City of Sunnyvale

Notice and Agenda - Revised

City Council

Tuesday, December 12, 2023

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 | Joint Meeting with

Sunnyvale Financing Authority - 7 PM

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 Brown Act, the meeting will continue despite

technical difficulties for participants using the online option.

• 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

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).

23-1130

CONFERENCE WITH LEGAL COUNSEL-EXISTING

LITIGATION Closed Session Held Pursuant to Paragraph (1)

of Subdivision (d) of California Government Code Section

54956.9: Name of Cases: Madison Reading v. City of

Sunnyvale, et al. and Daniel Aguilar, Keena Lochner vs. City

of Sunnyvale, et al., Santa Clara County Superior Court, Case

Nos. 20CV372833 and 20CV373012

23-1128

Closed Session Held Pursuant to California Government Code

Section 54957:

PUBLIC EMPLOYEE APPOINTMENT

Title: Interim City Attorney

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

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

23-0284

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.B

23-0574

Receive and File the FY 2022/23 Annual Status Report on

Receipt and Use of Development Impact Fees and Adopt a

Resolution Approving Findings Regarding Unspent Impact

Fees and Find that the Action is Exempt from the California

Environmental Quality Act (CEQA) Pursuant to Section

15378(b)(4) of the CEQA Guidelines

Recommendation:

Receive and file FY 2022/23 Annual Status Report on receipt

and use of development impact fees and adopt a Resolution

making findings regarding unspent impact fees as required by

the Mitigation Fee Act (California Government Code Section

66000 et seq.) and find that the action is exempt from the

California Environmental Quality Act (CEQA) pursuant to

Section 15378(b)(4) of the CEQA Guidelines.

1.C

23-0650

Authorize Amending an Existing Contract with Questica, Inc., to

Renew Annual Software Maintenance, Support, and Hosting

for Three Years (F23-166)

Recommendation:

Take the following actions:

- Authorize the City Manager to execute the First Amendment,

in substantially the same form as Attachment 1 to the report, to

an existing contract with Questica Inc., to extend the term for

three years in a total contract amount for the extension period

not to exceed $301,570.80; and

- Authorize the City Manager to amend the not-to-exceed

amount, subject to available budget, providing pricing and

services remain acceptable to the City.

1.D

23-1045

Reject All Bids Received for the Peery Park Area

Transportation Improvements (PW23-16) and Make a Finding

that the Action Does Not Constitute a “Project” Within the

Meaning of the California Environmental Quality Act

Guidelines Section 15378(b)(4)

Recommendation:

Reject all bids received in response to Invitation for Bids

PW23-16 Peery Park

1.E

23-0898

Award of Three On-Call Contracts Totaling $1,125,000 for

Consulting Support for Solid Waste Services (F23-112)

Recommendation:

Take the following actions:

- Award Three (3) three-year on-call Consultant Service

agreements for solid waste services to the following firms:

SCS Engineers, with a contract amount not to exceed

$450,000, J.R. Miller and Associates Inc, with a contract

amount not to exceed $375,000 and HF&H, LLC., with a

contract amount not to exceed $300,000 in substantially the

same form as Attachments 1 to 3 to the report;

- Authorize the City Manager to execute the agreements when

all conditions have been met;

- Authorize the City Manager to increase the contracts up to

budgeted amounts; and

- Authorize the City Manager to renew the contracts for up to

two additional years based on available funding, need,

acceptable pricing, and service.

1.F

23-1056

Award of a Contract to PBK Architects, Inc. in the Amount of

$2,364,140 for Design and Construction Support Services for

Fire Station 2 - New Construction Project (F24-003)

Recommendation:

Take the following actions:

- Award a Consultant Services Agreement in an amount

not-to-exceed $2,364,140 in substantially the same form as

Attachment 1 to the report, to PBK Architects, Inc.;

- Approve a 10% a contingency in the amount of $236,140;

and

- Authorize the City Manager to execute the contract when all

necessary conditions have been met.

1.G

23-1079

Award of Contract in the Amount of $256,654.17 to Bear

Electrical Solutions Inc. to Provide Street Name Sign Removal

and Replacement; and Finding of California Environmental

Quality Act (CEQA) Categorical Exemption Pursuant to CEQA

Guidelines Section 15301 (F23-170)

Recommendation:

Take the following actions:

- Make a finding of California Environmental Quality Act

(CEQA) categorical exemption pursuant to CEQA Guidelines

Section 15301 which applies to the operation, repair,

maintenance, permitting, leasing, licensing, or minor alteration

of existing public or private structures, facilities, mechanical

equipment, or topographical features, involving negligible or no

expansion of existing or former use;

- Award a contract in substantially the same form as

Attachment 2 to the report in the amount of $256,654.17 to

Bear Electrical Solutions Inc. of Alviso, CA.

- Authorize the City Manager to execute the contract when all

necessary conditions have been met; and

- Approve a 10% contingency in the amount of $25,665.

