City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, December 8, 2020 4:15 PM City Web Stream | Comcast Channel 15 Special Meeting: Closed Session - 4:15 PM | Special Meeting: Study Session - 6:15 PM | Regular Meeting - 7 PM 4:15 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 4:15 p.m. via teleconference. Roll Call Present: 7 - Mayor Larry Klein Vice Mayor Nancy Smith Councilmember Gustav Larsson Vice Mayor 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 4:17 p.m. No speakers. Public Comment closed at 4:17 p.m. Convene to Closed Session A 20-1004 Closed Session held pursuant to California Government Code Section 54956.9: LEGAL COUNSEL-ANTICIPATED LITIGATION City of Sunnyvale Page 1 City Council Meeting Minutes December 8, 2020 Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9. Number of Potential Cases: 1 B 20-0696 Closed Session Held Pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Attorney C 20-0697 Closed Session Held Pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager D 20-0953 Closed Session Held Pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Ad Hoc Committee on City Manager Compensation Members Larry Klein, Gustav Larsson and Russ Melton Unrepresented employee: City Manager Adjourn Special Meeting Mayor Klein adjourned the meeting at 6:13 p.m. 6:15 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 6:15 p.m. via teleconference. Roll Call Present: 7 - Mayor Larry Klein Vice Mayor Nancy Smith Councilmember Gustav Larsson Vice Mayor Glenn Hendricks Councilmember Russ Melton Councilmember Michael S. Goldman Councilmember Mason Fong City of Sunnyvale Page 2 City Council Meeting Minutes December 8, 2020 Mayor Klein, Vice Mayor Smith and all Councilmembers attended via teleconference. Study Session E 20-0022 Discussion of Upcoming Selection of Vice Mayor for 2021 Councilmember Hendricks and Councilmember Melton expressed interest in becoming the Vice Mayor for 2021. Public Comment opened at 6:20 p.m. No speakers. Public Comment closed at 6:20 p.m. F 20-0023 Discussion of 2021 Council Intergovernmental Assignments The Council discussed their interest in 2021 Council Intergovernmental Assignments. Public Comment opened at 6:42 p.m. Council-elects Omar Din and Alysa Cisneros discussed their interest in 2021 Council Intergovernmental Assignments. Public Comment closed at 6:48 p.m. Adjourn Special Meeting Mayor Klein adjourned the meeting at 6:48 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 7:00 p.m. via teleconference. ROLL CALL City of Sunnyvale Page 3 City Council Meeting Minutes December 8, 2020 Present: 7 - Mayor Larry Klein Vice Mayor Nancy Smith Councilmember Gustav Larsson Vice Mayor 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 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. Vice Mayor Smith reported that Council met in Closed Session held pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Attorney; nothing to report. Vice Mayor Smith reported that Council met in Closed Session held pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager; nothing to 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: Ad Hoc Committee on City Manager Compensation Members Larry Klein, Gustav Larsson and Russ Melton Unrepresented employee: City Manager; nothing to report. ORAL COMMUNICATIONS Dawn Maher, CEO, Sunnyvale Chamber of Commerce requested Council defer the upcoming minimum wage increase until the City’s declaration of a local emergency has expired. Dani Muller spoke towards mobile home park real estate and space rental costs. She requested Council consider enacting a rent-increase moratorium until a City of Sunnyvale Page 4 City Council Meeting Minutes December 8, 2020 Sunnyvale mobile home park Memorandum of Understanding (MOU) has been finalized. Irene Murphy, General Manager, Fibbar MaGee’s requested Council consider postponing the upcoming minimum wage increase. Michael Johnson, Executive Director, Sunnyvale Downtown Association shared concerns with the upcoming minimum wage increase and requested Council defer the increase until the COVID-19 Pandemic has ended. Max Antonio Valle, Business Owner, Gumba’s Italian Restaurant shared support for deferring the upcoming minimum wage increase until the COVID-19 Pandemic as ended. Tony spoke towards the impacts small business are experiencing due to the COVID-19 Pandemic and requested Council delay the upcoming minimum wage increase. Rick spoke regarding mobile home park space rental costs and implementation of a Sunnyvale mobile home park MOU. Katie Voong, Business Owner, K Tea Café requested Council defer the upcoming minimum wage increase. Maria Hamilton shared concerns regarding the impact to workers if the upcoming minimum wage increase is deferred and opposition to delaying the increase. Amit, District Manager, Dish Dash shared support for deferring the upcoming minimum wage increase. CONSENT CALENDAR MOTION: Vice Mayor Smith moved and Councilmember Melton seconded the motion to approve agenda items 1.A through 1.N. The motion carried with the following vote: City of Sunnyvale Page 5 City Council Meeting Minutes December 8, 2020 Yes: 7 - Mayor Klein Vice Mayor Smith Councilmember Larsson Vice Mayor Hendricks Councilmember Melton Councilmember Goldman Councilmember Fong No: 0 1.A 20-0011 Approve City Council Meeting Minutes of November 30, 2020 (Moffett Park Specific Plan Study Session) Approve the City Council Meeting Minutes of November 30, 2020 as submitted. 