City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, April 5, 2022 5:30 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Closed Session - 5:30 PM | Special Meeting: Study Session - 6 PM | Regular Meeting - 7 PM | Regular Sunnyvale Financing Authority Meeting - 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 March 22, 2022. Vice Mayor Cisneros called the meeting to order at 5:30 p.m. via teleconference. Roll Call Present: 6 - Mayor Larry Klein Vice Mayor Alysa Cisneros Councilmember Glenn Hendricks Councilmember Russ Melton Councilmember Omar Din Councilmember Anthony (Tony) Spitaleri Absent: 1 - Councilmember Gustav Larsson Mayor Klein, Vice Mayor Cisneros and Councilmembers Hendricks, Melton, Din and Spitaleri 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 City of Sunnyvale Page 1 City Council Meeting Minutes April 5, 2022 A 22-0456 Closed Session Held Pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Tina Murphy, Director of Human Resources Employee organization: Public Safety Managers Association (PSMA) Adjourn Special Meeting Vice Mayor Cisneros adjourned the meeting at 5:59 p.m. 6 P.M. SPECIAL COUNCIL MEETING (Study 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 March 22, 2022. Vice Mayor Cisneros called the meeting to order at 6:02 p.m. via teleconference. Roll Call Present: 6 - Mayor Larry Klein Vice Mayor Alysa Cisneros Councilmember Glenn Hendricks Councilmember Russ Melton Councilmember Omar Din Councilmember Anthony (Tony) Spitaleri Absent: 1 - Councilmember Gustav Larsson Mayor Klein, Vice Mayor Cisneros and Councilmembers Hendricks, Melton, Din and Spitaleri attended via teleconference. Study Session B 22-0030 Caltrain Grade Separation Principle Transportation Engineer Angela Obeso provided the staff report and presentation. Public Comment opened at 6:55 p.m. City of Sunnyvale Page 2 City Council Meeting Minutes April 5, 2022 Richard Mehlinger voiced support for the project, specifically with a focus on safety and bicycle access to new roads. Ari Feinsmith communicated the need of adequate bicycle access on proposed crossings. Murali Srinivasan shared concerns about project costs and how it will be completed. Mark voiced concerns about the Mary Avenue project and the potential of increased traffic. Mike Johnson, Executive Director, Sunnyvale Downtown Association voiced support for bicycle and pedestrian access at the Sunnyvale Avenue crossing. Public Comment closed at 7:01 p.m. Adjourn Special Meeting Vice Mayor Cisneros adjourned the meeting at 7:03 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 March 22, 2022. Mayor Klein called the meeting to order at 7:03 p.m. via teleconference. ROLL CALL Present: 6 - Mayor Larry Klein Vice Mayor Alysa Cisneros Councilmember Glenn Hendricks Councilmember Russ Melton Councilmember Omar Din Councilmember Anthony (Tony) Spitaleri Absent: 1 - Councilmember Gustav Larsson City of Sunnyvale Page 3 City Council Meeting Minutes April 5, 2022 Mayor Klein, Vice Mayor Cisneros and Councilmembers Hendricks, Melton, Din and Spitaleri attended via teleconference. Councilmember Larsson joined the meeting at 9:00 p.m. CLOSED SESSION REPORT Vice Mayor Cisneros reported that Council met in Closed Session CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Tina Murphy, Director of Human Resources Employee organization: Public Safety Managers Association (PSMA); nothing to report. SPECIAL ORDER OF THE DAY C 22-0431 Fair Housing Month Mayor Klein read a proclamation in honor of Fair Housing Month. Carol Conn, Executive Director, Project Sentinel spoke to the proclamation. D 22-0432 Library Week Mayor Klein read a proclamation in honor of Library Week. E 22-0433 Earth Month Mayor Klein read a proclamation in honor of Earth Month. ORAL COMMUNICATIONS Councilmember Hendricks announced details for the current recruitment for various Boards and Commissions. Laura Tiscareno, Sunnyvale Urban Forestry Advocates (SUFA) promoted the planting of trees to grow the tree canopy of the city and announced details of an upcoming SUFA tree walk event. Linda Ellis, Captain, Sunnyvale Women’s Golf Club requested increased maintenance at the municipal golf course and to fill the vacant restaurant on the golf course property. Arjun Chopra spoke towards fire policy and shared fire prevention measures administered by other agencies in the Bay Area, including suggestions on how Sunnyvale can improve its Fire Code. City of Sunnyvale Page 4 City Council Meeting Minutes April 5, 2022 CONSENT CALENDAR MOTION: Vice Mayor Cisneros moved and Councilmember Melton seconded the motion to approve agenda items 1.A through 1.G. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Cisneros Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 Absent: 1 - Councilmember Larsson 1.A 22-0080 Approve City Council Meeting Minutes of March 1, 2022 Approve the City Council Meeting Minutes of March 1, 2022 as submitted. 