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City Council

Regular Meeting

Sunnyvale, CA · May 19, 2020

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Minutes

City of Sunnyvale Meeting Minutes City Council Tuesday, May 19, 2020 6:00 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Study Session - 6 PM | Regular Meeting - 7 PM 6 P.M. SPECIAL COUNCIL MEETING (Study 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 6:00 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. Mayor Klein announced that Council will hear agenda Item 3-Public Comment after agenda Item 4-Study Session. 4 Study Session 20-0250 Senate Bill 1383 Regulations - Impacts to Franchise Hauling and SMaRT Station Operations Environmental Services Director Ramana Chinnakotla, Environmental Programs Manager Karen Gissibl and Peter Deibler, Senior Manager, HF&H Consultants provided the staff report and presentation. City of Sunnyvale Page 1 City Council Meeting Minutes May 19, 2020 3 Public Comment Public Comment opened at 6:58 p.m. No speakers. Public Comment closed at 6:58 p.m. 5 Adjourn Special Meeting Mayor Klein adjourned the meeting at 6:59 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 7:05 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 Mayor Klein, Vice Mayor Smith and all Councilmembers attended via teleconference. SPECIAL ORDER OF THE DAY 20-0372 SPECIAL ORDER OF THE DAY - Public Works Week Mayor Klein read a proclamation in honor of Public Works Week. ORAL COMMUNICATIONS Councilmember Hendricks announced details of the upcoming Sustainability Speaker Series webinar event. Councilmember Hendricks shared his attendance at the Bay Area Rapid Transit City of Sunnyvale Page 2 City Council Meeting Minutes May 19, 2020 (BART) and Santa Clara County Valley Transportation Authority (VTA) Berryessa Station grand opening event. The following public comments were received via voicemail: Martin Pyne, Sunnyvale Democratic Club provided details of the Club's upcoming Mayor and Councilmember endorsement event. CONSENT CALENDAR City Clerk David Carnahan announced that a public comment was received via email pertaining to item 1.F. MOTION: Vice Mayor Smith moved and Councilmember Larsson seconded the motion to approve agenda items 1.A through 1.E and 1.G. 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 20-0468 Approve City Council Meeting Minutes of May 12, 2020 Approve the City Council Meeting Minutes of May 12, 2020 as submitted. 1.B 20-0470 Approve City Council Meeting Minutes of May 13, 2020 (Board and Commission Interviews) Approve the City Council Meeting Minutes of May 13, 2020 as submitted. 1.C 20-0395 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 20-0497 Adopt a Resolution Approving the Application for Local Early Action Planning Grant Funds from the California Department of City of Sunnyvale Page 3 City Council Meeting Minutes May 19, 2020 Housing and Community Development and Find that the Action is Exempt from CEQA Pursuant to CEQA Guidelines Section 15378(b)(4) and (b)(5). Adopt a Resolution approving the application for Local Early Action Planning Grant Funds from the California Department of Housing and Community Development and find that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(4) and (b)(5). 1.E 20-0489 Authorize the City Manager to Negotiate Reduced Rent at Gold Rush Eatery at Sunken Gardens Golf Course and Lifetime Activities at Las Palmas Park Tennis Center during the COVID-19 Shelter-in-Place Order and Authorize the City Manager to Execute Agreement Amendments Authorize the City Manager to negotiate reduced rent at Gold Rush Eatery at Sunken Gardens Golf Course and Lifetime Activities at Las Palmas Park Tennis Center during the COVID-19 Shelter In Place Order through July 31, 2020 and authorize the City Manager to execute agreement amendments. 1.F 20-0477 Authorize the Issuance of a Purchase Order to National Auto Fleet Group for One (1) Ford Super Duty F-550 Vehicle (F20-123) Public Hearing opened at 7:19 p.m. City Clerk David Carnahan read the following public comment received via email: Kristel Wickham proposed delaying this purchase. Public Hearing closed at 7:21 p.m. MOTION: Vice Mayor Smith moved and Councilmember Melton seconded the motion to approve agenda item 1.F. The motion carried with the following vote: City of Sunnyvale Page 4 City Council Meeting Minutes May 19, 2020 Yes: 7 - Mayor Klein Vice Mayor Smith Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Goldman Councilmember Fong No: 0 1.G 20-0490 Approval of the 2020 Sewer System Management Plan (SSMP) Approve the 2020 Sewer System Management Plan to meet State Water Board requirements. PUBLIC HEARINGS/GENERAL BUSINESS 2 20-0401 Authorize the City Manager to Execute an Amended and Restated Agreement Between City of Sunnyvale and Sunnyvale School District for the Operation of Columbia Neighborhood Center Extending the Term of the Agreement for 25 Years and Making Various Administrative Updates Library and Community Services Director Cherise Brandell provided the staff report and presentation. Public Hearing opened at 7:37 p.m. City Clerk David Carnahan read the following public comments received via email: Ben Picard, Superintendent, Sunnyvale School District spoke in support of Alternative 1. Public Hearing closed at 7:39 p.m. MOTION: Vice Mayor Smith moved and Councilmember Hendricks seconded the motion to approve Alternative 1: Authorize the City Manager to sign the Amended and Restated Agreement between