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City Council

Regular Meeting

Sunnyvale, CA · October 12, 2021

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Minutes

City of Sunnyvale Meeting Minutes City Council Tuesday, October 12, 2021 6:15 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Closed Session - 6:15 PM | Regular Meeting - 7 PM 6:15 P.M. SPECIAL COUNCIL MEETING (Closed Session) Call to Order Pursuant to Government Code Subdivision 54953(e), the meeting was conducted telephonically; pursuant to state law, the City Council is scheduled to make the necessary findings on October 26, 2021. Mayor Klein called the meeting to order at 6:15 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. Public Comment Public Comment opened at 6:17 p.m. No speakers. Public Comment closed at 6:17 p.m. Convene to Closed Session A 21-0899 Closed Session Held Pursuant to California Government Code Section 54957.6: City of Sunnyvale Page 1 City Council Meeting Minutes October 12, 2021 CONFERENCE WITH LABOR NEGOTIATORS, Agency designated representatives: Tina Murphy, Director of Human Resources Employee organizations: Communications Officers Association (COA); Public Safety Managers Association (PSMA) Adjourn Special Meeting Mayor Klein adjourned the meeting at 6:50 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Pursuant to Government Code Subdivision 54953(e), the meeting was conducted telephonically; pursuant to state law, the City Council is scheduled to make the necessary findings on October 26, 2021. 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 Mayor Klein, Vice Mayor Hendricks and all Councilmembers attended via teleconference. CLOSED SESSION REPORT Vice Mayor Hendricks reported that Council met in Closed Session Pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS, Agency designated representatives: Tina Murphy, Director of Human Resources. Employee organizations: Communications Officers Association (COA); Public Safety Managers Association (PSMA); nothing to report City of Sunnyvale Page 2 City Council Meeting Minutes October 12, 2021 SPECIAL ORDER OF THE DAY B 21-0358 Freedom from Workplace Bullying Week Mayor Klein read a proclamation in honor of Freedom from Workplace Bullying Week. Human Resources Director Tina Murphy spoke towards the proclamation. C 21-0778 Cybersecurity Awareness Month Mayor Klein read a proclamation in honor of Cybersecurity Awareness Month. Chief Information Officer Kathleen Boutté Foster spoke towards the proclamation. D 21-0959 Domestic Violence Awareness Month Mayor Klein read a proclamation in honor of Domestic Violence Awareness Month. Meeta Bhaduri, Maitri spoke towards the proclamation. ORAL COMMUNICATIONS Councilmember Cisneros shared details of COVID-19 testing availability at the Sunnyvale Community Center and COVID-19 vaccination availability via Santa Clara County. She announced details of the current recruitment for various Board and Commissions, that applications are being accepted for the Community Events and Neighborhood Grants program and that the Climate Action Scoreboard has been updated and may be viewed at sunnyvaleclimateaction.org. CONSENT CALENDAR MOTION: Vice Mayor Hendricks and Councilmember Melton seconded the motion to approve agenda items 1.A through 1.C. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton Councilmember Fong Councilmember Cisneros Councilmember Din City of Sunnyvale Page 3 City Council Meeting Minutes October 12, 2021 No: 0 1.A 21-0259 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 21-0651 Award of Contract to Kimley Horn & Associates, Inc., for Safe Routes to School Improvements on Maude and Sunnyvale Avenues (F21-109) Take the following actions: - Award a Consultant Services Agreement in the amount not-to-exceed $357,885.39 in substantially the same form as Attachment 1 to the report to Kimley Horn & Associates, Inc.; - Approve a 10% contingency in the amount of $35,789; and - Authorize the City Manager to execute the contract when all necessary conditions have been met. 1.C 21-0915 Adopt Resolutions Approving Amendments to the City’s Contribution for CalPERS Medical Insurance for Management, Sunnyvale Employees’ Association/International Federation of Professional and Technical Engineers (SEA/IFPTE Local 21), Confidential, and Service Employees International Union (SEIU) Employees and Annuitants (Retirees) Adopt two resolutions: 1. Setting the employer's