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City Council

Regular Meeting

Sunnyvale, CA · October 11, 2022

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Minutes

City of Sunnyvale Meeting Minutes City Council Tuesday, October 11, 2022 6:00 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Study Session - 6 PM | Regular Meeting - 7 PM 6 P.M. SPECIAL COUNCIL MEETING (Study Session) 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 September 27, 2022. Vice Mayor Cisneros called the meeting to order at 6:00 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. Study Session A 22-0858 Joint Meeting of City Council with Board and Commission Chairs and Vice Chairs to Review and Improve Overall Effectiveness of Commission Meetings City Clerk David Carnahan provided the staff report. Public Comment opened at 6:34 p.m. No speakers. City of Sunnyvale Page 1 City Council Meeting Minutes October 11, 2022 Public Comment closed at 6:34 p.m. Adjourn Special Meeting Vice Mayor Cisneros adjourned the meeting at 6:48 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 made the necessary findings by adopting Resolution No. 1089-21, reaffirmed on September 27, 2022. Mayor Klein called the meeting to order at 7:00 p.m. via teleconference. ROLL CALL Mayor Klein, Vice Mayor Cisneros and all Councilmembers attended via teleconference. 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 SPECIAL ORDER OF THE DAY B 22-0970 National Friends of the Library Week Mayor Klein read a proclamation in honor of National Friends of the Library Week. Kathy Boelter, President, Friends of the Sunnyvale Public Library spoke towards the proclamation. C 22-0969 Domestic Violence Awareness Month Mayor Klein read a proclamation in honor of Domestic Violence Awareness Month. Meeta Bhaduri, Maitri spoke towards Domestic Violence Awareness Month. City of Sunnyvale Page 2 City Council Meeting Minutes October 11, 2022 D 22-0968 Freedom from Workplace Bullies Week Mayor Klein read a proclamation in honor of Freedom from Workplace Bullies Week. Director of Human Resources Tina Murphy spoke towards the proclamation. E 22-0826 Cybersecurity Awareness Month Mayor Klein read a proclamation in honor of Cybersecurity Awareness Month. Chief Information Officer Kathleen Boutté Foster spoke towards the proclamation. ORAL COMMUNICATIONS Councilmember Spitaleri announced details of the current recruitment for various Boards and Commissions. CONSENT CALENDAR Public Comment opened at 7:23 p.m. No speakers. Public Comment closed at 7:23 p.m. MOTION: Vice Mayor Cisneros moved 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 Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 1.A 22-0091 Approve City Council Meeting Minutes of September 27, 2022 Approve the City Council Meeting Minutes of September 27, 2022 as submitted. 1.B 22-0188 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager City of Sunnyvale Page 3 City Council Meeting Minutes October 11, 2022 Approve the list(s) of claims and bills. 1.C 22-0863 Adopt Resolutions Amending 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 2023; 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 22-0882 REQUEST FOR CONTINUANCE TO A DATE UNCERTAIN Consider a Tenant Protection and Right to Lease Ordinance (Study Issue) Community Development Director Trudi Ryan provided the staff report. Public Hearing opened at 7:24 p.m. No speakers. Public Hearing closed at 7:24 p.m. MOTION: Councilmember Melton moved and Vice Mayor Cisneros seconded the motion to continue the City Council hearing to a date uncertain. 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 22-0989 CONTINUED FROM SEPTEMBER 27, 2022 City of Sunnyvale Page 4 City Council Meeting Minutes October 11, 2022 Introduce an Ordinance Amending Section 9.62.090 of Chapter 9.62 (Public Parks) of the Sunnyvale Municipal Code Public Works Director Chip Taylor provided the staff report. Public Hearing opened at 7:40 p.m. Coleen Hausler spoke regarding the unhoused population in Sunnyvale and how this Ordinance may affect those residents. Public Hearing closed at 7:42 p.m. MOTION: Councilmember Melton moved and Councilmember Din seconded the motion approve Alternative 1: Introduce an Ordinance to amend Sunnyvale Municipal Code Section 9.62.090 (Loitering Prohibited During Certain Hours) of Chapter 9.62 (Public Parks) of the Sunnyvale Municipal Code. 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 4 22-0883 Consider Draft Assessment of Fair Housing Housing Officer Jenny Carloni provided the staff report. Public Hearing opened at 9:06 p.m. No speakers. Public Hearing closed at 9:06 p.m. MOTION: Councilmember Melton moved and Councilmember Larsson seconded the motion approve Alternative 2: Approve the draft Assessment of Fair Housing as presented in Attachment 2 of the staff report, with the following modifications: City of Sunnyvale Page 5 City Council Meeting Minutes October 11, 2022 - Direct staff to synchronize the content of the Assessment to align with the Executive Summary; - Under Proposed Goals and Actions: - I.a. Replace, "Evaluate whether to place a" with "Participate in a;" - IV.c. Replace, "Expand bus service" with "Advocate to expand bus service;" - Direct staff to add a declaratory or disclaimer statement similar to: the Assessment of Fair Housing is not Sunnyvale City Council policy. For Sunnyvale City Council policy regarding affordable housing, review the Housing Element of the General Plan. 