City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, March 16, 2021 5:30 PM Telepresence Meeting: City Web Stream | AT&T Channel 99 | Comcast Channel 15 Special Meeting: Board and Commission Interviews - 5:30 PM | Special Meeting: Closed Session - 6 PM | Regular Meeting - 7 PM 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 5:31 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. Study Session A 21-0001 Board and Commission Interviews Public Comment opened at 5:33 p.m. No speakers. Public comment closed at 5:33 p.m. Council interviewed the following applicants for vacancies on boards and commissions: City of Sunnyvale Page 1 City Council Meeting Minutes March 16, 2021 Andrew Ma – Board of Library Trustees Jenny Bratton – Board of Library Trustees and Heritage Preservation Commission Adjourn Special Meeting Mayor Klein adjourned the meeting at 6:00 p.m. 6 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 6:03 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. Public Comment Public Comment opened at 6:03 p.m. No speakers. Public Comment closed at 6:03 p.m. Convene to Closed Session B 21-0407 Closed Session held pursuant to California Government Code Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Acquisition of 970 W Evelyn Ave, Sunnyvale, CA - City of Sunnyvale Page 2 City Council Meeting Minutes March 16, 2021 APN 165-20-017 Agency negotiator: Kent Steffens, City Manager; Chip Taylor, Director of Public Works; and Sherine Nafie, City Property Administrator Negotiating parties: Edward Woodhall, Owner Under negotiation: Price and terms C 21-0404 CONFERENCE WITH LEGAL COUNSEL-INITIATION OF LITIGATION Closed Session held pursuant to California Government Code Section 54956.9(d)(4) Number of Potential Cases: One Adjourn Special Meeting Mayor Klein adjourned the meeting at 7:09 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 7:12 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. CLOSED SESSION REPORT Vice Mayor Hendricks reported that Council met in Closed Session held pursuant to California Government Code Section 54956.8: CONFERENCE WITH REAL City of Sunnyvale Page 3 City Council Meeting Minutes March 16, 2021 PROPERTY NEGOTIATORS Property: Acquisition of 970 W Evelyn Ave, Sunnyvale, CA APN 165 20 017 Agency negotiator: Kent Steffens, City Manager; Chip Taylor, Director of Public Works; and Sherine Nafie, City Property Administrator Negotiating parties: Edward Woodhall, Owner Under negotiation: Price and terms; nothing to report. Vice Mayor Hendricks reported that Council met in Closed Session held pursuant to California Government Code Section 54956.9(d)(4): CONFERENCE WITH LEGAL COUNSEL INITIATION OF LITIGATION Number of Potential Cases: One; nothing to report. SPECIAL ORDER OF THE DAY D 21-0342 American Red Cross Month Mayor Klein read a proclamation in honor of American Red Cross Month. Dr. Liz Dietz and Mary Ann Reilly, Silicon Valley Chapter - American Red Cross spoke toward the proclamation. ORAL COMMUNICATIONS Councilmember Din announced details of the upcoming Decarbonizing Transportation: From Policy to Progress Webinar and that schools are resuming on campus learning and urged the public to slow down and remain alert when driving. Richard Mehlinger spoke towards the closure of the Sunnyvale Fry’s Electronics store and shared concerns regarding redeveloping the site with high density office. He urged the City to begin considering the future of the site via the upcoming review of the Housing Element. Rose Gregorio communicated concerns with the closure of the warming center during the evening/night hours. Alec Vandenberg shared concerns regarding the lack of a sanctioned encampment for the unhoused in the Sunnyvale community and services being provided to the unhoused population at the hotel including food quality and accommodations for pets. He voiced support for transitioning individuals into permanent housing. Tracy Hern, President, Public Safety Officers Association shared statistics related to Public Safety staff morale. He spoke towards the Association’s efforts to address the morale issue with management and proposal of a joint labor management City of Sunnyvale Page 4 City Council Meeting Minutes March 16, 2021 committee. Alysa voiced support for activating a warming center due to inclement weather for the unhoused population during the evening/night. Marian spoke towards the Moffett Park Specific Plan and establishing