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City Council

Regular Meeting

Sunnyvale, CA · May 16, 2023

AgendaMinutes

Minutes

City of Sunnyvale Meeting Minutes City Council Tuesday, May 16, 2023 5:30 PM Online and Bay Conference Room (Room 145), City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Study Session - 5:30 PM | Special Meeting: Special Order of the Day - 6:30 PM | Regular Meeting - 7 PM 5:30 P.M. SPECIAL COUNCIL MEETING (Study Session) Call to Order Vice Mayor Din called the meeting to order at 5:30 p.m. Roll Call Present: 7 - Mayor Larry Klein Vice Mayor Omar Din Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Richard Mehlinger Councilmember Murali Srinivasan Councilmember Linda Sell A 23-0313 Review Federal Government Programs that Direct Libraries to Provide Filtering for Internet Access Director of Library and Recreation Services Michelle Perera provided the staff report and presentation. Public Hearing opened at 6:16 p.m. No speakers. Public Hearing closed at 6:16 p.m. Adjourn Special Meeting Vice Mayor Din adjourned the meeting at 6:17 p.m. 6:30 P.M. SPECIAL COUNCIL MEETING (Special Order of the Day) Call to Order City of Sunnyvale Page 1 City Council Meeting Minutes May 16, 2023 Mayor Klein called the meeting to order at 6:30 p.m. Roll Call Present: 7 - Mayor Larry Klein Vice Mayor Omar Din Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Richard Mehlinger Councilmember Murali Srinivasan Councilmember Linda Sell Special Order of the Day B 23-0375 Department of Public Safety Special Awards Mayor Klein provided remarks in honor of Sunnyvale public safety employees. The Department of Public Safety presented the 2022-23 Special Awards and Recognition to Public Safety staff and community members. Adjourn Special Meeting Mayor Klein adjourned the meeting at 6:55 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Mayor Klein called the meeting to order at 7:08 p.m. SALUTE TO THE FLAG Mayor Klein led the salute to the United States flag. ROLL CALL Present: 7 - Mayor Larry Klein Vice Mayor Omar Din Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Richard Mehlinger Councilmember Murali Srinivasan Councilmember Linda Sell SPECIAL ORDER OF THE DAY City of Sunnyvale Page 2 City Council Meeting Minutes May 16, 2023 D 23-0434 Jewish Heritage Month Mayor Klein spoke in recognition of Jewish Heritage Month. Rabbi Eliezer Poupko, Bar Yohai Sephardic Minyan and Jessica Blitchok, Director, Jewish Community Relationship Council of Silicon Valley, provided remarks in recognition of Jewish Heritage Month. C 23-0376 Lesbian, Gay, Bisexual, Transgender and Queer Pride Month Mayor Klein spoke in recognition of Lesbian, Gay, Bisexual, Transgender and Queer Pride Month. Saldy Suriben, Chief Marketing Officer, Silicon Valley Pride, provided remarks in honor of Lesbian, Gay, Bisexual, Transgender and Queer Pride Month. ORAL COMMUNICATIONS Sharon Salmons shared their concerns and issues regarding the unhoused population living in vehicles in the Cherry Chase neighborhood. Sharlene Liu announced events being held in honor of Bike Month. Tim Oey spoke to the events being held around Sunnyvale in honor of Bike Month. Leia Mehlman shared their enthusiasm for Bike Month and the bicycle community in Sunnyvale. CONSENT CALENDAR Public Comment opened at 7:33 p.m. No speakers. Public Comment closed at 7:33 p.m. MOTION: Vice Mayor Din moved and Councilmember Mehlinger seconded the motion to approve agenda items 1.A through 1.H. The motion carried with the following vote: City of Sunnyvale Page 3 City Council Meeting Minutes May 16, 2023 Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 1.A 23-0298 Approve City Council Meeting Minutes of April 4, 2023 Approve the City Council Meeting Minutes of April 4, 2023 as submitted. 1.B 23-0269 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Approve the list(s) of claims and bills. 1.C 23-0498 Award of Contract to Graham Contractors for Annual Slurry Seal 2023 and Make a Finding of California Environmental Quality Act (CEQA) Categorical Exemption Pursuant to CEQA Guidelines Section 15301 (c) (PW23-02) Take the following actions: - Award a contract in substantially the same form as Attachment 2 to the report in the amount of $1,269,106.75 to Graham Contractors; - Approve a 10% construction contingency in the amount of $126,911; - Authorize the City Manager to execute the contract when all necessary conditions have been met; and - Make a finding of a categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c). 