City of Sunnyvale

Meeting Minutes

City Council

Tuesday, January 10, 2023

7:00 PM

Online and Council Chambers, City Hall,

456 W. Olive Ave., Sunnyvale, CA 94086

(607 All America Way for map directions)

Regular Meeting - 7 PM | Regular Meeting: Sunnyvale Financing Authority - 7 PM (or

soon thereafter)

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 December 13, 2022.

Mayor Klein called the meeting to order at 7:00 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

Councilmember Melton attended via teleconference.

SPECIAL ORDER OF THE DAY

23-0041

Recognition of Outgoing Vice Mayor

Patrick Ahrens, Representative of Assembly Member Evan Low and Foothill De

Anza Board of Trustees President spoke to recognize the outgoing Vice Mayor.

Public Hearing opened at 7:03 p.m.

No speakers.

Public Hearing closed at 7:03 p.m.

Mayor Klein provided remarks in appreciation of former Vice Mayor Cisneros.

Councilmember Cisneros provided remarks.

Councilmember Melton joined the meeting in the Council Chambers at 7:11 p.m.

23-0006

Ceremonial Oath of Office for Vice Mayor

Mayor Klein administered the ceremonial Oath of Office to Councilmember Din.

Vice Mayor Din provided remarks.

Public Hearing opened at 7:17 p.m.

No speakers.

Public Hearing closed at 7:17 p.m.

ORAL COMMUNICATIONS

Councilmember Sell announced details of the current recruitment for various

Boards and Commissions and an upcoming Sustainability Speaker Series event.

Sharlene Liu and Mark Hlady, Bike Sunnyvale provided a presentation addressing

implementation of the Vision Zero Plan.

CONSENT CALENDAR

Public Comment opened at 7:27 p.m.

No speakers.

Public Comment closed at 7:27 p.m.

MOTION: Vice Mayor Din moved and Councilmember Mehlinger seconded the

motion to approve agenda items 1.A through 1.I.

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

Approve the City Council Meeting Minutes of November 29, 2022 as submitted.

23-0087

Approve City Council Meeting Minutes of November 29, 2022

1.B

Approve the City Council Meeting Minutes of December 6, 2022 as submitted.

23-0086

Approve City Council Meeting Minutes of December 6, 2022

1.C

Approve the City Council Meeting Minutes of December 13, 2022 as submitted.

23-0015

Approve City Council Meeting Minutes of December 13, 2022

1.D

23-0164

Approve Budget Modification No.10 in the Amount of $28,435

for Non-Residential Housing Mitigation Fee Study for BAE

Urban Economics Consultant Costs

Approve Budget Modification No. 10 in the amount of $28,435 for Non-Residential

Housing Mitigation Fee Study for BAE Urban Economics consultant costs.

1.E

23-0016

Approve the List(s) of Claims and Bills Approved for Payment

by the City Manager

Approve the list(s) of claims and bills.

1.F

23-0141

Adopt a Resolution to Amend the Classification Plan and the

City’s Salary Resolution to Update the Schedule of Pay to

Increase Salaries for the Classifications of Client Support

Specialist I/II and to Add the Classifications of Senior Client

Support Specialist and Principal Client Support Specialist

Adopt a Resolution to amend the Classification Plan and the City’s Salary

Resolution to update the Schedule of Pay to increase salaries for the

Classifications of Client Support Specialist I/II and to add the Classifications of

Senior Client Support Specialist and Principal Client Support Specialist effective the

first pay period after City Council approval.

1.G

23-0085

Approve the Third Amendment to Outside Counsel Agreement

with Bertrand, Fox, Elliot, Osman & Wenzel for Litigation

Services in the matter of Casa De Amigos v. City of

Sunnyvale.

Authorize the City Attorney to execute a Third Amendment, in substantially the

same form as Attachment 1 to the report, to the Outside Counsel Agreement with

the law firm of Bertrand, Fox & Elliot to increase the not-to-exceed amount by

$235,000, for a new not-to-exceed contract amount of $585,000.

