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City Council

Regular Meeting

Sunnyvale, CA · December 13, 2022

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Minutes

City of Sunnyvale Meeting Minutes City Council Tuesday, December 13, 2022 6:00 PM Virtual and Council Chambers, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Closed Session - 6 PM | Regular Meeting - 7 PM | Special Meeting of Successor Agency to the Redevelopment Agency - 7 PM | Joint Meeting with Sunnyvale Financing Authority - 7 PM 6 P.M. SPECIAL COUNCIL MEETING (Closed Session) Call to Order Pursuant to Government Code Subdivision 54953(e), Councilmembers had the opportunity to participate in the meeting telephonically; pursuant to state law, the City Council made the necessary findings by adopting Resolution No. 1089-21, reaffirmed on November 29, 2022. Vice Mayor Cisneros called the meeting to order at 6:02 p.m. in the Council Chambers. 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 Public Comment Public Comment opened at 6:04 p.m. No speakers. Public Comment closed at 6:04 p.m. Convene to Closed Session City Council convened to closed session at 6:04 p.m. in the West Conference Room. A 22-1113 Closed Session Held Pursuant to Paragraph (1) of Subdivision City of Sunnyvale Page 1 City Council Meeting Minutes December 13, 2022 (d) of California Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Name of Case: People of the State of California ex. rel. City of Sunnyvale v. Ke Zhou, et. al., Santa Clara County, et. al., Santa Clara County Superior Court, Case No. 22CV40374 B 22-0828 Closed Session held pursuant to California Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: San Francisco Baykeeper v. City of Sunnyvale, U.S. Dist. Of California, Case No.: 5:20-CV-00824-EJD Adjourn Special Meeting Vice Mayor Cisneros adjourned the meeting at 7:18 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Pursuant to Government Code Subdivision 54953(e), Councilmembers had the opportunity to participate in the meeting telephonically; pursuant to state law, the City Council made the necessary findings by adopting Resolution No. 1089-21, reaffirmed on November 29, 2022. Mayor Klein called the meeting to order at 7:20 p.m. in the Council Chambers. SALUTE TO THE FLAG Mayor Klein led the salute to the United States flag. 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 CLOSED SESSION REPORT City of Sunnyvale Page 2 City Council Meeting Minutes December 13, 2022 Vice Mayor Cisneros reported that Council met in Closed Session Held Pursuant to Paragraph (1) of Subdivision (d) of California Government Code Section 54956.9: Conference with Legal Counsel Existing Litigation Name of Case: People of the State of California ex. rel. City of Sunnyvale v. Ke Zhou, et. al., Santa Clara County, et. al., Santa Clara County Superior Court, Case No. 22CV40374; nothing to report. Vice Mayor Cisneros reported that Council met in Closed Session held pursuant to California Government Code Section 54956.9: Conference with Legal Counsel-Existing Litigation (Paragraph (1) of Subdivision (d) of Section 54956.9) Name of case: San Francisco Bay Keeper v. City of Sunnyvale, U.S. Dist. of California, Case No.: 5:20-CV-00824-EJD; nothing to report. ORAL COMMUNICATIONS No speakers. CONSENT CALENDAR Public Comment opened at 7:25 p.m. No speakers. Public Comment closed at 7:25p.m. MOTION: Vice Mayor Cisneros moved and Councilmember Din seconded the motion to approve agenda items 1.A through 1.I. Councilmember Hendricks registered a no vote on agenda item 1.I. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 1.A 22-0193 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Approve the list(s) of claims and bills. City of Sunnyvale Page 3 City Council Meeting Minutes December 13, 2022 1.B 22-1094 Receive and File the FY 2021/22 Annual Status Report on Receipt and Use of Development Impact Fees and Adopt a Resolution Approving Findings Regarding Unspent Impact Fees and Find that the Action is Exempt from the California Environmental Quality Act (CEQA) Pursuant to Section 15378(b)(4) of the CEQA Guidelines Receive and file FY 2021/22 Annual Status Report on receipt and use of development impact fees; Adopt a Resolution making findings regarding unspent impact fees as required by the Mitigation Fee Act (California Government Code Section 66000 et seq.); and Find that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(4) of the CEQA Guidelines. 1.C 22-1014 Reject All Bids Received for the Playground Equipment Replacement 2022 Project (PW23-08) Reject all bids received in response to Invitation for Bids PW23-08 Playground Equipment Replacement 2022 Project. 