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City Council

Regular Meeting

Sunnyvale, CA · February 2, 2021

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Minutes

City of Sunnyvale Meeting Minutes City Council Tuesday, February 2, 2021 5:30 PM Telepresence Meeting: City Web Stream | AT&T Channel 99 | Comcast Channel 15 Special Meeting: Study Session - 5:30 PM | Regular Meeting - 7 PM 5:30 P.M. SPECIAL COUNCIL MEETING (Study Session) Call to Order Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, the meeting was conducted telephonically. Mayor Klein called the meeting to order at 5:37 p.m. via teleconference. Roll Call Present: 7 - Mayor Larry Klein Vice Mayor Glenn Hendricks Councilmember Gustav Larsson Councilmember Russ Melton Councilmember Mason Fong Councilmember Alysa Cisneros Councilmember Omar Din Mayor Klein, Vice Mayor Hendricks and all Councilmembers attended via teleconference. Study Session A 21-0020 Mary Avenue Overcrossing Principal Transportation Engineer Angela Obeso provided the staff report and presentation. Public Comment opened at 6:38 p.m. Dan Hafeman spoke towards utilizing alternate routes such as the State Route 237 / Ellis Street exit to access the Moffett Park area, public transit highway lanes and City of Sunnyvale Page 1 City Council Meeting Minutes February 2, 2021 Class 4 bike lanes. Richard Mehlinger shared support for a public transit lane only on the overcrossing and Alternatives 3 and 4. Mike Serrone spoke towards bicycle infrastructure, building the Mary Avenue overcrossing to accommodate future uses and voiced support for alternative 3. Ken Olevson communicated concerns regarding the egress and ingress of the Moffett Park area and shared support for identifying an evacuation plan for the area. Leia Mehlman spoke towards alternatives that support bicyclists, pedestrians and public transportation. Sarah G. shared support for Alternative 3. Kerry Haywood spoke towards planning micro mobility and communicated support for Alternatives 1 and 2. Public Comment closed at 6:51 p.m. Adjourn Special Meeting Mayor Klein adjourned the meeting 6:51 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, the meeting was conducted telephonically. Mayor Klein called the meeting to order at 7:00 p.m. via teleconference. ROLL CALL Present: 7 - Mayor Larry Klein Vice Mayor Glenn Hendricks Councilmember Gustav Larsson Councilmember Russ Melton Councilmember Mason Fong Councilmember Alysa Cisneros Councilmember Omar Din City of Sunnyvale Page 2 City Council Meeting Minutes February 2, 2021 Mayor Klein, Vice Mayor Hendricks and all Councilmembers attended via teleconference. SPECIAL ORDER OF THE DAY B 21-0288 African American History Month Mayor Klein read a proclamation in honor of African American History Month. Milan Balinton, Executive Director, San Jose African American Community Services Agency spoke towards the proclamation. PRESENTATION C 21-0094 Midpeninsula Regional Open Space District Update by District Board Members Jed Cyr and Yoriko Kishimoto Jed Cyr and Yoriko Kishimoto, District Board Members, Midpeninsula Regional Open Space District provided the presentation. ORAL COMMUNICATIONS Councilmember Melton announced details of the upcoming EV 201: Finding the Electric Vehicle for Your Lifestyle Workshop and current recruitment for various Boards and Commissions. He also announced COVID-19 testing availability at the Sunnyvale Murphy Park Building along with testing availability via Santa Clara County. Richard Mehlinger, Livable Sunnyvale shared details of the upcoming Livable Sunnyvale General Membership meeting. Rose Gregorio spoke towards activating a warming center at the Sunnyvale Library (Library) in response to inclement weather. Alec Vandenberg voiced support for activating a warming center in the Sunnyvale community. A member of the public communicated support for opening a warming center at the Library, allowing use of tents on the Library plaza and inquired on the process for activating a warming center. City of Sunnyvale Page 3 City Council Meeting Minutes February 2, 2021 Helen Gettinger, Stop Death Coalition shared support for opening the Library as a warming center. She inquired on the City’s process and requirements for activating a warming center. Alyssa spoke towards lack of warming centers in North County areas and the restriction of tent use on the Library plaza. Rity voiced support for activating a warming center at the Library. Robert Gleichman communicated support for activating the Library as a warming center and allowing use of tents at the Library in response to inclement weather. CONSENT CALENDAR MOTION: Vice Mayor Hendricks moved and Councilmember Larsson seconded the motion to approve agenda items 1.A through 1.D. