City Council
Regular MeetingSunnyvale, CA · November 1, 2022
Minutes
City of Sunnyvale
Meeting Minutes
City Council
Tuesday, November 1, 2022 5:00 PM Telepresence Meeting: City Web Stream |
Comcast Channel 15 | AT&T Channel 99
Special Meeting: Closed Session - 5 PM | Special Meeting: Study Session - 6 PM |
Regular Meeting - 7 PM | Regular Meeting: Sunnyvale Financing Authority - 7 PM (or
soon thereafter)
5 P.M. SPECIAL COUNCIL MEETING (Closed Session)
Call to Order
Pursuant to Government Code Subdivision 54953(e), the meeting was conducted
telephonically; pursuant to state law, the City Council made the necessary findings
by adopting Resolution No. 1089-21, reaffirmed on October 25, 2022.
Vice Mayor Cisneros called the meeting to order at 5:00 p.m. via teleconference.
Roll Call
Present: 7 - Mayor Larry Klein
Vice Mayor Alysa Cisneros
Councilmember Gustav Larsson
Councilmember Glenn Hendricks
Councilmember Russ Melton
Councilmember Omar Din
Councilmember Anthony (Tony) Spitaleri
Mayor Klein, Vice Mayor Cisneros and all Councilmembers attended via
teleconference.
Public Comment
Public Comment opened at 5:02 p.m.
No speakers.
Public Comment closed at 5:02 p.m.
Convene to Closed Session
A 22-0853 Closed Session held pursuant to California Government Code
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Section 54957:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager and City Attorney
Adjourn Special Meeting
Vice Mayor Cisneros adjourned the meeting at 5:59 p.m.
6 P.M. SPECIAL COUNCIL MEETING (Study Session)
Call to Order
Pursuant to Government Code Subdivision 54953(e), the meeting was conducted
telephonically; pursuant to state law, the City Council made the necessary findings
by adopting Resolution No. 1089-21, reaffirmed on October 25, 2022.
Vice Mayor Cisneros called the meeting to order at 6:01 p.m. via teleconference.
Roll Call
Present: 6 - Mayor Larry Klein
Vice Mayor Alysa Cisneros
Councilmember Gustav Larsson
Councilmember Russ Melton
Councilmember Omar Din
Councilmember Anthony (Tony) Spitaleri
Absent: 1 - Councilmember Glenn Hendricks
Mayor Klein, Vice Mayor Cisneros and Councilmembers Larsson, Melton, Din, and
Spitaleri attended via teleconference.
Councilmember Hendricks joined the meeting at 6:06 p.m.
Study Session
B 22-0009 Sunnyvale Clean Water Program Update
Public Works Director Chip Taylor and the following participates provided the staff
report and presentation:
- Assistant Director of Public Works Jennifer Ng
- Assistant City Engineer Allison Boyer
- Finance Director Tim Kirby
- Environmental Services Director Ramana Chinnakotla
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Public Comment opened at 6:54 p.m.
Stephen Meier shared suggestions to consider when continuing the Clean Water
Program.
Public Comment closed at 6:55 p.m.
Adjourn Special Meeting
Vice Mayor Cisneros adjourned the meeting at 6:57 p.m.
7 P.M. COUNCIL MEETING
CALL TO ORDER
Pursuant to Government Code Subdivision 54953(e), the meeting was conducted
telephonically; pursuant to state law, the City Council made the necessary findings
by adopting Resolution No. 1089-21, reaffirmed on October 25, 2022.
Mayor Klein called the meeting to order at 7:00 p.m. via teleconference.
ROLL CALL
Present: 7 - Mayor Larry Klein
Vice Mayor Alysa Cisneros
Councilmember Gustav Larsson
Councilmember Glenn Hendricks
Councilmember Russ Melton
Councilmember Omar Din
Councilmember Anthony (Tony) Spitaleri
Mayor Klein, Vice Mayor Cisneros and all Councilmembers attended via
teleconference.
CLOSED SESSION REPORT
Vice Mayor Cisneros reported that Council met in Closed Session Conference held
pursuant to California Government Code Section 54957: Public Employee
Performance Evaluation Title: City Manager and City Attorney; nothing to report.
SPECIAL ORDER OF THE DAY
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C 22-0972 Small Business Saturday
Mayor Klein read a proclamation in honor of Small Business Saturday.
Michelle Scripoch, Chief Financial Officer, Walt’s Cycle spoke to the proclamation.
D 22-0971 Picture Book Month
Mayor Klein read a poem and proclamation in honor of Picture Book Month.
PRESENTATION
E 22-1068 Update from Bay Area Water Supply and Conservation Agency
(BAWSCA) by BAWSCA Chief Executive Officer and General
Manager Nicole Sandkulla
Nicole Sandkulla, Chief Executive Officer and General Manager, Bay Area Water
Supply and Conservation Agency (BAWSCA) provided an update to Council about
BAWSCA and the state of the drought.
ORAL COMMUNICATIONS
Glen Hendricks announced details of the November 8 Election.
Pilar Furlong, Chief Community Resource Officer, Bill Wilson Center, announced
that November is Runaway and Homeless Youth Prevention Month and shared
details of services available through the Center.
Stephen Meier spoke to bicycle and pedestrian safety in Sunnyvale and requested
Council invest more in bicycle and pedestrian safety infrastructure.
CONSENT CALENDAR
Public Comment opened at 7:39 p.m.
No speakers.
Public Comment closed at 7:39 p.m.
MOTION: Vice Mayor Cisneros moved and Councilmember Melton seconded the
motion to approve agenda items 1.A through 1.H., with the following modification to
agenda item 1.G, replace “2021 California Fire Code” with “2022 California Fire
Code.”