1.D 22-1082 Reject the Sole Bid Received for Asphaltic Materials and Pavement Reinforcement Fabric (F23-024) Reject the sole bid received from Granite Construction, Inc. in response to Invitation for Bids F23-024 for Asphaltic Materials and Pavement Reinforcement Fabric. 1.E 22-1069 Award of Contract to Redgwick Construction Co. in the amount of $2,777,172.20 for Active Transportation Program - Safe Routes to School, Find that this Action is Exempt under the California Environmental Quality Act (CEQA) Under Section 15301(c) of the CEQA Guidelines, and Approval of Budget Modification No.9 in the Amount of $1,207,428 (PW23-05) Take the following actions: - Award a contract in substantially the same form as Attachment 2 to the report in the amount of $2,777,172 to Redgwick Construction Co.; - Approve a 10% construction contingency in the amount of $277,717; - Authorize the City Manager to execute the contract when all necessary conditions have been met; - Make a finding of a categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c); and - Approve Budget Modification No. 9 in the amount of $1,207,428. City of Sunnyvale Page 4 City Council Meeting Minutes December 13, 2022 1.F 22-1118 Appoint Christine Berdiansky to the NOVA Workforce Board Appoint Christine Berdiansky to the NOVA Workforce Board. 1.G 22-1137 Reconsider and Affirm Resolution No. 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 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. 1154-22 adopted on November 1, 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.H 22-1140 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 (COVID-19). 1.I 22-1147 Adopt Ordinance No. 3204-22 to add Section 9.44.070 (Possession of Firearms on City Property), Section 9.44.080 (Carrying Concealed Firearms in Sensitive Places) and Section 9.44.090 (Severability) of Chapter 9.44 (Firearms) of Title 9 (Public Peace, Safety or Welfare) of the Sunnyvale Municipal Code Adopt Ordinance No. 3204-22 to add Section 9.44.070 (Possession of Firearms on City Property), Section 9.44.080 (Carrying Concealed Firearms in Sensitive Places) and Section 9.44.090 (Severability) of Chapter 9.44 (Firearms) of Title 9 (Public Peace, Safety or Welfare) of the Sunnyvale Municipal Code. City of Sunnyvale Page 5 City Council Meeting Minutes December 13, 2022 The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Melton Councilmember Din Councilmember Spitaleri No: 1 - Councilmember Hendricks ADJOURNMENT TO SPECIAL MEETING OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY Mayor Klein adjourned the Council meeting to the special meeting of the Successor Agency to the Redevelopment Agency at 7:27 p.m. 7 P.M. (OR SOON THEREAFTER) SPECIAL MEETING OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY Call to Order Agency Chair Klein called the meeting to order at 7:27 p.m. Roll Call Present: 7 - Agency Chair Larry Klein Agency Vice Chair Alysa Cisneros Agency Member Gustav Larsson Agency Member Glenn Hendricks Agency Member Russ Melton Agency Member Omar Din Agency Member Anthony (Tony) Spitaleri Oral Communications No speakers. Consent Calendar Public Comment opened at 7:29 p.m. No speakers. Public Comment closed at 7:29 p.m. MOTION: Agency Vice Chair Cisneros moved and Agency Member Larsson seconded the motion to approve agenda item 2.A. City of Sunnyvale Page 6 City Council Meeting Minutes December 13, 2022 The motion carried with the following vote: Yes: 7 - Agency Chair Klein Agency Vice Chair Cisneros Agency Member Larsson Agency Member Hendricks Agency Member Melton Agency Member Din Agency Member Spitaleri No: 0 2.A 22-1123 Approve the Fourth Amendment to Outside Counsel Services Agreement Between the Successor Agency to the Redevelopment Agency of the City of Sunnyvale and Goldfarb & Lipman and Approve Budget Modification No. 5 in the Amount of $100,000 Authorize the Agency Counsel to execute a Fourth Amendment, in substantially the same form as Attachment 1 to the report, to the Outside Counsel Agreement with the law firm of Goldfarb & Lipman to increase the not-to-exceed amount by $100,000, for a new not-to-exceed contract amount of $375,000 and extend the term of the agreement through December 2025. ADJOURN SPECIAL SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING Agency Chair Klein adjourned the meeting at 7:30 p.m. ADJOURNMENT TO JOINT MEETING OF THE CITY COUNCIL AND SUNNYVALE FINANCING AUTHORITY Mayor Klein adjourned the Council meeting to the Joint Meeting of the City Council and Sunnyvale Financing Authority at 7:30 p.m. 7 P.M. (OR SOON THEREAFTER) JOINT MEETING OF THE CITY COUNCIL AND SUNNYVALE FINANCING AUTHORITY Call to Order Pursuant to Government Code Subdivision 54953(e), Authority Members / Councilmembers had the opportunity to participate in the meeting telephonically; pursuant to state law, the City Council made the necessary findings by adopting Resolution No. 1089-21, reaffirmed on November 29, 2022 and the Financing City of Sunnyvale Page 7 City Council Meeting Minutes December 13, 2022 Authority made the necessary findings by adopting Resolution No. 1105-22FA, reaffirmed on November 29, 2022. Authority Chair / Mayor Klein called the Sunnyvale Financing Authority meeting to order at 7:31 p.m. 