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City Council

Regular Meeting

Sunnyvale, CA · June 15, 2021

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Minutes

City of Sunnyvale Meeting Minutes City Council Tuesday, June 15, 2021 6:00 PM Telepresence Meeting: City Web Stream | AT&T Channel 99 | Comcast Channel 15 Special Meeting: Closed 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) 6 P.M. SPECIAL COUNCIL MEETING (Closed Session) Call to Order Pursuant to Section 3 of Executive Order N-29-20 (March 17, 2020) and Section 42 of Executive Order N-08-21 (June 11, 2021), issued by Governor Newsom, the meeting was conducted telephonically. Mayor Klein called the meeting to order at 6:02 p.m. via teleconference. Roll Call Present: 7 - Mayor Larry Klein Vice Mayor Glenn Hendricks Councilmember Gustav Larsson Councilmember Russ Melton Councilmember Mason Fong Councilmember Alysa Cisneros Councilmember Omar Din Mayor Klein, Vice Mayor Hendricks and all Councilmembers attended via teleconference. City Attorney John Nagel stated Closed Session Agenda Item A relates to his employment agreement, he recused himself due to this conflict of interest, and left the teleconference meeting at 6:04 p.m. Public Comment Public Comment opened at 6:04 p.m. No speakers City of Sunnyvale Page 1 City Council Meeting Minutes June 15, 2021 Public Comment closed at 6:04 p.m. Convene to Closed Session A 21-0553 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 B 21-0558 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 Employee organization: Service Employees International Union (SEIU) Adjourn Special Meeting Mayor Klein adjourned the meeting at 6:38 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Pursuant to Section 3 of Executive Order N-29-20 (March 17, 2020) and Section 42 of Executive Order N-08-21 (June 11, 2021), issued by Governor Newsom, the meeting was conducted telephonically. Mayor Klein called the meeting to order at 7:00 p.m. via teleconference. ROLL CALL Present: 7 - Mayor Larry Klein Vice Mayor Glenn Hendricks Councilmember Gustav Larsson Councilmember Russ Melton Councilmember Mason Fong Councilmember Alysa Cisneros Councilmember Omar Din City of Sunnyvale Page 2 City Council Meeting Minutes June 15, 2021 Mayor Klein, Vice Mayor Hendricks and all Councilmembers attended via teleconference. CLOSED SESSION REPORT Vice Mayor Hendricks 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 Unrepresented employee: City Attorney; nothing to report. Vice Mayor Hendricks 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, Employee organization: Service Employees International Union (SEIU); nothing to report. SPECIAL ORDER OF THE DAY C 21-0163 Immigrant Heritage Month Mayor Klein read a proclamation in honor of Immigrant Heritage Month. Maricela Gutierrez, Executive Director, SIREN spoke towards the proclamation. ORAL COMMUNICATIONS Councilmember Fong announced that COVID-19 testing availability at the Sunnyvale Murphy Park Building has ceased due to low demand. He shared details of COVID-19 testing availability via Santa Clara County; COVID-19 vaccination availability at the Sunnyvale vaccination center and vaccination availability via Santa Clara County. CONSENT CALENDAR MOTION: Vice Mayor Hendricks moved and Councilmember Larsson seconded the motion to approve agenda items 1.A through 1.E. The motion carried with the following vote: City of Sunnyvale Page 3 City Council Meeting Minutes June 15, 2021 Yes: 7 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton Councilmember Fong Councilmember Cisneros Councilmember Din No: 0 1.A 21-0251 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Approve the list(s) of claims and bills. 