City of Sunnyvale

Meeting Minutes

City Council

Tuesday, February 7, 2023

7:00 PM

Online and Council Chambers, City Hall,

456 W. Olive Ave., Sunnyvale, CA 94086

(607 All America Way for map directions)

Regular Meeting - 7 PM | Regular Meeting: Sunnyvale Financing Authority - 7 PM (or

soon thereafter)

7 P.M. COUNCIL MEETING

CALL TO ORDER

Pursuant to Government Code Subdivision 54953(e), Councilmembers had the

opportunity to participate in the meeting telephonically; pursuant to state law, the

City Council made the necessary findings by adopting Resolution No. 1089-21,

reaffirmed on January 10, 2023.

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: 7 -

Mayor Larry Klein

Vice Mayor Omar Din

Councilmember Russ Melton

Councilmember Alysa Cisneros

Councilmember Richard Mehlinger

Councilmember Murali Srinivasan

Councilmember Linda Sell

Vice Mayor Din and Councilmember Srinivasan attended via teleconference.

SPECIAL ORDER OF THE DAY

23-0286

African American History Month

Mayor Klein spoke in honor of African American History Month.

Tshaka Campbell, Santa Clara County Poet Laureate, shared a poem in honor of

African American History Month.

ORAL COMMUNICATIONS

Councilmember Srinivasan announced details of the current recruitment for various

the Boards and Commissions and the upcoming EV Ride and Drive Webinar.

Margaret Lawson shared a presentation regarding the state of Fremont Avenue

near the Los Altos border and offered suggestions for improvements.

Liam Kroch spoke about the proposed dog park on the PG&E lot between Lois

Avenue and Ramona Avenue and how it would negatively impact access to open

space to recreation.

Eric Kroch communicated their opposition to the proposed dog park.

Angela Hickson, Sunnyvale for Equity and Education, spoke in support of the Study

Issue DPW 23 06 Evaluate Range of Options for Shuttle Service and Alternative

Transportation Options for Fremont and Homestead High School Students Who

Live in North Sunnyvale.

Sharlene Liu, Bike Sunnyvale, shared Bike Sunnyvale’s priority list of study issues

they support.

Deborah Goldeen communicated their concerns regarding pedestrian and bicycle

safety access to Cannery Park.

Eileen Le, Sunnyvale School District Board Member, spoke to the importance of

Study Issue DPW 23-06 and highlighted the importance of a new school within the

Moffett Park Specific Plan.

Stephen Meier shared information and concerns regarding an ongoing lawsuit

against the City of Sunnyvale and the Department of Public Safety.

Jonathan Blum communicated their support for Study Issues DPW 21 01 Bike

Lanes on Hollenbeck Avenue between El Camino Real and Homestead Road and

DPW 23 08 Define Metrics that the City Will Use to Evaluate the City's Progress

on Bicycle and Pedestrian Infrastructure for Future Reporting.

CONSENT CALENDAR

Public Comment opened at 7:38 p.m.

No speakers

Public Comment closed at 7:38 p.m.

MOTION: Councilmember Melton moved and Councilmember Cisneros seconded

the motion to approve agenda items 1.A through 1.F.

The motion carried with the following vote:

Yes: 7 -

Mayor Klein

Vice Mayor Din

Councilmember Melton

Councilmember Cisneros

Councilmember Mehlinger

Councilmember Srinivasan

Councilmember Sell

No: 0

1.A

23-0019

Approve the List(s) of Claims and Bills Approved for Payment

by the City Manager

Approve the list(s) of claims and bills.

1.B

23-0151

Award of Consultant Services Agreement to MNS Engineers,

Inc. for the Rehabilitation of the City’s Sanitary Sewer

Collection System (F23-037)

Take the following actions:

- Award a Consultant Services Agreement in substantially the same form as

Attachment 1 to the report in an amount not-to-exceed $619,304, to MNS

Engineers, Inc. of San Jose for design and construction support services for the

City's sanitary sewer collection system rehabilitation project;

- Approve a 10% a contingency in the amount of $61,930; and

- Authorize the City Manager to execute the contract when all necessary conditions

have been met.

1.C

23-0089

Award of Contract to Van Dyk Recycling Solutions for SMaRT

Station® Source Separated Organics Handling and

Processing System Upgrade (F22-156)

Take the following actions:

- Approve a Services Agreement in substantially the same form as Attachment 1 to

the report in an amount not to exceed $2,574,588 to Van Dyk Recycling Solutions

for the Source Separated Organics Handling and Processing System;

- Authorize the City Manager to Execute the Agreement when all conditions have

been met; and

- Approve a 4% contingency in an amount of $102,983.

