City Council

City of Sunnyvale Meeting Minutes - Final City Council Tuesday, June 21, 2022 6:15 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Closed Session - 6:15 PM | Regular Meeting - 7 PM | Special Joint Meeting of the City Council and Sunnyvale Financing Authority - 7 PM (or soon thereafter) 6:15 P.M. SPECIAL COUNCIL MEETING (Closed Session) Call to Order Pursuant to Government Code Subdivision 54953(e), the meeting was conducted telephonically; pursuant to state law, the City Council made the necessary findings by adopting Resolution No. 1089-21, reaffirmed on May 24, 2022. Vice Mayor Cisneros called the meeting to order at 6:15 p.m. via teleconference. Roll Call Present: 7 - Mayor Larry Klein Vice Mayor Alysa Cisneros Councilmember Gustav Larsson Councilmember Glenn Hendricks Councilmember Russ Melton Councilmember Omar Din Councilmember Anthony (Tony) Spitaleri Mayor Klein, Vice Mayor Cisneros and all Councilmembers attended via teleconference. Public Comment Public Comment opened at 6:18 p.m. No speakers. Public Comment closed at 6:18 p.m. Convene to Closed Session A 22-0645 Closed Session held pursuant to California Government Code City of Sunnyvale Page 1 City Council Meeting Minutes - Final June 21, 2022 Section 54956.9: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of cases: H. Rivera et al. v. City of Sunnyvale et al., Santa Clara County Superior Court, Case No. 2013-1-CV-24093 and Casa de Amigos Investments Ltd. v. City of Sunnyvale, Santa Clara County Superior Court, Case No. 18CV321477 Adjourn Special Meeting Vice Mayor Cisneros adjourned the meeting at 6:53 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Pursuant to Government Code Subdivision 54953(e), the meeting was conducted telephonically; pursuant to state law, the City Council made the necessary findings by adopting Resolution No. 1089-21, reaffirmed on May 24, 2022. Mayor Klein called the meeting to order at 7:00 p.m. via teleconference. ROLL CALL Present: 7 - Mayor Larry Klein Vice Mayor Alysa Cisneros Councilmember Gustav Larsson Councilmember Glenn Hendricks Councilmember Russ Melton Councilmember Omar Din Councilmember Anthony (Tony) Spitaleri Mayor Klein, Vice Mayor Cisneros and all Councilmembers attended via teleconference. CLOSED SESSION REPORT Vice Mayor Cisneros 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 cases: H. Rivera et al. v. City of Sunnyvale et al., Santa Clara County Superior Court, Case No. 20131CV24093 and Casa de Amigos Investments City of Sunnyvale Page 2 City Council Meeting Minutes - Final June 21, 2022 Ltd. v. City of Sunnyvale, Santa Clara County Superior Court, Case No. 18CV321477; nothing to report. ORAL COMMUNICATIONS Member of the public shared a suggestion on how to describe the frontage on El Camino Real. Brent Davidson, Intuitive Surgical announced the upcoming Stars and Strides 10K/5K and Kids Fun Run. Jimmy Apffel, Government and Community Relations Coordinator, Bloom Energy spoke on the upcoming Stars and Strides run. CONSENT CALENDAR Public Comment opened at 7:11 p.m. No Speakers. Public Comment closed at 7:11 p.m. MOTION: Vice Mayor Cisneros moved and Councilmember Din 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 Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 1.A 22-0047 Approve City Council Meeting Minutes of June 7, 2022 Approve the City Council Meeting Minutes of June 7, 2022 as submitted. 1.B 22-0180 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Approve the list(s) of claims and bills. City of Sunnyvale Page 3 City Council Meeting Minutes - Final June 21, 2022 1.C 22-0465 Fiscal Year (FY) 2022-23 Compensation to Bay Counties Waste Services, Inc. (dba Specialty, Inc.) for Collection of Solid Waste, Recyclables and Organic Materials Approve FY 2022/23 compensation of $27,147,201 (revised amount) to BCWS for collection of solid waste, recyclables and organic materials. 1.D 22-0644 Approve Contract Awards for Adult and Youth Workforce Development Services in San Mateo County Approve the award of contracts for adult and youth workforce development services and authorize the City Manager to execute agreements with CLCP for adult and dislocated worker services in an amount not to exceed $700,000 ($350,000 for WIOA adults and $350,000 for WIOA dislocated workers) and with JobTrain for youth services in an amount not to exceed $378,000, with a contract term starting July 1, 2022 and ending June 30, 2023 and authorize the City Manager to renew the contracts for up to three additional years based on performance results acceptable to the City and available funding. 