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City Council

Regular Meeting

Sunnyvale, CA · May 23, 2023

AgendaMinutes

Minutes

City of Sunnyvale Meeting Minutes City Council Tuesday, May 23, 2023 7:00 PM Online and Bay Conference Room (Room 145), City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Regular Meeting - 7 PM 7 P.M. COUNCIL MEETING CALL TO ORDER Mayor Klein called the meeting to order at 7:00 p.m. SALUTE TO THE FLAG Mayor Klein led the salute to the United States flag. ROLL CALL Present: 5 - Mayor Larry Klein Councilmember Alysa Cisneros Councilmember Richard Mehlinger Councilmember Murali Srinivasan Councilmember Linda Sell Absent: 2 - Vice Mayor Omar Din Councilmember Russ Melton SPECIAL ORDER OF THE DAY A 23-0074 Ceremonial Oath of Office for Board and Commission Members City Clerk David Carnahan administered the Oath of Office to appointed Board and Commission Members. ORAL COMMUNICATIONS Councilmember Cisneros announced a Sustainability Speaker Series webinar event, LGBTQ+ Pride Month events, and details of the Sunnyvale Community Awards nominations process. City of Sunnyvale Page 1 City Council Meeting Minutes May 23, 2023 Tara Martin-Milius provided comments regarding City Council’s work during the Budget Workshop and the creation of the Human Relations Commission. Matthew Tinsley, Director of Strong Start, Santa Clara Office of Education, spoke to the importance of early learning programs for children and how cities can best facilitate such programs. CONSENT CALENDAR Public Comment opened at 7:13 p.m. Sharlene Liu requested to speak on item 1.C. Public Comment closed at 7:13 p.m. MOTION: Councilmember Cisneros moved and Councilmember Mehlinger seconded the motion to approve agenda items 1.A, 1.B and 1.D. FRIENDLY AMENDMENT: Councilmember Mehlinger offered a friendly amendment to correct the spelling of Martin Pyne and John Kehoe in the April 25, 2023 City Council Meeting Minutes (agenda item 1.A). Councilmember Cisneros accepted the friendly amendment. The motion as amended carried with the following vote: Yes: 5 - Mayor Klein Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 Absent: 2 - Vice Mayor Din Councilmember Melton 1.A 23-0245 Approve City Council Meeting Minutes of April 25, 2023 Approve the City Council Meeting Minutes of April 25, 2023 as amended. 1.B 23-0578 Authorize the Purchase of Four Engines from Golden State Fire Apparatus (F23-155) Take the following actions: City of Sunnyvale Page 2 City Council Meeting Minutes May 23, 2023 - Authorize the City Manager to issue a Purchase Agreement in the amount of $4,010,233.32, including an estimated amount of $334,618.24 in sales tax to Golden State Fire Apparatus, in substantially the same form as Attachment 1, Option B; and - Approve a 4% contingency in the amount of $160,409.33. 1.C 23-0625 Adopt Ordinance No. 3214-23 to Add Chapter 10.66 (PEDESTRIAN MALL ON SOUTH MURPHY AVENUE) to Title 10 (VEHICLES AND TRAFFIC) of the Sunnyvale Municipal Code Establishing a Pedestrian Mall on South Murphy Avenue and to Amend Various Sections of Chapter 10.56 (BICYCLES) of the Sunnyvale Municipal Code Related to Bicycles on Pedestrian Malls Public Comment opened at 7:16 p.m. Sharlene Liu communicated their opposition to adopting an ordinance restricting bicycles on pedestrian malls. Public Comment closed at 7:19 p.m. MOTION: Councilmember Mehlinger moved and Councilmember Cisneros seconded the motion to adopt Ordinance No. 3214-23 23 to add Chapter 10.66 (PEDESTRIAN MALL ON SOUTH MURPHY AVENUE) to Title 10 (VEHICLES AND TRAFFIC) of the Sunnyvale Municipal Code establishing a pedestrian mall on South Murphy Avenue and to amend various Sections of Chapter 10.56 (BICYCLES) of the Sunnyvale Municipal Code related to bicycles on Pedestrian Malls. The motion carried with the following vote: Yes: 5 - Mayor Klein Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 Absent: 2 - Vice Mayor Din Councilmember Melton 1.D 23-0626 Adopt Ordinance No. 3215-23 to Add Chapter 19.71 City of Sunnyvale Page 3 City Council Meeting Minutes May 23, 2023 (RESIDENTIAL TENANT PROTECTIONS PROGRAMS) to Title 19 (ZONING) of the Sunnyvale Municipal Code Relating to Tenant Protections and Right to Lease Adopt Ordinance No. 3215-23 to add Chapter 19.71 (Residential Tenant Protections Programs) to Title 19 (Zoning) of the Sunnyvale Municipal Code relating to tenant protections and right to lease. PUBLIC HEARINGS/GENERAL