City Council
City of Sunnyvale
Notice and Agenda
Online and Bay Conference Room
(Room 145), City Hall,
456 W. Olive Ave.,
Sunnyvale, CA 94086
5:30 PMTuesday, May 16, 2023
Special Meeting: Study Session - 5:30 PM | Special Meeting: Special Order of the Day - 6:30 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 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
May 16, 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)).
5:30 P.M. SPECIAL COUNCIL MEETING (Study Session)
Call to Order
Call to Order in the Bay Conference Room (Room 145)
Roll Call
Review Federal Government Programs that Direct Libraries to Provide Filtering for Internet Access
23-0313A
Adjourn Special Meeting
6:30 P.M. SPECIAL COUNCIL MEETING (Special Order of the Day) Call to Order
Call to Order in the Bay Conference Room (Room 145)
Roll Call
Special Order of the Day
Department of Public Safety Special Awards23-0375B
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 in the Bay Conference Room (Room 145)
May 16, 2023City Council Notice and Agenda
SALUTE TO THE FLAG
ROLL CALL
SPECIAL ORDER OF THE DAY
Lesbian, Gay, Bisexual, Transgender and Queer Pride Month23-0376C Jewish Heritage Month23-0434D
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 April 4, 202323-02981.A Recommendation: Approve the City Council Meeting Minutes of April 4, 2023 as submitted.
Approve the List(s) of Claims and Bills Approved for Payment by the City Manager
23-02691.B
Recommendation: Approve the list(s) of claims and bills.
Award of Contract to Graham Contractors for Annual Slurry Seal 2023 and Make a Finding of California Environmental Quality Act (CEQA) Categorical Exemption Pursuant to CEQA Guidelines Section 15301 (c) (PW23-02)
23-04981.C
May 16, 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 $1,269,106.75 to Graham Contractors;
- Approve a 10% construction contingency in the amount of $126,911;
- Authorize the City Manager to execute the contract when all necessary conditions have been met; and
- Make a finding of a categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA
Guidelines Section 15301(c).
Accept Addendum 5 to the Program Environmental Impact
Report (PEIR) for the Sunnyvale Water Pollution Control Plan (WPCP) Master Plan and Approve the Plan for the Secondary Effluent Pipeline Replacement Project in Accordance with the California Environmental Quality Act (CEQA)
23-00531.D
Recommendation: Accept Addendum 5 to the Water Pollution Control Plant Master Plan Program Environmental Impact Report
(Attachment 1 to the report) and Approve the Plan for the Secondary Effluent Pipeline Replacement Project.
Authorize the City Manager to Execute a Revised 2023
Amended and Restated Joint Use Agreement Between the City of Sunnyvale and Santa Clara Valley Water District for the Sunnyvale West Channel and Sunnyvale East Channel
Project
23-04801.E
Recommendation: Authorize the City Manager to execute a Revised 2023 Amended and Restated Joint Use Agreement between the City of Sunnyvale and Santa Clara Valley Water District for the Sunnyvale West Channel and Sunnyvale East Channel
Project.
Approve Local Area Subsequent Designation and Local Board Recertification Application for Program Year 2023-25 for NOVA Workforce Development Area
23-05491.F
Recommendation: Approve Local Area Subsequent Designation and Local Board Recertification application for Program Year 2023-25 for the NOVA Workforce Development Area.
May 16, 2023City Council Notice and Agenda
Approve Amendments to Council Policy 7.3.19 (Council
Meetings) Adding a Pilot Process for City Council Colleague Memorandums to Propose new Agenda Items
23-05181.G
Recommendation: Approve amendments to Council Policy 7.3.19 (Council Meetings) adding a pilot process for City Council Colleague Memorandums to propose new agenda items, with a January 31, 2024 sunset.
Adopt Ordinance No. 3213-23 to Repeal and Re-Adopt
Sunnyvale Municipal Code Chapter 12.60 (Stormwater
Management) and Find that the Action is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the CEQA Guidelines
23-05871.H
Recommendation: Adopt Ordinance No. 3213-23 to Repeal and Re-Adopt Sunnyvale Municipal Code Chapter 12.60 (Stormwater
Management) and Find that the Action is Categorically Exempt from the California Environmental Quality Act (CEQA)
Pursuant to Section 15308 of the CEQA Guidelines
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.
REQUEST FOR CONTINUANCE TO JULY 11, 2023
Proposed Project:
A. Adopt a Resolution to:
1. Certify the Environmental Impact Report (EIR);
2. Make the findings required by California Environmental Quality Act (CEQA);
3. Adopt the Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program;
4. Adopt the Water Supply Assessment;
5. Adopt the Amended Moffett Park Specific Plan (with Staff recommended modifications to the draft MPSP);
6. Amend the General Plan text and update the General Plan Map; and
23-05862
May 16, 2023City Council Notice and Agenda
7. Update the Green Building Program Table.
B. Adopt a Resolution to:
1. Amend the Fiscal Year 2022/23 Master Fee Schedule to adjust the MPSP Planning Application Fees, including the addition of the MPSP Maintenance Fee, the MPSP
Infrastructure Fee and the MPSP Transportation Impact Fee (TIF).
