City Council
City of Sunnyvale
Notice and Agenda
Telepresence Meeting: City Web Stream |
Comcast Channel 15 | AT&T Channel 99
5:30 PMTuesday, June 28, 2022
Special Meeting: Closed Session - 5:30 PM | Regular Meeting - 7 PM Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/96111580540 Special Teleconference Notice
Because of the COVID-19 emergency and the “shelter in place” orders issued by Santa Clara County and the State of California, this meeting of the Sunnyvale City Council will take place by teleconference, as allowed by Government Code Subdivision 54953(e) and Resolution No. 1089-21 (reaffirmed June 21, 2022) Public Participation
• 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 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
June 28, 2022City Council Notice and Agenda
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)).
5:30 P.M. SPECIAL COUNCIL MEETING (Closed Session)
Call to Order
Call to Order via teleconference.
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
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: Sunnyvale Employees’ Association (SEA)/IFPTE Local 21
22-0484A
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: Service Employees International Union (SEIU)
22-0608B
Closed Session Held Pursuant to California Government Code Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Ad Hoc Committee on City Attorney Compensation
22-0460C
June 28, 2022City Council Notice and Agenda
Members: Council Member Names
Unrepresented Employee: 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 via teleconference.
ROLL CALL
CLOSED SESSION REPORT
SPECIAL ORDER OF THE DAY
Parks and Recreation Month22-0442D
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 22-01811.A
June 28, 2022City Council Notice and Agenda
by the City Manager
Recommendation: Approve the list(s) of claims and bills.
Approve Budget Modification No. 25 to Appropriate $383,423 in Caltrans Sustainable Transportation Planning Grant Funds and $49,677 from the Capital Projects Fund to Study
Improvements to Bike and Pedestrian Access at Sunnyvale Caltrain Station, and Adopt a Resolution to Authorize the City Manager to Execute All Grant-Related Documents with the California Department of Transportation for the Project 22-05731.B
Recommendation: Approve Budget Modification No. 25 to Appropriate $383,423 in Caltrans Sustainable Transportation Planning Grant and $49,677 from the Community Benefits sub-fund in the Capital Projects Fund to Study Improvements to Bike and Pedestrian Access at Sunnyvale Caltrain Station and Adopt a Resolution to Authorize the City Manager to Execute All Grant-Related Documents with the California Department of Transportation for the Project.
Update on Department of Public Safety FY 2021/22 Operating Expenditures and Approve Budget Modification No. 27 in the Amount of $1,000,000
22-06921.C
Recommendation: Approve Budget Modification No. 27 in the amount of $1,000,000 and allow Program 12200 to exceed its
appropriation authority to the extent that other DPS programs have available funding.
Accept a California State Library Stronger Together: Early Learning Grant Funds for a Sunny Place for Growing Readers Project in the Amount of $88,316 and Approve Budget
Modification No. 23 to Appropriate the Funding
22-06671.D
Recommendation: Alternative 1: Accept a California State Library Stronger Together: Early Learning Grant Funds for a Sunny Place for Growing Readers Project in the Amount of $88,316 and
Approve Budget Modification No. 23 to Appropriate the
Funding
Award of Contract to V&A Consulting Engineers Inc. for
Refurbishment of Water Tanks at Various Water Plants
(F21-165)
22-03401.E
June 28, 2022City Council Notice and Agenda
Recommendation: - Award a contract in substantially the same form as Attachment 1 to the report in the not-to-exceed amount of $554,336.00 to V&A Consulting Engineers Inc.;
- Authorize the City Manager to execute the contract when all necessary conditions have been met, and
- Approve a 10% contingency in the not-to-exceed amount of $55,434.00
Award of Contract to St. Francis Electric LLC for Traffic Signal Upgrades Project, Finding of CEQA Categorical Exemption, and Approval of Budget Modification No. 26 (PW22-02)
22-06121.F
Recommendation: Take the following actions:
- Award a contract in substantially the same form as
Attachment 2 to the report in the amount of $2,396,000.00 to St. Francis Electric LLC. of San Leandro;
- Authorize the City Manager to execute the contract when all necessary conditions have been met;
- Approve a 10% construction contingency in the amount of $239,600;
- Make a finding of categorical exemption from the California Environmental Act (CEQA) pursuant to CEQA Guideline
15301(c); and
- Approve Budget Modification No. 26 in the amount of
$163,000.