1.B 21-0463 Adopt a Resolution to Approve Road Maintenance and Rehabilitation Proposed Projects List for the Road Repair and Accountability Act of 2017 - Local Streets and Roads (SB1) Funding Program Adopt a Resolution to approve the road maintenance and rehabilitation updated proposed projects list for the Road Repair and Accountability Act of 2017 - Local Streets and Roads Funding Program and find the action exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b) (4) as it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment. 1.C 21-0602 Approve Sole Source Contracts for Adult and Youth Workforce Development Services in San Mateo County Approve sole source contracts for adult and youth workforce development services and authorized the City Manager to execute agreements with the Central Labor Council Partnership for an amount not to exceed $750,000 and with JobTrain for an amount not to exceed $378,000, both with a term of July 1, 2021 through June 30, 2022. 1.D 21-0571 Appoint David Bini and Nelson Leonor to the NOVA Workforce Board Appoint David Bini and Nelson Leonor to the NOVA Workforce Board. 1.E 21-0665 Adopt Ordinance No. 3177-21 Approving and Adopting a Post Entitlement Development Agreement Between the City of City of Sunnyvale Page 4 City Council Meeting Minutes June 15, 2021 Sunnyvale and Sunnyvale Partners Ltd. Adopt Ordinance No. 3177-21 approving and adopting a post entitlement development agreement between the City of Sunnyvale and Sunnyvale Partners Ltd. 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 (March 17, 2020) and Section 42 of Executive Order N-08-21 (June 11, 2021), issued by Governor Newsom, the meeting was conducted telephonically. Authority Chair / Mayor Klein called the joint City Council and Sunnyvale Financing Authority meeting to order at 7:10 p.m. via teleconference. ROLL CALL Present: 7 - Authority Chair / Mayor Larry Klein Authority Vice Chair / Vice Mayor Glenn Hendricks Authority Member / Councilmember Gustav Larsson Authority Member / Councilmember Russ Melton Authority Member / Councilmember Mason Fong Authority Member / Councilmember Alysa Cisneros Authority Member / Councilmember Omar Din Authority Chair / Mayor Klein, Authority Vice Chair / Vice Mayor Hendricks and all Authority Members / Councilmembers attended via teleconference. PUBLIC COMMENT (ON SPECIAL MEETING ITEMS ONLY) Public Comment opened at 7:12 p.m. Ari Feinsmith voiced support for Study Issue DPW 21-03. Public Comment closed at 7:13 p.m. CONSENT CALENDAR MOTION: Authority Vice Chair Hendricks moved and Authority Member Larsson seconded the motion to approve agenda item 2.A. The motion carried with the following vote: City of Sunnyvale Page 5 City Council Meeting Minutes June 15, 2021 Yes: 7 - Authority Chair Klein Authority Vice Chair Hendricks Authority Member Larsson Authority Member Melton Authority Member Fong Authority Member Cisneros Authority Member Din No: 0 2.A 21-0601 Approve the Joint City Council and Sunnyvale Financing Authority Meeting Minutes of June 8, 2021 Approve the joint City Council and Sunnyvale Financing Authority meeting minutes of June 8, 2021 as submitted. PUBLIC HEARINGS/GENERAL BUSINESS 3 21-0213 City Council Adoption of the FY 2021/22 Budget, Fee Schedule