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City Council

Regular Meeting

Sunnyvale, CA · March 1, 2022

AgendaMinutes

Minutes

City of Sunnyvale Meeting Minutes City Council Tuesday, March 1, 2022 7:00 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Regular Meeting - 7 PM 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 made the necessary findings by adopting Resolution No. 1089-21, reaffirmed on February 22, 2022. Mayor Klein called the meeting to order at 7:00 p.m. via teleconference. ROLL CALL Present: 7 - Mayor Larry Klein Vice Mayor Alysa Cisneros Councilmember Gustav Larsson Councilmember Glenn Hendricks Councilmember Russ Melton Councilmember Omar Din Councilmember Anthony (Tony) Spitaleri Mayor Klein, Vice Mayor Cisneros and all Councilmembers attended via teleconference. ORAL COMMUNICATIONS Councilmember Din announced details for the following: - Current recruitment for the Advisory Committee on Accessibility; - Upcoming Free Computer Literacy Classes at Columbia Neighborhood Center or Senior Center; - Upcoming Free Financial Incentives Webinar on Electrical Vehicles; - The City is seeking input for the Climate Action Playbook Game Plan 2028 Development; and - Upcoming Speaker Series: “The Emissions that you Purchase: Reducing your City of Sunnyvale Page 1 City Council Meeting Minutes March 1, 2022 Carbon Footprint.” CONSENT CALENDAR MOTION: Councilmember Larsson moved and Councilmember Melton seconded the motion to approve agenda items 1.A through 1.J. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 1.A 22-0275 Approve City Council Meeting Minutes of February 8, 2022 Approve the City Council Meeting Minutes of February 8, 2022 as submitted. 1.B 22-0286 Approve City Council Meeting Minutes of February 15, 2022 Approve the City Council Meeting Minutes of February 15, 2022 as submitted. 1.C 22-0287 Approve City Council Meeting Minutes of February 17, 2022 (Study Issues/Budget Proposals Workshop) Approve the City Council Meeting Minutes of February 17, 2022 as submitted. 1.D 22-0288 Approve City Council Meeting Minutes of February 22, 2022 (Redistricting Map Adoption or Send Comments Back to the Redistricting Commission) Approve the City Council Meeting Minutes of February 22, 2022 as submitted. 1.E 22-0172 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 22-0283 Receive and File the City of Sunnyvale Investment Report - Fourth Quarter 2021 City of Sunnyvale Page 2 City Council Meeting Minutes March 1, 2022 Receive and file the City of Sunnyvale - Fourth Quarter 2021 Investment Report. 1.G 22-0050 Accept Fiscal Year 2021/22 Transportation Development Act Article 3 Funding in the amount of $156,554 from the Metropolitan Transportation Commission, and Approve Budget Modification No. 16 to Appropriate the Grant Funding to fund Pedestrian/Bicycle Pathway Spot Improvements Accept Fiscal Year 2021/22 Transportation Development Act Article 3 Funding in the amount of $156,554 from the Metropolitan Transportation Commission and Approve Budget Modification No. 16 to Appropriate the $156,554 to fund Pedestrian/Bicycle Pathway Spot Improvements. 1.H 22-0028 Authorize the City Manager to Execute a Revised Joint Use Agreement between the City of Sunnyvale and Santa Clara Valley Water District for the Sunnyvale West Channel and Sunnyvale East Channel Project Authorize the City Manager to execute a Revised Joint Use Agreement between the City of Sunnyvale and Santa Clara Valley Water District for the Sunnyvale West Channel and Sunnyvale East Channel Project. 1.I 22-0303 Review and Approval of City’s 2022 Code of Ethics and Conduct for Elected and Appointed Officials Review and approve the 2022 Code of Ethics and Conduct for Elected and Appointed Officials with no changes from the 2021 Code as set forth in Attachment 1 of the report. 