City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, July 25, 2023 6:15 PM Online and Bay Conference Room (Room 145), City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Closed Session - 6:15 PM | Regular Meeting - 7 PM 6:15 P.M. SPECIAL COUNCIL MEETING (Closed Session) Call to Order Vice Mayor Din called the meeting to order at 6:15 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 Public Comment Public Comment opened at 6:16 p.m. No speakers. Public Comment closed at 6:16 p.m. Convene to Closed Session Council convened to Closed Session in the Council Conference Room at 6:17 p.m. A 23-0442 CONFERENCE WITH LEGAL COUNSEL- POTENTIAL INITIATION OF LITIGATION Closed Session Held Pursuant to California Government Code Section 54956.9(d)(4) Number of Cases: One Adjourn Special Meeting City of Sunnyvale Page 1 City Council Meeting Minutes July 25, 2023 Vice Mayor Din adjourned the meeting at 6:59 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Mayor Klein called the meeting to order at 7:05 p.m. SALUTE TO THE FLAG Mayor Klein 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 CLOSED SESSION REPORT Vice Mayor Din reported that Council met in Closed Session Held Government Code Section 54956.9(d)(4) Conference with Legal Counsel Potential Initiation of Litigation Number of Cases: One; reported the City Council unanimously authorized the City Attorney to initiate a lawsuit against Sunnyvale Partners, LTD. ORAL COMMUNICATIONS Vice Mayor Din announced details of the current recruitment for various Boards and Commissions. Debra J. King communicated their concerns and provided documents to help explain the mobile home parking situation in the Cherry Chase neighborhood. Ammar Khan shared their concerns regarding mobile home street parking in the Cherry Chase neighborhood. Stephen Meier provided a presentation regarding a bike lane gap issue on eastbound Fremont Avenue. Agnes Veith spoke to the transportation difficulties of students in North Sunnyvale. City of Sunnyvale Page 2 City Council Meeting Minutes July 25, 2023 Lauren Ledbetter, Sunnyvale for Equity and Education, provided an update on transportation issues North Sunnyvale students face commuting to school. Peggy Brewster, Sunnyvale for Equity and Education, shared the progress that has been made addressing students commuting hardships in North Sunnyvale and offered suggestions to how the City Council can make this issue a priority. Sharon Salmons communicated numerous disruptive situations occurring in the Cherry Chase neighborhood. Angela Rausch spoke to the transportation difficulties students face in North Sunnyvale. Marla Yonamine voiced their concerns regarding the influx of mobile homes parking in the Cherry Chase neighborhood. Martin Pyne requested a clarification of the vote on the closed session item. Yip-Fong Chia shared their concerns regarding the mobile homes parking in the Cherry Chase neighborhood. Tammy Wester spoke to the ongoing mobile home parking situation taking place in the Cherry Chase neighborhood. CONSENT CALENDAR Public Comment opened at 7:51 p.m. No speakers. Public Comment closed at 7:51 p.m. MOTION: Vice Mayor Din moved and Councilmember Cisneros seconded the motion to approve agenda items 1.A through 1.D. The motion carried with the following vote: City of Sunnyvale Page 3 City Council Meeting Minutes July 25, 2023 Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 1.A 23-0274 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Approve the list(s) of claims and bills. 1.B 23-0705 Approve Outside Counsel Agreement with Atkinson, Andelson, Loya, Ruud & Romo for Litigation Services in the matter of Michael Laurent v. City of Sunnyvale Authorize the City Attorney to execute an Agreement, in substantially the same form as Attachment 1 to the report, with the law firm of Atkinson, Andelson, Loya, Ruud & Romo in the amount of $150,000. 1.C 23-0576 Approve the Fiscal Year 2023/24 Sustainability Speakers Series Approve the FY 2023/24 Sustainability Speaker Series topics as proposed by the Sustainability Commission, with the provision that the implementation of up to four events will be contingent on speaker availability, staffing resources, and available budget. 