and Appropriations Limit, and Sunnyvale Financing Authority Adoption of the FY 2021/22 Budget Finance Director Tim Kirby, Public Works Director Chip Taylor and Deputy City Manager Jaqui Guzmán provided the staff report. Public Hearing opened at 8:18 p.m. No speakers. Public Hearing closed at 8:18 p.m. City Council: MOTION: Councilmember Melton moved and Councilmember Fong seconded the motion to approve Alternative 3: Adopt the resolutions specified in Alternative 1 with amendments to the FY 2021/22 Budget, including the following two items: A) Moving the Corn Palace Park Development project 834330 forward to FY 2022/23 with a target park opening date of December 31, 2024 or earlier; and B) The hiring of a term-limited Manager of Equity, Access and Inclusion to expire on June 30, 2023 with the accompanying expenditure increase to be drawn from the appropriate General Fund reserves. FRIENDLY AMENDMENT: Vice Mayor Hendricks offered a friendly amendment to remove from the motion the budget supplement items and vote on those separately. City of Sunnyvale Page 6 City Council Meeting Minutes June 15, 2021 Councilmember Melton declined to accept the friendly amendment. AMENDED MOTION: Councilmember Melton amended the motion to include the deferral of three projects: - Shift the Park Buildings - Rehabilitation project 818550 out by two years; - Shift the Downtown Wayfinding and Gateways project 826800 out by two years; and - Move Emergency Generator Installation project 830580 funding from FY 2022/23 and combine it with the funding in FY 2024/25 to create a larger project in FY 2024/25. Councilmember Fong accepted the amended motion. The motion as amended carried with the following vote: Yes: 4 - Councilmember Melton Councilmember Fong Councilmember Cisneros Councilmember Din No: 3 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Financing Authority: MOTION: Authority Member Melton moved and Authority Vice Chair Hendricks seconded the motion to approve Alternative 2: Adopt the FY 2021/22 Budget Resolution (Sunnyvale Financing Authority) presented as Attachment 4 to the report. The motion carried with the following vote: Yes: 7 - Authority Chair Klein Authority Vice Chair Hendricks Authority Member Larsson Authority Member Melton Authority Member Fong Authority Member Cisneros Authority Member Din No: 0 ADJOURN SPECIAL MEETING City of Sunnyvale Page 7 City Council Meeting Minutes June 15, 2021 Authority Chair / Mayor Klein adjourned the joint City Council and Sunnyvale Financing Authority meeting at 9:01 p.m. RECONVENE TO CITY COUNCIL MEETING Mayor Klein reconvened the City Council Meeting at 9:01 p.m. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS NON-AGENDA ITEMS & COMMENTS Councilmember Larsson provided an update regarding various water reduction targets from water providers in the Bay Area and that these providers are coordinating messaging to minimize confusion for customers. Vice Mayor Hendricks reported Valley Transportation Authority is working towards resuming light rail operations and continues to offer counseling services for its employees and their families following the rail yard shooting. He announced a memorial service is being planned. -Council None. -City Manager None. INFORMATION ONLY REPORTS/ITEMS 21-0598 Tentative Council Meeting Agenda Calendar 21-0599 Board/Commission Meeting Minutes 21-0600 Information/Action Items ADJOURNMENT Mayor Klein adjourned the meeting at 9:07 p.m. City of Sunnyvale Page 8