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton Councilmember Fong Councilmember Cisneros Councilmember Din No: 0 1.A 21-0177 Approve City Council Meeting Minutes of January 26, 2021 Approve the City Council Meeting Minutes of January 26, 2021 as submitted. 1.B 21-0108 Approve 2021 Board and Commission Work Plans Approve the 2021 Work Plans as submitted. 1.C 21-0131 Adopt a Resolution Extending the City’s Declaration of Local Emergency for COVID-19 Adopt a Resolution extending the City Manager/Director of Emergency Services' proclamation of existence of a local emergency (COVID-19). 1.D 21-0290 Adopt Ordinance No. 3172-21 to Amend Chapter 16.52 (Fire City of Sunnyvale Page 4 City Council Meeting Minutes February 2, 2021 Code) of Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code to Adopt by Reference the 2019 Intervening California Fire Code Adopt Ordinance No. 3172-21 to amend Chapter 16.52 (Fire Code) of Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code to adopt by reference the 2019 Intervening California Fire Code. PUBLIC HEARINGS/GENERAL BUSINESS 2 21-0017 Discussion and Direction on Ordinance Establishing a Public Process for Redistricting Deputy City Manager Jaqui Guzmán provided the staff report and presentation. Public Hearing opened at 7:48 p.m. Elaine Manley, Sunnyvale Fair Redistricting shared support for a hybrid redistricting commission and the group’s recommendations related to commission structure and redistricting process. Diane Gleason voiced support for an independent redistricting commission with a hybrid redistricting commission as an alternative. She spoke towards the selection process for establishing the commission. Frances Stanley-Jones, Sunnyvale Fair Redistricting provided an overview of the group’s revised recommendations related to the commissions review process of the district maps. Cal Cornwell, Sunnyvale Fair Redistricting communicated support for a hybrid redistricting commission and spoke towards the requirements of Assembly Bill 849. Helen Grieco, Northern California Organizer, California Common Cause shared support for an independent redistricting commission with a hybrid redistricting commission as an alternative. Mike Serrone voiced support for Sunnyvale Fair Redistricting’s recommendations and for a hybrid redistricting commission. Martin Pyne communicated concerns with developing a process and ordinance that would require revisions in 2030. He shared support for an independent or hybrid City of Sunnyvale Page 5 City Council Meeting Minutes February 2, 2021 redistricting commission. Robert Gleichman voiced support for an independent redistricting commission. Galen Kim Davis shared support for Sunnyvale Fair Redistricting’s recommendations. Richard Mehlinger communicated support for a hybrid redistricting commission. He shared concerns regarding possible disenfranchisement of residents in District 5. Coleen Hausler voiced support for Sunnyvale Fair Redistricting’s proposals. Linda Davis shared support for establishing an independent redistricting commission for 2030 and urged Council to consider creating an ordinance that addresses the 2020 redistricting. She voiced concerns with creating an ordinance with the intention of addressing future redistricting. Public Hearing closed at 8:17 p.m. MOTION: Councilmember Melton moved and Mayor Klein seconded the motion to direct staff to prepare an ordinance with a hybrid redistricting commission (commission). The motion carried with the following vote: Yes: 5 - Mayor Klein Councilmember Larsson Councilmember Fong Councilmember Cisneros Councilmember Din No: 2 - Vice Mayor Hendricks Councilmember Melton MOTION: Councilmember Melton moved and Councilmember Fong seconded the motion to direct staff to include that the commission’s duty and deliverable will be to provide to the City Council five viable redistricting map (maps) options. FRIENDLY AMENDMENT: Councilmember Fong offered a friendly amendment that the commission will provide at a minimum three and no more than five viable redistricting map options. Councilmember Melton accepted the friendly amendment. City of Sunnyvale Page 6 City Council Meeting Minutes