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City Council

Regular Meeting

Sunnyvale, CA · July 14, 2020

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Minutes

City of Sunnyvale Meeting Minutes City Council Tuesday, July 14, 2020 5:30 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 Special Meeting: Closed Session - 5:30 PM | Special Meeting: Study Session - 6:15 PM | Regular Meeting - 7 PM 5:30 P.M. SPECIAL COUNCIL MEETING (Closed Session) 1 Call to Order Mayor Klein called the meeting to order at 5:30 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 5:31 p.m. No speakers. Public Comment closed at 5:31 p.m. 4 Convene to Closed Session 20-0652 CONFERENCE WITH LEGAL COUNSEL-PENDING LITIGATION Closed Session Held Pursuant to California Government Code Section 54956.9 (d)(1). City of Sunnyvale Page 1 City Council Meeting Minutes July 14, 2020 Name of Case: Katrina (Silver) Cortese v. City of Sunnyvale (Workers Compensation Appeal Board Case Nos. ADJ11406539 and ADJ11406540) 20-0642 Closed Session Held Pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency Designated Representatives: Ad Hoc Committee on City Attorney Compensation Members Larry Klein, Gustav Larsson and Russ Melton Unrepresented Employee: City Attorney 5 Adjourn Special Meeting Mayor Klein adjourned the meeting at 6:11 p.m. 6:15 P.M. SPECIAL COUNCIL MEETING (Study Session) 1 Call to Order Mayor Klein called the meeting to order at 6:15 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 Mayor Klein announced that Council will hear agenda Item 3-Public Comment after agenda Item 4-Study Session 4 Study Session 20-0597 Local Campaign Finance City of Sunnyvale Page 2 City Council Meeting Minutes July 14, 2020 Deputy City Manager Jaqui Guzman provided the staff report and presentation. 3 Public Comment Public Comment opened at 6:57 p.m. No speakers. Public Comment closed at 6:57 p.m. 5 Adjourn Special Meeting Mayor Klein adjourned the meeting at 6:58 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER 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 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 (d)(1): CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION Name of Case: Katrina (Silver) Cortese v. City of Sunnyvale (Workers Compensation Appeal Board Case Nos. ADJ11406539 and ADJ11406540); nothing to report. Vice Mayor Smith reported that Council met in Closed Session Held Pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency Designated Representatives: Ad Hoc Committee on City Attorney Compensation Members Larry Klein, Gustav Larsson and Russ Melton City of Sunnyvale Page 3 City Council Meeting Minutes July 14, 2020 Unrepresented Employee: City Attorney; nothing to report. ORAL COMMUNICATIONS Councilmember Larsson announced details of the Candidate Nomination Period for the November 2020 Election. Councilmember Goldman announced the current recruitment for various Boards and Commissions. Richard Mehlinger shared support for providing accessibility and publicity of the Zoom meeting details of noticed meetings on the City's public meetings webpage. He also requested the City consider developing a Google calendar for Council, Board and Commission meetings to be accessible by members of the public. Holly Lofgren urged Council to direct staff to reject, in writing, the Regional Housing Need Determination (RHND) from the Metropolitan Transportation Commission/Association of Bay Area Governments unless the issue of intraregional imbalance in the jobs/housing ratio is addressed. Alysa Cisneros, Sunnyvale City Council District 2 Candidate shared her qualifications and vision for the Sunnyvale community. Kanav Mittal shared details of the free student-lead virtual tutoring service he developed in response to COVID-19 school closures. The program is available to the Sunnyvale community at freevirtualtutoring.org. CONSENT CALENDAR Councilmember Goldman requested Item 1.E be pulled from the Consent Calendar. MOTION: Vice Mayor Smith moved and Councilmember Melton seconded the motion to approve agenda items 1.A through 1.D and 1.F. The motion carried with the following vote: City of Sunnyvale Page 4 City Council Meeting Minutes July 14, 2020 Yes: 7 - Mayor Klein Vice Mayor Smith Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Goldman Councilmember Fong No: 0 1.A 20-0039 Approve City Council Meeting Minutes of June 30, 2020 Approve the City Council Meeting Minutes of June 30, 2020 as submitted. 1.B 20-0398 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 20-0653 Award of Contract to HDR Engineering, Inc. for Execution of Phase II of the Sunnyvale Materials Recovery and Transfer Station NextGen Project (F20-190) Take the following actions: - Award a contract in substantially the same form as Attachment 1 to the report in an amount not-to-exceed $282,231.61, to HDR Engineering, Inc.; and - Authorize the City Manager to execute the contract when all necessary conditions have been met. 1.D 20-0479 Authorize the City Manager to Award and Execute a Contract with Faducci L.L.C. for Public Art at Washington Community Swim Center in the total amount not to exceed $136,800, which includes optional services of up to $1,800 for storage of the completed artwork, if necessary Authorize the City Manager to award and execute a contract with Faducci L.L.C. for public art at Washington Community Swim Center in the total amount not-to-exceed $136,800, which includes optional services of up to $1,800 for storage of the completed artwork if necessary. 