councilmember Cisneros
Councilmember Din
No: 0
6 21-0576 Consider a Long-term Legislative Advocacy Position (LAP)
Regarding Modernizing the Ralph M. Brown Act as it Pertains
to Teleconferencing
Senior Management Analyst Michelle Zahraie provided the staff report.
Public Hearing opened at 9:37 p.m.
No speakers.
Public Hearing closed at 9:37 p.m.
MOTION: Councilmember Melton moved and Vice Mayor Hendricks seconded the
motion to approve Alternative 1: Adopt a new long-term advocacy position as
presented:
“Support legislation to modernize the Ralph M. Brown Act as it pertains to
teleconferencing during public meetings. Urge the Legislature provide more
flexibility for cities to improve and enhance remote access for public officials
(Councilmembers and board or commission members) in public meetings. Support
legislation that allows for broader access and transparency without adding
unfunded mandates on local public agencies” with the following modifications:
- To include flexibility for intergovernmental agency boards; and
- To include flexibility for agencies should they choose to incorporate teleconference
provisions during public meetings.
City of Sunnyvale Page 7
City Council Meeting Minutes July 27, 2021
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Hendricks
Councilmember Larsson
Councilmember Melton
Councilmember Fong
Councilmember Cisneros
Councilmember Din
No: 0
COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
Vice Mayor Hendricks announced that Carol Gonot assumed her role as Valley
Transportation Authority (VTA) General Manager and Chief Executive Officer and
reported VTA held a memorial service for those lost during the light rail yard
shooting. The agency is working towards re-activating light rail service by the end of
August.
Vice Mayor Hendricks shared his attendance at a Caltrain Finance Committee
meeting and details of the service restoration plan.
Mayor Klein commented on advocacy to return Caltrain baby bullet service to
Sunnyvale.
NON-AGENDA ITEMS & COMMENTS
-Council
None.
-City Manager
None.
INFORMATION ONLY REPORTS/ITEMS
21-0704 Tentative Council Meeting Agenda Calendar
21-0705 Board/Commission Meeting Minutes
21-0706 Information/Action Items
City of Sunnyvale Page 8
City Council Meeting Minutes July 27, 2021
21-0717 Boards and Commissions Semi-Annual Attendance Report,
January to June 2021 (Information Only)
ADJOURNMENT
Mayor Klein adjourned the meeting at 9:47 p.m.
City of Sunnyvale Page 9
Agenda
City of Sunnyvale
Notice and Agenda
City Council
Tuesday, July 27, 2021 7:00 PM Telepresence Meeting: City Web Stream |
Comcast Channel 15 | AT&T Channel 99
Regular Meeting - 7 PM
Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/96111580540
Because of the COVID-19 emergency and the “shelter in place” orders issued by
Santa Clara County and the State of California, this meeting of the Sunnyvale City
Council will take place by teleconference, as allowed by Governor Gavin
Newsom’s Executive Orders N-29-20 and N-08-21.
• Watch the City Council meeting on television over Comcast Channel 15,
AT&T Channel 99, at http://youtube.com/SunnyvaleMeetings or
https://sunnyvaleca.legistar.com/calendar.aspx
• Submit written comments to the City Council up to 4 hours prior to the meeting to
council@sunnyvale.ca.gov or by mail to City Clerk, 603 All America Way,
Sunnyvale, CA 94086.
• Teleconference participation: You may provide audio public comment by
connecting to the teleconference meeting online or by telephone. Use the Raise
Hand feature to request to speak (*9 on a telephone):
Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/96111580540
Meeting call-in telephone number: 833-548-0276 | Meeting ID: 961 1158 0540
Pursuant to the Americans with Disabilities Act (ADA) and Executive Order
N-29-20, if you need special assistance to provide public comment, contact the
City at least 2 hours prior to the meeting in order for the City to make reasonable
alternative arrangements for you to communicate your comments. For other
special assistance; please contact the City at least 48 hours prior to the meeting to
enable the City to make reasonable arrangements to ensure accessibility to this
meeting. The Office of the City Clerk may be reached at (408) 730-7483 or
cityclerk@sunnyvale.ca.gov (28 CFR 35.160 (b) (1)).
City of Sunnyvale Page 1 Printed on 7/22/2021
City Council Notice and Agenda July 27, 2021
7 P.M. COUNCIL MEETING
Pursuant to Council Policy, City Council will not begin consideration of any
agenda item after 11:30 p.m. without a vote. Any item on the agenda which must
be continued due to the late hour shall be continued to a date certain. Information
provided herein is subject to change from date of printing of the agenda to the date
of the meeting.
CALL TO ORDER
Call to Order via teleconference.