1.D

23-0163

Reject All Bids Received for the Community Center

Renovations for the Department of Public Safety (PW23-09)

Reject all bids received in response to Invitation for Bids PW23-09 Community

Center Renovations for Department of Public Safety.

1.E

23-0205

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. 1162-22 adopted on December 13, 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

the ability of members of the City Council, Council Standing Committees, and City

Boards and Commissions to meet safely in person.

1.F

23-0094

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) and terminating the

Local Emergency on February 28, 2023, if the State COVID-19 Emergency

Declaration ends.

ADJOURNMENT TO REGULAR MEETING OF THE SUNNYVALE FINANCING

AUTHORITY

Mayor Klein adjourned the Council meeting to the Special Joint Meeting of the City

Council and Sunnyvale Financing Authority at 7:41 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), Board Members had the

opportunity to participate in the meeting telephonically; pursuant to state law,

Financing Authority made the necessary findings by adopting Resolution No.

1105-22FA, reaffirmed on January 10, 2023.

Chair Klein called the meeting to order at 7:41 p.m.

Roll Call

Present: 7 - Authority Chair Larry Klein

Authority Vice Chair Omar Din

Authority Member Russ Melton

Authority Member Alysa Cisneros

Authority Member Richard Mehlinger

Authority Member Murali Srinivasan

Authority Member Linda Sell

Authority Vice Chair Din and Authority Member Srinivasan attended via

teleconference.

Oral Communications

No speakers.

Consent Calendar

Public Comment opened at 7:42 p.m.

No speakers

Public Comment closed at 7:42 p.m.

MOTION: Authority Member Melton moved and Authority Vice Chair Din seconded

the motion to approve agendas item 2.A through 2.B.

The motion carried with the following vote:

Yes: 7 - Authority Chair Larry Klein

Authority Vice Chair Omar Din

Authority Member Russ Melton

Authority Member Alysa Cisneros

Authority Member Richard Mehlinger

Authority Member Murali Srinivasan

Authority Member Linda Sell

No: 0

2.A

23-0206

Approve Sunnyvale Financing Authority Meeting Minutes of

January 10, 2023

Approve the Sunnyvale Financing Authority Meeting Minutes of January 10, 2023 as

submitted.

2.B

23-0207

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 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 COVID-19, as set forth in City of Sunnyvale

Resolution No. 1162-22 adopted on December 13, 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

Chair Klein adjourned the meeting at 7:44 p.m.

RECONVENE TO CITY COUNCIL MEETING

Chair Klein reconvened the City Council meeting at 7:44 p.m.

PUBLIC HEARINGS/GENERAL BUSINESS

23-0144

Consider Permanent Closure of the 100 Block of South

Murphy Avenue (Study Issue), Adopt a Resolution of Intent to

Establish a Pedestrian Mall, Adopt a Resolution Directing the

City Manager to Temporarily Close the 100 Block of South

Murphy Avenue until December 31, 2023, through the

Issuance of a Special Event Permit, and Update Council Policy

1.1.10 (Use of the Public Sidewalk and Street of the 100 Block

of South Murphy Avenue)

Deputy City Manager Connie Verceles provided the staff report and presentation.

Public Hearing opened at 8:42 p.m.

Mike Johnson, Executive Director, Sunnyvale Downtown Association (SDA), spoke

on behalf of SDA in support of the permanent closure of the 100 block of South

Murphy Avenue and the staff recommendation.

Melinda Hamilton communicated support for adopting the resolutions to permanently

close the 100 block of South Murphy Ave.

Martin Pyne spoke in support of adopting the resolutions and discussed difficulties

pedestrians face when traveling to South Murphy Avenue.

Restaurant owner shared their supported for the resolutions to permanently close

the 100 block of South Murphy Avenue.

Bryce Beagle, spoke in support of the resolutions and provided suggestions to

better improve the street for the community.

Leia Mehlman communicated their support for adopting the resolutiosn to

permanently close the street to vehicular traffic.

Saurabh Dwivedi shared their support of the resolutions and suggested the City

keep the business owners and community informed of the costs to complete the

project.

Public Hearing closed at 8:56 p.m.

MOTION: Vice Mayor Din moved and Councilmember Cisneros seconded the

motion to approve Alternatives 1, 2, 3 and 4:

1) Adopt a Resolution of Intent to establish a pedestrian mall on the 100 Block of

South Murphy Avenue and set a Public Hearing for May 16, 2023;

2) Adopt a Resolution directing the City Manager to extend the closure of Murphy

Avenue until December 31, 2023, through the Issuance of a Special Event Permit in

accordance with Sunnyvale Municipal Code Chapter 9.45 and Vehicle Code Section

21101(e);

3) Direct staff to return with a project to re-grade existing parking bays on Murphy

Avenue (Option 3) and use funds from the City's Community Benefits Fund for the

Project; and

4) Update Council Policy 1.1.10 (Use of the Public Sidewalk and Street of the 100

Block of South Murphy Avenue).

