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

22-0889

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: Service Employees International Union

(SEIU)

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

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

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.

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.

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

Approve the City Council Meeting Minutes of September 13, 2022 as submitted.

22-0709

Approve City Council Meeting Minutes of September 13, 2022

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

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

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.

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.

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

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

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.

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

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

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.

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.

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

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.

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:

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.

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