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 Oral Communications No speakers. Consent Calendar Public Comment opened at 7:34 p.m. No speakers. Public Comment closed at 7:34 p.m. MOTION: Authority Chair Cisneros moved and Authority Member Din seconded the motion to approve agenda item 3.A through 3.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 3.A 22-1138 Approve Sunnyvale Financing Authority Meeting Minutes of City of Sunnyvale Page 8 City Council Meeting Minutes December 13, 2022 November 29, 2022 Approve the Sunnyvale Financing Authority Meeting Minutes of November 29, 2022 as submitted. 3.B 22-1139 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. 1154-22 adopted on November 1, 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. PUBLIC HEARINGS/GENERAL BUSINESS 4 22-0746 Receive and File the FY 2021/22 Budgetary Year-End Financial Report, Annual Comprehensive Financial Report (ACFR), the Sunnyvale Financing Authority Financial Report, Agreed Upon Procedure Reports, and the Report to the City Council Issued by the Independent Auditors, and Approve Budget Modification No. 8 in the Amount of $21,845,844 Director of Finance Tim Kirby and Benjamin Lau, Partner, MGO provided the staff report and presentation. Public Hearing opened at 8:39 p.m. No speakers. Public Hearing closed at 8:39 p.m. City of Sunnyvale Page 9 City Council Meeting Minutes December 13, 2022 City Council MOTION: Councilmember Hendricks moved and Councilmember Melton seconded the motion to approve Alternative 1. Receive and file the FY 2021/22 Budgetary Year-End Financial Report, Annual Comprehensive Financial Report (ACFR), and the Report to the City Council issued by the Independent Auditors; and Approve Budget Modification No. 8 in the amount of $21,845,844. 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 Sunnyvale Financing Authority MOTION: Authority Member Melton moved and Authority Member Larsson seconded the motion to approve Alternative 3: Receive and file the FY 2021/22 Sunnyvale Financing Authority Financial Report. 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 ADJOURN JOINT CITY COUNCIL AND SUNNYVALE FINANCING AUTHORITY MEETING Chair / Mayor Klein adjourned the meeting at 8:50 p.m. City of Sunnyvale Page 10 City Council Meeting Minutes December 13, 2022 RECONVENE TO CITY COUNCIL MEETING City Council took a recess at 8:50 p.m. and Mayor Klein reconvened the City Council meeting at 9:01 p.m. with all Councilmembers present. PUBLIC HEARINGS/GENERAL BUSINESS 5 22-1124 Consider Request from Second Harvest of Silicon Valley for Forgiveness of Community Development Block Grant (CDBG) Loan Housing Officer Jenny Carloni provided the staff report. Public Hearing opened at 9:25 p.m. Tracy Weatherby, Vice President, Strategy and Advocacy, Second Harvest of Silicon Valley, spoke to the services Second Harvest provides to the Sunnyvale area. Leslie Bacho, Chief Executive Officer, Second Harvest of Silicon Valley, communicated their support for the loan forgiveness being considered and how Second Harvest needs financial support to continue providing necessary community services. Marie Bernard, Executive Director, Sunnyvale Community Services, shared how Second Harvest of Silicon Valley provides significant support to Sunnyvale Community Services and support for the City forgiving the outstanding loan. Rich Parenteau spoke to the important community services Second Harvest of Silicon Valley provides. Public Hearing closed at 9:34 p.m. MOTION: Councilmember Hendricks moved and Vice Mayor Cisneros seconded the motion to not approve the CDBG loan forgiveness request, do not require immediate repayment of the CDGB loan, and direct staff to return in January with an agenda item providing Second Harvest of Silicon Valley a grant from the Council Service Level Set Aside with a stipulation to repay their outstanding CDGB loan with the grant. The motion carried with the following vote: City of Sunnyvale Page 11 City Council Meeting Minutes December 13, 2022 Yes: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 