City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, January 4, 2022 5:00 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Study Session - 5 PM | Regular Meeting - 7 PM 5 P.M. SPECIAL COUNCIL MEETING (Study 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 December 14, 2021. Mayor Klein called the meeting to order at 5:00 p.m. via teleconference. Roll Call Present: 6 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton Councilmember Cisneros Councilmember Din Mayor Klein, Vice Mayor Hendricks and all Councilmembers attended via teleconference. Study Session A 22-0137 Recognition of Santa Clara Valley Science and Engineering Fair Association (SCVSEFA) Award Winners Forrest Williams recognized Santa Clara Valley Science and Engineering Fair Association award winners. Public Comment opened at 5:08 p.m. Anirudh Venkatraman shared remarks in acknowledgment of the award recipients. City of Sunnyvale Page 1 City Council Meeting Minutes January 4, 2022 Public Comment closed at 5:09 p.m. B 22-0119 El Camino Real Specific Plan Community Development Director Trudi Ryan and Senior Planner Jeffrey Cucinotta provided the staff report and presentation. Public Comment opened at 6:49 p.m. Alison Warner, Senior Vice President, Balboa Retail Partner shared concerns with the lack of opportunity for public comment and the changes impacting the ability of viable retail moving forward. Galen Kim Davis, Chair, Livable Sunnyvale shared support for implementing the El Camino Real Specific Plan (Plan) as soon as possible. Stephen Meier communicated support for the Plan and spoke towards including an aspect that assures commercial vehicles do not block El Camino Real traffic. Mike Serrone voiced support for the Plan and spoke towards the connection between housing and retail/commercial properties. Coleen Hausler shared support for maximizing housing along El Camino Real. Sue Serrone requested clarification on the incentive of providing 2% of valuation towards residential public art. She communicated support for incentives that support transportation stops and electric vehicle charging stations. A member of the public spoke towards the importance and function of retail/commercial business. Alon Golan spoke towards providing path access to nearby neighborhood streets for high-density residential sites along El Camino Real. Linda Sell voiced support for housing near transit and for moving forward with the Plan. Public Comment closed at 7:00 p.m. Adjourn Special Meeting City of Sunnyvale Page 2 City Council Meeting Minutes January 4, 2022 Mayor Klein adjourned the meeting at 7:00 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 December 14, 2021. Mayor Klein called the meeting to order at 7:05 p.m. via teleconference. ROLL CALL Present: 6 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton Councilmember Cisneros Councilmember Din Mayor Klein, Vice Mayor Hendricks and all Councilmembers attended via teleconference. SPECIAL ORDER OF THE DAY C 22-0057 Recognition of Outgoing Councilmember Tom Pyke, Congressman Ro Khanna's Office, shared remarks in recognition of former Councilmember Mason Fong. Congressman Ro Khanna provided remarks in recognition of former Councilmember Fong. Senator Josh Becker provided remarks in recognition of former Councilmember Fong. Assemblymember Evan Low shared remarks in recognition of former Councilmember Fong. Leslie Bulbuk, Assemblymember Marc Berman's Office, provided remarks in City of Sunnyvale Page 3 City Council Meeting Minutes January 4, 2022 recognition of former Councilmember Fong. Supervisor Otto Lee shared remarks in recognition of former Councilmember Fong. Public Hearing opened at 7:21 p.m. Chris Ratana shared recognition of former Councilmember Fong for his service to the Sunnyvale community. Michael Johnson indicated a desire to speak but was unable to provide public comment due to technical difficulties. Naomi Nakano-Matsumoto voiced recognition of former Councilmember Fong for his service to the City of Sunnyvale. Public Hearing closed at 7:25 p.m. Councilmembers provided remarks in recognition of former Councilmember Fong Gilbert Wong, Board of Trustee at Foothill-De Anza Community College District provided remarks in recognition of former Councilmember Fong. Mayor Klein extended remarks in recognition of former Councilmember Fong for his service to Sunnyvale. Former Councilmember Fong provided remarks. ORAL COMMUNICATIONS Councilmember Melton announced details of the current recruitment for various Boards and Commissions. A member of the public spoke towards activating an overnight warming center for unhoused individuals due to inclement weather. Michael Johnson shared remarks in recognition of former Councilmember Fong. Rose spoke towards hardships affecting unhoused individuals and voiced support for an overnight warming center. City of Sunnyvale Page 4 City Council Meeting Minutes January 4, 2022 Alec communicated support for providing resources such as warming centers for unhoused individuals. Helen Gettinger shared support for activating a warming center and collaboration between agencies to provide needed resources for unhoused individuals. Alyssa voiced support for activating a warming center due to inclement weather. CONSENT CALENDAR MOTION: Vice Mayor Hendricks moved and Councilmember Melton seconded the motion to approve agenda items 1.A through 1.D. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton Councilmember Cisneros Councilmember Din No: 0 1.A 22-0120 Approve City Council Meeting Minutes of December 7, 2021 Approve the City Council Meeting Minutes of December 7, 2021 as submitted. 1.B 22-0124 Approve City Council Meeting Minutes of December 14, 2021 Approve the City Council Meeting Minutes of December 14, 2021 as submitted. 1.C 22-0127 Authorize Amending an Existing Purchase Agreement to Extend the Master Lease and Authorize the City Manager to Execute Amendment #3 to Equipment Schedule #116137 with Yamaha Motor Finance Corp USA for Electric Golf Carts at the Sunnyvale and Sunken Gardens Golf Courses (F22-072) Authorize the City Manager to amend the existing purchase agreement to extend the Master Lease and authorize the City Manager to execute Amendment 3 to equipment schedule #116137 with Yamaha Motor Finance Corp USA, in substantially the same form as Attachment 1 to the report, for the lease of electric golf carts, extending the term of the contract until August 1, 2022 and increasing the City of Sunnyvale Page 5 City Council Meeting Minutes January 4, 2022 not-to-exceed contract amount by $35,000.00 for a new not-to-exceed total lease contract amount of $377,619.22. 1.D 22-0144 Reconsider and Affirm Resolution No. 1089-21; and Make Findings Pursuant to Government Code Section 54953(e) (AB 361) to Continue Virtual Public Meetings for the City Council and Boards, Commissions and Council Subcommittees During the COVID-19 State of Emergency Affirm Resolution 1089-21; and make findings pursuant to Government Code Section 54953(e) (AB 361) to continue virtual public meetings for the City Council and Boards, Commissions and Council Subcommittees during the COVID-19 State of Emergency: 1. The City Council hereby finds that the state of emergency conditions related to COVID-19, as set forth in Resolution No. 1099-21 adopted on December 14, 2021 and incorporated herein by reference, are on-going; 2. The City Council finds that there is a need to continue teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency; and 3. The City Council finds that the state of emergency continues to directly impact the ability of members of the City Council, Council Standing Committees, and City Boards and Commissions to meet safely in person. PUBLIC HEARINGS/GENERAL BUSINESS 2 22-0052 Selection of Vice Mayor for a One-Year Term Effective January 4, 2022 Mayor Klein opened the floor for nominations for Vice Mayor. Vice Mayor Hendricks nominated Councilmember Cisneros to serve as Vice Mayor. She accepted the nomination. Mayor Klein closed the nominations. Councilmember Cisneros provided comments. Public Hearing opened at 8:09 p.m. Christophe LaBelle shared support for the nomination of Councilmember Cisneros to serve as Vice Mayor. City of Sunnyvale Page 6 City Council Meeting Minutes January 4, 2022 Public Hearing closed at 8:11 p.m. Mayor Klein called for the vote on the nomination. Vote: Yes: 6 - Mayor Klein Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Cisneros Councilmember Din No: 0 Councilmember Cisneros was selected to serve as Vice Mayor for a one-year term effective January 4, 2022, expiring on the first regular meeting in January 2023. Councilmember Cisneros provided additional comments. 3 22-0020 Adopt an Urgency Interim Ordinance Amending Title 19 (Zoning) and Introduce an Ordinance Amending Titles 18 (Subdivisions) and 19 (Zoning) and Title 13 (Streets and Sidewalks) of the Sunnyvale Municipal Code Related to New State Legislation (Senate Bill 9) on Housing Development in Single-Family Zoning Districts and Find that the Action is Exempt from the California Environmental Quality Act Principal Planner Amber Blizinski provided the staff report and presentation. Public Hearing opened at 9:02 p.m. Richard Mehlinger spoke towards including R-2 zoning districts and eliminating the proposed parking requirements in the ordinances. Galen Kim Davis, Chair, Livable Sunnyvale shared the Board’s endorsement of Senate Bill 9 and of the urgency interim Ordinance. He encouraged Council approve the staff recommendation. Ari Feinsmith voiced support for not including parking requirements. City of Sunnyvale Page 7 City Council Meeting Minutes January 4, 2022 Tito communicated support for the ordinances. Carlene Nakagawa questions if lots could be subdivided after multiple housing units are constructed and who would pay to provide City services for additional residents. Mei-Ling Shek requested R-2 zoning be excluded from the ordinances. Steve