BUSINESS 2 23-0031 Selection of the Preferred Alignment of the Bernardo Avenue Undercrossing Project to be Defined as the Proposed Project for the Project for Environmental Review Transportation & Traffic Manager Dennis Ng provided the staff report and presentation. Public Hearing opened at 8:08 p.m. Sharlene Liu, Bike Sunnyvale, spoke on behalf of Bike Sunnyvale regarding their recommendations and comments on the undercrossing project. Public Hearing closed at 8:10 p.m. MOTION: Councilmember Mehlinger moved and Councilmember Sell seconded the motion to approve Alternative 1: Selection of the Eastern Alignment as the Preferred Alignment of the Bernardo Avenue Undercrossing Project. The motion carried with the following vote: Yes: 5 - Mayor Klein Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 Absent: 2 - Vice Mayor Din Councilmember Melton 3 23-0067 Accept the Findings of the Poplar Avenue Sidewalk Study (DPW 21-04), Approval of Installation of a 6-foot Wide City of Sunnyvale Page 4 City Council Meeting Minutes May 23, 2023 Sidewalk and 4-foot Wide Park Strip Along the East Side of Poplar Avenue Between El Camino Real and Peterson Middle School, and Approval of Installation of a Minimum 6-foot Wide Sidewalk on the North and South Sides of Bryant Way East of Poplar Avenue Assistant Director of Public Works Jennifer Ng provided the staff report and presentation. Public Hearing opened at 8:51 p.m. Mark Schiel, Deputy Superintendent of Operations/Chief Business Official, Santa Clara Unified School District, communicated support for Alternative 1 and to how these new sidewalks will improve student safety. Vickie Fairchild spoke to the importance of building a sidewalk at Poplar Avenue for student safety and how this should be City Council’s only consideration for this agenda item. Bryce Beagle provided a presentation supporting the approval of Alternative 1 and offered further options to consider for future similar projects. Angela Quizon spoke in support of approving Alternative 1 to build a sidewalk on Poplar Avenue and for further bicycle safety measures to be taken. Sharlene Liu communicated their support for approving Alternative 1 and noted additional bicycle and pedestrian projects to be considered in the area. Saundra Mason spoke in support for approving any of the outlined sidewalk installation projects on Poplar Avenue. Aida Sued shared their support for approving Alternative 1. Public Hearing closed at 9:19 p.m. MOTION: Councilmember Mehlinger moved and Councilmember Cisneros seconded the motion to approve Alternative 1: Accept the findings of the Poplar Avenue Sidewalk Study (DPW 21-04), approval of installation a 6-foot wide sidewalk and 4-foot wide park strip along the east side of Poplar Avenue, between El Camino Real and Peterson Middle School, and approval of installation of a City of Sunnyvale Page 5 City Council Meeting Minutes May 23, 2023 minimum 6-foot wide sidewalk on the north and south sides of Bryant Way east of Poplar Avenue. The motion carried with the following vote: Yes: 5 - Mayor Klein Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 Absent: 2 - Vice Mayor Din Councilmember Melton COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Mayor Klein announced he was appointed to the executive board at Silicon Valley Clean Energy and that Councilmembers were sent invitations to attend the June City Association of Santa Clara County membership meeting. NON-AGENDA ITEMS & COMMENTS -Council Councilmember Mehlinger sponsored a study issue to examine improving Fair Oaks from Java Drive to El Camino Real through a Complete Streets Redesign of Fair Oaks. Mayor Klein and Councilmembers Cisneros, Srinivasan and Sell co-sponsored the study issue. Councilmember Mehlinger sponsored a study issue to examine amending the portion of the Peery Park Specific Plan located East of Mathilda to target mixed-use housing and retail. Mayor Klein and Councilmembers Cisneros, Srinivasan and Sell co-sponsored the study issue. Mayor Klein reported Vice President Kamala Harris' visit to Sunnyvale. -City Manager None. INFORMATION ONLY REPORTS/ITEMS 23-0415 Tentative Council Meeting Agenda Calendar City of Sunnyvale Page 6 City Council Meeting Minutes May 23, 2023 23-0416 Board/Commission Meeting Minutes 23-0417 Information/Action Items 23-0160 Council Advocacy Letters ADJOURNMENT Mayor Klein adjourned the meeting at 9:50 p.m. City of Sunnyvale Page 7