6 22-1133 Introduce an Ordinance to Amend Chapter 19.50 of Title 19 of the Sunnyvale Municipal Code to Allow Modifications of Legal Non-Conforming Single-Family and Two-Family Dwelling Uses in Non-Residential Zoning Districts (Study Issue 21-01) and Find that the Action is Exempt from the California Environmental Quality Act Pursuant to Guidelines Section 15061(b)(3) (Planning File Number 2022-7591) Associate Planner Drew Taplin provided the staff report and presentation. Public Hearing opened at 9:58 p.m. No speakers. Public Hearing closed at 9:58 p.m. MOTION: Councilmember Larsson moved and Councilmember Din seconded the motion to approve Alternative 1: Alternative 1: Introduce an Ordinance (Attachment 3 to the report) to amend Chapter 19.50 (Nonconforming Buildings and Uses) of Title 19 (Zoning) of the Sunnyvale Municipal Code to allow modifications of legal non-conforming single-family and two-family dwelling uses in non-residential zoning districts and find that the project is exempt from the California Environmental Quality Act pursuant to California Environmental Quality Act Guidelines Section 15061(b) (3). City Clerk David Carnahan read the Ordinance title into the record. The motion carried with the following vote: City of Sunnyvale Page 12 City Council Meeting Minutes December 13, 2022 Yes: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 7 22-1134 Adopt Two (2) Urgency Interim Ordinances and Introduce Three (3) Ordinances Amending Titles 16 (Buildings and Construction) and 19 (Zoning) of the Sunnyvale Municipal Code Related to new State Legislation on Accessory Dwelling Units, Parking Minimums, and Large Family Child Care Homes and Find that the Action is Exempt from the California Environmental Quality Act Pursuant to CEQA Guidelines Sections 15061(b)(3), 15378(b)(5), Public Resources Codes Section 21080.17 and Health & Safety Code Section 1597.45(d) (Planning File Number 2022-7711) Principal Planner Amber Blizinski provided the staff report and presentation. Public Hearing opened at 10:29 p.m. No speakers. Public Hearing closed at 10:29 p.m. MOTION: Councilmember Larsson moved and Vice Mayor Cisneros seconded the motion to approve Alternatives 1, 2 and 3: 1.a) Adopt an Urgency Interim Ordinance (Attachment 2 to this report) amending Title 19 (Zoning) of the Sunnyvale Municipal Code related to new state legislation on Accessory Dwelling Units; 1.b) Introduce the Ordinance (Attachment 3 to this report) amending Titles 16 (Building and Construction) and 19 (Zoning) of the Sunnyvale Municipal Code related to new state legislation on Accessory Dwelling Units; and 1.c) Find that these actions are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3), 5378(b)(5), Public Resources Codes Section 21080.17 and Health & Safety Code Section 1597.45(d). 2.a) Adopt an Urgency Interim Ordinance (Attachment 4 to this report) Amending Title 19 (Zoning) of the Sunnyvale Municipal Code related to new state legislation on Parking Minimums; City of Sunnyvale Page 13 City Council Meeting Minutes December 13, 2022 2.b) Introduce an Ordinance (Attachment 5 to this report) Amending Title 19 (Zoning) of the Sunnyvale Municipal Code related to new state legislation on Parking Minimums; and 2.c) Find that these actions are exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3), 15378(b)(5), Public Resources Codes Section 21080.17 and Health & Safety Code Section 1597.45(d). 3. Introduce the Ordinance (Attachment 6 to this report) Amending Title 19 (Zoning) related to Large Family Child Care Homes and find that the action is exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3), 15378(b)(5), Public Resources Codes Section 21080.17 and Health & Safety Code Section 1597.45(d). City Clerk David Carnahan read the Ordinance titles into the record. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 8 22-0857 Consider Amending the Employment Agreement between the City of Sunnyvale and City Manager Kent Steffens to Modify the City Manager Salary and/or Benefits, and Adopt A Resolution Amending the City’s Salary Schedule to Increase the City Manager Salary Range City Manager Kent Steffens stated agenda item 8 relates to his employment agreement, he recused himself due to this conflict of interest, and left the meeting at 10:32 p.m. Director of Human Resources Tina Murphy provided the staff report. Public Hearing opened at 10:38 p.m. No speakers. Public Hearing closed at 10:38 p.m. MOTION: Councilmember Melton moved and Councilmember Larsson seconded City of Sunnyvale Page 14 City Council Meeting Minutes December 13, 2022 the motion to approve Alternative 1: Adopt a Resolution amending the City’s Salary Resolution to increase the City Manager’s salary range; provide direction to increase the City Manager’s salary by 6.0%, provide a one-time deferred compensation 457 Plan contribution of $15,000, and add language that allows the City Manager to use Paid Time Off (PTO) to extend the retirement separation date within the payroll calendar year, as determined by the Mayor, effective December 25, 2022; and authorize the Mayor to approve a Fifth Amendment to the City Manager’s Employment Agreement, in a form approved by the City Attorney consistent with the City Council’s direction on salary and benefits. 