City of Sunnyvale

Notice and Agenda

City Council

Tuesday, May 7, 2024

6:00 PM

Online and Council Chambers, City Hall,

456 W. Olive Ave., Sunnyvale, CA 94086

Special Meeting: Study Session 6 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 Ralph M. Brown Act, the meeting will continue despite

technical difficulties for participants using the online option.

The Mayor may determine it would be impractical to include remote public

comment during Oral Communications.

• 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 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

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)).

6 P.M. SPECIAL COUNCIL MEETING (Study Session)

Call to Order

Call to Order in the Council Chambers

Roll Call

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.

24-0177

35% Design for Homestead Road, Safe Routes to School

Project

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

24-0333

24-0336

24-0620

Asian Pacific American (APA) Heritage Month

Jewish Heritage Month

Recognition of Outgoing Sunnyvale Downtown Association

Executive Director

24-0335

Public Service Recognition Week

PRESENTATION

24-0402

Midpeninsula Regional Open Space District (Midpen) Update

by District Board Members Jed Cyr and Curt Riffle

ORAL COMMUNICATIONS

The Mayor may determine it would be impractical to include remote public

comment during Oral Communications for the purpose of timeliness of the meeting

or conducting an orderly meeting. Such a determination shall be made prior to

opening public comment on 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

Approve City Council Meeting Minutes of April 18, 2024

(Closed Session)

24-0409

Recommendation:

Approve the City Council Meeting Minutes of April 18, 2024 as

submitted.

1.B

24-0463

Approve City Council Meeting Minutes of April 23, 2024

Recommendation:

Approve the City Council Meeting Minutes of April 23, 2024 as

submitted.

1.C

Approve City Council Meeting Minutes of April 30, 2024

24-0003

(Closed Session)

Recommendation:

Approve the City Council Meeting Minutes of April 30, 2024 as

submitted.

1.D

24-0436

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.E

24-0517

Authorize the Issuance of a Two-Year Purchase Agreement in

the Amount of $420,000 to L.N. Curtis & Sons, Inc. to Provide

Fire Protective Clothing, Equipment and Fire Safety Supplies

for the Department of Public Safety (F24-145)

Recommendation:

Take the following actions:

- Authorize the issuance of a two-year purchase agreement in

the amount of $420,000 to L.N. Curtis & Sons, Inc.; and

- Authorize the City Manager to amend and renew the

purchase agreement for three (3) additional one-year periods,

not-to-exceed budgeted amounts, provided pricing and

service remain acceptable to the City.

1.F

24-0536

Award of Contract to Interstate Grading & Paving, Inc. in the

Amount of $2,562,341 for the Wolfe Road Pavement

Rehabilitation Project and Make a Finding of California

Environmental Quality Act (CEQA) Exemption Pursuant to

CEQA Guidelines Section 15301(c) (PW24-13)

Recommendation:

Take the following actions:

- Award a contract in substantially the same form as

Attachment 2 to the report in the amount of $2,562,341 to

Interstate Grading & Paving, Inc.;

- Approve a 10% construction contingency in the amount of

$256,234.10;

- 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).

1.G

Award of an On-Call Service Agreement to Telestar

Instruments in the Amount of $500,000 for On-Call Services

for the Water Pollution Control Plant (F24-083)

24-0537

Recommendation:

Take the following actions:

- Award an on-call service agreement in substantially the

same form as Attachment 1 to the report to Telestar

Instruments in a not-to-exceed amount of $500,000;

- Authorize the City Manager to execute the contract when all

necessary conditions have been met;

- Authorize the City Manager to increase the contract up to

budgeted amounts;

- Authorize the City Manager to extend the contract for up to

two (2) additional two (2) year periods based upon available

funding, need, and acceptable pricing and service; and

- Authorize the City Manager to modify the contract

compensation schedule subject to negotiated pricing.

