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City Council

Regular Meeting

Sunnyvale, CA · September 12, 2023

AgendaMinutes

Minutes

City of Sunnyvale Meeting Minutes City Council Tuesday, September 12, 2023 6:00 PM Online and Bay Conference Room (Room 145), City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Closed Session - 6 PM | Regular Meeting - 7 PM 6 P.M. SPECIAL COUNCIL MEETING (Closed Session) Call to Order Vice Mayor Din called the meeting to order at 6:01 p.m. Roll Call Present: 6 - Mayor Larry Klein Vice Mayor Omar Din Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Murali Srinivasan Councilmember Linda Sell Absent: 1 - Councilmember Richard Mehlinger Public Comment Public Comment opened at 6:03 p.m. No speakers. Public Comment closed at 6:03 p.m. Convene to Closed Session Council convened to Closed Session in the Council Conference Room at 6:04 p.m. A 23-0858 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Pursuant to Government Code Section 54954.5: Significant Exposure to Litigation Under Government Code Section 54956.9(d)(2): A statement threatening litigation made by a person outside an open and public meeting related to a proposed project at 1154 and 1170 Sonora Court City of Sunnyvale Page 1 City Council Meeting Minutes September 12, 2023 Adjourn Special Meeting Vice Mayor Din adjourned the meeting at 6:38 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Mayor Klein called the meeting to order at 7:01 p.m. SALUTE TO THE FLAG Mayor Klein led the salute to the United States flag. ROLL CALL Present: 6 - Mayor Larry Klein Vice Mayor Omar Din Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Murali Srinivasan Councilmember Linda Sell Absent: 1 - Councilmember Richard Mehlinger CLOSED SESSION REPORT Vice Mayor Din reported that Council met in Closed Session Held Pursuant to California Government Code Section 54954.5: Conference with Legal Council Anticipated Litigation significant exposure to litigation under Government Code Section 54956.9(d)(2): A statement threatening litigation made by a person outside an open and public meeting related to a proposed project at 1154 and 1170 Sonora Court; nothing to report. SPECIAL ORDER OF THE DAY B 23-0381 Hispanic Heritage Month Mariya Maldonado, Hispanic Foundation Silicon Valley, shared their experience and background in honor of Hispanic Heritage Month. C 23-0380 Workforce Development Month Director of Nova Workforce Services Marlena Sessions spoke in honor of Workplace Development Month. D 23-0075 Ceremonial Oath of Office for Board and Commission City of Sunnyvale Page 2 City Council Meeting Minutes September 12, 2023 Members Deputy City Clerk Sandra Barajas administered the Oath of Office to appointed Board and Commission Members. PRESENTATION E 23-0057 2023 Silicon Valley Clean Energy (SVCE) Electric Showcase Awards by SVCE Chief Executive Officer Girish Balachandran Girish Balachandran, Chief Executive Officer, Silicon Valley Clean Energy (SVCE) presented the SVCE Electric Showcase Awards. ORAL COMMUNICATIONS Debra King spoke to the positive impact the Sunnyvale Humane Society makes for homeless cats. Rose Gregorio voiced their concern regardless homeless encampment sweeps that are happening in Sunnyvale. CONSENT CALENDAR Public Comment opened at 7:29 p.m. No speakers Public Comment closed at 7:29 p.m. MOTION: Vice Mayor Din moved and Councilmember Cisneros seconded the motion to approve agenda items 1.A through 1.G. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Srinivasan Councilmember Sell No: 0 Absent: 1 - Councilmember Mehlinger 1.A 23-0049 Approve City Council Meeting Minutes of August 8, 2023 Approve the City Council Meeting Minutes of August 8, 2023 as submitted. City of Sunnyvale Page 3 City Council Meeting Minutes September 12, 2023 1.B 23-0242 Approve City Council Meeting Minutes of August 15, 2023 (Board and Commission Interviews) Approve the City Council Meeting Minutes of August 15, 2023 as submitted. 1.C 23-0783 Approve City Council Meeting Minutes of August 29, 2023 Approve the City Council Meeting Minutes of August 29, 2023 as submitted. 1.D 23-0278 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Approve the list(s) of claims and bills. 1.E 23-0782 Approve Budget Modification No. 3 to Appropriate $217,816 of CalRecycle SB1383 Local Assistance Grant Program Funds to Project 830910 - Zero Waste Strategic Plan Approve Budget Modification No. 3 to appropriate $217,816 of CalRecycle SB1383 Local Assistance Grant Program Funds to Project 830910 - Zero Waste Strategic Plan. 1.F 23-0183 Receive and File the City of Sunnyvale Investment Report -Second Quarter 2023 Receive and file the City of Sunnyvale Investment Report - Second Quarter. 