Council 2024 Intergovernmental Assignments Memorandum — Sunnyvale City Council, December 5, 2023

Memorandum
Date: 11/30/2023
To: Mayor and Councilmembers
From: Office of the City Manager
Subject: Council 2024 Intergovernmental Assignments ‐ Preparation for December 5, 2023 Study Session
In preparation for the December 5, 2023 Study Session, please see the attached list of current IGR assignments for Council to review and discuss in preparation for the annual IGR appointments scheduled for January 9, 2024 (Attachment 1).

T
o facilitate your discussion, Councilmembers who have expressed their interest in retaining current appointments remain listed under their current assignments. If there is no interest in re‐ appointment (release) or left vacant by an outgoing Councilmember, the field is listed as available. If there is an interest in making an assignment available to other Councilmembers but will retain if there is no interest, the field is listed as offer.

C
ouncilmembers are encouraged to seek appointment to those assignments which match their interests.

The
list contains the following appointments:

1. Appointments Made by Council: Assignments that are at the discretion of Council.

2. Appointments Made by Mayor: Assignments appointed by the Mayor.

3. Appointments Made by Outside Agencies: Assignments that are proposed to be ratified by Council during the January 9, 2024 Council Meeting. Assignments included in this section are those where the Councilmember has, in accordance with City Policy, advised staff in advance and followed the appointments process set forth by the agency. All Outside Agency appointments must be ratified by Council before the respective appointee(s) are officially approved to serve on those assignments.

The IG
R Assignments Review Forms for each Councilmember have been included in this packet for reference as Attachment 2.

P
lease note that this is not an exhaustive list of intergovernmental assignments available. Council is encouraged to seek and apply for IGR roles that match their interests and where representation would be of benefit to the City in advancing its goals and policies.

TTACHMENTS

1. 2024 Appointments for Consideration by Council

2. Council IGR Assignment Review Forms

3. Council Policy 7.4.12 Council Appointments to Intergovernmental Agencies

4. Council Policy 7.4.13 Council Subcommittees and Council or Mayor‐ Created Advisory Task Forces

5. Council Policy 7.2.19 Boards and Commissions

Committee 2022 Community Member Appointee Term Expires
VTA - Bicycle and Pedestrian Advisory
Committee Alex Bonne 6/30/2024
Agency 2023 Community Member Appointee Resignation Date Term Expires Bay Area Water Supply and
Conservation Agency (BAWSCA) -
Board of Directors
Gustav Larsson - AVAILABLE 1/18/2024 6/30/2027
San Francisco Bay Area Regional
Financing Authority Gustav Larsson - AVAILABLE 1/18/2024 6/30/2027 Dates Board/Commission Councilmember Meeting Dates
(Monthly) Time
Art Commission Mayor - Klein 3rd Wednesday 7:00pm
Bicycle and Pedestrian Advisory
Commission District 1 - Sell 3rd Thursday 6:30pm
Board of Library Trustees District 2 - Cisneros 1st Monday 7:00pm Heritage Preservation Commission District 3 - Srinivasan 1st Wednesday 7:00pm Housing and Human Services
Commission District 4 - Melton 4th Wednesday 7:00pm
Human Relations Commission District 5 - Mehlinger 2nd Thursday 7:00pm Parks and Recreation Commission District 6 - Din 2nd Wednesday 7:00pm Sustainability Commission Mayor - Klein 3rd Monday 7:00pm Dates Board/Commission Councilmember Meeting Dates
(Monthly) Time
Art Commission Mayor - Klein 3rd Wednesday 7:00pm
Bicycle and Pedestrian Advisory
Commission Mayor - Klein 3rd Thursday 6:30pm
Board of Library Trustees District 1 - Sell 1st Monday 7:00pm Heritage Preservation Commission District 2 - Cisneros 1st Wednesday 7:00pm Housing and Human Services
Commission District 3 - Srinivasan 4th Wednesday 7:00pm Human Relations Commission Disrict 4 - Melton 2nd Thursday 7:00pm Parks and Recreation Commission District 5 - Mehlinger 2nd Wednesday 7:00pm Sustainability Commission District 6 - Din 3rd Monday 7:00pm 2024 Appointments for Consideration by Council - Study Session Tuesday, December 5, 2023
Every year the City Council reviews three types of appointments:
• Appointments made by Council,
• Appointments made by the Mayor, and
• Appointments made by Outside Agencies.

The list below contains assignments which Council held in 2023 and will be active in 2024. Staff has listed the name of each Councilmember that wishes to retain their appointment.
• Appointments released by the current Council appointee, released by the current community member appointee, or left vacant by an outgoing Councilmember are listed as AVAILABLE.
• Appointments offered by the current Council appointee, but will retain if no interest, are listed as OFFER.

Information resulting from the Study Session will be compiled into a new list with the 2024 appointments, which will be presented to Council on January 9 , 2024.

1. Appointments Made by Council : Assignments that are at the discretion of the Council and are proposed to be ratified during the January 9, 2024 Council Meeting.
a. Community Member Appointments: Council may appoint a non-Councilmember to represent the City’s interest on an intergovernmental body.

The Valley Transportation Authority (VTA) Bicycle and Pedestrian Advisory Committee (BPAC) sets terms of membership for each Committee member of two fiscal years, commencing on July 1 of even-numbered years and ending on the second successive June 30. Members may be appointed to successive terms.At the January 3, 2023 Council meeting, City Council ratified the appointment of former Councilmember Gustav Larsson to continue serving on the Bay Area Water Supply and Conversation Agency (BAWSCA) Board of Directors and San Francisco Bay Area Regional Water System Financing Authority (RFA). While this term will expire June 2027, former Councilmember Larsson committed to resigning from the boards on January 18, 2024. Any appointment of a Councilmember to thes
e assignments will be for the remainder of the term.

At the January 3, 2023 Council meeting, City Council ratified the appointment of Councilmember Richard Mehlinger as the Understudy to former Councilember Larsson's appointment to BAWSCA. This appointment is listed for informational purposes, as it is not recognized by BAWSCA.

Councilmember Mehlinger attends the meeting as a member of the public. b. Board and Commission Liaison Assignments
: Per Council Policy, assignments are on a set biannual rotation. The Councilmembers are to be listed in district order with the Mayor listed first, and the boards and commissions are to be listed in alphabetical order. Council can either reaffirm current rotation or change. Below is the proposed rotation schedule for 2024.

Jan - Jun 2024
Jul - Dec 2024
Council‐IGR‐Assignments‐2024 1 of 4 11/27/2023
Memo Attachment 1

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Subcommittees Date Formed Current Appointees
Requesting Re-appointment
3/23/2010 1. Klein - OFFER

2. Mehlinger

3. Melton
9/14/2010 1. Cisneros - OFFER

2. Sell

3. Srinivasan
Agency Meeting Body Current Appointee
Requesting Re-appointment
Current Term
Expires
General Assembly Cisneros - OFFER Dec-23
General Assembly, Alternate Din Dec-23
Policy Advisory Board Cisneros Dec-23
Policy Advisory Board, Alternate AVAILABLE Dec-23
North Valley (NOVA) Job Training
Consortium Workforce Board Nomination Committee Cisneros Dec-23 Moffett Field Restoration Advisory Board (RAB) Mehlinger Dec-23 South Bay Salt Ponds Restoration Stakeholder Forum AVAILABLE Dec-23 Board of Directors Klein Dec-23
Board of Directors, Alternate Srinivasan Dec-23
Board of Directors Din Dec-23
State Route (SR) 85 Corridor Policy
Advisory Board (PAB) Klein - OFFER Dec-23
State Route (SR) 85 Corridor Policy
Advisory Board (PAB), Alternate Srinivasan Dec-23
Policy Advisory Committee (PAC) Sell Dec-23
Policy Advisory Committee (PAC),
Alternate Cisneros Dec-23
Water Emergency Transportation
Authority
Water Emergency Transportation
Authority, Community Advisory
Committee
AVAILABLE Dec-23
Water Commission Cisneros - OFFER Dec-23
Water Commission, Alternate AVAILABLE Dec-23
Community Event and Neighborhood
Grant Distribution Subcommittee
d. External IGR Appointments: Appointments made to local intergovernmental agencies. The appointments below are those where the agency's bylaws require a City Representative and appointment is made by Council action. Councilmembers may express their interest for any assignment; however, they should note that agencies strongly encourage cities appoint the same representative annually for continuity.

Association of Bay Area
Governments (ABAG)
Santa Clara County
Expressway 2040
Silicon Valley Clean Energy
Authority (SVCEA)
Valley Transportation Authority
(VTA)
Valley Water
Council Subcommittee on Boards
and Commissions
c. Council Subcommittees- Standing Committees: Currently there are two standing Council subcommittees set to continue into 2024 unless otherwise directed by Council. Standing committees exist with a set membership unless and until modified by the Council.

