City Council

City of Sunnyvale Notice and Agenda - Revised City Council Tuesday, October 15, 2024 5:00 PM Online and Council Chambers, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Closed Session - 5 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. As a courtesy, and technology permitting, members of the public may also attend online. However, the City cannot guarantee that the public’s access to online technology will be uninterrupted, and technical difficulties may occur from time to time. Unless required by the Ralph M. Brown Act, the meeting will continue despite technical difficulties for participants using the online option. The Mayor may determine it would be impractical to include remote public comment during Oral Communications. • 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 City of Sunnyvale Page 1 Printed on 10/11/2024 City Council Notice and Agenda - Revised October 15, 2024 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)). 5 P.M. SPECIAL COUNCIL MEETING (Closed Session) Call to Order Call to Order 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 Council Conference Room (Closed to the Public). A 24-0942 Closed Session Held Pursuant to California Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL- PENDING LITIGATION (Paragraph (1) of Subdivision (d) of Section 54956.9) Name of Case: Name of Case: Malvini, Robert v. City of Sunnyvale (Workers Compensation Appeal Board Case No. ADJ16689716, ADJ17699380, ADJ16689698, ADJ2604334, ADJ9847510) B 24-1065 Closed Session Held Pursuant to California Government Code 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATORS for 247 Commercial Street - APN: 205-34-006 and 295 Commercial Street APN: 205-34-013 City of Sunnyvale Page 2 Printed on 10/11/2024 City Council Notice and Agenda - Revised October 15, 2024 Agency Negotiators: Tim Kirby, City Manager; Chip Taylor, Director of Public Works; Sherine Nafie, City Property Administrator Negotiating Parties: Huy Tu, Trustee of the Huy Tu Trust and The heirs or devisees of Tam T. Le and Jiri Stepan and Lai-Ying Stepan, Co-Trustees of the Stepan Family Trust, Under Negotiation: Price and Terms C 24-0784 Closed Session Held Pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency Designated Representatives: Tina Murphy, Director of Human Resources Employee Organization: Public Safety Officers Association (PSOA) 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 Council Chambers SALUTE TO THE FLAG ROLL CALL CLOSED SESSION REPORT SPECIAL ORDER OF THE DAY D 24-0350 Domestic Violence Awareness Month E 24-0354 Filipino American History Month F 24-0353 National Friends of the Library Week G 24-0352 Cybersecurity Awareness Month City of Sunnyvale Page 3 Printed on 10/11/2024 City Council Notice and Agenda - Revised October 15, 2024 PRESENTATION H 24-1052 2024 Municipal Information Systems Association of California (MISAC) Awards, Presented by MISAC Board Member Ed Miranda I 24-0954 Sunnyvale Community Services (SCS) Update by SCS Executive Director Marie Bernard ORAL COMMUNICATIONS The Mayor may determine it would be impractical to include remote public comment during Oral Communications for the purpose of timeliness of the meeting or conducting an orderly meeting. Such a determination shall be made prior to opening public comment on 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 24-0243 Approve City Council Meeting Minutes of September 10, 2024 Recommendation: Approve the City Council Meeting Minutes of September 10, 2024 as submitted. 1.B 24-0449 Approve City Council Meeting Minutes of September 21, 2024 (State of the City) Recommendation: Approve the City Council Meeting Minutes of September 21, 2024 as submitted. 1.C 24-0778 Approve City Council Meeting Minutes of September 24, 2024 City of Sunnyvale Page 4 Printed on 10/11/2024 City Council Notice and Agenda - Revised October 15, 2024 Recommendation: Approve the City Council Meeting Minutes of September 24, 2024 as submitted. 1.D 24-0448 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 24-0240 Adopt the City’s Investment Policy for Fiscal Year 2024/25 and Receive the Annual Performance Report for Fiscal Year 2023/24 Recommendation: Adopt the City's Investment Policy for FY 2024/25 and receive the Annual Performance Report for Fiscal Year 2023/24. 1.F 24-0773 Approve Budget Modification No. 1 in the Amount of $79,000 to Supplement Public Art for Plaza del Sol Phase 2 Recommendation: Approve Budget Modification No. 1 in the amount of $79,000 to supplement public art for Plaza del Sol Phase 2. 1.G 24-1043 Adopt a Resolution Amending the Classification Plan and the City’s Salary Resolution to Add the Classification of Public Safety Dispatcher-Lateral and Update the Schedule of Pay Recommendation: Adopt a Resolution to Amend the Classification Plan and the City's Salary Resolution to Add the New Classification of Public Safety Dispatcher-Lateral and Make Corresponding Updates to the Schedule of Pay Effective October 27, 2024. 