the City of Sunnyvale and the Sunnyvale School District for the operation of the Columbia Neighborhood Center extending the term of the Agreement for 25 years and making various administrative updates. City of Sunnyvale Page 5 City Council Meeting Minutes May 19, 2020 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 3 20-0500 Approve the Purchase and Sale Agreement Between the City of Sunnyvale and MP Land Holdings LLC (MidPen Housing) for the Purchase of 1178 Sonora Court, and Approve a Disposition and Development Agreement, to Construct a new Affordable Housing Development, and Adopt the Resolution to Authorize the Ground Lease (Continued from the meeting of May 12, 2020) Housing Officer Jenny Carloni provided the staff report and presentation. Felix AuYeung, Director of Business Development, MidPen Housing Corporation answered Councilmember questions. Public Hearing opened at 8:18 p.m. City Clerk David Carnahan read the following public comments received via email: Tara Martin-Milius voiced support of the development project. Mike Serrone communicated support of the development project. Coleen Hausler shared support of the development project. Rita Welsh voiced support of the development project. Kristel Wickham communicated support of the development project. Leia Mehlman shared support of the development project. Public Hearing closed at 8:23 p.m. City of Sunnyvale Page 6 City Council Meeting Minutes May 19, 2020 MOTION: Councilmember Melton moved and Councilmember Hendricks seconded the motion to approve Alternatives 1 and 4: 1. Authorize the City Manager to execute the purchase and sale agreement in substantially the same form as Attachment 1 to the report, between the City of Sunnyvale and MP Land Holdings LLC for the purchase of real property located at 1178 Sonora Court for $13,550,000; and 4. Approve the draft disposition and development agreement, adopt the Resolution to authorize the ground lease, and associated appendices with MidPen, or an affiliated entity, for the establishment of the affordable housing development at 1178 Sonora Court; and authorize the City Manager to execute it in final form substantially consistent with Attachment 1 to the report and in a form approved by the City Attorney. 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 4 20-0359 Adopt a new City Council Policy 6.4.5 (Heritage Resources Plaque Program for Private Property) Establishing a Plaque Program for Heritage Resources to sponsor up to five plaques per year and Find that the Action is Exempt from CEQA Pursuant to CEQA Guidelines Section15061(b)(3). (Study Issue) Community Development Director Trudi Ryan provided the staff report and presentation. Public Hearing opened at 8:46 p.m. No speakers. Public Hearing closed at 8:46 p.m. MOTION: Councilmember Hendricks moved and Councilmember Melton seconded the motion to approve Alternative 1: Adopt a Council Policy (Attachment 2 to the City of Sunnyvale Page 7 City Council Meeting Minutes May 19, 2020 report) establishing a Plaque Program to sponsor up to five plaques per year and find that the action is exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). 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 5 20-0515 Adopt a Resolution Amending the City’s Salary Resolution and Schedule of Pay to Increase the Salary Range and Change the Job Title for the Director of Employment Development to Director of NOVA Workforce Services Human Resources Director Tina Murphy provided the staff report. Public Hearing opened at 8:50 p.m. No speakers. Public Hearing closed at 8:50 p.m. MOTION: Vice Mayor Smith moved and Councilmember Larsson seconded the motion to approve Alternative 1: Adopt a Resolution amending the City's Salary Resolution and Schedule of Pay to increase the salary range and change the job title for the Director of Employment Development to Director of NOVA Workforce Services. 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 8 City Council Meeting Minutes May 19, 2020 No: 0 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Vice Mayor Smith shared her attendance at a Silicon Valley Clean Energy Board meeting. The Board approved a COVID-19 customer relief program in the amount of $10 million. She advised the report will be shared with staff. She reported the League of California Cities Support Local Recovery coalition efforts are ongoing and recently supported the HEROES Act. She requested the City Manager, Mayor and colleagues consider having the City of Sunnyvale join the coalition. Mayor Klein shared his recent support of the HEROES Act through efforts by Congressmember Ro Khanna’s office. Councilmember Fong reported his attendance at the Valley Transportation Authority (VTA) Policy Makers Policy Advisory Committee meeting. NON-AGENDA ITEMS & COMMENTS -Council Councilmember Fong inquired if staff is considering transitioning to a Zoom platform for public meetings. City Manager Kent Steffens announced that the City procured a limited amount of Zoom licenses and that public meetings will be hosted via Zoom in the coming weeks. Councilmember Fong communicated interest in exploring new revenue generation ideas. -City Manager Mr. Steffens shared details of the upcoming Budget Workshop. INFORMATION ONLY REPORTS/ITEMS 20-0431 Tentative Council Meeting Agenda Calendar 20-0382 Information/Action Items ADJOURNMENT City of Sunnyvale Page 9 City Council Meeting Minutes May 19, 2020 Mayor Klein adjourned the meeting at 9:06 p.m. City of Sunnyvale Page 10