February 2, 2021 The motion carried with the following vote: Yes: 6 - Mayor Klein Councilmember Larsson Councilmember Melton Councilmember Fong Councilmember Cisneros Councilmember Din No: 1 - Vice Mayor Hendricks MOTION: Councilmember Din moved and Councilmember Melton seconded the motion to direct staff to incorporate a parameter in the ordinance that the commission present draft copies of the map options to Council for feedback. Following incorporation of feedback, the commission will present map options to Council from which Council must select a final map or may veto all maps by a super majority vote and the commission may return with redrawn maps. FRIENDLY AMENDMENT: Councilmember Melton offered a friendly amendment to include a mid-way joint meeting of the City Council and the commission. Councilmember Din accepted the friendly amendment. The motion carried with the following vote: Yes: 6 - Mayor Klein Councilmember Larsson Councilmember Melton Councilmember Fong Councilmember Cisneros Councilmember Din No: 1 - Vice Mayor Hendricks MOTION: Councilmember Fong moved and Councilmember Melton seconded the motion to direct staff to include in the ordinance that the commission contain one member from each of the six council districts and one at-large member for a seven-member commission with three alternates and with no district residency preference for the alternates. In addition, allow for a vacant district to be filled by an at-large member but no more than two members from the same district may be on the commission. FRIENDLY AMENDMENT: Councilmember Din offered a friendly amendment to City of Sunnyvale Page 7 City Council Meeting Minutes February 2, 2021 require at least one member and no more than two members from each council district on the commission. Councilmember Fong accepted the friendly amendment. The motion failed with the following vote: Yes: 3 - Councilmember Fong Councilmember Cisneros Councilmember Din No: 4 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton MOTION: Vice Mayor Hendricks moved and Councilmember Melton seconded the motion to direct staff to include in the ordinance to require a seven-member commission with three alternates and that no district can have more than two representatives in the combined total of ten-members (seven-members and three alternates) with an attempt of having each district represented. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton Councilmember Fong Councilmember Cisneros Councilmember Din No: 0 MOTION: Councilmember Fong moved and Councilmember Cisneros seconded the motion to direct staff to include an application process in the ordinance where applicants to the commission be reviewed and interviewed by Council in a public meeting setting (utilizing the board and commission recruitment process). The motion carried with the following vote: City of Sunnyvale Page 8 City Council Meeting Minutes February 2, 2021 Yes: 7 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton Councilmember Fong Councilmember Cisneros Councilmember Din No: 0 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Councilmember Larsson provided an update on the Hetch Hetchy water supply. Councilmember Din shared his attendance at a Santa Clara Valley Water Commission meeting including selection of chair, approval of the 2021 work plan and review of the water fees. NON-AGENDA ITEMS & COMMENTS -Council Councilmember Melton shared that the airplane noise website is live and requested staff share a training video/tutorial or instructional guides for how to report airplane noise. Councilmember Din spoke towards Fair Oaks Park and activating a City facility as a warming center. MOTION: Councilmember Din moved to agendize for the next Council meeting a Report to Council regarding the unhoused population at Fair Oaks Park and within the Sunnyvale community. City Manager Kent Steffens announced that staff has received a written proposal from a local non-profit organization to provide case management services and hotel accommodations to the unhoused population at Fair Oaks Park. Should Council agendize this discussion topic, development of the agreement between the City and the non-profit may be delayed. Councilmember Din withdrew his motion. -City Manager City of Sunnyvale Page 9 City Council Meeting Minutes February 2, 2021 City Manager Kent Steffens provided an overview of Santa Clara County’s Emergency Operation Center criteria for activating a cooling or warming center. He also provided an overview of the differences between a warming center and a warming shelter and the services provided at each. INFORMATION ONLY REPORTS/ITEMS 21-0196 Tentative Council Meeting Agenda Calendar 21-0197 Information/Action Items 21-0022 Boards and Commissions Semi-Annual Attendance Report, July to December 2020 (Information Only) ADJOURNMENT Mayor Klein adjourned the meeting at 10:55 p.m. City of Sunnyvale Page 10

