City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, August 25, 2020 5:00 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 Special Meeting: Closed Session - 5 PM | Special Meeting: Study Session - 6 PM | Regular Meeting - 7 PM 5 P.M. SPECIAL COUNCIL MEETING (Closed Session) 1 Call to Order Mayor Klein called the meeting to order at 5:00 p.m. 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 5:02 p.m. No speakers. Public Comment opened at 5:02 p.m. 4 Convene to Closed Session 20-0665 Closed Session Held Pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency Designated Representatives: Tina Murphy, Director of City of Sunnyvale Page 1 City Council Meeting Minutes August 25, 2020 Human Resources; Kent Steffens, City Manager; Charles Sakai, Labor Attorney Employee Organization: Public Safety Officers Association (PSOA) 5 Adjourn Special Meeting Mayor Klein adjourned the meeting at 5:56 p.m. 6 P.M. SPECIAL COUNCIL MEETING (Study Session) 1 Call to Order Mayor Klein called the meeting to order at 6:00 p.m. 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 20-0227 Master Plan for Public Art Superintendent of Community Services Damon Sparacino provided the staff report and presentation. 3 Public Comment Public Comment opened at 6:38 p.m. City of Sunnyvale Page 2 City Council Meeting Minutes August 25, 2020 Mike Serrone urged Council to reopen the gallery and identify a permanent venue to host cultural events. Agnes, Arts Commission Member shared support for increasing the Art in Private Development in-lieu (in-lieu) fee. Dawna Eskridge voiced support for increasing the in-lieu fee, a permanent gallery and temporary art pieces. Susannah Vaughan communicated support for increasing the in-lieu fee. Public Comment closed at 6:48 p.m. 5 Adjourn Special Meeting Mayor Klein adjourned the meeting at 6:48 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Mayor Klein called the meeting to order at 7:00 p.m. 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 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency Designated Representatives: Tina Murphy, Director of Human Resources; Kent Steffens, City Manager; Charles Sakai, Labor Attorney; Employee Organization: Public Safety Officers Association (PSOA); nothing to City of Sunnyvale Page 3 City Council Meeting Minutes August 25, 2020 report. SPECIAL ORDER OF THE DAY 20-0389 SPECIAL ORDER OF THE DAY - Library Card Sign-Up Month Mayor Klein read a proclamation in honor of Library Card Sign-Up Month. ORAL COMMUNICATIONS Terry Sturtevant, Sunnyvale Masters Swimming member (Sunnyvale Masters member) encouraged Council to consider reinstating the Masters Swimming program (Masters program) at Fremont High School. Josh Grossman, Sunnyvale Masters member and Sunnyvale City Council District 2 Candidate urged Council to consider reinstating the Masters program. Don Milenko, Sunnyvale Masters member voiced support for reinstating the Masters program. Lesley Reid, Sunnyvale Masters member shared support for reinstating the Masters program. Katherine Raatz, Sunnyvale Masters member communicated support for reinstating the Masters program. Gina Funaro, Sunnyvale Masters member voiced support for reinstating the Masters program. Leslie Almas, Sunnyvale Masters member shared support for reinstating the Masters program. Paul Brunemeier, Sunnyvale Masters member communicated support for reinstating the Masters program. Susannah Vaughan urged Council to be cautious and consider the public health order of social distancing when reinstating community programs. CONSENT CALENDAR Mayor Klein stated his vote would be a recusal on Items 1.F through 1.I due to a conflict of interest with owning property in the vicinity of the Downtown. City of Sunnyvale Page 4 City Council Meeting Minutes August 25, 2020 Councilmember Larsson stated his vote would be a recusal on Items 1.F through 1. I due to a conflict of interest with owning property in the vicinity of Downtown. MOTION: Vice Mayor Smith moved and Councilmember Melton seconded the motion to approve agenda items 1.A through 1.I. 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 20-0037 Approve City Council Meeting Minutes of August 11, 2020 Approve the City Council Meeting Minutes of August 11, 2020 as submitted. 