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 Councilmember Hendricks reported the Valley Transportation Agency (VTA) Board of Directors initiated an independent investigation regarding the 2021 VTA rail yard shooting. The investigation report is available on the VTA website. Councilmember Din reported on a recent VTA Policay Advisory Committee meeting, including a report on the use of VTA owned land for unhoused services. NON-AGENDA ITEMS & COMMENTS -Council Councilmember Larsson shared suggestions regarding proper government official communication during Council, Board and Commission meetings and suggestions for updating Council Policy 7.4.12 - Council Appointments to Intergovernmental Agencies. Councilmembers Hendricks and Melton shared additional thoughts regarding Council Policy 7.4.12. City of Sunnyvale Page 15 City Council Meeting Minutes December 13, 2022 Mayor Klein reported City successes in 2022 and wished the community happy holidays. -City Manager City Manager Kent Steffens announced 2023 will be another year of accomplishments for the City. INFORMATION ONLY REPORTS/ITEMS 22-0918 Tentative Council Meeting Agenda Calendar 22-0922 Board/Commission Meeting Minutes 22-1097 Information/Action Items 22-1095 Local Appointments List - Maddy Act (Information Only) ADJOURNMENT Mayor Klein adjourned the meeting at 11:13 p.m. City of Sunnyvale Page 16

Agenda

City of Sunnyvale Notice and Agenda - Revised City Council Tuesday, December 13, 2022 6:00 PM Virtual and Council Chambers, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Closed Session -6 PM | Regular Meeting -7 PM | Special Meeting of Successor Agency to the Redevelopment Agency -7 PM | Joint Meeting with Sunnyvale Financing Authority -7 PM https://sunnyvale-ca-gov.zoom.us/j/96111580540 Special Teleconference Notice Because of the COVID-19 emergency, Councilmembers may participate in this meeting of the Sunnyvale City Council by teleconference, as allowed by Government Code Subdivision 54953(e) and Resolution No. 1089-21 (reaffirmed November 29, 2022). Public Participation • In-person participation: You may provide public comment by filling out a speaker card (optional) and giving it to the City Clerk. • 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 City of Sunnyvale Page 1 Printed on 12/12/2022 City Council Notice and Agenda - Revised December 13, 2022 https://sunnyvaleca.legistar.com/calendar.aspx or http://youtube.com/SunnyvaleMeetings 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)). 6 P.M. SPECIAL COUNCIL MEETING (Closed Session) Call to Order Call to Order via teleconference and in the Council Chambers (Open to the Public). 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 Convene to Closed Session in the West Conference Room (Closed to the Public). A 22-1113 Closed Session Held Pursuant to Paragraph (1) of Subdivision (d) of California Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Name of Case: People of the State of California ex. rel. City of Sunnyvale v. Ke Zhou, et. al., Santa Clara County, et. al., Santa Clara County Superior Court, Case No. 22CV40374 B 22-0828 Closed Session held pursuant to California Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: San Francisco Baykeeper v. City of Sunnyvale, U.S. Dist. Of City of Sunnyvale Page 2 Printed on 12/12/2022 City Council Notice and Agenda - Revised December 13, 2022 California, Case No.: 5:20-CV-00824-EJD 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 and in the Council Chambers. SALUTE TO THE FLAG ROLL CALL CLOSED SESSION REPORT ORAL COMMUNICATIONS This category provides an opportunity for members of the public to address the City Council on items not listed on the agenda and is limited to 15 minutes (may be extended or continued after the public hearings/general business section of the agenda at the discretion of the Mayor) with a maximum of up to three minutes per speaker. Please note the Brown Act (Open Meeting Law) does not allow the Council to take action on an item not listed on the agenda. If you wish to address the Council, please refer to the notice at the beginning of this agenda. Individuals are limited to one appearance during this section. CONSENT CALENDAR All matters listed on the consent calendar are considered to be routine and will be acted upon by one motion. There will be no separate discussion of these items. If a member of the public would like a consent calendar item pulled and discussed separately, please refer to the notice at the beginning of this agenda. 