Council‐IGR‐Assignments‐2024 2 of 4 11/27/2023
Memo Attachment 1

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Agency Meeting Body
Local Policy Maker Group Cisneros - OFFER Dec-23
Local Policy Maker Group, Alternate Mehlinger Dec-23
Board of Directors Klein Dec-23
Board of Directors, Alternate Din Dec-23
City Selection Committee Klein Dec-23
City Selection Committee, Alternate Din Dec-23
Legislative Action Committee (LAC) Klein - OFFER Dec-23 Legislative Action Committee (LAC),
Alternate Cisneros Dec-23
Valley Water/City of Sunnyvale Joint
Recycled Water Committee Melton Dec-23
Valley Water/City of Sunnyvale Joint
Recycled Water Committee Sell Dec-23
Committee 2022 Community Member Appointee Term Expires
Sourcewise Advisory Council Sandra DeLateur 6/30/2024
Subcommittee Date Formed (RTC)
d. Community Member Advisory Task Forces: There are currently no Community Member Advisory Task Forces. e. Mayor’s Task Force: There are currently no Mayor Task Forces.

Cities Association of Santa Clara
County
Valley Water
b. Community Member Appointments: The appointment to Sourcewise, formerly the Advisory Council to the Council on Aging, is a Mayoral appointment per Council Policy. This appointment was included in the list of appointments presented to the Mayor after the January 4, 2022 meeting.

The appointee is serving a three-year term that began retroactively on July 1, 2021 and ends in June 2024. c. Ad Hoc Advisory Committees: The Mayor may create ad hoc committees of the Council to assist in particular matters as they arise. Members of the committee shall be appointed by the Mayor. They have a fixed, limited assignment. The announcement of their creation and Councilmember appointments is made at a noticed, open meeting of Council. The announcement will also include the conditions under which the committee term will expire.

This committee is not up for consideration or reappointment, but is listed for informational purposes.

City Manager Compensation 10/24/2023 (23-1001)
Caltrain Modernization Project

2. Appointments Made by Mayor
: Assignments that are to be appointed by Mayor. The Mayor will make his appointments following the January 9, 2024 meeting.

An Information Only RTC with Mayoral Appointments will be posted to the next Council meeting agenda following appointment. a. External IGR Appointments: The Mayor may appoint Councilmembers to various local intergovernmental agencies.

Current Appointee
Requesting Re-appointment
Current Term
Expires
Council‐IGR‐Assignments‐2024 3 of 4 11/27/2023
Memo Attachment 1

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Agency Meeting Body Current Appointees
Requesting Re-appointment
Current Term
Expires
Airport Land-Use Commission (ALUC),
Primary Melton May-24
Airport Land-Use Commission (ALUC),
Proxy Srinivasan May-24
Cities Association of Santa Clara County
(CASCC) Executive Board, 2nd Vice
President
Klein Dec-23
Measure A (2016 Housing Bond)
Independent Citizen’s Oversight
Committee
Klein Feb-25
Redevelopment Dissolution Countywide
Oversight Board Klein Dec-23
Santa Clara County Recycling and Waste
Reduction Commission, SMaRT Station
Seat
Klein Dec-25
Unhoused Task Force Klein Dec-23
CAL-ID RAN Policy Board Klein End of Mayoral
Term
Local Agency Formation Committee
(LAFCO), Primary Melton May-24
Silicon Valley Regional Interoperability
Authority (SVRIA), Board of Directors Melton Dec-25
League of California Cities (LCC) Peninsula Division Representative - Revenue & Taxation Policy Committee Melton Nov-23
Silicon Valley Leadership Group
(SVLG) Silicon Valley Recovery
Roundtable
Mayor's Circle Klein End of Mayoral
Term
Association of Bay Area
Governments
San Francisco Bay Conservation and
Development Commission, Alternate Klein Dec-23

3. Appointments Made by Outside Agencies : Assignments included in this section are those where the Councilmember has, in accordance with City Policy, advised staff in advance. All Outside Agency appointments must be ratified by Council before the respective appointee(s) are officially approved to serve on those assignments. Councilmembers must follow the application process of the appointing agency. These appointments typically have a term length, however Council must ratify each re-appointment annually.

The Cities Association of Santa Clara County (CASCC) oversees the appointment process for several of these appointments and announces vacancies as they occur. CASCC or City staff forwards all announcements for appointments that Council are eligible to apply for. Cities are not guaranteed seats from the City Selection.

Santa Clara County
Council‐IGR‐Assignments‐2024 4 of 4 11/27/2023
Memo Attachment 1

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2024 COUNCIL IGR ASSIGNMENTS REVIEW FORM
Appointments Made by Outside Agencies: An indication on this form to “retain” an existing appointment will not initiate the application process. Councilmembers wishing to retain appointments made by outside agencies should inquire with the appointing agency regarding its application process and timelines.

Committee Term Exp Appointments
Made By: Retain* Release** Offer***

MAYOR - LARRY KLEIN

CAL-ID RAN Policy Board [OA, CASCC] End of Mayor
term

Outside Agencies

Cities Association of Santa Clara County - Board of Directors [M]

Dec-2023

Mayoral

Cities Association of Santa Clara County - City Selection Committee [M]

Dec-2023

Mayoral

Cities Association of Santa Clara County- Executive Board, 2nd Vice President [OA,CASCC]

Dec-2023

Outside Agencies

Cities Association of Santa Clara County - Legislative Action Committee [M]

Dec-2023

Mayoral

Council Subcommittee on Boards and Commissions

Dec-2023

Council

San Francisco Bay Conservation and Development Commission [OA], Alternate

Dec-2023

Outside Agencies

Santa Clara County - Emergency Operational Area Council [OA, CASCC]

Sep-2023

Outside Agencies

Santa Clara County - Measure A (2016 Housing Bond)
Independent Citizen's Oversight Committee [OA, CASCC]

Feb-2025

Outside Agencies

Santa Clara County - Recycling and Waste Reduction
Commission [OA, CASCC]

Dec-2025

Outside Agencies

Santa Clara County - Redevelopment Dissolution Countywide Oversight Board [OA, CASCC]

Dec-2023

Outside Agencies

Santa Clara County - Unhoused Task Force [OA]

Dec-2023

Outside Agencies

Silicon Valley Clean Energy Authority (SVCEA) - Board of Directors, Primary

Dec-2023

Council

Silicon Valley Leadership Group (SVLG) - Silicon Valley Recovery Roundtable Mayor's Circle [OA]
End of Mayor
term

Outside Agencies

Valley Transportation Authority - State Route 85 Corridor Policy Advisory Board

Dec-2023

Council

Other Requested Appointments:
10/30/23
LAK
Memo Attachment 2

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2024 COUNCIL IGR ASSIGNMENTS REVIEW FORM
Committee Term Exp Appointments
Made By: Retain* Release** Offer***
Appointments Made by Outside Agencies: An indication on this form to retain an existing appointment will not initiate the application process. Councilmembers wishing to retain appointments made by outside agencies should inquire with the appointing agency regarding its application process and timelines.

Page 2 of 7 ends

Outside agency appt. [OA]; Ratification Pending [RP]; CASCC appt. [CASCC]; Mayoral appt. [M] * - Interested in continuing an existing assignment (retain) ** - Interested in withdrawing or no longer serving on an existing assignment (release) ***- Interested in making assignment available to other interested councilmembers but happy to retain if no one else has an interest in the assignment (offer)
Council Subcommittee on Boards and Commissions Dec-2023 Council League of California Cities - Revenue and Taxation Policy Committee, Peninsula Division Representative [OA] Nov-2023 Outside Agencies Local Agency Formation Commission of Santa Clara County [OA, CASCC], Primary May-2024 Outside Agencies
Santa Clara County - Airport Land Use Commission [OA,
CASCC], Primary May-2024 Outside Agencies
Santa Clara County - Expressway 2040 Policy Advisory Board, Alternate Dec-2023 Council
Silicon Valley Regional Interoperability Authority - Board of Directors [OA, CASCC] Dec-2025 Outside Agencies
South Bay Salt Ponds Restoration Project - Stakeholder Forum Dec-2023 Council Valley Water - Valley Water/City of Sunnyvale Joint Recycled Water Committee [M] Dec-2023 Mayoral
Water Emergency Transportation Authority - Community Advisory Committee Dec-2023 Council
DISTRICT 4 - RUSS MELTON
Other Requested Appointments: ________________________________ _______________________________________________
_______________________________________________
Councilmember Signature: ____________________ Date: _________ Memo Attachment 2

Page 3 of 7 ends

Outside agency appt. [OA]; Ratification Pending [RP]; CASCC appt. [CASCC]; Mayoral appt. [M] * - Interested in continuing an existing assignment (retain) ** - Interested in withdrawing or no longer serving on an existing assignment (release) ***- Interested in making assignment available to other interested councilmembers but happy to retain if no one else has an interest in the assignment (offer)
Association of Bay Area Governments - General Assembly Dec-2023 Council Caltrain Modernization (CalMod) - Local Policy Maker Group [M], Primary Dec-2023 Mayoral
Cities Association of Santa Clara County - Legislative Action Committee, Alternate [M] Dec-2023 Mayoral
Community Event and Neighborhood Grant Distribution
Committee Dec-2023 Council
North Valley Job Training Consortium Workforce Board (NOVA) - Nomination Committee Dec-2023 Council
Santa Clara County - Expressway 2040 Policy Advisory Board Dec-2023 Council Valley Transportation Authority - Policy Advisory Committee, Alternate Dec-2023 Council
Valley Water - Water Commission Dec-2023 Council
DISTRICT 2 - ALYSA CISNEROS
Other Requested Appointments: ________________________________ _______________________________________________
_______________________________________________
Councilmember Signature: ____________________ Date: _________ *Staff Note: Councilmember Cisneros confirmed her
intention with CalMod was to OFFER, not RETAIN
Memo Attachment 2

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2024 COUNCIL IGR ASSIGNMENTS REVIEW FORM
Committee Term Exp Appointments
Made By: Retain* Release** Offer***
Appointments Made by Outside Agencies: An indication on this form to “retain” an existing appointment will not initiate the application process. Councilmembers wishing to retain appointments made by outside agencies should inquire with the appointing agency regarding its application process and timelines.