The motion carried with the following vote:
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Yes: 7 - Mayor Klein
Vice Mayor Cisneros
Councilmember Larsson
Councilmember Hendricks
Councilmember Melton
Councilmember Din
Councilmember Spitaleri
No: 0
1.A 22-0682 Approve City Council Meeting Minutes of October 25, 2022
Approve the City Council Meeting Minutes of October 25, 2022 as submitted.
1.B 22-0190 Approve the List(s) of Claims and Bills Approved for Payment
by the City Manager
Approve the list(s) of claims and bills.
1.C 22-0739 Receive and File the FY 2022/23 First Quarter Budget Update
Receive and file the FY 2021/22 First Quarter Budget Update.
1.D 22-0730 Award of Contract to Bear Electrical Solutions, Inc. for
Advance Dilemma Zone Detection Phase II and Finding of
California Environmental Quality Act (CEQA) Categorical
Exemption (PW23-06)
Take the following actions:
- Award a contract in substantially the same form as Attachment 2 to the report in
the amount of $1,038,000.00 to Bear Electrical Solutions, Inc. of Alviso, CA;
- Make a finding of categorical exemption from the California Environmental Quality
Act (CEQA) pursuant to CEQA Guidelines Section 15301(c);
- Authorize the City Manager to execute the contract when all necessary conditions
have been met; and
- Approve a 5% contingency in the amount of $51,900.
1.E 22-0993 Adopt a Resolution Extending the City’s Declaration of Local
Emergency for COVID-19
Adopt a Resolution extending the City Manager/Director of Emergency Services'
Proclamation of Existence of a Local Emergency (COVID19).
1.F 22-1058 Reconsider and Affirm Resolution No. 1089-21; and Make
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Findings Pursuant to Government Code Section 54953(e) (AB
361) to Continue Virtual Public Meetings for the City Council
and Boards, Commissions and Council Subcommittees During
the COVID-19 State of Emergency
Affirm Resolution 1089-21; and make findings pursuant to Government Code
Section 54953(e) (AB 361) to continue virtual public meetings for the City Council
and Boards, Commissions and Council Subcommittees during the COVID-19 State
of Emergency:
1. The City Council hereby finds that the state of emergency conditions related to
COVID-19, as set forth in Resolution No. 1147-22 adopted on September 27, 2022
and incorporated herein by reference, are ongoing;
2. The City Council finds that there is a need to continue teleconferencing for public
meetings without posting the teleconferencing locations on the agenda and without
requiring the teleconference locations to be accessible to the public during the
current Governor proclaimed COVID-19 state of emergency; and
3. The City Council finds that the state of emergency continues to directly impact
the ability of members of the City Council, Council Standing Committees, and City
Boards and Commissions to meet safely in person.
1.G 22-1061 Adopt Ordinance No. 3201-22 to amend Chapter 16.52 (Fire
Code) of Title 16 (Buildings and Construction) of the
Sunnyvale Municipal Code to Adopt by Reference The 2022
California Fire Code with Local Amendments and Related
Findings.
Adopt Ordinance No. 3201-22 to amend Chapter 16.52 (Fire Code) of Title 16
(Buildings and Construction) of the Sunnyvale Municipal Code to adopt by
reference the 2022 California Fire Code with local amendments and related
findings.
1.H 22-1065 Adopt Ordinance No. 3202-22 to amend various Sections of
Title 16 (Buildings and Construction) of the Sunnyvale
Municipal Code to Adopt by Reference the 2022 California
Building, Residential, Mechanical, Plumbing, Electrical,
Building Standards Administrative, Energy, Historical Building,
Existing Building, and Green Building Standards Codes, and
the International Property Maintenance, with Local
Amendments and Related Findings.
Adopt Ordinance No. 3202-22 to amend various sections of Title 16 (Buildings and
Construction) of the Sunnyvale Municipal Code to adopt by reference the 2022
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California Building, Residential, Mechanical, Plumbing, Electrical, Building
Standards Administrative, Energy, Historical Building, Existing Building, and Green
Building Standards Codes, and the International Property Maintenance, with local
amendments and related findings.
ADJOURNMENT TO REGULAR MEETING OF THE SUNNYVALE FINANCING
AUTHORITY
Mayor Klein adjourned the Council meeting to the Sunnyvale Financing Authority
meeting at 7:41 p.m.
7 P.M. (OR SOON THEREAFTER) REGULAR MEETING OF THE SUNNYVALE
FINANCING AUTHORITY
Call to Order
Pursuant to Government Code Subdivision 54953(e), the meeting was conducted
telephonically; pursuant to state law, the Financing Authority made the necessary
findings by adopting Resolution No. 1105-22FA, reaffirmed on October 25, 2022.
Authority Chair Klein called the Sunnyvale Financing Authority meeting to order at
7:41 p.m. via teleconference.
Roll Call
Present: 7 - Authority Chair / Mayor Larry Klein
Authority Vice Chair / Vice Mayor Alysa Cisneros
Authority Member / Councilmember Gustav Larsson
Authority Member / Councilmember Glenn Hendricks
Authority Member / Councilmember Russ Melton
Authority Member / Councilmember Omar Din
Authority Member / Councilmember Anthony (Tony) Spitaleri
Authority Chair / Mayor Klein, Authority Vice Chair / Vice Mayor Cisneros and all
Authority Members / Councilmembers attended via teleconference.
Oral Communications
None.
Consent Calendar
Public Comment opened at 7:43 p.m.
No speakers.
Public Comment closed at 7:43 p.m.
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MOTION: Authority Vice Chair Cisneros moved and Authority Member Melton
seconded the motion to approve agenda items 2.A through 2.B.
The motion carried with the following vote:
Yes: 7 - Authority Chair Klein
Authority Vice Chair Cisneros
Authority Member Larsson
Authority Member Hendricks
Authority Member Melton
Authority Member Din
Authority Member Spitaleri
No: 0
2.A 22-1059 Approve Sunnyvale Financing Authority Meeting Minutes of
October 25, 2022
Approve the Sunnyvale Financing Authority Meeting Minutes of October 25, 2022 as
submitted.