1.B 20-0013 Approve City Council Meeting Minutes of December 1, 2020 Approve the City Council Meeting Minutes of December 1, 2020 as submitted. 1.C 20-0736 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Approve the list(s) of claims and bills. 1.D 20-0952 Adopt Two Resolutions Enabling the City of Sunnyvale to Submit an Application to the State of California for up to $122 million in Clean Water State Revolving Funds to Fund the City of Sunnyvale Site Preparation and Existing Plant Rehabilitation Project Adopt two Resolutions enabling the City of Sunnyvale to submit an application to the State of California for up to $122 million in Clean Water State Revolving Funds to fund the site preparation and existing plant rehabilitation. 1.E 20-0942 Receive and File the FY 2019/20 Annual Status Report on Receipt and Use of Development Impact Fees and Adopt a Resolution Approving Findings Regarding Unspent Impact Fees and Find that the Action is Exempt from the California Environmental Quality Act Take the following actions: - Receive and file FY 2019/20 Annual Status Report on receipt and use of development impact fees; City of Sunnyvale Page 6 City Council Meeting Minutes December 8, 2020 - Adopt a Resolution making findings regarding unspent impact fees as required by the Mitigation Fee Act (California Government Code Section 66000 et seq.); and - Find that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(4) of the CEQA Guidelines. 1.F 20-0946 Award of Bid No. PW21-01 to Cratus, Inc. for Lawrence Expressway Sanitary Sewer Rehabilitation - Re-Bid, Finding of CEQA Categorical Exemption, and Approve Budget Modification No. 11 Take the following actions: - Make a finding of a categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (b); - Award a contract in substantially the same form as Attachment 2 to the report in the amount of $4,119,600 to Cratus, Inc.; - Authorize the City Manager to execute the contract when all necessary conditions have been met; - Approve a 10% construction contingency in the amount of $411,960; and - Approve Budget Modification No. 11 in the amount of $992,662 to provide additional project funding. 1.G 20-0959 Authorize Amending an Existing Agreement with Union Bank for Banking Services (F21-069) Take the following actions: - Authorize the City Manager to execute the fifth amendment to an existing Banking Services Agreement with Union Bank, in substantially the same form as Attachment 1 to the report, extending the term of the agreement until December 31, 2022; and - Authorize the City Manager to amend the agreement for up to two additional years, provided pricing and services remain acceptable to the City. 1.H 20-0923 Authorize the Issuance of a Blanket Purchase Order to Motorola Solutions, Inc. for Emergency and Non-Emergency Related Radio Equipment (F21-055) Take the following actions: - Authorize the issuance of a multi-year blanket purchase order to Motorola Solutions, Inc., in substantially the same format as Attachment 1 to the report, in a not-to-exceed contract amount of $3,325,000; and - Authorize the City Manager to amend the blanket purchase order, subject to available budget and if pricing and service remain acceptable to the City. City of Sunnyvale Page 7 City Council Meeting Minutes December 8, 2020 1.I 20-1000 Approve the Second Amendment to Outside Counsel Agreement with Bertrand, Fox, Elliot, Osman & Wenzel for Litigation Services in the matter of Casa De Amigos v. City of Sunnyvale. Authorize the City Attorney to execute a second amendment, in substantially the same form as Attachment 1 to the report, to the outside counsel agreement with the law firm of Bertrand, Fox, Elliot, Osman & Wenzel to increase the not-to-exceed amount by $250,000, for a new not-to-exceed contract amount of $350,000, and to extend the term of the Agreement to February 19, 2024. 1.J 20-0904 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.K 20-0872 Approve Amendments to Council Policy 7.3.4 (Roles and Responsibilities of Mayor, Vice Mayor and Councilmembers) and Council Policy 7.3.10 (Mayor and Vice Mayor Selection) to Reflect the Transition to a Directly Elected Mayor Approve amendments to Council Policy 7.3.4 (Roles and Responsibilities of Mayor, Vice Mayor and Councilmembers) and Council Policy 7.3.10 (Mayor and Vice Mayor Selection) to reflect the transition to a directly elected Mayor. 