City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, January 25, 2022 5:30 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Closed Session - 5:30 PM | Special Meeting: Study Session - 6 PM | Regular Meeting - 7 PM | Special Joint Meeting with the Sunnyvale Financing Authority - 7 PM 5:30 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 January 4, 2022. Mayor Klein called the meeting to order at 5:30 p.m. via teleconference. Roll Call Present: 6 - Mayor Larry Klein Vice Mayor Alysa Cisneros Councilmember Gustav Larsson Councilmember Glenn Hendricks Councilmember Russ Melton Councilmember Omar Din Mayor Klein, Vice Mayor Cisneros and all Councilmembers attended via teleconference. Public Comment Public Comment opened at 5:32 p.m. No speakers. Public Comment closed at 5:32 p.m. Convene to Closed Session A 22-0214 CONFERENCE WITH LEGAL COUNSEL-SETTLEMENT OF WORKER’S COMPENSATION CLAIM City of Sunnyvale Page 1 City Council Meeting Minutes January 25, 2022 Closed Session held pursuant to California Government Code Section 54956.95(b): Johnson, Hilarion v. City of Sunnyvale (WCAB ADJ11693933) Adjourn Special Meeting Mayor Klein adjourned the meeting at 5:40 p.m. 6 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 January 4, 2022. Vice Mayor Cisneros called the meeting to order at 6:00 p.m. via teleconference. Roll Call Present: 6 - Mayor Larry Klein Vice Mayor Alysa Cisneros Councilmember Gustav Larsson Councilmember Glenn Hendricks Councilmember Russ Melton Councilmember Omar Din Mayor Klein, Vice Mayor Cisneros and all Councilmembers attended via teleconference. Study Session B 22-0056 Housing Element Chelsey Payne, Director of Urban Design and Planning, Ascent, provided the staff report and presentation. Public Comment opened at 6:50 p.m. Agnes Veith, Livable Sunnyvale Housing Element Committee, Co-Chair shared support for partnering with the City to build a more diverse and equitable community. City of Sunnyvale Page 2 City Council Meeting Minutes January 25, 2022 Mike Serrone, Livable Sunnyvale Housing Element Committee, voiced support for transparent and concise options to encourage public input. Angela Rausch, Livable Sunnyvale, communicated support for affirmatively encouraging fair housing across the City. Chuck Fraleigh, Livable Sunnyvale, shared support for increasing affordable housing production. Liam Davis, Livable Sunnyvale Housing Element Committee, voiced support for additional outreach to under represented communities, including youth in the community. Galen Kim Davis shared that south Sunnyvale is not seeing sufficient families with young children moving into the neighborhood and encouraged more housing in this area, without adding parking supply. Richard Mehlinger communicated support for increasing Village Center density from 18 units per acre to 30 units per acre, additional smaller ownership units and reviewing the City's parking standards. Justin Wang, Advocacy Manager, Greenbelt Alliance, voiced support for including reducing greenhouse gas emissions as part of the Housing Element Update. Kenneth Rosales, Senior Planning Associate, SV@Home, shared support for Livable Sunnyvale's recommendations to spread low income and very low income units throughout Sunnyvale and to include anti-displacement measures. Public Comment closed at 7:01 p.m. Adjourn Special Meeting Vice Mayor Cisneros adjourned the meeting at 7:01 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 January 4, 2022. City of Sunnyvale Page 3 City Council Meeting Minutes January 25, 2022 Mayor Klein called the meeting to order at 7:05 p.m. via teleconference. ROLL CALL Present: 6 - Mayor Larry Klein Vice Mayor Alysa Cisneros Councilmember Gustav Larsson Councilmember Glenn Hendricks Councilmember Russ Melton Councilmember Omar Din Mayor Klein, Vice Mayor Cisneros and all Councilmembers attended via teleconference. CLOSED SESSION REPORT Vice Mayor Cisneros reported that Council met in Closed Session on January 13, 2022, CONFERENCE WITH LEGAL COUNSEL-PENDING LITIGATION Closed Session held pursuant to California Government Code Section 54956.9(d)(1). Name of case: Georgette Purnell v. City of Sunnyvale Police Department Officers Clyde Chen and Puaolena Reis, United States District Court, Northern District of California, Case No. 5:18-cv-02113-EJD; Council voted unanimously to settle the claim in the amount of $75,000. Vice Mayor Cisneros reported that Council met in Closed Session CONFERENCE WITH LEGAL COUNSEL SETTLEMENT OF WORKER’S COMPENSATION CLAIM Closed Session held pursuant to California Government Code Section 54956.95(b): Johnson, Hilarion v. City of Sunnyvale (WCAB ADJ11693933); nothing to report. SPECIAL ORDER OF THE DAY C 22-0051 Recognition of Outgoing Vice Mayor Leslie Bulbuk, Assemblymember Marc Berman’s office