City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, October 13, 2020 5:00 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 Special Meeting: Closed Session - 5 PM | Special Meeting: Study Session - 5:30 PM | Regular Meeting - 7 PM | Regular Joint Meeting of the City Council and the Sunnyvale Financing Authority - 7 PM (or as soon thereafter as the matter may be heard) 5 P.M. SPECIAL COUNCIL MEETING (Closed Session) Call to Order Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, the meeting was conducted telephonically. Mayor Klein called the meeting to order at 5:00 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. Public Comment Public Comment opened at 5:01 p.m. No speakers. Public Comment closed at 5:01 p.m. Convene to Closed Session City of Sunnyvale Page 1 City Council Meeting Minutes October 13, 2020 A 20-0882 Closed Session held pursuant to California Government Code Section 54956.9: LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9. Number of Potential Cases: 1 Adjourn Special Meeting Mayor Klein adjourned the meeting at 5:25 p.m. 5:30 P.M. SPECIAL COUNCIL MEETING (Study Session) Call to Order Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, the meeting was conducted telephonically. Mayor Klein called the meeting to order at 5:30 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. Study Session B 20-0751 Public Safety Policies and Practices Deputy City Manager Jaqui Guzmán and Public Safety Chief Phan Ngo provided the staff report and presentation. Public Comment opened at 6:52 p.m. City of Sunnyvale Page 2 City Council Meeting Minutes October 13, 2020 Omar Din, Sunnyvale City Council District Candidate 6 communicated support for establishing a human relations commission. Frank Tavares spoke towards descoping and defunding the Police Services Division of the Department of Public Safety. Richard Mehlinger shared support for a cultural diversity/human relations commission. He spoke towards de-emphasizing armed policing models and shifting towards unarmed models such as mental health response units. Marian voiced support for providing guidelines regarding “how to interact with police officers” on the City’s website. Sol Martinez communicated support for unarmed police officers such as mental health officers. C. Johnson spoke towards recent crimes in her neighborhood and shared support for armed police officers. Public Comment closed at 7:03 p.m. Adjourn Special Meeting Mayor Klein adjourned the meeting at 7:03 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, the meeting was conducted telephonically. Mayor Klein called the meeting to order at 7:05 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 City of Sunnyvale Page 3 City Council Meeting Minutes October 13, 2020 Mayor Klein, Vice Mayor Smith and Councilmembers Larsson, Hendricks, Melton and Fong attended via teleconference. Councilmember Goldman attended at 7:08 p.m. CLOSED SESSION REPORT Vice Mayor Smith reported that Council met in Closed Session held pursuant to California Government Code Section 54956.9: LEGAL COUNSEL ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9. Number of Potential Cases: 1; nothing to report. SPECIAL ORDER OF THE DAY C 20-0744 SPECIAL ORDER OF THE DAY - Freedom From Workplace Bullies Week Mayor Klein read a proclamation in honor of Freedom From Workplace Bullies Week. ORAL COMMUNICATIONS Councilmember Melton announced details of COVID-19 testing availability at the Sunnyvale Murphy Park Building and testing availability via Santa Clara County and El Camino Hospital. He also announced applications are being accepted for the Neighborhood and Community Events Grant Program and the current recruitment for various Boards and Commissions. CONSENT CALENDAR MOTION: Vice Mayor Smith moved and Councilmember Melton seconded the motion to approve agenda items 1.A through 1.F. 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 4 City Council Meeting Minutes October 13, 2020 1.A 20-0682 Approve City Council Meeting Minutes of September 29, 2020 Approve the City Council Meeting Minutes of September 29, 2020 as submitted. 