City of Sunnyvale

Notice and Agenda

City Council

Tuesday, August 9, 2022

6:00 PM

Telepresence Meeting: City Web Stream |

Comcast Channel 15 | AT&T Channel 99

Special Meeting: Study Session - 6 PM | Regular Meeting - 7 PM | Regular Meeting of the

Sunnyvale Financing Authority - 7 PM (or soon thereafter)

Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/96111580540

Special Teleconference Notice

Because of the COVID-19 emergency and the “shelter in place” orders issued by

Santa Clara County and the State of California, this meeting of the Sunnyvale City

Council will take place by teleconference, as allowed by Government Code

Subdivision 54953(e) and Resolution No. 1089-21 (reaffirmed July 12, 2022)

Public Participation

• Teleconference participation: You may provide audio public comment by

connecting to the teleconference 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, 603 All America Way, 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 via teleconference.

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.

22-0147

Creation of a Human Relations Commission: Identify Policy

Issues and Responsibilities for the Commission (Study Issue)

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.

ROLL CALL

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

22-0609

Approve City Council Meeting Minutes of July 12, 2022

Recommendation:

Approve the City Council Meeting Minutes of July 12, 2022 as

submitted.

1.B

22-0469

Approve City Council Meeting Minutes of July 19, 2022

(Closed Session)

Recommendation:

Approve the City Council Meeting Minutes of July 19, 2022,

2022 as submitted.

1.C

22-0741

Approve City Council Meeting Minutes of July 26, 2022

Recommendation:

Approve the City Council Meeting Minutes of July 26, 2022 as

submitted.

1.D

22-0184

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

22-0636

Receive a Report of an Emergency Procurement to Provide

Polymer to Meet Compliance Requirements at the Water

Pollution Control Plant (WPCP) and Find that the Project is of

Urgent Necessity for the Preservation of Life, Health, or

Property. (F22-145)

Recommendation:

Receive the Report of an Emergency Procurements to provide

Polymer to Meet Compliance Requirements at the Water

Pollution Control Plant (WPCP) and Find that the Project is of

Urgent Necessity for the Preservation of Life, Health, or

Property.

1.F

22-0542

Accept Google LLC’s Voluntary Donation in the Amount of

$1,000,000 for the East Channel Trail Study; Authorize the

City Manager to Execute Funding Agreements with Google

and Santa Clara Valley Transportation Authority and any Other

Necessary Documents Related to the Grant or Funding;

Approve Budget Modification No. 3 to Appropriate $830,000 in

Santa Clara Valley Transportation Authority (VTA) 2016

Measure B Bicycle & Pedestrian Planning Studies Funding,

$1,000,000 in Google LLC’s Voluntary Donation, and

$1,000,000 from the Transportation Impact Fee Funds for the

East Channel Trail Study

Recommendation:

Accept Google LLC's Voluntary Donation in the Amount of

$1,000,000 for the East Channel Trail Study; Authorize the

City Manager to Execute Funding Agreements with Google

and Santa Clara Valley Transportation Authority and any other

necessary documents related to the grant or funding; Approve

Budget Modification No. 3 to Appropriate $830,000 in Santa

Clara Valley Transportation Authority (VTA) 2016 Measure B

Bicycle & Pedestrian Planning Studies Funding, $1,000,000 in

Google LLC's Voluntary Donation, and $1,000,000 from the

Transportation Impact Fee Funds for the East Channel Trail

Study.

1.G

22-0649

Award of Contract to VSS International, Inc. for Java Drive

Road Diet and Bike Lanes, Finding of California Environmental

Quality Act (CEQA) Categorical Exemption, and Approval of

Budget Modification No. 1 (PW22-13)

Recommendation:

- Award a contract in substantially the same form as

Attachment 2 to the report in the amount of $574,000 to VSS

International, Inc.;

- Making a finding of categorical exemption from the California

Environmental Quality Act pursuant to California

Environmental Quality Act Guidelines Section 15301(c);

- Authorize the City Manager to execute the contract when all

necessary conditions have been met;

- Approve a 10% contingency in the amount of $57,400; and

- Approve Budget Modification No. 1 in the amount of

$269,400

1.H

22-0685

Award of Contract to Golden Bay Construction, Inc. for the

Pedestrian and Bicycle Safety Improvements at the

Intersection of Fremont Avenue and Manet Drive/Bobwhite

Avenue Project, Finding of California Environmental Quality

Act (CEQA) Categorical Exemption, and Approval of Budget

Modification No. 2 (PW22-12)

Recommendation:

Take the following actions:

- Make a finding of a categorical exemption from the California

Environmental Quality Act (CEQA) pursuant to CEQA

Guidelines Section 15301(c);

- Approve Budget Modification No. 2 in the amount of $60,000;

- Award a contract in substantially the same form as

Attachment 2 to the report in the amount of $292,411 to

Golden Bay Construction, Inc.;

- Authorize the City Manager to execute the contract when all

necessary conditions have been met; and

- Approve a 10% construction contingency in the amount of

$29,241

1.I

22-0705

Award of Contract to American Asphalt Repair & Resurfacing

Co., Inc. for Slurry Seal 2022 B and Finding of California

Environmental Quality Act (CEQA) Categorical Exemption

(PW22-20)

Recommendation:

- Award a contract in substantially the same form as

Attachment 2 to the report in the amount of $1,177,911.95 to

American Asphalt Repair & Resurfacing Co., Inc. of Hayward;

- Make a finding of categorical exemption from the California

Environmental Quality Act pursuant to California

Environmental Quality Act Guidelines Section 15301(c);

- Authorize the City Manager to execute the contract when all

necessary conditions have been met; and

- Approve a 10% contingency in the amount of $117,791.