1.D 23-0758 Adopt Ordinance No. 3218-23 Repealing and Re-Adopting Chapter 19.29 (Moffett Park Specific Plan District) of Title 19 (Zoning) of the Sunnyvale Municipal Code, Amending the Zoning Districts Map and Rezoning Property Within the Moffett Park Specific Plan District, Adding Chapters 3.56 (Moffett Park Specific Plan Transportation Impact Fee) and Making Other Amendments to Title 19 (Zoning) of the Sunnyvale Municipal Code to Implement the Moffett Park Specific Plan Adopt Ordinance No. 3218-23 repealing and re-adopting Chapter 19.29 (Moffett Park Specific Plan District) of Title 19 (Zoning) of the Sunnyvale Municipal Code, amending the Zoning Districts Map and rezoning property within the Moffett Park City of Sunnyvale Page 4 City Council Meeting Minutes July 25, 2023 Specific Plan District, adding Chapters 3.56 (Moffett Park Specific Plan Transportation Impact Fee) and making other amendments to Title 19 (Zoning) of the Sunnyvale Municipal Code to implement the Moffett Park Specific Plan. PUBLIC HEARINGS/GENERAL BUSINESS 2 23-0513 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 2023/24 City Property Administrator Sherine Nafie provided the staff report. Public Hearing opened at 7:57 p.m. No speakers. Public Hearing closed at 7:57 p.m. MOTION: Councilmember Melton moved and Councilmember Cisneros 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 Fiscal Year (FY) 2023/24. 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 3 23-0746 Actions for consideration related to the General Plan Air Quality, Noise, Safety, and Environmental Justice Update to: a. Adopt a Resolution to Amend the following Sunnyvale General Plan elements: i. Chapter 1: Introduction (Environmental Justice); ii. Chapter 6: Safety and Noise; and iii. Chapter 7: Environmental Management (Air Quality). City of Sunnyvale Page 5 City Council Meeting Minutes July 25, 2023 b. Introduce an Ordinance to repeal and replace Sunnyvale Municipal Code (SMC) Section 19.42.030 (Noise or Sound Level) and make related changes to Chapter 19.12 (Definitions). c. Accept the Addendum to the Previously Certified Environmental Impact Report for the Land Use and Transportation Element (State Clearinghouse No. 2012032003) of the Sunnyvale General Plan pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164. Planning File Number: 2017-7965 Environmental Review: Addendum to the previously certified Environmental Impact Report for the Land Use and Transportation Element of the Sunnyvale General Plan. The Sunnyvale Municipal Code updates are exempt from CEQA pursuant to CEQA Guidelines 15061(b)(3) and 15378(b)(5). Project Planner: Mary Jeyaprakash, 408-730-7449, mjeyaprakash@sunnyvale.ca.gov Senior Planner Mary Jeyaprakash provided the staff report and presentation. Public Hearing opened at 9:10 p.m. Sotirios Limotyrakis spoke in support of retaining the noise level limit of 45 A-weighted decibels (dBA) instead of raising the limit to 50 dBA. Debra King inquired about the legal limitations to using gas powered lawn equipment in the City. Public Hearing closed at 9:17 p.m. MOTION: Councilmember Mehlinger moved and Vice Mayor Din seconded the motion to approve Alternative 2: Alternative 1 with modifications, provided the modifications are within the scope of the environmental review: a. Adopt a Resolution (Attachment 2 to the report) to amend the following Sunnyvale General Plan elements: i. Chapter 1: Introduction (Environmental Justice); ii. Chapter 6: Safety and Noise; iii. Chapter 7: Environmental Management (Air Quality); City of Sunnyvale Page 6 City Council Meeting Minutes July 25, 2023 b. Introduce an Ordinance (Attachment 3 to the report) to repeal and replace Sunnyvale Municipal Code (SMC) Section 19.42.030 (Noise or Sound Level) and make related changes to SMC Chapter 19.12 (Definitions); and c. Accept the Addendum (Attachment 4 to the report) to the previously certified Environmental Impact Report (EIR) for the Land Use and Transportation Element of the Sunnyvale General Plan pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164; With the following modifications: • Add a policy to advocate for sound walls around freeways; • Replace all references to “alternative transportation” with “active and/or public transportation” and direct staff to make related changes; • In Environmental Management Policy EM 11.8, add to the end, “and explore discouraging the use of gas-powered landscaping equipment;” • In Environmental Management Policy EM 11.9, add to the end, “and explore accelerating phase out of Gas-Powered Landscaping Equipment in City operations;” • In Environmental Justice Policy EJ 1.6 add "and preservation" after "Support the development;" • In Safety and Noise Policy SN-10.4 replace, “including noise impacts” with “including by not limited to noise impacts;” • In Safety and Noise Policy SN-8.4 add, “as determined by the Director of Community Development.” 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 Council took a recess at 9:29 p.m. and reconvened at 9:36 p.m. with all Councilmembers present. 4 23-0715 Consider Approval of Draft Fourth Substantial Amendment to the 2019 Housing and Urban Development (HUD) Action Plan City of Sunnyvale Page 7 City Council Meeting Minutes July 25, 2023 to Allocate Remaining CDBG-CV Funds for Administrative Activities and Contract Management Housing Officer Jenny Carloni provided the staff report. Public Hearing opened at 9:43 p.m. No speakers. Public Hearing closed at 9:43 p.m. MOTION: Councilmember Sell moved and Vice Mayor Din seconded the motion to approve Alternative 1: Approve the fourth substantial amendment to the 2019/20 Housing and Urban Development (HUD) Action Plan as shown in Attachment 3 to the report. 