1.E 22-0037 Accept the Community Resilience Grant of $327,680 from Silicon Valley Clean Energy and Authorize the City Manager to Execute the Community Resilience Program - Capital Projects Grant Agreement; Approve Budget Modification No. 24 in the Amount of $327,680 to Provide Reimbursable Grant Funding for Procurement and Installation of Four (4) Solar-Powered, Portable Electric Vehicle Charging System Units at Four (4) City-Owned Sites; Authorize the Issuance of a Purchase Order to Beam Global for Four (4) Solar-Powered Portable Charging Systems (F22-143); and Make a Finding of a Categorical Exemption Pursuant to the California Environmental Quality Act - Accept the Community Resilience Grant of $327,680 from Silicon Valley Clean Energy and authorize the City Manager to execute the Community Resilience Program - Capital Projects Grant Agreement; - Create a new capital project and approve Budget Modification No. 24 in the amount of $327,680 to appropriate reimbursable grant funding for the procurement and installation of four (4) Solar-Powered Portable Electric Vehicle Charging System units at four central City-owned locations; - Authorize the issuance of a Purchase Order to Beam Global in the amount of $327,680.00 (including estimated sales tax) for the purchase of four (4) Solar-Powered Portable Charging Systems; and City of Sunnyvale Page 4 City Council Meeting Minutes - Final June 21, 2022 - Make a finding of a categorical exemption pursuant to California Environmental Quality Act Guidelines Sections 15303 and 15311. 1.F 22-0518 Authorize the City Manager to Execute Easement Deeds with Level 3 Communications and Pacific Bell Telephone Company Group Over a Portion of City Owned Parcels, Known as the Civic Center (APN 165-02-003 and APN 165-02-001) Authorize the City Manager to execute Easements Deeds with Level 3 Communications, LLC (Lumen) and Pacific Bell Telephone Company Group (AT&T) for public utility purposes over a portion of City-Owned Parcels, known as the Civic Center (APN 165-02-003 and APN 165-02-001). 1.G 22-0658 Authorize the City Manager or Designee to Execute a Form B - Joint Trench Shared Cost Agreement with PG&E for the Rule 20A Wolfe Road Utility Undergrounding Project Authorize the City Manager or his designee to execute a Form B - Joint Trench Cost Share Agreement with Pacific Gas & Electric for the Rule 20A Wolfe Road Utility Undergrounding Project. 1.H 22-0642 Reconsider and Affirm Resolution No. 1089-21; and Make Findings Pursuant to Government Code Section 54953(e) (AB 361) to Continue Virtual Public Meetings for the City Council and Boards, Commissions and Council Subcommittees During the COVID-19 State of Emergency Affirm Resolution 1089-21; and make findings pursuant to Government Code Section 54953(e) (AB 361) to continue virtual public meetings for the City Council and Boards, Commissions and Council Subcommittees during the COVID-19 State of Emergency: 1. The City Council hereby finds that the state of emergency conditions related to COVID-19, as set forth in Resolution No. 1115-22 adopted on May 3, 2022 and incorporated herein by reference, are on-going; 2. The City Council finds that there is a need to continue teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency; and 3. The City Council finds that the state of emergency continues to directly impact the ability of members of the City Council, Council Standing Committees, and City Boards and Commissions to meet safely in person. City of Sunnyvale Page 5 City Council Meeting Minutes - Final June 21, 2022 1.I 22-0684 Ratify Mayor Larry Klein’s Appointment to Serve as an Alternate to Mayor Patrick Burt, City of Palo Alto, Representing the South Bay on the San Francisco Bay Conservation and Development Commission Ratify Mayor Larry Klein’s appointment to serve as an Alternate to Mayor Patrick Burt, City of Palo Alto, representing the South Bay on the San Francisco Bay Conservation and Development Commission. ADJOURNMENT TO JOINT SPECIAL MEETING OF THE SUNNYVALE FINANCING