City Council
City of Sunnyvale
Notice and Agenda
Online and Council Chambers, City Hall,
456 W. Olive Ave., Sunnyvale, CA 94086
5:00 PMTuesday, January 9, 2024
Special Meeting: Closed Session - 5 PM | Special Meeting: Study Session - 5:30 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.
As a courtesy, and technology permitting, members of the public may also attend online. However, the City cannot guarantee that the public’s access to online technology will be uninterrupted, and technical difficulties may occur from time to time. Unless required by the Brown Act, the meeting will continue despite technical difficulties for participants using the online option. • 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
January 9, 2024City 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)).
5 P.M. SPECIAL COUNCIL MEETING Closed Session)
Call to Order
Call to Order in the Council Chambers (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 54957:
PUBLIC EMPLOYEE APPOINTMENT
Title: City Attorney
24-0166A
Adjourn Special Meeting
5:30 P.M. SPECIAL COUNCIL MEETING (Study Session)
Call to Order
Call to Order in the Council Chambers
Roll Call
January 9, 2024City Council Notice and Agenda
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.
Sunnyvale Public Library Outreach Results24-0091B
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 Council Chambers
SALUTE TO THE FLAG
ROLL CALL
CLOSED SESSION REPORT
SPECIAL ORDER OF THE DAY
Recognition of Outgoing City Attorney24-0084C
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.
January 9, 2024City 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 City Council Meeting Minutes of November 28, 202324-01931.A Recommendation: Approve the City Council Meeting Minutes of November 28, 2023 as submitted.
Approve City Council Meeting Minutes of December 5, 202324-01951.B Recommendation: Approve the City Council Meeting Minutes of December 5, 2023 as submitted.
Approve the List(s) of Claims and Bills Approved for Payment by the City Manager
24-00121.C
Recommendation: Approve the list(s) of claims and bills.
Adopt a Resolution Enabling the City of Sunnyvale to Amend a Financing Agreement with the State of California for up to $322,060,000 in Clean Water State Revolving Funds to Fund the City of Sunnyvale Secondary Treatment and Dewatering Facilities Project
24-01891.D
Recommendation: Adopt a Resolution enabling the City of Sunnyvale to amend a Financing Agreement with the State of California for the new amount of $322,060,000 in Clean Water State Revolving
Funds to fund the Secondary Treatment and Dewatering
Facilities Project.
Award of Consultant Service Agreement with a Contract
Amount Not-to-Exceed $1,200,000 to V & A Consulting
Engineers, Inc. for WPCP Yard Piping Condition Assessment (F24-001) and Find the Project is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA
Guidelines Section 15378(a)
24-01591.E
January 9, 2024City Council Notice and Agenda
Recommendation: Take the following actions:
- Award a Consultant Service Agreement in substantially the same form as Attachment 1 to the report in an amount
not-to-exceed $1,200,000 to V & A Consulting Engineers, Inc. of Oakland;
- Approve an 8.3% contingency in the amount of $100,000; - Authorize the City Manager to execute the contract when all necessary conditions have been met; and
- Find the Project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section
15378(a).
Award of Consultant Services Agreement with a Contract
Amount Not-to-Exceed $831,398 to BKF Engineers for Evelyn Avenue Multi-Use Trail Project (F23-173) and Find the Project is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15378 (a)
24-00981.F
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 $831,398 to BKF Engineers of San Jose;
- Approve a 10% contingency in the amount of $83,140;
- Authorize the City Manager to execute the contract when all necessary conditions have been met; and
- Find the Project exempt from CEQA pursuant to CEQA
Guidelines Section 15378 (a).
Award of Contract to Balch Petroleum Contractors and
Builders, Inc. in the Amount of $997,850 for Upgrading of Fuel Tanks at Corporation Yard Project; Finding of California Environmental Quality Act (CEQA) Exemption Pursuant to
CEQA Guidelines Section 15301(c); and Approval of Budget Modification No. 9 in the amount of $285,000 (PW23-22)
24-00961.G
January 9, 2024City 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 $997,850 to Balch Petroleum Contractors and Builders, Inc.;
- Approve a 10% construction contingency in the amount of $97,785;
- 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. 9 in the amount of
$285,000.
Adopt a Resolution to Summarily Vacate an Unimproved
Portion of a Street Easement (9224 O.R. 225) Located
Adjacent to 1225 Vienna Drive
24-00951.H
Recommendation: Adopt the Resolution to summarily vacate an unimproved portion of the 66-foot wide street easement (9224 O.R.) located adjacent to 1225 Vienna Drive; and authorize and direct the City Clerk to record a certified copy of the Resolution, attested by the City Clerk under seal, with the Santa Clara County Recorder's Office.
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.
Selection of Vice Mayor for a One-Year Term Effective
January 9, 2024
24-00922
Recommendation: Select a member of the Council to serve as Vice Mayor for a one-year term effective January 9, 2024, expiring on the first regular meeting in January 2025.
Appoint Councilmembers to Intergovernmental Assignments; Ratify Appointments of Councilmembers Made by Outside
Agencies; Take Action to Modify, Create, or Terminate Council Subcommittees; Approve Amendments to Council Policy 7.2.19 24-00933
January 9, 2024City Council Notice and Agenda
(Boards and Commissions)
Recommendation: Alternatives 1 through 7: 1) Ratify Community Member Appointments; 2) Reaffirm Board and Commission Liaison
Assignments; 3) Take Action to Modify, Create, or Terminate Council Subcommittees; 4) Appoint Councilmembers to
Remaining Council Subcommittees and Standing Committees; 5) Appoint Councilmembers to serve on External IGR
Agencies; 6) Ratify Appointments made by Outside Agencies including Pre-ratification of appointments that are still pending; 7) Approve Amendments to Council Policy 7.2.19 (Boards and Commissions)
Approve Calendar Year 2024 Community Events and
Neighborhood Grant Program Applications
24-00974
Recommendation: Alternative 1: Approve Option 1 funding levels for Community Events with the reduction of $587 from the Holi event and approve Option 2 funding levels for Neighborhood Grants.
Amend the Code of Ethics and Conduct for Elected and
Appointed Officials Related to Remote Public Comment During Oral Communications
24-02015
Recommendation: Staff makes no recommendation. This report is being presented to City Council to facilitate discussion at the public hearing and for Council to consider the proposed amendments to the Code of Ethics and Conduct for Elected and Appointed Officials.
Review the Council Policy 7.3.19 (Council Meetings) Process for City Council Colleague Memorandums to Propose new
Agenda Items and Consider Amendments to the Process
and/or an Extension of the Process Beyond January 31, 2024 24-00016
Recommendation: Staff makes no recommendation. This report is being presented to City Council to facilitate discussion at the public hearing and for Council to consider various options that relate to the pilot Council Colleague Memorandums process.
Appointment of Interim City Attorney and Approval of
Employment Agreement
24-01577
January 9, 2024City Council Notice and Agenda
Recommendation: Staff makes no recommendation. This report is developed to facilitate conversation for the public hearing and action by the City Council.
Determine the 2024 Seating Arrangements for City Council24-00948 Recommendation: Determine the seating arrangements for 2024 in accordance with Council Policy 7.3.11.
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 Calendar24-0072
Board/Commission Meeting Minutes24-0073
Information/Action Items24-0074
Comparison of Sunnyvale Development Fees and Processing Times to Comparable Cities (Residential Development)
24-0191
Council Advocacy Letters24-0085
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
January 9, 2024City Council Notice and Agenda
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 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 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.