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City Council

Regular Meeting

Sunnyvale, CA · August 16, 2022

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Minutes

City of Sunnyvale Meeting Minutes City Council Tuesday, August 16, 2022 6:15 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Board and Commission Interviews - 6:15 PM | Special Meeting: Public Hearing/General Business - 7 PM 6:15 P.M. SPECIAL COUNCIL MEETING (Study 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 August 9, 2022. Mayor Klein 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, and all Councilmembers attended via teleconference. Study Session A 22-0042 Board and Commission Interviews City Clerk David Carnahan provided the staff report. Public Comment opened at 6:17 p.m. No speakers. Public Comment closed at 6:17 p.m. City of Sunnyvale Page 1 City Council Meeting Minutes August 16, 2022 Council interviewed the following applicants for vacancies on boards and commissions: Sue-Ellen Johnson - Heritage Preservation Commission Molly Kauffman - Arts Commission Parthiv Rawal - Board of Building Code Appeals Adjourn Special Meeting Mayor Klein adjourned the meeting at 6:59 p.m. 7 P.M. SPECIAL COUNCIL MEETING (Public Hearing/General Business) 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 August 9, 2022. Mayor Klein called the meeting to order at 7:01 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, and all Councilmembers attended via teleconference. PUBLIC HEARINGS/GENERAL BUSINESS 1 22-0786 Proposed Project: Related applications on a 1.25-acre site: DEVELOPMENT AGREEMENT (DA): Introduction of an Ordinance Approving and Adopting of a DA between the City of Sunnyvale and Gary Thon-Lon Hon and Nichole Ying Lin Hon, as trustees of the Hon Family Trust and Edward H. City of Sunnyvale Page 2 City Council Meeting Minutes August 16, 2022 Leone Jr. LLC SPECIAL DEVELOPMENT PERMIT (SDP): to demolish the existing buildings and construct a new 125,128 square foot four (4) story office building with two (2) levels of underground parking Location: 480 and 490 S. Mathilda Avenue and 355 W. Olive Avenue (APNs: 209-28-008 and 052) File #: 2021-7281 (DA) and 2021-7280 (SDP) Zoning: DSP Block 13 Applicant: Daniel Minkoff, Minkoff Group Owners: Gary Thon-Lon Hon and Nichole Ying Lin Hon, as Trustees of the Hon Family Trust and Edward H. Leone Jr. LLC Environmental Review: A Mitigated Negative Declaration has been prepared in compliance with California Environmental Quality Act (CEQA) provisions and City CEQA Guidelines. Project Planner: Shaunn Mendrin, (408) 730-7431, smendrin@sunnyvale.ca.gov Planning Officer Shaunn Mendrin provided the staff report and presentation. Public Hearing opened at 8:03 p.m. Daniel Minkoff, President, The Minkoff Group provided the applicant report and presentation. Zachary Kaufman requested clarification regarding mass timber construction. Charlie Conrad communicated support for the Project. Kimberly Moya shared concerns regarding the impact of the Project on the neighborhood and the impact to neighbors' backyards. Andy Maloney voiced potential problems the Project may cause for the neighborhood and residents. Bill Weaver communicated agreement with concerns raised during public comment and shared additional concerns. Calvin Shih shared their positive experience working with the project team and City of Sunnyvale Page 3 City Council Meeting Minutes August 16, 2022 support for the Project. Greg Chiocco voiced support for the benefits the Project brings to the City and requested the City use the funding provided by the Project to support the adjacent neighborhood. Kristi Chiocco shared that while the City and the developer benefit from the Project, neighboring residents do not benefit from the Project. Sonal Gupta communicated support for development in Sunnyvale in general but voiced concerns with the Project as a neighbor. Kristian Hayward spoke in support of the Project and a belief the developer adequately addressed community concerns. Mike Johnson, Executive Director, Sunnyvale Downtown Association voiced support for the Project and shared their positive experience working with The Minkoff Group. Stephen Meier shared support for the Project, while raising concerns regarding transportation and potential issues with the Project. Alyssa communicated support for the Project and suggestions on how to address traffic concerns. Nicholeen Nagrodsky-Scott shared concerns with the adequacy of public noticing for the Project and support for knowing how many individuals attend Council meetings virtually. Victor Kasik voiced support for the Project and concern regarding the traffic flow from the proposed parking garage entrance. Laurel Ashcraft communicated concerns of the Project setbacks and how they will affect residents South of the Project. Ray Johnson shared concerns regarding the appropriateness and legality of using a Development Agreement for the Project. Ari Feinsmith, Bike Sunnyvale voiced support for the bicycle infrastructure included City of Sunnyvale Page 4 City Council Meeting Minutes August 16, 2022 in the Project. Dawn Maher, Chief Executive Officer, Sunnyvale Chamber of Commerce communicated the Chamber's support for the Project. Cynthia Johnson requested the applicant install story polls prior to Council's approval and an objection to the Project using a portion of an adjacent parcel to meet driveway visual triangle requirements. Daniel Minkoff, President, The Minkoff Group provided the applicant response to public hearing comments. Megan Zentraf shared support for the Project and its use of mass timber. Public Hearing closed at 9:16 p.m. MOTION: Councilmember Spitaleri moved and Councilmember Melton seconded the motion to approve Alternative 1: Approve the Development Agreement and Special Development Permit: a) Make the findings required by Resolution No. 371-81 (Attachment 3 to the Report); b) Introduce an Ordinance approving and adopting a Development Agreement between the City of Sunnyvale and Gary Thon-Lon Hon and Nichole Ying Lin Hon, as trustees of the Hon Family Trust and Edward H. Leone Jr. LLC (Attachment 2 to the Report); c) Make the required findings to adopt the Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program in accordance with CEQA, and approve the Special Development Permit based on the Recommended Findings in Attachment 4 and Recommended Conditions of Approval in Attachment 5 as recommended by the Planning Commission on July 25, 2022. FRIENDLY AMENDMENT: Mayor Klein offered a friendly amendment replace Condition of Approval PF-6 with: "TRANSPORTATION DEMAND MANAGEMENT (TDM) PROGRAM: The developer shall submit a final TDM for review and approval prior to occupancy of the new building. The TDM plan shall ensure that all parking is maintained on site and, if required, on-site staff shall assist with parking. [PLANNING AND PUBLIC WORKS]." City of Sunnyvale Page 5 City Council Meeting Minutes August 16, 2022 Councilmembers Spitaleri and Melton accepted the friendly amendment. FRIENDLY AMENDMENT: Councilmember Hendricks offered a friendly amendment to grant a deviation from the driveway vision triangle for the trash delivery driveway. Councilmembers Spitaleri and Melton accepted the friendly amendment. City Clerk David Carnahan read the Ordinance title for the record. The motion as amended carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 ADJOURNMENT Mayor Klein adjourned the meeting at 9:51 p.m. City of Sunnyvale Page 6

