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City Council

Regular Meeting

Sunnyvale, CA · June 9, 2020

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Minutes

City of Sunnyvale Meeting Minutes City Council Tuesday, June 9, 2020 5:15 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Closed Session - 5:15 PM | Special Meeting: Study Session - 6 PM | Regular Meeting - 7 PM | Special Joint Meeting of the City Council and the Sunnyvale Financing Authority - 7 PM (or as soon thereafter as the matter may be heard) 5:15 P.M. SPECIAL COUNCIL MEETING (Closed Session) 1 Call to Order via Teleconference 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 5:15 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 5:16 p.m. No speakers. Public Comment closed at 5:16 p.m. 4 Convene to Closed Session City of Sunnyvale Page 1 City Council Meeting Minutes June 9, 2020 20-0048 Closed Session held pursuant to California Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: San Francisco Baykeeper v. City of Sunnyvale U.S. District Court, Northern Dist. of California Civil Case No.: 5:20-cv-00824-EJD 5 Adjourn Special Meeting Mayor Klein adjourned the meeting at 5:58 p.m. 6 P.M. SPECIAL COUNCIL MEETING (Study Session) 1 Call to Order via Teleconference 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. 3 Public Comment Mayor Klein announced that Council will hear agenda Item 3-Public Comment after agenda Item 4-Study Session. 4 Study Session City of Sunnyvale Page 2 City Council Meeting Minutes June 9, 2020 20-0400 Lawrence Station Area Plan (LSAP) Housing Study/Boundary Expansion/Sense of Place Plan Update Project Planner: George Schroeder, (408) 730-7443, gschroeder@sunnyvale.ca.gov Senior Planner George Schroeder provided the staff report and presentation. 3 Public Comment Public Comment opened at 6:56 p.m. Cliff Barger shared concerns with bicycle and pedestrian safety in the Lawrence Station Area, specifically Kifer Road. Blake Reinhardt, Vice President Lead Construction, Intuitive commented on the importance of adhering to project schedules in order to ensure a successful investment. Richard Mehlinger voiced concerns with bicycle and pedestrian safety along Kifer Road. Julie Wasiuk spoke towards concerns with parking along Reed Avenue and bicycle and pedestrian safety along Reed Avenue and Kifer Road. Alex Shoor, Executive Director, Catalyze SV shared Catalyze’s priority of creating equitable, sustainable and vibrant projects in Sunnyvale. Jennifer Renk, Sheppard Mullin representing PS Business Parks voiced concerns that the project results in loss of property and would impede future development of PS Business Parks. Public Comment closed at 7:04 p.m. 5 Adjourn Special Meeting Mayor Klein adjourned the meeting at 7:04 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. City of Sunnyvale Page 3 City Council Meeting Minutes June 9, 2020 Mayor Klein called the meeting to order at 7:08 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. CLOSED SESSION REPORT Vice Mayor Smith reported that Council met in Closed Session held pursuant to California Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: San Francisco Baykeeper v. City of Sunnyvale U.S. District Court, Northern Dist. of California Civil Case No.: 5:20 cv 00824 EJD; nothing to report. SPECIAL ORDER OF THE DAY 20-0386 SPECIAL ORDER OF THE DAY - Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) Pride Month Mayor Klein read a proclamation in honor of Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) Pride Month. ORAL COMMUNICATIONS Councilmember Melton announced the City is accepting applications for the Sunnyvale Cares Non-Profit Grant Program. Galen Davis requested Council agendize a discussion topic about Sunnyvale’s Department of Public Safety (DPS) procedures, policies and oversight for the next Council meeting. He spoke towards creating a citizens' commission to review DPS operations, structure and policy. City of Sunnyvale Page 4 City Council Meeting Minutes June 9, 2020 Martin Pyne, Political Director, Democratic Club of Sunnyvale shared details of the 2020 candidate introductions virtual event and of the endorsement meeting for Sunnyvale Mayor and City Council candidates. Omar Din spoke regarding the Black Lives Matter protest held in Sunnyvale. Lucas Morales shared a video from the Black Lives Matter protest held in Sunnyvale. He voiced support for banning chokeholds, carotid holds and defunding of the Department of Public Safety. Jonathan Wilson proposed Council consider conducting an independent study on banning the use of lethal force by police officers. Shane Jacksteit spoke regarding the impacts of COVID-19 to small businesses. He voiced support of the Sunnyvale Cares Small Business Assistance Grant Program. Pierre Souloumiac spoke towards the Black Lives