1.B 20-0494 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 20-0703 Modify Blanket Purchase Orders with SC Fuels and Valley Oil for the Purchase of Unleaded Vehicle Fuel (F20-195 & F21-011) Take the following actions: - Authorize the City Manager to amend the existing blanket purchase order with SC Fuels for unleaded gasoline, in substantially the same format as Attachment 1 to the report, increasing the not-to-exceed amount by $230,000 for a new total not-to-exceed amount of $325,000; and - Authorize the City Manager to amend the existing blanket purchase order with Valley Oil for unleaded gasoline, in substantially the same format as Attachment 2 to the report, increasing the not-to-exceed amount by $63,000 for a new total not-to-exceed amount of $143,000. 1.D 20-0765 Receive a Report of an Emergency Procurement to provide City of Sunnyvale Page 5 City Council Meeting Minutes August 25, 2020 Fuel for Emergency Bypass Pumping Operations at the Water Pollution Control Plant; Find that the Project is of Urgent Necessity for the Preservation of Life, Health, or Property; and Approve Budget Modification No. 5 Receive a report of an emergency procurement to provide fuel for emergency bypass pumping operations at the Water Pollution Control Plant; find that the project is of urgent necessity for the preservation of life, health, or property, and approve Budget Modification No. 5. 1.E 20-0646 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). 1.F 20-0764 Adopt Ordinance No. 3162-20 Repealing and Re-Adopting Chapter 19.28 (Downtown Specific Plan) of Title 19 (Zoning) of the Sunnyvale Municipal Code and Making Related Changes to Chapter 13.08 (Right-Of-Way Encroachments), Chapter 19.46 (Parking) and Chapter 19.82 (Miscellaneous Plan Permit) of the Sunnyvale Municipal Code. MOTION: Vice Mayor Smith moved and Councilmember Melton seconded the motion to adopt Ordinance No. 3162-20 repealing and re-adopting Chapter 19.28 (Downtown Specific Plan) of Title 19 (Zoning) of the Sunnyvale Municipal Code and making related changes to Chapter 13.08 (Right-Of-Way Encroachments), Chapter 19.46 (Parking) and Chapter 19.82 (Miscellaneous Plan Permit) of the Sunnyvale Municipal Code. The motion carried with the following vote: Yes: 5 - Vice Mayor Smith Councilmember Hendricks Councilmember Melton Councilmember Goldman Councilmember Fong No: 0 Recused: 2 - Mayor Klein Councilmember Larsson 1.G 20-0766 Adopt Ordinance No. 3163-20 to amend the Precise Zoning City of Sunnyvale Page 6 City Council Meeting Minutes August 25, 2020 Map, Zoning Districts Map, to Re-Designate the Parcel Identified by Assessor’s Parcel Number 209-07-007, Known as 141 Taaffe St., 143 Taaffe St., 150 Aries Way, 160 Aries Way, and 141, 310, 350, 360, 370, and 380 Altair Way, From Downtown Specific Plan (DSP) Block 1a To DSP Block 1 MOTION: Vice Mayor Smith moved and Councilmember Melton seconded the motion to adopt Ordinance No. 3163-20 to amend the Precise Zoning Map, Zoning Districts Map, to re-designate the Parcel identified by Assessor's Parcel Number 209-07-007, known as 141 Taaffe St., 143 Taaffe St., 150 Aries Way, 160 Aries Way, and 141, 310, 350, 360, 370, and 380 Altair Way, from Downtown Specific Plan (DSP) Block 1a To DSP Block 1. The motion carried with the following vote: Yes: 5 - Vice Mayor Smith Councilmember Hendricks Councilmember Melton Councilmember Goldman Councilmember Fong No: 0 Recused: 2 - Mayor Klein Councilmember Larsson 1.H 20-0767 Adopt Ordinance No. 3164-20 to Approve and Adopt a Development Agreement between the City of Sunnyvale and STC Venture LLC and Related Entities: STC Venture Block B, LLC; STC Venture 200WA, LLC; STC Venture Block 3RWS, LLC; and STC Venture Block 6, LLC MOTION: Vice Mayor Smith moved and Councilmember Melton seconded the motion to adopt Ordinance No. 3164-20 to approve and adopt a development agreement between the City of Sunnyvale and STC Venture LLC and related entities: STC Venture Block B, LLC; STC Venture 200WA, LLC; STC Venture Block 3RWS, LLC; and STC Venture Block 6, LLC. The motion carried with the following vote: City of Sunnyvale Page 7 City Council Meeting Minutes August 25, 2020 Yes: 5 - Vice Mayor Smith Councilmember Hendricks Councilmember Melton Councilmember Goldman Councilmember Fong No: 0 Recused: 2 - Mayor Klein Councilmember Larsson 1.I 20-0768 Adopt Ordinance No. 3165-20 to Approve and Adopt a Development Agreement between the City of Sunnyvale and Martin A. Kasik and Sharon K. Kasik, Trustees of the Kasik Family 1990 Living Trust, Kelley Kasik (a/k/a Kelly Kasik Stahl), an