Agenda

City of Sunnyvale Notice and Agenda City Council Tuesday, May 23, 2023 7:00 PM Online and Bay Conference Room (Room 145), City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Regular Meeting - 7 PM Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/96111580540 Public Participation • In-person participation: You may provide public comment by filling out a speaker card (optional) and giving it to the City Clerk. • Online participation: You may provide audio public comment by connecting to the 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 (*9 to request to speak | *6 to unmute/mute) • Watch the City Council meeting at http://youtube.com/SunnyvaleMeetings or on television over Comcast Channel 15, AT&T Channel 99 • Submit written comments to the City Council no later than 4 hours prior to the meeting start to council@sunnyvale.ca.gov or by mail to: City Clerk, 456 W. Olive Ave., Sunnyvale, CA 94086 • Review recordings of this meeting and past meetings at https://sunnyvaleca.legistar.com/calendar.aspx or http://youtube.com/SunnyvaleMeetings Accessibility/Americans with Disabilities Act (ADA) Notice Pursuant to the Americans with Disabilities Act (ADA), if you need special assistance to provide public comment, or for other special assistance; please City of Sunnyvale Page 1 Printed on 5/18/2023 City Council Notice and Agenda May 23, 2023 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)). 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 in the Bay Conference Room (Room 145) SALUTE TO THE FLAG ROLL CALL SPECIAL ORDER OF THE DAY A 23-0074 Ceremonial Oath of Office for Board and Commission Members 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. City of Sunnyvale Page 2 Printed on 5/18/2023 City Council Notice and Agenda May 23, 2023 1.A 23-0245 Approve City Council Meeting Minutes of April 25, 2023 Recommendation: Approve the City Council Meeting Minutes of April 25, 2023 as submitted. 1.B 23-0578 Authorize the Purchase of Four Engines from Golden State Fire Apparatus (F23-155) Recommendation: Take the following actions: - Authorize the City Manager to issue a Purchase Agreement in the amount of $4,010,233.32, including an estimated amount of $334,618.24 in sales tax to Golden State Fire Apparatus, in substantially the same form as Attachment 1, Option B; and - Approve a 4% contingency in the amount of $160,409.33. 1.C 23-0625 Adopt Ordinance No. 3214-23 to Add Chapter 10.66 (PEDESTRIAN MALL ON SOUTH MURPHY AVENUE) to Title 10 (VEHICLES AND TRAFFIC) of the Sunnyvale Municipal Code Establishing a Pedestrian Mall on South Murphy Avenue and to Amend Various Sections of Chapter 10.56 (BICYCLES) of the Sunnyvale Municipal Code Related to Bicycles on Pedestrian Malls Recommendation: Adopt Ordinance No. 3214-23 23 to Add Chapter 10.66 (PEDESTRIAN MALL ON SOUTH MURPHY AVENUE) to Title 10 (VEHICLES AND TRAFFIC) of the Sunnyvale Municipal Code establishing a pedestrian mall on South Murphy Avenue and to Amend various Sections of Chapter 10.56 (BICYCLES) of the Sunnyvale Municipal Code Related to Bicycles on Pedestrian Malls. 1.D 23-0626 Adopt Ordinance No. 3215-23 to Add Chapter 19.71 (RESIDENTIAL TENANT PROTECTIONS PROGRAMS) to Title 19 (ZONING) of the Sunnyvale Municipal Code Relating to Tenant Protections and Right to Lease Recommendation: Adopt Ordinance No. 3215-23 to Add Chapter 19.71 (RESIDENTIAL TENANT PROTECTIONS PROGRAMS) to Title 19 (ZONING) of the Sunnyvale Municipal Code relating to Tenant Protections and Right to Lease PUBLIC HEARINGS/GENERAL BUSINESS City of Sunnyvale Page 3 Printed on 5/18/2023 City Council Notice and Agenda May 23, 2023 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 23-0031 Selection of the Preferred Alignment of the Bernardo Avenue Undercrossing Project to be Defined as the Proposed Project for the Project for Environmental Review Recommendation: Alternative 1: Selection of the Eastern Alignment as the Preferred Alignment of the Bernardo Avenue Undercrossing Project. 3 23-0067 Accept the Findings of the Poplar Avenue Sidewalk Study (DPW 21-04), Approval of Installation of a 6-foot Wide Sidewalk and 4-foot Wide Park Strip Along the East Side of Poplar Avenue Between El Camino Real and Peterson Middle School, and Approval of Installation of a Minimum 6-foot Wide Sidewalk on the North and South Sides of Bryant Way East of Poplar Avenue Recommendation: Alternative 1: Accept the findings of the Poplar Avenue Sidewalk Study (DPW 21-04), approval of installation of Concept A: 6-foot wide sidewalk and 4-foot wide park strip along the east side of Poplar Avenue, between El Camino Real and Peterson Middle School, and install a minimum 6-foot wide sidewalk on the north and south sides of Bryant Way east of Poplar Avenue. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS 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. City of Sunnyvale Page 4 Printed on 5/18/2023 City Council Notice and Agenda May 23, 2023 23-0415 Tentative Council Meeting Agenda Calendar 23-0416 Board/Commission Meeting Minutes 23-0417 Information/Action Items 23-0160 Council Advocacy Letters 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 at the NOVA Workforce Services reception desk located on the first floor of City Hall at 456 W. Olive Avenue, during normal business hours, 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 on the fourth floor of City Hall at 456 W. Olive Avenue, during normal business hours and in the Bay Conference Room (Room 145) 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 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 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, City of Sunnyvale Page 5 Printed on 5/18/2023 City Council Notice and Agenda May 23, 2023 please provide 12 copies of the materials to the Office of the City Clerk. The City Clerk will distribute your items to the Council. Upcoming Meetings Visit https://sunnyvaleca.legistar.com for upcoming Council, board and commission meeting information. City of Sunnyvale Page 6 Printed on 5/18/2023

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