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City Council

Regular Meeting

Sunnyvale, CA · May 5, 2020

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Minutes

City of Sunnyvale Meeting Minutes City Council Tuesday, May 5, 2020 6:30 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Closed Session - 6:30 PM | Regular Meeting - 7 PM SPECIAL TELECONFERENCE NOTICE 6:30 P.M. SPECIAL COUNCIL MEETING (Closed Session) 1 Call to Order Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, the meeting was conducted telephonically. Mayor Klein called the meeting to order at 6:30 p.m. via teleconference. 2 Roll Call Present: 7 - Mayor Larry Klein Vice Mayor Nancy Smith Councilmember Gustav Larsson Councilmember Glenn Hendricks Councilmember Russ Melton Councilmember Michael S. Goldman Councilmember Mason Fong Mayor Klein, Vice Mayor Smith and all Councilmembers attended via teleconference. 3 Public Comment Public Comment opened at 6:31 p.m. None. Public Comment closed at 6:31 p.m. 4 Convene to Closed Session 20-0427 CONFERENCE WITH LEGAL COUNSEL-SETTLEMENT OF City of Sunnyvale Page 1 City Council Meeting Minutes May 5, 2020 WORKER’S COMPENSATION CLAIM Closed Session held pursuant to California Government Code Section 54956.95(b): Claimant: Bart Carrigan City of Sunnyvale Claim No. SYVX-227845 20-0428 CONFERENCE WITH LEGAL COUNSEL-PENDING LITIGATION Closed Session held pursuant to California Government Code Section 54956.9 (d)(1). Name of Case: Ronald D’Alba v. City of Sunnyvale (Workers Compensation Appeal Board Case Nos. AB ADJ7427931 and ADJ4363668) 20-0502 CONFERENCE WITH LEGAL COUNSEL-PENDING LITIGATION Closed Session held pursuant to California Government Code Section 54956.9 (d)(1). Name of Case: Mark Gay v. City of Sunnyvale (Workers Compensation Appeal Board Case Nos. ADJ8938008, ADJ8963105, ADJ8938006, and ADJ9254230) 5 Adjourn Special Meeting Mayor Klein adjourned the meeting at 6:57 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, the meeting was conducted telephonically. Mayor Klein called the meeting to order at 7:01 p.m. via teleconference. ROLL CALL Present: 7 - Mayor Larry Klein Vice Mayor Nancy Smith Councilmember Gustav Larsson Councilmember Glenn Hendricks Councilmember Russ Melton Councilmember Michael S. Goldman Councilmember Mason Fong City of Sunnyvale Page 2 City Council Meeting Minutes May 5, 2020 Mayor Klein, Vice Mayor Smith and all Councilmembers attended via teleconference. CLOSED SESSION REPORT Vice Mayor Smith reported that Council met in Closed Session held pursuant to California Government Code Section 54956.95(b): CONFERENCE WITH LEGAL COUNSEL SETTLEMENT OF WORKER’S COMPENSATION CLAIM Claimant: Bart Carrigan, City of Sunnyvale Claim No. SYVX 227845; nothing to report. Vice Mayor Smith reported that Council met in Closed Session held pursuant to California Government Code Section 54956.9 (d)(1): CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION: Name of Case: Ronald D’Alba v. City of Sunnyvale (Workers Compensation Appeal Board Case Nos. AB ADJ7427931 and ADJ4363668); nothing to report. Vice Mayor Smith reported that Council met in Closed Session held pursuant to California Government Code Section 54956.9 (d)(1): CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION: Name of Case: Mark Gay v. City of Sunnyvale (Workers Compensation Appeal Board Case Nos. ADJ8938008, ADJ8963105, ADJ8938006, and ADJ9254230); nothing to report. SPECIAL ORDER OF THE DAY 20-0383 SPECIAL ORDER OF THE DAY - Affordable Housing Month Mayor Klein read a proclamation in honor of Affordable Housing Month. City Clerk David Carnahan read the following comments receive via email: Kriti Garg, Policy and Outreach Associate, SV@Home announced upcoming online Affordable Housing Month events. 20-0385 SPECIAL ORDER OF THE DAY - Municipal Clerks Week Mayor Klein read a proclamation in honor of Municipal Clerks Week. ORAL COMMUNICATIONS None. City of Sunnyvale Page 3 City Council Meeting Minutes May 5, 2020 CONSENT CALENDAR Vice Mayor Smith moved and Councilmember Larsson seconded the motion to approve agenda items 1.A through 1.H. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Smith Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Goldman Councilmember Fong No: 0 1.A 20-0473 Approve City Council Meeting Minutes of April 28, 2020 Approve the City Council Meeting Minutes of April 28, 2020 as submitted. 1.B 20-0374 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Approve the list(s) of claims and bills. 1.C 20-0305 Approve Budget Modification No. 28 to Appropriate $19,376 of Santa Clara County EMS Agency Grant Funds to Existing Project 830660 - EMS Patient Care Data System Approve Budget Modification No. 7 to appropriate $19,376 of Santa Clara County EMS Agency Grant Funds to existing Project 830660 - EMS Patient Care Data System. 1.D 20-0438 Award of Contract to Kimley Horn & Associates, Inc. for Design Services for the Advanced Dilemma Zone Phase II Project (F20-042) Take the following actions: - Award a Consultant Services Agreement in substantially the same form as Attachment 1 to the report in the amount not-to-exceed $164,634.30 to Kimley Horn & Associates, Inc.; - Authorize the City Manager to execute the contract when all necessary conditions have been met; and City of Sunnyvale Page 4 City Council Meeting Minutes May 5, 2020 - Approve a 10% contingency in the amount of $16,463. 1.E 20-0451 Award of Contract to SSA Landscape Architects, Inc. for Design Services for the Playground Equipment Replacement Project (F19-237) Take the following actions: - Award a Consultant Services Agreement in substantially the same form as Attachment 1 to the report in the not-to-exceed contract amount of $342,281 to SSA Landscape Architects, Inc.; - Authorize the City Manager to execute the contract when all necessary conditions have been met; and - Approve a 10% contingency in the amount of $34,228. 1.F 20-0445 Authorize Amending an Existing Contract with HF&H Consultants, LLC, for Consultant Assistance with Negotiation for Selection of Solid Waste and Recycling Collection Franchisee Services (F20-158) Take the following actions: - Authorize the City Manager to execute the First Amendment to an existing contract with HF&H Consultants, LLC, in substantially the same format as Attachment 1 to the report, increasing the not-to-exceed contract amount by $99,790 for a new not-to-exceed contract amount of $239,510; and - Approve a 15% contingency of the new scope of work in the amount of $14,969. 1.G 20-0462 Adopt a Resolution for Approval of California Office of Emergency Services (Cal OES) Form 130, Designation of Applicant’s Agent Resolution, in Support of City Disaster Recovery for Disaster-Related Expenditures Adopt a Resolution for approval of California Office of Emergency Services (Cal OES) Form 130, Designation of Applicant’s Agent Resolution, in support of City disaster recovery for disaster-related expenditures. 1.H 20-0478 Adopt a Resolution Approving an Extension Up to Six Months to the Home Loan Purchase Program for the Director of Environmental Services Due to the COVID-19 Emergency Adopt a Resolution approving an extension up to six months to the Home Loan Purchase Program for the Director of Environmental Services due to the COVID-19 Emergency. City of Sunnyvale Page 5 City Council Meeting Minutes May 5, 2020 PUBLIC HEARINGS/GENERAL BUSINESS 2 20-0112 Approve the Elimination of Fines on Overdue Library Materials (Study Issue LCS 19-02) Department of Library and Community Services Director Cherise Brandell provided the staff report and presentation. Public Hearing opened at 7:36 p.m. City Clerk David Carnahan read the following public comments received via email: Daniel Bremond, Board of Library Trustee Member shared that the Board unanimously supported alternatives 1, 2, 3 and 4. Speaking on his behalf, he communicated changing the effective date for alternatives 1 and 2 to be immediate instead of July 1, 2020 due to the current situation. Public Hearing closed at 7:37 p.m. Councilmember Fong moved and Councilmember Melton seconded