2.B 22-1060 Reconsider and Affirm Resolution No. 1105-22FA; and Make
Findings Pursuant to Government Code Section 54953(e) (AB
361) to Continue Virtual Public Meetings for the Sunnyvale
Financing Authority During the COVID-19 State of Emergency
Affirm Resolution 1105-22FA; and make findings pursuant to Government Code
Section 54953(e) (AB 361) to continue virtual public meetings for the Financing
Authority during the COVID-19 State of Emergency:
1. The Financing Authority Board has found and determined that the state of
emergency conditions related to COVID-19, as set forth in City of Sunnyvale
Resolution No. 1147-22 adopted on September 27, 2022, and incorporated herein
by reference, are on going;
2. The Financing Authority Board finds that there is a need to continue
teleconferencing for public meetings without posting the teleconferencing locations
on the agenda and without requiring the teleconference locations to be accessible
to the public during the current Governor proclaimed COVID-19 state of emergency;
and
3. The Financing Authority Board finds that the state of emergency continues to
directly impact the ability of members of the Financing Authority to meet safely in
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person.
ADJOURN SUNNYVALE FINANCING AUTHORITY MEETING
Authority Chair Klein adjourned the Sunnyvale Financing Authority meeting at 7:44
p.m.
RECONVENE TO CITY COUNCIL MEETING
Mayor Klein reconvened the City Council Meeting at 7:44 p.m.
PUBLIC HEARINGS/GENERAL BUSINESS
3 22-1057 Biennial Review of Priority Needs for Human Services and
Recommendation to City Council
Housing Officer Jenny Carloni provided the staff report and presentation.
Public Hearing opened at 7:47 p.m.
Pilar Furlong, Chief Community Resource Officer, Bill Wilson Center, spoke to the
importance of City funding for the services provided at the Center.
Public Hearing closed at 7:50 p.m.
MOTION: Councilmember Melton moved and Councilmember Din seconded the
motion to approve Alternatives 1 and 3:
1) Approve the list of priority needs as stated in the staff report, excerpted from the
City’s 2020-25 Consolidated Plan submitted to the Department of Housing and
Urban Development; and
3) Approve supplemental funding in the amount of $135,000 for Human Services
Grants for FY 2023/24 and FY 2024/25.
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Cisneros
Councilmember Larsson
Councilmember Hendricks
Councilmember Melton
Councilmember Din
Councilmember Spitaleri
No: 0
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4 22-0975 Award of Contract to Walsh Construction Company II, LLC for
the Water Pollution Control Plant Secondary Treatment and
Thickening/Dewatering Project (PW22-17); Amend an Existing
Contract with Carollo Engineers, Inc. for Engineering Services
During Construction (F23-048); Amend an Existing Contract
with Psomas for Construction Management Services
(F23-049); Authorize the City Manager to Execute a Lease
Agreement with Mobile Modular; and Approve Budget
Modification No. 5 in the Amount of $83,217,755.
Assistant Director of Public Works Jennifer Ng provided the staff report and
presentation.
Public Hearing opened at 8:21 p.m.
No speakers.
Public Hearing closed at 8:21 p.m.
MOTION: Councilmember Melton moved and Councilmember Hendricks seconded
the motion to approve Alternative 1:
A. Authorize the City Manager to take the following actions:
- Award a construction contract in substantially the same form as Attachment 2 to
the report in the amount of 277,872,751 to Walsh Construction Company II, LLC;
- Authorize the City Manager to execute the construction contract when all
necessary conditions have been met;
- Approve a 7% construction contingency in the amount of $19,451,093; and
- Approve a Third Amendment to a Consultant Services Agreement in substantially
the same form as Attachment 3 to the report to increase the contract amount by
$6,778,452, from $20,591,990 to $27,370,442 for Carollo Engineers Inc.;
- Authorize the City Manager to execute the Third Amendment to the Consultant
Services Agreement, when all necessary conditions have been met;
- Approve a 10% contingency for consultant services in the amount of $677,845;
and
- Approve an Amendment to a Consultant Services Agreement in substantially the
same form as Attachment 4 to the report in the amount of $16,650,467 to Psomas;
- Authorize the City Manager to execute an Amendment to a Consultant Services
Agreement, when all necessary conditions have been met;
- Approve a 10% contingency for construction management services in the amount
of $1,665,047; and
- Authorize the City Manager to execute a Lease Agreement with Mobile Modular in
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the amount of $328,726.56; and
- Accept the addendum to the previously certified Program Environmental Impact
Report for the Sunnyvale Water Pollution Control Plant Master Plan (SCH
#2015062037) pursuant to California Environmental Quality Act Guidelines (CEQA)
Section 15164; and
B. Approve Budget Modification No. 56 in the amount of $82,000,000 to provide
additional funding.
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Cisneros
Councilmember Larsson
Councilmember Hendricks
Councilmember Melton
Councilmember Din
Councilmember Spitaleri
No: 0
5 22-1012 Proposed Project: General Plan Amendment Initiation to
consider amending the General Plan designation from
Commercial to Medium Density Residential on a one-acre site.
Location: 665 South Knickerbocker Drive (APN: 198-08-036)
File: 2022-7477
Zoning: C-1/PD (Neighborhood Business with a Planned
Development Combining District)
General Plan: Commercial
Applicant / Owner: Mandevilla LLC
Environmental Review: The project is exempt from the
California Environmental Quality Act (CEQA) pursuant to
CEQA Guidelines Section 15378(a)
Project Planner: Shila Bagley, (408) 730-7418,
sbagley@sunnyvale.ca.gov
Associate Planner Shila Bagley provided the staff report and presentation.