1.D 23-0053 Accept Addendum 5 to the Program Environmental Impact Report (PEIR) for the Sunnyvale Water Pollution Control Plan (WPCP) Master Plan and Approve the Plan for the Secondary Effluent Pipeline Replacement Project in Accordance with the California Environmental Quality Act (CEQA) Accept Addendum 5 to the Water Pollution Control Plant Master Plan Program Environmental Impact Report (Attachment 1 to the report) and approve the Plan for the Secondary Effluent Pipeline Replacement Project. City of Sunnyvale Page 4 City Council Meeting Minutes May 16, 2023 1.E 23-0480 Authorize the City Manager to Execute a Revised 2023 Amended and Restated Joint Use Agreement Between the City of Sunnyvale and Santa Clara Valley Water District for the Sunnyvale West Channel and Sunnyvale East Channel Project Authorize the City Manager to execute a Revised 2023 Amended and Restated Joint Use Agreement between the City of Sunnyvale and Santa Clara Valley Water District for the Sunnyvale West Channel and Sunnyvale East Channel Project. 1.F 23-0549 Approve Local Area Subsequent Designation and Local Board Recertification Application for Program Year 2023-25 for NOVA Workforce Development Area Approve Local Area Subsequent Designation and Local Board Recertification application for Program Year 2023-25 for the NOVA Workforce Development Area. 1.G 23-0518 Approve Amendments to Council Policy 7.3.19 (Council Meetings) Adding a Pilot Process for City Council Colleague Memorandums to Propose new Agenda Items Approve amendments to Council Policy 7.3.19 (Council Meetings) adding a pilot process for City Council Colleague Memorandums to propose new agenda items, with a January 31, 2024 sunset. 1.H 23-0587 Adopt Ordinance No. 3213-23 to Repeal and Re-Adopt Sunnyvale Municipal Code Chapter 12.60 (Stormwater Management) and Find that the Action is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the CEQA Guidelines Adopt Ordinance No. 3213-23 to repeal and re-adopt Sunnyvale Municipal Code Chapter 12.60 (Stormwater Management) and find that the Action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the CEQA Guidelines. PUBLIC HEARINGS/GENERAL BUSINESS 2 23-0586 REQUEST FOR CONTINUANCE TO JULY 11, 2023 Proposed Project: A. Adopt a Resolution to: 1. Certify the Environmental Impact Report (EIR); 2. Make the findings required by California Environmental City of Sunnyvale Page 5 City Council Meeting Minutes May 16, 2023 Quality Act (CEQA); 3. Adopt the Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program; 4. Adopt the Water Supply Assessment; 5. Adopt the Amended Moffett Park Specific Plan (with Staff recommended modifications to the draft MPSP); 6. Amend the General Plan text and update the General Plan Map; and 7. Update the Green Building Program Table. B. Adopt a Resolution to: 1. Amend the Fiscal Year 2022/23 Master Fee Schedule to adjust the MPSP Planning Application Fees, including the addition of the MPSP Maintenance Fee, the MPSP Infrastructure Fee and the MPSP Transportation Impact Fee (TIF). C. Introduce An Ordinance to: 1. Repeal and Re-Adopt Sunnyvale Municipal Code (SMC) Chapter 19.29 (Moffett Park Specific Plan) and make other amendments to Title 19 (Zoning) to implement the MPSP; 2. Add SMC Chapter: 3.56 (MPSP Transportation Impact Fee) to Title 3 (Revenue and Finance); and 3. Amend the Zoning Plan District Map and re-zone parcels currently within the new MPSP district. Location: Moffett Park Specific Plan Area Existing Plan: Moffett Park Specific Plan File number: 2018-7715 (Moffett Park Specific Plan) General Plan Designation: Existing: Moffett Park Specific Plan Proposed: Moffett Park Specific Plan Zoning: Existing Zoning: MP-I: Industrial MP-TOD: Transit Oriented Development MP-C: Commercial Proposed MPSP Zoning Districts: MP-AC: Activity Center MP-R: Residential MP-MU: Mixed Use City of Sunnyvale Page 6 City Council Meeting Minutes May 16, 2023 MP-O1: Office 1 MP-O2: Office 2 MP-E1: Mixed Employment 1 MP-E2: Mixed Employment 2 MP-E3: Mixed Employment 3 MP-H: Hospitality MP-PF: Public Facilities Proposed Combining District ECD: Ecological Combining District Applicant: City of Sunnyvale Environmental Review: Environmental Impact Report (SCH # 20210880338) Project Planner: Michelle King, 408-730-7463, mking@sunnyvale.ca.gov Trudi Ryan provided the staff report and presentation. Public Hearing opened at 7:35 p.m. No speakers. Public Hearing closed at 7:36 p.m. MOTION: Vice Mayor Din moved and Councilmember Mehlinger seconded the motion to Continue the City Council public hearing date to the City Council meeting of July 11, 2023. Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 3 23-0359 Adopt a Resolution Pursuant to California Streets and Highways Code Section 11311 to Establish a Pedestrian Mall on the 100 Block of South Murphy Avenue, Accept the Second Addendum to the 2020 Downtown Specific Plan Environmental Impact Report for the Historic Murphy Avenue Pedestrian Mall City of Sunnyvale Page 7 City Council Meeting Minutes May 16, 2023 Project in Accordance with the California Environmental Quality Act, Introduce an Ordinance Adding Chapter 10.66 (Pedestrian Mall on South Murphy Avenue) to Title 10 of the Sunnyvale Municipal Code and Amend Various Sections of Chapter 10.56 (Bicycles) of the Sunnyvale Municipal Code Related to Bicycles on Pedestrian Malls and Approve Budget Modification No. 20 in the Amount of $800,000 Deputy City Manager Connie Verceles provided the staff report and presentation. Public Hearing opened at 8:02 p.m. Susan Jed spoke in support of establishing a Pedestrian Mall on the 100 Block of South Murphy Avenue. Kevin Jackson communicated their support of establishing a Pedestrian Mall on the 100 Block of South Murphy Avenue and suggested continued collaboration with the Bicycle and Pedestrian Advisory Commission for their input. Sharlene Liu provided a presentation in support of establishing a Pedestrian Mall but shared concerns regarding bicycle access to the area. Mike Johnson, President, Sunnyvale Downtown Association spoke in support of the resolution to establish a Pedestrian Mall on the 100 Block of South Murphy Avenue and shared concerns on allowing bicycle access within the pedestrian mall. Martin Pyne shared their thoughts on how bicyclists and pedestrians can best utilize the Pedestrian Mall. Tim Oey shared their support for the Pedestrian Mall on the 100 Block of South Murphy Avenue and suggested for the Bicycle and Pedestrian Advisory Commission to be more involved on this matter. Leia Mehlman communicated their desire for the Bicycle and Pedestrian Advisory Commission to give input on future designs for the Pedestrian Mall. Alon Golan communicated support for establishing a Pedestrian Mall on the 100 Block of South Murphy Avenue and raised concerns with limiting bicycle access. Ben Reaves provided suggestions to how bicyclists and pedestrians can best utilize City of Sunnyvale Page 8 City Council Meeting Minutes May 16, 2023 the Pedestrian Mall. Paul Besser spoke in support of establishing a Pedestrian Mall on the 100 Block of South Murphy Avenue and for further considerations for bicycle access on the mall. Public Hearing closed at 8:35 p.m. MOTION: Councilmember Cisneros moved and Councilmember Melton seconded the motion to approve Alternatives: 1, 2, 3 and 4: 1.) Adopt a Resolution pursuant to California Streets and Highways Code Section 11311 to establish a Pedestrian Mall on the 100 Block of South Murphy Avenue; 2.) Accept an Addendum to the 2020 Downtown Specific Plan Environmental Impact Report for the Historic Murphy Avenue Pedestrian Mall Project in accordance with the California Environmental Quality Act; 3.) Introduce an Ordinance adding Chapter 10.66 (Pedestrian Mall on South Murphy Avenue) to Title 10 of the Sunnyvale Municipal Code and amend various sections of Chapter 10.56 (Bicycles) of the Sunnyvale Municipal Code related to Bicycles on Pedestrian Malls; and 4.) Approve Budget Modification No. 20 in the amount of $800,000. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 Council took a recess at 9:21 p.m. and reconvened at 9:32 p.m. with all Councilmembers present. 