1.H

23-0091

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. 1162-22 adopted on December 13, 2022

and incorporated herein by reference, are ongoing;

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.I

23-0092

1.a) Adopt Ordinance No. 3207-23 amending Various

Sections of Chapter 19.46 (Parking) and Making Other

Amendments to Title 19 (Zoning) of the Sunnyvale Municipal

Code

1.b) Adopt Ordinance No. 3208-23 Amending Various

Sections of Chapter 19.58 (Family Child Care Homes) and

Making Other Amendments to Title 19 (Zoning) of the

Sunnyvale Municipal Code Related to Family Child Care

Homes

1.c) Adopt Ordinance No. 3209-23 Repealing and Readopting

Chapter 19.79 (Accessory Dwelling Units) of Title 19 (Zoning)

and Adopting Chapter 16.72 (Permit Process for Accessory

Dwelling Units) of Title 16 (Buildings) of the Sunnyvale

Municipal Code

Adopt Ordinance No. 3207-23 amending various sections of Chapter 19.46

(Parking) and making other amendments to Title 19 (Zoning) of the Sunnyvale

Municipal Code;

Adopt Ordinance No. 3208-23 amending various sections of Chapter 19.58 (Family

Child Care Homes) and making other amendments to Title 19 (Zoning) of the

Sunnyvale Municipal Code related to Family Child Care Homes; and

Adopt Ordinance No. 3209-23 repealing and readopting Chapter 19.79 (Accessory

Dwelling Units) of Title 19 (Zoning) and adopting Chapter 16.72 (Permit Process for

Accessory Dwelling Units) of Title 16 (Buildings) of the Sunnyvale Municipal Code.

ADJOURNMENT TO REGULAR MEETING OF THE SUNNYVALE FINANCING

AUTHORITY

7 P.M. (OR SOON THEREAFTER) REGULAR MEETING OF THE SUNNYVALE

FINANCING AUTHORITY

Call to Order

Pursuant to Government Code Subdivision 54953(e), Authority Members had the

opportunity to participate in the meeting telephonically; pursuant to state law, the

Sunnyvale Financing Authority made the necessary findings by adopting Resolution

No. 1105-22FA, reaffirmed on December 13, 2022.

Authority Klein called the Sunnyvale Financing Authority meeting to order at 7:30

p.m.

Roll Call

Present: 7 - Authority Chair / Mayor Larry Klein

Authority Vice Chair / Vice Mayor Omar Din

Authority Member / Councilmember Russ Melton

Authority Member / Councilmember Alysa Cisneros

Authority Member / Councilmember Richard Mehlinger

Authority Member / Councilmember Murali Srinivasan

Authority Member / Councilmember Linda Sell

Oral Communications

No speakers.

Consent Calendar

Public Comment opened at 7:33 p.m.

No speakers.

Public Comment closed at 7:33 p.m.

MOTION: Authority Vice Chair Din moved and Authority Member Cisneros

seconded the motion to approve agenda item 2.A through 2.B.

The motion carried with the following vote:

Yes: 7 - Authority Chair Klein

Authority Vice Chair Din

Authority Member Melton

Authority Member Cisneros

Authority Member Mehlinger

Authority Member Srinivasan

Authority Member Sell

No: 0

2.A

23-0090

Approve Sunnyvale Financing Authority Meeting Minutes of

December 13, 2022

Approve the Sunnyvale Financing Authority Meeting Minutes of December 13, 2022

as submitted.

2.B

23-0093

Reconsider and Affirm Resolution No. 1105-22FA; and Make

Findings Pursuant to Government Code Section 54953(e) (AB

361) to Continue Virtual Public Meetings for the Sunnyvale

Financing Authority During the COVID-19 State of Emergency

Affirm Resolution 1105-22FA; and make findings pursuant to Government Code

Section 54953(e) (AB 361) to continue virtual public meetings for the Financing

Authority during the COVID-19 State of Emergency:

1. The Financing Authority Board has found and determined that the state of

emergency conditions related to COVID-19, as set forth in City of Sunnyvale

Resolution No. 1162-22 adopted on December 13, 2022, and incorporated herein

by reference, are on going;

2. The Financing Authority Board 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 Financing Authority Board finds that the state of emergency continues to

directly impact the ability of members of the Financing Authority to meet safely in

person.

ADJOURN SUNNYVALE FINANCING AUTHORITY MEETING

Chair Klein adjourned the meeting at 7:34 p.m.

RECONVENE TO CITY COUNCIL MEETING

Mayor Klein reconvened the City Council meeting at 7:34 p.m.

PUBLIC HEARINGS/GENERAL BUSINESS

23-0083

CONTINUED FROM NOVEMBER 29, 2022

Proposed Project: Adopt a Resolution for a:

SPECIFIC PLAN AMENDMENT to modify Block 20 of the

Downtown Specific Plan (DSP) to allow additional residential

units and office square footage, and associated modifications

to design guidelines and development standards; and

GENERAL PLAN AMENDMENT to reflect increases in

Projected Build-out in the Land Use and Transportation

Element (LUTE).

