City Council
City of Sunnyvale
Notice and Agenda
Online and Conference Room,
Washington Community Swim Center,
255 S. Pastoria Ave.,
Sunnyvale, CA 94086
5:45 PMTuesday, March 21, 2023
Special Meeting: Closed Session - 5:45 PM | Special Meeting: Special Order of the Day - 6:45 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.
• 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 NOTE, this meeting will not be televised
• 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, 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
March 21, 2023City 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)).
5:45 P.M. SPECIAL COUNCIL MEETING (Closed Session)
Call to Order
Call to Order via teleconference and in the Washington Community Swim Center - Conference Room (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
(Closed to the Public)
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 Managers’ Association
(SMA)
23-0229A
Adjourn Special Meeting
6:45 P.M. SPECIAL COUNCIL MEETING (Special Order of the Day) Call to Order
Call to Order via teleconference and in the Washington Community Swim Center - Conference Room.
Roll Call
March 21, 2023City Council Notice and Agenda
Special Order of the Day
The public may provide comments regarding the Special Order of the Day item(s).
If you wish to address the Council, please refer to the notice at the beginning of this agenda.
Recognition of Santa Clara Valley Science and Engineering Fair Association (SCVSEFA) Award Winners
23-0349B
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 Washington Community Swim Center - Conference Room.
SALUTE TO THE FLAG
ROLL CALL
CLOSED SESSION REPORT
SPECIAL ORDER OF THE DAY
Ceremonial Oath of Office for Board and Commission
Members
23-0073C
Fair Housing Month23-0363D
Arbor Day Celebration23-0362E
Earth Month23-0364F
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
March 21, 2023City Council Notice and Agenda
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 by the City Manager
23-02651.A
Recommendation: Approve the list(s) of claims and bills.
Adopt a Resolution to Amend the Classification Plan and the City’s Salary Resolution to Add the Classification of Senior Legal Secretary and Update the Schedule of Pay
23-04351.B
Recommendation: Adopt a Resolution to Amend the Classification Plan and the City's Salary Resolution to Add the New Classification of Senior Legal Secretary and Make Corresponding Updates to the Schedule of Pay Effective April 2, 2023.
Award of Contract to Bear Electrical Solutions, Inc. for a New Traffic Signal at Wolfe Road and Dartshire Way, Finding of California Environmental Quality Act (CEQA) Exemption
Pursuant to CEQA Guidelines Section 15301(c), and Approval of Budget Modification No. 15 in the amount of $351,827 (PW23-18)
23-03201.C
March 21, 2023City Council Notice and Agenda
Recommendation: Take the following actions:
- Award a contract in substantially the same form as
Attachment 2 to the report in the amount of $910,990.40 to Bear Electrical Solutions, Inc.;
- Approve a 10% construction contingency in the amount of $91,099.00;
- Authorize the City Manager to execute the contract when all necessary conditions have been met;
- Make a finding of a categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA
Guidelines Section 15301(c); and
- Approve Budget Modification No. 15 in the amount of
$351,827.
Award of Contract to Sposeto Engineering, Inc. for East Sunnyvale Area Sense of Place Re-Bid, Finding of Exemption from the California Environmental Quality Act (CEQA)
Pursuant to CEQA Guidelines Section 15301(c), and Approve Budget Modification No. 16 in the Amount of $93,500
(PW23-14)
23-03321.D
Recommendation: Take the following actions:
- Award a contract in substantially the same form as
Attachment 2 to the report in the amount of $2,899,710 to Sposeto Engineering, Inc.;
- Make a finding of categorical exemption from the California Environmental Quality Act pursuant to California
Environmental Quality Act Guidelines Section 15301(c);
- Authorize the City Manager to execute the contract when all necessary conditions have been met;
- Approve a 10% contingency in the amount of $289,971; and - Approve of Budget Modification No. 16 in the amount of $93,500.
Approve Local Plan Modification for NOVA and Regional Plan Modification for Bay-Peninsula Regional Planning Unit
23-04101.E
Recommendation: Approve the Local Plan Modification for NOVA and the Regional Plan Modification for the Bay-Peninsula Regional Planning Unit.
March 21, 2023City Council Notice and Agenda
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.
Confirm the Preferred Alignment of the Stevens Creek Trail from Remington Drive to Fremont Avenue Segment Consisting of an Off-street Trail Along the Creek with two Connections at Fremont Avenue on Both Sides of State Route 85 (SR85) with the Adjustments Due to Changes in Creek Conditions
23-00292
Recommendation: Alternative 1. Confirm the Preferred Alignment of the Stevens Creek Trail for the Remington Drive to Fremont Avenue
Segment Consisting of an Off-street Trail Along the Creek with Two Connections at Fremont Avenue on Both Sides of SR85 with the Adjustments Due to Changes in Creek Conditions.
Approve the 2022 Housing Element Annual Progress Report23-00953 Recommendation: Alternative 1: Approve the 2022 Housing Element Annual Progress Report and direct staff to submit it to the Governor's Office of Planning and Research and the California
Department of Housing and Community Development.
Consider Approval of the Draft HOME American Rescue Plan (ARP) Allocation Plan and Draft Substantial Amendment to the 2021 Housing and Urban Development (HUD) Action Plan
23-03964
Recommendation: Alternative 1: Approve the HOME-ARP Allocation Plan and Substantial Amendment to the 2021 Housing and Urban
Development Action Plan as shown in Attachment 3 of the staff report.
Adopt a Resolution to Abolish the Board of Building Code Appeals; Introduce an Ordinance to Amend Sunnyvale
Municipal Code 19.39 (Green Building Regulations) and
Various Sections of Title 16 (Buildings and Construction) Related to the Board of Building Code Appeals; Approve
Related Changes to Council Policy 7.2.19 (Boards and
Commissions); and Find that These Actions are Exempt from the California Environmental Quality Act (CEQA) Under CEQA 23-01675
March 21, 2023City Council Notice and Agenda
Guidelines Section 15378(b)(5)
Recommendation: Alternative 1: (A) Introduce an Ordinance to Amend Sunnyvale Municipal Code Chapters 16.16 (Building Code) and 19.39 (Green Building Regulations) and Related Actions to Dissolve the Board of Building Code Appeals and Have City Council Serve as the Local Appeals Board as set Forth in the
California Building Code Section 1.8.8.1; (B) Adopt a
Resolution to Dissolve the Board of Building Code Appeals; and (C) Approve Conforming Amendments to Council Policy
7.2.19 on Boards and Commissions.
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 Calendar23-0240
Information/Action Items23-0291
Study Issue Presentation Dates for Recommended Studies in 2023 (Information Only)
23-0234
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 Sunnyvale Public Library located at 665 W. Olive Avenue, 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
March 21, 2023City Council Notice and Agenda
made available for public inspection in the Office of the City Clerk located at 456 W. Olive Avenue, during normal business hours and in the Washington Community Swim Center Conference Room 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 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.