an open space ecological area similar to the Ulistac Natural Area in Santa Clara City. Helen Gettinger shared support for transitioning the unhoused population into permanent housing, increasing case management hours and services, providing proper nutrition and activating a warming center overnight. Member of the public communicated support for developing a shelter at the vacant Fry’s Electronics site and possible services that may be offered at the shelter. They shared support for establishing a sanctioned encampment for the unhoused in Sunnyvale. City Manager Kent Steffens provided an update on the transition plan for the unhoused population currently at a hotel, including efforts to increase case management hours at the site and identify long-term housing. 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: Yes: 7 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton Councilmember Fong Councilmember Cisneros Councilmember Din No: 0 1.A 21-0289 Approve City Council Meeting Minutes of February 23, 2021 Approve the City Council Meeting Minutes of February 23, 2021 as submitted. 1.B 21-0307 Approve City Council Meeting Minutes of February 25, 2021 City of Sunnyvale Page 5 City Council Meeting Minutes March 16, 2021 (Study Issues and Budget Issues Workshop) Approve the City Council Meeting Minutes of February 25, 2021 as submitted. 1.C 21-0397 Approve City Council Meeting Minutes of March 2, 2021 (Moffett Park Specific Plan Study Session) Approve the City Council Meeting Minutes of March 2, 2021 as submitted. 1.D 21-0369 Approve Application for Local Area Subsequent Designation for NOVA Workforce Development Area and Local Board Recertification for NOVA Workforce Board Approve application for local area subsequent designation for the NOVA workforce development area and Local Board recertification for the NOVA Workforce Board. 1.E 21-0387 Adopt Uncodified Ordinance No. 3173-21 Awarding an Exclusive Franchise to Bay Counties Waste Services, dba Specialty, Inc., for Recycling, Organics, and Solid Waste Collection Services Adopt uncodified Ordinance No. 3173 21 awarding an exclusive franchise to Bay Counties Waste Services, dba Specialty, Inc., for recycling, organics and solid waste collection services. PUBLIC HEARINGS/GENERAL BUSINESS 2 21-0274 Authorize the City Manager to Execute three Site Agreements with EVgo Services LLC allowing the installation of four Electric Vehicle (EV) Fast-Charging Stations at each of the following sites: the Community Center, Downtown Parking Lot at the southwest corner of W. Evelyn Avenue and S. Sunnyvale Avenue and Downtown Parking Lot at the southeast corner of S. Frances Street and W. Evelyn Avenue, in Sunnyvale and find that the Project is Exempt from CEQA Councilmember Fong stated he is a Tesla shareholder, recused himself, and left the teleconference meeting at 7:43 p.m. Assistant Director of Public Works Jennifer Ng provided the staff report and presentation. Public Hearing opened at 7:58 p.m. City of Sunnyvale Page 6 City Council Meeting Minutes March 16, 2021 Robbie Gleichman inquired on the charging speed of the stations being installed and voiced support for the greater kilowatt power stations and 24-hour availability of the stations. Public Hearing closed at 8:00 p.m. MOTION: Vice Mayor Hendricks moved and Councilmember Din seconded the motion to approve Alternative 1: Authorize the City Manager to execute three site agreements in substantially the same form as Attachment 1 to the report, with EVgo Services LLC allowing the installation of four electric vehicle (EV) fast-charging stations at each of the following sites: the Community Center, Downtown Parking Lot at the southwest corner of W. Evelyn Avenue and S. Sunnyvale Avenue and Downtown Parking Lot at the southeast corner of S. Frances Street and W. Evelyn Avenue, in Sunnyvale and find that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(b). The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton Councilmember Cisneros Councilmember Din No: 0 Recused: 1 - Councilmember Fong 3 21-0285 Discussion and Direction on Ordinance Establishing a Public Process for Redistricting Deputy City Manager Jaqui Guzmán and Assistant City Attorney Melissa Tronquet provided the staff report. Public Hearing opened at 8:14 p.m. Elaine Manley, Co-President, League of Women Voters of Cupertino-Sunnyvale (LWV) and Sunnyvale Fair Redistricting member communicated recommended