Agenda

City of Sunnyvale Notice and Agenda City Council Tuesday, May 19, 2020 6:00 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Study Session - 6 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 19, 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 5/14/2020 City Council Notice and Agenda May 19, 2020 6 P.M. SPECIAL COUNCIL MEETING (Study Session) 1 Call to Order Call to Order via teleconference. 2 Roll Call 3 Public Comment The public may provide comments regarding the Study Session item(s). If you wish to address the Council, please refer to the notice at the beginning of this agenda. 4 Study Session 20-0250 Senate Bill 1383 Regulations - Impacts to Franchise Hauling and SMaRT Station Operations 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 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 SPECIAL ORDER OF THE DAY 20-0372 SPECIAL ORDER OF THE DAY - Public Works 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 City of Sunnyvale Page 2 Printed on 5/14/2020 City Council Notice and Agenda May 19, 2020 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 20-0468 Approve City Council Meeting Minutes of May 12, 2020 Recommendation: Approve the City Council Meeting Minutes of May 12, 2020 as submitted. 1.B 20-0470 Approve City Council Meeting Minutes of May 13, 2020 (Board and Commission Interviews) Recommendation: Approve the City Council Meeting Minutes of May 13, 2020 as submitted. 1.C 20-0395 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Recommendation: Approve the list(s) of claims and bills. 1.D 20-0497 Adopt a Resolution Approving the Application for Local Early Action Planning Grant Funds from the California Department of Housing and Community Development and Find that the Action is Exempt from CEQA Pursuant to CEQA Guidelines Section 15378(b)(4) and (b)(5). Recommendation: Adopt a Resolution Approving the Application for Local Early Action Planning Grant Funds from the California Department of Housing and Community Development and Find that the Action is Exempt from CEQA Pursuant to CEQA Guidelines Section 15378(b)(4) and (b)(5). 1.E 20-0489 Authorize the City Manager to Negotiate Reduced Rent at Gold Rush Eatery at Sunken Gardens Golf Course and Lifetime Activities at Las Palmas Park Tennis Center during the COVID-19 Shelter-in-Place Order and Authorize the City City of Sunnyvale Page 3 Printed on 5/14/2020 City Council Notice and Agenda May 19, 2020 Manager to Execute Agreement Amendments Recommendation: Authorize the City Manager to Negotiate Reduced Rent at Gold Rush Eatery at Sunken Gardens Golf Course and Lifetime Activities at Las Palmas Park Tennis Center during the COVID-19 Shelter-in-Place Order through July 31, 2020 and Authorize the City Manager to Execute Agreement Amendments. 1.F 20-0477 Authorize the Issuance of a Purchase Order to National Auto Fleet Group for One (1) Ford Super Duty F-550 Vehicle (F20-123) Recommendation: Authorize the issuance of a Purchase Order in the amount of $179,295.64 (including tire and delivery fees) excluding sales tax, in substantially the same form as Attachment 1 to the report, to National Auto Fleet Group for one (1) 2020 Ford Super Duty F-550 vehicle for the Department of Environmental Services, Water Program. 1.G 20-0490 Approval of the 2020 Sewer System Management Plan (SSMP) Recommendation: Approve the 2020 Sewer System Management Plan to meet State Water Board requirements. 