1.B 20-0720 Authorize Amending an Existing Contract with Fire & Risk Alliance, LLC for Temporary Personnel Services (F21-022) Take the following actions: - Authorize the City Manager to execute the seventh amendment to an existing contract with Fire & Risk Alliance, in substantially the same form as Attachment 1 to the report, increasing the not-to-exceed contract amount by $175,000 for a new not-to-exceed contract amount of $2,500,000 and extending the term of the Agreement until December 31, 2021; and - Authorize the City Manager to amend the contract for up to two years, if operationally necessary, subject to available budget, provided pricing and service remain acceptable to the City. 1.C 20-0818 Authorize Amending an Existing Contract with CDM Smith for Program Management and Related Services for the Sunnyvale Cleanwater Program (F21-028) Take the following actions: - Approve the fourth amendment to the consultant services agreement with CDM Smith, in substantially the same form as Attachment 1 to the report, increasing the not-to-exceed amount by $10,099,549 for a new not-to-exceed amount of $31,402,588, and extending the term of the agreement for three years, through December 31, 2023; - Authorize the City Manager to execute the fourth amendment when all necessary conditions have been met; and - Approve an increase to the contract contingency in the amount of $34,284 for a contingency total of $833,086. 1.D 20-0797 Adopt the City’s Investment Policy for Fiscal Year 2020/21 and Receive Annual Performance Report for Fiscal Year 2019/20 Adopt the City's Investment Policy for FY 2020/21 (Council Policy 7.1.2). 1.E 20-0598 Authorize the Issuance of Blanket Purchase Orders with Graniterock and West Coast Sand & Gravel for Aggregate Base Materials for the Departments of Public Works and Environmental Services (F20-134) City of Sunnyvale Page 5 City Council Meeting Minutes October 13, 2020 Take the following actions: - Authorize the issuance of a one-year blanket purchase order to Graniterock in substantially the same form as Attachment 2 to the report, in an amount not-to-exceed $425,000; - Authorize the issuance of a one-year blanket purchase order to West Coast Sand & Gravel, Inc., in substantially the same form as Attachment 3 to the report, in an amount not-to-exceed $158,000; and - Authorize the City Manager to amend and renew the purchase orders for two additional one-year periods, subject to available budget, if pricing and service remain acceptable to the City. 1.F 20-0810 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). ADJOURNMENT TO REGULAR JOINT MEETING OF THE CITY COUNCIL AND THE SUNNYVALE FINANCING AUTHORITY CALL TO ORDER Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, the meeting was conducted telephonically. Authority Chair / Mayor Klein called the joint CIty Council and Sunnyvale Financing Authority meeting to order at 7:18 p.m. via teleconference. ROLL CALL Present: 7 - Authority Chair / Mayor Larry Klein Authority Vice Chair / Vice Mayor Nancy Smith Authority Member / Councilmember Gustav Larsson Authority Member / Councilmember Glenn Hendricks Authority Member / Councilmember Russ Melton Authority Member / Councilmember Michael S. Goldman Authority Member / Councilmember Mason Fong Authority Chair / Mayor Klein, Authority Vice Chair / Vice Mayor Smith and all Authority Members / Councilmembers attended via teleconference. City of Sunnyvale Page 6 City Council Meeting Minutes October 13, 2020 CONSENT CALENDAR MOTION: Authority Vice Chair Smith moved and Authority Member Melton seconded the motion to approve item 2.A. The motion carried with the following vote: Yes: 7 - Authority Chair Klein Authority Vice Chair Smith Authority Member Larsson Authority Member Hendricks Authority Member Melton Authority Member Goldman Authority Member Fong No: 0 2.A 20-0855 Approve the Joint City Council and Sunnyvale Financing Authority Meeting Minutes of June 23, 2020 PUBLIC HEARINGS/GENERAL BUSINESS 3 20-0811 Adopt Resolutions to Authorize Issuance of Lease Revenue Bonds to Finance the Civic Center Phase I Project in an Amount not to exceed $160 Million Including Financing and Closing Costs; Approve Financing Team, and Authorize the City Manager/Executive Director or the Finance Director/Treasurer to Execute all Related Documents Finance Director Tim Kirby provided the staff