City Council
City of Sunnyvale
Notice and Agenda
Online and Bay Conference Room
(Room 145), City Hall,
456 W. Olive Ave.,
Sunnyvale, CA 94086
5:45 PMTuesday, April 4, 2023
Special Meeting: Closed Session - 5:45 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 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, 456 W. Olive Avenue, 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 assistance to provide public comment, or for other special assistance; please
April 4, 2023City Council Notice and Agenda
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 Bay 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
Convene to Closed Session in the Council Conference Room (Closed to the Public).
Closed Session Held Pursuant to California Government Code Section 54956.9 (d) (1): CONFERENCE WITH LEGAL
COUNSEL-EXISTING LITIGATION; Name of case: In re
National Prescription Opiate Litigation, Northern District of Ohio, Case No. 1:17-MD-2804 (National Opioid litigation involving Teva, Allergan, CVS, Walgreens, and Walmart)
23-0499A
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)
23-0474B
Adjourn Special Meeting
7 P.M. COUNCIL MEETING
April 4, 2023City Council Notice and Agenda
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 Bay Conference Room (Room 145).
SALUTE TO THE FLAG
ROLL CALL
CLOSED SESSION REPORT
SPECIAL ORDER OF THE DAY
Recognition of Green Businesses23-0365C
Poetry Month23-0366D
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 by the City Manager
23-02661.A
Recommendation: Approve the list(s) of claims and bills.
April 4, 2023City Council Notice and Agenda
Accept Pavement Management Technical Assistance Program Round 24 Grant Funds from the Metropolitan Transportation Commission to Complete a Citywide Pavement Condition
Assessment to Qualify for Regional Discretionary Funds and Approve Budget Modification No. 14 in the amount of $18,300 23-00391.B
Recommendation: Accept Pavement Management Technical Assistance Program Round 24 Grant Funds from the Metropolitan Transportation Commission to Complete a Citywide Pavement Condition
Assessment to Qualify for Regional Discretionary Funds and Approve Budget Modification No. 14 in the amount of $18,300.
Approve the Downtown Sunnyvale Business Improvement
District (BID) Annual Report for Fiscal Year 2022/23 and Adopt Resolution of Intention to Levy and Collect an Annual
Assessment to Reauthorize the BID for Fiscal Year 2023/24 23-01681.C
Recommendation: Approve the Fiscal Year 2022/23 BID Annual Report, adopt the Resolution of Intention to Levy and Collect an Assessment and Reauthorize the Business Improvement District for Fiscal Year 2023/24, and schedule the public hearing for May 2, 2023.
Ratify Appointment of Councilmember Murali Srinivasan as Councilmember Russ Melton’s Proxy to the Santa Clara
County Airport Land Use Commission (ALUC)
23-04861.D
Recommendation: Staff makes no recommendation. By approval of the consent calendar, Council ratifies the appointment of Councilmember Murali Srinivasan to Seat 07A as Councilmember Russ
Melton's proxy to the Santa Clara County Airport Land Use Commission.
Adopt Ordinance No. 3212-23 Amending Various Sections of Title 16 (Buildings and Construction) and Title 19 (Zoning) of the Sunnyvale Municipal Code Related to the Board of
Building Code Appeals and the Chief Building Official
23-04911.E
Recommendation: Adopt Ordinance No. 3212-23 amending various Sections of Title 16 (Buildings and Construction) and Title 19 (Zoning) of the Sunnyvale Municipal Code related to the Board of Building Code Appeals and the Chief Building Official
Adopt a Resolution Ratifying the City Manager's Proclamation of a Local Emergency Regarding the March 2023 Winter
23-05011.F
April 4, 2023City Council Notice and Agenda
Storms and Find that the Action is Exempt from California Environmental Quality Act (CEQA) Pursuant to CEQA
Guidelines Sections 15269 and 15378(b)
Recommendation: Adopt a Resolution Ratifying the City Manager's Proclamation of a Local Emergency Regarding the March 2023 Winter
Storms and Find that the Action is Exempt from California Environmental Quality Act (CEQA) Pursuant to CEQA
Guidelines Sections 15269 and 15378(b)
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.
Award of Contract to Hazen and Sawyer for the Water
Pollution Control Plant Master Plan Update and Cogeneration Upgrade Design (F23-001)
23-03082
Recommendation: Alternative 1: Take the following actions:
- Award a contract to Hazen and Sawyer for Water Pollution Control Plant Master Plan Update and Cogeneration Upgrade Design in substantially the same form as Attachment 1 to the report in an amount not-to-exceed $7,401,597;
- Authorize the City Manager to execute the contract when all the necessary conditions have been met;
- Approve a 10% contingency in the amount of $740,160; and - Authorize the City to amend the contract annually after the first three years to increase rates as follows: 3.75% to non-senior staff and 2% for senior staff, subject to available budget and if pricing and services remain acceptable to the City.
Consider Reinstating the Pilot of the Process for City Council Colleague Memorandums to Propose new Agenda Items
Previously Included in Council Policy 7.3.19 (Council
Meetings)
23-04933
April 4, 2023City Council Notice and Agenda
Recommendation: Staff makes no recommendation. This report is being presented to City Council at the Mayor's request to facilitate discussion at the public hearing and for Council to consider various options that relate to the possible reinstatement of a pilot Council Colleague Memorandums process.
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 Calendar23-0292
Board/Commission Meeting Minutes23-0294
Information/Action Items23-0295
Mayoral Announcement of Mayor-Appointed Ad Hoc Advisory Committee on Potential HomeKey Application (Information Only)
23-0490
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 456 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 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 Bay Conference Room on the evening of the Council Meeting, pursuant to Government Code §54957.5.
April 4, 2023City Council Notice and Agenda
Please contact the Office of the City Clerk at 408-730-7483 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.