Public Hearing opened at 9:18 p.m.
Melanie Griswold, Land Use Consultant and Steve Saray, Owner, Madevilla LLC
provided the applicant presentation and response to council.
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Public Hearing closed at 9:43 p.m.
MOTION: Councilmember Melton moved and Councilmember Din seconded the
motion to approve Alternatives 2 and 5:
2) Initiate a General Plan Amendment Study to analyze amending the General Plan
designation from Commercial to High Density Residential at an expanded area
including the Applicant’s property at 665 South Knickerbocker Drive and adjacent
properties at 695 South Knickerbocker Drive and 740 South Bernardo Avenue and
find that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines Section 15378(a);
5) Do not commence the General Plan Amendment Study until at the earliest, after
the update to the Moffett Park Specific Plan is completed, unless the City Manager
determines sufficient resources are available to commence the General Plan
Amendment Study earlier.
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Cisneros
Councilmember Larsson
Councilmember Hendricks
Councilmember Melton
Councilmember Din
Councilmember Spitaleri
No: 0
6 22-1011 Peery Park Specific Plan Amendment Initiation Requests
Two applications in the Peery Park Specific Plan (PPSP) area
with requests to increase the allowable office/industrial square
footage and to study housing on one of the housing
opportunity sites (HOS) (not currently permitted in the plan).
File: 2020-7814
Location: 400-840 W. California Avenue (APNs: 165-26-009-
020)
Proposed Project: Peery Park Specific Plan Amendment
Initiation
Request to initiate a study to consider 1,027 housing units on
the western 13.1 acres and a net increase of 487,000 square
feet of office/industrial on the remaining 16.2 acres of the
property.
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Applicant / Owner: Skidmore, Owings, & Merrill LLP (applicant)
/ Steelwave LLC (owner)
File: 2021-7022
Location: 505 & 525 Almanor Avenue (APNs 165-44-001-
003)
Proposed Project: Peery Park Specific Plan Amendment
Initiation
Request to initiate a study to allow a new 135,000 square foot
office building and parking structure.
Applicant / Owner: RMW Architecture & Interiors (applicant) /
Invesco Advisors, Inc (owner)
Zoning (both sites): PPSP - Innovation Edge (PPSP-IE)
Environmental Review: The decision to initiate a Specific Plan
Amendment (SPA) study does not require an environmental
review under the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines Section 15378(a).
Project Planner: Amber Blizinski, ablizinski@sunnyvale.ca.gov,
(408) 730-2723
Principal Planner Amber Blizinski provided the staff report and presentation.
Public Hearing opened at 10:36 p.m.
Russ Nichols, Architect, RMW Architecture & Interiors provided the applicant
presentation for 505 and 525 Almanor Avenue.
Steve Dunn, Senior Managing Director, Steelwave and Mark Schwettmann,
Architect, Skidmore, Owings, & Merrill LLP, provided the applicant presentation for
840 W. California Avenue.
Bryce Beagle spoke to maximizing the number of housing units within the proposed
projects.
Sean Reese, Field Representative, Carpenters Union, Local 405, spoke in support
of hiring union workers to build these proposed projects.
Keith Sylva, Sheet Metal Workers, Local 104, communicated benefits for hiring
union workers for these projects.
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Erica Valentine, UA Local Union 393, shared their experience in attempting to
communicate with the project applicants of these proposed work sites.
Steve Dunn, Senior Managing Director, Steelwave provided the applicant response
to Council for 840 W. California Avenue.
Public Hearing closed at 11:00 p.m.
MOTION: Councilmember Melton moved and Councilmember Hendricks seconded
the motion to approve Alternatives 1, 2, 3, 4, 5, and 6: Allow the Specific Plan
Amendment (SPA) in the Peery Park Specific Plan (PPSP) to study an increase to
the development capacity for the plan area and allow residential units in the
Housing Opportunity Sites (HOS), as noted in the Alternatives, along with the
required associated environmental studies:
1. 840 W. California Avenue:
a) Initiate a Specific Plan Amendment study to consider increasing the PPSP
development capacity to allow up to 120% FAR of office/industrial square feet
(222,672 net new square feet) and up to 743 housing units at a density no higher
than R-4;
b) Consider the relocation of the Libby Water Tower through historic analysis and
approvals by the Heritage Preservation Commission and City Council;
c) Create development standards in conjunction with the proposed land use
changes;
d) Update the PPSP Community Benefits Program;
e) Coordinate special studies such as traffic analysis, market and fiscal analyses,
environmental, infrastructure and utility capacity and conditions, water supply
assessment, historic evaluation, parking, etc.;
2. 505 and 525 Almanor Avenue:
a) Initiate a Specific Plan Amendment study to consider increasing the PPSP
development capacity to allow up to 100% FAR of office/industrial square feet
(136,774 net new square feet);
b) Evaluate development standards in conjunction with the proposed land use
changes;
c) Update the PPSP Community Benefits Program;
d) Coordinate special studies such as traffic analysis, market and fiscal analyses,
environmental, infrastructure and utility capacity and conditions, water supply
assessment, parking, etc.;
3. Hermosa Court HOS: Initiate a Specific Plan Amendment study to consider mixed
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use on the site by increasing the PPSP development capacity to allow up to 100%
FAR of office/industrial square feet (389,310 net new square feet) and up to 605
units in conjunction with the GPI requests and inclusive of all necessary studies
mentioned in Alternatives 1 and 2;
4. Increased Development Capacity Study: Initiate a Specific Plan Amendment to
study a total of 1.2 million net new square feet of office/industrial square feet
(inclusive of the above requests) in conjunction with the GPI requests and inclusive
of all necessary studies mentioned in Alternatives 1 and 2;
5. Commence the Peery Park Specific Plan Amendment Study after the update to
the Moffett Park Specific Plan is completed; and
6. Approve the GPI Alternatives 1-5 with modifications which may include studying
additional housing and office FAR in accordance with the requests made by the 840
W. California Avenue applicant (1,027 housing units at 79 du/acre and up to 157%
office FAR).