contribution under the Public Employees' Medical and Hospital Care Act ("PEMHCA") for 2022; and 2. Amending Salary Resolution No. 190-05, to modify the City's contribution for medical insurance for Management, SEA/IFPTE Local 21, Confidential, and SEIU employees and annuitants (retirees). PUBLIC HEARINGS/GENERAL BUSINESS 2 21-0714 Consider the Sunnyvale Historical Society and Museum Association’s Proposed Addition to the Sunnyvale Heritage Park Museum and Find that the Project is Exempt from California Environmental Quality Act Assistant Public Works Director Jennifer Ng provided the staff report and presentation. City of Sunnyvale Page 4 City Council Meeting Minutes October 12, 2021 Public Hearing opened at 8:02 p.m. Laura Babcock, Director, Sunnyvale Historical Society and Museum Association (SHSMA) presented the applicant report. Mike Serrone communicated support for the project and spoke towards the importance of retaining the area’s history. Richard Mehlinger urged Council to approve SHSMA’s proposed project as it will provide crucial storage for artifacts. He spoke towards creating an area that provides access where individuals can study and research the history of Sunnyvale. Coleen Hausler spoke towards the importance of preserving Sunnyvale’s history and shared support for the expansion of the museum. Public Hearing closed at 8:26 p.m. MOTION: Councilmember Fong moved and Councilmember Din seconded the motion to approve Alternative 1: Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section s15301(e) and 15303(c), accept the Heritage Museum Expansion Project concept proposed by Sunnyvale Historical Society and Museum Association (SHSMA), and direct the City Manager to execute the Fifth Amendment to the SHSMA Lease Agreement in substantially the same form as Attachment 7 to the report when all necessary conditions have been met. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Fong Councilmember Cisneros Councilmember Din No: 1 - Councilmember Melton 3 21-0528 Approve Transfer from the Housing Mitigation Fund to the General Fund Related to Five Parcels Purchased with General Funds for the Downtown Specific Plan Area Block 15 Development for $11,245,263 and Approve Budget City of Sunnyvale Page 5 City Council Meeting Minutes October 12, 2021 Modification No. 9 in the Amount of $11,245,263 Finance Director Tim Kirby provided the staff report. Public Hearing opened at 8:51 p.m. No speakers. Public Hearing closed at 8:51 p.m. MOTION: Vice Mayor Hendricks moved and Councilmember Din seconded the motion to approve Alternative 1: Approve the transfer of funds from the Housing Mitigation Fund to the General Fund related to five parcels purchased with General Funds for the Downtown Specific Plan Area Block 15 Development based on the Supplemental Review of the 2020 Appraisal Report for $11,245,263 and approve Budget Modification No. 9 in the amount of $11,245,263. 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 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS None. NON-AGENDA ITEMS & COMMENTS -Council Councilmember Melton sponsored a Study Issue to clarify and modernize Sunnyvale Municipal Code Chapter 19.38 so that an otherwise applicable requirement for undergrounding utilities cannot be taken under Senate Bill 330 as a concession or waiver. Co-sponsored by Mayor Klein. Vice Mayor Hendricks inquired when customers can expect to see 2019 water usage on their utility bill as the baseline year for water usage comparison. City of Sunnyvale Page 6 City Council Meeting Minutes October 12, 2021 Finance Director Tim Kirby announced that the utility bills published later in the week will include the 2019 information. -City Manager City Manager Kent Steffens announced that the City of Sunnyvale was awarded “Project of the Year” (in the category of sustainable and green projects less than $2 million) by the American Public Works Association, Silicon Valley Chapter. The award is in recognition of the Caribbean Drive parking and trail access enhancement project. INFORMATION ONLY REPORTS/ITEMS 21-0521 Tentative Council Meeting Agenda Calendar 21-0535 Board/Commission Meeting Minutes 21-0540 Information/Action Items 21-0944 Mayoral Announcement of Mayor-Appointed Ad Hoc Advisory Committee on City Manager Compensation (Information Only) ADJOURNMENT Mayor Klein closed the meeting in honor of Robert Lawson. Mayor Klein adjourned the meeting at 9:01 p.m. City of Sunnyvale Page 7