Matter protest held in Sunnyvale. He voiced concern with labor unions protecting racism, corruption and abuse of power by public safety officers. He inquired if the labor union would interfere with a justified removal of a public safety officer. Julie Wasiuk spoke about the Black Lives Matter protest held in Sunnyvale. She suggested a review of the Department of Public Safety’s policies be conducted and requested Council agendize a discussion of the topic for the next Council meeting. City Clerk David Carnahan read the following public comments received via email: Natalie Cruz voiced support for banning chokeholds and carotid holds in practice and teaching. She also voiced support for punishing officers that have used other “non-lethal” tools improperly. Richard Mehlinger requested Council agendize an urgency ordinance banning chokeholds and carotid holds for the next Council meeting. Zara Dayal voiced support for Council agendizing an urgency ordinance banning chokeholds and carotid holds for the next Council meeting. Anusha Manjunath shared support for Council agendizing an urgency ordinance banning chokeholds and carotid holds for the next Council meeting. City of Sunnyvale Page 5 City Council Meeting Minutes June 9, 2020 Ben Hertzberg requested Council agendize an urgency ordinance banning chokeholds and carotid holds for the next Council meeting. Janette Brambila voiced support for banning chokeholds and carotid holds and requested Council consider adding a discussion of this topic to a future agenda. Adam Sedillo-Glatt shared concerns with the lack of social distancing and face coverings at Sunken Gardens Golf Course. He requested Council review the current situation of the reopening of the golf course, restaurant and bar at Sunken Gardens. CONSENT CALENDAR MOTION: Vice Mayor Smith moved and Councilmember Larsson seconded the motion to approve agenda items 1.A through 1.J. 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 20-0380 Approve City Council Meeting Minutes of May 19, 2020 Approve the City Council Meeting Minutes of May 19, 2020 as submitted. 1.B 20-0530 Approve City Council Meeting Minutes of May 21, 2020 (Budget Workshop) Approve the City Council Meeting Minutes of May 21, 2020 as submitted. 1.C 20-0469 Approve City Council Meeting Minutes of May 26, 2020 (Board and Commission Interviews) Approve the City Council Meeting Minutes of May 26, 2020 as submitted. 1.D 20-0396 Approve the List(s) of Claims and Bills Approved for Payment City of Sunnyvale Page 6 City Council Meeting Minutes June 9, 2020 by the City Manager Approve the list(s) of claims and bills. 1.E 20-0404 Adopt a Resolution to Authorize the Filing of an Application to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2020/21 Transportation Development Act, Article 3 Funding for the Design and Implementation of Pedestrian and Bicycle Safety Improvements at the Intersection of Fremont Avenue and Manet Drive/Bobwhite Avenue Adopt a Resolution to authorize the filing of an application to the Metropolitan Transportation Commission for the allocation of Fiscal Year 2020/21 Transportation Development Act, Article 3 funding for the design and implementation of pedestrian and bicycle safety improvements at the intersection of Fremont Avenue and Manet Drive/Bobwhite Avenue. 1.F 20-0307 Authorize the Issuance of a Blanket Purchase Order to Priority 1 Public Safety Equipment, Inc. for Building and Equipping Public Safety Vehicles (F20-124) Take the following actions: - Authorize the issuance of a blanket purchase order to Priority 1 Public Safety Equipment, Inc. for building and equipping Public Safety vehicles, in substantially the same form as Attachment 1 to the report, in the amount of $450,000; and - Authorize the City Manager to amend and renew the blanket purchase order for two additional one-year periods, subject to available budget and acceptable pricing and services. 1.G 20-0496 Award a Contract to Tyler Technologies for the Permitting, Licensing, and Inspection System (F18-259) Take the following actions: - Award a five-year contract in substantially the same form as Attachment 1 to the report in the amount not to exceed $2,583,745 to Tyler Technologies Inc.; - Authorize the City Manager to execute the contract when all necessary conditions have been met; - Approve a 10% contingency for the implementation services in the amount of $110,174; and - Delegate the authority to the City Manager to renew the licensing contract for four additional one-year periods within budgeted amounts, provided services and pricing City of Sunnyvale Page 7 City Council Meeting Minutes June 9, 2020 remain acceptable to the City. 1.H 20-0327 Approve the FY 2020/21 Preliminary Engineer’s Report for the Downtown Parking District Assessment, Adopt a Resolution of Intention to Levy and Collect an Assessment for the Downtown Parking Maintenance District for FY 2020/21, and Set the Date of July 14, 2020 for the Public Hearing on the Proposed Assessment Approve the Fiscal Year (FY) 2020/21 preliminary Engineer's Report for the Downtown Parking District Assessment, adopt a Resolution of Intention to levy and collect an assessment for the Downtown Parking Maintenance District for FY 2020/21, and set the date of July 14, 2020 for the public hearing on the levy of the proposed Assessment. 