Agenda

City of Sunnyvale Notice and Agenda City Council Tuesday, February 2, 2021 5:30 PM Telepresence Meeting: City Web Stream | AT&T Channel 99 | Comcast Channel 15 Special Meeting: Study Session - 5:30 PM | Regular Meeting - 7 PM Because of the COVID-19 emergency and the “shelter in place” orders issued by Santa Clara County and the State of California, this meeting of the Sunnyvale City Council will take place by teleconference, as allowed by Governor Gavin Newsom’s Executive Order N-29-20. • Watch the City Council meeting on television over Comcast Channel 15, AT&T Channel 99, at http://youtube.com/SunnyvaleMeetings or https://sunnyvaleca.legistar.com/calendar.aspx • Submit written comments to the City Council up to 4 hours prior to the meeting to council@sunnyvale.ca.gov or by mail to City Clerk, 603 All America Way, Sunnyvale, CA 94086. • Teleconference participation: You may provide audio public comment by connecting to the teleconference meeting online or by telephone. Use the Raise Hand feature to request to speak (*9 on a telephone): Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/96111580540 Meeting call-in telephone number: 833-548-0276 | Meeting ID: 961 1158 0540 Pursuant to the Americans with Disabilities Act (ADA) and Executive Order N-29-20, if you need special assistance to provide public comment, contact the City at least 2 hours prior to the meeting in order for the City to make reasonable alternative arrangements for you to communicate your comments. For other special assistance; please contact the City at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility to this meeting. The Office of the City Clerk may be reached at (408) 730-7483 or cityclerk@sunnyvale.ca.gov (28 CFR 35.160 (b) (1)). City of Sunnyvale Page 1 Printed on 1/28/2021 City Council Notice and Agenda February 2, 2021 5:30 P.M. SPECIAL COUNCIL MEETING (Study Session) Call to Order Call to Order via teleconference. Roll Call Study Session The public may provide comments regarding the Study Session item(s). If you wish to address the Council, please refer to the notice at the beginning of this agenda. A 21-0020 Mary Avenue Overcrossing Adjourn Special Meeting 7 P.M. COUNCIL MEETING Pursuant to Council Policy, City Council will not begin consideration of any agenda item after 11:30 p.m. without a vote. Any item on the agenda which must be continued due to the late hour shall be continued to a date certain. Information provided herein is subject to change from date of printing of the agenda to the date of the meeting. CALL TO ORDER Call to Order via teleconference. ROLL CALL SPECIAL ORDER OF THE DAY B 21-0288 African American History Month PRESENTATION C 21-0094 Midpeninsula Regional Open Space District Update by District Board Members Jed Cyr and Yoriko Kishimoto ORAL COMMUNICATIONS This category provides an opportunity for members of the public to address the City Council on items not listed on the agenda and is limited to 15 minutes (may City of Sunnyvale Page 2 Printed on 1/28/2021 City Council Notice and Agenda February 2, 2021 be extended or continued after the public hearings/general business section of the agenda at the discretion of the Mayor) with a maximum of up to three minutes per speaker. Please note the Brown Act (Open Meeting Law) does not allow the Council to take action on an item not listed on the agenda. If you wish to address the Council, please refer to the notice at the beginning of this agenda. Individuals are limited to one appearance during this section. CONSENT CALENDAR All matters listed on the consent calendar are considered to be routine and will be acted upon by one motion. There will be no separate discussion of these items. If a member of the public would like a consent calendar item pulled and discussed separately, please refer to the notice at the beginning of this agenda. 1.A 21-0177 Approve City Council Meeting Minutes of January 26, 2021 Recommendation: Approve the City Council Meeting Minutes of January 26, 2021 as submitted. 