Scandalis noted that Sunnyvale opposed SB 9 and requested Council revisit the parking requirements and inclusion of R-2 zoning in the ordinances. Public Hearing closed at 9:18 p.m. MOTION: Councilmember Hendricks moved and Councilmember Larsson seconded the motion to approve Alternative 1: - Find that the action is exempt from the California Environmental Quality Act ("CEQA") pursuant to Public Resource Code Section 15282(h) and does not constitute a "project" within the meaning of CEQA pursuant to CEQA Guidelines Section 15061(b)(3); - Adopt an Urgency Interim Ordinance amending Title 19 (Zoning) (Attachment 2 to the report); and - Introduce an Ordinance (Attachment 3 to the report) amending Title 18 (Subdivisions), Title 19 (Zoning) and Title 13 (Streets and Sidewalks) of the Sunnyvale Municipal Code related to new State Legislation Senate Bill 9 on housing development in single-family zoning districts with following modifications: -add text related to re-lettering the tables in Sections 19.18.030 and 19.28.080 in the ordinance and urgency interim ordinance. City Clerk David Carnahan read the Ordinance title into the record. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din No: 0 City of Sunnyvale Page 8 City Council Meeting Minutes January 4, 2022 Council took a recess at 9:25 p.m. and reconvened at 9:30 p.m. with all Councilmembers present via teleconference. 4 22-0054 Appoint Councilmembers to Intergovernmental Assignments; Ratify Appointments of Councilmembers made by Outside Agencies; Take Action to Modify, Create, or Terminate Council Subcommittees Public Hearing opened at 9:30 p.m. No speakers. Public Hearing closed at 9:30 p.m. MOTION: Councilmember Hendricks moved and Councilmember Din seconded the motion to approve Alternatives 1 and 2: 1. Ratify Community Member appointments and 2. Reaffirm Board and Commission Liaison assignments. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din No: 0 MOTION: Councilmember Hendricks moved and Mayor Klein seconded the motion to approve Alternative 3: Appoint Councilmember Din to the Boards and Commissions Subcommittee and Mayor Klein to the Community Event and Neighborhood Grant Subcommittee. Following discussion, Councilmember Hendricks withdrew the motion. MOTION: Mayor Klein moved and Councilmember Din seconded the motion to appoint Mayor Klein, Councilmember Larsson and Councilmember Din to the Boards and Commissions Subcommittee and Mayor Klein, Vice Mayor Cisneros and Councilmember Din to the Community Event and Neighborhood Grant Subcommittee. City of Sunnyvale Page 9 City Council Meeting Minutes January 4, 2022 Following discussion, Mayor Klein withdrew the motion. MOTION: Councilmember Melton moved and Councilmember Din seconded the motion to appoint Mayor Klein, Councilmember Melton and Councilmember Din to the Boards and Commissions Subcommittee and Mayor Klein, Vice Mayor Cisneros and Councilmember Din to the Community Event and Neighborhood Grant Subcommittee. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din No: 0 MOTION: Councilmember Din moved and Mayor Klein seconded the motion to appoint Councilmembers to serve on external intergovernmental agencies with the following changes from Attachment 1 to the report: - Santa Clara County Expressway 2040 Policy Advisory Board, Alternate: Councilmember Melton - South Bay Salt Ponds Restoration Stakeholder Forum: Councilmember Melton - Valley Transportation Authority (VTA) State Route (SR) 85 Corridor Policy Advisory Board (PAB): Mayor Klein - VTA SR 85 Corridor PAB, Alternate: Councilmember Hendricks - VTA Policy Advisory Committee (PAC): Councilmember Din - VTA Policy Advisory Committee (PAC), Alternate: Vice Mayor Cisneros - Water Emergency Transportation Authority Community Advisory Committee: Councilmember Melton The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din City of Sunnyvale Page 10 City Council Meeting Minutes January 4, 2022 No: 0 MOTION: Councilmember Hendricks moved and Mayor Klein seconded the motion to approve Alternative 6: Ratify appointments made by outside agencies including pre-ratification of appointments that are still pending. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din No: 0 5 22-0019 Approve Amendments to Council Policy 7.3.19 (Council Meetings) Adding a Process for City Council Colleague Memorandums to Propose new Agenda Items City Clerk David Carnahan provided the staff report. Public Hearing opened at 9:54 p.m. No speakers. Public Hearing closed at 9:54 p.m. MOTION: Councilmember Din moved the motion to approve Alternatives 2 and 3: - 2: Approve amendments to Council Policy 7.3.19 (Council Meetings) adding a process for City Council Colleague Memorandums to propose new agenda items, including pilot language rendering the amendments inoperative on January 1, 2023; and - 3: Approve amendments to Council Policy 7.3.19 (Council Meetings) adding a process for City Council Colleague Memorandums to propose new agenda items and