City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, July 26, 2022 6:00 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Closed Session - 6 PM | Regular Meeting - 7 PM 6 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 July 12, 2022. Mayor Klein called the meeting to order at 6:00 p.m. via teleconference. Roll Call Present: 6 - Mayor Larry Klein Councilmember Gustav Larsson Councilmember Glenn Hendricks Councilmember Russ Melton Councilmember Omar Din Councilmember Anthony (Tony) Spitaleri Absent: 1 - Vice Mayor Alysa Cisneros Mayor Klein, and Councilmembers Larsson, Hendricks, Melton, Din and Spitaleri attended via teleconference. Public Comment Public Comment opened at 6:02 p.m. No speakers. Public Comment closed at 6:02 p.m. Convene to Closed Session A 22-0769 CONFERENCE WITH LEGAL COUNSEL-PENDING LITIGATION Closed Session held pursuant to California City of Sunnyvale Page 1 City Council Meeting Minutes July 26, 2022 Government Code Section 54956.9(d)(1). Name of case: Jane Doe v. The City of Sunnyvale, The City of Sunnyvale Department of Public Safety, Joel Lockwood, Santa Clara County Superior Court, Case No. 22CV399041. Adjourn Special Meeting Mayor Klein adjourned the meeting at 6:49 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 July 12, 2022. Mayor Klein called the meeting to order at 7:00 p.m. via teleconference. ROLL CALL Present: 6 - Mayor Larry Klein Councilmember Gustav Larsson Councilmember Glenn Hendricks Councilmember Russ Melton Councilmember Omar Din Councilmember Anthony (Tony) Spitaleri Absent: 1 - Vice Mayor Alysa Cisneros Mayor Klein, and Councilmembers Larsson, Hendricks, Melton, Din and Spitaleri attended via teleconference. CLOSED SESSION REPORT Mayor Klein reported that Council met in closed session, CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION Closed Session held pursuant to California Government Code Section 54956.9(d)(1). Name of case: Jane Doe v. The City of Sunnyvale, The City of Sunnyvale Department of Public Safety, Joel Lockwood, Santa Clara County Superior Court, Case No. 22CV399041; pursuant to California Government Code Section 54957.182; the City Council authorized the City Attorney to defend the City in this pending litigation against the adverse party: Jane Doe. The litigation involves allegations of harassment and retaliation related to City of Sunnyvale Page 2 City Council Meeting Minutes July 26, 2022 their employment with the City of Sunnyvale. The vote carried with Mayor Klein and Councilmembers Larsson, Hendricks, Melton, Din and Spitaleri voting yes, Vice Mayor Cisneros absent. ORAL COMMUNICATIONS Councilmember Hendricks announced the current Board and Commission recruitment openings and the candidate nomination period for the election of City Councilmembers for Districts 1, 3 and 5. CONSENT CALENDAR Public Comment opened at 7:07 p.m. No speakers. Public Comment closed at 7:07 p.m. MOTION: Councilmember Melton moved and Councilmember Larsson seconded the motion to approve agenda items 1.A through 1.G. The motion carried with the following vote: Yes: 6 - Mayor Klein Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 Absent: 1 - Vice Mayor Cisneros 1.A 22-0576 Approve City Council Meeting Minutes of June 21, 2022 Approve the City Council Meeting Minutes of June 21, 2022 as submitted. 1.B 22-0369 Approve City Council Meeting Minutes of June 28, 2022 Approve the City Council Meeting Minutes of June 28, 2022 as submitted. 1.C 22-0183 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 22-0699 Award of Contract to FBD Vanguard Construction, Inc. in the City of Sunnyvale Page 3 City Council Meeting Minutes July 26, 2022 Amount of $293,276.25 for Lawrence Station Area Sidewalks and Bicycle Facilities and Finding of California Environmental Quality Act (CEQA) Categorical Exemption (PW22-10) Award a contract in substantially the same form as Attachment 2 to the report in the amount of $293,276.25 to FBD Vanguard Construction, Inc. of Livermore; Make a finding of categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section15301(c); Authorize the City Manager to execute the contract when all necessary conditions have been met; and Approve a 10% contingency in the amount of $29,328. 1.E 22-0731 Award of Contract to Brannon Corporation for Rehabilitation of Storm Drain Outfall at Remington Court (PW22-01) Award a contract in substantially the same form as Attachment 2 to the report in the amount of $313,600 to Brannon Corporation of Morgan Hill; Authorize the City Manager to execute the contract when all necessary conditions have been met; and Approve a 10% contingency in the amount of $31,360. 1.F 22-0641 Award and Authorize the City Manager to Execute a Contract with Linda Brunker for Public Art at the Civic Center Amphitheater in the Total Amount not to Exceed $321,000. Award and authorize the City Manager to execute a contract with Linda Brunker for Public Art at the Civic Center Amphitheater in the total amount not to exceed $321,000. 