1.G 23-0640 Receive a Report of an Emergency Repair Project to Reconstruct a Damaged Stormwater Outfall and Restore the Embankment of Stevens Creek at Mockingbird Lane. The Project is Urgent to Ensure Public Safety and the Operation of the Storm Drainage System (Policy SN-1.3). Receive a report of an Emergency Repair Project to reconstruct a damaged storm water outfall and restore the embankment of Stevens Creek at Mockingbird Lane. The Project is urgent to ensure public safety and the operation of the storm drainage system. PUBLIC HEARINGS/GENERAL BUSINESS 2 23-0794 Award of a contract to Group 4 Architecture, Research + Planning, Inc. for the Civic Center Phase 2 Planning - Main Library in the amount of $976,342.50 and approve Budget City of Sunnyvale Page 4 City Council Meeting Minutes September 12, 2023 Modification No. 5 in the amount of $431,929.47 (F23-130) to fund the contract and ongoing staffing support Assistant Director of Public Works Jennifer Ng provided the staff report and presentation. Public Hearing opened at 8:39 p.m. Debra King spoke to the difficult dynamics in passing such a bond measure in the next election cycle. A member of the public commented that the Comcast broadcast of the meeting is not viewable. Public Hearing closed at 8:44 p.m. MOTION: Councilmember Din moved and Councilmember Melton seconded the motion to approve Alternative 1: - Award a contract for Civic Center Phase 2 Planning – Main Library in the amount of $992,342.50 to Group 4 Architecture, Research + Planning, Inc., with the agreement language modified to remove the term “marketing”, corrected to “public education;” - Approve a 10% contingency in the amount of $99,234 to Group 4 Architecture, Research + Planning, Inc.; - Approve Budget Modification No. 5 in the amount of $431,929.47; and - Authorize the City Manager to execute the contracts. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Srinivasan Councilmember Sell No: 0 Absent: 1 - Councilmember Mehlinger 3 23-0780 Introduce an Ordinance Repealing Chapter 16.62 (Prevention of Flood Damage), Adopting Chapter 16.62 (Floodplain City of Sunnyvale Page 5 City Council Meeting Minutes September 12, 2023 Management) of Title 16 (Buildings and Construction), Amending Section 1.04.010 (Violation-Misdemeanor or infraction) of Chapter 1.04 (General Penalty) of Title 1 (General Provisions) of the Sunnyvale Municipal Code, and Find that the Action is Exempt from the California Environmental Quality Act (CEQA) Pursuant to Public Resources Code Section 21080(b)(1) and CEQA Guidelines Sections 15061(b)(3), 15268, and 15308 Assistant Director of Public Works Jennifer Ng provided the staff report. Public Hearing opened at 9:09 p.m. No speakers. Public Hearing closed at 9:09 p.m. MOTION: Councilmember Din moved and Councilmember Melton seconded the motion to approve Alternative 1: Introduce an Ordinance repealing Chapter 16.62 (Prevention of Flood Damage), adopting Chapter 16.62 (Floodplain Management) of Title 16 (Buildings and Construction), amending Section 1.04.010 (Violation-Misdemeanor or infraction) of Chapter 1.04 (General Penalty) of Title 1 (General Provisions) of the Sunnyvale Municipal Code, and find that the Action is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(1) and CEQA Guidelines Sections 15061(b)(3), 15268, and 15308. Deputy City Clerk Sandra Barajas read the Ordinance title for the record. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Srinivasan Councilmember Sell No: 0 Absent: 1 - Councilmember Mehlinger COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS City of Sunnyvale Page 6 City Council Meeting Minutes September 12, 2023 None. NON-AGENDA ITEMS & COMMENTS -Council MOTION: Councilmember Sell moved and Councilmember Cisneros seconded the motion to agendize an item to study the cost and feasibility for an additional round of polling and benefits additional polling may achieve regarding the Sunnyvale Main Library development project. The motion failed with the following vote: Yes: 0 No: 6 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Srinivasan Councilmember Sell Absent: 1 - Councilmember Mehlinger Councilmember Melton spoke to Santa Clara County’s fruit fly quarantine action. Mayor Klein shared additional comments on Santa Clara County’s fruit fly quarantine action. -City Manager None. INFORMATION ONLY REPORTS/ITEMS 23-0808 Tentative Council Meeting Agenda Calendar 23-0809 Board/Commission Meeting Minutes 23-0810 Information/Action Items 23-0887 Mayor-Appointed Ad Hoc Advisory Committee on Potential HomeKey Application - Notice of Completion (Information Only) City of Sunnyvale Page 7 City Council Meeting Minutes September 12, 2023 ADJOURNMENT Mayor Klein adjourned the meeting at 9:34 p.m. City of Sunnyvale Page 8