1.A 22-0193 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Recommendation: Approve the list(s) of claims and bills. City of Sunnyvale Page 3 Printed on 12/12/2022 City Council Notice and Agenda - Revised December 13, 2022 1.B 22-1094 Receive and File the FY 2021/22 Annual Status Report on Receipt and Use of Development Impact Fees and Adopt a Resolution Approving Findings Regarding Unspent Impact Fees and Find that the Action is Exempt from the California Environmental Quality Act (CEQA) Pursuant to Section 15378(b)(4) of the CEQA Guidelines Recommendation: Receive and file FY 2021/22 Annual Status Report on receipt and use of development impact fees, Adopt a Resolution making findings regarding unspent impact fees as required by the Mitigation Fee Act (California Government Code Section 66000 et seq.) and Find that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(4) of the CEQA Guidelines. 1.C 22-1014 Reject All Bids Received for the Playground Equipment Replacement 2022 Project (PW23-08) Recommendation: Take the following action - Reject all bids received in response to Invitation for Bids PW23-08 Playground Equipment Replacement 2022 Project 1.D 22-1082 Reject the Sole Bid Received for Asphaltic Materials and Pavement Reinforcement Fabric (F23-024) Recommendation: Reject the sole bid received from Granite Construction, Inc. in response to Invitation for Bids F23-024 for Asphaltic Materials and Pavement Reinforcement Fabric. 1.E 22-1069 Award of Contract to Redgwick Construction Co. in the amount of $2,777,172.20 for Active Transportation Program - Safe Routes to School, Find that this Action is Exempt under the California Environmental Quality Act (CEQA) Under Section 15301(c) of the CEQA Guidelines, and Approval of Budget Modification No.9 in the Amount of $1,207,428 (PW23-05) City of Sunnyvale Page 4 Printed on 12/12/2022 City Council Notice and Agenda - Revised December 13, 2022 Recommendation: Take the following actions: - Award a contract in substantially the same form as Attachment 2 to the report in the amount of $2,777,172 to Redgwick Construction Co.; - Approve a 10% construction contingency in the amount of $277,717; - Authorize the City Manager to execute the contract when all necessary conditions have been met; - Make a finding of a categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c); and - Approve Budget Modification No. 9 in the amount of $1,207,428. 1.F 22-1118 Appoint Christine Berdiansky to the NOVA Workforce Board Recommendation: Appoint Christine Berdiansky to the NOVA Workforce Board. 1.G 22-1137 Reconsider and Affirm Resolution No. 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 City of Sunnyvale Page 5 Printed on 12/12/2022 City Council Notice and Agenda - Revised December 13, 2022 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. 1154-22 adopted on November 1, 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.H 22-1140 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.I 22-1147 Adopt Ordinance No. 3204-22 to add Section 9.44.070 (Possession of Firearms on City Property), Section 9.44.080 (Carrying Concealed Firearms in Sensitive Places) and Section 9.44.090 (Severability) of Chapter 9.44 (Firearms) of Title 9 (Public Peace, Safety or Welfare) of the Sunnyvale Municipal Code Recommendation: Adopt Ordinance No. 3204-22 to add Section 9.44.070 (Possession of Firearms on City Property), Section 9.44.080 (Carrying Concealed Firearms in Sensitive Places) and Section 9.44.090 (Severability) of Chapter 9.44 (Firearms) of Title 9 (Public Peace, Safety or Welfare) of the Sunnyvale Municipal Code. City of Sunnyvale Page 6 Printed on 12/12/2022 City Council Notice and Agenda - Revised December 13, 2022 ADJOURNMENT TO SPECIAL MEETING OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY 7 P.M. (OR SOON THEREAFTER) SPECIAL MEETING OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY Call to Order Call to Order via teleconference and in the Council Chambers. Roll Call Oral Communications This category provides an opportunity for members of the public to address the Successor Agency to the Redevelopment Agency 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. 