report and presentation. Public Hearing opened at 7:58 p.m. No speakers. Public Hearing closed at 7:58 p.m. City Council: MOTION: Councilmember Hendricks moved and Councilmember Larsson seconded the motion to approve Alternative 1: - Adopt a Resolution to authorize issuance of lease revenue bonds (the "Bonds") to finance the Civic Center Phase I Project in an amount not-to-exceed $160 million including financing and closing costs; City of Sunnyvale Page 7 City Council Meeting Minutes October 13, 2020 - Approve the Financing Team that implements the issuance of the Bonds; and - Authorize the City Manager or the Finance Director to execute all documents related to, which include the Bond purchase agreement, the preliminary official statement (and ultimately the Official Statement), the continuing disclosure certificate, the Sunnyvale Lease, and the Sunnyvale Site Lease, the issuance of the Bonds and retaining the Financing Team. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Smith Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Fong No: 1 - Councilmember Goldman Sunnyvale Financing Authority: MOTION: Authority Member Hendricks moved and Authority Member Larsson seconded the motion to approve Alternative 1: - Adopt a Resolution to authorize Issuance of lease revenue bonds (the "Bonds") to Finance the Civic Center Phase I Project in an amount not-to-exceed $160 million including financing and closing costs; and - Authorize the Executive Director or the Treasurer to execute all documents related to, which include the Bond purchase agreement, the assignment agreement, the Indenture of Trust, the Sunnyvale Lease, and the Sunnyvale Site Lease, the issuance of the Bonds and retaining the Financing Team. The motion carried with the following vote: Yes: 7 - Authority Chair Klein Authority Vice Chair Smith Authority Member Larsson Authority Member Hendricks Authority Member Melton Authority Member Fong No: 1 - Authority Member Goldman ADJOURN SUNNYVALE FINANCING AUTHORITY MEETING City of Sunnyvale Page 8 City Council Meeting Minutes October 13, 2020 Authority Chair / Mayor Klein adjourned the joint City Council and Sunnyvale Financing Authority meeting at 8:22 p.m. RECONVENE TO CITY COUNCIL MEETING Mayor Klein reconvened the City Council Meeting at 8:22 p.m. Council took a recess at 8:22 p.m. and reconvened at 8:30 p.m. with all Councilmembers present via teleconference. PUBLIC HEARINGS/GENERAL BUSINESS 4 20-0809 Consider Approval of Draft 2020 Housing Strategy and Implementation Schedule (Study Issue) Housing Officer Jenny Carloni and Matt Kowta, Managing Principal, BAE Urban Economics provided the staff report and presentation. Public Hearing opened at 10:25 p.m. Rick spoke regarding mobile home park space rates and voiced support for a mobile home park space Rent Stabilization Ordinance (RSO). Linda Brost shared support for an RSO. Ryan Jasinsky, Director of Property Management, Brandenburg Staedler & Moore communicated support for a Memorandum Of Understanding (MOU) between mobile home park owners and the City. Mike Serrone voiced support for adding a home-sharing type program. Veronica Smoot spoke towards housing costs at mobile home parks. Jason Feinsmith communicated support for a RSO. Richard Mehlinger, Chair, Livable Sunnyvale shared the organization’s support for a home-sharing type program, RSO, development of missing middle housing types and de-emphasizing dwelling units per acre zoning. Gail Rubino communicated concerns with an MOU and requested Council consider approving an RSO. City of Sunnyvale Page 9 City Council Meeting Minutes October 13, 2020 Henry Yin spoke towards mobile home park rental costs and loss in home equity. Denise Gallardo provided information on real estate market trends and statistics within mobile home parks. David Meyer, Silicon Valley @ Home voiced support for an RSO and development of an anti-displacement policy. Linda Sell spoke towards displacement of at-risk seniors, establishing a Community Advisory Committee and ongoing legal support for mobile home park residents Ken Kravenas, Chief Operating Officer, Hometown America provided property management information for Plaza Del Rey and communicated support for an MOU. Daniella Muller