City Council
Regular MeetingSunnyvale, CA · December 13, 2022
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
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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:
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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:
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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;
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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
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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.
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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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