Outside agency appt. [OA]; Ratification Pending [RP]; CASCC appt. [CASCC]; Mayoral appt. [M] * - Interested in continuing an existing assignment (retain) ** - Interested in withdrawing or no longer serving on an existing assignment (release) ***- Interested in making assignment available to other interested councilmembers but happy to retain if no one else has an interest in the assignment (offer)
Community Event and Neighborhood Grant Distribution
Committee Dec-2023 Council
Santa Clara County - Airport Land Use Commission, Alternate [OA, CASCC] May-2024 Primary
Appointee
Silicon Valley Clean Energy Authority (SVCEA) - Board of Directors, Alternate Dec-2023 Council
Valley Transportation Authority - State Route 85 Corridor Policy Advisory Board, Alternate Dec-2023 Council
DISTRICT 3 - MURALI SRINIVASAN
Other Requested Appointments: ________________________________ _______________________________________________
_______________________________________________
Councilmember Signature: ____________________ Date: _________ Murali Srinivasan
11/6/2023
Type text here
NOVA (committee), Valley water, SC County Unhouse Task force, Memo Attachment 2

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COUNCIL POLICY MANUAL

7.4.12 – Page - 1
Policy 7.4.12 Council Appointments to Intergovernmental Agencies POLICY PURPOSE:

I
t is the purpose of this policy to establish guidelines and standards regarding City resources and support for Councilmembers. This policy is supplementary to and in no way intended to conflict with the City Charter. For further information on this subject, see:
• City Charter, Section 807
• Code of Ethics and Conduct for Elected Officials (available on the City’s internal Web site or in the Office of the City Clerk)
A
dditionally, this policy provide s clarity around the appointment of Council members and non- Councilmembers to intergovernmental (IGR) assignments, including appointment criteria, appointment process, and term length. The policy also addresses Council subcommittees and task forces.

POLICY STATEMENT:

I
. City Councilmember Appointments to Intergovernm ental Agencies • T
he City Council appoints members to a variety of intergovernmental agencies in order to represent the City’s interests and to influence policies and regulations of other agencies.

In general, appointments are governed by the following principles:

A. F
or those IGR assignments where the City’s representative serves at the discretion of the Council, the City Council will nominate members to fill vacancies on IGR bodies as part of a noticed agenda item at a regular meeting.

B. F
or appointments made by outside bodies (for example, the Cities Association or the League of California Cities), the City Council must ratify the appointment of a Councilmember as part of a noticed agenda item at a regular meeting . No further Council ratification is needed for subcommittee appointments if the appointing committee assignment has already been ratified by Council.

C. T
he term of office for the Sunnyvale representative shall be in accordance with the by-laws of the intergovernmental agency to which they were appointed. For agencies with no defined terms, the appointments shall be made annually in January. Notwithstanding, in all cases, Councilmember assignments and appointments shall terminate automatically when a Councilmember leaves office, effective upon the Councilmember’s last day of service.

D. I
n the event a vacancy occurs during a term, the Council will select a member to serve the remainder of that term as part of a noticed agenda at a regular meeting.

Memo Attachment 3

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Councilmembers shall notify the IGR Mana ger of any changes to IGR assignments.

E. Council shall appoint a member to serve as an alternate to IGR bodies at the request of the agency or when the nature of the assignment requires a representative always be present.

F. Staff support is provided to Council members serving on IGR bodies as directed by the City Manager and in accordance with this Policy.

G. When representing the City on an intergovernmental committee, Councilmembers must vote in accordance with the official City position on an issue, regardless of the Councilmember’s individual position.

H. Cities Association of Santa Clara County (CASCC): City Council Representation

The Cities Association of Santa Clara County was formed in 1990 (formerly the “Intergovernmental Council”) in order t o represent the mutual interests of the diverse fifteen cities of Santa Clara County and to present a unified voice for the cities in dealing with other agencies, organizations and levels of government. The Association was established through a joint powers agreement, and is funded exclusively by the fifteen cities.

Each city appoints a city Councilmember to the Board of Directors, which meets monthly. In its role as an advocate for the cities, the group monitors legislative activities at the state and federal levels.

The issue of selection of the representative shall be placed on the agenda of the Council meeting following the meeting when the Mayor is selected. By tradition, the Mayor represents the City of Sunnyvale on the Board of Directors. The Mayor has the discreti on to designate another Councilmember to serve on the Board of the CASCC in his or her stead.

I. City Council Appointment of a Non-Council member to an IGR Assignment

The City Council may, on occasion, appoint a non-Councilmember to represent the City's interest on an intergovernmental body. These appointments must be made as part of a noticed agenda item at a regular meeting. In those circumstances:

1. Staff support is not provided to non-Council members who serve on an intergovernmental body, although a staff member liaison will be designated by the City Manager.

2. Non-Councilmembers serving on intergovernmental bodies shall provide a summary written report to the entire City Council and the City Manager after each intergovernmental agency meeting they attend.

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II. Mayoral Appointments to Intergovernmental Agencies

The Mayor appoints members to a variety of intergovernmental agencies in order to represent the City’s interests and to influence policies and regulations of other agencies.

In general, appointments are governed by the following principles:

A. The Mayor may appoint him/herself.

B. For those IGR assignments where the City’s representative serves at the discretion of the Mayor, the Mayor will appoint members to fill vacancies on IGR bodies.

C. Mayoral appointments include appointments to the US Conference of Mayors’ Policy Committees ; Cities Association of Santa Clara County ’s Board of Directors, City Selection Committee, and Legislative Action Committee; the Advisory Council to the Council on Aging; and Council voting delegates and alternates for annual League of California Cities and National League of Cities conferences.

D. As vacancies occur to the Mayoral appointment to the Advisory Council to the Council on Aging, the Mayo r may direct staff to recommend individuals for consideration.

III. Staff Support to IGR Assignments

Staff assistance shall be provided to Councilmembers serving on intergovernmental bodies when the Council has approved the appointments of a member to that body, or in the case when the Council is not the approving body, if the Council has consented to that member sitting on that body (see Council Policy, 7.3.12 regarding the City Council Appointments to Intergovernmental Agencies, City Council Subcommittees an d Council or Mayor-Created Advisory Task Forces). Unless officially approved by the Council, no staff support shall be provided once a Councilmember leaves City office. The City’s Intergovernmental Relations (IGR) Program is coordinated within the Office of the City Manager. The Office of the City Manager is responsible for assisting Council with applications for IGR committees, determining levels of staff support, presenting Reports to Council to ratify IGR appointments, and maintaining the Council IGR com mittee database.

For purposes of this policy, intergovernmental bodies are broadly defined to include committees of intergovernmental agencies or organizations. Staff support shall be consistent with the following guidelines:

A. Assignments will be made by the City Manager.

Memo Attachment 3

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B. If the intergovernmental body has its own professional staff, such staff should be utilized to the greatest practical extent, rather than City staff.

C. Assigned staff shall meet with newly assigned Councilmembers regarding the expected level of support. A form will be provided to reflect the agreed upon level of support with appropriate signatures. This form is updated at a Councilmember’s request, or upon a change in assignment.

D. Staff shall request that the Councilmember be placed on the committee’s mailing list to receive all required information.

E. Assigned City staff shall not attend the intergovernmental meeting unless the Councilmember requests such attendance from the City Manager, and the Manager approves.

F. The p rimary responsibility of assigned staff is to review issues before the intergovernmental body as they may affect the City, and to advise and assist the Councilmember in presenting issues before the full Council. Staff is encouraged to communicate with Council in writing to avoid miscommunication. IGR information provided to Council shall be consistent with adopted City policies (consider General Plan Sub- elements, adopted legislative advocacy positions, or past Council practice).

G. In the absence of adopted policy, staff should determine whether the issue is significant enough to warrant a Council adopted position. If so, the City Manager should be notified in a timely manner so that the issue can be placed on a Council agenda.

H. Councilmembers shall not direct staff to conduct major research. Major research shall occur only upon the direction of the City Manager.

I. As directed by the City Manager, assigned staff may prepare formal IGR correspondence on behalf of Councilmembers only on issues arising from a Councilmember’s IGR committee assignment Always copy the originating department Director, City Manager and IGR Officer on all IGR -related correspondence (For more detail on IGR advocacy correspondence, see Section E:
“Correspondence Preparation”).

J. Council may provide updates on their IGR assignments during the Council Updates on Intergovernmental Activities section of the Council agenda.

K. Legislative Briefings . Staff prepares briefing reports for Councilmembers attending conferences and meetings as directed by the City Manager. Such reports include up-to-date information on the issues at hand. When the subject is to be Memo Attachment 3

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7.4.12 – Page - 5

discussed with specific legislators, their position (if known on the matter) should be included in the report.