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 22-1123 Approve the Fourth Amendment to Outside Counsel Services Agreement Between the Successor Agency to the Redevelopment Agency of the City of Sunnyvale and Goldfarb & Lipman and Approve Budget Modification No. 5 in the Amount of $100,000 Recommendation: Authorize the Agency Counsel to execute a Fourth Amendment, in substantially the same form as Attachment 1 to the report, to the Outside Counsel Agreement with the law firm of Goldfarb & Lipman to increase the not-to-exceed amount by $100,000, for a new not-to-exceed contract amount of $375,000 and extend the term of the agreement through December 2025. City of Sunnyvale Page 7 Printed on 12/12/2022 City Council Notice and Agenda - Revised December 13, 2022 ADJOURN SPECIAL SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING ADJOURNMENT TO JOINT MEETING OF THE CITY COUNCIL AND SUNNYVALE FINANCING AUTHORITY 7 P.M. (OR SOON THEREAFTER) JOINT MEETING OF THE CITY COUNCIL AND SUNNYVALE FINANCING AUTHORITY Special Teleconference Notice Because of the COVID-19 emergency, Councilmembers / Board Members may participate in this joint meeting of the City Council and Sunnyvale Financing Authority by teleconference, as allowed by Government Code Subdivision 54953(e) and Resolution No. 1089-21 (reaffirmed by the Sunnyvale City Council on November 29, 2022) and Resolution No. 1105-22FA (reaffirmed by the Sunnyvale Financing Authority on November 29, 2022). Call to Order Call to Order via teleconference and in the Council Chambers. 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. 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. 3.A 22-1138 Approve Sunnyvale Financing Authority Meeting Minutes of November 29, 2022 City of Sunnyvale Page 8 Printed on 12/12/2022 City Council Notice and Agenda - Revised December 13, 2022 Recommendation: Approve the Sunnyvale Financing Authority Meeting Minutes of November 29, 2022 as submitted. 3.B 22-1139 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. 1154-22 adopted on November 1, 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. PUBLIC HEARINGS/GENERAL BUSINESS If you wish to speak to a public hearing/general business item, please refer to notice at the beginning of this agenda. Each speaker is limited to a maximum of three minutes. For land-use items, applicants are limited to a maximum of 10 minutes for opening comments and 5 minutes for closing comments. 4 22-0746 Receive and File the FY 2021/22 Budgetary Year-End Financial Report, Annual Comprehensive Financial Report (ACFR), the Sunnyvale Financing Authority Financial Report, Agreed Upon Procedure Reports, and the Report to the City Council Issued by the Independent Auditors, and Approve Budget Modification No. 8 in the Amount of $21,845,844 City of Sunnyvale Page 9 Printed on 12/12/2022 City Council Notice and Agenda - Revised December 13, 2022 Recommendation: Staff Recommends Alternative 1 for the City Council, and Alternative 3 for the Sunnyvale Financing Authority: City Council 1. Receive and File the FY 2021/22 Budgetary Year-End Financial Report, Annual Comprehensive Financial Report (ACFR), and the Report to the City Council Issued by the Independent Auditors and Approve Budget Modification No. 8 in the amount of $21,845,844. Sunnyvale Financing Authority 3. Receive and File the FY 2021/22 Sunnyvale Financing Authority Financial Report. ADJOURN JOINT CITY COUNCIL AND SUNNYVALE FINANCING AUTHORITY MEETING RECONVENE TO CITY COUNCIL MEETING PUBLIC HEARINGS/GENERAL BUSINESS If you wish to speak to a public hearing/general business item, please refer to notice at the beginning of this agenda. Each speaker is limited to a maximum of three minutes. For land-use items, applicants are limited to a maximum of 10 minutes for opening comments and 5 minutes for closing comments. 5 22-1124 Consider Request from Second Harvest of Silicon Valley for Forgiveness of Community Development Block Grant (CDBG) Loan Recommendation: Alternative 2: Do not approve the CDBG Loan Forgiveness request from Second Harvest of Silicon Valley and require the loan of $47,569.86 to be immediately due and payable and authorize staff to develop a payment plan. 6 22-1133 Introduce an Ordinance to Amend Chapter 19.50 of Title 19 of the Sunnyvale Municipal Code to Allow Modifications of Legal Non-Conforming Single-Family and Two-Family Dwelling Uses in Non-Residential Zoning Districts (Study Issue 21-01) and Find that the Action is Exempt from the California Environmental Quality Act Pursuant to Guidelines Section 15061(b)(3) (Planning File Number 2022-7591) City of Sunnyvale Page 10 Printed on 12/12/2022 City Council Notice and Agenda - Revised December 13, 2022 Recommendation: Alternative 1: Introduce an Ordinance (Attachment 3 to the report) to amend Chapter 19.50 (Nonconforming Buildings and Uses) of Title 19 (Zoning) of the Sunnyvale Municipal Code to allow modifications of legal non-conforming single-family and two-family dwelling uses in non-residential zoning districts and find that the project is exempt from the California Environmental Quality Act pursuant to California Environmental Quality Act Guidelines Section 15061(b)(3). 