1.I 20-0549 Ratify Cites Association of Santa Clara County (CASCC) Re-Appointments of Councilmember Hendricks to the Santa Clara County Airport Land Use Commission (ALUC) and Councilmember Melton as Alternate Cities Member to the Santa Clara County Local Agency Formation Commission (LAFCO) Ratify the Cites Association of Santa Clara County appointments of Councilmember Hendricks to the Santa Clara County Airport Land Use Commission (ALUC) and Councilmember Melton as the alternate Cities Member to the Santa Clara County Local Agency Formation Commission (LAFCO). 1.J 20-0601 Ratify Mayor Klein’s Appointment as Co-Chair of the Silicon Valley Leadership Group (SVLG) Silicon Valley Recovery Roundtable Mayors' Circle Ratify Mayor Klein’s appointment as Co-Chair of the Silicon Valley Leadership Group (SVLG) Silicon Valley Recovery Roundtable Mayors' Circle. PUBLIC HEARINGS/GENERAL BUSINESS 2 20-0551 Adopt a Resolution Denouncing Xenophobia and Anti-Asian Sentiment Due to the COVID19 Pandemic and Affirming City of Sunnyvale Support of and Commitment to the Well-Being and Safety of Asian American Communities. Management Analyst Michelle Zahraie provided the staff report. City of Sunnyvale Page 8 City Council Meeting Minutes June 9, 2020 Public Hearing opened at 7:51 p.m. Omar Din shared support of the resolution. Public Hearing closed at 7:52 p.m. MOTION: Mayor Klein moved and Councilmember Melton seconded the motion to adopt a Resolution denouncing xenophobia and anti Asian sentiment due to the COVID-19 Pandemic and affirming the City of Sunnyvale’s support of and commitment to the well being and safety of Asian American communities. 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 20-0006 Parks and Recreation Commission Resignation; and Appoint Applicants to the Arts Commission, Bicycle and Pedestrian Advisory Commission, Board of Building Code Appeals, Board of Library Trustees, Heritage Preservation Commission, Housing and Human Services Commission, Parks and Recreation Commission, Personnel Board, Planning Commission and Sustainability Commission Mayor Klein announced that Council will hear agenda Public Hearing/General Business Item 3- Parks and Recreation Commission Resignation; and Appoint Applicants... later in the meeting. 4 20-0526 Consider Approval of Draft Second Substantial Amendment to the 2019 Housing and Urban Development (HUD) Action Plan Housing Officer Jenny Carloni provided the staff report. Public Hearing opened at 8:02 p.m. City of Sunnyvale Page 9 City Council Meeting Minutes June 9, 2020 Marie Bernard, Executive Director, Sunnyvale Community Services (SCS) shared details of SCS services and support for Alternative 1. Public Hearing closed at 8:04 p.m. MOTION: Councilmember Hendricks moved and Councilmember Melton seconded the motion to approve Alternative 1: approve the second substantial amendment to the 2019 Housing and Urban Development (HUD) Action Plan as shown in Attachment 2 of the staff report. 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 ADJOURNMENT TO SPECIAL JOINT MEETING OF THE CITY COUNCIL AND SUNNYVALE FINANCING AUTHORITY 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. Authority Chair / Mayor Klein called the Sunnyvale Financing Authority meeting to order at 8:08 p.m. via teleconference. ROLL CALL Present: 7 - Authority Chair / Mayor Larry Klein Authority Vice Chair / Vice Mayor Nancy Smith Authority Member / Councilmember Gustav Larsson Authority Member / Councilmember Glenn Hendricks Authority Member / Councilmember Russ Melton Authority Member / Councilmember Michael S. Goldman Authority Member / Councilmember Mason Fong Authority Chair / Mayor Klein, Authority Vice Chair / Vice Mayor Smith and all City of Sunnyvale Page 10 City Council Meeting Minutes June 9, 2020 Authority Members / Councilmembers attended via teleconference. PUBLIC COMMENT (ON SPECIAL MEETING ITEMS ONLY) Public Comment opened at 8:09 p.m. No speakers. Public Comment closed at 8:09 p.m. CONSENT CALENDAR MOTION: Authority Vice Chair Smith moved and Authority Member Melton seconded the motion to approve agenda item 5.A. The motion carried with the following vote: Yes: 7 - Authority Chair Klein Authority Vice Chair Smith Authority Member Larsson Authority Member Hendricks Authority Member Melton Authority Member Goldman Authority Member Fong No: 