shared support for an RSO. Coleen Hausler spoke towards mobile home park space rental costs. She shared support for right to lease agreements and increasing ownership inclusionary percentage. Frances Stanley-Jones shared information related to mobile home park rental costs for Plaza Del Rey and voiced support for an RSO. Julia Liu spoke towards home-sharing type programs. Doug Johnson, on behalf of Western Manufactured Housing Communities Association communicated support for an MOU. Josh Grossman, Sunnyvale City Council District Candidate 2 urged Council to consider approving an RSO. Fred Kameda spoke towards mobile home park rental costs and voiced support for a RSO. MJ LaRoche communicated concerns with an MOU and shared support for an RSO. Justin Wang, on behalf of Greenbelt Alliance voiced support for development of missing middle housing types, de-emphasizing dwelling units per acre and these City of Sunnyvale Page 10 City Council Meeting Minutes October 13, 2020 measures' correlation to environmental sustainability. Bobbi Perrin shared concerns regarding mobile home park real estate and space rental costs. Sandra Fagundes voiced concerns with the need for a recusal by Councilmembers living in mobile home parks. Omar Din, Sunnyvale City Council District Candidate 6 communicated support to allow mobile home park renters the opportunity provide input and establishing a Community Advisory Committee. Julianne Olivari shared support for an RSO. Candice Gasperik voiced support for an RSO. Sarah Hall spoke towards mobile home park rental costs and communicated support for an RSO. Debbie Wolter shared concerns regarding Plaza Del Ray rental costs and voiced support for an RSO. Leia Mehlman, Sunnyvale City Council District Candidate 6 urged Council to consider approving an RSO. Public Hearing closed at 11:52 p.m. MOTION: Vice Mayor Smith moved and Councilmember Larsson seconded the motion to accept as an information only report the 2020 Housing Strategy as originally proposed (Attachment 2 to the report). FRIENDLY AMENDMENT: Councilmember Hendricks offered a friendly amendment to include in the 2020 Housing Strategy a statement that indicates the report was accepted by Council, however, the Implementation Schedule (Attachment 3 to the report) was modified based on Council direction. Housing Officer Jenny Carloni clarified that the Implementation Schedule would be modified based on Council direction and the revised Implementation Schedule would be incorporated into the 2020 Housing Strategy report. City of Sunnyvale Page 11 City Council Meeting Minutes October 13, 2020 Councilmember Hendricks withdrew the friendly amendment. 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: Vice Mayor Smith moved and Councilmember Goldman seconded the motion to proceed with implementation of a rent stabilization ordinance. The motion failed with the following vote: Yes: 3 - Mayor Klein Vice Mayor Smith Councilmember Goldman No: 4 - Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Fong MOTION: Councilmember Larsson moved and Councilmember Fong seconded the motion approve Section 4 of the Implementation Schedule (Attachment 3 of the report) as presented. FRIENDLY AMENDMENT: Councilmember Hendricks offered a friendly amendment that the following topics be addressed: - The annual rent increase percentage number; - The amount of rent increase when a property changes ownership; - How to deal with Capital Projects ; - How to deal with property tax pass-through; and - Retroactive to no earlier than October 13, 2020. Councilmember Larsson accepted the friendly amendment. City of Sunnyvale Page 12 City Council Meeting Minutes October 13, 2020 FRIENDLY AMENDMENT: Councilmember Melton offered a friendly amendment to include a matrix that captures when an excess amount of mobile home park properties are on the housing market for length of time. Following discussion, Councilmember Melton withdrew the friendly amendment. FRIENDLY AMENDMENT: Vice Mayor Smith offered a friendly amendment to revise the tier recommendation for 4a: Mobile Home Space Rent Stabilization from tier 3 to tier 2. Councilmember Larsson accepted the friendly amendment. FRIENDLY AMENDMENT: Councilmember Hendricks offered a