Authorize City Manager to Execute Easement Deed With
Pacific Gas and Electric Company (PG&E) Over a Portion of City Owned Parcel, Known as the Civic Center (APN
165-03-007)
22-01131.G
Recommendation: Authorize City Manager to Execute Easement Deed with Pacific Gas and Electric Company for public utility purposes, in substantially the same form as in Attachments 1 of the report, Authorize the Purchase of Twelve (12) Interceptor Service Vehicles From National Auto Fleet Group (F22-144)
22-06161.H
Recommendation: Authorize the City Manager to issue a purchase order in a total amount of $575,897.88 (including tire fees and estimated sales tax), to National Auto Fleet Group for twelve (12) Interceptor service vehicles.
June 28, 2022City Council Notice and Agenda
Adopt a Resolution Amending the City’s Salary Resolution and Schedule of Pay to Increase Salaries for Pay Plan Category C (Public Safety Officers’ Association) and Pay Plan Category M (Public Safety Managers’ Association) Effective July 10, 2022. 22-06401.I
Recommendation: Adopt a Resolution Amending the City's Salary Resolution and the Schedule of Pay to Increase Salaries for Pay Plan
Category C (Public Safety Officers Association) and Pay Plan Category M (Public Safety Managers Association) Effective July 10, 2022.
Adopt a Resolution Extending the City’s Declaration of Local Emergency for COVID-19
22-05781.J
Recommendation: Adopt a Resolution Extending the City Manager/Director of Emergency Services' Proclamation of Existence of a Local Emergency (COVID-19).
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.
Proposed Utility Rate Increases for FY 2022/23 Rates for Water, Wastewater, and Solid Waste Utilities for Service Provided to Customers Within and Outside City Boundaries; Finding of California Environmental Quality Act (CEQA)
Exemption Pursuant to Public Resource Code Section
21080(b)(8) and CEQA Guidelines Section 15273
22-04532
June 28, 2022City Council Notice and Agenda
Recommendation: Alternatives 1 and 2: Alternative 1: Find that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(8) and CEQA Guidelines Section 15273 because it approves rates and charges for the purposes of (1) meeting operating
expenses, including employee wage rates and fringe benefits; (2) purchasing or leasing supplies, equipment or materials; (3) meeting financial reserve needs and requirements; and (4) obtaining funds for capital projects necessary to maintain current service levels; and Alternative 2: Adopt a resolution increasing water rates by 3%, wastewater rates by 3%, and solid waste rates by 5% for FY 2022/23.
Proposed Project:
Consider actions related to the El Camino Real Specific Plan (ECRSP):
A. Adopt a Resolution (Attachment 6) to:
· Certify the Environmental Impact Report (EIR); Make the findings required by the California Environmental Quality Act (CEQA); Adopt the Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program; Adopt the Water Supply Assessment; Adopt the ECRSP
· Repeal the Precise Plan for El Camino Real;
· Amend the General Plan and update the General Plan Map; and
· Adopt the ECRSP Community Benefits/Incentives Program (CBP).
B. Adopt a Resolution (Attachment 7) to:
· Amend the Fiscal Year 2022/23 Master Fee Schedule to
add the ECRSP Maintenance Fee and ECRSP Transportation
Impact Fee (TIF).
C. Introduce an Ordinance (Attachment 8) to:
· Amend Sunnyvale Municipal Code (SMC)
Chapters/Sections: 19.12 (Definitions), 19.16.020 (Zoning Districts-Creation); 19.34.040(c) (Front yard- Average and reduction); 19.34.060(b)(2) (Vision Triangles); 19.44 (Sign Code), 19.46.100 (Shared Parking); 19.54 (Wireless
Telecommunication Facilities); 19.56 (Solar Energy Systems); and 19.90.010 (Special Development Permits - Purpose).