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Cisneros
Councilmember Larsson
Councilmember Hendricks
Councilmember Melton
Councilmember Din
Councilmember Spitaleri
No: 0
7 22-0991 Introduce an Ordinance to Amend, Approve, and Adopt a
Revised Public Safety Military Equipment Use Policy Pursuant
to California Assembly Bill No. 481, to Increase the Authorized
Quantity of Unmanned Aerial Systems, Commonly Referred to
as Drones, from Two to Three Devices
Chief of Public Safety Phan Ngo and Public Safety Lieutenant David Chong
provided the staff report.
Public Hearing opened at 11:20 p.m.
No speakers.
Public Hearing closed at 11:20 p.m.
MOTION: Councilmember Hendricks moved and Councilmember Melton seconded
the motion to approve Alternative 1: Introduce an Ordinance to amend, approve, and
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adopt a revised Public Safety Military Equipment Use Policy pursuant to California
Assembly Bill No. 481, to increase the authorized quantity of Unmanned Aerial
Systems, commonly referred to as drones, from two to three devices.
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Cisneros
Councilmember Larsson
Councilmember Hendricks
Councilmember Melton
Councilmember Din
Councilmember Spitaleri
No: 0
COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
None.
NON-AGENDA ITEMS & COMMENTS
-Council
Councilmember Spitaleri reported details of the pet parade. He spoke to the
ongoing focus on bicycle and pedestrian safety in Sunnyvale.
Mayor Klein communicated various City initiatives that address bicycle and
pedestrian safety.
-City Manager
None.
INFORMATION ONLY REPORTS/ITEMS
22-0997 Tentative Council Meeting Agenda Calendar
22-1007 Board/Commission Meeting Minutes
22-1008 Information/Action Items
22-1039 Mayoral Announcement of Mayor-Appointed Ad Hoc Advisory
Committee on City Manager Compensation (Information Only)
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ADJOURNMENT
Mayor Klein adjourned the meeting at 11:26 p.m.
City of Sunnyvale Page 17
Agenda
City of Sunnyvale
Notice and Agenda - Revised
City Council
Tuesday, November 1, 2022 5:00 PM Telepresence Meeting: City Web Stream |
Comcast Channel 15 | AT&T Channel 99
Special Meeting: Closed Session - 5 PM | Special Meeting: Study Session - 6 PM |
Regular Meeting - 7 PM | Regular Meeting: Sunnyvale Financing Authority - 7 PM (or
soon thereafter)
Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/96111580540
Special Teleconference Notice
Because of the COVID-19 emergency and the “shelter in place” orders issued by
Santa Clara County and the State of California, this meeting of the Sunnyvale City
Council will take place by teleconference, as allowed by Government Code
Subdivision 54953(e) and Resolution No. 1089-21 (reaffirmed October 25, 2022)
Public Participation
• Teleconference participation: You may provide audio public comment by
connecting to the teleconference meeting online or by telephone. Use the Raise
Hand feature to request to speak (*9 on a telephone):
Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/96111580540
Meeting call-in telephone number: 833-548-0276 | Meeting ID: 961 1158 0540
(*9 to request to speak | *6 to unmute/mute)
• Watch the City Council meeting at http://youtube.com/SunnyvaleMeetings or on
television over Comcast Channel 15, AT&T Channel 99
• Submit written comments to the City Council no later than 4 hours prior to the
meeting start to council@sunnyvale.ca.gov or by mail to:
City Clerk, 603 All America Way, Sunnyvale, CA 94086
• Review recordings of this meeting and past meetings at
https://sunnyvaleca.legistar.com/calendar.aspx or
http://youtube.com/SunnyvaleMeetings
City of Sunnyvale Page 1 Printed on 10/28/2022
City Council Notice and Agenda - Revised November 1, 2022
Accessibility/Americans with Disabilities Act (ADA) Notice
Pursuant to the Americans with Disabilities Act (ADA), if you need special
assistance to provide public comment, or for other special assistance; please
contact the City at least 48 hours prior to the meeting to enable the City to make
reasonable arrangements to ensure accessibility to this meeting. The Office of the
City Clerk may be reached at 408-730-7483 or cityclerk@sunnyvale.ca.gov (28
CFR 35.160 (b) (1)).
5 P.M. SPECIAL COUNCIL MEETING (Closed Session)
Call to Order
Call to Order via teleconference.
Roll Call
Public Comment
The public may provide comments regarding the Closed Session item(s). If you
wish to address the Council, please refer to the notice at the beginning of this
agenda. Closed Sessions are not open to the public.
Convene to Closed Session
A 22-0853 Closed Session held pursuant to California Government Code
Section 54957:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager and City Attorney
Adjourn Special Meeting
6 P.M. SPECIAL COUNCIL MEETING (Study Session)
Call to Order
Call to Order via teleconference.
Roll Call
Study Session
The public may provide comments regarding the Study Session item(s). If you
wish to address the Council, please refer to the notice at the beginning of this
City of Sunnyvale Page 2 Printed on 10/28/2022
City Council Notice and Agenda - Revised November 1, 2022
agenda.
B 22-0009 Sunnyvale Clean Water Program Update
Adjourn Special Meeting
7 P.M. COUNCIL MEETING
Pursuant to Council Policy, City Council will not begin consideration of any
agenda item after 11:30 p.m. without a vote. Any item on the agenda which must
be continued due to the late hour shall be continued to a date certain. Information
provided herein is subject to change from date of printing of the agenda to the date
of the meeting.
CALL TO ORDER
Call to Order via teleconference.
