REPORT TO COUNCIL
SUBJECT
Title
Review and Adopt Legislative Advocacy Positions and Long-Term Advocacy Positions Related to Housing Element Certification, the California Environmental Quality Act (CEQA), Preventing Homelessness, Fair Energy Distribution and Pricing, Civil and Human Rights, and the School District (Re)Districting Process
Report
BACKGROUND
At the January 28, 2025, meeting, Council approved their proposed 2025 Priority Advocacy Issues and Long-Term Advocacy Positions and directed staff to return with proposed language for six (6) policy positions related to housing element certification, the California Environmental Quality Act (CEQA), preventing homelessness, fair energy distribution and pricing, civil and human rights, and the school district (re)districting process
This report presents six (6) policy positions for Council’s approval, which enables City advocacy on pending legislation and issues based on these policy statements.
EXISTING POLICY
Council Policy 7.4.14, Legislative Advocacy Positions
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378 (a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
DISCUSSION
Housing Element Certification
The City has policy language in Council Policy 7.4.14 Legislative Advocacy Positions regarding 5. Affordable Housing, Homelessness, and Land Use:
Housing Element/Land Use
(D) Strongly encourage the State government to create policies that balance increased housing production for all income levels while preserving land use policy making for cities that accommodate their share of new housing. Support legislation that would enable preservation of sites for an appropriate balance of conveniently located range of uses including retail/commercial services, places of assembly, public open spaces, and public services.
To expand support on this topic, a legislative advocacy position such as the following would need to be adopted by Council:
Council Policy 7.4.14 Legislative Advocacy Positions 5. Affordable Housing, Homelessness, and Land Use (D)
“Advocate for objective evaluation criteria and meaningful technical assistance to ensure a clear and efficient Housing Element certification process.”
Adoption of such a policy would allow the Mayor and staff to advocate for objective evaluation criteria and meaningful technical assistance during the Housing Element certification process.
California Environmental Quality Act (CEQA)
The City does not have a policy position allowing advocacy regarding the modernization of CEQA. To support this topic, a long-term advocacy position such as the following would need to be adopted by Council:
Council Policy 1.0 Long-Term Advocacy Positions - Land Use and Transportation 1.2 (5)
“Support modernization of the California Environmental Quality Act (CEQA) to effectively address contemporary environmental challenges such as climate change.”
Adoption of such a policy would allow the Mayor and staff to advocate on this topic.
Preventing Homelessness
The City has policy language in Council Policy 7.4.14 Legislative Advocacy Positions regarding 5. Affordable Housing, Homelessness, and Land Use:
Homelessness
(B) Encourage State and Federal governments to expand supportive services (including rental assistance, case management, and mental health services) to address the needs of residents who are experiencing homelessness.
(C) Support the County in its efforts to establish facilities, housing, and programs for unhoused residents and to fairly distribute them in jurisdictions throughout the County.
• Although the number of unhoused people in Sunnyvale has fluctuated in recent years, California continues to have the highest rate of homelessness, specifically unsheltered homelessness, in the country. Meeting the needs of the unhoused population remains a top concern for residents in the City and across the region.
• To address the homelessness crisis, additional resources are needed for permanent supportive housing, rental assistance, supportive services (including case management, and mental health services), and expanded emergency shelter capacity.
To expand support this topic, a legislative advocacy position such as the following would need to be adopted by Council:
Council Policy 7.4.14 Legislative Advocacy Positions 5. Affordable Housing, Homelessness, and Land Use (C)
“Advocate for increased state and federal funding in evidence-based homelessness prevention programs that tackle the root causes of the crisis, such as homelessness prevention programs that provide stable, affordable housing, greater access to health care, low barrier job training, and accessible financial literacy.”
Adoption of such a policy would allow the Mayor and staff to advocate for preventing homelessness.
Fair Energy Distribution and Pricing
The City does not have a policy position allowing advocacy regarding fair energy distribution and pricing. To support this topic, a long-term advocacy position such as the following would need to be adopted by Council:
Council Policy 3.0 Long-Term Advocacy Positions - Environmental Management 3.5 Energy (7)
“Support Silicon Valley Clean Energy (SVCE) in developing policies and programs that support and ensure fair energy distribution and pricing while increasing electrical grid reliability. Support and preserve regulations, policies, and legislation that improve Pacific Gas & Electric Company public safety practices, fiscal and customer bill transparency, fair rate design and affordability, and local accountability for infrastructure related power disruptions and capacity issues.”
Adoption of such a policy would allow the Mayor and staff to advocate on this topic.
Civil and Human Rights
The City does not have a policy position allowing advocacy regarding civil and human rights of all Sunnyvale community members. To support this topic, a long-term advocacy position such as the following would need to be adopted by Council:
Council Policy 7.0 Long-Term Advocacy Positions - Planning and Management C (6)
“Advocate for the civil and human rights of all Sunnyvale community members while honoring diversity in race, ethnicity, gender, ability, and background.”
Adoption of such a policy would allow the Mayor and staff to advocate on this topic.
School District (Re)Districting Process
On March 26, 2024, Council adopted the following long-term advocacy position 7.0 F (11):
Advocate for Sunnyvale’s communities of interest during the Fremont Union High School District (FUHSD) (re)districting process to support efforts that preserve equal Trustee representation. Advocate for Sunnyvale’s communities of interest during the development of the trustee area boundary map.
Since a new map was adopted on May 13, 2024, by the County Committee on School District Organization, a revised long-term advocacy position such as the following would need to be adopted by Council, and would replace the existing policy:
Council Policy 7.0 Long-Term Advocacy Positions - Planning and Management F (11)
“Advocate for Sunnyvale’s communities of interest in any school district (re)districting process and trustee area boundary map development to ensure fair and equal representation.”
Adoption of such a policy would allow the Mayor and staff to advocate on this topic.
After Council adoption, the Council Policy Manual would be updated and posted on the City’s website to reflect the new policy language.
FISCAL IMPACT
There is no fiscal impact as a result of action taken by this report.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Staff makes no recommendation. Approval of the consent calendar constitutes Council approval of six (6) policy positions as presented and outlined in the report.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
_X_ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Michelle Zahraie, Senior Management Analyst
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager