City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, September 27, 2022 5:30 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 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 Present: 7 - Mayor Larry Klein Vice Mayor Alysa Cisneros Councilmember Gustav Larsson Councilmember Glenn Hendricks Councilmember Russ Melton Councilmember Omar Din Councilmember Anthony (Tony) Spitaleri 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: City of Sunnyvale Page 1 City Council Meeting Minutes September 27, 2022 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 Present: 7 - Mayor Larry Klein Vice Mayor Alysa Cisneros Councilmember Gustav Larsson Councilmember Glenn Hendricks Councilmember Russ Melton Councilmember Omar Din Councilmember Anthony (Tony) Spitaleri 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 City of Sunnyvale Page 2 City Council Meeting Minutes September 27, 2022 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. City of Sunnyvale Page 3 City Council Meeting Minutes September 27, 2022 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: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri 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 City of Sunnyvale Page 4 City Council Meeting Minutes September 27, 2022 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 City of Sunnyvale Page 5 City Council Meeting Minutes September 27, 2022 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. City of Sunnyvale Page 6 City Council Meeting Minutes September 27, 2022 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 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. City of Sunnyvale Page 7 City Council Meeting Minutes September 27, 2022 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: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 2.A 22-0914 Approve Sunnyvale Financing Authority Meeting Minutes of City of Sunnyvale Page 8 City Council Meeting Minutes September 27, 2022 August 30, 2022 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. City of Sunnyvale Page 9 City Council Meeting Minutes September 27, 2022 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: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri 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 City of Sunnyvale Page 10 City Council Meeting Minutes September 27, 2022 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. City of Sunnyvale Page 11 City Council Meeting Minutes September 27, 2022 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. City of Sunnyvale Page 12 City Council Meeting Minutes September 27, 2022 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: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri 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. City of Sunnyvale Page 13 City Council Meeting Minutes September 27, 2022 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: 4 - Mayor Klein Vice Mayor Cisneros Councilmember Melton Councilmember Din No: 3 - Councilmember Larsson Councilmember Hendricks Councilmember Spitaleri The motion as amended carried with the following vote: City of Sunnyvale Page 14 City Council Meeting Minutes September 27, 2022 Yes: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri 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) City of Sunnyvale Page 15 City Council Meeting Minutes September 27, 2022 ADJOURNMENT Mayor Klein adjourned the meeting at 12:07 a.m. City of Sunnyvale Page 16