1.J 22-0258 Ratify Councilmember Glenn Hendricks' Re-appointment to the Measure A Independent Citizens’ Oversight (ICO) Committee as the City of Sunnyvale Representative and Councilmember Russ Melton's appointment as Representative for Santa Clara County Cities on the Silicon Valley Regional Interoperability Authority ("SVRIA") Board of Directors Ratify Councilmember Glenn Hendricks' Re-appointment to the Measure A Independent Citizens' Oversight (ICO) Committee as the City of Sunnyvale Representative and Councilmember Russ Melton's appointment as a representative for Santa Clara County cities on the Silicon Valley Regional Interoperability Authority ("SVRIA") Board of Directors. PUBLIC HEARINGS/GENERAL BUSINESS City of Sunnyvale Page 3 City Council Meeting Minutes March 1, 2022 2 22-0236 Introduce an Ordinance Adopting Chapter 16.80 of the Sunnyvale Municipal Code Related to Responsible Construction (Study Issue) Assistant to the City Manager Connie Verceles provided the staff report and presentation. Public Hearing opened at 7:30 p.m. Louise Auerhahn voiced support for the proposed Ordinance. Krista De La Torre, South Bay Labor Council requested Council implement the Ordinance. David Bini, Building and Construction Trades Council urged Council to adopt the Ordinance. Forest Peterson communicated support for the Ordinance. Ruth Silver Taube urged Council to adopt the Ordinance. Felwina Opiso-Mondina, Santa Clara County Wage Theft Coalition and Pilipino Association of Workers and Immigrants (PAWIS) voiced support for the Ordinance. Felicia Gershberg, Santa Clara County Wage Theft Coalition urged Council to adopt the Ordinance. Mak, PAWIS requested Council consider supporting the Ordinance. Mike Serrone urged Council to adopt the Ordinance. Joshua Howard spoke towards Sunnyvale’s streamlined development process and shared concerns with the Ordinance such as compliance burdens. Anil Babbar shared concerns with the Ordinance and requested Council reconsider adopting the Ordinance. Public Hearing closed at 7:52 p.m. City of Sunnyvale Page 4 City Council Meeting Minutes March 1, 2022 MOTION: Councilmember Hendricks moved and Councilmember Din seconded the motion to approve Alternative 1: Introduce the Ordinance adopting Chapter 16.80 of the Sunnyvale Municipal Code related to responsible construction and find that the action is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5). City Clerk David Carnahan read the Ordinance title for the record. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 3 22-0101 Review and Approve Design Proposals for The Great Box Cover-Up! (Utility Box Painting Project - Phase 1) Recreation Services Coordinator Kristin Dance provided the staff report and presentation. Public Hearing opened at 8:32 p.m. No speakers. Public Hearing closed at 8:32 p.m. MOTION: Councilmember Hendricks moved and Vice Mayor Cisneros seconded the motion to approve Alternative 1: Approve all 12 design proposals advanced by the selection panel. The motion carried with the following vote: City of Sunnyvale Page 5 City Council Meeting Minutes March 1, 2022 Yes: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 4 22-0065 Appoint Applicant to the Personnel Board City Clerk David Carnahan provided the staff report. Public Hearing opened at 8:38 p.m. No speakers. Public Hearing closed at 8:38 p.m. City Clerk David Carnahan conducted a random roll call vote, tallied the votes and reported the result as follows: PERSONNEL BOARD - Council-nominated seat (1 vacancy: term expires 6/30/2025) Applicant: Richard Lesher VOTE: 7-0-0 Richard Lesher was appointed to the Personnel Board to serve a term expiring 6/30/2025. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS None. NON-AGENDA ITEMS & COMMENTS -Council None. -City Manager City Manager Kent Steffens shared details of an upcoming agenda item addressing City of Sunnyvale Page 6 City Council Meeting Minutes March 1, 2022 virtual public meetings. INFORMATION ONLY REPORTS/ITEMS 22-0289 Tentative Council Meeting Agenda Calendar 22-0290 Board/Commission Meeting Minutes 22-0291 Information/Action Items 22-0319 Mayoral Announcement of Mayor-Appointed Ad Hoc El Camino Real Plan Advisory Committee Appointments Committee (Information Only) 22-0333 Board/Commission Resignation (Information Only) ADJOURNMENT Mayor Klein adjourned the meeting in honor of Manuela Rodriguez. Mayor Klein adjourned the meeting at 8:43 p.m. City of Sunnyvale Page 7