0 5.A 20-0289 Approve Joint City Council and Sunnyvale Financing Authority Meeting Minutes of December 10, 2019 Sunnyvale Financing Authority Approve the Joint City Council and Sunnyvale Financing Authority Meeting Minutes of December 10, 2019 as submitted. PUBLIC HEARINGS/GENERAL BUSINESS 6 20-0344 Annual City Council Public Hearing on FY 2020/21 Budget and Resource Allocation Plan and Establishment of Appropriations Limit and Sunnyvale Financing Authority Public Hearing on FY 2020/21 Budget Finance Director Tim Kirby provided the staff report. Public Hearing opened at 8:14 p.m. City of Sunnyvale Page 11 City Council Meeting Minutes June 9, 2020 Due to technical difficulties, the following voicemail message received for the May 21, 2020 Budget Workshop was replayed for the record: Tracy Hern, Vice President, Public Safety Officers’ Association (PSOA) communicated support for retaining positions in the Department of Public Safety and including PSOA in discussions to address budget gaps in the future. City Clerk David Carnahan read the following public comment received via email: Commissioner Leah Mehlman on behalf of the Bicycle and Pedestrian Advisory Commission provided an overview of the Commission’s Fiscal Year 2020/21 budget recommendations for Council consideration. Public Hearing closed at 8:20 p.m. Public Hearing was reopened at 8:29 p.m. Leslie spoke towards defunding the Police Services Division of the Department of Public Safety and reallocating the funds to other services such as mental health assistance. Public Hearing closed at 8:31 p.m. 7 20-0347 Annual Review of Proposed Fees and Charges for Fiscal Year 2020/21 Finance Director Tim Kirby provided the staff report. Public Hearing opened at 8:47 p.m. No speakers. Public Hearing closed at 8:47 p.m. ADJOURN SPECIAL MEETING Authority Chair / Mayor Klein adjourned the Sunnyvale Financing Authority meeting at 8:48 p.m. RECONVENE TO CITY COUNCIL MEETING Mayor Klein reconvened the City Council Meeting at 8:48 p.m. PUBLIC HEARINGS/GENERAL BUSINESS - CONTINUED City of Sunnyvale Page 12 City Council Meeting Minutes June 9, 2020 8 20-0534 Introduce an Uncodified Ordinance to Authorize One-Year Extensions of Land Use Entitlements and Legal Non-Conforming Uses Due to the COVID-19 Emergency, and Find that the Action is Exempt from the California Environmental Quality Act Community Development Director Trudi Ryan provided the staff report. Public Hearing opened at 8:52 p.m. No speakers. Public Hearing closed at 8:52 p.m. MOTION: Councilmember Hendricks moved and Vice Mayor Smith seconded the motion to approve Alternative 1: introduce an uncodified Ordinance to authorize one-year extensions of land use entitlements and legal non-conforming uses due to the COVID-19 Emergency (Attachment 1 to the report), and find that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). City Clerk David Carnahan read the Ordinance title for the record. 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 9 20-0599 Approve Participation in the Santa Clara County Contact Tracer Efforts by Providing Staff Support Assistant City Manager Teri Silva provided the staff report. Public Hearing opened at 9:01 p.m. No speakers. Public Hearing closed at 9:01 p.m. City of Sunnyvale Page 13 City Council Meeting Minutes June 9, 2020 MOTION: Vice Mayor Smith moved and Councilmember Hendricks seconded the motion to approve Alternative 1: approve participation in the Santa Clara County Contact Tracer efforts by providing the support of seven staff for an initial three months with the ability for the City Manager to extend the assignment for up to an additional three months. 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 10 20-0498 Discussion of Impacts of COVID-19 on Administrative Issues for the November 3, 2020 Regular Municipal Election, and Consideration of Adoption of a Resolution Waiving the Signature Gathering Requirement in Sunnyvale Municipal Code Section 2.28.030 and Providing for the City to Cover Publication Costs of City Council Candidate Statements for the November 2020 General Municipal Election due to the COVID-19 Emergency City Clerk David Carnahan provided the staff report. Public Hearing opened at 9:24 p.m. Martin Pyne shared support for Alternative 1 due to the current health crisis. Mr. Carnahan read the following public comment received via email: Mei-Ling Stefan voiced support for Alternative 1. Public Hearing closed at 9:26 p.m. MOTION: Councilmember Hendricks moved and Vice Mayor Smith seconded the motion to approve Alternative 1: adopt a Resolution waiving the signature gathering City of Sunnyvale Page 14 City Council Meeting Minutes June 9, 2020 requirement in Sunnyvale Municipal Code Section 2.28.030 and providing for the City to cover publication costs of City Council Candidate Statements for the November 2020 General Municipal Election due to the COVID-19 Emergency. 