individual, and Kerry Cathleen Kasik, an individual MOTION: Vice Mayor Smith moved and Councilmember Melton seconded the motion to adopt Ordinance No. 3165-20 to approve and adopt a Development Agreement between the City of Sunnyvale and Martin A. Kasik and Sharon K. Kasik, Trustees of The Kasik Family 1990 Living Trust, Kelley Kasik (a/k/a Kelly Kasik Stahl), an individual, and Kerry Cathleen Kasik, an individual. The motion carried with the following vote: Yes: 5 - Vice Mayor Smith Councilmember Hendricks Councilmember Melton Councilmember Goldman Councilmember Fong No: 0 Recused: 2 - Mayor Klein Councilmember Larsson PUBLIC HEARINGS/GENERAL BUSINESS 2 20-0249 Adopt the Active Transportation Plan Transportation and Traffic Manager Dennis Ng provided the staff report and presentation. Public Hearing opened at 9:06 p.m. City of Sunnyvale Page 8 City Council Meeting Minutes August 25, 2020 Richard Mehlinger, Chair, Bicycle and Pedestrian Advisory Commission (BPAC) spoke towards BPAC’s recommendations for the Active Transportation Plan (Plan). Specifically, targeting a 10% increase in active transportation mode share and adopting a lightweight change program for the Plan. Chad spoke towards the recommended Plan goals being inadequate. Tim Oey shared support for BPAC’s recommendations. John Cordes on behalf of Silicon Valley Bicycle Coalition (SVBC) voiced support for Alternative 4 and shared the organization’s recommended modifications. Leia Mehlman communicated support for a lightweight change program, biannual reviews and SVBC’s recommendations. Radhika Agarwal on behalf of Sunnyvale-Silicon Youth Climate Action Team (Action Team) shared support for BPAC’s recommendation of a 1% increase in active transportation mode share per year. Mike Serrone on behalf of Sunnyvale Democratic Club and Livable Sunnyvale voiced support for BPAC’s recommendations. Specifically, a lightweight change program and a 10% increase in active transportation mode share. Annabelle Law, Action Team member communicated support for BPAC’s recommendation of a 10% increase in active transportation mode share. Kaushik Tota, President, Youth Public Policy Institute and Co-Lead, Action Team requested Council consider implementing BPAC’s recommendations when adopting the Plan; specifically, to fill in the gaps in the Complete Bikeway Network. Rathik Murtinity, Youth Public Policy Institute member shared support for BPAC’s recommendations. Specifically, a 1% increase in active transportation mode share per year. Mallory Mitton, Action Team member voiced support for BPAC’s recommendation of gap fillers for bicycles. Dan Hafeman communicated support for Alternative 4 to include completion of City of Sunnyvale Page 9 City Council Meeting Minutes August 25, 2020 low-stress spine network such as Map 9 of the Plan. Beatrice Ho, Action Team member shared support of BPAC’s recommendation regarding pedestrian accessibility and safety. Kristel Wickham requested Council consider implementing recommendations from BPAC and SVBC when adopting the Plan. Naomi Chow, Action Team member voiced support of BPAC’s recommendation of a lightweight change program. Alysa Cisneros, Sunnyvale City Council District 2 Candidate communicated support for BPAC’s recommendation of a 10% increase in active transportation mode share. Jenny Purushotma shared concerns regarding bicycle and pedestrian safety in the Sunnyvale Neighbors of Arbor Including La Linda (SNAIL) neighborhood. Valerie Suares requested Council consider implementing bicycle and pedestrian safety measures such as roundabouts, speed bumps, pedestrian beacons and high visibility crosswalks in the SNAIL neighborhood. Anika Khandavalli voiced support for BPAC’s recommendation related to bike parking at train stations. Peri Plantenberg, Co-Lead Action Team communicated support for BPAC’s recommendation of a lightweight change program. Linda Sell shared support for staff’s recommendations included in Attachment 10 to the report and for a lightweight change program. Dafne Clarke, Action Team members voiced support for BPAC’s recommendation of gap fillers for bicycles. Omar Din, Sunnyvale City Council District 6 Candidate communicated support for BPAC’s recommendations of a 10% increase in active transportation mode share and to create low-stress networks. Sue Serrone shared support for including BPAC’s recommendations in the adopted Plan. City of Sunnyvale Page 10 City Council Meeting Minutes August 25, 2020 Martin Pyne voiced support for bicycle access and infrastructure. Ari Feinsmith requested Council consider implementing recommendations from BPAC and SVBC when adopting the Plan. Public Hearing closed at 10:13 p.m. MOTION: Councilmember Hendricks moved and Councilmember Melton seconded the motion to approve Alternatives 3 and 4: 3. Adopt the Active Transportation Plan (Plan) with modifications, included in Attachment 10 to the report, as proposed by staff subsequent to the Bicycle and Pedestrian Advisory Commission (BPAC) meeting, which will serve as a guide to the development of a comprehensive bicycling and walking system throughout the City; and 4. Incorporate the following modifications: - Include an introduction that provides an overview regarding the purpose and goals of the Plan; - Amend page 205 of the Plan to remove the requirement of Assessment Districts for Selo Drive and Los Arboles Avenue residents; - Amend page 209 of the Plan to reflect that sidewalks will be installed along Poplar Avenue and remove the requirement of an Assessment District; - Include proposed modification BPAC 6a of Attachment 9 to replace Action 1.4 with Land Use and Transportation Element Policy LT-3.22; - Increase the active transportation mode share target from 5% to 10%; and - Include BPAC Modification Sections 3, 4 and 5 (Attachment 9 to the report) as an appendix to the Plan. 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 11 City Council Meeting Minutes August 25, 2020 Council took a recess at 11:01 p.m. and reconvened at 11:10 p.m. with all Councilmembers present via teleconference. 3 20-0609 Proposed Project: Appeal by Laborers’ International Union of North America (LIUNA), Local Union 270, represented by Michael R. Lozeau at Lozeau Drury LLP, of a decision by the Planning Commission to conditionally approve: USE PERMIT for a new six-story hotel with 128 rooms. Location: 1296 Lawrence Station Road (APN: 104-33-012) File #: 2017-8060 Zoning: Industrial and Service (M-S) Applicant / Owner: Baywood Hotels (applicant) / Sunnyvale Holdings LLC (owner) Environmental Review: The project is consistent with the Land Use and Transportation Element (LUTE) of the City’s General Plan and no additional environmental review is required pursuant to CEQA Guidelines Section 15183 and Public Resources Code Section 21083.3. Community Development Assistant Director Andrew Miner provided the staff report and presentation. Public Hearing opened at 11:26 p.m. Michael R. Lozeau, Lozeau Drury LLP, on behalf of Laborers’ International Union of North America (LIUNA), Local Union 270 provided the appellant report. David Burkett, Burkett Architecture and Peter MacDonald, MacDonald Law provided the applicant report and presentation. Public Hearing closed at 11:51 p.m. MOTION: Councilmember Melton moved and Councilmember Larsson seconded the motion to approve Alternative 1: deny the appeal and affirm the Planning Commission's determination to approve the California Environmental Quality Act determination that the project is consistent with the Land Use and Transportation Element (LUTE) of the City's General Plan and no additional environmental review is required as noted in the checklist in Attachment 5 to the report, and approval of the Use Permit subject to the revised recommended conditions of approval in Attachment 4 to the report; with the following modification: City of Sunnyvale Page 12 City Council Meeting Minutes August 25, 2020 - Remove PS-1c: Plant additional trees closer to the hotel that are vertical, genetically large, native species and that grow to a minimum of 75 feet at maturity from the conditions of approval. 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 MOTION: Councilmember Melton moved and Vice Mayor Smith seconded the motion to hear Public Hearing/General Business Agenda Item 4. 