1.B 21-0108 Approve 2021 Board and Commission Work Plans Recommendation: Approve the 2021 Work Plans as submitted. 1.C 21-0131 Adopt a Resolution Extending the City’s Declaration of Local Emergency for COVID-19 Recommendation: Adopt a Resolution Extending the City Manager/Director of Emergency Services' Proclamation of Existence of a Local Emergency (COVID-19). 1.D 21-0290 Adopt Ordinance No. 3172-21 to Amend Chapter 16.52 (Fire Code) of Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code to Adopt by Reference the 2019 Intervening California Fire Code Recommendation: Adopt Ordinance No. 3172-21 to amend Chapter 16.52 (Fire Code) of Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code to adopt by reference the 2019 Intervening California Fire Code. PUBLIC HEARINGS/GENERAL BUSINESS If you wish to speak to a public hearing/general business item, please fill out a speaker card and give it to the City Clerk. You will be recognized at the time the item is being considered by Council. Each speaker is limited to a maximum of City of Sunnyvale Page 3 Printed on 1/28/2021 City Council Notice and Agenda February 2, 2021 three minutes. For land-use items, applicants are limited to a maximum of 10 minutes for opening comments and 5 minutes for closing comments. 2 21-0017 Discussion and Direction on Ordinance Establishing a Public Process for Redistricting Recommendation: Staff recommends that the Council discuss a draft ordinance establishing a public process for Sunnyvale City Council redistricting and provide direction on key elements to facilitate drafting an ordinance for Council's consideration and approval at a future meeting. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS NON-AGENDA ITEMS & COMMENTS -Council -City Manager INFORMATION ONLY REPORTS/ITEMS Visit http://Sunnyvale.ca.gov/TCMAC to view the Tentative Council Meeting Agenda Calendar (TCMAC) online. The TCMAC is updated each Thursday afternoon. 21-0196 Tentative Council Meeting Agenda Calendar 21-0197 Information/Action Items 21-0022 Boards and Commissions Semi-Annual Attendance Report, July to December 2020 (Information Only) ADJOURNMENT NOTICE TO THE PUBLIC The agenda reports to council (RTCs) may be viewed on the City’s website at sunnyvale.ca.gov after 7 p.m. on Thursdays or at the Sunnyvale Public Library, 665 W. Olive Ave. as of Fridays prior to Tuesday City Council meetings. Any agenda related writings or documents distributed to members of the City of Sunnyvale City Council regarding any open session item on this agenda will be made available for public inspection in the Office of the City Clerk located at 603 City of Sunnyvale Page 4 Printed on 1/28/2021 City Council Notice and Agenda February 2, 2021 All America Way, Sunnyvale, California during normal business hours and in the Council Chamber on the evening of the Council Meeting, pursuant to Government Code §54957.5. Please contact the Office of the City Clerk at (408) 730-7483 for specific questions regarding the agenda. PLEASE TAKE NOTICE that if you file a lawsuit challenging any final decision on any public hearing item listed in this agenda, the issues in the lawsuit may be limited to the issues which were raised at the public hearing or presented in writing to the Office of the City Clerk at or before the public hearing. PLEASE TAKE FURTHER NOTICE that Code of Civil Procedure section 1094.6 imposes a 90-day deadline for the filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure 1094.5. Pursuant to the Americans with Disabilities Act, if you need special assistance in this meeting, please contact the Office of the City Clerk at (408) 730-7483. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.160 (b) (1)) Planning a presentation for a City Council meeting? To help you prepare and deliver your public comments, please review the "Making Public Comments During City Council or Planning Commission Meetings" available at http://Sunnyvale.ca.gov/PublicComments Planning to provide materials to Council? If you wish to provide the City Council with copies of your presentation materials, please provide 12 copies of the materials to the City Clerk (located to the left of the Council dais). The City Clerk will distribute your items to the Council. Upcoming Meetings Visit https://sunnyvaleca.legistar.com for upcoming Council, board and commission meeting information. City of Sunnyvale Page 5 Printed on 1/28/2021

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