4 23-0581 Approve 16 Design Proposals for The Great Box Cover-Up! (Utility Box Art Project-Phase 2) and Authorize the Arts Commission to Approve the Selected Designs for Phase 3 of The Great Box Cover-Up! Recreation Services Coordinator Kristin Dance and Recreation Manager Trenton City of Sunnyvale Page 9 City Council Meeting Minutes May 16, 2023 Hill provided the staff report and presentation. Public Hearing opened at 10:04 p.m. Ronnie Adler commented on a Department of Public Safety matter.. Public Hearing closed at 10:05 p.m. MOTION: Vice Mayor Din moved and Councilmember Melton seconded the motion to approve Alternatives 1 and 3: Review and approve 16 Design Proposals for The Great Box Cover-Up! (Utility Box Art Project-Phase 2) and authorize the Arts Commission to approve the selected designs for Phase 3 of The Great Box Cover-Up! The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 5 23-0582 Select Final Icon and Approve Locations for the Sunnyvale Icon Sculpture Project and Authorize the Arts Commission to Approve the Final Icon Design and Select Artists Recreation Manager Trenton Hill and Recreation Services Coordinator Kristin Dance provided the staff report and presentation. Public Hearing opened at 10:46 p.m. Martin Pyne communicated suggestions to how these Icon sculptures can best be placed throughout Sunnyvale. Galen Kim Davis spoke in support for selecting the Sun design as the Icon sculpture project. Public Hearing closed at 10:49 p.m. City of Sunnyvale Page 10 City Council Meeting Minutes May 16, 2023 MOTION: Councilmember Sell moved and Vice Mayor Din seconded the motion to approve Alternatives 1 and 2: Select the Sun design as the final Icon selection and approve locations for the Sunnyvale Icon Sculpture Project plus add additional locations to be determined by staff; and authorize the Arts Commission to approve the final Icon design and select artists. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 6 23-0047 Appoint Applicants to the Arts Commission, Bicycle and Pedestrian Advisory Commission, Board of Library Trustees, Heritage Preservation Commission, Human Relations Commission, Parks and Recreation Commission, Personnel Board, Planning Commission and Sustainability Commission City Clerk David Carnahan provided the staff report. Public Hearing opened at 11:08 p.m. Galen Kim Davis communicated support for their appointment to the Planning Commission. Public Hearing closed at 11:10 p.m. City Clerk David Carnahan distributed the paper voting ballots, tallied the votes and reported the results as follows: Arts Commission (1 vacancy) Agnes Veith (only preference) – Incumbent Vote: 7-0-0 City of Sunnyvale Page 11 City Council Meeting Minutes May 16, 2023 Albina Chebykina (only preference) Vote: 0-0-0 (Abstentions by all Councilmembers) Parks and Recreation Commission (2 vacancies) Prashant Gattani (1st preference) Vote: 7-0-0 Prakash Giri (only preference) – Incumbent Vote: 7-0-0 Ravi Narayana (1st preference) Vote: 0-0-7 (Abstentions by all Councilmembers) Personnel Board (2 vacancies) Marc Ketzel (only preference) – Incumbent Vote: 7-0-0 Planning Commission (2 vacancies) Aaron Safoer (1st preference) Vote: 0-0-7 (Abstentions by all Councilmembers) Carter Hu (1st preference) Vote: 0-0-7 (Abstentions by all Councilmembers) David Kesting (only preference) Vote: 3-0-4 (Abstentions by Vice Mayor Din and Councilmembers Cisneros, Mehlinger and Sell) Galen Davis (only preference) Vote: 4-0-3 (Abstentions by Mayor Klein and Councilmembers Melton and Srinivasan) Nathan Iglesias (only preference) – Incumbent City of Sunnyvale Page 12 City Council Meeting Minutes May 16, 2023 Vote: 6-0-1 (Abstention by Councilmember Cisneros) Council took a recess at 10:24 p.m. and reconvened at 11:31 p.m. with all Councilmembers present. Bicycle and Pedestrian Advisory Commission (1 vacancy could be Category One or Category Two) Dan Hafeman (Category One - only preference) - Incumbent Vote: 7-0-0 Jonathan Wilson (Category One - 2nd preference) Vote: 4-0-3 (Abstentions by Mayor Klein and Councilmember Melton and Sell) Kathie Lee (Category One - only preference) Vote: 0-0-7 (Abstentions by all Councilmembers.) Ravi Narayana (Category One - 2nd preference) Vote: 0-0-7 (Abstentions by all Councilmembers) Tony Cheng (Category One - only preference) Vote: 0-0-7 (Abstentions by all Councilmembers) Human Relations Commission (5 vacancies) Aaron Safoer (Category One - 2nd preference) Vote: 0-0-7 (Abstentions by all Councilmembers) Cecil Dobbs (Category One - only preference) Vote: 2-0-5 (Abstentions by Mayor Klein, Vice Mayor Din and Councilmembers Melton, Cisneros and Mehlinger) Claudia Camacho (Category One - only preference) Vote: 3-0-4 (Abstentions by Mayor Klein and Councilmember Melton, Srinivasan and Sell) Delia Ayala (Category One - only preference) Vote: 2-0-5 (Abstentions by Mayor Klein, Vice Mayor Din and Councilmembers City of Sunnyvale Page 13 City Council Meeting Minutes May 16, 2023 Mehlinger, Srinivasan and Sell) Elva De La Torre (Category One - only preference) Vote: 0-0-7 (Abstentions by all