1.E 20-0505 Approve Changes to the Civic Center Modernization Project as Described in the Addendum to the Civic Center Environmental Impact Report City of Sunnyvale Page 5 City Council Meeting Minutes July 14, 2020 Public Works Director Chip Taylor provided the staff report. Public Hearing opened at 7:32 p.m. No speakers. Public Hearing closed at 7:32 p.m. MOTION: Vice Mayor Smith moved and Councilmember Melton seconded the motion to approve changes to the Civic Center Modernization Project as described in the addendum to the Civic Center Environmental Impact 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 1.F 20-0570 Adopt a Resolution Extending the City’s Declaration of Local Emergency for COVID-19 Adopt a Resolution extending the City Manager/Director of Emergency Services' Proclamation of Existence of a Local Emergency (COVID-19). PUBLIC HEARINGS/GENERAL BUSINESS 2 20-0053 Approve Art in Private Development Project - Hunter Properties/CityLine: Double Drip (Phase I) Community Services Coordinator II Kristin Dance provided the staff report. Ellie Hunter, CityLine Art Advisor provided the applicant presentation. Public Hearing opened at 7:48 p.m. Omar Din shared support for Alternative 1. Valerie Suares proposed Council consider requiring an artistic statement plaque City of Sunnyvale Page 6 City Council Meeting Minutes July 14, 2020 containing information about the artwork be included as part of the installation of the art piece(s). Public Hearing closed at 7:50 p.m. MOTION: Vice Mayor Smith moved to approve Alternative 1: accept the Arts Commission’s recommendation to approve the artwork as it is proposed with the following condition of approval: Require the developer to submit a landscape plan to the Community Services Coordinator II prior to the installation of the art. Councilmember Goldman offered a friendly amendment to include an artistic statement plaque on the art piece(s). After discussion, Councilmember Goldman withdrew the friendly amendment and seconded the motion to approve Alternative 1: accept the Arts Commission’s recommendation to approve the artwork as it is proposed with the following condition of approval: Require the developer to submit a landscape plan to the Community Services Coordinator II prior to the installation of the art. 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 20-0328 Adopt a Resolution to Approve the Final Engineer’s Report, Confirm the Assessment, and Levy and Collect an Annual Assessment for The Downtown Parking Maintenance District for Fiscal Year 2020/21 Public Works Director Chip Taylor provided the staff report. Public Hearing opened at 7:59 p.m. No speakers. Public Hearing closed at 7:59 p.m. City of Sunnyvale Page 7 City Council Meeting Minutes July 14, 2020 MOTION: Councilmember Melton moved and Councilmember Hendricks seconded the motion to approve Alternative 1: adopt a Resolution to approve the final Engineer's Report, to confirm the assessment, and levy and collect an annual assessment for the Downtown Parking Maintenance District for FY 2020/21. 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 20-0650 Adopt a Resolution to Cause Charges for Non-Payment of Delinquent Utility Charges to be placed on the FY 2020/21 County of Santa Clara Property Tax Roll Finance Director Tim Kirby provided the staff report. Public Hearing opened at 8:07 p.m. No speakers. Public Hearing closed at 8:07 p.m. MOTION: Councilmember Melton moved and Councilmember Hendricks seconded the motion to approve Alternative 1: adopt a Resolution to cause charges for non-payment of delinquent utility charges to be placed on the FY 2020/21 County of Santa Clara Property Tax Roll. 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 City of Sunnyvale Page 8 City Council Meeting Minutes July 14, 2020 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Councilmember Fong shared his attendance at a Valley Transportation Authority (VTA) State Route (SR) 85 Corridor Policy Advisory Board meeting and details of the Board's recommendations on the median transit lane project. The report will be presented to the VTA Board of Directors for their consideration in September. NON-AGENDA ITEMS & COMMENTS -Council Councilmember Fong inquired with staff on providing accessibility and publicity of noticed meetings on the City's public meetings webpage. City Clerk David Carnahan announced that staff will inquire with the vendor if a feature such as adding teleconference meeting details may be added to the platform. Councilmember Fong inquired if staff has considered creating a Google calendar for public meetings. Mr. Carnahan informed Council that this service is not supported by the City's current website provider. -City Manager City Manager Kent Steffens highlighted a revision to the Tentative Council Meeting Agenda Calendar (TCMAC). The Active Transportation Plan will be presented to Council for adoption on August 25 instead of July 28. He also noted that an Arts Master Plan Study Session is scheduled for August 25 and Council will consider adopting the Arts Master Plan on October 27. Mr. Steffens announced that documents related to the Downtown Specific Plan are available for review on the City's website. Council will consider the item on August 11. Mr. Steffens communicated details of temperature screening stations at City facilities. INFORMATION ONLY REPORTS/ITEMS 20-0051 Tentative Council Meeting Agenda Calendar 20-0422 Board/Commission Meeting Minutes 20-0639 Information/Action Items City of Sunnyvale Page 9 City Council Meeting Minutes July 14, 2020 ADJOURNMENT Mayor Klein adjourned the meeting at 8:17 p.m. City of Sunnyvale Page 10