AUTHORITY Mayor Klein adjourned the Council meeting to the Joint Meeting of the City Council and Sunnyvale Financing Authority at 7:12 p.m. Call to Order Pursuant to Government Code Subdivision 54953(e), the meeting was conducted telephonically; pursuant to state law, the City Council made the necessary findings by adopting Resolution No. 1089-21; the Financing Authority made the necessary findings by adopting Resolution No. 1105-22FA, both reaffirmed on May 24, 2022. Authority Chair / Mayor Klein called the joint City Council and Sunnyvale Financing Authority meeting to order at 7:12 p.m. via teleconference. Roll Call Present: 7 - Authority Chair / Mayor Larry Klein Authority Vice Chair / Vice Mayor Alysa Cisneros Authority Member / Councilmember Gustav Larsson Authority Member / Councilmember Glenn Hendricks Authority Member / Councilmember Russ Melton Authority Member / Councilmember Omar Din Authority Member / Councilmember Anthony “Tony” Spitaleri Authority Chair / Mayor Klein, Authority Vice Chair / Vice Mayor Cisneros and all Authority Members / Councilmembers attended via teleconference. Consent Calendar Public Hearing opened at 7:14 p.m. No Speakers. Public Hearing closed at 7:14 p.m. City of Sunnyvale Page 6 City Council Meeting Minutes - Final June 21, 2022 MOTION: Authority Vice Chair Cisneros moved and Authority Member Larsson seconded the motion to approve agenda items 2.A. through 2.B. The motion carried with the following vote: Yes: 7 - Authority Chair Klein Authority Vice Chair Cisneros Authority Member Larsson Authority Member Hendricks Authority Member Melton Authority Member Din Authority Member Spitaleri No: 0 2.A 22-0085 Approve Sunnyvale Financing Authority Meeting Minutes of June 7, 2022 Approve the Sunnyvale Financing Authority Meeting Minutes of June 7, 2022 as submitted. 2.B 22-0643 Reconsider and Affirm Resolution No. 1105-22FA; and Make Findings Pursuant to Government Code Section 54953(e) (AB 361) to Continue Virtual Public Meetings for the Sunnyvale Financing Authority During the COVID-19 State of Emergency Affirm Resolution 1105-22FA; and make findings pursuant to Government Code Section 54953(e) (AB 361) to continue virtual public meetings for the Financing Authority during the COVID-19 State of Emergency: 1. The Financing Authority Board has found and determined that the state of emergency conditions related to COVID-19, as set forth in City of Sunnyvale Resolution No. 1115-22 adopted on May 3, 2022, and incorporated herein by reference, are on-going; 2. The Financing Authority Board finds that there is a need to continue teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency; and 3. The Financing Authority Board finds that the state of emergency continues to directly impact the ability of members of the Financing Authority to meet safely in person. City of Sunnyvale Page 7 City Council Meeting Minutes - Final June 21, 2022 PUBLIC HEARINGS/GENERAL BUSINESS 3 22-0218 City Council Adoption of the Fiscal Year (FY) 2022/23 Budget, Fee Schedule and Appropriations Limit, and Sunnyvale Financing Authority Adoption of the FY 2022/23 Budget Finance Director Tim Kirby provided the staff report. Public Hearing opened at 7:19 p.m. No Speakers. Public Hearing closed at 7:19 p.m. City Council: MOTION: Councilmember Melton moved and Vice Mayor Cisneros seconded the motion to approve Alternative 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 2022/23 Fee Schedule, Budget, and Appropriations Limit. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 Sunnyvale Financing Authority: MOTION: Authority Member Melton moved and Authority Vice Chair Cisneros seconded the motion to approve Alternative 2: Adopt the FY 2022/23 Budget Resolution (Sunnyvale Financing Authority) presented as Attachment 4 to the report. The motion carried with the following vote: City of Sunnyvale Page 8 City Council Meeting Minutes - Final June 21, 2022 Yes: 7 - Authority Chair Klein Authority Vice Chair Cisneros Authority Member Larsson Authority Member Hendricks Authority Member Melton Authority Member Din Authority Member Spitaleri No: 0 ADJOURN JOINT CITY COUNCIL/SUNNYVALE FINANCING AUTHORITY MEETING Authority Chair / Mayor Klein adjourned the joint City Council and Sunnyvale Financing Authority meeting at 7:27 p.m. RECONVENE TO CITY