Councilmembers) Gabriela Sanchez (Category One - only preference) Vote: 0-0-7 (Abstentions by all Councilmembers) Jose Leon (Category One - only preference) Vote: 7-0-0 Luz Ayala (Category One - only preference) Vote: 0-0-7 (Abstentions by all Councilmembers) Maria Ayala (Category One - only preference) Vote: 0-0-7 (Abstentions by all Councilmembers) Maria Paulina Zapata (Category One - only preference) Vote: 6-0-1 (Abstention by Councilmember Melton) Nambi Sankaran (Category One - only preference) Vote: 1-0-6 (Abstentions by Mayor Klein, Vice Mayor Din and Councilmembers Cisneros, Mehlinger, Srinivasan and Sell) Narendra Pathak (Category One - only preference) Vote: 3-0-4 (Abstentions by Vice Mayor Din and Councilmembers Cisneros, Mehlinger and Sell) Nenuca Syquia (Category One - only preference) Vote: 7-0-0 Ofilia Mota (Category One - only preference) Vote: 0-0-7 (Abstentions by all Councilmembers) Rafael Ibarra (Category One - only preference) Vote: 0-0-7 (Abstentions by all Councilmembers) Reyna Ayala (Category One - only preference) Vote: 1-0-6 (Abstentions by Mayor Klein and Councilmembers Melton, Cisneros, City of Sunnyvale Page 14 City Council Meeting Minutes May 16, 2023 Mehlinger, Srinivasan and Sell) Venkata Siva Ramisetty (Category One - only preference) Vote: 7-0-0 Victoria Armigo (Category One - only preference) Vote: 2-0-5 (Abstentions by Vice Mayor Din and Councilmembers Melton, Cisneros, Mehlinger and Srinivasan) Yecenia Morales Alvarez (Category One - only preference) Vote: 1-0-6 (Abstentions by Mayor Klein, Vice Mayor Din and Councilmembers Melton, Cisneros, Srinivasan and Sell) Council took a recess at 11:49 p.m. and reconvened at 11:59 p.m. with all Councilmembers present. MOTION: Councilmember Mehlinger moved and Vice Mayor Din seconded the motion to appoint Claudia Camacho to the Human Relations Commission. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 MOTION: Vice Mayor Din moved to appoint: - Venkata Siva Ramisetty to the Human Relations Commission term expiring 6/30/2027, - Maria Paulina Zapata to the Human Relations Commission term expiring 6/30/2027, - Nenuca Syquia to the Human Relations Commission term expiring 6/30/2026, - Jose Leon to the Human Relations Commission term expiring 6/30/2025, and - Claudia Camacho to the Human Relations Commission term expiring 6/30/2024. City of Sunnyvale Page 15 City Council Meeting Minutes May 16, 2023 The motion failed due to the lack of the second. MOTION: Councilmember Srinivasan moved and Councilmember Melton seconded the motion to appoint: - Venkata Siva Ramisetty to the Human Relations Commission term expiring 6/30/2024, - Maria Paulina Zapata to the Human Relations Commission term expiring 6/30/2026, - Claudia Camacho to the Human Relations Commission term expiring 6/30/2025, - Jose Leon to the Human Relations Commission term expiring 6/30/2027, and - Nenuca Syquia to the Human Relations Commission term expiring 6/30/2027. FRIENDLY AMENDMENT: Vice Mayor Din proposed a friendly amendment to appoint Maria Paulina Zapata to the term expiring 6/30/2027 and Jose Leon to the term expiring 6/30/2026. Councilmember Srinivasan and Melton accepted the friendly amendment. The motion as amended carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 Board of Library Trustees (1 vacancy) Carter Hu (2nd preference) Vote: 7-0-0 Heritage Preservation Commission (2 vacancies) Ravi Narayana (4th preference) Vote: 1-0-6 (Abstentions by Mayor Klein and Councilmembers Melton, Cisneros, City of Sunnyvale Page 16 City Council Meeting Minutes May 16, 2023 Mehlinger, Srinivasan and Sell) Sustainability Commission (One term to 6/30/2025 and one term to 6/30/2027) Aaron Safoer (Category One - 3rd preference) Vote: 0-0-7 (Abstentions by all Councilmembers) Bobbykin Makwana (Category One - only preference) Vote: 7-0-0 Kathryn Besser (Category One - only preference) – Incumbent Vote: 6-0-1 (Abstention by Councilmember Cisneros) Jonathan Wilson (Category One - 1st preference) Vote: 1-0-6 (Abstentions by Mayor Klein, Vice Mayor Din and Councilmembers Cisneros, Mehlinger, Srinivasan and Sell) Tomasz Jasionowski (Category One - only preference) Vote: 3-0-4 (Abstentions by Vice Mayor Din and Councilmembers Cisneros, Mehlinger and Sell)) Ravi Narayana (Category One - 3rd preference) Vote: 0-0-7 (Abstentions by all Councilmembers) Council took a recess at 12:35 a.m. and reconvened at 12:38 a.m. with all Councilmembers present. MOTION: Vice Mayor Din moved and Councilmember Mehlinger seconded the motion to appoint Kathryn Besser to the Sustainability Commission to serve a term expiring 6/30/2027 and Bobbykin Makwana to the Sustainability Commission term expiring 6/30/2025 The motion carried with the following vote: City of Sunnyvale Page 17 City Council Meeting Minutes May 16, 2023 Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 MOTION: Vice Mayor Din moved Councilmember Melton seconded the motion to hear all remaining agenda items. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS None. NON-AGENDA ITEMS & COMMENTS -Council None. -City Manager City Manager Kent Steffens announced the addition of a closed session following the May 18 Budget Workshop. INFORMATION ONLY REPORTS/ITEMS 23-0423 Information/Action Items City of Sunnyvale Page 18 City Council Meeting Minutes May 16, 2023 23-0421 Board/Commission Meeting Minutes 23-0420 Tentative Council Meeting Agenda Calendar 23-0573 Board/Commission Resignation (Information Only) 23-0489 Council Advocacy Letters ADJOURNMENT Mayor Klein adjourned the meeting at 12:43 a.m. City of Sunnyvale Page 19

Agenda

City of Sunnyvale Notice and Agenda City Council Tuesday, May 16, 2023 5:30 PM Online and Bay Conference Room (Room 145), City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Study Session - 5:30 PM | Special Meeting: Special Order of the Day - 6:30 PM | Regular Meeting - 7 PM Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/96111580540 Public Participation • In-person participation: You may provide public comment by filling out a speaker card (optional) and giving it to the City Clerk. • Online participation: You may provide audio public comment by connecting to the 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, 456 W. Olive Ave., Sunnyvale, CA 94086 • Review recordings of this meeting and past meetings at 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 City of Sunnyvale Page 1 Printed on 5/11/2023 City Council Notice and Agenda May 16, 2023 assistance to provide public comment, or for other special assistance; please contact the City at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility to this meeting. The Office of the City Clerk may be reached at 408-730-7483 or cityclerk@sunnyvale.ca.gov (28 CFR 35.160 (b) (1)). 5:30 P.M. SPECIAL COUNCIL MEETING (Study Session) Call to Order Call to Order in the Bay Conference Room (Room 145) Roll Call A 23-0313 Review Federal Government Programs that Direct Libraries to Provide Filtering for Internet Access Adjourn Special Meeting 6:30 P.M. SPECIAL COUNCIL MEETING (Special Order of the Day) Call to Order Call to Order in the Bay Conference Room (Room 145) Roll Call Special Order of the Day B 23-0375 Department of Public Safety Special Awards 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 in the Bay Conference Room (Room 145) City of Sunnyvale Page 2 Printed on 5/11/2023 City Council Notice and Agenda May 16, 2023 SALUTE TO THE FLAG ROLL CALL SPECIAL ORDER OF THE DAY C 23-0376 Lesbian, Gay, Bisexual, Transgender and Queer Pride Month D 23-0434 Jewish Heritage Month 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 23-0298 Approve City Council Meeting Minutes of April 4, 2023 Recommendation: Approve the City Council Meeting Minutes of April 4, 2023 as submitted. 1.B 23-0269 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Recommendation: Approve the list(s) of claims and bills. 1.C 23-0498 Award of Contract to Graham Contractors for Annual Slurry Seal 2023 and Make a Finding of California Environmental Quality Act (CEQA) Categorical Exemption Pursuant to CEQA Guidelines Section 15301 (c) (PW23-02) City of Sunnyvale Page 3 Printed on 5/11/2023 City Council Notice and Agenda May 16, 2023 Recommendation: Take the following actions: - Award a contract in substantially the same form as Attachment 2 to the report in the amount of $1,269,106.75 to Graham Contractors; - Approve a 10% construction contingency in the amount of $126,911; - Authorize the City Manager to execute the contract when all necessary conditions have been met; and - Make a finding of a categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c). 1.D 23-0053 Accept Addendum 5 to the Program Environmental Impact Report (PEIR) for the Sunnyvale Water Pollution Control Plan (WPCP) Master Plan and Approve the Plan for the Secondary Effluent Pipeline Replacement Project in Accordance with the California Environmental Quality Act (CEQA) Recommendation: Accept Addendum 5 to the Water Pollution Control Plant Master Plan Program Environmental Impact Report (Attachment 1 to the report) and Approve the Plan for the Secondary Effluent Pipeline Replacement Project. 