IV. Implementation.

The City Manager shall monitor those provisions of this policy within the City Manager’s Charter responsibilities. Disagreement in interpretation shall be resolved by the City Council. The City Manager shall institute administrative policy to implement this policy.

At the time a new Councilmember is seated, the Mayor and City Manager should review this policy with him/her.

Annually, the City Manager shall review the resource requirements necessary to support the level of service specified in this policy, and recommend as a part of the proposed budget necessary changes of budget resources.

(Adopted: RTC 81- 602 (10/6/1981); Amended: [No RTC] (6/21/1994); [No RTC, Budget workshop] (5/20/1997); Amended by RTC 05-163 (6/7/05); Amended: [No RTC] (4/19/06); Amended: RTC 08-089 (4/1/08); Amended: RTC 09- 001 (1/6/09); Amended: RTC 12- 006 (1/10/12); Updated for clarity (8/21/12); Clerical update (1/25/13) ; Adopted: Council Policy Update, RTC #14- 0061 (November 25, 2014))

Lead Department: Office of the City Manager

For Reference, see also: 7.4.13 Council Subcommittees and Council or Mayor -Created Advisory Task Forces; 7.4.15 Legislative Advocacy Positions; 7.4.15 Council Advocacy

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7.4.13 – Page - 1
Policy 7.4.13 Council Subcommittees and Council or Mayor-Created Advisory Task Forces
POLICY PURPOSE:

T
he City Council and/or Mayor may establish Council subcommittees as stated below.

Subcommittees usually comprise less than a quorum of the Council and are generally used to provide more detailed review and analy sis of complex issues. Subcommittees make recommendations to the Council but cannot take formal action on behalf of the Council.

F
or purposes of the State’s open meeting law (the “Brown Act”) there are two types of council subcommittees: standing committees and ad hoc advisory committees. Under the Brown Act, “standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body” are subject to all open meeting requirements.

A
d hoc advisory committees are composed of less than a quorum of the Council and are created for a limited time for a particular purpose. Under the Brown Act, ad hoc commi ttees are not required to comply with open meeting requirements.

I. Standing Committees.

A. A
ll Council standing committees shall be established by the Council and the membership will be appointed by the Council.

B. S
tanding committees exist, with the set membership, unless and until modified by the Council.

C. S
tanding committees shall select their own chair. If the committee is unable to select a chair, or if the timing requires immediate action, the Council will appoint the chair.

D. S
tanding committe es are subject to open meeting requirements. Any action to create or modify the committee must be placed as an item on the Council agenda.

II. Ad Hoc Advisory Committees.

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7.4.13 – Page - 2

A. The Mayor may create ad hoc committees of the Council to assist in particular matters as they arise. Members of the committee shall be appointed by the Mayor. Council may request the creation of an ad hoc committee through the Mayor.

B. Ad hoc committees have a fixed, limited assignment.

C. No more than three Councilmembers may serve on an ad hoc committee. Ad hoc committee meetings are not subject to open meeting requirements, unless the Mayor directs otherwise when they are formed. The findings and recommendations of the ad hoc committee must be presented to the entire Council at a noticed meeting.

D. Any action to create or modify the committee must be placed as an item on the Council agenda.

III. Community Member Advisory Task Forces.

There are two types of community member advisory task forces – those that are created by action of the Mayor, and those that are created by the Council.

A. Mayor Created Task Forces

From time to time the Mayor may wish to establish advisory task forces of members of the public, or so- called “blue ribbon panels,” to address specific issues of the day. The task force may be composed solely of community members, but may also include Councilmembers. The Mayor may create an advisory task force at his or her discretion. So long as there are only two Councilmembers included on the task force, they are not considered “legislative bodies” within the meaning of the Brown Act and do not need t o comply with open meeting requirements. (This of course does not preclude the task force from holding open and publicly noticed meetings, it simply does not require it.)

Basic principles governing these task forces are:

1. Members are appointed by the Mayor, and may include both Councilmembers (no more than two) and non-Councilmembers.

2. The advisory task force presents its findings and recommendations to the Mayor; at his or her discretion the Mayor may or may not direct that the findings and recommendations be brought forward to the Council. Any action resulting from advisory task force recommendations must be directed and approved by the Council at a noticed meeting.

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3. An advisory task force exists until its work is concluded or it is terminate d by the Mayor; in all cases the term is limited to the term of the appointing Mayor.

4. A task force chair shall be selected by the task force unless the Mayor directly appoints a person to serve as chair.

B. Council Created Task Forces

The City Council may take action to create a temporary, community member task force to consider and advise on defined issues or topics. These commissions, created by formal action of the Council, are considered “legislative bodies” for purposes of the Brown Act, and must comply with open meeting requirements.

The following applies to these task forces:

1. Members of the task force are appointed by the Council, or Council’s designee, and may include council members (no more than three). Any action creating such a task force must be taken at a noticed meeting. The Council may choose and utilize relevant criteria for making such appointments.

2. The findings and recommendations of the task force shall be brought forward to the Council at a noticed meeting; likewise, any action resulting from the task force recommendations must be directed and approved by Council at a noticed meeting.

3. The task force exists until it accomplishes its mission or is otherwise terminated by the Council.

4. The task force chair shall be selected by the task force unless the Council directly appoints a person to serve as chair.

IV. Implementation.

The City Manager shall monitor those provisions of this policy within the City Manager’s Charter responsibilities. Disagreement in interpretation s hall be resolved by the City Council. The City Manager shall institute administrative policy to implement this policy.

At the time a new Councilmember is seated, the Mayor and City Manager should review this policy with him/her.

(Adopted: Council Policy Update, RTC #14-0061 (November 25, 2014))

Lead Department: Office of the City Manager

For reference, see also:

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Policy 7.2.19 Boards and Commissions
POLICY PURPOSE:

Th
e purpose of this policy is to outline those Council policies pertaining to the City’s Boards and Commissions Program.

1. P
OLICY STATEMENT:

This policy pertains only to Council -appointed boards and commissions. Many of its provisions are rooted in the City Charter, and where any conflict exists between this policy and the City Charter, the City Charter shall prevail.

A. Boa
rds and commissions are created by the City Council for the following general purposes:
(
I) To recommend to City Council specific policy- related issues for possible Council study and action, and to provide a forum and opportunity for broad community participation in the identification and prioritization of those issues; and
(
II) To advise City Council on specific policy issues Council has chosen to study, and to provide a forum and opportunity for broad community input on those issues.
(
III) See also Section 2.H, Duties, below.

B. B
oards and commissions shall not involve themselves in administrative/operational matters or the implementation of Council policy, except as requested by the City Manager or their designated staff. (See also Section 2.H., Duties.)

2. BOARD AND COMMISSION BYLAWS
A. The City maintains ten Council-appointed boards and commissions.

A
s a matter of policy, it serves the public interest to have the greatest possible public access to board and commission meetings. As such, meeting locations for boards and commission shall be selected by staff according to the following guidelines:
• Meeting rooms should be of a size adequate to allow for public participation.
• Boards and c ommissions should meet in a location permitting recurring usage of that location to the greatest extent possible. • Boards and commissions should preferably meet in either the Council Chambers or a large publicly accessible conference room.

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• City Council retains the authority to establish alternate meeting guidelines and/or meeting formats as may be appropriate during a state of emergency aligning with Government Code Section 54953(e) or other circumstances the City Council finds are appropriate.

(I) Arts Commission:

This five -member commission acts in an advisory capacity to the City Council in matters pertaining to the arts and the development and promotion of arts programs and activities. Meetings are held on the third Wednesday of each month at 7 p.m.

(II) Bicycle and Pedestrian Advisory Commission:

This seven-member commission acts in an advisory capacity to the City Council on bicycle and pedestrian issues. Meetings are held on the third Thursday of each month at 6:30 p.m.

(III) Board of Library Trustees:

Formed by City Charter Section 1013. This five -member board acts in an advisory capacity to the City Council on library related issues. Meetings are held on the first Monday of each month at 7 p.m. If the first Monday is a City observed holiday, the meeting will be held on the second Monda y of the month.

(IV) Heritage Preservation Commission:

Formed by City Charter Section 1015. This seven-member commission acts in an advisory capacity to the City Council and has certain decision- making authority on the restoration, maintenance and operation of heritage resources throughout the City. Meetings are held on the first Wednesday of every other month beginning in January (and on the first Wednesday of alternate months when needed) at 7 p.m.

(V) Housing and Human Services Commission:

This seven-member commission acts in an advisory capacity to the City Council on programs, policies, and other issues regarding housing and human services. Meetings are held on the fourth Wednesday of each month at 7 p.m.

(VI) Human Relations Commission:

Formed by Resolution No. 1159-22. This five-member commission acts in an advisory capacity to the City Council in matters pertaining to diversity, equity, access, inclusion, justice and belonging in Sunnyvale. Meetings will be held on the second Thursday of each month at 7 p.m.

(VII) Parks and Recreation Commission:

Formed by City Charter Section 1011. This five -member commission acts in an advisory capacity to the City Council in matters and service pertaining to parks, open space, playgrounds, entertainment, other cultural and recreational activities. Meetings are held on the second Wednesday of each month at 7 p.m.

