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City Council

Regular Meeting

Sunnyvale, CA · November 1, 2022

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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 City of Sunnyvale Page 1 City Council Meeting Minutes November 1, 2022 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 City of Sunnyvale Page 2 City Council Meeting Minutes November 1, 2022 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 City of Sunnyvale Page 3 City Council Meeting Minutes November 1, 2022 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: City of Sunnyvale Page 4 City Council Meeting Minutes November 1, 2022 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 City of Sunnyvale Page 5 City Council Meeting Minutes November 1, 2022 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 City of Sunnyvale Page 6 City Council Meeting Minutes November 1, 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 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. City of Sunnyvale Page 7 City Council Meeting Minutes November 1, 2022 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 City of Sunnyvale Page 8 City Council Meeting Minutes November 1, 2022 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 City of Sunnyvale Page 9 City Council Meeting Minutes November 1, 2022 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 City of Sunnyvale Page 10 City Council Meeting Minutes November 1, 2022 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. City of Sunnyvale Page 11 City Council Meeting Minutes November 1, 2022 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. City of Sunnyvale Page 12 City Council Meeting Minutes November 1, 2022 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. City of Sunnyvale Page 13 City Council Meeting Minutes November 1, 2022 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 City of Sunnyvale Page 14 City Council Meeting Minutes November 1, 2022 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 City of Sunnyvale Page 15 City Council Meeting Minutes November 1, 2022 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) City of Sunnyvale Page 16 City Council Meeting Minutes November 1, 2022 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 City of Sunnyvale Page 4 Printed on 10/28/2022 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 City of Sunnyvale Page 5 Printed on 10/28/2022 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. City of Sunnyvale Page 8 Printed on 10/28/2022 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. City of Sunnyvale Page 9 Printed on 10/28/2022 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- City of Sunnyvale Page 10 Printed on 10/28/2022 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. Planning a presentation for a City Council meeting? To help you prepare and deliver your public comments, please review the "Making City of Sunnyvale Page 12 Printed on 10/28/2022 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. Upcoming Meetings Visit https://sunnyvaleca.legistar.com for upcoming Council, board and commission meeting information. City of Sunnyvale Page 13 Printed on 10/28/2022

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