City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, January 24, 2023 6:00 PM Online and Council Chambers, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 (607 All America Way for map directions) Special Meeting: Study Session - 6 PM | Regular Meeting - 7 PM 6 P.M. SPECIAL COUNCIL MEETING (Study Session) Call to Order Pursuant to Government Code Subdivision 54953(e), Councilmembers had the opportunity to participate in the meeting telephonically; pursuant to state law, the City Council made the necessary findings by adopting Resolution No. 1089-21, reaffirmed on January 10, 2023. Vice Mayor Din called the meeting to order at 6:01 p.m. Roll Call Present: 7 - Mayor Larry Klein Vice Mayor Omar Din Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Richard Mehlinger Councilmember Murali Srinivasan Councilmember Linda Sell Mayor Klein attended the meeting via teleconference. Study Session A 23-0082 Corporation Yard Master Plan Assistant City Engineer Nate Scribner and Public Works Director Chip Taylor provided the staff report and presentation. Public Comment opened at 6:47 p.m. City of Sunnyvale Page 1 City Council Meeting Minutes January 24, 2023 Tara Martin-Milius spoke in support for the Corporation Yard Master Plan to incorporate infrastructure and development to limit greenhouse gas emissions. Kristel Wickham communicated suggestions to develop facilities that support renewable energy usage and battery storage. Public Comment closed at 6:52 p.m. Adjourn Special Meeting Vice Mayor Din adjourned the meeting at 6:52 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Pursuant to Government Code Subdivision 54953(e), Councilmembers had the opportunity to participate in the meeting telephonically; pursuant to state law, the City Council made the necessary findings by adopting Resolution No. 1089-21, reaffirmed on January 10, 2023. Vice Mayor Din called the meeting to order at 7:01 p.m. SALUTE TO THE FLAG Vice Mayor Din led the salute to the United States flag. ROLL CALL Present: 7 - Mayor Larry Klein Vice Mayor Omar Din Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Richard Mehlinger Councilmember Murali Srinivasan Councilmember Linda Sell Mayor Klein attended the meeting via teleconference. SPECIAL ORDER OF THE DAY B 23-0239 Slavery and Human Trafficking Prevention Month City of Sunnyvale Page 2 City Council Meeting Minutes January 24, 2023 Vice Mayor Din spoke in recognition of Slavery and Human Trafficking Prevention Month. ORAL COMMUNICATIONS Councilmember Cisneros announced details of the current recruitment for various Boards and Commissions. Rani Fischer, Santa Clara Valley Audubon Society, provided a presentation on problems associated with light pollution. CONSENT CALENDAR Mayor Klein shared a statement regarding agenda item 1.K regarding conversations that took place between Councilmembers following the January 10, 2023 Council consideration of the item. Public Comment opened at 7:11 p.m. No speakers. Public Comment closed at 7:11 p.m. Mayor Klein registered a recusal for agenda item 1.K due to a conflict of interest – owning real property within 500 feet of the Downtown Specific Plan area. MOTION: Councilmember Melton moved and Councilmember Cisneros seconded the motion to approve agenda items 1.A through 1.J. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 1.A 23-0017 Approve City Council Meeting Minutes of January 3, 2023 Approve the City Council Meeting Minutes of January 3, 2023 as submitted. City of Sunnyvale Page 3 City Council Meeting Minutes January 24, 2023 1.B 23-0032 Approve City Council Meeting Minutes of January 10, 2023 Approve the City Council Meeting Minutes of January 10, 2023 as submitted. 1.C 23-0018 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 23-0140 Adopt a Resolution Amending the Classification Plan and the City’s Salary Resolution to Change the Classification Titles for Recycled Water Coordinator and Superintendent of Facilities Maintenance, Make Corresponding Title Changes in the Schedule of Pay, and Increase the Salary of the Recycled Water Classification Adopt a Resolution amending the Classification Plan and the City’s Salary Resolution to change the Classification Titles for Recycled Water Coordinator and Superintendent of Facilities Maintenance, make corresponding Title changes in the Schedule of Pay, and increase the Salary of the Recycled Water Classification. 