ROLL CALL
ORAL COMMUNICATIONS
This category provides an opportunity for members of the public to address the
City Council on items not listed on the agenda and is limited to 15 minutes (may
be extended or continued after the public hearings/general business section of the
agenda at the discretion of the Mayor) with a maximum of up to three minutes per
speaker. Please note the Brown Act (Open Meeting Law) does not allow the
Council to take action on an item not listed on the agenda. If you wish to address
the Council, please refer to the notice at the beginning of this agenda. Individuals
are limited to one appearance during this section.
CONSENT CALENDAR
All matters listed on the consent calendar are considered to be routine and will be
acted upon by one motion. There will be no separate discussion of these items. If
a member of the public would like a consent calendar item pulled and discussed
separately, please refer to the notice at the beginning of this agenda.
1.A 21-0703 Approve City Council Meeting Minutes of July 13, 2021
Recommendation: Approve the City Council Meeting Minutes of July 13, 2021 as
submitted.
1.B 21-0254 Approve the List(s) of Claims and Bills Approved for Payment
by the City Manager
Recommendation: Approve the list(s) of claims and bills.
1.C 21-0690 Approve a Deed of Trust and Promissory Note, and Authorize
the City Manager to Execute a Loan Agreement, for or a
City of Sunnyvale Page 2 Printed on 7/22/2021
City Council Notice and Agenda July 27, 2021
Forgivable Loan of $1.5 million with Sunnyvale Community
Services for Tenant Improvements of their new Headquarters
at 1160 Kern Avenue
Recommendation: Alternative 1: Approve a Deed of Trust and Promissory Note,
and Authorize the City Manager to execute a Loan Agreement,
in substantially the same form as the Attachments to the
report, between the City of Sunnyvale and Sunnyvale
Community Services in the amount of $1,500,000.
1.D 21-0678 Award of Contract to FBD Vanguard Construction, Inc. for the
Fair Oaks Avenue Bikeway - Phase 2 Project and Finding of
California Environmental Quality Act (CEQA) Categorical
Exemption (PW21-29)
Recommendation: Take the following actions:
- Make a finding of categorical exemption from the California
Environmental Quality Act (CEQA) pursuant to CEQA
Guidelines Section 15301 (c);
- Award a contract in substantially the same form as
Attachment 2 to the report in the amount of $421,278 to FBD
Vanguard Construction, Inc. of Livermore;
- Authorize the City Manager to execute the contract when all
necessary conditions have been met; and
- Approve a 10% construction contingency in the amount of
$42,128.
1.E 21-0736 Modify a Purchase Order with Tymco, Inc. for Two (2)
Sweeper Service Vehicles (F21-090)
Recommendation: Authorize the City Manager to amend an existing purchase
order with Tymco, Inc. of Waco, Texas for two (2) Model 600
sweeper service vehicles, increasing the contract amount by
$22,257.80 for a new total of $564,708.30.
1.F 21-0711 Authorize the Purchase of one Heavy-Duty Rescue Vehicle for
the Department of Public Safety from Golden State Fire
Apparatus (F21-178)
City of Sunnyvale Page 3 Printed on 7/22/2021
City Council Notice and Agenda July 27, 2021
Recommendation: Take the following actions:
- Authorize the issuance of a purchase order to Golden State
Fire Apparatus in the amount of $1,175,939.46 (including tire
and delivery fees, performance bond and estimated sales tax)
to Golden State Fire Apparatus; and
- Approve a 4% contingency in the amount of $47,037.58.
PUBLIC HEARINGS/GENERAL BUSINESS
If you wish to speak to a public hearing/general business item, please refer to
notice at the beginning of this agenda. Each speaker is limited to a maximum of
three minutes. For land-use items, applicants are limited to a maximum of 10
minutes for opening comments and 5 minutes for closing comments.
2 21-0666 Adopt a Resolution Declaring a Stage 2 Water Supply
Shortage, Setting a 15 Percent Water Reduction Target,
Implementing Stage 2 Water Use Prohibitions Outlined in the
Water Shortage Contingency Plan, and Setting a Maximum
Three Days Per Week Irrigation Schedule
Recommendation: Alternative 1: Adopt the Resolution in Attachment 1 to the
report to be in effect from August 1, 2021 through June 30,
2022 Declaring a Stage 2 Water Supply Shortage, Setting a
15 Percent Water Reduction Target, Implementing Stage 2
Water Use Prohibitions Outlined in the Water Shortage
Contingency Plan, and Setting a Maximum Three Days Per
Week Irrigation Schedule, and find that this action is exempt
from the California Environmental Quality Act.
3 21-0707 Adopt a Resolution Directing the City Manager to Temporarily
Allow Outdoor Dining on Private Parking Lots and Close the
100 Block of South Murphy Avenue until December 31, 2021
Recommendation: Alternative 1: Adopt a Resolution Directing the City Manager to
Temporarily Allow Outdoor Dining on Private Parking Lots and
Close the 100 Block of South Murphy Avenue until December
31, 2021.