Agenda

City of Sunnyvale Notice and Agenda City Council Tuesday, July 14, 2020 5:30 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 Special Meeting: Closed Session - 5:30 PM | Special Meeting: Study Session - 6:15 PM | Regular Meeting - 7 PM 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 July 14, 2020, will take place by teleconference, as allowed by Governor Gavin Newsom’s Executive Order N-29-20. • Watch the City Council meeting on television over Comcast Channel 15, at https://Sunnyvale.ca.gov/YouTubeMeetings or https://Sunnyvaleca.Legistar.com/Calendar.aspx • 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 7/9/2020 City Council Notice and Agenda July 14, 2020 5:30 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 20-0652 CONFERENCE WITH LEGAL COUNSEL-PENDING LITIGATION Closed Session Held Pursuant to California Government Code Section 54956.9 (d)(1). Name of Case: Katrina (Silver) Cortese v. City of Sunnyvale (Workers Compensation Appeal Board Case Nos. ADJ11406539 and ADJ11406540) 20-0642 Closed Session Held Pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency Designated Representatives: Ad Hoc Committee on City Attorney Compensation Members Larry Klein, Gustav Larsson and Russ Melton Unrepresented Employee: City Attorney 5 Adjourn Special Meeting 6:15 P.M. SPECIAL COUNCIL MEETING (Study Session) 1 Call to Order Call to Order via teleconference. 2 Roll Call 3 Public Comment City of Sunnyvale Page 2 Printed on 7/9/2020 City Council Notice and Agenda July 14, 2020 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 20-0597 Local Campaign Finance 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 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. City of Sunnyvale Page 3 Printed on 7/9/2020 City Council Notice and Agenda July 14, 2020 1.A 20-0039 Approve City Council Meeting Minutes of June 30, 2020 Recommendation: Approve the City Council Meeting Minutes of June 30, 2020 as submitted. 1.B 20-0398 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.C 20-0653 Award of Contract to HDR Engineering, Inc. for Execution of Phase II of the Sunnyvale Materials Recovery and Transfer Station NextGen Project (F20-190) Recommendation: Take the following actions: - Award a contract in substantially the same form as Attachment 1 to the report in an amount not to exceed $282,231.61, to HDR Engineering, Inc., and - Authorize the City Manager to execute the contract when all necessary conditions have been met. 1.D 20-0479 Authorize the City Manager to Award and Execute a Contract with Faducci L.L.C. for Public Art at Washington Community Swim Center in the total amount not to exceed $136,800, which includes optional services of up to $1,800 for storage of the completed artwork, if necessary Recommendation: Authorize the City Manager to Award and Execute a Contract with Faducci L.L.C. for Public Art at Washington Community Swim Center in the total amount not to exceed $136,800, which includes optional services of up to $1,800 for storage of the completed artwork if necessary. 1.E 20-0505 Approve Changes to the Civic Center Modernization Project as Described in the Addendum to the Civic Center Environmental Impact Report Recommendation: Approve Changes to the Civic Center Modernization Project as Described in the Addendum to the Civic Center Environmental Impact Report. 1.F 20-0570 Adopt a Resolution Extending the City’s Declaration of Local Emergency for COVID-19 City of Sunnyvale Page 4 Printed on 7/9/2020 City Council Notice and Agenda July 14, 2020 Recommendation: Adopt a Resolution Extending the City Manager/Director of Emergency Services' Proclamation of Existence of a Local Emergency (COVID-19). 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 20-0053 Approve Art in Private Development Project - Hunter Properties/CityLine: Double Drip (Phase I) Recommendation: Alternative 1: Accept the Arts Commission's recommendation to approve the artwork as it is proposed with the following condition of approval: Require the developer to submit a landscape plan to the Community Services Coordinator II prior to the installation of the art. 3 20-0328 Adopt a Resolution to Approve the Final Engineer’s Report, Confirm the Assessment, and Levy and Collect an Annual Assessment for The Downtown Parking Maintenance District for Fiscal Year 2020/21 Recommendation: Alternative 1: Adopt a resolution to approve the final Engineer's report, to confirm the assessment, and levy and collect an annual assessment for the Downtown Parking Maintenance District for FY 2020/21. 4 20-0650 Adopt a Resolution to Cause Charges for Non-Payment of Delinquent Utility Charges to be placed on the FY 2020/21 County of Santa Clara Property Tax Roll Recommendation: Alternative 1: Adopt a Resolution to Cause Charges for Non-Payment of Delinquent Utility Charges to be placed on the FY 2020/21 County of Santa Clara Property Tax Roll. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS NON-AGENDA ITEMS & COMMENTS -Council City of Sunnyvale Page 5 Printed on 7/9/2020 City Council Notice and Agenda July 14, 2020 -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. 20-0051 Tentative Council Meeting Agenda Calendar 20-0422 Board/Commission Meeting Minutes 20-0639 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. 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" City of Sunnyvale Page 6 Printed on 7/9/2020 City Council Notice and Agenda July 14, 2020 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 7/9/2020

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