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(VIII) Personnel Board:

Formed by City Charter Section 1007. This five -member board acts in an advisory capacity to the City Council and C ity Manager in matters pertaining to personnel administration. Meetings are held only as necessary, on the third Monday of each month at 5 p.m.

(IX) Planning Commission:

Formed by City Charter Section 1009. This seven-member commission acts in an advisory capacity to the City Council and has some decision-making authority on land use and development of the City. Meetings are held on the second and fourth Monday of each month at 7 p.m.

(X) Sustainability Commission:

This seven -member commission acts in an advisory capacity to the City Council to provide expertise on major policy areas related to the environmental sustainability goals of the Climate Action Playbook (CAP) and General Plan. Meetings are held on the third Monday of each month at 7 p.m. If the third Monday is a City observed holiday, the meeting will be held on the third Tuesday of the month at 7 p.m.

B. Eligibility and Membership

• No board or commission members shall hold any paid office or employment in the City Government.
• All persons appointed to a Charter formed Board or Commission shall be registered voters of the City.
• All persons appointed shall maintain their principal place of residence within the City at the time of their appointment (exceptions: Bicycle and Pedestrian Advisory Commission, Category Two, per Section 2. B. (III) (b) (ii) – Sunnyvale residency not required; Human Relations Commission, Category Two, per Section 2.B(III)(d)(ii) – Sunnyvale residency not required; Sustainability Commission, Category Two, per Section 2.B. ( III) (e) (ii) – Sunnyvale residency not required).
• If at any time during their term any member of a Charter formed board or commission ceases to be an elector of the City or any member of a board or commission ceases to maintain their principal place of residence within the City, then such person shall become ineligible to continue to serve as a member of the board or commission and said position shall be declared vacant by the City Council (exceptions: Bicycle and Pedestrian Advisory Commission, Category Two, per Section 2. B.
(III) (b) (ii)); Human Relations Commission, Category Two, per Section

2.B.(III)(d)(ii); Sustainability Commission, Category Two, per Section 2.B. (III) (e) (ii)).

Spouses, Household Members, and Relatives

No individual shall be eligible to serve on a City board or commission, chartered or otherwise, who has a spouse, household member living under

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the same roof, or designated relative (parent, step -parent, grandparent, child, sister, brother, niece, nephew, uncle, or aunt of the individual or of the individual's spouse or domestic partner), currently serving as a member of the City Council, or employed as the City Manager, Assistant City Manager, Deputy City Manager, Assistant to the City Manager, City Attorney, Department Director or Assistant Director or equivalent for the City of Sunnyvale.

(I) Concurrent Service

No member of any board or commission listed herein, chartered or otherwise, may serve on more than one board or commission at the same time.

(II) Specific membership requirements for charter-related Boards and Commissions are as follows:

(a) Personnel Board:

To b e eligible for appointment, each appointee shall neither hold public office or employment nor be a candidate for any other public office or position, nor be a former City employee. (Source: City Charter Section 1007)

No individual shall be eligible to or continue to serve on the Personnel Board who has a spouse, household member, or designated relative (parent, step-parent, grandparent, child, sister, brother, niece, nephew, uncle, or aunt of the individual or of the individual's spouse or domestic partner ), employed by the City of Sunnyvale in a position which has the right to have a disciplinary matter heard before the Personnel Board.

Two of the five members shall be appointed by the City Council from a list of five persons to be nominated by election of the employees in the classified service. (Source: City Charter Section 1007) (b) Planning Commission:

To be eligible for appointment, each appointee shall not hold any paid office or
employment in the City government, except that the City Manager or his/her [their] designated representative, shall serve as an ex -officio member of the Commission. (Source: City Charter Section 1009)

(III) Specific membership requirements for non- charter-specified Boards and Commissions are as follows:

(a) Arts Commission:

The members of this commission shall have a demonstrated interest in the arts (such as visual, performing, literary) and in the art programs of the City. It is preferable that the Arts Commission include at least one member with a background in visual arts and at least one member with a background in performing arts.

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(b) Bicycle and Pedestrian Advisory Commission:

The members of the commission shall be selected from two categories:

i. Category One shall be bicyclists or pedestrians in the City of Sunnyvale. Every person in this category shall, at the time of their appointment, maintain their principal place of residence within the City. Should any person so appointed cease to maintain their principal place of residence within the City, that person shall be ineligible to continue to serve as a member of the commission.

ii. Category Two ( maximum of two members ) shall at the time of their appointment, maintain their principal place of residence outside the City; and include members of Parent Teacher Associations (PTA) or other parent groups, administrations of schools in Sunnyvale, commute coordinators for major employers within the City, principals or teachers from Sunnyvale schools

The members of the Housing and Human Services Commission shall have a demonstrated interest in housing or human services issues.

(d) Human Relations Commission:
i. Category One (minimum of four members) shall be Sunnyvale residents.
ii. Category Two (maximum of one member) shall include a representative of a nonprofit service agency that serves Sunnyvale residents. Such members need not be Sunnyvale residents.

(e) Sustainability Commission:

The Sustainability Commission shall be open to individuals with a demonstrated interest in environmental sustainability issues. The members of the commission shall be selected from two categories:

i. Category One ( minimum of three members) shall be Sunnyvale residents.
ii. Category Two (minimum of one member) shall include members of the Sunnyvale business community: Sunnyvale business license holders; or designated representative of Sunnyvale businesses with 200 or more employees. Such members need not be
Sunnyvale residents.

(IV) Limitation on Terms

Any person appointed to a board or commission shall be immediately eligible, upon the expiration of their term or resignation prior to completion of their term if appointed to a different board or commission, to serve on a different board or commission.

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All board and commission members are eligible to serve two successive four-year terms on the same board or commission. No person who has served two such successive four-year terms shall be eligible for appointment to that same board or commission for two years following the expiration of the second full term for which the member was appointed and served.

Serving an unexpired term of up to two ( 2) years in length shall not count toward years served in terms of eligibility.

C. Recruitment

Through the Office of the City Manager, efforts will be made to fill board or commission vacancies as soon as practical. Upon notification of a vacancy, whether planned or unplanned, staff shall inform Council of the status of recruitment efforts to fill the vacancy.

D. Appointment

Appointments of board and commission members shall be placed on the agenda at a City Council meeting.

The appointment process will be conducted according to one of the following two methods. In the event that one or more Councilmembers participate via teleconference, voting shall be done using individual candidate votes. Otherwise, the choice of methods is at the discretion of the Mayor on a commission-by- commission basis.

Individual Candidate Votes:

The Mayor will announce by board or commission each vacancy including its term, and then will read each applicant’s name. Council will vote on each applicant. The candidate receiving the most affirmative votes and at least four affirmative votes will be appointed. Should no candidate receive at least four affirmative votes, the vacancy will remain. The process is repeated for each board or commission.

Paper Votes:

The Mayor will announce each board or commission in an order predetermined by the City Clerk to facilitate a speedy process and to accommodate applicants who specify multiple preferences. The City Clerk will distribute individual voting sheets to be completed by each Councilmember. The candidate receiving the most votes and at least four affirmative votes will be appointed. Should no candidate receive at least four affirmative votes, the vacancy will remain.

Resolving ties:

Should a tie between the candidates receiving the most affirmative votes occur, the affected applicants will be voted on again. If a tie still remains, and the affected applicants each have received at least four affirmative votes, the Mayor will ask the City Attorney to draw the name of the person to be appointed.

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Appointing a Current Board/Commission Member to a Vacant Term:

Should Council appoint a current Board or Commission Member to an unexpired term on the same or a different board or commission, the appointee shall have up to 60 days to continue serving on their current b oard or c ommission before they assume office for the unexpired term. The appointee’s completion of the oath of office for the unexpired term shall serve as their resignation from their current term.

If vacancies still exist after the appointment process is conducted, staff shall inform Council of alternative courses of action.

E. Oath of Office

Each board and commission member, before entering upon the discharge of the duties of their office, shall sign the City’s Model of Excellence (an attachment to the Code of Ethics and Conduct for Elected and Appointed Officials) and take, subscribe to, and file with the City Clerk the following oath or affirmation:

“
I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of the office of (here inserting the name of office) according to the best of my ability.” (Source: City Charter Section 910)

After taking the Oath of Office and signing the Model of Excellence in the Office of the City Clerk, each board and commission member shall have the opportunity to receive a ceremonial Oath of Office at a regularly scheduled Council meeting.

Required Training/Conferences and Disclosure Obligations

(I) Mandatory training shall be provided to all board and commission members by the City through the Office of the City Manager, including an orientation session for new members. Training shall be delivered as deemed necessary by the City Council and/or City Manager and may include topics germane to a specific board or commission and/or training generic to all boards and commissions (e.g. ethics training or “how to run a meeting” for board and commission chairs).

(II) Conferences are conducted periodically by outside groups to assist members of boards and commissions in meeting their respective responsibilities more effectively. The City’s interests are often served by participation in the educational and training programs offered at the conferences. Each member of City boards and commissions may attend related training and/or conferences, provided that the conference subject matter pertains directly to the function of the board and commission and that funds for this purpose have been budgeted.

(III) Designated boards and commissions are subject to conflict of interest provisions of the Political Reform Act and must file Statements of Economic Interests. Statements must be filed within 30 days of taking office

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and thereafter annually, as well as upon leaving office.