the motion to approve Alternatives 1, 2, 3, and 4: 1. Approve a “Fresh Start” amnesty program to remove past fine debt with immediate implementation; 2. Amend the City’s fee schedule to eliminate fines for all overdue library materials, effective immediately; 3. Revise Section B.5 of Council Policy 7.1.1, adding Subsection B.5.9 to include authority for the Director of Library and Community Services to waive Library fees and renumbering the remaining subsections (Attachment 3); and 4. Direct staff to provide the Board of Library Trustees and Council with a report evaluating the impact of these changes by October 2021. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Smith Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Goldman Councilmember Fong City of Sunnyvale Page 6 City Council Meeting Minutes May 5, 2020 No: 0 3 20-0434 Introduce an Ordinance to Amend Title 10 (Vehicles and Traffic); Sections 10.04.090 (General), 10.16.020 (Parking Regulations), 10.36.065 (Loading and Special Zones), and 10.56.140 (Bicycles) of the Sunnyvale Municipal Code for Clarification and Cleanup Captain Hank Syu provided the staff report. Public Hearing opened at 7:57 p.m. City Clerk David Carnahan read the following public comments received via email: Richard Mehlinger voiced concern with Council considering proposed changes to the ordinance without review by the BPAC. He requested Council defer consideration of the item and to direct staff to schedule a review of the revised ordinance by the BPAC. Public Hearing closed at 7:59 p.m. Councilmember Melton moved and Councilmember Larsson seconded the motion to Introduce an Ordinance to Amend Sections 10.04.090 (General), 10.16.020 (parking Regulations, 10.36.065 (Loading and Special Zones), and 10.56.140 (Bicycles) of Title 10 (Vehicles and Traffic) of the Sunnyvale Municipal Code for Clarification and Cleanup. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Smith Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Goldman Councilmember Fong No: 0 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Mayor Klein shared his attendance at a Cities Association of Santa Clara County City of Sunnyvale Page 7 City Council Meeting Minutes May 5, 2020 meeting addressing collaborative COVID-19 relief efforts, testing and tracing. NON-AGENDA ITEMS & COMMENTS -Council Councilmember Melton asked for an update regarding the Budget Workshop including the anticipated release date of the FY 2020/21 recommended budget and a list of potential general fund reduction items. He requested exploring two potential policies related to declining general fund revenues and providing mutual aid to neighboring cities. The mutual aid policy may include a process that would identify un-reimbursable and reimbursable costs prior to approving requests for mutual aid. Mayor Klein mentioned that staff responds to requests for aid due to emergencies as quickly as possible. He agrees there are levels for educating Council when reviewing the budget in the coming years. The request will be discussed with the City Manager. -City Manager City Manager Kent Steffens announced that publication of the Tentative Council Meeting Agenda Calendar has restarted. Mr. Steffens shared that the Budget Workshop will be held on May 21, 2020 and that the tentative release date of the recommended budget for FY 2020/21 is May 11, 2020. The budget will include a list of possible budget reductions. INFORMATION ONLY REPORTS/ITEMS 20-0373 Tentative Council Meeting Agenda Calendar 20-0474 Information/Action Items ADJOURNMENT Mayor Klein adjourned the meeting at 8:18 p.m. City of Sunnyvale Page 8

Agenda