1.H

24-0552

Award a Contract to Joseph J Albanese, Inc. in the Amount of

$3,782,663 for Peery Park Area Transportation Improvements

- Re-Bid, Approve a 10% Construction Contingency, Allow the

Withdrawal of a Bid in Conformance with Public Contract

Code Section 5103, Make a Finding of California

Environmental Quality Act (CEQA) Exemption Pursuant to

CEQA Guidelines Sections 15301 and 15303, and Approve

Budget Modification No. 22 in the Amount of $438,000

(PW24-09)

Recommendation:

Take the following actions:

- Award a contract in substantially same form as Attachment 2

to the report in the amount of $3,782,663 to Joseph J

Albanese, Inc. of Santa Clara, CA;

- Approve a 10% construction contingency in the amount of

$378,266;

- Authorize the City Manager to execute the contract when all

necessary conditions have been met;

- Allow S&H Construction Inc., to withdraw its bid in

conformance with Public Contract Code (PCC) Section 5103;

- Make a finding of a categorical exemption from the California

Environmental Quality Act (CEQA) pursuant to CEQA

Guidelines Sections 15301 and 15303; and

- Approve Budget Modification No. 22 in the amount of

$438,000.

1.I

Award of Contract in the Amount of $5,249,820 to DPI, Inc. for

Citywide Water Line Replacement 2023 (Maude & San Aleso)

and Finding of California Environmental Quality Act (CEQA)

Categorical Exemption Pursuant to CEQA Guidelines Section

15302(c) (PW24-17)

24-0567

Recommendation:

Take the following actions:

- Award a contract in substantially the same form as

Attachment 2 to the report in the amount of $5,249,820 to DPI,

Inc. of Livermore;

- Make a finding of a categorical exemption from the California

Environmental Quality Act (CEQA) pursuant to CEQA

Guidelines Section 15302(c);

- Authorize the City Manager to execute the contract when all

necessary conditions have been met; and

- Approve a 15% contingency in the amount of $787,473.

1.J

24-0564

Adopt a Resolution Calling a General Municipal Election to be

Held in the City of Sunnyvale on Tuesday, November 5, 2024

for the Election of Councilmembers from Districts 2, 4 and 6

and the Office of Mayor; Requesting Consolidation with the

Statewide General Election and Election Services from the

Santa Clara County Board of Supervisors; Providing

Regulations for Candidates’ Statements

Recommendation:

Adopt a Resolution calling a General Municipal Election to be

held in the City of Sunnyvale on Tuesday, November 5, 2024

for the Election of Councilmembers to Districts 2, 4 and 6 and

the Office of Mayor; requesting consolidation with the

Statewide General Election and Election Services from the

Santa Clara County Board of Supervisors; providing

regulations for Candidates' Statements.

1.K

24-0611

Ratify National League of Cities’ Appointment of Vice Mayor

Murali Srinivasan to the Artificial Intelligence Advisory

Committee

Recommendation:

Staff makes no recommendation. By approval of the consent

calendar, Council ratifies National League of Cities'

appointment of Vice Mayor Murali Srinivasan to the Artificial

Intelligence Advisory Committee.

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.

Public Hearing to Adopt a Resolution Confirming the Annual

Report to Levy and Collect an Annual Assessment for the

Downtown Sunnyvale Business Improvement District (BID) for

Fiscal Year 2024/25

24-0229

Recommendation:

Alternative 1: Adopt a Resolution to confirm the Annual Report

and Levy and collect an Annual Assessment for the

Downtown Sunnyvale Business Improvement District for

Fiscal Year 2024/25.

24-0599

Consider Approval of Draft 2024 Housing and Urban

Development (HUD) Action Plan

Recommendation:

Alternative 1: Approve the 2024 HUD Action Plan as shown in

Attachment 2 of the staff report.

24-0603

Proposed Project:

totaling 1.74 acres:

Related applications on three sites

GENERAL PLAN AMENDMENT: Amend the General Plan

land use designation from Commercial to either Medium

Density (15-24 du/ac) or High Density (25-36 du/ac)

Residential.

