City Council

City of Sunnyvale Notice and Agenda City Council Tuesday, April 7, 2020 6:15 PM Telepresence Meeting: City Web Stream and KMVT Channel 15 Special Meeting: Closed Session - 6:15 PM | Regular Meeting - 7 PM SPECIAL TELECONFERENCE NOTICE Because of the COVID-19 emergency and the “shelter in place” orders issued by Santa Clara County and the State of California, the meeting of the Sunnyvale City Council on April 7, 2020, will take place by teleconference, as allowed by Governor Gavin Newsom’s Executive Order N-29-20. Members of the public can watch the City Council meeting at sunnyvaleca.legistar.com/calendar.aspx or on television on KMVT Channel 15 (closed sessions will not be broadcast). Members of the public can send written comments to the City Council up to 4 hours prior to the meeting by emailing council@sunnyvale.ca.gov. These emails will be provided to the members of the City Council and will become part of the official record of the meeting. Comments can also be mailed to the City Clerk, 603 All America Way, Sunnyvale, CA 94086-3707. Members of the public who wish to verbally address the City Council during the meeting should email those comments to cityclerk@sunnyvale.ca.gov. Comments must be received before the Chair announces that the time for public comment is closed. The City Clerk will read the first three minutes of each email into the public record. IMPORTANT: Identify the Agenda Item Number or Oral Communications in the subject line of your email. Example: Public Comment for Agenda Item Number 20-0439. Pursuant to the Americans with Disabilities Act (ADA) and Executive Order N-29-20, if you need special assistance to provide public comment in this meeting, please contact the Office of the City Clerk at least 2 hours prior to the meeting in order for the City to make reasonable alternative arrangements for you to City of Sunnyvale Page 1 Printed on 4/2/2020 City Council Notice and Agenda April 7, 2020 communicate your comments. If you need special assistance in this meeting for purposes other than providing public comment, please contact the Office of the City Clerk 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)). 6:15 P.M. SPECIAL COUNCIL MEETING (Closed Session) 1 Call to Order Call to Order via teleconference. 2 Roll Call 3 Public Comment The public may provide comments regarding the Closed Session item(s). If you wish to address the Council, please refer to the Special Teleconference Notice at the beginning of this agenda. Closed Sessions are not open to the public. 4 Convene to Closed Session 20-0459 Closed Session held pursuant to California Government Code Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 1178 Sonora Court, Sunnyvale, CA City negotiators: City Manager Kent Steffens; Director of Community Development Trudi Ryan; City Property Administrator Sherine Nafie. Negotiating parties: MidPen Housing Corporation. Under negotiation: Price and terms of payment 20-0216 CONFERENCE WITH LEGAL COUNSEL-INITIATION OF LITIGATION Closed Session held pursuant to California Government Code Section 54956.9(d)(4): to determine whether or not to initiate an action for declaratory relief against Travelers Indemnity Company to determine the scope of the insurer’s duties to defend the City in the pending litigation, Naraghi v. Redgwick Construction et al. (Case No. 18-CV-337949) 5 Adjourn Special Meeting City of Sunnyvale Page 2 Printed on 4/2/2020 City Council Notice and Agenda April 7, 2020 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 via teleconference. ROLL CALL CLOSED SESSION REPORT SPECIAL ORDERS OF THE DAY 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 Special Teleconference 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 Special Teleconference Notice at the beginning of this agenda. 1.A 20-0308 Approve City Council Meeting Minutes of March 31, 2020 Recommendation: Approve the City Council Meeting Minutes of March 31, 2020 as submitted. 1.B 20-0072 Approve the List(s) of Claims and Bills Approved for Payment City of Sunnyvale Page 3 Printed on 4/2/2020 City Council Notice and Agenda April 7, 2020 by the City Manager Recommendation: Approve the list(s) of claims and bills. 1.C 20-0369 Termination of Management Agreement with KSM Sunnyvale, LLC for operation of Barrel 19 facilities at the Sunnyvale Golf Course Recommendation: Authorize the City Manager to execute the Termination of Management Agreement with KSM Sunnyvale, LLC for Barrel 19 facilities at the Sunnyvale Golf Course. 1.D 20-0457 Adopt Ordinance No. 3158-20 Enacting a Moratorium on Evictions for Nonpayment Of Rent By Residential Tenants Impacted By The Covid-19 Pandemic Recommendation: Adopt Ordinance No. 3158-20 Enacting a Moratorium on Evictions for Nonpayment Of Rent By Residential Tenants Impacted By The Covid-19 Pandemic STUDY SESSION 20-0429 Transition from Level of Service (LOS) to Vehicle Miles Traveled (VMT) PUBLIC HEARINGS/GENERAL BUSINESS If you wish to speak to a public hearing/general business item, please refer to the Special Teleconference 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 20-0426 Adopt a Resolution Extending the City’s Declaration of Local Emergency for COVID-19 Recommendation: Alternative 1: Adopt a Resolution Extending the City Manager/Director of Emergency Services' Proclamation of Existence of a Local Emergency (COVID-19). 3 20-0450 Consider Directing Staff to Defer Utility Rate Adjustments for Water and Solid Waste and Recycling Utilities for one Fiscal Year in Response to the COVID-19 Emergency, and Adopt a Resolution Authorizing the City Manager to Suspend Late Charges and Delinquency Processing Fees for Water, Sewer, City of Sunnyvale Page 4 Printed on 4/2/2020 City Council Notice and Agenda April 7, 2020 and Garbage Collection Services and Extend the Suspension of the Interruption of Water Service, until June 30, 2020. Recommendation: Staff recommends Alternatives 1 and 2: (1) Direct Staff to Defer Utility Rate Adjustments for Water and Solid Waste and Recycling Utilities for one Fiscal Year and (2) Adopt a Resolution Authorizing the City Manager to Suspend Late Charges and Delinquency Processing Fees for Water, Sewer, and Garbage Collection Services, and Extend the Suspension of the Interruption of Water Service, until June 30, 2020. 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. 20-0423 Information/Action Items 20-0348 Study Issue Presentation Dates for Recommended Studies in 2020 (Information Only) 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 in the Office of the City Manager located at 456 W. Olive Ave., 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 Manager located at 456 W. Olive Ave. during normal business hours and in the Council Chamber on the evening of the Council Meeting, pursuant to Government Code §54957.5. Please contact the City of Sunnyvale Page 5 Printed on 4/2/2020 City Council Notice and Agenda April 7, 2020 Office of the City Manager at (408) 730-7480 to access City Hall to view these materials and 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, please provide 12 copies of the materials to the Office of the City Manager. The City Clerk will distribute your items to the Council following the meeting. Upcoming Meetings Visit https://sunnyvaleca.legistar.com for upcoming Council, board and commission meeting information. City of Sunnyvale Page 6 Printed on 4/2/2020