1.E 23-0480 Authorize the City Manager to Execute a Revised 2023 Amended and Restated Joint Use Agreement Between the City of Sunnyvale and Santa Clara Valley Water District for the Sunnyvale West Channel and Sunnyvale East Channel Project Recommendation: Authorize the City Manager to execute a Revised 2023 Amended and Restated Joint Use Agreement between the City of Sunnyvale and Santa Clara Valley Water District for the Sunnyvale West Channel and Sunnyvale East Channel Project. 1.F 23-0549 Approve Local Area Subsequent Designation and Local Board Recertification Application for Program Year 2023-25 for NOVA Workforce Development Area Recommendation: Approve Local Area Subsequent Designation and Local Board Recertification application for Program Year 2023-25 for the NOVA Workforce Development Area. City of Sunnyvale Page 4 Printed on 5/11/2023 City Council Notice and Agenda May 16, 2023 1.G 23-0518 Approve Amendments to Council Policy 7.3.19 (Council Meetings) Adding a Pilot Process for City Council Colleague Memorandums to Propose new Agenda Items Recommendation: Approve amendments to Council Policy 7.3.19 (Council Meetings) adding a pilot process for City Council Colleague Memorandums to propose new agenda items, with a January 31, 2024 sunset. 1.H 23-0587 Adopt Ordinance No. 3213-23 to Repeal and Re-Adopt Sunnyvale Municipal Code Chapter 12.60 (Stormwater Management) and Find that the Action is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the CEQA Guidelines Recommendation: Adopt Ordinance No. 3213-23 to Repeal and Re-Adopt Sunnyvale Municipal Code Chapter 12.60 (Stormwater Management) and Find that the Action is Categorically Exempt from the California Environmental Quality Act (CEQA) Pursuant to Section 15308 of the CEQA Guidelines 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. 2 23-0586 REQUEST FOR CONTINUANCE TO JULY 11, 2023 Proposed Project: A. Adopt a Resolution to: 1. Certify the Environmental Impact Report (EIR); 2. Make the findings required by California Environmental Quality Act (CEQA); 3. Adopt the Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program; 4. Adopt the Water Supply Assessment; 5. Adopt the Amended Moffett Park Specific Plan (with Staff recommended modifications to the draft MPSP); 6. Amend the General Plan text and update the General Plan Map; and City of Sunnyvale Page 5 Printed on 5/11/2023 City Council Notice and Agenda May 16, 2023 7. Update the Green Building Program Table. B. Adopt a Resolution to: 1. Amend the Fiscal Year 2022/23 Master Fee Schedule to adjust the MPSP Planning Application Fees, including the addition of the MPSP Maintenance Fee, the MPSP Infrastructure Fee and the MPSP Transportation Impact Fee (TIF). C. Introduce An Ordinance to: 1. Repeal and Re-Adopt Sunnyvale Municipal Code (SMC) Chapter 19.29 (Moffett Park Specific Plan) and make other amendments to Title 19 (Zoning) to implement the MPSP; 2. Add SMC Chapter: 3.56 (MPSP Transportation Impact Fee) to Title 3 (Revenue and Finance); and 3. Amend the Zoning Plan District Map and re-zone parcels currently within the new MPSP district. Location: Moffett Park Specific Plan Area Existing Plan: Moffett Park Specific Plan File number: 2018-7715 (Moffett Park Specific Plan) General Plan Designation: Existing: Moffett Park Specific Plan Proposed: Moffett Park Specific Plan Zoning: Existing Zoning: MP-I: Industrial MP-TOD: Transit Oriented Development MP-C: Commercial Proposed MPSP Zoning Districts: MP-AC: Activity Center MP-R: Residential MP-MU: Mixed Use MP-O1: Office 1 MP-O2: Office 2 MP-E1: Mixed Employment 1 MP-E2: Mixed Employment 2 MP-E3: Mixed Employment 3 MP-H: Hospitality MP-PF: Public Facilities City of Sunnyvale Page 6 Printed on 5/11/2023 City Council Notice and Agenda May 16, 2023 Proposed Combining District ECD: Ecological Combining District Applicant: City of Sunnyvale Environmental Review: Environmental Impact Report (SCH # 20210880338) Project Planner: Michelle King, 408-730-7463, mking@sunnyvale.ca.gov Recommendation: Continue the City Council public hearing date to the City Council meeting of July 11, 2023. 