7 22-1134 Adopt Two (2) Urgency Interim Ordinances and Introduce Three (3) Ordinances Amending Titles 16 (Buildings and Construction) and 19 (Zoning) of the Sunnyvale Municipal Code Related to new State Legislation on Accessory Dwelling Units, Parking Minimums, and Large Family Child Care Homes and Find that the Action is Exempt from the California Environmental Quality Act Pursuant to CEQA Guidelines Sections 15061(b)(3), 15378(b)(5), Public Resources Codes Section 21080.17 and Health & Safety Code Section 1597.45(d) (Planning File Number 2022-7711) City of Sunnyvale Page 11 Printed on 12/12/2022 City Council Notice and Agenda - Revised December 13, 2022 Recommendation: Alternatives 1, 2 and 3: 1.a) Adopt the Urgency Interim Ordinance (Attachment 2 to this report) Amending Title 19 (Zoning) of the Sunnyvale Municipal Code related to New State Legislation on Accessory Dwelling Units; 1.b) Introduce the Ordinance (Attachment 3 to this report) Amending Titles 16 (Building and Construction) and 19 (Zoning) of the Sunnyvale Municipal Code related to New State Legislation on Accessory Dwelling Units; and 1.c) Find that these actions are exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3), 15378(b)(5), Public Resources Codes Section 21080.17 and Health & Safety Code Section 1597.45(d). 2.a) Adopt the Urgency Interim Ordinance (Attachment 4 to this report) Amending Title 19 (Zoning) of the Sunnyvale Municipal Code related to New State Legislation on Parking Minimums; 2.b) Introduce the Ordinance (Attachment 5 to this report) Amending Title 19 (Zoning) of the Sunnyvale Municipal Code related to New State Legislation on Parking Minimums; and 2.c) Find that these actions are exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3), 15378(b)(5), Public Resources Codes Section 21080.17 and Health & Safety Code Section 1597.45(d). 3. Introduce the Ordinance (Attachment 6 to this report) Amending Title 19 (Zoning) related to Large Family Child Care Homes and find that the action is exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3), 15378(b)(5), Public Resources Codes Section 21080.17 and Health & Safety Code Section 1597.45(d). 8 22-0857 Consider Amending the Employment Agreement between the City of Sunnyvale and City Manager Kent Steffens to Modify the City Manager Salary and/or Benefits, and Adopt A Resolution Amending the City’s Salary Schedule to Increase the City Manager Salary Range Recommendation: Staff makes no recommendation. This report is developed to facilitate conversation for the public hearing and action by the City Council. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS City of Sunnyvale Page 12 Printed on 12/12/2022 City Council Notice and Agenda - Revised December 13, 2022 NON-AGENDA ITEMS & COMMENTS -Council -City Manager INFORMATION ONLY REPORTS/ITEMS Visit http://Sunnyvale.ca.gov/TCMAC to view the Tentative Council Meeting Agenda Calendar (TCMAC) online. The TCMAC is updated each Thursday afternoon. 22-0918 Tentative Council Meeting Agenda Calendar 22-0922 Board/Commission Meeting Minutes 22-1097 Information/Action Items 22-1095 Local Appointments List - Maddy Act (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 City of Sunnyvale Page 13 Printed on 12/12/2022 City Council Notice and Agenda - Revised December 13, 2022 imposes a 90-day deadline for the filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure 1094.5. Planning a presentation for a City Council meeting? To help you prepare and deliver your public comments, please review the "Making Public Comments During City Council or Planning Commission Meetings" available at http://Sunnyvale.ca.gov/PublicComments Planning to provide materials to Council? If you wish to provide the City Council with copies of your presentation materials, please provide 12 copies of the materials to the Office of the City Clerk. The City Clerk will distribute your items to the Council. Upcoming Meetings Visit https://sunnyvaleca.legistar.com for upcoming Council, board and commission meeting information. City of Sunnyvale Page 14 Printed on 12/12/2022

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