1.L 20-1001 Ratify Councilmember Hendricks’ Appointment as the Santa Clara County Cities Alternate to the Association of Bay Area Governments (ABAG) Executive Board Council ratifies Councilmember Hendricks’ appointment as the Santa Clara County Cities Alternate to the Association of Bay Area Governments (ABAG) Executive Board. 1.M 20-1008 Adopt Ordinance No. 3169-20 to amend Chapter 19.54 (Wireless Telecommunication Facilities) of Title 19 of the Sunnyvale Municipal Code Adopt Ordinance No. 3169-20 to amend Chapter 19.54 (Wireless Telecommunication Facilities) of Title 19 of the Sunnyvale Municipal Code. 1.N 20-1010 Adopt Uncodified Ordinance No. 3170-20 Authorizing the Tax Collector to Allow Small Businesses Experiencing Financial Hardship Because of the COVID-19 Pandemic to Defer City of Sunnyvale Page 8 City Council Meeting Minutes December 8, 2020 Payment of Business License Tax Until June 30, 2021 Adopt uncodified Ordinance No. 3170-20 authorizing the Tax Collector to allow small businesses experiencing financial hardship because of the COVID-19 Pandemic to defer payment of Business License Tax until June 30, 2021 PUBLIC HEARINGS/GENERAL BUSINESS 2 20-0898 Housing Strategy: Approve Scope of Work for Project Manager Services Regarding implementation of the Sunnyvale Mobile Home Park Memorandum of Understanding, and Approve Budget Modification No. 9 in the amount of $81,380 Housing Officer Jenny Carloni provided the staff report and presentation. Public Hearing opened at 8:21 p.m. Gail Rubino, Livable Sunnyvale shared support for a mobile home park Memorandum of Understanding (MOU). She requested Council consider establishing a city-sponsored outreach campaign, including the land in the MOU and hiring consultants and lawyers that are experts in the field of mobile home parks. Mark Mollineaux spoke towards goals to keep in mind during the MOU process such as creating stability in the community and reducing displacement. He voiced support for rent stabilization programs and land trusts. Linda Sell communicated support for a resident stakeholder group, public outreach meetings and acquiring the services of individuals that are experts in the field of developing mobile home park MOUs and rent stabilization ordinances. Judy Pavlick, Founder, Sunnyvale Mobile Home Park Alliance requested that the MOU scope of work include components such as identifying a retention location and an oversight commission to ensure conditions are met. Mitch Mankin on behalf of Silicon Valley at Home shared support for the staff and Livable Sunnyvale endorsed recommendations. He spoke towards SV@Home’s proposed elements to include in the MOU process. Council-elect Omar Din voiced support for a city-sponsored informational campaign, commission comprised of mobile home park residents and implementation of a rent City of Sunnyvale Page 9 City Council Meeting Minutes December 8, 2020 stabilization ordinance (RSO) should the MOU process reach impasse. Tim Kerr communicated support for a MOU and urged Council consider developing an RSO concurrently. Jason Feinsmith spoke towards stakeholder group members, communication and public outreach during the development of the MOU. Fred Kameda spoke towards the mobile home park coalition and a plan in development to reach all mobile home park residents. Richard Mehlinger, Chair, Livable Sunnyvale spoke towards the group’s endorsed recommendations. He shared support for establishing an RSO should the MOU process reach an impasse. Julia Liu, Livable Sunnyvale communicated support for the group’s endorsed recommendations. Public Hearing closed at 8:51 p.m. MOTION: Councilmember Fong moved and Councilmember Larsson seconded the motion to approve Alternative 2: Approve the scope of work for Project Manager services regarding implementation of the Sunnyvale Mobile Home Memorandum of Understanding/Accord; and approve Budget Modification No. 9 in the amount of $81,380; with the following modifications: - Direct staff to produce and distribute one (1) outreach flier to Sunnyvale mobile home park residents that directs the reader to the City’s website that contains information about the mobile home park memorandum of understanding process; and - Increase Budget Modification No. 9 by up-to $10,000 for the production of the outreach flier for a new amount of $91,380. The motion carried with the following vote: City of Sunnyvale Page 10 City Council Meeting Minutes December 8, 2020 Yes: 7 - Mayor Klein Vice Mayor Smith Councilmember Larsson Vice Mayor Hendricks Councilmember Melton Councilmember Goldman Councilmember Fong No: 0 Council took recess at 9:15 p.m. and reconvened at 9:25 p.m. with all Councilmembers present via teleconference. 