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 20-0006 Parks and Recreation Commission Resignation; and Appoint Applicants to the Arts Commission, Bicycle and Pedestrian Advisory Commission, Board of Building Code Appeals, Board of Library Trustees, Heritage Preservation Commission, Housing and Human Services Commission, Parks and Recreation Commission, Personnel Board, Planning Commission and Sustainability Commission At this time, Council heard Public Hearing/General Business Item 3- Parks and Recreation Commission Resignation; and Appoint Applicants... City Clerk David Carnahan provided the staff report. Public Hearing opened at 9:36 p.m. No speakers. Public Hearing closed at 9:36 p.m. City Clerk David Carnahan conducted random roll call votes, tallied the votes and reported the results as follows: Board of Building Code Appeals (2 vacancies) Gregory McNutt (only preference) Vote: 7-0-0 City of Sunnyvale Page 15 City Council Meeting Minutes June 9, 2020 Gregory McNutt was appointed to the Board of Building Code Appeals to serve a term expiring 6/30/3024. Heritage Preservation Commission (2 vacancies) Jillian Cadouri (only preference) Vote: 7-0-0 Steve Caroompas (only preference) Vote: 7-0-0 Jillian Cadouri and Steve Caroompas were appointed to the Heritage Preservation Commission to serve terms expiring 6/30/2024. Personnel Board (1 vacancy) Patti Selan (only preference) Vote: 7-0-0 Patti Selan was appointed to the Personnel Board to a term expiring 6/30/2024. Planning Commission (2 vacancies) John Howe (only preference) Vote: 7-0-0 Daniel Howard (only preference) Vote: 7-0-0 John Howe and Daniel Howard were appointed to the Planning Commission to serve terms expiring 6/30/2024. City of Sunnyvale Page 16 City Council Meeting Minutes June 9, 2020 Sustainability Commission (2 vacancies) Kristel Wickham (only preference) Vote: 7-0-0 Kristel Wickham was appointed to the Sustainability Commission to serve a term expiring 6/30/2024. Parks and Recreation Commission (2 vacancies) Daniel Bremond (only preference) Vote: 7-0-0 Gregory Dibb (1st preference) Vote: 6-0-1 (Abstention by Councilmember Hendricks) Gregory Dibb was appointed to the Parks and Recreation Commission (PRC) to serve a term expiring 6/30/2023 and Daniel Bremond was appointed to the PRC to serve a term expiring 6/30/2024. Board of Library Trustees (2 vacancies) Luise Froessl (only preference) Vote: 5-0-2 (Abstentions by Councilmembers Goldman and Fong) Jack Lem (1st preference) Vote: 0-0-7 (Abstentions by all Councilmembers) Alysa Cisneros (only preference) Vote: 7-0-0 Samantha Scott (only preference) Vote: 5-0-2 (Abstentions by Councilmembers Larsson and Fong) City of Sunnyvale Page 17 City Council Meeting Minutes June 9, 2020 Rahul Jain (only preference) Vote: 5-0-2 (Abstentions by Councilmembers Hendricks and Goldman) Councilmember Melton moved to appoint Luise Froessl to the Board of Library Trustees to serve a term expiring 6/30/2024. The motion failed due to lack of second. MOTION: Councilmember Fong moved and Councilmember Hendricks seconded the motion to appoint Rahul Jain to the Board of Library Trustee to serve a term expiring 6/30/2024. The motion carried with the following vote: Yes: 5 - Mayor Klein Vice Mayor Smith Councilmember Larsson Councilmember Melton Councilmember Fong No: 0 Abstain: 2 - Councilmember Hendricks Councilmember Goldman Alysa Cisneros and Rahul Jain were appointed to the Board of Library Trustees to serve terms expiring 6/30/2024. Arts Commission (1 vacancy) Applicant: Jack Lem 2nd preference) Vote: 0-0-7 (Abstentions by all Councilmembers) Susannah Vaughan (only preference) Vote: 7-0-0 Susannah Vaughan was appointed to the Arts Commission to serve a term expiring 6/30/2024. Bicycle and Pedestrian Advisory Commission (2 vacancies) City of Sunnyvale Page 18 City Council Meeting Minutes June 9, 2020 Richard Mehlinger (Category one – only preference) Vote: 7-0-0 Timothy Oey (Category one – only preference) Vote: 7-0-0 Richard Mehlinger and Timothy Oey were appointed to the Bicycle and Pedestrian Commission to serve terms expiring 6/30/2024. Housing and Human Services Commission. (2 vacancies) Jack Lem (3rd preference) Vote: 2-0-5 (Abstentions by Mayor Klein and Councilmembers Larsson, Hendricks, Melton and Goldman) Josh Grossman (only preference) Vote: 3-0-4 (Abstentions by Councilmembers Larsson, Hendricks, Melton and Fong) Elinor Stetson (only preference) Vote: 7-0-0 Elinor Stetson was appointed to the Housing and Human Services Commission to a term expiring 6/30/2024. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Councilmember Hendricks shared details of the Bay Area Rapid Transportation (BART) opening of two San Jose stations. Mayor Klein shared that the Valley Transportation Authority (VTA) recently approved funding of the Stevens Creek Trail Extension and Homestead Safe Route to Schools program. Vice Mayor Smith shared her attendance at a Caltrain Modernization (CalMod) Local Policy Maker Group meeting and that the electrification project is proceeding. She shared her attendance at a League of California Cities Housing, Community and Economic Development Policy Committee and details of the committee’s City of Sunnyvale Page 19 City Council Meeting Minutes June 9, 2020 support for various legislation. Councilmember Goldman commented on legislation related to housing and the high cost of building housing. NON-AGENDA ITEMS & COMMENTS -Council None. -City Manager City Manager Kent Steffens shared that Murphy Avenue has been closed to motorists on a trial period to allow for expansion of curbside eating. He shared that the Sunnyvale Public Library will begin to offer pick-up/drop-off curbside services to customers. Mr. Steffens shared details of Information Only Item 20-0596 announcement of Mayor-Appointed Ad Hoc Sunnyvale Cares Nonprofit Grant Program Advisory Committee. Councilmember Goldman inquired if staff has considered closing other city streets. Mr. Steffens shared that in the coming weeks Council will be presented for ratification an emergency order that will permit restaurants to provide outdoor dining on private property. INFORMATION ONLY REPORTS/ITEMS 20-0531 Tentative Council Meeting Agenda Calendar 20-0532 Board/Commission Meeting Minutes 20-0533 Information/Action Items 20-0596 Mayoral Announcement of Mayor-Appointed Ad Hoc Sunnyvale Cares Nonprofit Grant Program Advisory Committee 20-0301 Consolidation of the City’s Design Guidelines (Information Only) ADJOURNMENT Mayor Klein adjourned the meeting at 10:07 p.m. City of Sunnyvale Page 20

Agenda

City of Sunnyvale Notice and Agenda City Council Tuesday, June 9, 2020 5:15 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Closed Session - 5:15 PM | Special Meeting: Study Session - 6 PM | Regular Meeting - 7 PM | Special Joint Meeting of the City Council and the Sunnyvale Financing Authority - 7 PM (or as soon thereafter as the matter may be heard) 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 June 9, 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, https://youtu.be/WLKs12GiDwU 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. • Teleconference participation: You may provide audio public comment by connecting to the teleconference meeting online or by telephone. Use the Raise Hand feature to request to speak (*9 on a telephone): Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/96111580540 Meeting call-in telephone number: 833-548-0276 | Meeting ID: 961 1158 0540 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 6/4/2020 City Council Notice and Agenda June 9, 2020 5:15 P.M. SPECIAL COUNCIL MEETING (Closed Session) 1 Call to Order via Teleconference 2 Roll Call 3 Public Comment The public may provide comments regarding the Closed Session item(s) just prior to the Council beginning the Closed Session. 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 20-0048 Closed Session held pursuant to California Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: San Francisco Baykeeper v. City of Sunnyvale U.S. District Court, Northern Dist. of California Civil Case No.: 5:20-cv-00824-EJD 5 Adjourn Special Meeting 6 P.M. SPECIAL COUNCIL MEETING (Study Session) 1 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 20-0400 Lawrence Station Area Plan (LSAP) Housing Study/Boundary Expansion/Sense of Place Plan Update Project Planner: George Schroeder, (408) 730-7443, City of Sunnyvale Page 2 Printed on 6/4/2020 City Council Notice and Agenda June 9, 2020 gschroeder@sunnyvale.ca.gov 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 CLOSED SESSION REPORT SPECIAL ORDER OF THE DAY 20-0386 SPECIAL ORDER OF THE DAY - Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) Pride Month 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 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 20-0380 Approve City Council Meeting Minutes of May 19, 2020 City of Sunnyvale Page 3 Printed on 6/4/2020 City Council Notice and Agenda June 9, 2020 Recommendation: Approve the City Council Meeting Minutes of May 19, 2020 as submitted. 1.B 20-0530 Approve City Council Meeting Minutes of May 21, 2020 (Budget Workshop) Recommendation: Approve the City Council Meeting Minutes of May 21, 2020 as submitted. 1.C 20-0469 Approve City Council Meeting Minutes of May 26, 2020 (Board and Commission Interviews) Recommendation: Approve the City Council Meeting Minutes of May 26, 2020 as submitted. 