City of Sunnyvale

Notice and Agenda

City Council

Tuesday, February 6, 2024

5:00 PM

Online and Council Chambers, City Hall,

456 W. Olive Ave., Sunnyvale, CA 94086

Special Meeting: Closed Session - 5 PM | Special Meeting: Study 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.

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

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).

24-0227

Closed Session held pursuant to California Government Code

Section 54957:

PUBLIC EMPLOYEE APPOINTMENT

Title: City Attorney

Adjourn Special Meeting

6 P.M. SPECIAL COUNCIL MEETING (Study Session)

Call to Order

Call to Order in the Council Chambers

Roll Call

Study Session

The public may provide comments regarding the Study Session item(s). If you

wish to address the Council, please refer to the notice at the beginning of this

agenda.

24-0226

Update Regarding the Levine Act (California Government

Code 84308)

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

24-0087

SPECIAL ORDER OF THE DAY - Black History Month

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

24-0071

Approve City Council Meeting Minutes of December 12, 2023

Recommendation:

Approve the City Council Meeting Minutes of December 12,

2023 as submitted.

1.B

24-0079

Approve City Council Meeting Minutes of January 9, 2024

Recommendation:

Approve the City Council Meeting Minutes of January 9, 2024

as submitted.

1.C

24-0014

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.D

24-0016

Accept Fiscal Year 2023/24 Transportation Development Act

Article 3 Funding in the Amount of $160,000, and Approve

Budget Modification No. 12 to Appropriate the Grant Funding

to Fund a New Project - Install Sidewalk on Poplar Avenue

Recommendation:

Accept Fiscal year 2023/24 Transportation Development Act

Article 3 Funding in the amount of $160,000 from the

Metropolitan Transportation Commission and Approve Budget

Modification No. 12 to appropriate $160,000 to fund a new

project, Install Sidewalk on Poplar Avenue.

1.E

24-0150

Award of Six (6) Temporary Personnel Service Agreements

Totaling $2,200,000 for On-Call Temporary Staffing Services

for Plan Check, Inspections and Permitting Support Staff

Services for Community Development (F23-168)

Recommendation:

Take the following actions:

- Award six (6) three-year Temporary Personnel Service

Agreements to the following firms: 4Leaf, Inc. with a contract

amount not to exceed $400,000; BPR Consulting Group, Inc.

with a contract amount not to exceed $400,000; CSG

Consultants, Inc. with a contract amount not to exceed

$400.000; Shums Coda Associates, Inc. (SCA) with a contract

amount not to exceed $400,000; TRB & Associates Inc. with a

contract amount not to exceed $400,000; and Interwest, Inc.

with a contract amount not to exceed $200,000 in substantially

the formats shown in Attachments 1 to 6 to the report;

- Authorize the City Manager to execute the agreements when

all conditions have been met; and

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

amounts and to renew the contracts for up to two (2) additional

one-year periods, subject to available budget, need and if

pricing and services remain acceptable to the City.

1.F

24-0186

Amend an Existing Contract in the Amount to $419,916 with

Solitude Lake Management LLC, DBA Aquatic Environments

for On-Call Maintenance of Vegetation for the Water Pollution

Control Plant Ponds (F23-09) for a New Not-to-Exceed amount

of $839,832

Recommendation:

Take the following Actions:

- Authorize the City Manager to execute the first Amendment in

substantially the same form as Attachment 2 to the report, to

an existing Service Agreement with Solitude Lake

Management LLC, DBA: Aquatic Environments; and

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

amount and to extend the contract for three (3) additional

one-year periods, subject to available budget and if pricing

and services remain acceptable to the City.

1.G

24-0284

Review the City’s 2024 Code of Ethics and Conduct for

Elected and Appointed Officials

Recommendation:

Review and reaffirm the 2024 Code of Ethics and Conduct for

Elected and Appointed Officials with no changes from the

January 9, 2024 Code as set forth in Attachment 1 of the

report.