1.G 22-0219 Appoint a City of Sunnyvale Community Member Representative to the Valley Transportation Authority Bicycle and Pedestrian Advisory Committee Appoint Alex Bonne as Sunnyvale's community member representative for the Santa Clara Valley Transportation Authority (VTA) Bicycle and Pedestrian Advisory Committee for a two-year term, which begins retroactively on July 1, 2022 and ends on June 30, 2024. PUBLIC HEARINGS/GENERAL BUSINESS 2 22-0738 CHANGE OF HEARING DATE TO AUGUST 16, 2022. Proposed Project: Related applications on a 1.25-acre site: City of Sunnyvale Page 4 City Council Meeting Minutes July 26, 2022 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 & 490 S. Mathilda Avenue and 355 W. Olive Avenue (APNs:209-28-008 & 052) File #: 2021-7281 (DA) & 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 provisions and City CEQA Guidelines. Project Planner: Shaunn Mendrin, (408) 730-7431, smendrin@sunnyvale.ca.gov Community Development Director Trudi Ryan provided the staff report. Public Hearing opened at 7:09 p.m. No speakers. Public Hearing closed at 7:09 p.m. MOTION: Councilmember Melton moved and Councilmember Larsson seconded the motion to continue agenda item 2-Proposed Project: Related applications on a 1.25 acre site: Development Agreement (DA)… to the August 16, 2022 City Council meeting. The motion carried with the following vote: City of Sunnyvale Page 5 City Council Meeting Minutes July 26, 2022 Yes: 6 - Mayor Klein Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 Absent: 1 - Vice Mayor Cisneros 3 22-0773 Adopt a Resolution Calling for a General Municipal Election to be Held in the City of Sunnyvale on Tuesday, November 8, 2022, for the Purpose of Submitting to City Voters a Measure to Enact a Real Property Transfer Tax; Requesting Consolidation with the Statewide General Election and Election Services from Santa Clara County; Directing the City Attorney to Prepare an Impartial Analysis; and Setting Priorities for Ballot Arguments. Assistant Director of Finance Dennis Jaw provided the staff report and presentation. Public Hearing opened at 8:02 p.m. Zachary Kaufman spoke in opposition of a real property transfer tax; stated the details are not transparent to residents and suggested a tax should exempt all single-family homes. Marie Bernard, Sunnyvale Community Services, spoke in support for the passing of the measure to enact a real property transfer tax to be voted on in the November 2022 election. Edesa Bitbadal, Chief Public Policy Strategist, NAIOP Silicon Valley, voiced disagreement with placing the purposed real property tax on the November 2022 ballot, citing a lack of outreach and consideration to commercial real estate stake holders. Mason Fong spoke towards postponing the ballot measure until a full City Council is present and more community outreach is conducted. Chuck Fraleigh voiced support for the real property transfer tax as worded and City of Sunnyvale Page 6 City Council Meeting Minutes July 26, 2022 believes the increased tax revenue would provide needed funds for city services. Ryan Carrigan, Silicon Valley Association of Realtors, shared the organization would oppose the passing of a real property transfer tax ballot measure. Jen questioned how the real property transfer tax would be distributed between the City of Sunnyvale and the County of Santa Clara and shared concerns how the additional tax revenue would be appropriated. Agnes Veith spoke in support for the property real property transfer tax to be placed on the November 2022 ballot. Public Hearing closed at 8:19 p.m. MOTION: Councilmember Din moved and Mayor Klein seconded the motion to approve Alternative 1:Adopt a Resolution calling for a General Municipal Election to be held in the City of Sunnyvale on Tuesday, November 8, 2022, for the purpose of submitting to City voters a measure to enact a Real Property Transfer Tax of .75% on transfers $4,000,000 or greater; requesting consolidation with the Statewide General Election and election services from Santa Clara County; directing the City Attorney to prepare an impartial analysis; and setting priorities for ballot arguments, with the following modifications: Remove from the Ballot Question: “essential” and “addressing homelessness”, add language addressing the existing Real Property Transfer Tax and reduce the time frame for adjusting the Exemption Threshold from five years to two years. The motion failed with the following vote: Yes: 3 - Mayor Klein Councilmember Larsson Councilmember Din No: 3 - Councilmember Hendricks Councilmember Melton Councilmember Spitaleri Absent: 1 - Vice Mayor Cisneros MOTION: Councilmember Melton moved and Councilmember Spitaleri seconded the motion to approve Alternative 2: Do not adopt a Resolution placing the Real City of Sunnyvale Page 7 City Council Meeting Minutes July 26, 2022 Property Transfer Tax measure on the ballot and direct staff to not place the measure on the ballot in the November 8, 2022, election. The motion failed with the following vote: Yes: 3 - Councilmember Hendricks Councilmember Melton Councilmember Spitaleri No: 3 - Mayor Klein Councilmember Larsson Councilmember Din Absent: 1 - Vice Mayor Cisneros Council took a recess at 9:09 p.m. and reconvened at 9:15 p.m. with Mayor Klein, and Councilmembers Larsson, Hendricks, Melton, Din and Spitaleri present via teleconference. 