4 21-0037 Authorize the Mayor to Sign a Joint Letter with Mountain View
and Palo Alto to the Santa Clara Valley Transportation
Authority (VTA) Regarding a Funding Allocation Proposal for
the 2016 Measure B Caltrain Grade Separation Program
City of Sunnyvale Page 4 Printed on 7/22/2021
City Council Notice and Agenda July 27, 2021
Recommendation: Alternative 1: Authorize the Mayor to Sign a joint letter with
Mountain View and Palo Alto to the Santa Clara Valley
Transportation Authority (VTA) regarding a funding allocation
proposal for the 2016 Measure B Caltrain Grade Separation
Program.
5 21-0530 Hold Tax Equity and Fiscal Responsibility Act (TEFRA)
Hearing and Adopt Resolution Related to Proposed Issuance
of Tax-Exempt Bonds for the Acquisition, Construction, and
Development of a 90-unit Affordable Rental Housing Facility
for Low-Income Households, including Households with
Intellectual and Developmental Disabilities at 365 S. Mathilda
Avenue in Sunnyvale
Recommendation: Alternatives 1 and 2:
1) Conduct a public hearing pursuant to the Tax Equity and
Fiscal Responsibility Act (TEFRA) and the Internal Revenue
Code of 1986, as amended; and
2) Adopt a resolution (Attachment 1 to the Report) approving
the issuance of the Bonds by the California Municipal Finance
Authority for the benefit of The Related Companies of
California, LLC (the "Sponsor"), on behalf of the Sunnyvale
Block 15 Housing Partners, L.P., a California limited
partnership or an entity to be created by the Sponsor or an
affiliate of the Sponsor (the "Borrower") to provide for the
financing of the Project, such adoption is solely for the
purposes of satisfying the requirements of TEFRA, the Internal
Revenue Code and the California Government Code Section
6500.
6 21-0576 Consider a Long-term Legislative Advocacy Position (LAP)
Regarding Modernizing the Ralph M. Brown Act as it Pertains
to Teleconferencing
Recommendation: Staff makes no recommendation. This report is being
presented to Council to facilitate a discussion at the public
hearing to consider a long-term legislative advocacy position
(LAP) regarding modernizing the Ralph M. Brown Act as it
pertains to teleconferencing.
COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
City of Sunnyvale Page 5 Printed on 7/22/2021
City Council Notice and Agenda July 27, 2021
NON-AGENDA ITEMS & COMMENTS
-Council
-City Manager
INFORMATION ONLY REPORTS/ITEMS
Visit http://Sunnyvale.ca.gov/TCMAC to view the Tentative Council Meeting
Agenda Calendar (TCMAC) online. The TCMAC is updated each Thursday
afternoon.
21-0704 Tentative Council Meeting Agenda Calendar
21-0705 Board/Commission Meeting Minutes
21-0706 Information/Action Items
21-0717 Boards and Commissions Semi-Annual Attendance Report,
January to June 2021 (Information Only)
ADJOURNMENT
NOTICE TO THE PUBLIC
The agenda reports to council (RTCs) may be viewed on the City’s website at
sunnyvale.ca.gov after 7 p.m. on Thursdays or in the Office of the City Clerk
located at 603 All America Way, prior to Tuesday City Council meetings. Any
agenda related writings or documents distributed to members of the City of
Sunnyvale City Council regarding any open session item on this agenda will be
made available for public inspection in the Office of the City Clerk located at 603
All America Way, during normal business hours and in the Council Chamber on
the evening of the Council Meeting, pursuant to Government Code §54957.5.
Please contact the Office of the City Clerk at (408) 730-7483 to access City Hall to
view these materials and for specific questions regarding the agenda.
PLEASE TAKE NOTICE that if you file a lawsuit challenging any final decision on
any public hearing item listed in this agenda, the issues in the lawsuit may be
limited to the issues which were raised at the public hearing or presented in
writing to the Office of the City Clerk at or before the public hearing. PLEASE
TAKE FURTHER NOTICE that Code of Civil Procedure section 1094.6 imposes a
City of Sunnyvale Page 6 Printed on 7/22/2021
City Council Notice and Agenda July 27, 2021
90-day deadline for the filing of any lawsuit challenging final action on an agenda
item which is subject to Code of Civil Procedure 1094.5.
Planning a presentation for a City Council meeting?
To help you prepare and deliver your public comments, please review the "Making
Public Comments During City Council or Planning Commission Meetings"
available at http://Sunnyvale.ca.gov/PublicComments
Planning to provide materials to Council?
If you wish to provide the City Council with copies of your presentation materials,
please provide 12 copies of the materials to the Office of the City Clerk. The City
Clerk will distribute your items to the Council following the meeting.
Upcoming Meetings
Visit https://sunnyvaleca.legistar.com for upcoming Council, board and
commission meeting information.
City of Sunnyvale Page 7 Printed on 7/22/2021
Get email alerts for Sunnyvale
A daily email when new agendas and minutes are posted.