1.D 20-0396 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.E 20-0404 Adopt a Resolution to Authorize the Filing of an Application to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2020/21 Transportation Development Act, Article 3 Funding for the Design and Implementation of Pedestrian and Bicycle Safety Improvements at the Intersection of Fremont Avenue and Manet Drive/Bobwhite Avenue Recommendation: Adopt a resolution to authorize the filing of an application to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2020/21 Transportation Development Act, Article 3 Funding, estimated at $157,810, for the design and implementation of pedestrian and bicycle safety improvements at the intersection of Fremont Avenue and Manet Drive/Bobwhite Avenue. 1.F 20-0307 Authorize the Issuance of a Blanket Purchase Order to Priority 1 Public Safety Equipment, Inc. for Building and Equipping Public Safety Vehicles (F20-124) City of Sunnyvale Page 4 Printed on 6/4/2020 City Council Notice and Agenda June 9, 2020 Recommendation: Take the following actions: - Authorize the issuance of a blanket purchase order to Priority 1 Public Safety Equipment, Inc. for building and equipping Public Safety vehicles, in substantially the same form as Attachment 1 to the report, in the amount of $450,000; and - Authorize the City Manager to amend and renew the blanket purchase order for two additional one-year periods, subject to available budget and acceptable pricing and services. 1.G 20-0496 Award a Contract to Tyler Technologies for the Permitting, Licensing, and Inspection System (F18-259) Recommendation: Take the following actions: - Award a five-year contract in substantially the same form as Attachment 1 to the report in the amount not to exceed $2,583,745 to Tyler Technologies Inc.; - Authorize the City Manager to execute the contract when all necessary conditions have been met; - Approve a 10% contingency for the implementation services in the amount of $110,174; and - Delegate the authority to the City Manager to renew the licensing contract for four additional one-year periods within budgeted amounts, provided services and pricing remain acceptable to the City. 1.H 20-0327 Approve the FY 2020/21 Preliminary Engineer’s Report for the Downtown Parking District Assessment, Adopt a Resolution of Intention to Levy and Collect an Assessment for the Downtown Parking Maintenance District for FY 2020/21, and Set the Date of July 14, 2020 for the Public Hearing on the Proposed Assessment Recommendation: Approve the Fiscal Year (FY) 2020/21 preliminary Engineer's Report for the Downtown Parking District Assessment, adopt a Resolution of Intention to Levy and Collect an Assessment for the Downtown Parking Maintenance District for FY 2020/21, and set the date of July 14, 2020 for the public hearing on the levy of the proposed Assessment. 1.I 20-0549 Ratify Cites Association of Santa Clara County (CASCC) Re-Appointments of Councilmember Hendricks to the Santa Clara County Airport Land Use Commission (ALUC) and City of Sunnyvale Page 5 Printed on 6/4/2020 City Council Notice and Agenda June 9, 2020 Councilmember Melton as Alternate Cities Member to the Santa Clara County Local Agency Formation Commission (LAFCO) Recommendation: Staff makes no recommendation. By approval of the consent calendar, Council ratifies the Cites Association of Santa Clara County Appointments of Councilmember Hendricks to the Santa Clara County Airport Land Use Commission (ALUC) and Councilmember Melton as the alternate Cities member to the Santa Clara County Local Agency Formation Commission (LAFCO). 1.J 20-0601 Ratify Mayor Klein’s Appointment as Co-Chair of the Silicon Valley Leadership Group (SVLG) Silicon Valley Recovery Roundtable Mayors' Circle Recommendation: Staff makes no recommendation. By approval of the Consent Calendar, Council ratifies Mayor Klein's Appointment as Co-Chair of the Silicon Valley Leadership Group's Silicon Valley Recovery Roundtable Mayors' Circle. PUBLIC HEARINGS/GENERAL BUSINESS If you wish to speak to a public hearing/general business item, please refer to the 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 20-0551 Adopt a Resolution Denouncing Xenophobia and Anti-Asian Sentiment Due to the COVID19 Pandemic and Affirming City of Sunnyvale Support of and Commitment to the Well-Being and Safety of Asian American Communities. Recommendation: Adopt a Resolution Denouncing Xenophobia and Anti-Asian Sentiment Due to the COVID19 Pandemic and Affirming City of Sunnyvale Support of and Commitment to the Well-Being and Safety of Asian American Communities. 3 20-0006 Parks and Recreation Commission Resignation; and Appoint Applicants to the Arts Commission, Bicycle and Pedestrian Advisory Commission, Board of Building Code Appeals, Board of Library Trustees, Heritage Preservation Commission, Housing and Human Services Commission, Parks and Recreation Commission, Personnel Board, Planning City of Sunnyvale Page 6 Printed on 6/4/2020 City Council Notice and Agenda June 9, 2020 Commission and Sustainability Commission Recommendation: Staff makes no recommendation. 