City of Sunnyvale

Notice and Agenda - Revised

City Council

Tuesday, August 30, 2022

5:00 PM

Telepresence Meeting: City Web Stream |

Comcast Channel 15 | AT&T Channel 99

Special Meeting: Closed Session - 5 PM | Special Meeting: Study Session - 5:30 PM |

Regular Meeting - 7 PM | Regular Meeting: 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 August 9, 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)).

5 P.M. SPECIAL COUNCIL MEETING (Closed Session)

Call to Order

Call to Order via teleconference.

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

22-0752

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: Service Employees International Union

(SEIU)

Adjourn Special Meeting

5:30 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.

22-0114

Discussion Regarding Potential Gun Safety Measures in

Sunnyvale

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

CLOSED SESSION REPORT

SPECIAL ORDER OF THE DAY

22-0815

22-0906

Hispanic Heritage Month

National Library Card Sign-Up 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

22-0112

Approve City Council Meeting Minutes of August 9, 2022

Recommendation:

Approve the City Council Meeting Minutes of August 9, 2022

as submitted.

1.B

22-0574

Approve City Council Meeting Minutes of August 16, 2022

(Board and Commission Interviews | Consider Development

Agreement and Special Development Permit)

Recommendation:

Approve the City Council Meeting Minutes of August 16, 2022

as submitted.

1.C

22-0158

Approve City Council Meeting Minutes of August 22, 2022

(Consider Canceling Council District 1 Election)

Recommendation:

Approve the City Council Meeting Minutes of August 22, 2022

as submitted.

1.D

22-0185

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

22-0681

Receive and File the City of Sunnyvale Investment Report -

Second Quarter 2022

Recommendation:

Receive and file the City of Sunnyvale Investment Report -

Second Quarter.

1.F

22-0719

Adopt a Resolution to Summarily Vacate Slope Easement at

1100 North Mathilda Avenue

Recommendation:

Adopt the Resolution to summarily vacate the 15-foot wide

slope easement at 1100 North Mathilda Avenue; 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.

1.G

22-0577

Designate a Voting Delegate and Alternate for the 2022

League of California Cities Annual Conference

Recommendation:

Approve the Mayor's nomination of himself as the Voting

Delegate and Councilmember Russ Melton as Alternate.

1.H

22-0813

Appoint Jean Cohen, Brian Murphy, Mrinalini Vittal and

Theresa Woo to the NOVA Workforce Board

Recommendation:

Appoint Jean Cohen, Brian Murphy, Mrinalini Vittal and

Theresa Woo to the NOVA Workforce Board.

1.I

22-0839

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.

1139-22 adopted on August 9, 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.J

22-0884

Adopt Ordinance No. 3197-22 to Approve and Adopt a

Development Agreement between the City of Sunnyvale and

Gary Thon-Lon Hon and Nichole Ying Lin Hon, as trustees of

the Hon Family Trust and Edward H. Leone Jr. LLC, and the

City of Sunnyvale for the development of property identified by

assessor’s parcel numbers 209-28-008 and 209-28-052 and

commonly known as 355 W. Olive Avenue and 480 S. Mathilda

Avenue.

Recommendation:

Adopt Ordinance No. 3197-22 Approve and Adopt a

Development Agreement between the City of Sunnyvale and

Gary Thon-Lon Hon and Nichole Ying Lin Hon, as trustees of

the Hon Family Trust and Edward H. Leone Jr. LLC, and the

City of Sunnyvale for the development of property identified by

assessor's parcel numbers 209-28-008 and 209-28-052 and

commonly known as 355 W. Olive Avenue and 480 S. Mathilda

Avenue.

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 August 9,

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 Board on items not listed on the agenda and is limited to 15

minutes (may be extended or continued at the discretion of the Board Chair) with a

maximum of up to three minutes per speaker. Please note the Brown Act (Open

Meeting Law) does not allow the Board to take action on an item not listed on the

agenda. If you wish to address the Board, 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

22-0840

Approve Sunnyvale Financing Authority Meeting Minutes of

August 9, 2022

Recommendation:

Approve the Sunnyvale Financing Authority Meeting Minutes

of August 9, 2022 as submitted.

2.B

22-0841

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. 1139-22 adopted

on August 9, 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.

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.

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.

22-0041

Selection of the Mary Avenue Underpass with Jughandle

Option and the Sunnyvale Avenue Underpass Tunnel Option

to be Defined as the Proposed Projects for the Grade

Separation of Crossings of the Caltrain Railroad Tracks for the

Environmental Review

Recommendation:

Alternative 2: Selection of the Mary Avenue Underpass with

Jughandle option to be defined as the Proposed Project for the

grade separation of the Mary Avenue crossing of the Caltrain

railroad tracks for the Environmental Review.

Alternative 3: Selection of the Sunnyvale Avenue Underpass

Tunnel option to be defined as the Proposed Project for the

grade separation of the Sunnyvale Avenue crossing of the

Caltrain railroad tracks for the Environmental Review.

22-0043

Appoint Applicants to the Arts Commission, Board of Building

Code Appeals and Heritage Preservation Commission

Recommendation:

Alternative 2: Postpone the appointment to the Board of

Building Code Appeals until the City Council considers the

Council Subcommittee on Boards and Commission's

recommendation to disband the Board of Building Code

Appeals and appoint qualified applicants to the remaining

boards and commissions as determined by the Council. Staff

makes no recommendation regarding appointments to the

boards and commissions.

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

Boards and Commissions Semi-Annual Attendance Report,

January to June 2022 (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 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?