ROLL CALL
CLOSED SESSION REPORT
SPECIAL ORDER OF THE DAY
C 22-0972 Small Business Saturday
D 22-0971 Picture Book Month
PRESENTATION
E 22-1068 Update from Bay Area Water Supply and Conservation Agency
(BAWSCA) by BAWSCA Chief Executive Officer and General
Manager Nicole Sandkulla
ORAL COMMUNICATIONS
This category provides an opportunity for members of the public to address the
City Council on items not listed on the agenda and is limited to 15 minutes (may
be extended or continued after the public hearings/general business section of the
agenda at the discretion of the Mayor) with a maximum of up to three minutes per
speaker. Please note the Brown Act (Open Meeting Law) does not allow the
Council to take action on an item not listed on the agenda. If you wish to address
the Council, please refer to the notice at the beginning of this agenda. Individuals
are limited to one appearance during this section.
City of Sunnyvale Page 3 Printed on 10/28/2022
City Council Notice and Agenda - Revised November 1, 2022
CONSENT CALENDAR
All matters listed on the consent calendar are considered to be routine and will be
acted upon by one motion. There will be no separate discussion of these items. If
a member of the public would like a consent calendar item pulled and discussed
separately, please refer to the notice at the beginning of this agenda.
1.A 22-0682 Approve City Council Meeting Minutes of October 25, 2022
Recommendation: Approve the City Council Meeting Minutes of October 25, 2022
as submitted.
1.B 22-0190 Approve the List(s) of Claims and Bills Approved for Payment
by the City Manager
Recommendation: Approve the list(s) of claims and bills.
1.C 22-0739 Receive and File the FY 2022/23 First Quarter Budget Update
Recommendation: Receive and file the FY 2022/23 First Quarter Budget Update.
1.D 22-0730 Award of Contract to Bear Electrical Solutions, Inc. for
Advance Dilemma Zone Detection Phase II and Finding of
California Environmental Quality Act (CEQA) Categorical
Exemption (PW23-06)
Recommendation: - Award a contract in substantially the same form as
Attachment 2 to the report in the amount of $1,038,000 to Bear
Electrical Solutions, Inc. of Alviso, CA;
- Make a finding of categorical exemption from the California
Environmental Quality Act (CEQA) pursuant to CEQA
Guidelines Section 15301(c);
- Authorize the City Manager to execute the contract when all
necessary conditions have been met; and
- Approve a 5% contingency in the amount of $51,900
1.E 22-0993 Adopt a Resolution Extending the City’s Declaration of Local
Emergency for COVID-19
Recommendation: Adopt a Resolution Extending the City Manager/Director of
Emergency Services' Proclamation of Existence of a Local
Emergency (COVID-19).
1.F 22-1058 Reconsider and Affirm Resolution No. 1089-21; and Make
Findings Pursuant to Government Code Section 54953(e) (AB
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City Council Notice and Agenda - Revised November 1, 2022
361) to Continue Virtual Public Meetings for the City Council
and Boards, Commissions and Council Subcommittees During
the COVID-19 State of Emergency
Recommendation: Affirm Resolution 1089-21; and make findings pursuant to
Government Code Section 54953(e) (AB 361) to continue
virtual public meetings for the City Council and Boards,
Commissions and Council Subcommittees during the
COVID-19 State of Emergency:
1. The City Council hereby finds that the state of emergency
conditions related to COVID-19, as set forth in Resolution No.
1147-22 adopted on September 27, 2022 and incorporated
herein by reference, are on-going;
2. The City Council finds that there is a need to continue
teleconferencing for public meetings without posting the
teleconferencing locations on the agenda and without
requiring the teleconference locations to be accessible to the
public during the current Governor-proclaimed COVID-19 state
of emergency; and
3. The City Council finds that the state of emergency
continues to directly impact the ability of members of the City
Council, Council Standing Committees, and City Boards and
Commissions to meet safely in person.
1.G 22-1061 Adopt Ordinance No. 3201-22 to amend Chapter 16.52 (Fire
Code) of Title 16 (Buildings and Construction) of the
Sunnyvale Municipal Code to Adopt by Reference The 2022
California Fire Code with Local Amendments and Related
Findings.
Recommendation: Adopt Ordinance No. 3201-22 to amend Chapter 16.52 (Fire
Code) of Title 16 (Buildings and Construction) of the
Sunnyvale Municipal Code to Adopt by Reference The 2021
California Fire Code with Local Amendments and Related
Findings.
1.H 22-1065 Adopt Ordinance No. 3202-22 to amend various Sections of
Title 16 (Buildings and Construction) of the Sunnyvale
Municipal Code to Adopt by Reference the 2022 California
Building, Residential, Mechanical, Plumbing, Electrical,
Building Standards Administrative, Energy, Historical Building,
Existing Building, and Green Building Standards Codes, and
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City Council Notice and Agenda - Revised November 1, 2022
the International Property Maintenance, with Local
Amendments and Related Findings.
Recommendation: Adopt Ordinance No. 3202-22 to amend various Sections of
Title 16 (Buildings and Construction) of the Sunnyvale
Municipal Code to Adopt by Reference the 2022 California
Building, Residential, Mechanical, Plumbing, Electrical,
Building Standards Administrative, Energy, Historical Building,
Existing Building, and Green Building Standards Codes, and
the International Property Maintenance, with Local
Amendments and Related Findings.
ADJOURNMENT TO REGULAR MEETING OF THE SUNNYVALE FINANCING
AUTHORITY
7 P.M. (OR SOON THEREAFTER) REGULAR MEETING OF THE SUNNYVALE
FINANCING AUTHORITY
Special Teleconference Notice
Because of the COVID-19 emergency and the “shelter in place” orders issued by
Santa Clara County and the State of California, this meeting of the Sunnyvale
Financing Authority will take place by teleconference, as allowed by Government
Code Subdivision 54953(e) and Resolution No. 1105-22FA (reaffirmed October 25,
2022).
