The Sunnyvale City Council weighed in on a variety of proposed law changes for the upcoming November election.
At its most recent meeting on Sept. 24, the council supported several propositions and measures while opposing another calling for more local autonomy on rent control. Three of the council’s positions involved education, two were the city’s proposed charter amendment and library bond measure and another also dealt with housing.
City employees recommended many of the stances for the November election, keeping those recommendations narrow on how they directly affect Sunnyvale governance or residents. Most of the council’s adopted positions were in line with city employee recommendations, but the council also added a few of its own.
The council supported two education bond measures, one for Cupertino Union School District (Measure Z) and another for community colleges and public schools (Prop. 2). The other educational item renews a tax for Sunnyvale School District (Measure Y).
In addition to unanimous support of those November election proposals, the council also unanimously supported two other bonds. One aims to mitigate climate risks (Prop. 4). The other lowers the threshold for infrastructure and below-market-rate housing bonds to 55% voter approval (Prop. 5).
The city’s two measures in the November election, Measures E and F, will change the city’s charter and propose yet another bond measure to pay for a new main library.
Proposed amendments to the charter will make its language gender-neutral, make requirements for city commissions the same as those named in the charter and allow more flexibility for the council calendar. Just as before, Council Member Russ Melton abstained, but the rest of the council supported it.
Support for the library bond was unanimous.
A proposition that repeals Prop. 8, which banned gay marriage in California prior to a U.S. Supreme Court ruling legalizing it, to indemnify the state should the Supreme Court overturn that decision also saw unanimous support.
“The preservation of marriage equality is vital,” Council Member Richard Mehlinger said. “It is not just vital because it is a core civil right and civil liberty for our residents — for members of the LGBT community, including myself — it is vital to our continued economic prosperity and the continued good functioning of our city government.”
Defaulting to Prop. 8’s prohibition on gay marriage could have far-reaching consequences that would be “emotionally devastating and economically devastating,” he said. It would leave married gay couples in “a state of limbo,” possibly causing many to flee to states that recognize their marriage.
The only state proposition the council opposed, Prop. 33, allows cities to institute rent control locally.
Mehlinger said the problem is that the law has “no guard rails.” Mayor Larry Klein said it is “poorly written, poorly conceived.”
Council Member Russ Melton said the topic could be on a “Mount Rushmore of ballot initiatives.” The law would allow cities to skirt housing construction requirements and does “nothing to increase supply,” he said.
“The really worrying thing about rent control, to my way of thinking, if Prop 33 passes, is that it is possible for cities to weaponize rent control by setting limitations that are so strict that nobody will want to build new housing as a complete anathema to what we are trying to accomplish here,” Melton said.
Another ballot initiative not presented by city employees (Prop. 32) would increase the state minimum wage.
Klein pointed to three cities in the Bay Area — Saratoga, Los Gatos and Campbell — that only require the state minimum. He called their lagging behind other affluent cities in the area “unconscionable.”
“We need to help working families in our community,” Klein said. “There are those who are abusing the system.”
Finally, the council debated whether to adopt a recommendation to support a law that would be tougher on property crime. The proposed change, Prop. 36, would dial back restrictions on prosecuting theft put in place by Prop. 47.
Prop. 47 made theft below $950 a misdemeanor. The proposed change would allow felony charges for repeat offenders and for courts to mandate drug treatment for offenders.
Police Chief Phan Ngo said the law “adds teeth” to enforcement and deters property crime.
“When you make it mandatory for people to receive treatment, you are not punishing people. You are actually helping people because of their drug addiction issues that are forcing them to commit these crimes,” Ngo said. “I want to get in front of it. We are in a good position, but crime is regional. There are no boundaries.”
While he supported removing the “metaphorical handcuffs,” Prop. 47 slapped on police, Council Member Omar Din isn’t convinced Prop. 36 addresses the reason Prop. 47 passed, which was to address overcrowding in prisons.
Mehlinger joined Din’s dissent, saying the proposal will “create chaos” for the county and in the jails and prisons because it doesn’t allocate any money to grapple with the fallout.
“We clearly need to take a different approach to how we’re handling organized retail crime, to how we’re handling drug addiction in this state, but a throw-the-book-at-them proposition that does not come with any funding attached to handle the consequences of its adoption, that is not the way,” he said.
However, the two were in the minority.
Klein agreed that the proposed law is “not a perfect thing” but said Californians “can’t wait any longer.”
The council approved supporting Prop. 36 in a 4-2 vote.
Consent Calendar Spending
The council approved the following spending in one motion via the consent calendar:
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A two-year $420,000 purchase agreement with e-Builder, Inc. for software licensing.
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A three-year $600,000 contract with Able Construction Group, Inc. for sewer line maintenance and repair.
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A $500,000 agreement with Sunnyvale Community Services for the Sunnyvale Tenant Based Rental Assistance Program.
Council Member Alysa Cisneros was absent.
The council meets again at 7 p.m. Tuesday, Oct. 1 in the Council Chambers at City Hall, 456 W. Olive Ave. in Sunnyvale.
To submit public comments ahead of the meeting, visit http://Sunnyvale.ca.gov/PublicComments; Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/96111580540; meeting call-in telephone number: 833-548-0276, meeting ID: 961 1158 0540.
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