COUNCIL MEETING Mayor Klein reconvened the City Council Meeting at 7:27 p.m. PUBLIC HEARINGS/GENERAL BUSINESS 4 22-0646 Consider Approval of the Draft 2023-2031 Housing Element and Submittal of the Draft to California Department of Housing and Community Development (HCD) for Review Housing Officer Jenny Carloni and Chelsey Payne, Director of Urban Design and Planning, Ascent Environmental provided the staff report and presentation. Public Hearing opened at 8:42 p.m. Julia Liu, Livable Sunnyvale communicated support for their suggested policies to address increased density and the number of sites for additional housing. Member of the public questioned why council was considering approving the draft Housing Element before the El Camino Real Specific Plan. Leia Mehlman shared support for housing solutions centered around the El Camino Real and downtown area and relying less on the Moffett Park Plan as the primary housing solution. Diane Gleason communicated support for the Draft Housing Element to include higher density housing in Southern Sunnyvale. City of Sunnyvale Page 9 City Council Meeting Minutes - Final June 21, 2022 Agnes Veith, Co-Chair, Housing Element Committee, Livable Sunnyvale voiced support for the Housing Elements inclusion of high-density housing in village centers. Chuck Fraleigh, Livable Sunnyvale shared concerns regarding income disparities between North versus South Sunnyvale and offered a suggestion to increase Goal H.2 (Affordable Housing and Homebuyer Assistance) as a potential remedy. Zoe Ziegel, Greenbelt Alliance reiterated positions from a letter submitted to Council from Greenbelt Alliance regarding parking minimums on new housing developments and requirements on open space and parking. Angela Rausch, Livable Sunnyvale voiced support for Livable Sunnyvale’s suggestions and shared experiences working a church helpline and building an accessory dwelling unit on their property. Richard Mehlinger communicated support for Livable Sunnyvale’s proposal and shared their concerns of the lack of affordable housing in Southern Sunnyvale. Kenneth Rosales, Silicon Valley@Home announced they will be submitting a letter to the City regarding their opinions on the Housing Element Draft and shared the main points of the forthcoming letter. Gail Rubino, Livable Sunnyvale communicated an urgent need for additional subsidized housing projects. Linda Sell shared this is a draft Housing Element and there will be a time to reconsider elements of the Plan. Public Hearing closed at 9:08 p.m. MOTION: Councilmember Hendricks moved and Councilmember Melton seconded the motion to approve the Draft Housing Element as shown in Attachment 2, authorize staff to make final modifications based on Commissioner feedback (including adding additional language about Moffett Park Specific Plan (MPSP) as it finalizes, reviewing homeless policies, adding language regarding overcrowding, updating data sources if available, reviewing implementation timelines to meet actual staff capacity or projects underway), and authorize staff to submit the Draft City of Sunnyvale Page 10 City Council Meeting Minutes - Final June 21, 2022 Housing Element to the California Department of Housing and Community Development for review, including information contained in the June 17 Supplemental Memorandum (Attachment 7 to the report). The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Councilmember Hendricks reported on transit related statewide legislation; Assemblymember Berman dropped Bill Assembly Bill (AB) 2181 (Santa Clara Valley Transportation Authority: board of directors) and Bill SB 917 (Seamless Transit Transformation Act) is being reworked to address local concerns. NON-AGENDA ITEMS & COMMENTS -Council None. -City Manager City Manager Kent Steffens shared his recent visit to the new City park at the old (Advanced Micro Devices) AMD headquarters site and announced the upcoming formal grand opening. INFORMATION ONLY REPORTS/ITEMS 22-0552 Tentative Council Meeting Agenda Calendar 22-0553 Board/Commission Meeting Minutes 22-0554 Information/Action Items 22-0660 Board/Commission Resignation (Information Only) City of Sunnyvale Page 11 City Council Meeting Minutes - Final June 21, 2022 ADJOURNMENT Mayor Klein adjourned the meeting at 9:39 p.m. City of Sunnyvale Page 12