REZONE: Rezone from Neighborhood Business with a

Planned Development combining district (C-1/PD) to either

Medium Density Residential (R-3) or High Density Residential

(R-4) with a Mixed Use (MU) and Planned Development (PD)

combining district.

File #: 2022-7146

Location: 1313 South Wolfe Road (APNs 309-10-026 and

309-10-027) and 898 East Fremont Avenue (APN

309-10-015)

Current Zoning: C-1/PD (Neighborhood Business with a

Planned Development combining district)

Applicant / Owner: 4Terra Investments (applicant)/Desmond

Family Real Estate Limited Partner (Owner)

Environmental Review: Mitigated Negative Declaration

Project Planner: Mary Jeyaprakash, (408) 730-7449,

mjeyaprakash@sunnyvale.ca.gov

Recommendation:

Alternative 1: Take the following actions:

a. Make the findings required by CEQA (Attachment 3) and

adopt the Mitigated Negative Declaration (Attachment 10);

b. Adopt a Resolution (Attachment 4) to amend the General

Plan Designation for the two parcels at 1313 South Wolfe

Road from Commercial to Medium Density Residential;

c. Make the finding that the General Plan Amendment and

rezoning are deemed to be in the public interest (Attachment

3); and

d. Introduce an Ordinance (Attachment 5) to rezone 1313

South Wolfe Road (APN 309-10-026) from Neighborhood

Commercial with a Planned Development Combining District

(C-1/PD) to Medium Density Residential with a Mixed-Use

Combining District (R-3/MU) and 1313 South Wolfe Road

(APN 309-10-027) from C-1/PD to Medium Density

Residential with a Planned Development Combining District

(R-3/PD).

24-0406

Discussion and (1) Adoption of a Resolution Calling a General

Municipal Election to be Held in the City of Sunnyvale on

Tuesday, November 5, 2024, for the Purpose of Submitting to

City Voters an Ordinance Concerning Amendments to the City

Charter; Requesting Consolidation with the Statewide General

Election and Election Services from Santa Clara County;

Directing the City Attorney to Prepare an Impartial Analysis;

and Setting Priorities for Ballot Arguments; and (2) Approve

Amendments to Council Policy 7.3.4 (Roles and

Responsibilities of Mayor, Vice Mayor and Councilmembers)

Relating to the Role of District Councilmembers

Recommendation:

Alternatives 1 and 2:

1. Adopt a Resolution (Attachment 1) calling a General

Municipal Election to be held in the City of Sunnyvale on

Tuesday, November 5, 2024, for the purpose of submitting to

City voters an Ordinance concerning amendments to the City

Charter; requesting consolidation with the Statewide General

Election and election services from Santa Clara County;

directing the City Attorney to prepare an impartial analysis;

and setting priorities for ballot arguments.

2. Approve Amendments to Council Policy 7.3.4 (Roles and

Responsibilities of Mayor, Vice Mayor and Councilmembers)

Relating to the role of District Councilmembers.

Approve the Appointment of the City Attorney and Approve the

Employment Agreement

24-0626

Recommendation:

Staff makes no recommendation. This report is developed to

facilitate conversation for the public hearing and action by the

City Council.

24-0592

Appointment of Interim City Manager and Approval of

Employment Agreement

Recommendation:

Staff makes no recommendation. This report is developed to

facilitate conversation for the public hearing and action by the

City Council.

24-0600

Adopt a Resolution Amending the City's Salary Resolution

and the Schedule of Pay to Increase the Salary Range for the

Director of NOVA Workforce Services

Recommendation:

Alternative 1: Adopt a Resolution amending the City's Salary

Resolution and Schedule of Pay to increase the Salary Range

for the Director of NOVA Workforce Services effective May 12,

2024.

COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL

COMMITTEE ASSIGNMENTS

NON-AGENDA ITEMS & COMMENTS

-Council

Colleagues Memorandum: Study Session on City Support for

Organizing Community Events

24-0606

-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

Council Advocacy Letters

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 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.