modifications to the draft ordinance and draft application including: select six alternatives instead of three, appoint alternates permanently instead of on a City of Sunnyvale Page 7 City Council Meeting Minutes March 16, 2021 meeting-by-meeting basis and standardize the time requirements to four-years and add analytical skills as a subset of desired qualifications. Mike Serrone shared support for the LWV’s recommended modifications specifically to standardize the time requirements to four-years and appoint alternates permanently. Richard Mehlinger voiced support for standardizing the time requirements for four-years and appointing alternates permanently. Cal Cornwell spoke towards the recommendation to standardize time requirements to four-years throughout the draft ordinance. Public Hearing closed at 8:23 p.m. MOTION: Councilmember Fong moved to amend Ordinance section 2.31.020(c)(1) to require a majority vote of commissioners present instead of four commissioners for an affirmative vote selecting proposed district maps and the redistricting commission’s preferred map. Motion failed due to lack of a second. MOTION: Vice Mayor Hendricks moved and Councilmember Din seconded the motion to add to Section 2.31.010 that the Redistricting Commission may draft its own maps, accept maps from the public or draft maps in consultation with the demographer for discussion. FRIENDLY AMENDMENT: Councilmember Larsson offered a friendly amendment that the language be added to Section 2.31.020. Vice Mayor Hendricks restated his motion that staff use their discretion in deciding the placement of the language within the ordinance. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton Councilmember Fong Councilmember Cisneros Councilmember Din No: 0 MOTION: Vice Mayor Hendricks moved and Councilmember Din seconded the City of Sunnyvale Page 8 City Council Meeting Minutes March 16, 2021 motion to accept Section 2.31.030 (a) and (b) as presented and amend the section related to qualifications to standardize the time requirements to four years. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Fong Councilmember Cisneros Councilmember Din No: 1 - Councilmember Melton MOTION: Councilmember Melton moved and Councilmember Fong seconded the motion to direct staff to reinstate the prohibition that a former Councilmember be ineligible to serve on the Redistricting Commission when the Councilmember was elected or appointed within the preceding eight years. The motion failed with the following vote: Yes: 1 - Councilmember Melton No: 6 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Fong Councilmember Cisneros Councilmember Din Staff requested clarification regarding Section 2.31.030(5) and inquired if the prior motion and vote to standardize time requirements to four years applied to Subsection(5). Vice Mayor Hendricks clarified that was the intent of the motion. MOTION: Councilmember Fong moved and Mayor Klein seconded the motion to incorporate the recommendations presented by the League of Women Voters in a letter dated March 13, 2021 to add analytical skills as a subset of desired qualifications to the draft application in two sections: 1. Role of the Redistricting Commission, “Commissioners should be open-minded, analytical, impartial, and community-minded”; and 2. Question on page three, “Describe your approach to analytical decision making when faced with competing priorities and values.” City of Sunnyvale Page 9 City Council Meeting Minutes March 16, 2021 The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton Councilmember Fong Councilmember Cisneros Councilmember Din No: 0 4 21-0191 Approve the 2020 Housing Element Annual Progress Report Housing Officer Jenny Carloni provided the staff report and presentation. Public Hearing opened at 9:27 p.m. Mike Serrone communicated support for approval of the report and offered a comparison between projects that create jobs and projects that create housing. Public Hearing closed at 9:30 p.m. MOTION: Vice Mayor Hendricks moved and Councilmember Larsson seconded the motion to approve Alternative 1: Approve the 2020 Housing Element Annual Progress Report (Attachment 1 to the report) and direct staff to submit it to the Governor's Office of Planning and Research and the California Department of Housing and Community Development with the correction discussed for 365 South Mathilda Avenue in Table A2. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton Councilmember Fong Councilmember Cisneros Councilmember Din No: 0 City of Sunnyvale Page 10 City Council Meeting Minutes March 16, 2021 5 21-0383 CONTINUED FROM FEBRUARY 23, 2021: Annual Review and Approval of City’s Code of Ethics and Conduct for Elected and Appointed Officials City Clerk David Carnahan provided the staff report. Public Hearing opened at 9:37 p.m. Richard Mehlinger voiced support for approving the Code of Ethics and Conduct for Elected and Appointed Officials (Code) and creation of a subcommittee consisting of Councilmembers along with Board and Commission Members to review the Code. Member of the public spoke towards the Code addressing inappropriate behavior by Councilmembers, Board and Commission members and staff. They inquired where inappropriate behavior by the City Manager is addressed. Maria shared support for the Code and spoke towards the importance of Section B.3(a). In Public Meetings. Public Hearing closed at 9:44 p.m. MOTION: Councilmember Larsson moved to approve Alternative 2: Refer the Planning Commission’s request to the Council Subcommittee on Board and Commission Bylaws for discussion and possible action. FRIENDLY AMENDMENT: Vice Mayor Hendricks offered a friendly amendment to approve Alternatives 1 and 2. Councilmember Larsson accepted the friendly amendment. Vice Mayor Hendricks seconded the motion to approve Alternatives 1 and 2: 1. Review and approve the 2021 Code of Ethics and Conduct for Elected and Appointed Officials with non-substantive changes from the 2020 Code as set forth in Attachment 1 to the report; and 2. Refer the Planning Commission’s request to the Council Subcommittee on Boards and Commissions for discussion and possible action. The motion carried with the following vote: City of Sunnyvale Page 11 City Council Meeting Minutes March 16, 2021 Yes: 6 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Fong Councilmember Cisneros Councilmember Din No: 1 - Councilmember Melton COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Councilmember Fong shared his attendance at the Valley Transportation Authority (VTA) Policy Advisory Committee meeting including the Committee's approval of Measure B’s 10-year Program and Biennial Budget Principles, Project Readiness and Prioritization Criteria. NON-AGENDA ITEMS & COMMENTS -Council MOTION: Councilmember Fong moved and Councilmember Din seconded the motion to schedule a Study Session for no later than April 6, 2021, date and time to be identified between the Mayor and City Manager, to allow 15 minutes for a presentation by the Sunnyvale Public Safety Officers Association (PSOA) regarding morale survey and request for a new committee to find resolution to the issues raised in the survey. City Manager Kent Steffens shared concerns regarding a Study Session on a topic that is under consideration between a labor union and the Chief of Public Safety. He shared that staff is proposing a communications consultant work with the Chief and PSOA to help resolve the issues. The motion failed with the following vote: Yes: 1 - Councilmember Fong No: 6 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton Councilmember Cisneros Councilmember Din City of Sunnyvale Page 12 City Council Meeting Minutes March 16, 2021 Councilmember Melton spoke towards the American Rescue Plan and preliminary funding estimates the City of Sunnyvale will be receiving and noted that Council Policy stipulates one-time funds be placed into a capital reserve fund. He voiced support for the Mayor or City Manager to agendize a discussion topic regarding use of rescue plan funds including the topic of waiving the Council Policy in this instance. City Manager Kent Steffens announced the City of Sunnyvale will be receiving funds in two installments. Mr. Steffens spoke towards using the funds to backfill revenue and allocating the funds to the General Fund. A discussion is anticipated during the budget workshop on May 20, 2021. -City Manager City Manager Kent Steffens shared details of Information Only Item 21-0280 Presentation Dates for Recommended Studies in 2021. INFORMATION ONLY REPORTS/ITEMS 21-0107 Tentative Council Meeting Agenda Calendar 21-0102 Board/Commission Meeting Minutes 21-0237 Information/Action Items 21-0280 Study Issue Presentation Dates for Recommended Studies in 2021 (Information Only) ADJOURNMENT Mayor Klein adjourned the meeting at 10:08 p.m. City of Sunnyvale Page 13