Call to Order
Call to Order via teleconference.
Roll Call
Oral Communications
This category provides an opportunity for members of the public to address the
Financing Authority Board on items not listed on the agenda and is limited to 15
minutes (may be extended or continued at the discretion of the Board Chair) with a
maximum of up to three minutes per speaker. Please note the Brown Act (Open
Meeting Law) does not allow the Board to take action on an item not listed on the
agenda. If you wish to address the Board, please refer to the notice at the
beginning of this agenda. Individuals are limited to one appearance during this
section.
City of Sunnyvale Page 6 Printed on 10/28/2022
City Council Notice and Agenda - Revised November 1, 2022
Consent Calendar
All matters listed on the consent calendar are considered to be routine and will be
acted upon by one motion. There will be no separate discussion of these items. If
a member of the public would like a consent calendar item pulled and discussed
separately, please refer to the notice at the beginning of this agenda.
2.A 22-1059 Approve Sunnyvale Financing Authority Meeting Minutes of
October 25, 2022
Recommendation: Approve the Sunnyvale Financing Authority Meeting Minutes
of October 25, 2022 as submitted.
2.B 22-1060 Reconsider and Affirm Resolution No. 1105-22FA; and Make
Findings Pursuant to Government Code Section 54953(e) (AB
361) to Continue Virtual Public Meetings for the Sunnyvale
Financing Authority During the COVID-19 State of Emergency
Recommendation: Affirm Resolution 1105-22FA; and make findings pursuant to
Government Code Section 54953(e) (AB 361) to continue
virtual public meetings for the Financing Authority during the
COVID-19 State of Emergency:
1. The Financing Authority Board has found and determined
that the state of emergency conditions related to COVID-19, as
set forth in City of Sunnyvale Resolution No. 1147-22 adopted
on September 27, 2022, and incorporated herein by reference,
are on-going;
2. The Financing Authority Board finds that there is a need to
continue teleconferencing for public meetings without posting
the teleconferencing locations on the agenda and without
requiring the teleconference locations to be accessible to the
public during the current Governor-proclaimed COVID-19 state
of emergency; and
3. The Financing Authority Board finds that the state of
emergency continues to directly impact the ability of members
of the Financing Authority to meet safely in person.
ADJOURN SUNNYVALE FINANCING AUTHORITY MEETING
RECONVENE TO CITY COUNCIL MEETING
PUBLIC HEARINGS/GENERAL BUSINESS
City of Sunnyvale Page 7 Printed on 10/28/2022
City Council Notice and Agenda - Revised November 1, 2022
If you wish to speak to a public hearing/general business item, please refer to
notice at the beginning of this agenda. Each speaker is limited to a maximum of
three minutes. For land-use items, applicants are limited to a maximum of 10
minutes for opening comments and 5 minutes for closing comments.
3 22-1057 Biennial Review of Priority Needs for Human Services and
Recommendation to City Council
Recommendation: Alternatives 1 and 3: 1) Approve the list of priority needs as
stated in the staff report, excerpted from the City's 2020-2025
Consolidated Plan submitted to the Department of Housing
and Urban Development; and, 5) Approve supplemental
funding in the amount of $135,000 for human services grants
for FY 2023/24 and FY 2024/25..
4 22-0975 Award of Contract to Walsh Construction Company II, LLC for
the Water Pollution Control Plant Secondary Treatment and
Thickening/Dewatering Project (PW22-17); Amend an Existing
Contract with Carollo Engineers, Inc. for Engineering Services
During Construction (F23-048); Amend an Existing Contract
with Psomas for Construction Management Services
(F23-049); Authorize the City Manager to Execute a Lease
Agreement with Mobile Modular; and Approve Budget
Modification No. 5 in the Amount of $83,217,755.
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City Council Notice and Agenda - Revised November 1, 2022
Recommendation: Alternative 1:
A. Authorize the City Manager to take the following actions:
- Award a construction contract in substantially the same form
as Attachment 2 to the report in the amount of $277,872,751 to
Walsh Construction Company II, LLC;
- Authorize the City Manager to execute the construction
contract when all necessary conditions have been met;
- Approve a 7% construction contingency in the amount of
$19,451,093;
- Approve a Third Amendment to a Consultant Services
Agreement in substantially the same form as Attachment 3 to
the report to increase the contract amount by $6,889,452.03,
from $19,598,797.78 to $26,528,249.81 for Carollo Engineers
Inc.;
- Authorize the City Manager to execute the Third Amendment
to the Consultant Services Agreement with Carollo Engineers
Inc., when all necessary conditions have been met;
- Approve a 10% contingency for consultant services with
Carollo Engineers Inc. in the amount of $688,945;
- Approve an Amendment to a Consultant Services Agreement
in substantially the same form as Attachment 4 to the report in
the amount of $16,650,467 to Psomas;
- Authorize the City Manager to execute an Amendment to a
Consultant Services Agreement with Psomas, when all
necessary conditions have been met;
- Approve a 10% contingency for consultant services with
Psomas in the amount of $1,665,047;
- Authorize the City Manager to execute a Lease Agreement
with Mobile Modular in the amount of $328,726.56;
- Accept the addendum to the previously certified Program
Environmental Impact Report for the Sunnyvale Water
Pollution Control Plant Master Plan (SCH #2015062037)
pursuant to California Environmental Quality Act Guidelines
(CEQA) Section 15164; and
B. Approve Budget Modification No. 5 in the amount of
$83,217,755to provide additional funding.
5 22-1012 Proposed Project: General Plan Amendment Initiation to
consider amending the General Plan designation from
Commercial to Medium Density Residential on a one-acre site.