California Government Code Section 87200 (the Political Reform Act) specifically applies to:

• Members of the Planning Commission

The City’s Conflict of Interest Code requires appointees of designated boards and commissions to file Statements of Economic Interests. The City’s Conflict of Interest Code designates members of the following boards and commissions to file Statements of Economic Interests:

• Members of the Arts Commission
• Members of the Heritage Preservation Commission
• Members of the Housing and Human Services Commission

F. Officers

(I) Selection of Chair and Vice Chair

Unless otherwise dictated by City Charter, each board and commission shall, within the month of July each year, or during the next regularly scheduled meeting if a July meeting is not otherwise necessary, elect one of its members as presiding officer, to serve commencing after the end of the meeting, upon completion of mandatory chair training and ideally in time to advise staff on the agenda for the next regularly-scheduled meeting.

The selection of chair and vice chair shall be the last item on the agenda at the scheduled meeting. All boards and commissions shall select their chair and vice chair in accordance with practices an d procedures outlined by the Office of the City Clerk.

(II) Chair’s Role and Responsibilities

(a) Attends training in how to be an effective chair prior to assuming the role.
(b) Presides at meetings of the board or commission, and follows Ralph M. Brown Act requirements for conducting meetings.
(c) Serves as a liaison to Council at City Council meetings. (d) Coordinates the scheduling of special meetings or cancellation of a meeting with the staff liaison.
(e) Ensures that items on the agenda are in alignment with the City Council approved work plan. Should the chair and the staff liaison disagree regarding the agenda, the City Manager shall have final authority subject to appeal to the City Council.
(f) Board and commission chairs or a designated alternate may always attend Council meetings to present the board or commission’s position to Council. The chair or designated alternate shall report back to their board or commission on Council's discussion and ultimate decision.

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(g) Counsels and administers verbal reprimands and written warnings to board and commission members who do not comply with City policy. (h) Meets with Council in a study session setting on a regular schedule at least annually.

(III) Vice Chair’s Role and Responsibilities

(a) Attends training in how to be an effective vice chair prior to assuming the role.
(b) Serves as the presiding officer in the absence of the chair. (c) Joins board or commission chairs in meetings with Council in a study session setting on a regular schedule at least annually, per Section

2.F.(II)(h).

G. Meetings, Attendance and Quorums (see also Council Policy 7.3.8 (Posting of Agendas and Procedure for Confirming Proper Posting and Notice of Meetings))

(I) Meetings

Each board and commission shall hold regular meetings and special meetings as it may require. All meetings shall be open to the public and meet Ralph M. Brown Act requirements (with the exception of certain disciplinary review proceedings of the Personnel Board).

All board and commission meetings shall operate under The Standard Code of Parliamentary Procedure, 4
th Edition. Should this policy and
Parliamentary Procedure conflict, this policy shall take precedence.

(II) Attendance

Each member of a City board or commission is expected to attend all regularly scheduled meetings
*, and as many special meetings as possible.

When a board or commission member knows in advance that he/she will be absent from a meeting, the member shall give advance notice to the chair and staff liaison.

The board/commission chair shall, in consultation with the staff liaison, propose that each absence be “excused” or “unexcused.” Each board or commission shall then determine by general consent (or, failing to achieve general consent, by majority vote) their member’s absences from regularly scheduled meetings as excused or unexcused
** and shall include that record
in official meeting minutes. Absences from special meetings shall be recorded but shall not be classified as “excused” or “unexcused.”

Unexcused absences from three consecutive regularly scheduled meetings, or from more than 25% of all regularly scheduled meetings over any consecutive 12 -month period, shall result in that member’s seat being declared vacant by the City Clerk. Any declaration of vacancy based on Memo Attachment 5

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unexcused absence from more than 25% of all regularly scheduled meetings over any consecutive 12- month period shall be appealable to the City Council. (Declarations based on absence from three consecutive regularly scheduled meetings are Charter-based and are not appealable.)

Board and commission members are responsible for monitoring their own attendance records. Staff shall prepare for the City Council semi -annual reports of all the City’s boards and commissions showing the attendance of each member at both regular and special meetings during the past 12 months. The percent of regularly scheduled meetings attended shall only be shown for board and commission members having been in office at least six months.

Council shall take into consideration board and commission member attendance records, including tardiness, when evaluating the overall performance of board and commission members.

*Regularly scheduled meeti ngs are defined as those in alignment with the general description provided the public as to the times that board or commission routinely meets. For example, if the Heritage Preservation Commission is advertised as meeting the first Wednesday of every mont h, meetings held on these dates only shall be considered “regular meetings.” Any other meetings shall be considered special meetings. Regularly

scheduled meeting dates and times for all boards and commissions shall be posted on the City’s Web site and in the Boards and Commissions Handbook.

**Excused absences shall be limited to those which meet both of the following requirements:

(a) The absent member must have informed the chair and the staff liaison to the board or commission, of their intended absence prior to the scheduled meeting. (Failure to inform the chair and the staff liaison prior to the meeting shall result in an unexcused absence, unless extenuating circumstances prevent advance notice), and
(b) The absence is due to one of the following:

i A death in the family;
ii Personal illness;
iii Board or commission-related business;
iv Personal leave (limited to one per fiscal year for those boards/commissions meeting monthly or less frequently and to 10% of regularly scheduled meetings for those meeting more frequently);
v Emergency;
vi Decision by member’s supervisor in employment or required military service; or

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vii Federal and State Family leave.

(III) Quorums

Boards and commissions have a quorum present when a majority of their total membership is present. “Total membership” means the number of members indicated in Section 2.A (I) through (VIII); i.e., the Planning Commission has a total membership of seven.
(IV) Majority and Abstentions

Board and commission motions shall be approved by a majority of legal votes cast. Members who fail to vote are presumed to have waived the exercise of their right and to have consented to allow the will of the organization to be expressed by those voting. The tabulation of a vote is based on the number of members present and voting. Abstentions are not counted, since a member who abstains voluntarily relinquishes their vote, and is not counted in the results. ( Source: The Standard Code of Parliamentary Procedure, 4
th Edition)

(V) Ad-hoc Committees

Ad-hoc committees may be established as required to facilitate the study of Council-directed or staff -requested initiatives. These committees will be project-specific and will function only for the duration of the pr oject. The creation of an ad-hoc committee must be included on the meeting agenda to allow the board or commission to discuss and take action regarding the creation of the ad-hoc committee.

H. Duties

Aside from obligations related to attendance and training noted elsewhere in this policy, the general duties for all board and commission members are:

(I) General Duties

(a) Work Plans

Each board and commission shall create an Annual Work Plan which is a 12-month calendar of the policy issues the board/commission will be acting on during the year.

(b) Study Issues Process

The Study Issues process is designed to assist City Council with setting priorities for the coming calendar year. Board and commission members have two roles in this process:

• To advise Council regarding the identification of policy issues to study.

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• To advise Council on those issues Council has decided to study.

Within one month of origin, new study issue papers sponsored by Council or a board or commission will be presented to respective boards or commissions, or at the next regular meeting of the respective board or commission.
(c) Budget

Board and commission members have two roles in the budget process:

• To advise Council regarding the identification of Budget Proposals. • Provide Council a recommendation regarding the City Manager’s recommended budget for content under the purview of their board or commission.

(d) Operational Issues

Upon request by staff, boards and commissions may serve as advisory bodies to staff regarding operational issues.

(II) Specific Duties

Boards and Commissions shall focus their work within the scope of the General Duties and Specific Duties as defined, unless conferred upon by the City Council as described in Additional Duties (Section 2.H.(III)).

(a) Arts Commission:
i Review those portions of master plans of park or facility development or expansion which relate to the arts, for adequacy, appearance and other appropriate criteria, in an attempt to ensure good design and then make recommendations to the City Council. ii Review and make recommendations on the Arts Sub- Element of the General Plan.
iii Review and make recommendations regarding agreements with arts-related outside groups and recommend funding allocations. iv Make policy recommendations regarding the purchase of art for public buildings and for art in private development in accordance with the Sunnyvale Municipal Code.
v Study the regional and state Arts Master Plans and make recommendations to the City Council.

(b) Bicycle and Pedestrian Advisory Commission:
i Recommend priorities for bicycle and pedestrian projects for the annual Transportation Development Act (TDA) Article 3 funding application cycle.
ii Participate in periodic review and revision of the Active Transportation Plan and Bicycle Map.

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iii Review and make recommendations on changes to the Sunnyvale Municipal Code related to bicycles and pedestrians.
iv Review and make recommendations on Federal, State and regional policy proposals related to bicycles and pedestrians. v Develop recommendations on promotion of bicycling and walking as viable, sustainable means of transport.
vi Review and make recommendations on the applicable sections of the General Plan.
(c) Board of Library Trustees:
i Review and make recommendations on the Library section within the Community Character Element of the General Plan. ii Assess community conditions which affect Library goals and policies.
iii Review and make recommendations regarding agreements with outside groups and recommend funding allocations.