provided remarks in appreciation of former Vice Mayor Hendricks. Public Hearing opened at 7:10 p.m. No speakers. Public Hearing closed at 7:10 p.m. Mayo Klein provided remarks in appreciation of former Vice Mayor Hendricks. City of Sunnyvale Page 4 City Council Meeting Minutes January 25, 2022 Councilmember Hendricks provided remarks. D 22-0058 Ceremonial Oath of Office for Vice Mayor Former Mayor Melinda Hamilton administered the Oath of Office to Vice Mayor Cisneros. Public Hearing opened at 7:17 p.m. Agnes Veith voiced support for the City having a female Vice Mayor. Public Hearing closed at 7:17 p.m. Vice Mayor Cisneros provided remarks. ORAL COMMUNICATIONS Vice Mayor Cisneros announced details of the current recruitment for various Boards and Commissions and the upcoming Sustainability Speaker Series event: This Old Zero-Emission House: Climate Retrofits on a Limited Budget. Giulianna Pendleton, Environmental Advocate, Santa Clara Valley Audubon Society, shared details of increasing light pollution and its impacts on humans and nature. Stephen Meier reported the successful work of Department of Public Safety Officers during an automobile burglary and requested the City provide more communication to the community when a police helicopter is active in Sunnyvale. Dashiell Leeds communicated negative impacts of light pollution and requested the City explore a light pollution ordinance. CONSENT CALENDAR MOTION: Councilmember Din moved and Vice Mayor Cisneros seconded the motion to approve agenda items 1.A through 1.H. The motion carried with the following vote: City of Sunnyvale Page 5 City Council Meeting Minutes January 25, 2022 Yes: 6 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din No: 0 1.A 22-0139 Approve City Council Meeting Minutes of January 4, 2022 Approve the City Council Meeting Minutes of January 4, 2022 as submitted. 1.B 22-0140 Approve the Joint City Council and Redistricting Commission Meeting Minutes of January 13, 2022 Approve the Joint City Council and Redistricting Commission Meeting Minutes of January 13, 2022 as submitted. 1.C 22-0169 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 22-0165 Authorize the City Manager to Execute the Regional Early Action Planning Grant Suballocation Agreement with the Association of Bay Area Governments and Approve Budget Modification No. 13 in the Amount of $105,059 to Provide Reimbursable Grant Funding for the 2023-2031 Housing Element Update and 2020 Housing Strategy Implementation. Authorize the City Manager to execute the Regional Early Action Planning Grant Suballocation Agreement with the Association of Bay Area Governments and approve Budget Modification No. 13 in the amount of $105,059 to provide reimbursable grant funding for the 2023-2031 Housing Element Update and 2020 Housing Strategy Implementation. 1.E 22-0102 Adopt a Resolution to Summarily Vacate A Portion of Slope Easement at 1362 and 1376 Borregas Avenue Adopt the Resolution to summarily vacate a portion of the 18-foot wide slope easement at 1390 Borregas Avenue; and to authorize and direct the City Clerk to record a certified copy of the resolution, attested by the City Clerk under seal, with the Santa Clara County Recorder's Office. City of Sunnyvale Page 6 City Council Meeting Minutes January 25, 2022 1.F 22-0196 Adopt a Resolution Updating the City Council Regular Meeting Calendar for 2022 through February 2023 Adopt a Resolution updating the City Council Regular Meeting Calendar for 2022 through February 2023 as submitted. 1.G 22-0229 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. 1.H 22-0248 Adopt Ordinance No. 3189-22 to add Chapter 19.78 (Dual Urban Opportunity Housing) to Title 19 (Zoning) and Chapter 18.26 (Urban Lots Splits) to Title 18 (Subdivisions), to make other related amendments to Tile 19 (Zoning), and to Amend Chapter 13.08 (Right-of-Way Encroachments) of Title 13 (Streets and Sidewalks) of the Sunnyvale Municipal Code Adopt Ordinance No. 3189-22. PUBLIC HEARINGS/GENERAL BUSINESS 2 22-0060 Annual Public Hearing-Discussion of Potential Council Study Issues and Budget Proposals for Calendar Year 2022 Senior Management Analyst Michelle Zahraie provided the staff report and City of Sunnyvale Page 7 City Council Meeting Minutes January 25, 2022 presentation. Public Hearing opened at 7:39 p.m. Giulianna Pendleton, Environmental Advocate, Santa Clara Valley Audubon Society, communicated support for Study Issue DPW 22-03 Research Possible Causes of & Potential Mitigation Measures for Nuisance Bird Populations in Sunnyvale Public Spaces and requested evaluating reducing lighting downtown. Kristina Pistone voiced support for Study Issue ESD 22-02 Promotion and Assessment of Sustainable Landscaping Strategies and offered suggestions to help address climate