Agenda

City of Sunnyvale Notice and Agenda City Council Tuesday, October 12, 2021 6:15 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Closed Session - 6:15 PM | Regular Meeting - 7 PM Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/96111580540 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 Government Code Subdivision 54953 (e); pursuant to state law, the City Council is scheduled to make the necessary findings on October 26, 2021. • 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), if you need special assistance to provide public comment, or 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 10/7/2021 City Council Notice and Agenda October 12, 2021 6:15 P.M. SPECIAL COUNCIL MEETING (Closed Session) Call to Order Call to Order via teleconference. Roll Call Public Comment The public may provide comments regarding the Closed Session item(s). If you wish to address the Council, please refer to the notice at the beginning of this agenda. Closed Sessions are not open to the public. Convene to Closed Session A 21-0899 Closed Session Held Pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS, Agency designated representatives: Tina Murphy, Director of Human Resources Employee organizations: Communications Officers Association (COA); Public Safety Managers Association (PSMA) 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 CLOSED SESSION REPORT City of Sunnyvale Page 2 Printed on 10/7/2021 City Council Notice and Agenda October 12, 2021 SPECIAL ORDER OF THE DAY B 21-0358 Freedom from Workplace Bullying Week C 21-0778 Cybersecurity Awareness Month D 21-0959 Domestic Violence Awareness Month 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 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 21-0259 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Recommendation: Approve the list(s) of claims and bills. 1.B 21-0651 Award of Contract to Kimley Horn & Associates, Inc., for Safe Routes to School Improvements on Maude and Sunnyvale Avenues (F21-109) Recommendation: Take the following actions: - Award a Consultant Services Agreement in the amount not-to-exceed $357,885.39 in substantially the same form as Attachment 1 to the report to Kimley Horn & Associates, Inc.; - Approve a 10% contingency in the amount of $35,789; and - Authorize the City Manager to execute the contract when all necessary conditions have been met. 1.C 21-0915 Adopt Resolutions Approving Amendments to the City’s City of Sunnyvale Page 3 Printed on 10/7/2021 City Council Notice and Agenda October 12, 2021 Contribution for CalPERS Medical Insurance for Management, Sunnyvale Employees’ Association/International Federation of Professional and Technical Engineers (SEA/IFPTE Local 21), Confidential, and Service Employees International Union (SEIU) Employees and Annuitants (Retirees) Recommendation: Adopt two resolutions: (1) Setting the employer's contribution under the Public Employees' Medical and Hospital Care Act ("PEMHCA") for 2022, and (2) Amending Salary Resolution No. 190-05, to modify the City's contribution for medical insurance for Management, SEA/IFPTE Local 21, Confidential, and SEIU employees and annuitants (retirees). PUBLIC HEARINGS/GENERAL BUSINESS If you wish to speak to a public hearing/general business item, please refer to the notice at the beginning of this agenda. Each speaker is limited to a maximum of 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 21-0714 Consider the Sunnyvale Historical Society and Museum Association’s Proposed Addition to the Sunnyvale Heritage Park Museum and Find that the Project is Exempt from California Environmental Quality Act Recommendation: Staff makes no recommendation. 3 21-0528 Approve Transfer from the Housing Mitigation Fund to the General Fund Related to Five Parcels Purchased with General Funds for the Downtown Specific Plan Area Block 15 Development for $11,245,263 and Approve Budget Modification No. 9 in the Amount of $11,245,263 Recommendation: Alternative 1: Approve the transfer of funds from the Housing Mitigation Fund to the General Fund related to five parcels purchased with General Funds for the Downtown Specific Plan Area Block 15 Development based on the Supplemental Review of the 2020 appraisal report for $11,245,263 and approve the Budget Modification No. 9 for the amount of $11,245,263. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS City of Sunnyvale Page 4 Printed on 10/7/2021 City Council Notice and Agenda October 12, 2021 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. 21-0521 Tentative Council Meeting Agenda Calendar 21-0535 Board/Commission Meeting Minutes 21-0540 Information/Action Items 21-0944 Mayoral Announcement of Mayor-Appointed Ad Hoc Advisory Committee on City Manager Compensation (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 in the Office of the City Clerk located at 603 All America Way, 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 All America Way, 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 to access City Hall to view these materials and 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 City of Sunnyvale Page 5 Printed on 10/7/2021 City Council Notice and Agenda October 12, 2021 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. 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 Office of the City Clerk. The City Clerk will distribute your items to the Council following the meeting. Upcoming Meetings Visit https://sunnyvaleca.legistar.com for upcoming Council, board and commission meeting information. City of Sunnyvale Page 6 Printed on 10/7/2021

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