The motion carried with the following vote:

Yes: 7 -

Mayor Klein

Vice Mayor Din

Councilmember Melton

Councilmember Cisneros

Councilmember Mehlinger

Councilmember Srinivasan

Councilmember Sell

No: 0

Council took a recess at 9:13 p.m. and reconvened at 9:20 p.m. with Mayor Klein

and Councilmembers Melton, Cisneros, Mehlinger and Sell present in the Council

Chambers and Vice Mayor Din and Councilmember Srinivasan present via

teleconference.

23-0001

Update on the Temporary Eastbound Tasman Lane Closure

and Consideration to Extend the Closure Duration

Transportation Manager Dennis Ng provided the staff report and presentation.

Public Hearing opened at 10:06 p.m.

Jason Feinsmith shared a presentation in support of extending the lane closure.

Elena Feinsmith spoke in support of extending the lane closure and to how the

community benefits from the closure.

Sharlene Liu, Bike Sunnyvale, provided a presentation supporting extending the

lane closure on Tasman Lane.

Leia Mehlman supports the extension of the lane closure and its importance to

bicycle and pedestrian safety in the area.

Michael Fagan communicated support for extending the lane closure.

Jonathan Blum shared their support for extending the lane closure.

Harfijah Oliver spoke in support for extending the lane closure.

Peri Baloun communicated how the surrounding community usage of the lane for

walking and biking and supports extending the closure.

Public Hearing closed at 10:28 p.m.

MOTION: Councilmember Mehlinger moved and Vice Mayor Din seconded the

motion to approve Alternative 2: Extend the duration of the temporary eastbound

Tasman Avenue lane closure until December 2024 and direct staff to include

$23,400 in the FY 2023/24 Recommended Budget while still subject to the

previously identified traffic volume, congestion and safety triggers.

The motion carried with the following vote:

Yes: 7 -

Mayor Klein

Vice Mayor Din

Councilmember Melton

Councilmember Cisneros

Councilmember Mehlinger

Councilmember Srinivasan

Councilmember Sell

No: 0

23-0259

Introduce an Ordinance to Amend Chapter 19.36 of Title 19 of

the Sunnyvale Municipal Code to Modify Table 19.36.060B

Permitted, Conditionally Permitted, and Prohibited Uses in El

Camino Real Specific Plan (ECRSP) Zoning Districts to

Conditionally Permit Auto Sales or Rental in ECR-MU Zoning

Districts and Find That this Action is Within the Scope of the

Program EIR for the El Camino Real Specific Plan Pursuant to

CEQA Guidelines Section 15168 (Planning File #2022-7790)

Mayor Klein recused himself from this item due to a conflict of interest – owning real

property within 500 feet of the El Camino Real Specific Plan area, and left the

meeting at 10:55 p.m.

Deputy City Manager Connie Verceles recused herself from this item due to a

conflict of interest – for owning real property within 500 feet of the El Camino Real

Specific Plan area, and left the meeting at 10:55 p.m.

Community Development Director Trudy Ryan provided the staff report and

presentation.

Public Hearing opened at 11:06 p.m.

No speakers.

Public Hearing closed at 11:07 p.m.

MOTION: Councilmember Cisneros moved and Vice Mayor Din seconded the

motion to approve Alternative 1: Introduce an Ordinance (Attachment 2 to the report)

to amend Chapter 19.36 of Title 19 of the Sunnyvale

Municipal Code to modify

Table 19.36.060B Permitted, Conditionally Permitted, and Prohibited Uses in El

Camino Real Specific Plan (ECRSP) Districts to conditionally permit Auto sales or

rental in ECR-MU zoning districts and find that this action is within the scope of the

program EIR for the ECRSP pursuant to California Environmental Quality Act

Guidelines Section 15168.

The motion carried with the following vote:

Yes: 6 -

Vice Mayor Din

Councilmember Melton

Councilmember Cisneros

Councilmember Mehlinger

Councilmember Srinivasan

Councilmember Sell

No: 0

Recused: 1 - Mayor Klein

COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL

COMMITTEE ASSIGNMENTS

Mayor Klein returned to the meeting at 11:14 p.m.

Councilmember Srinivasan announced he attended the New Mayors and

Councilmembers Academy hosted by the League of California Cities.

Councilmember Sell announced she also attended the New Mayors and

Councilmembers Academy.

Mayor Klein reported on his attendance at the US Conference of Mayors in

Washington, D.C.

Vice Mayor Din reported on latest Valley Transportation Authority Board meeting.