3 23-0359 Adopt a Resolution Pursuant to California Streets and Highways Code Section 11311 to Establish a Pedestrian Mall on the 100 Block of South Murphy Avenue, Accept the Second Addendum to the 2020 Downtown Specific Plan Environmental Impact Report for the Historic Murphy Avenue Pedestrian Mall Project in Accordance with the California Environmental Quality Act, Introduce an Ordinance Adding Chapter 10.66 (Pedestrian Mall on South Murphy Avenue) to Title 10 of the Sunnyvale Municipal Code and Amend Various Sections of Chapter 10.56 (Bicycles) of the Sunnyvale Municipal Code Related to Bicycles on Pedestrian Malls and Approve Budget Modification No. 20 in the Amount of $800,000 Recommendation: Alternatives: 1, 2, 3, and 4: 1.) Adopt a Resolution Pursuant to California Streets and Highways Code Section 11311 to Establish a Pedestrian Mall on the 100 Block of South Murphy Avenue; 2.) Accept an Addendum to the 2020 Downtown Specific Plan Environmental Impact Report for the Historic Murphy Avenue Pedestrian Mall Project in Accordance with the California Environmental Quality Act; 3.) Introduce an Ordinance Adding Chapter 10.66 (Pedestrian Mall on South Murphy Avenue) to Title 10 of the Sunnyvale Municipal Code and Amend Various Sections of Chapter 10.56 (Bicycles) of the Sunnyvale Municipal Code Related to Bicycles on Pedestrian Malls; and 4.) Approve Budget Modification No. 20 in the amount of $800,000. 4 23-0581 Approve 16 Design Proposals for The Great Box Cover-Up! (Utility Box Art Project-Phase 2) and Authorize the Arts Commission to Approve the Selected Designs for Phase 3 of City of Sunnyvale Page 7 Printed on 5/11/2023 City Council Notice and Agenda May 16, 2023 The Great Box Cover-Up! Recommendation: Alternatives 1 and 3: Review and Approve 16 Design Proposals for The Great Box Cover-Up! (Utility Box Art Project-Phase 2) and Authorize the Arts Commission to Approve the Selected Designs for Phase 3 of The Great Box Cover-Up! 5 23-0582 Select Final Icon and Approve Locations for the Sunnyvale Icon Sculpture Project and Authorize the Arts Commission to Approve the Final Icon Design and Select Artists Recommendation: Alternatives 1 and 2: Select the Final Icon and Approve Locations for the Sunnyvale Icon Sculpture Project; and Authorize the Arts Commission to Approve the Final Icon Design and Select Artists 6 23-0047 Appoint Applicants to the Arts Commission, Bicycle and Pedestrian Advisory Commission, Board of Library Trustees, Heritage Preservation Commission, Human Relations Commission, Parks and Recreation Commission, Personnel Board, Planning Commission and Sustainability Commission Recommendation: Staff makes no recommendation. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS 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. 23-0423 Information/Action Items 23-0421 Board/Commission Meeting Minutes 23-0420 Tentative Council Meeting Agenda Calendar City of Sunnyvale Page 8 Printed on 5/11/2023 City Council Notice and Agenda May 16, 2023 23-0573 Board/Commission Resignation (Information Only) 23-0489 Council Advocacy Letters 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 at the NOVA Workforce Services reception desk located on the first floor of City Hall at 456 W. Olive Avenue, during normal business hours, 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 on the fourth floor of City Hall at 456 W. Olive Avenue, during normal business hours and in the Bay Conference Room (Room 145) 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 for specific questions regarding the agenda. PLEASE TAKE NOTICE that if you file a lawsuit challenging any final decision on any public hearing item listed in this agenda, the issues in the lawsuit may be limited to the issues which were raised at the public hearing or presented in writing to the Office of the City Clerk at or before the public hearing. PLEASE TAKE FURTHER NOTICE that Code of Civil Procedure section 1094.6 imposes a 90-day deadline for the filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure 1094.5. Planning a presentation for a City Council meeting? To help you prepare and deliver your public comments, please review the "Making 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. City of Sunnyvale Page 9 Printed on 5/11/2023 City Council Notice and Agenda May 16, 2023 Upcoming Meetings Visit https://sunnyvaleca.legistar.com for upcoming Council, board and commission meeting information. City of Sunnyvale Page 10 Printed on 5/11/2023

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