3 20-0983 Approve the Preferred Concept for the Lakewood Branch Library and Learning Center Project as shown on Attachment 5 of the Report Public Works Assistant Director Jennifer Ng provided the staff report and presentation. Public Hearing opened at 9:53 p.m. No speakers. Public Hearing closed at 9:53 p.m. MOTION: Councilmember Fong moved and Councilmember Hendricks seconded the motion to approve Alternative 1: Approve the preferred concept for the Lakewood Branch Library and Learning Center project as shown in Attachment 5 to the report. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Smith Councilmember Larsson Vice Mayor Hendricks Councilmember Melton Councilmember Goldman Councilmember Fong No: 0 City of Sunnyvale Page 11 City Council Meeting Minutes December 8, 2020 4 20-0997 Introduce an Ordinance Amending Sunnyvale Municipal Code Chapters 2.08 and 2.09 Related to the Purchases of Goods and Services and Public Works Construction Contracting Finance Director Tim Kirby provided the staff report and presentation. Public Hearing opened at 10:04 p.m. No speakers. Public Hearing closed at 10:04 p.m. MOTION: Councilmember Hendricks moved and Councilmember Fong seconded the motion to approve Alternative 1: Introduce an Ordinance amending Sunnyvale Municipal Code Chapters 2.08 (Purchases of Goods and Services) and 2.09 (Public Works Contracting) related to competitive bidding, contract award authority thresholds and other actions to create efficiencies, streamline procurement procedures and clarify/codify current procedures and practices. City Clerk David Carnahan read the Ordinance title for the record. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Smith Councilmember Larsson Vice Mayor Hendricks Councilmember Melton Councilmember Goldman Councilmember Fong No: 0 5 20-0954 Provide Direction Regarding Amendment to Employment Agreement between the City of Sunnyvale and City Manager Kent Steffens to Increase the City Manager Salary in an Amount to be Determined by the City Council City Manager Kent Steffens left the teleconference meeting during consideration of this item. Human Resources Director Tina Murphy provided the staff report. Public Hearing opened at 10:09 p.m. City of Sunnyvale Page 12 City Council Meeting Minutes December 8, 2020 No speakers Public Hearing closed at 10:09 p.m. MOTION: Councilmember Melton moved and Councilmember Larsson seconded the motion to increase the City Manager’s salary by 6.5% and a one-time bonus in the amount of $10,000 and authorize the Mayor to execute a third amendment to the City Manager’s Employment Agreement, in a form approved by the City Attorney, to increase the City Manager’s annual salary in the amount approved by the City Council, effective December 27, 2020; and direct staff to return with a proposed amendment to the salary range for the City Manager classification with the next Salary Table adjustment. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Smith Councilmember Larsson Vice Mayor Hendricks Councilmember Melton Councilmember Goldman No: 1 - Councilmember Fong COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Councilmember Hendricks reported he was elected Chair of the Valley Transportation Authority Board of Directors for 2021. NON-AGENDA ITEMS & COMMENTS -Council MOTION: Councilmember Melton moved and Councilmember Fong seconded the motion to direct staff to schedule a Special Council Meeting to take place before December 31, 2020 and agendize delaying the minimum wage Consumer Price Index increase otherwise scheduled for January 1, 2021 until such time that the local state of emergency is ended by Council: - This item may be placed on the agenda of any other December Special Council meeting already being arranged; and - If the current local state of emergency continues through 2021 into 2022, then the 2021 and the 2022 minimum wage Consumer Price Index increase would be combined and take effect at the end of the local state of emergency. City of Sunnyvale Page 13 City Council Meeting Minutes December 8, 2020 FRIENDLY AMENDMENT: Councilmember Larsson offered a friendly amendment to allow for flexibility regarding the end date of the minimum wage increase delay. Councilmember Melton accepted the friendly amendment. The motion carried with the following vote: Yes: 4 - Mayor Klein Councilmember Larsson Councilmember Melton Councilmember Fong No: 3 - Vice Mayor Smith Vice Mayor Hendricks Councilmember Goldman -City Manager City Manager Kent Steffens announced a special City Council meeting is tentatively scheduled for Tuesday, Dec. 22, 2020. INFORMATION ONLY REPORTS/ITEMS 20-0015 Tentative Council Meeting Agenda Calendar 20-0693 Information/Action Items ADJOURNMENT Mayor Klein adjourned the meeting at 10:29 p.m. City of Sunnyvale Page 14