Agenda

City of Sunnyvale Notice and Agenda - Revised City Council Tuesday, September 12, 2023 6:00 PM Online and Bay Conference Room (Room 145), City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Closed Session - 6 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 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 City of Sunnyvale Page 1 Printed on 9/11/2023 City Council Notice and Agenda - Revised September 12, 2023 CFR 35.160 (b) (1)). 6 P.M. SPECIAL COUNCIL MEETING (Closed Session) Call to Order Call to order in the Bay Conference Room - Room 145 (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 Council Conference Room (Closed to the Public). A 23-0858 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Pursuant to Government Code Section 54954.5: Significant Exposure to Litigation Under Government Code Section 54956.9(d)(2): A statement threatening litigation made by a person outside an open and public meeting related to a proposed project at 1154 and 1170 Sonora Court Adjourn Special Meeting 7 P.M. COUNCIL MEETING CALL TO ORDER Call to Order in the Bay Conference Room (Room 145) SALUTE TO THE FLAG ROLL CALL CLOSED SESSION REPORT SPECIAL ORDER OF THE DAY B 23-0381 Hispanic Heritage Month C 23-0380 Workforce Development Month City of Sunnyvale Page 2 Printed on 9/11/2023 City Council Notice and Agenda - Revised September 12, 2023 D 23-0075 Ceremonial Oath of Office for Board and Commission Members PRESENTATION E 23-0057 2023 Silicon Valley Clean Energy (SVCE) Electric Showcase Awards by SVCE Chief Executive Officer Girish Balachandran 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 23-0049 Approve City Council Meeting Minutes of August 8, 2023 Recommendation: Approve the City Council Meeting Minutes of August 8, 2023 as submitted. 1.B 23-0242 Approve City Council Meeting Minutes of August 15, 2023 (Board and Commission Interviews) Recommendation: Approve the City Council Meeting Minutes of August 15, 2023 as submitted. 1.C 23-0783 Approve City Council Meeting Minutes of August 29, 2023 Recommendation: Approve the City Council Meeting Minutes of August 29, 2023 as submitted. 1.D 23-0278 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.E 23-0782 Approve Budget Modification No. 3 to Appropriate $217,816 of City of Sunnyvale Page 3 Printed on 9/11/2023 City Council Notice and Agenda - Revised September 12, 2023 CalRecycle SB1383 Local Assistance Grant Program Funds to Project 830910 - Zero Waste Strategic Plan Recommendation: Approve Budget Modification No. 3 to Appropriate $217,816 of CalRecycle SB1383 Local Assistance Grant Program Funds to Project 830910 - Zero Waste Strategic Plan. 1.F 23-0183 Receive and File the City of Sunnyvale Investment Report -Second Quarter 2023 Recommendation: Receive and file the City of Sunnyvale Investment Report - Second Quarter. 1.G 23-0640 Receive a Report of an Emergency Repair Project to Reconstruct a Damaged Stormwater Outfall and Restore the Embankment of Stevens Creek at Mockingbird Lane. The Project is Urgent to Ensure Public Safety and the Operation of the Storm Drainage System (Policy SN-1.3). Recommendation: Receive a Report of an Emergency Repair Project to reconstruct a damaged stormwater outfall and restore the embankment of Stevens Creek at Mockingbird Lane. The project is urgent to ensure public safety and the operation of the storm drainage system. 