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 Council took a recess at 9:15 p.m. and reconvened at 9:20 p.m. with all Councilmembers present via teleconference. 5 22-0322 Adopt Positions on State and Local Ballot Measures for the November 8, 2022 Election Senior Management Analyst Michelle Zahraie provided the staff report. Public Hearing opened at 9:23 p.m. Richard Mehlinger requested the City support Proposition 1 - Constitutional Right to Reproductive Freedom. Legislative Constitutional Amendment. Coleen Hausler communicated the desire for the City to remain neutral regarding state ballot measures. Steve Scandalis shared a request for the City to remain neutral on state ballot measures. City of Sunnyvale Page 6 City Council Meeting Minutes October 11, 2022 Public Hearing closed at 9:26 p.m. MOTION: Councilmember Hendricks moved and Councilmember Din seconded the motion to support: - Proposition 1 - Constitutional Right to Reproductive Freedom. Legislative Constitutional Amendment; and - Proposition 31 - Referendum on 2020 Law That Would Prohibit the Retail Sale of Certain Flavored Tobacco Products. 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 MOTION: Councilmember Melton moved to oppose: - Proposition 26 - Allows In-Person Roulette, Dice Games, Sports Wagering on Tribal Lands. Initiative Constitutional Amendment and Statute: - Proposition 27 - Allows Online and Mobile Sports Wagering Outside Tribal Lands. Initiative Constitutional Amendment and Statute. The motion failed due to lack of a second. MOTION: Vice Mayor Cisneros moved and Councilmember Din seconded the motion to support Proposition 28 - Provides Additional Funding for Arts and Music Education in Public Schools. Initiative Statute. The motion carried with the following vote: City of Sunnyvale Page 7 City Council Meeting Minutes October 11, 2022 Yes: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 MOTION: Councilmember Spitaleri moved to support Proposition 29 - Requires On-Site Licensed Medical Professional at Kidney Dialysis Clinics and Establishes Other State Requirements. Initiative Statute. The motion failed due to the lack of a second. 6 22-0995 Approve a Memorandum of Understanding between the City of Sunnyvale and the Service Employees International Union (SEIU); and Adopt a Resolution Amending the City's Salary Resolution and the Schedule of Pay to Increase Salaries for Pay Plan Category L, Classified Part-Time Employees Represented by the Service Employees International Union Human Resources Director Tina Murphy provided the staff report. Public Hearing opened at 9:47 p.m. No speakers. Public Hearing closed at 9:47 p.m. MOTION: Councilmember Melton moved and Vice Mayor Cisneros seconded the motion approve Alternative 1: Authorize the City Manager to execute the Memorandum of Understanding between the City of Sunnyvale and the Service Employees International Union (SEIU) Local 521; and Adopt a Resolution amending the City's Salary Resolution and the Schedule of Pay to increase salaries for Pay Plan Category L (Employees Represented by SEIU). The motion carried with the following vote: City of Sunnyvale Page 8 City Council Meeting Minutes October 11, 2022 Yes: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 7 22-0923 Adopt a Resolution Amending and Restating the City's Salary Resolution and Schedule of Pay Human Resources Director Tina Murphy provided the staff report. Public Hearing opened at 9:53 p.m. Coleen Hausler asked if this action resulted in any pay increases. Public Hearing closed at 9:54 p.m. MOTION: Councilmember Melton moved and Vice Mayor Cisneros seconded the motion adopt a Resolution amending and restating the City's Salary Resolution and Schedule of Pay to implement various administrative changes including: (1) Updating Confidential Premium Pay, (2) Changing Classification Titles for grant-funded positions; and (3) Removing Classifications no longer in use. 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 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS None. City of Sunnyvale Page 9 City Council Meeting Minutes October 11, 2022 NON-AGENDA ITEMS & COMMENTS mo -Council Councilmember Spitaleri announced the restaurant and conference facilities are open at the Sunnyvale Municipal Golf Course. MOTION: Vice Mayor Cisneros moved and Councilmember Din seconded the motion to agenize a study session to consider the high number of pedestrian and bicyclist collisions and fatalities occurring at the intersection of Wolfe Road and Inverness Way for October 25, 2022. The motion failed with the following vote: Yes: 2 - Vice Mayor Cisneros Councilmember Din No: 5 - Mayor Klein Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Spitaleri -City Manager None. INFORMATION ONLY REPORTS/ITEMS 22-0187 Tentative Council Meeting Agenda Calendar 22-0925 Board/Commission Meeting Minutes 22-0941 Information/Action Items ADJOURNMENT Mayor Klein adjourned the meeting at 10:15 p.m. City of Sunnyvale Page 10

