City Council
City of Sunnyvale
Notice and Agenda
Online and Council Chambers, City Hall,
456 W. Olive Ave., Sunnyvale, CA 94086
(607 All America Way for map directions)
7:00 PMTuesday, February 7, 2023
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, 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 January 10, 2023).
Public Participation
• In-person participation: You may provide public comment by filling out a speaker card (optional) and giving it to the City Clerk.
• 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 [email protected] or by mail to:
City Clerk, 603 All America Way, Sunnyvale, CA 94086
• Review recordings of this meeting and past meetings at
February 7, 2023City Council Notice and Agenda
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)).
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
SPECIAL ORDER OF THE DAY
African American History Month23-0286A
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.
February 7, 2023City Council Notice and Agenda
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
23-00191.A
Recommendation: Approve the list(s) of claims and bills.
Award of Consultant Services Agreement to MNS Engineers, Inc. for the Rehabilitation of the City’s Sanitary Sewer Collection System (F23-037)
23-01511.B
Recommendation: Take the following actions:
- Award a Consultant Services Agreement in substantially the same form as Attachment 1 to the report in an amount
not-to-exceed $619,304, to MNS Engineers, Inc. of San Jose for design and construction support services for the City's sanitary sewer collection system rehabilitation project; - Approve a 10% a contingency in the amount of $61,930; and - Authorize the City Manager to execute the contract when all necessary conditions have been met.
Award of Contract to Van Dyk Recycling Solutions for SMaRT Station® Source Separated Organics Handling and
Processing System Upgrade (F22-156)
23-00891.C
Recommendation: Take the following actions
- Approve a Services Agreement in substantially the same form as Attachment 1 to the report in an amount not to exceed $2,574,588 to Van Dyk Recycling Solutions for the Source Separated Organics Handling and Processing System.
- Authorize the City Manager to Execute the Agreement when all conditions have been met.
- Approve a 4% contingency in an amount of $102,983
Reject All Bids Received for the Community Center
Renovations for the Department of Public Safety (PW23-09) 23-01631.D
February 7, 2023City Council Notice and Agenda
Recommendation: Reject all bids received in response to Invitation for Bids PW23-09 Community Center Renovations for Department of
Public Safety.
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
23-02051.E
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. 1162-22 adopted on December 13, 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
23-00941.F
Recommendation: Adopt a Resolution Extending the City Manager/Director of Emergency Services' Proclamation of Existence of a Local Emergency (COVID-19) and Terminating the Local Emergency on February 28, 2023, if the State COVID-19 Emergency
Declaration Ends
ADJOURNMENT TO REGULAR MEETING OF THE SUNNYVALE FINANCING
AUTHORITY
February 7, 2023City Council Notice and Agenda
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 January 10, 2023).
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 January 10, 2023
23-02062.A
Recommendation: Approve the Sunnyvale Financing Authority Meeting Minutes of January 10, 2023 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 23-02072.B
February 7, 2023City Council Notice and Agenda
Financing Authority During the COVID-19 State of Emergency 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. 1162-22 adopted on December 13, 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.
ADJOURN 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 Permanent Closure of the 100 Block of South
Murphy Avenue (Study Issue), Adopt a Resolution of Intent to Establish a Pedestrian Mall, Adopt a Resolution Directing the City Manager to Temporarily Close the 100 Block of South Murphy Avenue until December 31, 2023, through the
Issuance of a Special Event Permit, and Update Council Policy
1.1.10 (Use of the Public Sidewalk and Street of the 100 Block of South Murphy Avenue)
23-01443
February 7, 2023City Council Notice and Agenda
Recommendation: Alternatives 1, 2, 3 and 4: 1) Adopt a Resolution of Intent to Establish a Pedestrian Mall on the 100 Block of South Murphy Avenue and Set a Public Hearing for May 16, 2023; 2) Adopt a Resolution Directing the City Manager to Extend the Closure of Murphy Avenue until December 31, 2023, through the
Issuance of a Special Event Permit in accordance with
Sunnyvale Municipal Code Chapter 9.45 and Vehicle Code
Section 21101(e); 3) Direct Staff to Return With a Project to Regrade Existing Parking Bays on Murphy Avenue (Option 3) and Use Funds From the City's Community Benefits Fund for Project; and 4) Update Council Policy 1.1.10 (Use of the Public Sidewalk and Street of the 100 Block of South Murphy Avenue).
Update on the Temporary Eastbound Tasman Lane Closure
and Consideration to Extend the Closure Duration
23-00014
Recommendation: Alternative 1: Extend the duration of the existing temporary eastbound Tasman Avenue lane closure until June 30, 2023 subject to previously identified traffic volume, congestion and safety triggers.
Introduce an Ordinance to Amend Chapter 19.36 of Title 19 of the Sunnyvale Municipal Code to Modify Table 19.36.060B Permitted, Conditionally Permitted, and Prohibited Uses in El Camino Real Specific Plan (ECRSP) Zoning Districts to
Conditionally Permit Auto Sales or Rental in ECR-MU Zoning Districts and Find That this Action is Within the Scope of the Program EIR for the El Camino Real Specific Plan Pursuant to CEQA Guidelines Section 15168 (Planning File #2022-7790) 23-02595
Recommendation: Alternative 1: Introduce an Ordinance (Attachment 2 to the report) to Amend Chapter 19.36 of Title 19 of the Sunnyvale Municipal Code to Modify Table 19.36.060B Permitted,
Conditionally Permitted, and Prohibited Uses in ECRSP
Districts to conditionally permit Auto sales or rental in ECR-MU zoning districts and find that this action is within the scope of the program EIR for the El Camino Real Specific Plan pursuant to California Environmental Quality Act Guidelines Section 15168.
February 7, 2023City Council Notice and Agenda
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 Calendar23-0077
Board/Commission Meeting Minutes23-0025
Information/Action Items23-0078
Notice of Public Works Director’s Decision on Final Maps (Information Only)
23-0285
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
February 7, 2023City Council Notice and Agenda
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.