1.B 22-0316 Approve City Council Meeting Minutes of March 7, 2022 (Moffett Park Specific Plan - Open Space Workshop) Approve the City Council Meeting Minutes of March 7, 2022 as submitted. 1.C 22-0347 Approve City Council Meeting Minutes of March 22, 2022 Approve the City Council Meeting Minutes of March 22, 2022 as submitted. 1.D 22-0039 Authorize City Manager to Execute Two Easement Deeds Granting Easements to Pacific Gas and Electric Company (PG&E) over Two City Owned Parcels, known as the Community Center (APN 211-24-042) and the Downtown Parking Lot at S. Frances Street and W. Evelyn Avenue (APN 209-06-073) for the Installation of Four Electric Vehicle Fast-Charging Stations Authorize the City Manager to execute two Easement Deeds granting easements to Pacific Gas and Electric Company (PG&E), in substantially the same form as Attachments 1 and 2 to the report, over two City owned parcels, known as the Community Center (APN 211-24-042) and the Downtown Parking Lot at S. Frances Street and W. Evelyn Avenue (APN 209-06-073) for the installation of four electric City of Sunnyvale Page 5 City Council Meeting Minutes April 5, 2022 vehicle fast-charging stations. 1.E 22-0297 Approve the Downtown Sunnyvale Business Improvement District (BID) Annual Report for Fiscal Year 2021/22 and Adopt Resolution of Intention to Levy and Collect an Annual Assessment To Reauthorize the BID for Fiscal Year 2022/23 Approve the Fiscal Year 2021/22 BID Annual Report, adopt the Resolution of Intention to Levy and Collect an Assessment and Reauthorize the Business Improvement District for Fiscal Year 2022/23, and schedule the public hearing for May 3, 2022. 1.F 22-0317 Approve Budget Modification No. 17 to Appropriate $1,900,000 of Coronavirus Response and Relief Supplemental Appropriations Act of 2021 Funds to Fund Sunnyvale Quick Build Bicycle, Pedestrian and Safe Routes to School Safety Improvements, and Find That the Action is Exempt From CEQA Approve Budget Modification No. 17 to appropriate $1,900,000 of Coronavirus Response and Relief Supplemental Appropriations Act of 2021 funds to fund Sunnyvale quick build bicycle, pedestrian and Safe Routes to School safety improvements, and find that the action is exempt from California Environmental Quality Act Guidelines Section 15301. 1.G 22-0345 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 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 COVID-19, as set forth in Resolution No. 1110-22 adopted on March 22, 2022 and incorporated herein by reference, are on-going; 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 City of Sunnyvale Page 6 City Council Meeting Minutes April 5, 2022 the ability of members of the City Council, Council Standing Committees, and City Boards and Commissions to meet safely in person. ADJOURNMENT TO REGULAR MEETING OF THE SUNNYVALE FINANCING AUTHORITY Mayor Klein adjourned the Council meeting to the Sunnyvale Financing Authority meeting at 7:31 p.m. 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 March 22, 2022. Authority Chair Klein called the Sunnyvale Financing Authority meeting to order at 7:31 p.m. via teleconference. Roll Call Present: 6 - Authority Chair Larry Klein Authority Vice Chair Alysa Cisneros Authority Member Glenn Hendricks Authority Member Russ Melton Authority Member Omar Din Authority Member Anthony “Tony” Spitaleri Absent: 1 - Authority Member Gustav Larsson Authority Chair Klein, Authority Vice Chair Cisneros and Authority Members Hendricks, Melton, Din, Spitaleri attended via teleconference. CONSENT CALENDAR MOTION: Authority Member Melton moved and Authority Vice Chair Cisneros seconded the motion to approve items 2.A. through 2.B. The motion carried with the following vote: Yes: 6 - Authority Chair Klein Authority Vice Chair Cisneros Authority Member Hendricks Authority Member Melton Authority Member Din City of Sunnyvale Page 7 City Council Meeting Minutes April 5, 2022 Authority Member Spitaleri No: 0 Absent: 1 - Authority Member Larsson 2.A 22-0362 Approve Sunnyvale Financing Authority Meeting Minutes of March 22, 2022 Approve Sunnyvale Financing Authority Meeting Minutes of March 22, 2022 as submitted. 2.B 22-0346 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 Sunnyvale City Council has found and determined that the state of emergency conditions related to COVID-19, as set forth in City of Sunnyvale Resolution No. 1110-22 adopted on March 22, 2022, and incorporated herein by reference, are on-going; 2. The Financing Authority 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 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 7:34 p.m. RECONVENE TO CITY COUNCIL MEETING Mayor Klein reconvened the City Council Meeting at 7:34 p.m. PUBLIC HEARINGS/GENERAL BUSINESS 3 22-0134 Consideration of Improving Traffic Operations at City of Sunnyvale Page 8 City Council Meeting Minutes April 5, 2022 Fremont/Bernardo/Hwy 85 (Study Issue) Transportation and Traffic Manager Dennis Ng provided the staff report and presentation. Public Hearing opened at 8:11 p.m. Stephen