City of Sunnyvale Notice and Agenda City Council Tuesday, May 5, 2020 6:30 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Closed Session - 6:30 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 May 5, 2020, will take place by teleconference, as allowed by Governor Gavin Newsom’s Executive Order N-29-20. • Watch the City Council meeting at sunnyvaleca.legistar.com/calendar.aspx or on television over AT&T U-verse Channel 99 or Comcast Channel 15. • Submit written comments to the City Council up to 4 hours prior to the meeting to council@sunnyvale.ca.gov or by mail to City Clerk, 603 All America Way, Sunnyvale, CA 94086. • Send verbal comments to cityclerk@sunnyvale.ca.gov. The first three minutes of each email received before the close of public comment will be read during the meeting. Please identify the Agenda Item you are addressing in the email subject. • Leave a voicemail at (408) 730-7925. Each voicemail received before the close of public comment will be played at the appropriate time during the Council meeting. Please identify the Agenda Item you are addressing in your voicemail. Pursuant to the Americans with Disabilities Act (ADA) and Executive Order N-29-20, if you need special assistance to provide public comment, contact the City at least 2 hours prior to the meeting in order for the City to make reasonable alternative arrangements for you to communicate your comments. For other special assistance; please 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)). City of Sunnyvale Page 1 Printed on 4/30/2020 City Council Notice and Agenda May 5, 2020 6:30 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 notice at the beginning of this agenda. Closed Sessions are not open to the public. 4 Convene to Closed Session 20-0427 CONFERENCE WITH LEGAL COUNSEL-SETTLEMENT OF WORKER’S COMPENSATION CLAIM Closed Session held pursuant to California Government Code Section 54956.95(b): Claimant: Bart Carrigan City of Sunnyvale Claim No. SYVX-227845 20-0428 CONFERENCE WITH LEGAL COUNSEL-PENDING LITIGATION Closed Session held pursuant to California Government Code Section 54956.9 (d)(1). Name of Case: Ronald D’Alba v. City of Sunnyvale (Workers Compensation Appeal Board Case Nos. AB ADJ7427931 and ADJ4363668) 20-0502 CONFERENCE WITH LEGAL COUNSEL-PENDING LITIGATION Closed Session held pursuant to California Government Code Section 54956.9 (d)(1). Name of Case: Mark Gay v. City of Sunnyvale (Workers Compensation Appeal Board Case Nos. ADJ8938008, ADJ8963105, ADJ8938006, and ADJ9254230) 5 Adjourn Special Meeting 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 City of Sunnyvale Page 2 Printed on 4/30/2020 City Council Notice and Agenda May 5, 2020 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 ORDER OF THE DAY 20-0383 SPECIAL ORDER OF THE DAY - Affordable Housing Month 20-0385 SPECIAL ORDER OF THE DAY - Municipal Clerks Week 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. 1.A 20-0473 Approve City Council Meeting Minutes of April 28, 2020 Recommendation: Approve the City Council Meeting Minutes of April 28, 2020 as submitted. 1.B 20-0374 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Recommendation: Approve the list(s) of claims and bills. City of Sunnyvale Page 3 Printed on 4/30/2020 City Council Notice and Agenda May 5, 2020 1.C 20-0305 Approve Budget Modification No. 28 to Appropriate $19,376 of Santa Clara County EMS Agency Grant Funds to Existing Project 830660 - EMS Patient Care Data System Recommendation: Approve Budget Modification No. 7 Appropriate $19,376 of Santa Clara County EMS Agency Grant Funds to Existing Project 830660 - EMS Patient Care Data System. 1.D 20-0438 Award of Contract to Kimley Horn & Associates, Inc. for Design Services for the Advanced Dilemma Zone Phase II Project (F20-042) Recommendation: - Award a Consultant Services Agreement in substantially the same form as Attachment 1 to the report in the amount not-to-exceed $164,634.30 to Kimley Horn & Associates, Inc. - Authorize the City Manager to execute the contract when all necessary conditions have been met, and - Approve a 10% contingency in the amount of $16,463 1.E 20-0451 Award of Contract to SSA Landscape Architects, Inc. for Design Services for the Playground Equipment Replacement Project (F19-237) Recommendation: - Award a Consultant Services Agreement in substantially the same form as Attachment 1 to the report in the not-to-exceed contract amount of $342,281 to SSA Landscape