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 23-0794 Award of a contract to Group 4 Architecture, Research + Planning, Inc. for the Civic Center Phase 2 Planning - Main Library in the amount of $976,342.50 and approve Budget Modification No. 5 in the amount of $431,929.47 (F23-130) to fund the contract and ongoing staffing support City of Sunnyvale Page 4 Printed on 9/11/2023 City Council Notice and Agenda - Revised September 12, 2023 Recommendation: Alternative 1 - Take the following actions: - Award a contract to Group 4 Architecture, Research + Planning, Inc. for Civic Center Phase 2 Planning - Main Library in substantially the same form as Attachment 1 to the report in an amount not-to-exceed $992,342.50; - Authorize the City Manager to execute the contract when all the necessary conditions have been met; - Approve a 10% contingency in the amount of $99,234; and - Approve Budget Modification No.5 in the amount of $431,929.47. 3 23-0780 Introduce an Ordinance Repealing Chapter 16.62 (Prevention of Flood Damage), Adopting Chapter 16.62 (Floodplain Management) of Title 16 (Buildings and Construction), Amending Section 1.04.010 (Violation-Misdemeanor or infraction) of Chapter 1.04 (General Penalty) of Title 1 (General Provisions) of the Sunnyvale Municipal Code, and Find that the Action is Exempt from the California Environmental Quality Act (CEQA) Pursuant to Public Resources Code Section 21080(b)(1) and CEQA Guidelines Sections 15061(b)(3), 15268, and 15308 Recommendation: Alternative 1: Introduce an Ordinance Repealing Chapter 16.62 (Prevention of Flood Damage), Adopting Chapter 16.62 (Floodplain Management) of Title 16 (Buildings and Construction), Amending Section 1.04.010 (Violation-Misdemeanor or infraction) of Chapter 1.04 (General Penalty) of Title 1 (General Provisions) of the Sunnyvale Municipal Code, and Find that the Action is Exempt from the California Environmental Quality Act (CEQA) Pursuant to Public Resources Code Section 21080(b)(1) and CEQA Guidelines Sections 15061(b)(3), 15268, and 15308. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS NON-AGENDA ITEMS & COMMENTS -Council -City Manager INFORMATION ONLY REPORTS/ITEMS City of Sunnyvale Page 5 Printed on 9/11/2023 City Council Notice and Agenda - Revised September 12, 2023 Visit http://Sunnyvale.ca.gov/TCMAC to view the Tentative Council Meeting Agenda Calendar (TCMAC) online. The TCMAC is updated each Thursday afternoon. 23-0808 Tentative Council Meeting Agenda Calendar 23-0809 Board/Commission Meeting Minutes 23-0810 Information/Action Items 23-0887 Mayor-Appointed Ad Hoc Advisory Committee on Potential HomeKey Application - Notice of Completion (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 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 City of Sunnyvale Page 6 Printed on 9/11/2023 City Council Notice and Agenda - Revised September 12, 2023 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 7 Printed on 9/11/2023

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