1.E 23-0143 Authorize the City Manager to Execute a Grant Agreement with Second Harvest of Silicon Valley from Council Set Aside Funds and Approve Budget Modification No.11 in the Amount of $47,569.86 Authorize the City Manager to execute a Grant Agreement, in a form acceptable to the City Attorney, with Second Harvest of Silicon Valley from Council Set Aside Funds for repayment of a 1992 Community Development Block Grant loan and approve Budget Modification No. 11 in the amount of $47,569.86. 1.F 23-0129 Amend an Existing Contract with Ascent Environmental Inc. for Professional Services Assistance for the Preparation of the City of Sunnyvale’s Housing Element for 2023-2031 (6th RHNA Cycle) (F21-112) Take the following actions: - Authorize the City Manager to execute a Second Amendment, in substantially the same form as Attachment 2 to the report, to an existing contract with Ascent Environmental Inc., increasing the not-to-exceed amount by $52,950 for a new not-to-exceed total amount of $292,930; and - Authorize the City Manager to amend the agreement to increase the scope of work or total not-to-exceed amount, subject to available budget, provided pricing and City of Sunnyvale Page 4 City Council Meeting Minutes January 24, 2023 services remain acceptable to the City. 1.G 23-0128 Award of Contract to Solitude Lake Management LLC. DBA Aquatic Environments for On-Call Maintenance of Vegetation for the Water Pollution Control Plant Ponds (F23-09) Take the following actions: - Award a contract in substantially the same form as Attachment 2 to the report in an amount not-to-exceed $419,916 to Solitude Lake Management LLC., dba Aquatic Environments, of Benicia; - Authorize the City Manager to execute the contract when all necessary conditions have been met; and - Approve a 10% contingency in the amount of $41,991. 1.H 23-0204 Amend a Purchase Order for Twelve (12) Interceptor Service Vehicles for the Department of Public Safety (F22-144) Authorize the City Manager to amend a Purchase Order to add $109,538.76 for twelve (12) Interceptor Service Vehicles from National Auto Fleet Group (F22-144) for a total amount not-to-exceed $685,436.64. 1.I 23-0150 Approve 2023 Board and Commission Annual Work Plans Approve the 2023 Work Plans as submitted. 1.J 23-0202 Authorize the City Manager to Execute a Settlement Agreement in the Amount of $800,000 with the the City of San José Related to a Claim Regarding the Rancho Rinconada Sewer Service Area in San José and Approve Budget Modification No. 12 in the Amount of $800,000 Authorize the City Manager to execute a Settlement Agreement in the amount of $800,000 with the City of San José Related to a Claim regarding the Rancho Rinconada Sewer Service Area in San José and approve Budget Modification No. 12 in the amount of $25,000. 1.K 23-0233 Motion to Rescind Actions Taken Regarding Amendments to the Downtown Specific Plan and the Land Use and Transportation Chapter of the General Plan and Other Actions Related to Block 20 of the Downtown Specific Plan MOTION: Councilmember Melton moved and Councilmember Cisneros seconded the motion to rescind the City Council action of January 10, 2023 regarding the City of Sunnyvale Page 5 City Council Meeting Minutes January 24, 2023 acceptance of an Addendum to the 2020 Downtown Specific Plan Environmental Impact Report, adoption of a Resolution to amend the General Plan and Downtown Specific Plan (DSP), approve the DSP Amendments for Block 20, and adopt a Resolution to amend Figure 3-2 in the Land Use and Transportation Element of the General Plan. The motion carried with the following vote: Yes: 6 - Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 Recused: 1 - Mayor Klein PUBLIC HEARINGS/GENERAL BUSINESS 2 23-0127 Annual Public Hearing-Discussion of Potential Council Study Issues and Budget Proposals for Calendar Year 2023 Senior Management Analyst Michelle Zahraie provided the staff report and presentation. Public Hearing opened at 7:24 p.m. Melinda Hamilton spoke to Study Issue DPW 22-07 (Evaluate a Range of Options for On