1.J

22-0712

Approve the Fiscal Year 2022/23 Sustainability Speaker

Series

Recommendation:

Approve the FY 2022/23 Sustainability Speaker Series topics

as proposed by the Sustainability Commission, with the

provision that the implementation of up to four events will be

contingent on speaker availability, staffing resources, and

available budget. Staff has collaborated with the

Subcommittee during the development of the proposed Series

and generally supports the topics selected.

1.K

22-0783

Adopt a Resolution Amending the City's Salary Resolution to

Provide a Time Exception to Extend Assignments for Term

Limited Employees Assigned to the Enterprise Resource

Planning (ERP) Project

Recommendation:

Adopt a Resolution Amending the City's Salary Resolution

Amending the City's Salary Resolution to Provide a Time

Exception to Extend Assignments for Term Limited Employees

Assigned to the Enterprise Resource Planning (ERP) Project

1.L

22-0789

Adopt a Resolution Extending the City’s Declaration of Local

Emergency for COVID-19

Recommendation:

Adopt a Resolution Extending the City Manager/Director of

Emergency Services' Proclamation of Existence of a Local

Emergency (COVID-19).

1.M

22-0764

Reconsider and Affirm Resolution No. 1089-21; and Make

Findings Pursuant to Government Code Section 54953(e) (AB

361) to Continue Virtual Public Meetings for the City Council

and Boards, Commissions and Council Subcommittees During

the COVID-19 State of Emergency

Recommendation:

Affirm Resolution 1089-21; and make findings pursuant to

Government Code Section 54953(e) (AB 361) to continue

virtual public meetings for the City Council and Boards,

Commissions and Council Subcommittees during the

COVID-19 State of Emergency:

1. The City Council hereby finds that the state of emergency

conditions related to COVID-19, as set forth in Resolution No.

1130-22 adopted on June 28, 2022 and incorporated herein by

reference, are on-going;

2. The City Council finds that there is a need to continue

teleconferencing for public meetings without posting the

teleconferencing locations on the agenda and without

requiring the teleconference locations to be accessible to the

public during the current Governor-proclaimed COVID-19 state

of emergency; and

3. The City Council finds that the state of emergency

continues to directly impact the ability of members of the City

Council, Council Standing Committees, and City Boards and

Commissions to meet safely in person.

1.N

22-0806

Amend Resolution No. 1075-21 Directing the City Manager to

Temporarily Allow Outdoor Dining on Private Parking Lots and

Close the 100 Block of South Murphy Avenue Through the

Earlier of Either June 30, 2023, or Until the Emergency

Proclamation is Lifted

Recommendation:

Amend Resolution No. 1075-21 Directing the City Manager to

Temporarily Allow Outdoor Dining on Private Parking Lots and

Close the 100 Block of South Murphy Avenue Through the

Earlier of Either June 30, 2023, or Until the Emergency

Proclamation is Lifted.

ADJOURNMENT TO REGULAR MEETING OF THE SUNNYVALE FINANCING

AUTHORITY

7 P.M. (OR SOON THEREAFTER) REGULAR MEETING OF THE SUNNYVALE

FINANCING AUTHORITY

Special Teleconference Notice

Because of the COVID-19 emergency and the “shelter in place” orders issued by

Santa Clara County and the State of California, this meeting of the Sunnyvale

Financing Authority will take place by teleconference, as allowed by Government

Code Subdivision 54953(e) and Resolution No. 1105-22FA (reaffirmed July 12,

2022).

Call to Order

Call to Order via teleconference.

Roll Call

Oral Communications

This category provides an opportunity for members of the public to address the

Financing Authority on items not listed on the agenda and is limited to 15 minutes

(may be extended or continued 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 Financing to take action on an item not listed on the agenda. If

you wish to address the Financing Authority, 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.

2.A

22-0766

Approve Sunnyvale Financing Authority Meeting Minutes of

July 12, 2022

Recommendation:

Approve the Sunnyvale Financing Authority Meeting Minutes

of July 12, 2022 as submitted.