friendly amendment to include that an emergency rent stabilization ordinance be implemented should a memorandum of understanding be nullified. Councilmember Larsson declined to accept the friendly amendment. The motion carried with the following vote: Yes: 5 - Vice Mayor Smith Councilmember Larsson Councilmember Melton Councilmember Goldman Councilmember Fong No: 2 - Mayor Klein Councilmember Hendricks MOTION: Councilmember Larsson moved and Mayor Klein seconded the motion approve Section 3 of the Implementation Schedule (Attachment 3 of the report) with the following modifications: - Revise the tier recommendation for 3a: Adopt a Right to Lease Ordinance from tier 2 to tier 1; and - Revise the tier recommendation for 3b: Adopt a Tenant Protection/Relocation Assistance requirement from tier 1 to tier 2. The motion carried with the following vote: City of Sunnyvale Page 13 City Council Meeting Minutes October 13, 2020 Yes: 5 - Mayor Klein Vice Mayor Smith Councilmember Larsson Councilmember Melton Councilmember Goldman No: 2 - Councilmember Hendricks Councilmember Fong MOTION: Councilmember Fong moved and Mayor Klein seconded the motion approve Section 2 of the Implementation Schedule (Attachment 3 of the report) with the following modification: - Revise option 2a: Increase Ownership Inclusionary Percentage to include initiating a nexus study to determine if a percentage increase beyond 15% is possible. The motion failed with the following vote: Yes: 3 - Mayor Klein Councilmember Goldman Councilmember Fong No: 4 - Vice Mayor Smith Councilmember Larsson Councilmember Hendricks Councilmember Melton MOTION: Councilmember Melton moved and Councilmember Hendricks seconded the motion to approve Section 2 of the Implementation Schedule (Attachment 3 of the report) as presented. FRIENDLY AMENDMENT: Councilmember Goldman offered a friendly amendment to revise option 2d: Up-Zone Land to Facilitate Increase Residential Development to not allow for rezoning of single-family residential zones to higher density. Councilmember Melton restated and accepted the Friendly Amendment to clarify that option 2d only pertains to the properties within the El Camino Real Precise Plan, Lawrence Station Precise Plan and Moffett Park Specific Plan. The motion carried with the following vote: City of Sunnyvale Page 14 City Council Meeting Minutes October 13, 2020 Yes: 7 - Mayor Klein Vice Mayor Smith Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Goldman Councilmember Fong No: 0 MOTION: Vice Mayor Smith moved and Councilmember Melton seconded the motion to approve Section 1 of the Implementation Schedule (Attachment 3 of the report) as presented. 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 Hendricks moved and Vice Mayor Smith seconded the motion to hear Public Hearing/General Business Agenda Item 5. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Smith Councilmember Larsson Councilmember Hendricks Councilmember Goldman Councilmember Fong No: 1 - Councilmember Melton 5 20-0714 Receive and File the FY 2020/21 First Quarter Budget Update and Approval of Budget Modification No. 8 in the Amount of City of Sunnyvale Page 15 City Council Meeting Minutes October 13, 2020 $1,932,000 to Appropriate CARES Act Funding MOTION: Councilmember Hendricks moved and Vice Mayor Smith seconded the motion to adjourn the meeting at 1:33 a.m. 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 Agenda item not heard by Council. 6 20-0808 Approve Participation in the Bay Area Air Quality Management District Spare the Air Cut the Commute Pledge Agenda item not heard by Council. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Agenda item not heard by Council. NON-AGENDA ITEMS & COMMENTS -Council Agenda item not heard by Council. -City Manager Agenda item not heard by Council. INFORMATION ONLY REPORTS/ITEMS 20-0705 Tentative Council Meeting Agenda Calendar 20-0820 Board/Commission Meeting Minutes City of Sunnyvale Page 16 City Council Meeting Minutes October 13, 2020 20-0843 Information/Action Items 20-0873 Mayoral Announcement of Mayor-Appointed Ad Hoc Advisory Committee on City Manager Compensation (Information Only) ADJOURNMENT Mayor Klein adjourned the meeting at 1:33 a.m. City of Sunnyvale Page 17