change. Richard Mehlinger shared support for Study Issues DPW 22-03 and ESD 22-02. He proposed a study issue to encourage neighborhood clean up activities along with a study issue to provide trash cans and ashtrays on sidewalks. Mallory Mitton, Silicon Valley Youth Climate Action-Sunnyvale Action Team, communicated support for Study Issue DPW 22-04 Street Tree Repopulation with an Equity Lens. Jill Halloran voiced support for addressing light pollution along with street tree repopulation and maintaining existing trees. Anya Gajula, Silicon Valley Youth Climate Action-Sunnyvale Action Team, shared support for Study Issue CDD 19-07 Develop Citywide Guidelines or Criteria for Allowing Reduced Parking for Development Projects and for Future. Ethan Mahimainathan, Silicon Valley Youth Climate Action-Sunnyvale Action Team, communicated support for Study Issue FIN 22-01 Explore a General Election Ballot Measure to Fund Bicycle and Pedestrian Infrastructure Projects. Ishaan Goel, Silicon Valley Youth Climate Action-Sunnyvale Action Team, voiced support for Study Issue DPW 20-03 Waste Reduction Initiative in Sunnyvale Parks. Stephen Meier proposed a study issue to explore mid-block pedestrian crossings on Mathilda Avenue and El Camino Real. Public Hearing closed at 7:53 p.m. City of Sunnyvale Page 8 City Council Meeting Minutes January 25, 2022 Vice Mayor Cisneros proposed a study issue to investigate potential locations, funding and outreach for overnight warming shelters during winter months and/or when extreme weather or cold weather events take place. Mayor Klein along with Councilmembers Melton and Din co-sponsored the study issue. Vice Mayor Cisneros proposed a study issue to reevaluate thresholds used to determine if a street is eligible for traffic calming, including volume and speed. The study should include what measures are available to calm and slow streets and when these options should be considered when a street meets the outlined criteria. Councilmember Din co-sponsored the study issue. Mayor Klein proposed a study issue to evaluate range of opportunities for an on‐demand shuttle service in Sunnyvale, including looking into tech options, availability of electric shuttles and funding. Vice Mayor Cisneros along with Councilmembers Melton and Din co-sponsored the study issue. Councilmember Din proposed a study issue to review and change the process for naming City parks to incorporate a more diverse cultural history. The scope should include South Asian culture, and at least one park name change to incorporate South Asian culture. Vice Mayor Cisneros co-sponsored the study issue. ADJOURNMENT TO SPECIAL JOINT MEETING OF THE CITY COUNCIL AND SUNNYVALE FINANCING AUTHORITY Mayor Klein adjourned the Council meeting to the Special Joint Meeting of the City Council and Sunnyvale Financing Authority at 8:03 p.m. 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 January 4, 2022. Authority Chair / Mayor Klein called the joint City Council and Sunnyvale Financing Authority meeting to order at 8:03 p.m. via teleconference. ROLL CALL Present: 6 - Authority Chair / Mayor Larry Klein Authority Vice Chair / Vice Mayor Alysa Cisneros Authority Member / Councilmember Gustav Larsson Authority Member / Councilmember Glenn Hendricks City of Sunnyvale Page 9 City Council Meeting Minutes January 25, 2022 Authority Member / Councilmember Russ Melton Authority Member / Councilmember Omar Din Authority Chair / Mayor Klein, Authority Vice Chair / Vice Mayor Cisneros and all Authority Members / Councilmembers attended via teleconference. PUBLIC COMMENT (ON SPECIAL MEETING ITEMS ONLY) Public Comment opened at 8:05 p.m. No speakers. Public Comment closed at 8:05 p.m. CONSENT CALENDAR MOTION: Authority Vice Chair Cisneros moved and Authority Member Larsson seconded the motion to approve items 3.A.through 3.B. The motion carried with the following vote: Yes: 6 - Authority Chair Klein Authority Vice Chair Cisneros Authority Member Larsson Authority Member Hendricks Authority Member Melton Authority Member Din No: 0 3.A 22-0156 Approve Joint City Council and Sunnyvale Financing Authority Meeting Minutes of June 15, 2021 Approve the Joint City Council and Sunnyvale Financing Authority Meeting Minutes of June 15, 2021 as submitted. 