· Add SMC Chapters: 19.36 (El Camino Real Specific Plan 22-06943
June 28, 2022City Council Notice and Agenda
District) to Title 19 (Zoning) and 3.54 (ECRSP Transportation Impact Fee) to Title 3 (Revenue and Finance);
· Repeal SMC Chapters/Sections: 19.08 (Grant of
Landscape Easements Along El Camino Real and Mathilda
Avenue) and 19.26.140-170 (Precise Plan for El Camino Real) of Chapter 19.26 (Combining Districts) in Title 19 (Zoning); and
· Amend the Zoning Plan Districts Map and re-zone parcels currently within the new ECRSP district.
D. Introduce an Ordinance (Attachment 9) to: Re-Zone Certain Properties Located at 510, 530, 550, And 570 Fall River Terrace From C2/PD (Highway Business/Planned
Development) To R-3/PD (Medium Density
Residential/Planned Development), and find that the Action is Exempt from CEQA.
E. Introduce an Ordinance (Attachment 10) to: Re-Zone
Certain Properties Located at 1075, 1079, 1080, 1083, 1084, 1087, and 1088 Ed Roth Terrace From C2/ECR (Highway
Business/El Camino Real) To R-3/PD (Medium Density
Residential/Planned Development), and Find that the Action is Exempt from CEQA.
Location: Existing Plan: Precise Plan for El Camino Real File number: 2014-7432 (El Camino Real Specific Plan)
General Plan Designation:
Existing: Corridor Mixed Use; Commercial; High Density
Residential
Proposed: El Camino Real Specific Plan; Medium Density
Residential; High Density Residential
Zoning:
Existing: C2/ECR and R-3/ECR and R4/ECR, O/ECR and
PF/ECR
Proposed ECRSP Zoning Districts: El Camino Real -
Commercial (ECR-C); El Camino Real - Mixed Use (ECR-MU); El Camino Real - Office (ECR-O); El Camino Real - Public Facilities (ECR-PF); El Camino Real - Medium Density
Residential (ECR-R3); and, El Camino Real - High Density Residential (ECR-R4).
Applicant: City of Sunnyvale
Environmental Review (SCH # 2017102082): Adopt a
June 28, 2022City Council Notice and Agenda
resolution to make findings required by CEQA, certify the EIR, and adopt a Statement of Overriding Considerations and
Mitigation Monitoring and Reporting Program.
Project Planner: Jeffrey Cucinotta, 408-730-7424,
[email protected]
Recommendation: Alternative 1: Approve related actions associated with adoption of the El Camino Real Specific Plan (ECRSP) which are to adopt 2 resolutions and introduce 3 ordinances (Attachments 6, 7, 8, 9 and 10 to this report).
Receive Real Property Transfer Tax Polling Results and
Provide Direction to Staff on Next Steps
22-06594
Recommendation: Staff makes no recommendation. Results of the polling are inconclusive and the question of whether there would likely be majority support falls within the margin of error for the survey given the sample size. The polling results do not indicate a high likelihood of either passage or failure.
Appoint Applicant to the Personnel Board22-06955
Recommendation: Staff makes no recommendation.
Approve a Memorandum of Understanding between the City of Sunnyvale and the Sunnyvale Public Safety Managers
Association (PSMA), and Adopt a Resolution Amending the City's Salary Resolution and the Schedule of Pay to Increase Salaries for Pay Plan Category M (Public Safety Captains and Public Safety Deputy Chiefs)
22-06696
Recommendation: Alternative 1: Authorize the City Manager to Execute the Memorandum of Understanding between the City of Sunnyvale and the Sunnyvale Public Safety Managers Association, and Adopt a Resolution Amending the City's Salary Resolution and the Schedule of Pay to Increase Salaries for Pay Plan
Category M (Public Safety Captains and Public Safety Deputy Chiefs).
COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
NON-AGENDA ITEMS & COMMENTS
June 28, 2022City Council Notice and Agenda
-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.
Board/Commission Meeting Minutes22-0653
Information/Action Items22-0654
Tentative Council Meeting Agenda Calendar22-0613
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 Chamber 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 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?
June 28, 2022City Council Notice and Agenda
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.