Demand Shuttle Service Including Technology Options, Availability of Electric Shuttles, and Potential Funding Sources) and addressed the lack of transportation options for commuting North Sunnyvale residents. Bridget Watson communicated support for OCM 23-01 (Evaluate Funding a Full-time Position to Address Homeless Concerns in the City of Sunnyvale) and shared their concerns regarding the current unhoused shelters available for children in Sunnyvale. Naomi Nakano-Matsumoto spoke in support of OCM 23-01 and DPW 22-07. Anya Gajula shared support for FIN 22-01 (Explore a General Election Ballot Measure to Fund Bicycle and Pedestrian Infrastructure Projects) and DPW 21-01 City of Sunnyvale Page 6 City Council Meeting Minutes January 24, 2023 (Bike Lanes on Hollenbeck Avenue between El Camino Real and Homestead Road). Meena Juttukonda communicated their concerns on the dangerous transportation options students and residents face when commuting and support for study issues that address these issues. Peggy Brewster, Founder, Sunnyvale Equity Education, spoke to the need for more safe and reliable transportation for students commuting to school and support for DPW 22-07. Johnathan Blum, Bike Sunnyvale, communicated opposition to DPW 23-01 (Analyze the Addition of a Second Southbound Right Turn Lane at the Bernardo Avenue and Fremont Avenue Intersection) as drafted and support for DPW 21-01. Rani Fischer, Environmental Advocacy Assistant, Santa Clara Valley Audubon Society, proposed a new study issue to explore limiting light pollution in Sunnyvale. Sharlene Liu, Bike Sunnyvale, provided a presentation supporting DPW 21-01. Nick Brosnahan spoke in support of DPW 21-01 and in opposition to DPW 23-01. Angela Hixson communicated support for DPW 22-07 and shared safety concerns and long commutes facing students traveling to high school. Isabel Jubes-Flamerich spoke in support for OCM 23-01, highlighting issues facing unhoused youth students. Eilean Le, Sunnyvale Education Foundation, spoke in support of DPW 22-07 and other study issues that explore transportation options for students. Jennifer Lavine communicated support for DPW 22-07 and the need for a greater emphasis on transportation options for students in North Sunnyvale. Bryce Beagle spoke to concerns with DPW 23-01 and support for DPW 22-01, FIN 22-01, and DPW 23-02. Lauren Ledbetter, Sunnyvale Equity Education, communicated support for DPW 22-07. City of Sunnyvale Page 7 City Council Meeting Minutes January 24, 2023 Martin Pyne, spoke in support of DPW 22-07, noting that it may address the need for additional transportation options for students in North Sunnyvale. Mike Serrone spoke in support for ESD 17-01 (Eliminate the Use of Chemical Pesticide on City Owned or Leased Property) and OCM 23-01. Kristel Wickham, Sustainability Commission Chair, provided clarification on the study issue rankings the Sustainability Commission provided to Council. Marie Bernard, Executive Director, Sunnyvale Community Services, spoke in support of CCD 22-07 and OCM 23-01. Angela Roche communicated support for OCM 23-01 and DPW 21-01. Laurie, Sunnyvale Equity Education, shared their support for DPW 22-07 and concerns with the lack of transportation options for students in North Sunnyvale commuting to Fremont High School. Steve Scandalis communicated their thoughts on the proposed study issues and advocated for a study issue on exploring how Sunnyvale prepares public meeting minutes and how personal messaging is displayed during public meetings. Public Hearing closed at 8:26 p.m. Councilmember Srinivasan proposed a study issue to evaluate a range of options for shuttle service for Fremont and Homestead High School students who live in North Sunnyvale. Councilmember Cisneros suggested including alternative transportation options. Councilmember Srinivasan accepted the suggestion. Mayor Klein, Vice Mayor Din, and Councilmembers Melton, Cisneros, Mehlinger and Sell co-sponsored the study issue. Councilmember Srinivasan proposed a study issue to evaluate a single mobile application to replace the City’s current separate applications that is a framework for all functionality for residents to use to communicate, track, and transact with the City. Mayor