1.H

23-0990

Award of Thirteen (13) On-Call Contracts for Engineering

Support Services Totaling $7,700,000 Over a Four-Year

Period and Make a Finding of California Environmental Quality

Act (CEQA) Categorical Exemption (F23-171)

Recommendation:

Take the following actions:

- Award thirteen (13) four-year on-call engineering support

services contracts in substantially the same form as

Attachments 1 through 13 to the report to: Bellecci in a total

amount not to exceed of $1,000,000; BKF Engineers in a total

amount not to exceed $1,000,000; Wilsey Ham in a total

amount not to exceed $1,000,000; CSG Consultants in a total

amount not to exceed $1,000,000; Schaaf & Wheeler In a total

amount not to exceed $500,000; Siegfried in a total amount not

to exceed $500,000; Mark Thomas & Company in a total

amount not to exceed $500,000; Nichols Consulting Engineers

in a total amount not to exceed $500,000; Advanced Design

Consultants in a total amount not to exceed $400,000; Salas

O'Brien in a total amount not to exceed $400,000; Kimley Horn

& Associates in a total amount not to exceed $300,000; TJKM

Transportation Consultants in a total amount not to exceed

$300,000; and W-Trans in a total amount not to exceed

$300,000

- Authorize the City Manager to execute the contracts when all

necessary conditions have been met;

- Authorize the City Manager to increase the contracts up to

the budgeted amount;

- Authorize the City Manager to Extend the term of each

contract for up to one (1) additional one (1) year period based

upon available funding, need, acceptable pricing and service;

- Authorize the City Manager to modify each contract's

compensation schedule subject to negotiated pricing; and

- Finding of California Environmental Quality Act (CEQA)

Categorical exemption pursuant to CEQA Guidelines Section

15378 (a).

1.I

23-1103

Adopt a Resolution Amending the City's Salary Resolution and

Schedule of Pay to (1) Update Pay Rates for

Casual/Temporary Classifications to Reflect the January 1,

2024 Sunnyvale Minimum Wage of $18.55 per Hour, and (2)

Increase the Councilmember and Mayor Stipend Amounts

Pursuant to City Charter Section 605

Recommendation:

Adopt a Resolution amending the City's Salary Resolution and

Schedule of Pay to (1) update Pay Rates for

Casual/Temporary Classifications to reflect the January 1,

2024 Sunnyvale Minimum Wage of $18.55 per hour, and (2)

Increase the Councilmember and Mayor Stipend amounts

Pursuant to City Charter Section 605.

1.J

23-1107

Appoint Lee Lambert to the NOVA Workforce Board

Appoint Lee Lambert to the NOVA Workforce Board.

Recommendation:

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.

23-1120

Adopt a Resolution to Amend the General Plan by Adopting

the 2023-2031 Housing Element and Adopt a Negative

Declaration for the 2023-2031 Housing Element

Recommendation:

Alternative 1: Make the findings and adopt the Resolution in

Attachment 2 to the report to:

a. Adopt the Negative Declaration in Attachment 3 to the

report; and

b. Amend the General Plan by Adopting the 2023-2031

Housing Element as included as Exhibit A.

23-0588

Increase Construction Contingency by $3,600,000 from

$14,277,594 to $17,877,594 for the Civic Center Phase 1

Project and Authorize the City Manager or Designee to

Execute Change Order Number 254 in the Amount of

$4,394,208.92

Recommendation:

Increase Construction Contract Contingency with Hensel

Phelps Construction Co. by $3,600,000 from $14,277,594 to

$17,877,594 for the Civic Center Phase 1 Project and

authorize the City Manager or designee to execute Change

Order Number 254 in the amount of $4,394,208.92.

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

Call to Order

Call to Order in the Council Chambers

Roll Call

Oral Communications

This category provides an opportunity for members of the public to address the

City Council and 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

Mayor/Board Chair) with a maximum of up to three minutes per speaker. Please

note the Brown Act (Open Meeting Law) does not allow the City Council or Board

to take action on an item not listed on the agenda. If you wish to address the City

Council and 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.

4.A

23-1101

Approve Sunnyvale Financing Authority Meeting Minutes of

June 20, 2023

Recommendation:

Approve the Sunnyvale Financing Authority Meeting Minutes

of June 20, 2023 as submitted.

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.

23-0955

Receive and File the FY 2022/23 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 $32,787,289

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 2022/23 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 $23,853,572

Sunnyvale Financing Authority

3. Receive and File the FY 2022/23 Sunnyvale Financing

Authority Financial Report.

ADJOURN JOINT MEETING OF THE CITY COUNCIL AND SUNNYVALE FINANCING

AUTHORITY MEETING

RECONVENE TO CITY COUNCIL MEETING

PUBLIC HEARINGS/GENERAL BUSINESS CONTINUED

23-0791

Consider Amending the Employment Agreement between the

City of Sunnyvale and City Manager Kent Steffens to Increase

the City Manager’s Salary and Modify Certain Benefits

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

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.

23-1058

23-1093

23-1106

Tentative Council Meeting Agenda Calendar

Information/Action Items

Local Appointments List - Maddy Act (Information Only)

ADJOURNMENT

NOTICE TO THE PUBLIC

The agenda reports to council (RTCs) may be viewed on the City’s website at

sunnyvale.ca.gov after 7 p.m. on Thursdays or 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

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.