4 22-0412 Adopt a Resolution to Approve the Final Engineer’s Report, Confirm the Assessment, and Levy and Collect an Annual Assessment for The Downtown Parking Maintenance District for Fiscal Year 2022/23 Public Works Director Chip Taylor provided the staff report. Public Hearing opened at 9:17 p.m. No speakers. Public Hearing closed at 9:17 p.m. MOTION: Councilmember Melton moved and Councilmember Din seconded the motion to approve Alternative 1: Adopt a Resolution to approve the final Engineer's Report, to confirm the assessment, and levy and collect an annual assessment for the Downtown Parking Maintenance District for FY 2022/23. The motion carried with the following vote: City of Sunnyvale Page 8 City Council Meeting Minutes July 26, 2022 Yes: 6 - Mayor Klein Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 Absent: 1 - Vice Mayor Cisneros 5 22-0704 Approve the Proposed Amendments to City Council Policy 7.4.3 Council Activity Calendar and Meeting Schedule Senior Management Analyst Michelle Zahraie provided the staff report. Public Hearing opened at 9:21 p.m. No speakers. Public Hearing closed at 9:21 p.m. MOTION: Councilmember Melton moved and Councilmember Din seconded the motion to approve Alternative 1: Approve proposed changes to Council Policy 7.4.3 (Council Activity Calendar and Meeting Schedule). The motion carried with the following vote: Yes: 6 - Mayor Klein Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 Absent: 1 - Vice Mayor Cisneros 6 22-0010 Consider Options and Provide Direction to: (1) Amend Sunnyvale Municipal Code Chapter 2.30 (Appointment Process to Fill Vacancies on the City Council) to Remove Ranked Choice Voting Provisions and add Impasse Language; and (2) Council Policy 7.3.15 (Appointment of Interim Councilmembers) to Remove Ranked Choice Voting City of Sunnyvale Page 9 City Council Meeting Minutes July 26, 2022 Provisions City Clerk David Carnahan provided the staff report. Public Hearing opened at 9:36 p.m. No speakers. Public Hearing closed at 9:36 p.m. MOTION: Councilmember Din moved and Councilmember Melton seconded the motion to approve Alternative 1: Direct Staff to return to Council with: (1) An Ordinance updating Sunnyvale Municipal Code Chapter 2.30 (Appointment Process to Fill Vacancies on the City Council) reflecting the options identified by Council; and (2) Similar updates to Council Policy 7.3.15 (Appointment of Interim Councilmembers): with Question 1-Option A, Question 2-Option A and Question 3-Option C2. The Motion carried with the following vote: Yes: 6 - Mayor Klein Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 Absent: 1 - Vice Mayor Cisneros 7 22-0726 Adopt a Resolution Amending the City's Salary Resolution and the Schedule of Pay to Increase the Salary Ranges for Pay Plan Category F (Unclassified Department Directors) City Manager Kent Steffens provided the staff report and presentation. Public Hearing opened at 9:57 p.m. No speakers. Public Hearing closed at 9:57 p.m. MOTION: Councilmember Melton moved and Councilmember Din seconded the motion to approve Alternative 1: Adopt a Resolution amending the City's Salary Resolution and Schedule of Pay to increase the salary ranges for Unclassified Department Director positions (Pay Plan Category F) effective July 24, 2022. City of Sunnyvale Page 10 City Council Meeting Minutes July 26, 2022 The motion carried with the following vote: Yes: 6 - Mayor Klein Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 Absent: 1 - Vice Mayor Cisneros COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Councilmember Din announced the Santa Clara Valley Water board meeting in the month of July was canceled. NON-AGENDA ITEMS & COMMENTS -Council MOTION: Councilmember Melton moved and Mayor Klein seconded the motion to agendize a budget supplement to allocate $5,500 from the Council Service Level Set-Aside to Caspar Airport Solutions for the addition of an ADS-B Receiver to capture all movements of aircraft equipped with the proper transponder not already captured by the current system. The motion carried with the following vote: Yes: 6 - Mayor Klein Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 Absent: 1 - Vice Mayor Cisneros -City Manager City Manager Kent Steffens announced the grand opening of Muwekma Park. City of Sunnyvale Page 11 City Council Meeting Minutes July 26, 2022 INFORMATION ONLY REPORTS/ITEMS 22-0715 Tentative Council Meeting Agenda Calendar 22-0716 Board/Commission Meeting Minutes 22-0717 Information/Action Items ADJOURNMENT Mayor Klein adjourned the meeting at 10:03 p.m. City of Sunnyvale Page 12