Klein, Vice Mayor Din, and Councilmembers Melton, Cisneros, Mehlinger and Sell co-sponsored the study issue. Councilmember Cisneros proposed a study issue to evaluate existing and potential City of Sunnyvale Page 8 City Council Meeting Minutes January 24, 2023 emergency housing and shelter opportunities for families with minor children experiencing homelessness in order to provide safe, private lodging for families year-round. Mayor Klein, Vice Mayor Din, and Councilmembers Mehlinger and Sell co-sponsored the study issue. Councilmember Mehlinger proposed a study issue to evaluate the feasibility of an ordinance to ban the use of gas-powered leaf blowers and other small two-stroke motors within the City of Sunnyvale. Mayor Klein, Vice Mayor Din, and Councilmembers Cisneros, Srinivasan and Sell co-sponsored the study issue. Councilmember Mehlinger sponsored a budget proposal to allocate $60,000 to the Department of Public Works to contract with an outside engineering firm to conduct investigations into the next three collisions in Sunnyvale involving a motor vehicle in which a cyclist or pedestrian is seriously injured or killed. Mayor Klein, Vice Mayor Din, and Councilmembers Cisneros, Srinivasan and Sell co-sponsored the budget proposal. Councilmember Sell proposed a study issue to define bicycle and walking safety metrics to evaluate the City’s progress on bicycle and pedestrian infrastructure for future reporting. Mayor Klein, Vice Mayor Din, and Councilmembers Melton, Cisneros, Mehlinger and Srinivasan co-sponsored the study issue. Councilmember Melton sponsored a budget proposal to increase service levels for Neighborhood Preservation to enforce Sunnyvale’s Short-Term Rental Ordinance. Mayor Klein, Vice Mayor Din, and Councilmembers Cisneros, Srinivasan and Sell co-sponsored the budget proposal. Council took a recess at 8:42 p.m. and returned at 8:51 p.m. with Vice Mayor Din and Councilmembers Melton, Cisneros, Mehlinger, Srinivasan and Sell present in the Council Chambers and Mayor Klein present via teleconference. 3 23-0146 Approve the Non-Residential Housing Mitigation Fee Nexus Study and Adopt a Resolution Amending the Housing Impact Fee for Non-Residential Development (Study Issue) and Find the Actions are Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15378 (b)(4) Housing Officer Jenny Carloni and Stephanie Hager, Principal, BAE Urban Economics provided the staff report and presentation. City of Sunnyvale Page 9 City Council Meeting Minutes January 24, 2023 Public Hearing opened at 9:35 p.m. Mason Fong communicated options to be consider adding to the motion and general support for passing the staff recommendation. Public Hearing closed at 9:39 p.m. MOTION: Councilmember Cisneros moved and Councilmember Melton seconded the motion to approve Alternatives 1 and 3: (1) Approve the Non-Residential Housing Mitigation Fee Nexus Study; and (3) Adopt a Resolution amending the Housing Impact Fee for Non-Residential Development for Office/R&D Development to increase the Fee to $11 per square foot for the first 25,000 square feet and $22 per square foot for all remaining square feet, adjusted annually for inflation, with no changes to the Fee Schedule for Retail, Lodging, and Industrial and find the Actions (Alternatives 1 and 3) are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 (b)(4). FRIENDLY AMENDMENT: Councilmember Mehlinger offered a friendly amendment to increase the Non-Residential Development for Office/R&D Development Fee to $11.50 per square foot for the first 25,000 square feet and $23 per square foot for all remaining square feet. Councilmember Cisneros accepted and Councilmember Melton declined to accept the friendly amendment. MOTION TO AMEND: Councilmember Mehlinger moved and Vice Mayor Din seconded the motion to increase the Non-Residential Development for Office/R&D Development Fee to $11.50 per square foot for the first 25,000 square feet and $23 per square foot for all remaining square feet. The motion to amend failed with the following vote: Yes: 2 - Vice Mayor Din Councilmember Mehlinger No: 5 - Mayor Klein Councilmember Melton Councilmember Cisneros Councilmember Srinivasan Councilmember Sell City of Sunnyvale Page 10 City