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 20-0401 Authorize the City Manager to Execute an Amended and Restated Agreement Between City of Sunnyvale and Sunnyvale School District for the Operation of Columbia Neighborhood Center Extending the Term of the Agreement for 25 Years and Making Various Administrative Updates City of Sunnyvale Page 4 Printed on 5/14/2020 City Council Notice and Agenda May 19, 2020 Recommendation: Alternative 1: Authorize the City Manager to sign the Amended and Restated Agreement between the City of Sunnyvale and the Sunnyvale School District for the Operation of the Columbia Neighborhood Center Extending the Term of the Agreement for 25 Years and Making Various Administrative Updates. 3 20-0500 Approve the Purchase and Sale Agreement Between the City of Sunnyvale and MP Land Holdings LLC (MidPen Housing) for the Purchase of 1178 Sonora Court, and Approve a Disposition and Development Agreement, to Construct a new Affordable Housing Development, and Adopt the Resolution to Authorize the Ground Lease (Continued from the meeting of May 12, 2020) Recommendation: Alternatives 1 and 4. Authorize the City Manager to execute the Purchase and Sale Agreement in substantially the same form as Attachment 1 to the report, between the City of Sunnyvale and MP Land Holdings LLC for the purchase of real property located at 1178 Sonora Court for $13,550,000; and Approve the draft Disposition and Development Agreement, Adopt the Resolution to Authorize the Ground Lease, and associated appendices with MidPen, or an affiliated entity, for the establishment of the affordable housing development at 1178 Sonora Court; and authorize the City Manager to execute it in final form substantially consistent with Attachment 1 to the report and in a form approved by the City Attorney. 4 20-0359 Adopt a new City Council Policy 6.4.5 (Heritage Resources Plaque Program for Private Property) Establishing a Plaque Program for Heritage Resources to sponsor up to five plaques per year and Find that the Action is Exempt from CEQA Pursuant to CEQA Guidelines Section15061(b)(3). (Study Issue) Recommendation: Alternative 1: Adopt a Council Policy (Attachment 2 to the Report) Establishing a Plaque Program to sponsor up to five plaques per year and Find that the Action is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061(b)(3). 5 20-0515 Adopt a Resolution Amending the City’s Salary Resolution and City of Sunnyvale Page 5 Printed on 5/14/2020 City Council Notice and Agenda May 19, 2020 Schedule of Pay to Increase the Salary Range and Change the Job Title for the Director of Employment Development to Director of NOVA Workforce Services Recommendation: Alternative 1: Adopt a Resolution Amending the City's Salary Resolution and Schedule of Pay to Increase the Salary Range and Change the Job Title for the Director of Employment Development to Director of NOVA Workforce Services. 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. 20-0431 Tentative Council Meeting Agenda Calendar 20-0382 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. Contact the Office of the City Clerk at (408) 730-7483 to access City Hall to view these materials and for specific questions regarding the agenda. City of Sunnyvale Page 6 Printed on 5/14/2020 City Council Notice and Agenda May 19, 2020 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 5/14/2020

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