Architects, Inc. - Authorize the City Manager to execute the contract when all necessary conditions have been met, and - Approve a 10% contingency in the amount of $34,228 1.F 20-0445 Authorize Amending an Existing Contract with HF&H Consultants, LLC, for Consultant Assistance with Negotiation for Selection of Solid Waste and Recycling Collection Franchisee Services (F20-158) City of Sunnyvale Page 4 Printed on 4/30/2020 City Council Notice and Agenda May 5, 2020 Recommendation: Take the following action: 1. Authorize the City Manager to execute the First Amendment to an existing contract with HF&H Consultants, LLC, in substantially the same format as Attachment 1 to the report, increasing the not-to-exceed contract amount by $99,790 for a new not-to-exceed contract amount of $239,510; and 2. Approve a 15% contingency of the new scope of work in the amount of $14,969. 1.G 20-0462 Adopt a Resolution for Approval of California Office of Emergency Services (Cal OES) Form 130, Designation of Applicant’s Agent Resolution, in Support of City Disaster Recovery for Disaster-Related Expenditures Recommendation: Adopt a Resolution for Approval of California Office of Emergency Services (Cal OES) Form 130, Designation of Applicant's Agent Resolution, in Support of City Disaster Recovery for Disaster-Related Expenditures 1.H 20-0478 Adopt a Resolution Approving an Extension Up to Six Months to the Home Loan Purchase Program for the Director of Environmental Services Due to the COVID-19 Emergency Recommendation: Adopt a Resolution Approving an Extension Up to Six Months to the Home Loan Purchase Program for the Director of Environmental Services Due to the COVID-19 Emergency PUBLIC HEARINGS/GENERAL BUSINESS 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 20-0112 Approve the Elimination of Fines on Overdue Library Materials (Study Issue LCS 19-02) City of Sunnyvale Page 5 Printed on 4/30/2020 City Council Notice and Agenda May 5, 2020 Recommendation: Alternatives 1, 2, 3, and 4: Alternative 1- Approve a "Fresh Start" amnesty program to remove past fine debt with immediate implementation; Alternative 2 - Amend the City's fee schedule to eliminate fines for all overdue library materials, effective immediately; Alternative 3 - Revise Section B.5 of Council Policy 7.1.1, adding Subsection B.5.9 to include authority for the Director of Library and Community Services to waive Library fees and renumbering the remaining subsections (Attachment 3 to the report); and Alternative 4 - Direct staff to provide the Board of Library Trustees and Council with a report evaluating the impact of these changes by October 2021. 3 20-0434 Introduce an Ordinance to Amend Title 10 (Vehicles and Traffic); Sections 10.04.090 (General), 10.16.020 (Parking Regulations), 10.36.065 (Loading and Special Zones), and 10.56.140 (Bicycles) of the Sunnyvale Municipal Code for Clarification and Cleanup Recommendation: Introduce an Ordinance to Amend Sections 10.04.090 (General), 10.16.020 (parking Regulations, 10.36.065 (Loading and Special Zones), and 10.56.140 (Bicycles) of Title 10 (Vehicles and Traffic) of the Sunnyvale Municipal Code for Clarification and Cleanup 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. 20-0373 Tentative Council Meeting Agenda Calendar City of Sunnyvale Page 6 Printed on 4/30/2020 City Council Notice and Agenda May 5, 2020 20-0474 Information/Action Items 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 Clerk located at 603 All America Way, 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 at 603 All America Way, during normal business hours and in the Council Chamber on the evening of the Council Meeting, pursuant to Government Code §54957.5. Please contactthe Office of the City Clerk at (408) 730-7483 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 Clerk. 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 7 Printed on 4/30/2020 City Council Notice and Agenda May 5, 2020 City of Sunnyvale Page 8 Printed on 4/30/2020

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