Agenda

City of Sunnyvale Notice and Agenda City Council Tuesday, August 16, 2022 6:15 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Board and Commission Interviews - 6:15 PM | Special Meeting: Public Hearing/General Business - 7 PM Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/96111580540 Special Teleconference Notice 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 Government Code Subdivision 54953(e) and Resolution No. 1089-21 (reaffirmed August 9, 2022) Public Participation • 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 (*9 to request to speak | *6 to unmute/mute) • Watch the City Council meeting at http://youtube.com/SunnyvaleMeetings or on television over Comcast Channel 15, AT&T Channel 99 • Submit written comments to the City Council no later than 4 hours prior to the meeting start to council@sunnyvale.ca.gov or by mail to: City Clerk, 603 All America Way, Sunnyvale, CA 94086 • Review recordings of this meeting and past meetings at https://sunnyvaleca.legistar.com/calendar.aspx or http://youtube.com/SunnyvaleMeetings City of Sunnyvale Page 1 Printed on 8/11/2022 City Council Notice and Agenda August 16, 2022 Accessibility/Americans with Disabilities Act (ADA) Notice Pursuant to the Americans with Disabilities Act (ADA), if you need special assistance to provide public comment, or 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)). 6:15 P.M. SPECIAL COUNCIL MEETING (Study Session) Call to Order Call to Order via teleconference. Roll Call Study Session 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. A 22-0042 Board and Commission Interviews Adjourn Special Meeting 7 P.M. SPECIAL COUNCIL MEETING (Public Hearing/General Business) 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 PUBLIC HEARINGS/GENERAL BUSINESS If you wish to speak to a public hearing/general business item, please refer to City of Sunnyvale Page 2 Printed on 8/11/2022 City Council Notice and Agenda August 16, 2022 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. 1 22-0786 Proposed Project: Related applications on a 1.25-acre site: DEVELOPMENT AGREEMENT (DA): Introduction of an Ordinance Approving and Adopting of a DA between the City of Sunnyvale and Gary Thon-Lon Hon and Nichole Ying Lin Hon, as trustees of the Hon Family Trust and Edward H. Leone Jr. LLC SPECIAL DEVELOPMENT PERMIT (SDP): to demolish the existing buildings and construct a new 125,128 square foot four (4) story office building with two (2) levels of underground parking Location: 480 and 490 S. Mathilda Avenue and 355 W. Olive Avenue (APNs: 209-28-008 and 052) File #: 2021-7281 (DA) and 2021-7280 (SDP) Zoning: DSP Block 13 Applicant: Daniel Minkoff, Minkoff Group Owners: Gary Thon-Lon Hon and Nichole Ying Lin Hon, as Trustees of the Hon Family Trust and Edward H. Leone Jr. LLC Environmental Review: A Mitigated Negative Declaration has been prepared in compliance with California Environmental Quality Act (CEQA) provisions and City CEQA Guidelines. Project Planner: Shaunn Mendrin, (408) 730-7431, smendrin@sunnyvale.ca.gov City of Sunnyvale Page 3 Printed on 8/11/2022 City Council Notice and Agenda August 16, 2022 Recommendation: Alternative 1: Approve the Development Agreement and Special Development Permit a) Make the findings required by Resolution No. 371-81 (Attachment 3 to the Report). b) Introduce an Ordinance Approving and Adopting a Development Agreement between the City of Sunnyvale and Gary Thon-Lon Hon and Nichole Ying Lin Hon, as trustees of the Hon Family Trust and Edward H. Leone Jr. LLC (Attachment 2 to the Report). c) Make the required Findings to adopt the Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program in accordance with CEQA, and approve the Special Development Permit based on the Recommended Findings in Attachment 4 and Recommended Conditions of Approval in Attachment 5 as recommended by the Planning Commission on July 25, 2022. 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 90-day deadline for the filing of any lawsuit challenging final action on City of Sunnyvale Page 4 Printed on 8/11/2022 City Council Notice and Agenda August 16, 2022 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. Upcoming Meetings Visit https://sunnyvaleca.legistar.com for upcoming Council, board and commission meeting information. City of Sunnyvale Page 5 Printed on 8/11/2022

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