C. Introduce An Ordinance to:
1. Repeal and Re-Adopt Sunnyvale Municipal Code (SMC)
Chapter 19.29 (Moffett Park Specific Plan) and make other amendments to Title 19 (Zoning) to implement the MPSP;
2. Add SMC Chapter: 3.56 (MPSP Transportation Impact Fee) to Title 3 (Revenue and Finance); and
3. Amend the Zoning Plan District Map and re-zone parcels currently within the new MPSP district.
Location: Moffett Park Specific Plan Area
Existing Plan: Moffett Park Specific Plan
File number: 2018-7715 (Moffett Park Specific Plan)
General Plan Designation:
Existing: Moffett Park Specific Plan
Proposed: Moffett Park Specific Plan
Zoning:
Existing Zoning:
MP-I: Industrial
MP-TOD: Transit Oriented Development
MP-C: Commercial
Proposed MPSP Zoning Districts:
MP-AC: Activity Center
MP-R: Residential
MP-MU: Mixed Use
MP-O1: Office 1
MP-O2: Office 2
MP-E1: Mixed Employment 1
MP-E2: Mixed Employment 2
MP-E3: Mixed Employment 3
MP-H: Hospitality
MP-PF: Public Facilities
May 16, 2023City Council Notice and Agenda
Proposed Combining District
ECD: Ecological Combining District
Applicant: City of Sunnyvale
Environmental Review: Environmental Impact Report (SCH # 20210880338)
Project Planner: Michelle King, 408-730-7463,
[email protected]
Recommendation: Continue the City Council public hearing date to the City Council meeting of July 11, 2023.
Adopt a Resolution Pursuant to California Streets and
Highways Code Section 11311 to Establish a Pedestrian Mall on the 100 Block of South Murphy Avenue, Accept the Second Addendum to the 2020 Downtown Specific Plan Environmental Impact Report for the Historic Murphy Avenue Pedestrian Mall Project in Accordance with the California Environmental Quality Act, Introduce an Ordinance Adding Chapter 10.66 (Pedestrian Mall on South Murphy Avenue) to Title 10 of the Sunnyvale Municipal Code and Amend Various Sections of
Chapter 10.56 (Bicycles) of the Sunnyvale Municipal Code Related to Bicycles on Pedestrian Malls and Approve Budget Modification No. 20 in the Amount of $800,000
23-03593
Recommendation: Alternatives: 1, 2, 3, and 4: 1.) Adopt a Resolution Pursuant to California Streets and Highways Code Section 11311 to
Establish a Pedestrian Mall on the 100 Block of South Murphy Avenue; 2.) Accept an Addendum to the 2020 Downtown
Specific Plan Environmental Impact Report for the Historic Murphy Avenue Pedestrian Mall Project in Accordance with the California Environmental Quality Act; 3.) Introduce an Ordinance Adding Chapter 10.66 (Pedestrian Mall on South Murphy Avenue) to Title 10 of the Sunnyvale Municipal Code and Amend Various Sections of Chapter 10.56 (Bicycles) of the Sunnyvale Municipal Code Related to Bicycles on
Pedestrian Malls; and 4.) Approve Budget Modification No. 20 in the amount of $800,000.
Approve 16 Design Proposals for The Great Box Cover-Up! (Utility Box Art Project-Phase 2) and Authorize the Arts Commission to Approve the Selected Designs for Phase 3 of 23-05814
May 16, 2023City Council Notice and Agenda
The Great Box Cover-Up!
Recommendation: Alternatives 1 and 3: Review and Approve 16 Design Proposals for The Great Box Cover-Up! (Utility Box Art
Project-Phase 2) and Authorize the Arts Commission to
Approve the Selected Designs for Phase 3 of The Great Box Cover-Up!
Select Final Icon and Approve Locations for the Sunnyvale Icon Sculpture Project and Authorize the Arts Commission to Approve the Final Icon Design and Select Artists
23-05825
Recommendation: Alternatives 1 and 2: Select the Final Icon and Approve Locations for the Sunnyvale Icon Sculpture Project; and Authorize the Arts Commission to Approve the Final Icon Design and Select Artists
Appoint Applicants to the Arts Commission, Bicycle and
Pedestrian Advisory Commission, Board of Library Trustees, Heritage Preservation Commission, Human Relations
Commission, Parks and Recreation Commission, Personnel
Board, Planning Commission and Sustainability Commission 23-00476
Recommendation: Staff makes no recommendation.
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.
Information/Action Items23-0423
Board/Commission Meeting Minutes23-0421
Tentative Council Meeting Agenda Calendar23-0420
May 16, 2023City Council Notice and Agenda
Board/Commission Resignation (Information Only)23-0573
Council Advocacy Letters23-0489
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 NOVA Workforce Services reception desk located on the first floor of City Hall at 456 W. Olive Avenue, during normal business hours, 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 on the fourth floor of City Hall at 456 W. Olive Avenue, during normal business hours and in the Bay Conference Room (Room 145) 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 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.
May 16, 2023City Council Notice and Agenda
Upcoming Meetings
Visit https://sunnyvaleca.legistar.com for upcoming Council, board and commission meeting information.