1.H 24-0924 Authorize the Issuance of a Purchase Agreement to Zetron, Inc. in the Amount of $416,907.94 for Fire Station Touch Control System (F25-057) Recommendation: Take the following actions: - Authorize the issuance of a purchase agreement to Zetron, Inc. in the amount of $416,907.94 for the purchase of Fire Station Touch Control System; - Authorize The City Manager to execute the purchase agreement when all conditions have been met; and - Approve a 10% contingency in the amount of $41,690. 1.I 24-0986 Award a Contract in the Amount of $1,190,000 to West Coast Arborists, Inc. for Street Tree Maintenance Services (F24-035) City of Sunnyvale Page 5 Printed on 10/11/2024 City Council Notice and Agenda - Revised October 15, 2024 Recommendation: Take the following actions: - Award a contract to West Coast Arborists, Inc. in a not-to-exceed amount of $1,190,000 in substantially the same form as Attachment 2 to the report; - Authorize the City Manager to execute the agreement when all conditions have been met; - Authorize the City Manager to increase the quantities under the contract, subject to available budget; and - Authorize the City Manager to renew the contract for one (1) additional one-year period, subject to available budget and if pricing and services remain acceptable to the City. 1.J 24-1004 Award of Consultant Services Agreement with a Contract Amount Not-to-Exceed $388,240 to Kitchell CEM, Inc. for the Senior Center Building Rehabilitation Project (F24-157) and Find the Project is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15301 and 15302 Recommendation: Take the following actions: - Award a Consultant Services Agreement is substantially the same form as Attachment 1 to the report in an amount not-to-exceed $388,240 to Kitchell CEM, Inc. of Sacramento; - Approve a 10% contingency in the amount of $38,824; - Authorize the City Manager to execute the contract when all necessary conditions have been met; and - Find the project exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 and 15302. 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 24-0953 Proposed Project: Introduce an Ordinance and Adopt a Resolution to: Amend Sunnyvale Municipal Code Chapter 19.36 (El Camino Specific Plan District) and Adopt an Ordinance to Implement Housing Element Program H17: El Camino Real Specific Plan City of Sunnyvale Page 6 Printed on 10/11/2024 City Council Notice and Agenda - Revised October 15, 2024 (ECRSP) Commercial Requirement for Affordable Housing Developments and Adopt a Resolution to Establish and Adopt Program H-17 for Modified Commercial Requirements in Mixed-Use Development in the El Camino Real Specific Plan. Location: El Camino Specific Plan Area (APNs: Various) File #: PLNG-2024-0581 Zoning: ECR-Various Environmental Review: Non-discretionary project (Public Resources Code Section 21080(b)(1), California Environmental Quality Act (CEQA) Guidelines Sections 15268, 15357) Project Planner: Shaunn Mendrin, (408) 730-7431, smendrin@sunnyvale.ca.gov Recommendation: Alternative 1: Take the following actions: a. Find that the Action is exempt from the California Environmental Quality Act subject to (CEQA) pursuant to Public Resources Code Section 21080(b)(1) and CEQA Guidelines Section 15268 and 15357; b. Introduce an Ordinance to amend Sunnyvale Municipal Code Section 19.36.090 relating to minimum commercial development for affordable housing developments developed in the El Camino Real Specific Plan mixed-use zoning districts; and c. Adopt a Resolution that establishes the program for modified commercial requirements in mixed-use development in the El Camino Real Specific Plan and directs staff to return to City Council to review implementation of this Program and receive further direction after two 100% affordable projects have been approved at a public hearing, or earlier as may be determined by the director of community development. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS NON-AGENDA ITEMS & COMMENTS -Council -City Manager City of Sunnyvale Page 7 Printed on 10/11/2024 City Council Notice and Agenda - Revised October 15, 2024 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. 24-0864 Tentative Council Meeting Agenda Calendar 24-0902 Board/Commission Meeting Minutes 24-1074 Information/Action Items 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 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 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 8 Printed on 10/11/2024 City Council Notice and Agenda - Revised October 15, 2024 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 9 Printed on 10/11/2024