City Council
City of Sunnyvale
Notice and Agenda - Revised
Telepresence Meeting: City Web Stream |
Comcast Channel 15 | AT&T Channel 99
5:00 PMTuesday, August 30, 2022
Special Meeting: Closed Session - 5 PM | Special Meeting: Study Session - 5:30 PM | Regular Meeting - 7 PM | Regular Meeting: Sunnyvale Financing Authority - 7 PM (or soon thereafter)
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 August 9, 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
August 30, 2022City Council Notice and Agenda - Revised 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)).
5 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: Service Employees International Union (SEIU)
22-0752A
Adjourn Special Meeting
5:30 P.M. SPECIAL COUNCIL MEETING (Study Session)
Call to Order
Call to Order via teleconference.
Roll Call
Study Session
August 30, 2022City Council Notice and Agenda - Revised 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.
Discussion Regarding Potential Gun Safety Measures in
Sunnyvale
22-0114B
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
Hispanic Heritage Month22-0815C
National Library Card Sign-Up Month22-0906D
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
August 30, 2022City Council Notice and Agenda - Revised 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 City Council Meeting Minutes of August 9, 202222-01121.A Recommendation: Approve the City Council Meeting Minutes of August 9, 2022 as submitted.
Approve City Council Meeting Minutes of August 16, 2022 (Board and Commission Interviews | Consider Development Agreement and Special Development Permit)
22-05741.B
Recommendation: Approve the City Council Meeting Minutes of August 16, 2022 as submitted.
Approve City Council Meeting Minutes of August 22, 2022 (Consider Canceling Council District 1 Election)
22-01581.C
Recommendation: Approve the City Council Meeting Minutes of August 22, 2022 as submitted.
Approve the List(s) of Claims and Bills Approved for Payment by the City Manager
22-01851.D
Recommendation: Approve the list(s) of claims and bills.
Receive and File the City of Sunnyvale Investment Report - Second Quarter 2022
22-06811.E
Recommendation: Receive and file the City of Sunnyvale Investment Report - Second Quarter.
Adopt a Resolution to Summarily Vacate Slope Easement at 1100 North Mathilda Avenue
22-07191.F
Recommendation: Adopt the Resolution to summarily vacate the 15-foot wide slope easement at 1100 North Mathilda Avenue; and authorize and direct the City Clerk to record a certified copy of the Resolution, attested by the City Clerk under seal, with the Santa Clara County Recorder's Office.
Designate a Voting Delegate and Alternate for the 2022
League of California Cities Annual Conference
22-05771.G
August 30, 2022City Council Notice and Agenda - Revised Recommendation: Approve the Mayor's nomination of himself as the Voting Delegate and Councilmember Russ Melton as Alternate.
Appoint Jean Cohen, Brian Murphy, Mrinalini Vittal and
Theresa Woo to the NOVA Workforce Board
22-08131.H
Recommendation: Appoint Jean Cohen, Brian Murphy, Mrinalini Vittal and Theresa Woo 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
22-08391.I
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. 1139-22 adopted on August 9, 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 Ordinance No. 3197-22 to Approve and Adopt a
Development Agreement between the City of Sunnyvale and Gary Thon-Lon Hon and Nichole Ying Lin Hon, as trustees of the Hon Family Trust and Edward H. Leone Jr. LLC, and the City of Sunnyvale for the development of property identified by assessor’s parcel numbers 209-28-008 and 209-28-052 and commonly known as 355 W. Olive Avenue and 480 S. Mathilda 22-08841.J
August 30, 2022City Council Notice and Agenda - Revised Avenue.
Recommendation: Adopt Ordinance No. 3197-22 Approve and Adopt a Development Agreement between the City of Sunnyvale and Gary Thon-Lon Hon and Nichole Ying Lin Hon, as trustees of the Hon Family Trust and Edward H. Leone Jr. LLC, and the City of Sunnyvale for the development of property identified by assessor's parcel numbers 209-28-008 and 209-28-052 and commonly known as 355 W. Olive Avenue and 480 S. Mathilda Avenue.
ADJOURNMENT TO REGULAR MEETING OF THE SUNNYVALE FINANCING
AUTHORITY
7 P.M. (OR SOON THEREAFTER) REGULAR MEETING OF THE SUNNYVALE
FINANCING AUTHORITY
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 Financing Authority will take place by teleconference, as allowed by Government Code Subdivision 54953(e) and Resolution No. 1105-22FA (reaffirmed August 9, 2022).
Call to Order
Call to Order via teleconference.
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
August 30, 2022City Council Notice and Agenda - Revised 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 August 9, 2022
22-08402.A
Recommendation: Approve the Sunnyvale Financing Authority Meeting Minutes of August 9, 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 22-08412.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. 1139-22 adopted on August 9, 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.
ADJOURN SUNNYVALE FINANCING AUTHORITY MEETING
August 30, 2022City Council Notice and Agenda - Revised
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.
Selection of the Mary Avenue Underpass with Jughandle
Option and the Sunnyvale Avenue Underpass Tunnel Option to be Defined as the Proposed Projects for the Grade
Separation of Crossings of the Caltrain Railroad Tracks for the Environmental Review
22-00413
Recommendation: Alternative 2: Selection of the Mary Avenue Underpass with Jughandle option to be defined as the Proposed Project for the grade separation of the Mary Avenue crossing of the Caltrain railroad tracks for the Environmental Review.
Alternative 3: Selection of the Sunnyvale Avenue Underpass Tunnel option to be defined as the Proposed Project for the grade separation of the Sunnyvale Avenue crossing of the Caltrain railroad tracks for the Environmental Review.
Appoint Applicants to the Arts Commission, Board of Building Code Appeals and Heritage Preservation Commission
22-00434
Recommendation: Alternative 2: Postpone the appointment to the Board of Building Code Appeals until the City Council considers the Council Subcommittee on Boards and Commission's
recommendation to disband the Board of Building Code
Appeals and appoint qualified applicants to the remaining boards and commissions as determined by the Council. Staff makes no recommendation regarding appointments to the
boards and commissions.
COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
NON-AGENDA ITEMS & COMMENTS
August 30, 2022City Council Notice and Agenda - Revised -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 Calendar22-0747
Board/Commission Meeting Minutes22-0748
Information/Action Items22-0792
Boards and Commissions Semi-Annual Attendance Report,
January to June 2022 (Information Only)
22-0809
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
August 30, 2022City Council Notice and Agenda - Revised 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.