Location: 510 and 528 S. Mathilda Avenue (APNs:209-29-060

and 061) and 562 and 568 S. Mathilda Avenue

(APNs:209-29-057 and 067)

File #: 2018-7585

Zoning: DSP (Block 20)

Applicant / Owner: Shawn Karimi, Karimi Shahriar Trustee

(applicant and owner 510 and 528 S. Mathilda Avenue) and

Shawn Taheri, Sam Cloud Barn LLC (applicant and owner

562 and 568 S. Mathilda Avenue)

Environmental Review: Addendum to the Downtown Specific

Plan Amendments Final Environmental Impact Report for the

Block 20 Area Project.

Project Planner: Margaret Netto, (408) 730-7628,

mnetto@sunnyvale.ca.gov

Mayor Klein recused himself from this item due to a conflict of interest – owning

real property within 500 feet of the Downtown Specific Plan area, and left the

meeting at 7:35 p.m.

Senior Planner Margaret Netto provided the staff report and presentation.

Public Hearing opened at 7:44 p.m.

Shawn Taheri, Applicant spoke to approving the Specific Plan and General Plan

Amendments.

Melinda Hamilton shared their concerns with the proposed amendments and the

overall process.

Bill Weaver voiced their concerns with potential project high limits.

Alisa spoke to in support of the proposed amendments and of building new

housing.

Ray Johnson communicated their displeasure in the Downtown Specific Plan

amendment process and opposition to the proposed amendments.

Bryce Beagle spoke in support of approving the amendments and of building new

housing.

Laurel Ashcraft communicated opposition to the possibility of potential projects

exceeding City zoning requirements and with the implementation of the Downtown

Specific Plan.

Jason Roberts shared support for increasing the number of housing units possible

in the Plan area.

Shawn Karmi, Applicant voiced support for the proposed amendments.

Shawn Taheri, Applicant reiterated their support for the proposed amendments.

Public Hearing closed at 8:01 p.m.

MOTION: Councilmember Melton moved and Councilmember Cisneros seconded

the motion to approve Alternatives 1 and 2: 1) Accept the Addendum to the

previously certified 2020 Downtown Specific Plan (DSP) EIR pursuant to CEQA

Guidelines Section 15162 (Attachment 4 to the report); 2) Adopt a Resolution to

amend the General Plan and DSP (Attachment 5 to the report), approve the DSP

Amendments for Block 20 (Attachment 4, Appendix A to the report), and adopt a

Resolution to amend Figure 32 in the Land Use and Transportation Element of the

General Plan (Attachment 6 to the report).

The motion carried with the following vote:

Yes: 5 - Vice Mayor Din

Councilmember Melton

Councilmember Cisneros

Councilmember Mehlinger

Councilmember Sell

No: 1 - Councilmember Srinivasan

Recused: 1 - Mayor Klein

23-0088

Approve the Preferred Concept Plan for the Community

Center Grounds Renovation Project and Find the Action is

Exempt from the California Environmental Quality Act (CEQA)

Pursuant to CEQA Guidelines section 15262

Mayor Klein returned to the meeting at 9:00 p.m.

Assistant Director of Public Works/City Engineer Jennifer Ng provided the staff

report and presentation.

Public Hearing opened at 10:12 p.m.

Steve Scandalis shared support for the Preferred Concept Plan and offered

suggestions for the Community Center Grounds Renovation Project.

Diane Bracken communicated their concerns with how senior community members

will be negatively affected by some of the proposed changes.

Carrie Levin shared their concerns with the limited number of native plants being

used in the Plan and the use of synthetic turf in the Plan.

Stephen Meier spoke to the use of grass areas within the Plan and offered

alternative options that may be used in the Plan.

Public Hearing closed at 10:24 p.m.

MOTION: Councilmember Cisneros moved and Vice Mayor Din seconded the

motion to approve Alternative 1: Approve the Preferred Concept Plan for the

Community Center Grounds Renovation Project as shown on Attachment 6 of the

report and find the action is exempt from the California Environmental Quality Act

(CEQA) pursuant to CEQA Guidelines section 15262.

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

Mayor Klein reported Silicon Valley Clean Energy rates will increase but remain

less than Pacific Gas and Electric (PG&E) rates.

NON-AGENDA ITEMS & COMMENTS

-Council

Mayor Klein sponsored a budget proposal to fund increased tree trimming for street

trees to address the two-year backlog in trimming over two years. Vice Mayor Din

and Councilmembers Melton, Cisneros, Mehlinger, Srinivasan and Sell

co-sponsored the budget proposal.