Agenda

City of Sunnyvale Notice and Agenda City Council Tuesday, June 15, 2021 6:00 PM Telepresence Meeting: City Web Stream | AT&T Channel 99 | Comcast Channel 15 Special Meeting: Closed 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) https://sunnyvale-ca-gov.zoom.us/j/96111580540 Because of the COVID-19 emergency and the “shelter in place” orders issued by Santa Clara County and the State of California, this meeting of the Sunnyvale City Council 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&T Channel 99, at http://youtube.com/SunnyvaleMeetings 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 City of Sunnyvale Page 1 Printed on 6/10/2021 City Council Notice and Agenda June 15, 2021 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)). 6 P.M. SPECIAL COUNCIL MEETING (Closed Session) Call to Order Call to Order via teleconference. Roll Call 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. Convene to Closed Session A 21-0553 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 B 21-0558 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 Employee organization: Service Employees International Union (SEIU) 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 City of Sunnyvale Page 2 Printed on 6/10/2021 City Council Notice and Agenda June 15, 2021 of the meeting. CALL TO ORDER Call to Order in the Council Chambers (Open to the Public) ROLL CALL CLOSED SESSION REPORT SPECIAL ORDER OF THE DAY C 21-0163 Immigrant Heritage 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 this section. CONSENT CALENDAR All matters listed on the consent calendar are considered to be routine and will be acted upon by one motion. There will be no separate discussion of these items. If a member of the public would like a consent calendar item pulled and discussed separately, please refer to the notice at the beginning of this agenda. 1.A 21-0251 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.B 21-0463 Adopt a Resolution to Approve Road Maintenance and Rehabilitation Proposed Projects List for the Road Repair and Accountability Act of 2017 - Local Streets and Roads (SB1) Funding Program City of Sunnyvale Page 3 Printed on 6/10/2021 City Council Notice and Agenda June 15, 2021 Recommendation: Adopt a Resolution to Approve the Road Maintenance and Rehabilitation Updated Proposed Projects List for the Road Repair and Accountability Act of 2017 - Local Streets and Roads Funding Program and find the action exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15378(b)(4) as it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment. 1.C 21-0602 Approve Sole Source Contracts for Adult and Youth Workforce Development Services in San Mateo County Recommendation: Approve sole source contracts for adult and youth workforce development services and authorized the City Manager to execute agreements with the Central Labor Council Partnership for an amount not to exceed $750,000 and with JobTrain for an amount not to exceed $378,000, both with a term of July 1, 2021 through June 30, 2022. 1.D 21-0571 Appoint David Bini and Nelson Leonor to the NOVA Workforce Board Recommendation: Appoint David Bini and Nelson Leonor to the NOVA Workforce Board. 1.E 21-0665 Adopt Ordinance No. 3177-21 Approving and Adopting a Post Entitlement Development Agreement Between the City of Sunnyvale and Sunnyvale Partners Ltd. Recommendation: Adopt Ordinance No. 3177-21 approving and adopting a Post Entitlement Development Agreement between the City of Sunnyvale and Sunnyvale Partners Ltd. 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) City of Sunnyvale Page 4 Printed on 6/10/2021 City Council Notice and Agenda June 15, 2021 The public may provide comments regarding the Special Meeting item(s). If you wish to address the City Council and Financing Authority, please refer to the notice at the beginning of this agenda. 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. 2.A 21-0601 Approve the Joint City Council and Sunnyvale Financing Authority Meeting Minutes of June 8, 2021 Recommendation: Approve the Joint City Council and Sunnyvale Financing Authority Meeting Minutes of June 8, 2021 as submitted. 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. 3 21-0213 City Council Adoption of the FY 2021/22 Budget, Fee Schedule and Appropriations Limit, and Sunnyvale Financing Authority Adoption of the FY 2021/22 Budget Recommendation: City Council: Staff recommends Alternatives 1: Adopt the resolutions presented as Attachment 1 (including Exhibit A), Attachment 2 (including Exhibits A through D), and Attachment 3 (including Exhibit A) to the report that provide for the adoption of the FY 2021/22 Fee Schedule, Budget, and Appropriations Limit. Sunnyvale Financing Authority: Staff recommends Alternative 2: Adopt the FY 2021/22 Budget Resolution (Sunnyvale Financing Authority) presented as Attachment 4 to the report. ADJOURN SPECIAL MEETING RECONVENE TO CITY COUNCIL MEETING City of Sunnyvale Page 5 Printed on 6/10/2021 City Council Notice and Agenda June 15, 2021 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. 21-0598 Tentative Council Meeting Agenda Calendar 21-0599 Board/Commission Meeting Minutes 21-0600 Information/Action Items ADJOURNMENT NOTICE TO THE PUBLIC The agenda reports to council (RTCs) may be viewed on the City’s website at sunnyvale.ca.gov after 7 p.m. on Thursdays or in the Office of the City Clerk located at 603 All America Way, prior to Tuesday City Council meetings. Any agenda related writings or documents distributed to members of the City of Sunnyvale City Council regarding any open session item on this agenda will be made available for public inspection in the Office of the City Clerk located at 603 All America Way, during normal business hours and in the Council Chamber on the evening of the Council Meeting, pursuant to Government Code §54957.5. Please 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 City of Sunnyvale Page 6 Printed on 6/10/2021 City Council Notice and Agenda June 15, 2021 90-day deadline for the filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure 1094.5. Planning a presentation for a City Council meeting? To help you prepare and deliver your public comments, please review the "Making Public Comments During City Council or Planning Commission Meetings" available at http://Sunnyvale.ca.gov/PublicComments Planning to provide materials to Council? If you wish to provide the City Council with copies of your presentation materials, please provide 12 copies of the materials to the Office of the City Clerk. The City Clerk will distribute your items to the Council following the meeting. Upcoming Meetings Visit https://sunnyvaleca.legistar.com for upcoming Council, board and commission meeting information. City of Sunnyvale Page 7 Printed on 6/10/2021

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