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 5 23-0579 Adopt a Resolution to Cause Charges for Non-Payment of Delinquent Utility Charges to be placed on the FY 2023/24 County of Santa Clara Property Tax Roll Assistant Director of Finance Dennis Jaw provided the staff report. Public Hearing opened at 9:48 p.m. No speakers. Public Hearing closed at 9:48 p.m. MOTION: Vice Mayor Din moved and Councilmember Melton seconded the motion to approve Alternative 1: Adopt a Resolution to cause charges for non-payment of delinquent Utility charges to be placed on the Fiscal Year (FY) 2023/24 County of Santa Clara Property Tax Roll. The motion carried with the following vote: City of Sunnyvale Page 8 City Council Meeting Minutes July 25, 2023 Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 6 23-0736 Adopt a Resolution Amending the City's Salary Resolution and the Schedule of Pay to Increase Salaries for Pay Plan Category D (Unrepresented Classified Management Employees) and Pay Plan Category K (Unrepresented Unclassified Management Employees Appointed Directly by the City Attorney) and updating provisions in the Salary Resolution Director of Human Resources Tina Murphy provided the staff report. Public Hearing opened at 9:52 p.m. No speakers. Public Hearing closed at 9:52 p.m. MOTION: Councilmember Melton moved and Councilmember Sell seconded the motion to approve Alternative 1: Adopt a Resolution amending the City's Salary Resolution and the Schedule of Pay to increase salaries for Pay Plan Category D (Unrepresented Classified Management Employees) and Pay Plan Category K (Unrepresented Unclassified Management Employees Appointed Directly by the City Attorney), and cleaning up language and amending some provisions of the Salary Resolution. The motion 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 9 City Council Meeting Minutes July 25, 2023 No: 0 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Councilmember Mehlinger reported on the recent Bay Area Water Supply and Conservation Agency Board of Directors meeting. NON-AGENDA ITEMS & COMMENTS -Council Councilmember Melton proposed a study issue to enact either an ordinance or resolution to apply California Vehicle Code Sections 21107.5, 21107.6 and 21107.7 to private roads in and around the Moffett Park Specific Plan area for the purpose of enabling the Department of Public Safety to provide law enforcement. Mayor Klein, Vice Mayor Din, and Councilmembers Cisneros, Mehlinger, Srinivasan and Sell co-sponsored. Councilmember Melton proposed a study issue to create a polity / framework for the City to take over private infrastructure that may be dedicated to it in the Moffett Park Specific Plan area, such as roads, storm water pumps and lines, sewer lines, water lines, etc. Mayor Klein, Vice Mayor Din, and Councilmembers Cisneros, Mehlinger, Srinivasan and Sell co-sponsored. Councilmember Sell inquired about how City Council can address parking overflow in neighborhoods. City Manager Kent Steffens referenced the Ordinance to how City streets can become preferential parking zones, requiring parking permits, and explained additional procedures City Council could pursue to address the Ordinance and neighborhood concerns. Mayor Klein inquired about any costs residents would incur from installing a preferential parking zone. Mr. Steffens confirmed that there is a cost to residents to receive a parking permit in these type of parking zones. Councilmember Melton inquired to staff how the City can best address street parking issues in the Cherry Chase neighborhood. City of Sunnyvale Page 10 City Council Meeting Minutes July 25, 2023 Mr. Steffens welcomed follow-up discussions with Councilmembers who wants to discuss how best to address concerns from residents in the Cherry Chase neighborhood. Councilmember Mehlinger inquired regarding earlier public comments regarding denial of a preferential parking zone petition bythe City. Mr. Steffens acknowledged there has been communication between the City and residents and will follow-up with the City Council with further details. -City Manager City Manager Kent Steffens highlighted the information only item Moffett Park Specific Plan Text Clarifications for Council's reference. INFORMATION ONLY REPORTS/ITEMS 23-0690 Tentative Council Meeting Agenda Calendar 23-0697 Board/Commission Meeting Minutes 23-0700 Information/Action Items 23-0767 Moffett Park Specific Plan Text Clarifications (Information Only) ADJOURNMENT Mayor Klein adjourned the meeting at 10:09 p.m. City of Sunnyvale Page 11