Meier shared his safety concerns as a bicyclist specifically at the Fremont/Bernardo/Hwy 85 intersection. He voiced support for “no right on red” signs, double right-turn lanes, and increased police presence at the intersection. Bryce Beagle voiced opposition to adding extra turn lanes in either direction and support for improved bicycle and pedestrian infrastructure that aligns with Vision Zero goals. Leia Mehlman communicated support for “no right on red” signs and for safety to be considered for any additional study issues. Public Hearing closed at 8:15 p.m. MOTION: Councilmember Melton moved and Vice Mayor Cisneros seconded the motion to approve Alternative 1: Direct Staff to not proceed with requesting delegation of operations and maintenance from Caltrans for the traffic signals along Fremont Avenue corridor between Bernardo Avenue and Belleville Way and to work with Caltrans to periodically optimize traffic signal timing and implementation. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Cisneros Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 Absent: 1 - Councilmember Larsson 4 22-0109 Consideration of Acquiring Control of Caltrans Traffic Signals on El Camino Real (Study Issue) Transportation and Traffic Manager Denis Ng provided the staff report and City of Sunnyvale Page 9 City Council Meeting Minutes April 5, 2022 presentation. Public Hearing opened at 8:50 p.m. Stephen Meier voiced support for the staff recommendation, but requests safety be emphasized for pedestrians and bicyclists. Public Hearing closed at 8:53 p.m. MOTION: Councilmember Melton moved and Councilmember Din seconded the motion to approve Alternative 1: Direct Staff to not proceed with requesting delegation of operations and maintenance from Caltrans for the fourteen traffic signals along El Camino Real between Bernardo Avenue and Helen Avenue and to periodically request and work with Caltrans to retime the traffic signals along El Camino Real. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Cisneros Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 Absent: 1 - Councilmember Larsson 5 22-0354 Introduce an Ordinance Approving and Adopting a Public Safety Military Equipment Use Policy Pursuant to California Assembly Bill No. 481 Councilmember Larsson joined the meeting at 9:00 p.m. Public Safety Captain, Hank Syu provided the staff report and presentation. Public Hearing opened at 9:31 p.m. No speakers. Public Hearing closed at 9:31 p.m. MOTION: Councilmember Spitaleri moved and Councilmember Din seconded the City of Sunnyvale Page 10 City Council Meeting Minutes April 5, 2022 motion to approve Alternative 1: Introduce an Ordinance approving and adopting a Public Safety Military Equipment Use Policy for the Department of Public Safety pursuant to California Assembly Bill No. 481 and find that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). City Clerk David Carnahan read the Ordinance title for the record. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS None. NON-AGENDA ITEMS & COMMENTS -Council Councilmember Melton sponsored a study issue to analyze the addition of a second southbound right turn lane at Bernardo Avenue and Fremont Avenue. Councilmember Spitaleri co-sponsored the study issue. Councilmember Melton clarified his previous request regarding the Civic Center Modernization Project Construction Contingency; he is seeking information regarding the funds already spent and remaining balance. In addition, he voiced requested upcoming board and commission meetings include agenda items regarding the El Camino Real Specific Plan. City Manager, Kent Steffens stated an update on the Civic Center Modernization Project Construction Contingency budget will be provided. He also confirmed the El Camino Real Specific Plan will be discussed at upcoming boards and commission meetings . City of Sunnyvale Page 11 City Council Meeting Minutes April 5, 2022 MOTION: Councilmember Din moved and Mayor Klein seconded the motion to add an information only report to the April 26th or May 3rd City Council agenda identifying what resources are needed, including a monetary figure, to conduct Study Issue CDD-22-07 Evaluate a Pilot Program for Universal Basic Income Including Potential Funding Sources. The motion carried by the following vote: Yes: 6 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Melton Councilmember Din Councilmember Spitaleri No: 1 - Councilmember Hendricks -City Manager City Manager, Kent Steffens reported the donation of surplus public safety equipment to Ukraine, in collaboration with the California League of Cities. INFORMATION ONLY REPORTS/ITEMS 22-0348 Tentative Council Meeting Agenda Calendar 22-0349 Board/Commission Meeting Minutes 22-0350 Information/Action Items 22-0447 Board/Commission Resignation (Information Only) 22-0451 Notice of Public Works Director’s Decision on Final Maps (Information Only) ADJOURNMENT Mayor Klein adjourned the meeting at 9:52 p.m. City of Sunnyvale Page 12