Agenda

City of Sunnyvale Notice and Agenda City Council Tuesday, October 11, 2022 6:00 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Study Session - 6 PM | 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 No. 1089-21 (reaffirmed September 27, 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 (*9 to request to speak | *6 to unmute/mute) • Watch the City Council meeting at http://youtube.com/SunnyvaleMeetings or on television over Comcast Channel 15, AT&T Channel 99 • Submit written comments to the City Council no later than 4 hours prior to the meeting start to council@sunnyvale.ca.gov or by mail to: City Clerk, 603 All America Way, Sunnyvale, CA 94086 • Review recordings of this meeting and past meetings at https://sunnyvaleca.legistar.com/calendar.aspx or http://youtube.com/SunnyvaleMeetings Accessibility/Americans with Disabilities Act (ADA) Notice City of Sunnyvale Page 1 Printed on 10/6/2022 City Council Notice and Agenda October 11, 2022 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)). 6 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 22-0858 Joint Meeting of City Council with Board and Commission Chairs and Vice Chairs to Review and Improve Overall Effectiveness of Commission Meetings 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 22-0970 National Friends of the Library Week City of Sunnyvale Page 2 Printed on 10/6/2022 City Council Notice and Agenda October 11, 2022 C 22-0969 Domestic Violence Awareness Month D 22-0968 Freedom from Workplace Bullies Week E 22-0826 Cybersecurity 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 22-0091 Approve City Council Meeting Minutes of September 27, 2022 Recommendation: Approve the City Council Meeting Minutes of September 27, 2022 as submitted. 1.B 22-0188 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.C 22-0863 Adopt Resolutions Amending 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) City of Sunnyvale Page 3 Printed on 10/6/2022 City Council Notice and Agenda October 11, 2022 Recommendation: Adopt two resolutions: (1) Setting the employer's contribution under the Public Employees' Medical and Hospital Care Act ("PEMHCA") for 2023, 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 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 22-0882 REQUEST FOR CONTINUANCE TO A DATE UNCERTAIN Consider a Tenant Protection and Right to Lease Ordinance (Study Issue) Recommendation: Continue the City Council hearing to a date uncertain. 3 22-0989 CONTINUED FROM SEPTEMBER 27, 2022 Introduce an Ordinance Amending Section 9.62.090 of Chapter 9.62 (Public Parks) of the Sunnyvale Municipal Code Recommendation: Alternative 1: Introduce an Ordinance to Amend Sunnyvale Municipal Code Section 9.62.090 (Loitering Prohibited During Certain Hours) of Chapter 9.62 (Public Parks) of the Sunnyvale Municipal Code. 4 22-0883 Consider Draft Assessment of Fair Housing Recommendation: Alternative 1: Approve the draft Assessment of Fair Housing as presented in Attachment 2 of the staff report. 5 22-0322 Adopt Positions on State and Local Ballot Measures for the November 8, 2022 Election City of Sunnyvale Page 4 Printed on 10/6/2022 City Council Notice and Agenda October 11, 2022 Recommendation: Alternative 1: Adopt the following staff-recommended positions on the ballot measures deemed City business, including any items where staff recommends Council remain neutral (take no position). TAKE NO POSITION - Proposition 30 - Provides Funding for Programs to Reduce Air Pollution and Prevent Wildfires by Increasing Tax on Personal Income Over $2 Million. Initiative Statute. SUPPORT - Proposition 31 - Referendum On 2020 Law That Would Prohibit the Retail Sale of Certain Flavored Tobacco Products. 6 22-0995 Approve a Memorandum of Understanding between the City of Sunnyvale and the Service Employees International Union (SEIU); and Adopt a Resolution Amending the City's Salary Resolution and the Schedule of Pay to Increase Salaries for Pay Plan Category L, Classified Part-Time Employees Represented by the Service Employees International Union Recommendation: Alternative 1: Authorize the City Manager to Execute the Memorandum of Understanding between the City of Sunnyvale and the Service Employees International Union (SEIU) Local 521; and Adopt Resolution Amending the City's Salary Resolution and the Schedule of Pay to Increase Salaries for Pay Plan Category L (Employees Represented by SEIU). 7 22-0923 Adopt a Resolution Amending and Restating the City's Salary Resolution and Schedule of Pay Recommendation: Adopt a Resolution Amending and Restating the City's Salary Resolution and Schedule of Pay Implement Various Administrative Changes Including: (1) Updating Confidential Premium Pay, (2) Changing Classification Titles for Grant-Funded Positions; (3) Removing Classifications No Longer in Use COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS NON-AGENDA ITEMS & COMMENTS City of Sunnyvale Page 5 Printed on 10/6/2022 City Council Notice and Agenda October 11, 2022 -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. 22-0187 Tentative Council Meeting Agenda Calendar 22-0925 Board/Commission Meeting Minutes 22-0941 Information/Action Items 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 Chambers 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 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? City of Sunnyvale Page 6 Printed on 10/6/2022 City Council Notice and Agenda October 11, 2022 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 7 Printed on 10/6/2022

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