(d) Heritage Preservation Commission:
i Act in an advisory capacity to the City Council in all matters pertaining to heritage resources, landmark sites and landmark districts. (Source: City Charter Section 1016)
ii Exercise such functions with respect to any heritage resource, landmark site or landmark district as may be prescribed by ordinance. (Source: City Charter Section 1016)
iii Decision-making authority on resource alteration permits and landmark alteration permits as well as actions to remove a heritage resource from the list of heritage resources. These decisions are final unless appealed to the City Council.
iv Final decision-making authority on appeals of staff decisions of minor landmark and resources alteration permits.
v Recommendations to the City Council on new heritage resource and landmark sites and districts (including buildings, landscapes, and other artifacts that are considered significant in Sunnyvale’s history).
vi Recommendation to the City Council on Heritage Housing and other heritage zoning districts.
vii Participation in the development and promotion of museums and City archives.

(e) Housing and Human Services Commission:
i Review and make recommendations on the Housing and
Community Revitalization Sub -Element and Socioeconomic Element of the General Plan.
ii Review proposed funding policies and grant applications by eligible housing and human service
* agencies for Community
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received.
iii Hold public hearings on draft Housing and Urban Development (HUD) Consolidated Plans and Annual Action Plans to receive public input and provide recommendations to the City Council regarding the content of those plans.
iv In the interest of efficiency and certainty of the land use planning and development process, the Housing and Human Services Commission shall not be involved formally in matters within the responsibility of the Sunnyvale Planning Commission, as defined by State l aw and the Charter and ordinances of the City of Sunnyvale, in any manner that would delay or interfere with consideration of land use permit applications or legislative decisions affecting particular properties. The Commission shall not be formally involved in issues pertaining directly to current or future human services programs which are directly provided by,

co-sponsored by, or relate directly (in the case of outside funding) to the programs provided by City departments for which the City Council has established an advisory board or commission, unless dual responsibility therefore is explicitly authorized by a City Council-approved Agenda Calendar or work plan.
v Study, evaluate and recommend policies relating to issues related to housing and human services
* in Sunnyvale.

*Human Services as defined by Council P olicy 5.1.3 (Human Services)

(f) Human Relations Commission:
i. The Commission should focus on policy issues and not interfere with City operations. Likewise, the Commission is not to be a forum for grievances from members of the public. Complaints should continue to be directed to the City Manager and Council. ii. Study, evaluate and advise the City Council on policies and programs related to diversity, equity, access, inclusion, justice and belonging.
iii. Celebrate and encourage intergroup understanding of Sunnyvale’s rich cultural diversity.
iv. Promote regular, civil, and authentic engagement with diverse groups of residents.
v.

Advise on increasing accessibility and transparency of local government policies, programs and services.

(g) Parks and Recreation Commission:
i Study, evaluate and recommend to the City Council policies relating to parks and recreation activities, such as:
• Community center use policy

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• Park building use policy
• Picnic facility use policy
• License agreements
ii Review master plan of park development or expansion for adequacy, appearance and other appropriate criteria in an attempt to ensure good design and make recommendations to the City Council.
iii Review and make recommendations regarding agreements with parks and recreation related outside groups and recommend funding allocations.
iv Study, eva luate and recommend to the City policies relating to human rights and human relations issues that may arise when addressing issues such as inclusion in the use of City parks and recreation facilities, program accessibility and cultural diversity.

(h) Personnel Board:
i Hear appeals of any officer or employee in the Classified Service who is reclassified, suspended, demoted or removed (terminated), and report its finding to the City Council and City Manager; the findings and conclusions of the Personnel Board shall be final and no appeal may be taken therefrom. (Source: City Charter Section 1008)
ii After a public hearing thereon, recommend to the City Council the adoption, amendment or repeal of the civil service rules and regulations. (Source: City Charter Section 1008)
iii Perform such other duties with reference to personnel administration, not inconsistent with the Charter, as the City Council may require by ordinance. (Source: City Charter Section 1008)

(i) Planning Commission:
i After a public hearing thereon, recommend to the City Council the adoption, amendment, or repeal of Master, General, or Precise Plans, or any part thereof, for the physical development of the City. (Source: City Charter Section 1010)
ii Exercise such functions with respect to land subdivisions, planning, and zoning as may be prescribed by ordinance. (Source:

City Charter Section 1010)
iii Exercise such other functions as now or may be hereafter authorized by the provisions of Title 7 entitled “Planning” of the Government Code of California, or as hereafter amended or added to, insofar as they do not conflict with the provisions of the City Charter. (Source: City Charter Section 1010)
iv Decision-making authority on a variety of discretionary land use applications (e.g. use permits, special development permits, variances, specified design reviews, tentative maps and appeals of decisions of the Zoning/Administrative Hearing Officer). These decisions are final u nless appealed to the City Council.

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v Final decision-making authority on appeals of staff decisions on minor land use applications (e.g. Tree Removal Permits, Miscellaneous Plan Permits).
vi Provide recommendations to City Council on legislative actions such as zoning code amendments, rezoning of property,
amendments to the General Plan, and new and revised specific plans as well as related applications considered at the same time as a legislative action.
vii Review and make recommendations on the entire General Plan (all Elements and Sub- elements) as updates and amendments are considered.
viii Review and act on environmental documents in compliance with the California Environmental Quality Act (CEQA), when related to any of the above actions.

(j) Sustainability Commission:
i. Advise City Council on policy issues addressing sustainability goals.
ii. Advise City Council on how to strategically accelerate Sunnyvale’s progress towards sustainability and recommend priorities, in order to promote continued regional leadership in sustainability.
iii. Periodically review policies governing specific practices, such as Greenhouse Gas (GHG) emissions reduction, water conservation, renewable energy, energy efficiency, waste reduction, and urban forestry. Illustrative examples include creation of infrastructure for low emission vehicles, habitat restoration and conservation, biodiversity preservation, and reduction of toxics in the waste stream.
iv. Advise City Council on ways to drive community awareness, education, and participation in best sustainability practices. v. Review and make recommendations to City Council on Federal, State and regional policies related to sustainability which impact Council’s goals and policies.

(III) Additional Duties

Additional duties may be conferred upon specific boards and/or commissions by the City Council. These shall be memorialized via the City Charter or by revision to this policy.

I. Interaction
with City Council, Public, Staff, and other Board and
Commission Members

(I) Staff Support to Board and Commissions

The City Manager shall appoint a staff liaison to support each board and commission.

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(II) Role in Public Communication

In addition to their role as advisors to the City Council, boards and commissions, as a body, serve as liaisons between the City and the general public regarding issues under their purview at City sponsored meetings or events. Each board and commission functions as a communication link, explaining City programs and recommendations, advocating established City policy and services, as well as providing a forum for public comment during public meetings.

(III) Board and Commission Role Outside of Meetings

(a) Outside of official board or commission meetings, individual board and commission members are not authorized to represent the City or their board or commission unless specifically designated by the City Council or the board or commission to do so for a particular purpose.

(b) Private.

In private settings, board and commission members may communicate at any time and on any subject with individual members of the City Council, and may express to them individual viewpoints and opinions.

In public, however, all members shall represent the official policies or positions of their board or commission, with the following exception:
during a Council public hearing on any item addressed by the board or commission, any member may speak under standard time limits, but shall indicate whether their testimony represents a n official position (majority opinion) or a minority opinion of the board/commission to which they belong. The chair (or their designee) shall represent the majority view of the board or commission, but may report on any minority views as well, including their own. When an official board or commission position differs from staff’s recommendation on a particular policy issue, then at the Mayor’s discretion additional time may be provided to the chair of the board or commission (or their designee) to explain the position of the board/commission or to rebut statements made by staff or the public. If new information is brought to light during a public hearing which was not shared previously with the board or commission, the Mayor may allow the board or commission chair to respond. If the City Council deems the new information sufficient to w arrant additional study, then by majority vote Council may remand the issue back to the board or commission for further study prior to taking other action itself. ( Source: Code of Ethics and Conduct for Elected and Appointed Officials)

(d) Board and Commission Communication and Code of Ethics. Individual opinions and positions may be expressed by board and commission members regarding items that have not come before the particular

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board/commission to which they belong. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City of Sunnyvale, nor will they allow the inference that they do.

Although a board or commission may disagree with the final decision the City Council makes, the board or commission shall not act in any manner contrary to the established policy adopted by the City Council.

Board and commission members shall adhere to the City’s Code of Ethics and Conduct for Elected and Appointed Officials. Council conduct with boards and commissions is also covered in the City’s Code of Ethics and Conduct for Elected and Appointed Officials.

(e) Board and Commission Communication with City Council Council shall be kept informed of the activities of boards and commissions by virtue of the board and commission minutes.

Council shall conduct regular joint meetings with Chairs and Vice Chairs per Section 2.F.(II)(h) with the intention to review and improve overall effectiveness of board and commission meetings.

Council shall consider joint study sessions with boards and commissions as warranted.

Council shall encourage members of the public to submit issues and/or concerns to the appropriate board or commission prior to Council considering the matter. (Source: General Plan Policy CV- 1.3)

Board and commission members with individual concerns of a non- operational nature may seek guidance in any of the following ways:
i. Consult with the board/commission chair. If possible, this is the preferred course of action.
ii. Consult with the Mayor.
iii.

Consult with the Council Liaison to their board/commission or another Councilmember.

When a commission has questions about the commission’s duties or the interpretation of Council policy, the commission may direct an inquiry to:

i. The Mayor.
ii. The Council Subcommittee on Boards and Commissions. iii. The full Council.