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 20-0012 Appoint Applicants to the Housing and Human Services Commission and the Sustainability Commission City Clerk David Carnahan provided the staff report. Public Hearing opened at 12:05 p.m. No speakers. Public Hearing closed at 12:05 p.m. City Clerk David Carnahan conducted random roll call votes, tallied the votes and City of Sunnyvale Page 13 City Council Meeting Minutes August 25, 2020 reported the results as follows: Housing and Human Services Commission (1 vacancy) Omar Din (only preference) Vote: 5-0-2 Benjamin Hylak (1st preference) Vote: 0-0-7 Franklin Lowe (only preference) Vote: 5-0-2 Sustainability Commission (1 vacancy) Gweneth Buckley (only preference) Vote: 4-0-3 Michael Lerman (only preference) Vote: 3-0-4 Tonya Veitch (only preference) Vote: 5-0-2 Agnes Veith (only preference) Vote: 2-0-5 Tonya Veitch was appointed to the Sustainability Commission to serve a term expiring 6/30/2024. MOTION: Councilmember Melton moved and Vice Mayor Smith seconded the motion to appoint Franklin Lowe to the Housing and Human Services Commission to serve a term expiring 6/30/2024. The motion carried with the following vote: City of Sunnyvale Page 14 City Council Meeting Minutes August 25, 2020 Yes: 5 - Mayor Klein Vice Mayor Smith Councilmember Hendricks Councilmember Melton Councilmember Goldman No: 0 Abstain: 2 - Councilmember Larsson Councilmember Fong Franklin Lowe was appointed to the Housing and Human Services Commission to serve a term expiring 6/30/2024. MOTION: Vice Mayor Smith moved and Councilmember Fong seconded the motion to hear the remainder of the agenda item. The motion carried with the following vote: Yes: 4 - Vice Mayor Smith Councilmember Larsson Councilmember Goldman Councilmember Fong No: 3 - Mayor Klein Councilmember Hendricks Councilmember Melton COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Mayor Klein shared his attendance at various Silicon Valley Recovery Roundtable (SVRR) meetings. The SVRR group produced a report that details best policies, processes and practices to take during recovery from the pandemic. He shared is attendance at a Valley Transportation Authority State Route 85 Corridor Policy Advisory Board meeting and details of the Board’s recommendation of a median transit lane dedicated to public transit and shuttle services. Vice Mayor Smith advised she shared updates from the Silicon Valley Clean Energy with Council via email. NON-AGENDA ITEMS & COMMENTS City of Sunnyvale Page 15 City Council Meeting Minutes August 25, 2020 -Council Vice Mayor Smith inquired about the Sunnyvale Masters Swimming program (Masters program) at Fremont High School. City Manager Kent Steffens indicated that staff would be discussing the program and possible options. Councilmember Goldman inquired whom residents should contact to discuss concerns with the Masters program. Mr. Steffens announced that inquiries should be directed to Library and Community Services Director Cherise Brandell. Councilmember Goldman requested staff address bicycle and pedestrian safety concerns in the Sunnyvale Neighbors of Arbor Including La Linda (SNAIL) neighborhood. Mr. Steffens communicated that installation of road impediments such as roundabouts and speed bumps are determined based on several factors. Residents may apply for improvements through the Neighborhood Calming Program. MOTION: Councilmember Fong moved and Vice Mayor Smith seconded the motion to add a discussion topic to a future agenda, later than the October 13, 2020, regarding a three-month pilot program to stream Council meetings on Facebook Live. Councilmember Goldman offered a friendly amendment to have the Council discussion agenda item within the next three months. Councilmember Fong accepted the friendly amendment. The motion carried with the following vote: Yes: 4 - Mayor Klein Vice Mayor Smith Councilmember Goldman Councilmember Fong No: 3 - Councilmember Larsson Councilmember Hendricks Councilmember Melton City of Sunnyvale Page 16 City Council Meeting Minutes August 25, 2020 Councilmember Hendricks sponsored a Study Issue related to rules that can be put into place on drones flying over personal property. Co-sponsored by Mayor Klein and Councilmembers Melton and Goldman. -City Manager City Manager Kent Steffens shared details of Information Only Item 20-0776 update on Sunnyvale Cares program and Information Only Item 20-0761 Department of Library and Community Services name change to Library and Recreation Services. INFORMATION ONLY REPORTS/ITEMS 20-0041 Tentative Council Meeting Agenda Calendar 20-0228 Board/Commission Meeting Minutes 20-0339 Information/Action Items 20-0776 Update on Small Business and Nonprofit Grant Programs (Sunnyvale Cares) (Information Only) 20-0761 Notice of Library and Community Services Department Name Change to Library and Recreation Services (Information Only) ADJOURNMENT Mayor Klein adjourned the meeting at 12:41 p.m. City of Sunnyvale Page 17