Agenda

City of Sunnyvale Notice and Agenda City Council Tuesday, March 1, 2022 7:00 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Regular Meeting - 7 PM Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/96111580540 Special Teleconference Notice 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) and Resolution 1089-21 (reaffirmed February 22, 2022). Public Participation • 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 • 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. Accessibility/Americans with Disabilities Act (ADA) Notice 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 City of Sunnyvale Page 1 Printed on 2/24/2022 City Council Notice and Agenda March 1, 2022 CFR 35.160 (b) (1)). 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 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 22-0275 Approve City Council Meeting Minutes of February 8, 2022 Recommendation: Approve the City Council Meeting Minutes of February 8, 2022 as submitted. 1.B 22-0286 Approve City Council Meeting Minutes of February 15, 2022 Recommendation: Approve the City Council Meeting Minutes of February 15, 2022 as submitted. 1.C 22-0287 Approve City Council Meeting Minutes of February 17, 2022 City of Sunnyvale Page 2 Printed on 2/24/2022 City Council Notice and Agenda March 1, 2022 (Study Issues/Budget Proposals Workshop) Recommendation: Approve the City Council Meeting Minutes of February 17, 2022 as submitted. 1.D 22-0288 Approve City Council Meeting Minutes of February 22, 2022 (Redistricting Map Adoption or Send Comments Back to the Redistricting Commission) Recommendation: Approve the City Council Meeting Minutes of February 22, 2022 as submitted. 1.E 22-0172 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.F 22-0283 Receive and File the City of Sunnyvale Investment Report - Fourth Quarter 2021 Recommendation: Receive and file the City of Sunnyvale - Fourth Quarter 2021 Investment Report. 1.G 22-0050 Accept Fiscal Year 2021/22 Transportation Development Act Article 3 Funding in the amount of $156,554 from the Metropolitan Transportation Commission, and Approve Budget Modification No. 16 to Appropriate the Grant Funding to fund Pedestrian/Bicycle Pathway Spot Improvements Recommendation: Accept Fiscal Year 2021/22 Transportation Development Act Article 3 Funding in the amount of $156,554 from the Metropolitan Transportation Commission and Approve Budget Modification No. 16 to Appropriate the $156,554 to fund Pedestrian/Bicycle Pathway Spot Improvements. 1.H 22-0028 Authorize the City Manager to Execute a Revised Joint Use Agreement between the City of Sunnyvale and Santa Clara Valley Water District for the Sunnyvale West Channel and Sunnyvale East Channel Project Recommendation: Authorize the City Manager to execute a Revised Joint Use Agreement between the City of Sunnyvale and Santa Clara Valley Water District for the Sunnyvale West Channel and Sunnyvale East Channel Project. 1.I 22-0303 Review and Approval of City’s 2022 Code of Ethics and City of Sunnyvale Page 3 Printed on 2/24/2022 City Council Notice and Agenda March 1, 2022 Conduct for Elected and Appointed Officials Recommendation: Review and approve the 2022 Code of Ethics and Conduct for Elected and Appointed Officials with no changes from the 2021 Code as set forth in Attachment 1 of the report. 1.J 22-0258 Ratify Councilmember Glenn Hendricks' Re-appointment to the Measure A Independent Citizens’ Oversight (ICO) Committee as the City of Sunnyvale Representative and Councilmember Russ Melton's appointment as Representative for Santa Clara County Cities on the Silicon Valley Regional Interoperability Authority ("SVRIA") Board of Directors Recommendation: Staff makes no recommendation. By approval of the consent calendar, Council ratifies Councilmember Glenn Hendricks' Re-appointment to the Measure A Independent Citizens' Oversight (ICO) Committee as the City of Sunnyvale Representative and Councilmember Russ Melton's appointment as a representative for Santa Clara County cities on the Silicon Valley Regional Interoperability Authority ("SVRIA") Board of Directors. PUBLIC HEARINGS/GENERAL BUSINESS If you wish to speak to a public hearing/general business item, please refer to 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 22-0236 Introduce an Ordinance Adopting Chapter 16.80 of the Sunnyvale Municipal Code Related to Responsible Construction (Study Issue) Recommendation: Alternative 1: Introduce the Ordinance adopting Chapter 16.80 of the Sunnyvale Municipal Code Related to Responsible Construction and find that the action is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b)(5) 3 22-0101 Review and Approve Design Proposals for The Great Box Cover-Up! (Utility Box Painting Project - Phase 1) Recommendation: There is no staff recommendation for this project. 4 22-0065 Appoint Applicant to the Personnel Board City of Sunnyvale Page 4 Printed on 2/24/2022 City Council Notice and Agenda March 1, 2022 Recommendation: Staff makes no recommendation. 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. 22-0289 Tentative Council Meeting Agenda Calendar 22-0290 Board/Commission Meeting Minutes 22-0291 Information/Action Items 22-0319 Mayoral Announcement of Mayor-Appointed Ad Hoc El Camino Real Plan Advisory Committee Appointments Committee (Information Only) 22-0333 Board/Commission Resignation (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. City of Sunnyvale Page 5 Printed on 2/24/2022 City Council Notice and Agenda March 1, 2022 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. 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. Upcoming Meetings Visit https://sunnyvaleca.legistar.com for upcoming Council, board and commission meeting information. City of Sunnyvale Page 6 Printed on 2/24/2022

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