Council Meeting Minutes January 24, 2023 MOTION RESTATED: Councilmember Cisneros moved and Councilmember Melton seconded the motion to approve Alternatives 1 and 3: (1) Approve the Non-Residential Housing Mitigation Fee Nexus Study; and (3) Adopt a Resolution amending the Housing Impact Fee for Non-Residential Development for Office/R&D Development to increase the Fee to $11 per square foot for the first 25,000 square feet and $22 per square foot for all remaining square feet, adjusted annually for inflation, with no changes to the Fee Schedule for Retail, Lodging, and Industrial and find the Actions (Alternatives 1 and 3) are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 (b) (4). The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 4 23-0020 Approve Calendar Year 2023 Community Events and Neighborhood Grant Program Applications Youth and Family Resources Manager Angela Chan provided the staff report and presentation. Public Hearing opened at 10:03 p.m. No speakers. Public Hearing closed at 10:04 p.m. MOTION: Councilmember Srinivasan moved and Councilmember Melton seconded the motion to approve Alternative 1: Approve Calendar Year 2023 Community Events and Neighborhood Grant Program Applications. The motion carried with the following vote: City of Sunnyvale Page 11 City Council Meeting Minutes January 24, 2023 Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 5 23-0158 Approve the Proposed 2023 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 10:39 p.m. No speakers. Public Hearing closed at 10:39 p.m. MOTION: Councilmember Melton moved and Mayor Klein seconded the motion to approve Alternative 1: Approve the Proposed 2023 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). FORMAL AMENDMENT: Councilmember Mehlinger moved and Councilmember Cisneros seconded the motion to retain language that was to be removed from Long-term Advocacy Position – Cultural Section 6.2 Library (8) and agenized a study session regarding that language at a future date. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 City of Sunnyvale Page 12 City Council Meeting Minutes January 24, 2023 FORMAL AMENDMENT: Councilmember Mehlinger moved and Councilmember Cisneros seconded the motion to amend Priority Advocacy Issue 9. Affordable Housing and Homelessness to: - Remove the last bullet, "Strongly encourage the state government to avoid legislation and regulations that are ‘one size fits all,’ and removes local control from cities doing their part to accommodate new housing of all affordability levels ;" - Add "pragmatic" before “need for local control;” and - Add "moral" before “need to address our housing crisis.” The motion to amend failed with the following vote: Yes: 3 - Vice Mayor Din Councilmember Cisneros Councilmember Mehlinger No: 4 - Mayor Klein Councilmember Melton Councilmember Srinivasan Councilmember Sell MOTION AS AMENDED: Councilmember Melton moved and Mayor Klein seconded the motion to approve Alternative 1: Approve the Proposed 2023 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), with the following modification, retain language that was to be removed from Long-term Advocacy Position – Cultural Section 6.2 Library (8) and agenized a study session regarding that language at a future date. The motion as amended carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell City of Sunnyvale Page 13 City Council Meeting Minutes January 24, 2023 No: 0 MOTION TO ADJOURN: Councilmember Melton moved and Mayor Klein seconded the motion to adjourn the meeting. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Agenda item not heard by Council. NON-AGENDA ITEMS & COMMENTS -Council Agenda item not heard by Council. -City Manager Agenda item not heard by Council. INFORMATION ONLY REPORTS/ITEMS 23-0033 Tentative Council Meeting Agenda Calendar 23-0034 Board/Commission Meeting Minutes 23-0035 Information/Action Items 23-0126 Annual Review of New Laws (Information Only) 23-0040 Notice of Public Works Director’s Decision on Final Maps (Information Only) City of Sunnyvale Page 14 City Council Meeting Minutes January 24, 2023 23-0194 Board/Commission Resignation (Information Only) ADJOURNMENT Vice Mayor Din adjourned the meeting at 11:50 p.m. City of Sunnyvale Page 15