When sharing public correspondence with boards and commissions, staff shall be guided by the following principles:

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• Facilitate communication of information on policy issues from the public to the boards and commissions
• Adhere to the law and Council policy (the two Council policies that most relate to this issue are: “Outside of official b/c meetings, individual b/c members are not authorized to
represent the City or their b/c unless specifically designated by the City Council or the b/c to do so for a particular purpose”, and “Boards and commissions may serve as advisory bodies to staff regarding operational issues upon request by staff.”) • Treat all the City’s boards and commissions equitably • Provide all boards and commissions the information needed to do their jobs
• Avoid misleading the public
• Utilize staff time efficiently and effectively

J. Recognition

An annual event to recognize the service of all board and commission members, as well as citizens serving on special Council ad-hoc committees, shall be coordinated through the Office of the City Manager.

Outgoing board and commission members who have served their full term shall receive a certificate of appreciation and a small memento of appreciation. The type of certificates and mementos provided are at the discretion of the Office of the City Manager, shall not exceed the gift limit established by the Fair Political Practices Commission in effect at the time, and will be suitable for the occasion.

K. Resignation/Completion of Term

When a board or commission member resigns from their seat, the member shall notify the Mayor in writing (email or letter), with copies to the staff liaison, City Clerk and City Manager, indicating the effective dat e and the reason(s) for resignation. When the resignation notice is received by the Office of the City Clerk, staff shall notify Council of the resignation and the status of recruitment efforts to fill the vacancy.

Upon resignation or completion of board or commission assignment, individuals shall not represent themselves further as a board or commission member.

L. Sanctions

Counseling, verbal reprimands and written warnings may be administered by the Mayor to board and commission members failing to comply with City policy. These lower levels of sanctions shall be kept private to the degree allowed by law. Copies of all written reprimands administered by the Mayor shall be distributed in memo format to the chair of the respective board or commission, the City Clerk, the City Memo Attachment 5

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Attorney, the City Manager and the City Council. Written reprimands administered by the Mayor shall not be included in packets for public meetings and shall not be publicized except as required under the California Public Records Act. ( Source:

Code of Ethics and Conduct for Elected and Appointed Officials)

(a) Censure
Any form of discipline involving formal censure, or affecting board or commission member status (i.e., removal from office or removal of chairperson status), shall be imposed by a majority vote of at least a quorum of the City Council a t a noticed public meeting and such action shall be preceded by a Report to Council with supporting documentation. The Report to Council shall be distributed in accordance with normal procedures, including hard copies to numerous public facilities and posting online. Any Report to Council addressing alleged misconduct by a board or commission member shall be routed through the Office of the City Attorney for review of whether any information is exempt from disclosure (subject to redaction) based on privacy interests authorized under the California Public Records Act.

(b) Harassment
The City of Sunnyvale is committed to providing an environment for employees,

elected or appointed officials, members of the public, or contractors that promotes dignity and respect and is free from discrimination and harassment. The City maintains a strict policy prohibiting all forms of harassment and discrimination based upon protected classifications as defined below. “Protected Classification” includes race, r eligious creed (including religious dress or grooming practice), color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information or genetic characteristics, sex , gender, gender identity, gender expression, , pregnancy, childbirth, medical conditions related to pregnancy or c hildbirth, breastfeeding or medical conditions related to breastfeeding, sexual orientation, ethnicity, citizenship status, military and veteran status, marital status, family relationship, and age (40 and over),.

Any employee, applicant, elected/appointed official, contract worker, intern or volunteer, who believes he or she has been harassed or retaliated against in violation of this policy are encouraged to promptly report the incident and the individuals involved. Because complaints of harassment, and retaliation are most effectively addressed at the earliest possible stage, the City of Sunnyvale encourages early reporting of concerns or complaints. Prompt reporting will better enable the City to respond, investigate if necessary, provide an appropriate remedy, and impose discipline if appropriate.

For information or to file a complaint, contact any of the following:

• The City’s Human Resources Director, located at the Department of Human Resources, 505 West Olive Ave., Suite 200; 408-730-3001; • The City’s Employee Relations Manager, located at the Department of Human Resources, 505 West Olive Ave., Suite 200; 408-730-3029; • The City Manager, City Attorney, Assistant City Manager, Deputy City Manager, Department Directors, or other managers.

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M. Investigations

When deemed warranted, the Mayor or majority of City Council may call for an investigation of board or commission member conduct. Should the City Manager or City Attorney believe an investigation is warranted, they shall confer with the Mayor or City Council. The Mayor or City Council shall ask the City Manager and/or the City Attorney to investigate the allegation and report the findings.

The results of any such investigation shall be provided to the full Council in the form of a Report to Council, and shall be placed on the agenda of a noticed public meeting as “Information Only.” Any such report shall be made public and distributed in accordance with normal procedures (ie.g., hard copies to numerous public locations and posted online). Any report to Council addressing the investigation of board and commission members shall be routed through the Office of the City Attorney for review of whe ther any information is exempt from disclosure (subject to redaction) based on privacy interests authorized under the California Public Records Act.

It shall be the Mayor and/or the City Council’s responsibility to determine the next appropriate action. These actions include, but are not limited to the following: take no further action; discussing and counseling the individual on the violations; placing the matter on a future public hearing agenda to consider sanctions; forming a Council ad-hoc subcommittee to review the allegation, the investigation and its findings, as well as to recommend sanction options for Council consideration.

N. Removal

The members of each board or commission shall be subject to removal by motion of the City Council approved by at least four affirmative votes, for the following reasons:

(I) Failure to maintain eligibility requirements

(II) Failure to take the required Oath of Office

(III) Failure to complete required training

(IV) Failure to meet attendance requirements

(V) Failure to fulfill board or commission duties

(VI) Failure to adhere to Council policy governing board and commission member interaction with City Council, the public, staff, and/or other board or commission members.

(VII) Violation of the Code of Ethics and Conduct

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O. Administrative Policies

The City Manager shall have full authority to develop and implement any administrative policies and practices deemed necessary to support the operation of all boards and commissions.

P. Council Liaisons to Boards and Commission

The City Council shall appoint one councilmember to serve as a council liaison to each board and commission, except for the Planning Commission and the Personnel Board. Appointments shall change every six months, with the roster established annually as part of the City Council intergovernmental relations appointment process. The method of assignment shall be automatic rotation using Council District numbering, with the Mayor listed first and alphabetic ordering of boards and commissions. Council liaisons are encouraged to attend, monitor, advise, and witness board and commission meetings. Attendance at board or commission meetings by the council liaison is encouraged but not mandatory. Council liai sons may informally arrange for a council alternate when scheduling conflicts arise.

During a board or commission meeting, the council liaison shall serve a role similar to that of the staff liaison. The primary responsibility for providing information to board members or commissioners belongs to the staff liaison, but the council liaison may provide additional information at the request of the chair when questions fall beyond the scope of staff’s expertise. The council liaison may raise points of order when procedural issues arise.

During board or commission meetings, authority resides with the board or commission chair. Council liaisons shall refrain from:

i. Interfering with the smooth operation of board or commission meetings; ii. Acting in a manner that undermines the chair’s authority; iii. Participating
in policy discussions except when providing factual
information at the request of the chair;
iv. Speaking on behalf of the full Council without appropriate authority; or v. Acting as spokesperson for the board or commission.

When questions or concerns arise regarding the conduct of a council liaison, the chair of the board or commission should consult with the Mayor for possible resolution. When the liaison in question is the Mayor, the chair should consult with the Vice Mayor for possible resolution.

Q. Council Subcommittee

A standing subcommittee of three members of City Council shall review all bylaw revisions and other matters relating to boards and commissions. The role of the subcommittee shall be to review the proposed bylaws before consideration for action by the full Council. Subcommittee meetings are subject to Ralph M. Brown Act noticing requirements.

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((Adopted: RTC 07-148 (5/1/07); clarity update 9/21/07; Revised by RTC 08-043 (2/12/08) in accordance with Council action on 11/27/07 and 1/29/08; Revised by RTC 08-294 (10/14/08); Revised by RTC 09-047 (2/24/09); Revised by RTC 09-098 (5/12/09); clerical update (5/15/09); Revised by RTC 09-315 (12/15/09); Revised by RTC 10-143 (5/25/10) in accordance with Council action on 3/23/10); Revised by RTC 10-217 (8/31/10); Revised by RTC 10-249 (9/14/10); Revised by Resolution 458-10 (11/9/10); Revised by RTC 11-009 (1/25/11) in accordance with Council action on 12/7/10); Amended: RTC 11-184 (8/23/2011); Amended by Council action (9/13/2011); Amended by Council action (12/6/2011); Revised by RTC 12-010 (2/7/2012); Amended by Council action, Item #5 (5/15/2012); Revised by RTC 15-0401 (4/21/2015); Clarity Update
6/9/15; Revised by RTC 19-0649 (8/27/19); Revised by RTC 19-1060 (10/29/19); Revised by RTC 21-0985 (10/26/21); Revised by RTCs 22-0631 and 22-0818 (11/29/22); Revised by RTC 23-0167 (3/21/2023))
Lead D
epartment: Office of the City Manager
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Sunnyvale City CouncilDecember 5, 2023

Sunnyvale City Council
December 5, 2023