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City Council Notice and Agenda - Revised November 1, 2022
Location: 665 South Knickerbocker Drive (APN: 198-08-036)
File: 2022-7477
Zoning: C-1/PD (Neighborhood Business with a Planned
Development Combining District)
General Plan: Commercial
Applicant / Owner: Mandevilla LLC
Environmental Review: The project is exempt from the
California Environmental Quality Act (CEQA) pursuant to
CEQA Guidelines Section 15378(a)
Project Planner: Shila Bagley, (408) 730-7418,
sbagley@sunnyvale.ca.gov
Recommendation: Alternatives 2 and 5: 2) Initiate a General Plan Amendment
Study to analyze amending the General Plan designation from
Commercial to High Density Residential at an expanded area
including the Applicant's property at 665 South Knickerbocker
Drive and adjacent properties at 695 South Knickerbocker
Drive and 745 South Bernardo Avenue and find that the Action
is Exempt from CEQA Pursuant to CEQA Guidelines Section
15378(a); 5) Commence the General Plan Amendment study
after the update to the Moffett Park Specific Plan is completed.
6 22-1011 Peery Park Specific Plan Amendment Initiation Requests
Two applications in the Peery Park Specific Plan (PPSP) area
with requests to increase the allowable office/industrial square
footage and to study housing on one of the housing
opportunity sites (HOS) (not currently permitted in the plan).
File: 2020-7814
Location: 400-840 W. California Avenue (APNs: 165-26-009-
020)
Proposed Project: Peery Park Specific Plan Amendment
Initiation
Request to initiate a study to consider 1,027 housing units on
the western 13.1 acres and a net increase of 487,000 square
feet of office/industrial on the remaining 16.2 acres of the
property.
Applicant / Owner: Skidmore, Owings, & Merrill LLP (applicant)
/ Steelwave LLC (owner)
File: 2021-7022
Location: 505 & 525 Almanor Avenue (APNs 165-44-001-
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City Council Notice and Agenda - Revised November 1, 2022
003)
Proposed Project: Peery Park Specific Plan Amendment
Initiation
Request to initiate a study to allow a new 135,000 square foot
office building and parking structure.
Applicant / Owner: RMW Architecture & Interiors (applicant) /
Invesco Advisors, Inc (owner)
Zoning (both sites): PPSP - Innovation Edge (PPSP-IE)
Environmental Review: The decision to initiate a Specific Plan
Amendment (SPA) study does not require an environmental
review under the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines Section 15378(a).
Project Planner: Amber Blizinski, ablizinski@sunnyvale.ca.gov,
(408) 730-2723
Recommendation: Alternatives 1, 2, 3, 4, and 5: Allow the SPA in the PPSP to
study an increase to the development capacity for the plan
area and allow residential units in the HOS, as noted in the
Alternatives, along with the required associated environmental
studies.
7 22-0991 Introduce an Ordinance to Amend, Approve, and Adopt a
Revised Public Safety Military Equipment Use Policy Pursuant
to California Assembly Bill No. 481, to Increase the Authorized
Quantity of Unmanned Aerial Systems, Commonly Referred to
as Drones, from Two to Three Devices
Recommendation: Alternative 1: Introduce an Ordinance to Amend, Approve, and
Adopt a Revised Public Safety Military Equipment Use Policy
Pursuant to California Assembly Bill No. 481, to Increase the
Authorized Quantity of Unmanned Aerial Systems, commonly
referred to as Drones, from Two to Three Devices.
COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
NON-AGENDA ITEMS & COMMENTS
-Council
-City Manager
City of Sunnyvale Page 11 Printed on 10/28/2022
City Council Notice and Agenda - Revised November 1, 2022
INFORMATION ONLY REPORTS/ITEMS
Visit http://Sunnyvale.ca.gov/TCMAC to view the Tentative Council Meeting
Agenda Calendar (TCMAC) online. The TCMAC is updated each Thursday
afternoon.
22-0997 Tentative Council Meeting Agenda Calendar
22-1007 Board/Commission Meeting Minutes
22-1008 Information/Action Items
22-1039 Mayoral Announcement of Mayor-Appointed Ad Hoc Advisory
Committee on City Manager Compensation (Information Only)
ADJOURNMENT
NOTICE TO THE PUBLIC
The agenda reports to council (RTCs) may be viewed on the City’s website at
sunnyvale.ca.gov after 7 p.m. on Thursdays or in the Office of the City Clerk
located at 603 All America Way, prior to Tuesday City Council meetings. Any
agenda related writings or documents distributed to members of the City of
Sunnyvale City Council regarding any open session item on this agenda will be
made available for public inspection in the Office of the City Clerk located at 603
All America Way, during normal business hours and in the Council Chambers on
the evening of the Council Meeting, pursuant to Government Code §54957.5.
Please contact the Office of the City Clerk at 408-730-7483 to access City Hall to
view these materials and for specific questions regarding the agenda.
PLEASE TAKE NOTICE that if you file a lawsuit challenging any final decision on
any public hearing item listed in this agenda, the issues in the lawsuit may be
limited to the issues which were raised at the public hearing or presented in
writing to the Office of the City Clerk at or before the public hearing.
PLEASE TAKE FURTHER NOTICE that Code of Civil Procedure section 1094.6
imposes a 90-day deadline for the filing of any lawsuit challenging final action on
an agenda item which is subject to Code of Civil Procedure 1094.5.
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To help you prepare and deliver your public comments, please review the "Making
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City Council Notice and Agenda - Revised November 1, 2022
Public Comments During City Council or Planning Commission Meetings"
available at http://Sunnyvale.ca.gov/PublicComments
Planning to provide materials to Council?
If you wish to provide the City Council with copies of your presentation materials,
please provide 12 copies of the materials to the Office of the City Clerk. The City
Clerk will distribute your items to the Council.
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