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)
6:00 PMTuesday, February 14, 2023
Special Meeting: Study Session 6 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, 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 February 7, 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 https://sunnyvaleca.legistar.com/calendar.aspx or
February 14, 2023City Council Notice and Agenda
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)).
6 P.M. SPECIAL COUNCIL MEETING (Study Session)
Call to Order
Call to Order via teleconference and 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.
Human Relations Commission 2023 Annual Work Plan23-0322A 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 and in the Council Chambers.
SALUTE TO THE FLAG
ROLL CALL
February 14, 2023City Council Notice and Agenda
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 City Council Meeting Minutes of January 24, 202323-00791.A Recommendation: Approve the City Council Meeting Minutes of January 24, 2023 as submitted.
Approve City Council Meeting Minutes of January 26, 2023 (Strategic Planning Workshop)
23-01231.B
Recommendation: Approve the City Council Meeting Minutes of January 26, 2023 as submitted.
Approve the List(s) of Claims and Bills Approved for Payment by the City Manager
23-02631.C
Recommendation: Approve the list(s) of claims and bills.
Receive and File the City of Sunnyvale Investment Report - Fourth Quarter 2022
23-01811.D
Recommendation: Receive and file the City of Sunnyvale Investment Report - Fourth Quarter.
Adopt a Resolution to Amend the Classification Plan and the City’s Salary Resolution to Update the Schedule of Pay to add the Classification of Principal Payroll Analyst
23-03211.E
February 14, 2023City Council Notice and Agenda
Recommendation: Adopt a Resolution to Amend the Classification Plan to Add the New Classification of Principal Payroll Analyst and the City's Salary Resolution to Make Corresponding Updates to the
Schedule of Pay.
Adopt a Resolution Amending the City’s Salary Resolution and Schedule of Pay to Increase Salaries for Pay Plan Category A (Communication Officers Association) Effective February 19, 2023
23-03241.F
Recommendation: Adopt a Resolution Amending the City's Salary Resolution and Schedule of Pay to Increase Salaries for Pay Plan Category A (Communication Officers Association) effective February 19, 2023.
Award of Contract to Spencon Construction, Inc. for ADA Curb Retrofits (CDBG) 2023, Finding of California Environmental Quality Act (CEQA) Exemption Pursuant to CEQA Guidelines Section 15301 (c), and Determination of Bidder
Non-responsiveness (PW23-13)
23-01521.G
Recommendation: Take the following actions:
- Make a determination that the bid received from Itech Solution is non-responsive;
- Make a finding of categorical exemption from the California Environmental Quality Act pursuant to California
Environmental Quality Act Guidelines Section 15301(c);
- Award a contract in substantially the same form as
Attachment 2 to the report in the amount of $327,005.00 to Spencon Construction, Inc.;
- Authorize the City Manager to execute the contract when all necessary conditions have been met; and
- Approve a 20% contingency in the amount of $65,401.
Adopt a Resolution to Convert Booker Avenue Between
Mathilda Avenue and Aries Way from a Two-Way Street to a One-Way Street
23-00371.H
Recommendation: Adopt a Resolution to convert Booker Avenue between Mathilda Avenue and Aries Way from a two-way street to a one-way street.
Review and Approval of City’s 2023 Code of Ethics and 23-02381.I
February 14, 2023City Council Notice and Agenda
Conduct for Elected and Appointed Officials
Recommendation: Review and approve the 2023 Code of Ethics and Conduct for Elected and Appointed Officials with no changes from the 2022 Code as set forth in Attachment 1 of the report.
Adopt Ordinance No. 3210-23 Amending Table 19.36.060B of Chapter 19.36 (El Camino Real Specific Plan District) of Title 19 (Zoning) of the Sunnyvale Municipal Code Related to Auto Sales or Rental in ECR-MU Zoning Districts
23-03441.J
Recommendation: Adopt Ordinance No. 3210-23 amending Table 19.36.060B of Chapter 19.36 (El Camino Real Specific Plan District) of Title 19 (Zoning) of the Sunnyvale Municipal Code related to Auto Sales or Rental in ECR-MU Zoning Districts.
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 Project: Adopt a Resolution for a:
SPECIFIC PLAN AMENDMENT to modify Block 20 of the
Downtown Specific Plan to allow additional residential units and office square footage, and associated modifications to design guidelines and development standards; and
GENERAL PLAN AMENDMENT to reflect increases in
Projected Build-out in the Land Use and Transportation
Element (LUTE).
Location: 510 and 528 S. Mathilda Avenue (APNs:209-29-060 and 061), and 562 and 568 S. Mathilda Avenue
(APNs:209-29-057 and 067)
File #: 2018-7585
Zoning: DSP (Block 20)
Applicant / Owner: Shawn Karimi, Karimi Shahriar Trustee, (applicant and owner 510 and 528 S. Mathilda Avenue) and Sam Cloud Barn LLC (Shawn Taheri) (applicant and owner
562 and 568 S. Mathilda Avenue)
Environmental Review: Addendum to the Downtown Specific Plan Amendments Final Environmental Impact Report for the Block 20 Area Project.
23-03302
February 14, 2023City Council Notice and Agenda
Project Planner: Margaret Netto, (408) 730-7628,
[email protected]
Recommendation: Alternatives 1 and 2: 1) Accept the Addendum to previously certified 2020 Downtown Specific Plan Environmental Impact Report pursuant to California Environmental Quality Act Guidelines Section 15162 (Attachment 4 to the report); and, 2) Adopt a Resolution to amend the General Plan and Downtown Specific Plan (Attachment 5), Approve the Downtown Specific Plan Amendments for Block 20 (Attachment 4, Appendix A), and Adopt a Resolution to amend Figure 3-2 in the Land Use and Transportation Element of the General Plan (Attachment 5 to the report).
Award of Contract to Walsh Construction Company II, LLC for the Water Pollution Control Plant Rehabilitation Project (PW22-19), Approve an Amendment to Contract for Psomas
for Program Management at the Water Pollution Control Plant, and Approve Budget Modification No. 13 in the Amount of $25,959,709
23-01663
Recommendation: Alternative 1:
1. Authorize the City Manager to take the following actions:
- Award a construction contract in substantially the same form as Attachment 2 to the report in the amount of $64,390,000 to Walsh Construction Company II, LLC, of Chicago;
- Authorize the City Manager to execute the construction contract when all necessary conditions have been met;
- Approve a 10% construction contingency in the amount of $6,439,000;
- Approve the Ninth Amendment to the Consultant Services Agreement with Psomas, in substantially the same form as Attachment 4 to the report, increase the not to exceed contract amount by $6,462,575 to $36,429,124.
- Authorize the City Manager to execute the Ninth Amendment to the Consultant Services Agreement when all necessary conditions have been met;
- Approve a 10% contingency in the amount of $646,258; and - Approve Budget Modification No. 13 in the amount of
$25,959,709 to provide additional funding for this project.
Adopt a Resolution Amending the City's Salary Resolution and 23-01724
February 14, 2023City Council Notice and Agenda
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.
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 Calendar23-0252
Board/Commission Meeting Minutes23-0261
Information/Action Items23-0262
Board/Commission Resignations (Information Only)23-0287
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
February 14, 2023City Council Notice and Agenda
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?
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.