2.B

22-0765

Reconsider and Affirm Resolution No. 1105-22FA; and Make

Findings Pursuant to Government Code Section 54953(e) (AB

361) to Continue Virtual Public Meetings for the Sunnyvale

Financing Authority During the COVID-19 State of Emergency

Recommendation:

Affirm Resolution 1105-22FA; and make findings pursuant to

Government Code Section 54953(e) (AB 361) to continue

virtual public meetings for the Financing Authority during the

COVID-19 State of Emergency:

1. The Financing Authority Board has found and determined

that the state of emergency conditions related to COVID-19, as

set forth in City of Sunnyvale Resolution No. 1130-22 adopted

on June 28, 2022, and incorporated herein by reference, are

on-going;

2. The Financing Authority Board finds that there is a need to

continue teleconferencing for public meetings without posting

the teleconferencing locations on the agenda and without

requiring the teleconference locations to be accessible to the

public during the current Governor-proclaimed COVID-19 state

of emergency; and

3. The Financing Authority Board finds that the state of

emergency continues to directly impact the ability of members

of the Financing Authority to meet safely in person.

ADJOURN SUNNYVALE FINANCING AUTHORITY MEETING

RECONVENE TO CITY COUNCIL MEETING

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.

22-0668

Approve Modifying the Recreation Fee Waiver Program and

Amend Council Policy 7.1.1 to Reflect the Modifications

Recommendation:

Alternative 1: Approve Modifying the Recreation Fee Waiver

Program and Amend Council Policy 7.1.1 to Reflect the

Modifications proposed by Staff.

22-0775

APPEAL BY PROJECT APPLICANT OF THE PLANNING

COMMISSION DECISION OF JUNE 27, 2022

Proposed Project:

Related applications on a 1.81-acre site:

Special Development Permit to redevelop a portion (westerly

portion) of an existing shopping center (Fremont Corners) into

a mixed-use Village Center with 3,384 square feet of

commercial space and 35, four-story townhome-style

condominiums with associated parking and site improvements

including common public open space.

TENTATIVE MAP to subdivide the lot into five lots and 35

condominiums.

Location: 102 E. Fremont Ave. and 1310 S.

Sunnyvale-Saratoga Rd. (APN: 309-01-002)

File #: 2021-7161

Zoning: C-1/PD (Neighborhood Business / Planned

Development)

Applicant / Owner: TTLC Sunnyvale FC, LLC / Fremont

Corners, Inc Et Al

Environmental Review: Consistent with California

Environmental Quality Act (CEQA) Section 15183 and 15183.3

(Projects Consistent with a Community Plan, General Plan, or

Zoning and Streamlining for In-fill Projects).

Project Planner: Shétal Divatia, (408) 730-7637,

sdivatia@sunnyvale.ca.gov

Recommendation:

Alternative 1: Uphold the decision of the Planning Commission

and make the required Findings to approve the California

Environmental Quality Act (CEQA) determination that the

project is consistent with CEQA Guidelines Sections 15183

and 15183.3 (Projects Consistent with a Community Plan,

General Plan, or Zoning and Streamlining for Infill Projects) as

noted in checklist (Attachment 6), approve the Special

Development Permit and the Tentative Map subject to the

Recommended Findings in Attachment 3 and subject to the

Recommended Conditions of Approval in Attachment 4.

22-0807

Approve a Memorandum of Understanding between the City of

Sunnyvale and the Sunnyvale Employees’ Association/IFPTE

Local 21; and Adopt Two Resolutions Implementing Changes

Associated with the New MOU: (1) Resolution Amending the

City's Salary Resolution by Updating Medical Insurance

Contribution Provisions and the Schedule of Pay to Increase

Salaries for Pay Plan Category B (Employees Represented by

the Sunnyvale Employees’ Association/IFPTE Local 21), and

Pay Plan Category G (Unrepresented Classified Confidential

Employees); and (2) Resolution Approving Amendments to the

City’s Contribution for CalPERS Medical Insurance for

Management, Sunnyvale Employees’ Association/International

Federation of Professional and Technical Engineers

(SEA/IFPTE Local 21), and Confidential Employees and

Annuitants (Retirees)

Recommendation:

Alternative 1: Authorize the City Manager to Execute the

Memorandum of Understanding between the City of Sunnyvale

and the Sunnyvale Employees' Association/IFPTE Local 21;

and Adopt Two Resolutions Implementing Changes Associated

with the New MOU: (1) Resolution Amending the City's Salary

Resolution by Updating Medical Insurance Contribution

Provisions and the Schedule of Pay to Increase Salaries for

Pay Plan Category B (Employees Represented by the

Sunnyvale Employees' Association/IFPTE Local 21), and Pay

Plan Category G (Unrepresented Classified Confidential

Employees); and (2) Resolution Approving Amendments to the

City's Contribution for CalPERS Medical Insurance for

Management, Sunnyvale Employees' Association/International

Federation of Professional and Technical Engineers

(SEA/IFPTE Local 21), and Confidential Employees and

Annuitants (Retirees).

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.

22-0755

22-0756

22-0757

Tentative Council Meeting Agenda Calendar

Board/Commission Meeting Minutes

Information/Action Items

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 603 All America Way, 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 603

All America Way, during normal business hours and in the Council Chamber 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 to access City Hall to

view these materials and 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.

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