1.H

24-0285

Approve 2024 Board and Commission Annual Work Plans

Recommendation:

Approve the 2024 Work Plans as submitted.

1.I

24-0301

Adopt Ordinance No. 3223-24 to add By-Right Approvals

(Chapter 19.73) to the Sunnyvale Municipal Code, Designate

Parcels Subject to By-Right Approval, and Make Related

Amendments to Chapters 19.12 (Definitions), Zoning Districts

and Specific Plan Districts - Areas, Residential (19.18),

Commercial (19.20), Office and Public Facilities (19.24),

Downtown Specific Plan (19.28), Moffett Park Specific Plan

(19.29), Lawrence Station Area Plan (19.35), El Camino Real

Specific Plan (19.36), Inclusionary Below Market Rate

Ownership Housing Program (19.67), and Miscellaneous Plan

Permit (19.82)

Recommendation:

Adopt Ordinance No. 3223-24 to add By-Right Approvals

(Chapter 19.73) to the Sunnyvale Municipal Code, designate

parcels subject to By-Right Approval, and make related

amendments to Chapters 19.12 (Definitions), Zoning Districts

and Specific Plan Districts - Areas, Residential (19.18),

Commercial (19.20), Office and Public Facilities (19.24),

Downtown Specific Plan (19.28), Moffett Park Specific Plan

(19.29), Lawrence Station Area Plan (19.35), El Camino Real

Specific Plan (19.36), Inclusionary Below Market Rate

Ownership Housing Program (19.67), and Miscellaneous Plan

Permit (19.82)

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.

24-0069

Introduce an Ordinance to Amend Section 16.62.330

(Installation of Manufactured Homes section within the

Floodplain Management Chapter) of Chapter 16.62

(Floodplain Management) of Title 16 (Buildings and

Construction) of the Sunnyvale Municipal Code and Find that

the Action is Exempt from the California Environmental Quality

Act (CEQA) Pursuant to CEQA Guidelines Sections 15268 and

15308 and Public Resources Code Section 21080(b)(1)

Recommendation:

Alternative 1: Find that the action is exempt from the California

Environmental Quality Act (CEQA) pursuant to CEQA

Guidelines Sections 15268 and 15308 and Public Resources

Code Section 21080(b)(1) and introduce an Ordinance to

amend Section 16.62.330 (Installation of Manufactured Homes

section within the Floodplain Management Chapter) of Chapter

16.62 (Floodplain Management) of Title 16 (Buildings and

Construction) of the Sunnyvale Municipal Code (Attachment 1

to the report).

24-0255

Adopt Positions on State and Local Ballot Measures for the

March 5, 2024 Election

Recommendation:

Alternative 1:

Adopt the following staff-recommended positions on the ballot

measures deemed City business, including any items where

staff recommends Council remain neutral (take no position).

SUPPORT - Measure C - Sunnyvale School District School

Bonds 55% Vote

TAKE NO POSITION - Proposition 1 - Authorizes $6.38 Billion

in Bonds to Build Mental Health Treatment Facilities for Those

With Mental Health and Substance Use Challenges; Provides

Housing for the Homeless. Legislative Statute.

24-0230

Adopt a Resolution Amending the City's Salary Resolution and

the Schedule of Pay to Increase the Salary Range for the

Director of NOVA Workforce Services

Recommendation:

Alternative 1: Adopt a Resolution amending the City's Salary

Resolution and Schedule of Pay to increase the Salary Range

for the Director of NOVA Workforce Services.

24-0282

Adopt a Resolution and Approve an Amendment to Housing

Assistance Agreement for City Manager Kent Steffens

Extending the Home Loan Repayment Term

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.

Tentative Council Meeting Agenda Calendar

Board/Commission Meeting Minutes

Information/Action Items

Mayoral Announcement of Mayoral Appointment of

Councilmembers to Intergovernmental Assignments

(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.

Upcoming Meetings

Visit https://sunnyvaleca.legistar.com for upcoming Council, board and

commission meeting information.