4 20-0526 Consider Approval of Draft Second Substantial Amendment to the 2019 Housing and Urban Development (HUD) Action Plan Recommendation: Alternative 1: Approve the Second Substantial Amendment to the 2019 Action Plan as shown in Attachment 2 of the staff report. ADJOURNMENT TO SPECIAL JOINT MEETING OF THE CITY COUNCIL AND SUNNYVALE FINANCING AUTHORITY CALL TO ORDER Call to Order via Teleconference ROLL CALL PUBLIC COMMENT (ON SPECIAL MEETING ITEMS ONLY) CONSENT CALENDAR 5.A 20-0289 Approve Joint City Council and Sunnyvale Financing Authority Meeting Minutes of December 10, 2019 Recommendation: Sunnyvale Financing Authority Approve the Joint City Council and Sunnyvale Financing Authority Meeting Minutes of December 10, 2019 as submitted. PUBLIC HEARINGS/GENERAL BUSINESS 6 20-0344 Annual City Council Public Hearing on FY 2020/21 Budget and Resource Allocation Plan and Establishment of Appropriations Limit and Sunnyvale Financing Authority Public Hearing on FY 2020/21 Budget City of Sunnyvale Page 7 Printed on 6/4/2020 City Council Notice and Agenda June 9, 2020 Recommendation: City Council: Conduct a Public Hearing to obtain input from the public as required by City Charter Section 1303, the California Constitution, and the California Government Code. Council can also provide direction to staff on any issue requiring further review prior to the adoption of the FY 2020/21 Budget on June 23, 2020. Sunnyvale Financing Authority: Conduct a Public Hearing on the FY 2020/21 Budget. The Board can also provide direction to staff on any issue requiring further review prior to the adoption of the FY 2020/21 Budget on June 23, 2020. 7 20-0347 Annual Review of Proposed Fees and Charges for Fiscal Year 2020/21 Recommendation: Council is conducting a public hearing in order to solicit public input and provide direction to staff on any fee requiring further review prior to the June 23, 2020 Council meeting where the proposed schedule will be considered for adoption. ADJOURN SPECIAL MEETING RECONVENE TO CITY COUNCIL MEETING PUBLIC HEARINGS/GENERAL BUSINESS - CONTINUED 8 20-0534 Introduce an Uncodified Ordinance to Authorize One-Year Extensions of Land Use Entitlements and Legal Non-Conforming Uses Due to the COVID-19 Emergency, and Find that the Action is Exempt from the California Environmental Quality Act Recommendation: Alternative 1: Introduce an Uncodified Ordinance to Authorize One-Year Extensions of Land Use Entitlements and Legal Non-Conforming Uses Due to the COVID-19 Emergency (Attachment 1 to the report), and Find that the Action is Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). 9 20-0599 Approve Participation in the Santa Clara County Contact City of Sunnyvale Page 8 Printed on 6/4/2020 City Council Notice and Agenda June 9, 2020 Tracer Efforts by Providing Staff Support Recommendation: Alternative 1: Approve Participation in the Santa Clara County Contact Tracer Efforts by Providing the Support of Seven Staff for an initial three months with the ability of the City Manager to extend the assignment for up to an additional three months. 10 20-0498 Discussion of Impacts of COVID-19 on Administrative Issues for the November 3, 2020 Regular Municipal Election, and Consideration of Adoption of a Resolution Waiving the Signature Gathering Requirement in Sunnyvale Municipal Code Section 2.28.030 and Providing for the City to Cover Publication Costs of City Council Candidate Statements for the November 2020 General Municipal Election due to the COVID-19 Emergency Recommendation: Staff makes no recommendation. This report is developed to facilitate conversation for the public hearing and for consideration and action by the City Council. 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. 20-0531 Tentative Council Meeting Agenda Calendar 20-0532 Board/Commission Meeting Minutes 20-0533 Information/Action Items 20-0596 Mayoral Announcement of Mayor-Appointed Ad Hoc Sunnyvale Cares Nonprofit Grant Program Advisory Committee City of Sunnyvale Page 9 Printed on 6/4/2020 City Council Notice and Agenda June 9, 2020 20-0301 Consolidation of the City’s Design Guidelines (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 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. 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 City Clerk (located to the left of the Council dais). The City Clerk will distribute your items to the Council. Upcoming Meetings Visit https://sunnyvaleca.legistar.com for upcoming Council, board and commission meeting information. City of Sunnyvale Page 10 Printed on 6/4/2020 City Council Notice and Agenda June 9, 2020 City of Sunnyvale Page 11 Printed on 6/4/2020

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