City of Sunnyvale

Notice and Agenda

City Council

Tuesday, April 4, 2023

5:45 PM

Online and Bay Conference Room

(Room 145), City Hall,

456 W. Olive Ave.,

Sunnyvale, CA 94086

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 council@sunnyvale.ca.gov 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

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 cityclerk@sunnyvale.ca.gov (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).

23-0499

23-0474

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)

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)

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 Bay Conference Room (Room 145).

SALUTE TO THE FLAG

ROLL CALL

CLOSED SESSION REPORT

SPECIAL ORDER OF THE DAY

23-0365

23-0366

Recognition of Green Businesses

Poetry Month

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.

1.A

23-0266

Approve the List(s) of Claims and Bills Approved for Payment

by the City Manager

Recommendation:

Approve the list(s) of claims and bills.

1.B

23-0039

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

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.

1.C

23-0168

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

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.

1.D

23-0486

Ratify Appointment of Councilmember Murali Srinivasan as

Councilmember Russ Melton’s Proxy to the Santa Clara

County Airport Land Use Commission (ALUC)

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.

1.E

23-0491

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

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

1.F

23-0501

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)

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.

23-0308

Award of Contract to Hazen and Sawyer for the Water

Pollution Control Plant Master Plan Update and Cogeneration

Upgrade Design (F23-001)

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.

23-0493

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)

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 Calendar

Board/Commission Meeting Minutes

Information/Action Items

Mayoral Announcement of Mayor-Appointed Ad Hoc Advisory

Committee on Potential HomeKey Application (Information

Only)

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.

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.