direct staff to schedule a review of the Council Policy after one-year from its approval. Councilmember Din withdrew the motion before it received a second. MOTION: Councilmember Din moved and Councilmember Larsson seconded the motion to approve Alternatives 2 and 3: - 2: Approve amendments to Council Policy 7.3.19 (Council Meetings) adding a City of Sunnyvale Page 11 City Council Meeting Minutes January 4, 2022 process for City Council Colleague Memorandums to propose new agenda items, including pilot language rendering the amendments inoperative on January 1, 2023; and - 3: Approve amendments to Council Policy 7.3.19 (Council Meetings) adding a process for City Council Colleague Memorandums to propose new agenda items and direct staff to schedule a review of the Council Policy after one-year from its approval with the following modification: review after 11-months from its approval. The motion carried with the following vote: Yes: 5 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Melton Councilmember Din No: 1 - Councilmember Hendricks 6 22-0125 Authorize the City Manager to Sign an Agreement for Sale of Real Estate with City and County of San Francisco, Acting by and through its Public Utilities Commission for the City of Sunnyvale to Purchase Approximately 14,819 Square Feet of Unimproved Real Property Adjacent to Manzano Way near Oak Creek Way (portions of APNs 104-28-066 and 104-28-071) and Approve Corresponding Budget Modification No.12 for $1,165,000 Public Works Director Chip Taylor provided the staff report and presentation. Public Hearing opened at 10:25 p.m. Richard Lesher raised concerns with the usability and resale potential of the property. Tony communicated support for the City's purchase of the property. Richard Mehlinger voiced support for the City's purchase of the property to implement a provision of the Active Transportation Plan. Steve Scandalis shared opposition to the purchase of the property. Public Hearing closed at 10:34 p.m. City of Sunnyvale Page 12 City Council Meeting Minutes January 4, 2022 MOTION: Councilmember Hendricks moved and Councilmember Din seconded the motion to approve Alternative 1: Authorize the City Manager to execute an agreement for Sale of Real Estate with City and County Of San Francisco, acting by and through its Public Utilities Commission, in substantially the same form as Attachment 1 to the report, and any other necessary documents for the purchase of real property described as portions of APNs 104-28-066 and 104-28-071; and approve Budget Modification No. 12 in the amount of $1,165,000. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din No: 0 7 22-0126 Consider Amending the Employment Agreement between the City of Sunnyvale and City Manager Kent Steffens to Modify the City Manager Salary and/or Benefits, and Adopt a Resolution Amending the Salary Resolution Schedule of Pay to Increase the City Manager Salary Range City Manager Kent Steffens left the teleconference meeting during consideration of this agenda item. Human Resources Director Tina Murphy provided the staff report. Public Hearing opened at 10:51 p.m. No speakers. Public Hearing closed at 10:51 p.m. MOTION: Vice Mayor Cisneros moved and Councilmember Larsson seconded the motion to approve Alternative 1: Adopt a resolution amending the City’s Salary Resolution to increase the salary range for the City Manager position to $302,041 - $410,800; increase the salary by 6.0%, with a one-time $10,000 bonus; and authorize the Mayor to execute an amendment to the City Manager’s Employment Agreement, in a form approved by the City Attorney, reflecting the salary and benefit changes directed by Council. City of Sunnyvale Page 13 City Council Meeting Minutes January 4, 2022 The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din No: 0 8 22-0053 Determine the 2022 Seating Arrangements for City Council Public Hearing opened at 10:56 p.m. Martin Pyne voiced support for returning to in-person Council meetings when appropriate. Public Hearing closed at 10:57 p.m. By consensus and in order of seniority, Council determined the seating arrangements for 2022 as follows: Mayor Klein will remain in the Mayor’s seat (Seat 4). Vice Mayor Cisneros selected to take Seat 3. Councilmember Larsson selected to take Seat 5. Councilmember Hendricks selected to take Seat 1. Councilmember Melton selected to take Seat 6. Councilmember Din selected to take Seat 2. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Councilmember Larsson shared details of a green energy update presented at a recent Silicon Valley Clean Energy meeting. NON-AGENDA ITEMS & COMMENTS City of Sunnyvale Page 14 City Council Meeting Minutes January 4, 2022 -Council None. -City Manager None. INFORMATION ONLY REPORTS/ITEMS 22-0106 Tentative Council Meeting Agenda Calendar 22-0107 Board/Commission Meeting Minutes 22-0108 Information/Action Items ADJOURNMENT Mayor Klein adjourned the meeting at 11:02 p.m. City of Sunnyvale Page 15