City Council
City of Sunnyvale
Notice and Agenda - Revised
Virtual and Council Chambers, City Hall,
456 W. Olive Ave., Sunnyvale, CA 94086
6:00 PMTuesday, December 13, 2022
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 [email protected] or by mail to:
City Clerk, 603 All America Way, Sunnyvale, CA 94086
• Review recordings of this meeting and past meetings at
December 13, 2022City Council Notice and Agenda - Revised 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 [email protected] (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).
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
22-1113A
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 22-0828B
December 13, 2022City Council Notice and Agenda - Revised 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.
Approve the List(s) of Claims and Bills Approved for Payment by the City Manager
22-01931.A
Recommendation: Approve the list(s) of claims and bills.
December 13, 2022City Council Notice and Agenda - Revised 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
22-10941.B
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.
Reject All Bids Received for the Playground Equipment
Replacement 2022 Project (PW23-08)
22-10141.C
Recommendation: Take the following action
- Reject all bids received in response to Invitation for Bids PW23-08 Playground Equipment Replacement 2022 Project
Reject the Sole Bid Received for Asphaltic Materials and Pavement Reinforcement Fabric (F23-024)
22-10821.D
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.
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) 22-10691.E
December 13, 2022City Council Notice and Agenda - Revised 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.
Appoint Christine Berdiansky to the NOVA Workforce Board22-11181.F Recommendation: Appoint Christine Berdiansky to the NOVA Workforce Board.
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
22-11371.G
December 13, 2022City Council Notice and Agenda - Revised 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.
Adopt a Resolution Extending the City’s Declaration of Local Emergency for COVID-19
22-11401.H
Recommendation: Adopt a Resolution Extending the City Manager/Director of Emergency Services' Proclamation of Existence of a Local Emergency (COVID-19).
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
22-11471.I
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.
December 13, 2022City Council Notice and Agenda - Revised
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.
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
22-11232.A
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.
December 13, 2022City Council Notice and Agenda - Revised
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.
Approve Sunnyvale Financing Authority Meeting Minutes of November 29, 2022
22-11383.A
December 13, 2022City Council Notice and Agenda - Revised Recommendation: Approve the Sunnyvale Financing Authority Meeting Minutes of November 29, 2022 as submitted.
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 22-11393.B
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.
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
22-07464
December 13, 2022City Council Notice and Agenda - Revised 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.
Consider Request from Second Harvest of Silicon Valley for Forgiveness of Community Development Block Grant (CDBG) Loan
22-11245
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.
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)
22-11336
December 13, 2022City Council Notice and Agenda - Revised 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).
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)
22-11347
December 13, 2022City Council Notice and Agenda - Revised 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).
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
22-08578
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
December 13, 2022City Council Notice and Agenda - Revised
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.
Tentative Council Meeting Agenda Calendar22-0918
Board/Commission Meeting Minutes22-0922
Information/Action Items22-1097
Local Appointments List - Maddy Act (Information Only)22-1095
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
December 13, 2022City Council Notice and Agenda - Revised 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.