3.B 22-0148 Adopt a Resolution Making Findings Pursuant to Government Code Section 54953 (e) (AB 361) to Conduct Virtual Public Meetings for the Sunnyvale Financing Authority During the COVID-19 State of Emergency Adopt a Resolution making findings pursuant to Government Code Section 54953(e) to conduct virtual public meetings for the Sunnyvale Financing Authority during the COVID-19 State of Emergency. City of Sunnyvale Page 10 City Council Meeting Minutes January 25, 2022 PUBLIC HEARINGS/GENERAL BUSINESS 4 22-0224 Receive and File the FY 2020/21 Annual Comprehensive Annual Financial Report (ACFR), the Sunnyvale Financing Authority Financial Report, Agreed Upon Procedure Reports, and the Report to the City Council Issued by the Independent Auditors, and Approve Budget Modification No. 15 in the amount of $13,258,782. Assistant Finance Director Dennis Jaw and Benjamin Lau, Partner, MGO provided the staff report and presentation. COUNCIL MOTION: Councilmember Melton moved and Councilmember Din seconded the motion to approve Alternative 1: Receive and file the audited Comprehensive Annual Financial Report, Agreed Upon Procedure Reports and the Report to the City Council issued by the independent auditors, and Approve Budget Modification No. 15 in the amount of $13,258,782 with modifications: - Increase the transfer to the Employee Benefits Fund - Pension Trust to $1.6 million; - Decrease the transfer to the Budget Stabilization Fund by $819,761; - Increase the transfer to the Temporary Housing for Unhoused Individuals Project to $1 million; - Decrease the transfer to the Budget Stabilization Fund by an additional $500,000. The motion failed with the following vote: Yes: 3 - Vice Mayor Cisneros Councilmember Melton Councilmember Din No: 3 - Mayor Klein Councilmember Larsson Councilmember Hendricks MOTION: Councilmember Melton moved and Councilmember Din seconded the motion to approve Alternative 1: Receive and file the audited Comprehensive Annual Financial Report, Agreed Upon Procedure Reports and the Report to the City Council issued by the independent auditors, and Approve Budget Modification City of Sunnyvale Page 11 City Council Meeting Minutes January 25, 2022 No. 15 in the amount of $13,258,782. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din No: 0 SUNNYVALE FINANCING AUTHORITY MOTION: Authority Member Melton moved and Authority Member Din seconded the motion to approve Alternative 1: Receive and file the Sunnyvale Financing Authority Financial Report. The motion carried with the following vote: Yes: 6 - Authority Chair Klein Authority Vice Chair Cisneros Authority Member Larsson Authority Member Hendricks Authority Member Melton Authority Member Din No: 0 ADJOURN SPECIAL MEETING Authority Chair / Mayor Klein adjourned the joint City Council and Sunnyvale Financing Authority meeting at 9:39 p.m. Council took a recess at 9:39 p.m. and reconvened at 9:45 p.m. with all Councilmembers present via teleconference. RECONVENE TO CITY COUNCIL MEETING Mayor Klein reconvened the City Council Meeting at 9:45 p.m. City of Sunnyvale Page 12 City Council Meeting Minutes January 25, 2022 5 22-0061 Approve the Proposed 2022 Priority Advocacy Issues and Review Long-term Legislative Advocacy Positions (LAPs) Senior Management Analyst Michelle Zahraie provided the staff report and presentation. Public Hearing opened at 9:59 p.m. Galen Kim Davis, Chair, Livable Sunnyvale, shared support for the letter submitted by Livable Sunnyvale and requested softening the language in Priority Advocacy Issue 9, Affordable Housing and Homelessness, relating to local control. Public Hearing closed at 10:02 p.m. MOTION: Councilmember Hendricks moved and Councilmember Larsson seconded the motion to approve Alternative 1: Approve the proposed 2022 Priority Advocacy Issues (Attachment 1 to the report) and Council Policy Long-term Advocacy Positions as proposed to be amended (Attachment 2 in the report). The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din No: 0 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Councilmember Larsson shared a recent report at a Bay Area Water Supply and Conservation Agency (BAWSCA) meeting reviewing potential threats to the Hetch Hetchy Water System. Councilmember Din shared appointments made at a recent Valley Transportation Authority (VTA) Policy Advisory Committee meeting, Cupertino Councilmember Kitty Moore was reappointed Chair and Campbell Councilmember Sergio Lopez was appointed Vice Chair. NON-AGENDA ITEMS & COMMENTS City of Sunnyvale Page 13 City Council Meeting Minutes January 25, 2022 -Council Vice Mayor Cisneros requested an update on actions being taken to address crows in the community. City Manager Kent Steffens reported staff are using green lasers and testing other measures to disperse crows. -City Manager City Manager Kent Steffens provided an overview of the upcoming Council Strategic Planning Workshop. INFORMATION ONLY REPORTS/ITEMS 22-0141 Tentative Council Meeting Agenda Calendar 22-0142 Board/Commission Meeting Minutes 22-0143 Information/Action Items 22-0059 Annual Review of New Laws (Information Only) 22-0105 Local Appointments List - Maddy Act (Information Only) 22-0200 Board/Commission Resignation (Information Only) ADJOURNMENT Mayor Klein adjourned the meeting at 10:21 p.m. City of Sunnyvale Page 14