City of Sunnyvale

Notice and Agenda

City Council

Tuesday, September 27, 2022

5:30 PM

Telepresence Meeting: City Web Stream |

Comcast Channel 15 | AT&T Channel 99

Special Meeting: Closed Session - 5:30 p.m. | 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 30 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)).

5:30 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

Adjourn Special Meeting

22-0889

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)

22-0890

CONFERENCE WITH LEGAL COUNSEL-PENDING

LITIGATION Closed Session held pursuant to California

Government Code Section 54956.9(d)(1). Name of case: Jane

Doe v. The City of Sunnyvale, The City of Sunnyvale

Department of Public Safety, Joel Lockwood, Santa Clara

County Superior Court, Case No. 22CV399041

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

22-0939

22-0967

Active Aging Week and Arts and Humanities Month

Breast Cancer Awareness 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

22-0709

Approve City Council Meeting Minutes of September 13, 2022

Recommendation:

Approve the City Council Meeting Minutes of September 13,

2022 as submitted.

1.B

22-0888

Approve City Council Meeting Minutes of September 20, 2022

(Moffett Park Specific Plan Mobility)

Recommendation:

Approve the City Council Meeting Minutes of September 20,

2022 as submitted.

1.C

22-0186

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.D

22-0575

Approve Budget Modification No. 4 in the amount of $5,040

from the Council Service Level Set-Aside for the Addition of an

Automatic Dependent Surveillance Broadcast or ADSB

Exchange Subscription to the Airplane Noise Monitoring

System to Provide Complete Information of All Aircraft

Equipped with the Proper Transponder not Already Captured

by the Currently Available Systems

Recommendation:

Approve Budget Modification No. 4 in the amount of $5,040

from the Council Service Level Set-Aside for the Addition of an

Automatic Dependent Surveillance Broadcast or ADSB

Exchange Subscription to the Airplane Noise Monitoring

System to Provide Complete Information of All Aircraft

Equipped with the Proper Transponder not Already Captured

by the Currently Available Systems

1.E

22-0816

Adopt the City’s Investment Policy for Fiscal Year 2022/23 and

Receive Annual Performance Report for Fiscal Year 2021/22

Recommendation:

Adopt the City's Investment Policy for FY 2022/23 (Council

Policy 7.1.2) and Receive Annual Performance Report for

Fiscal Year 2021/22.

1.F

22-0938

Receive a Report of an Emergency Procurement to Provide

Polymer to Meet Compliance Requirements at the Water

Pollution Control Plant and Find that the Project is Urgent for

the Preservation of Life, Health, or Property (F23-032)

Recommendation:

Receive the Report of an Emergency Procurement to provide

Polymer to meet Compliance Requirements at the Water

Pollution Control Plant and find that the project is urgent for

the Preservation of Life, Health, or Property,

1.G

22-0852

Award of Contract to Tennyson Electric, Inc. for Street Lights

Conduit Replacement 2022 and Finding of California

Environmental Quality Act (CEQA) Categorical Exemption

(PW23-07)

Recommendation:

Award a contract in substantially the same form as

Attachment 2 to the report in the amount of $388,611.50 to

Tennyson Electric, Inc. of Livermore;

Make a finding of categorical exemption from the California

Environmental Quality Act pursuant to California

Environmental Quality Act Guidelines Section 15302(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 $38,861.

1.H

22-0951

Authorize the City Manager to Execute an Agreement with the

California Department of Technology for the Purchase of

Microsoft Online Subscription Services (F23-025)

Recommendation:

Authorize the City Manager to Execute an Agreement with the

California Department of Technology for Microsoft online

subscription services in a not-to-exceed contract amount of

$2,034,910 and for a term of three years and four months and

and approve a 9.8% contingency in the amount of $200,000.

1.I

22-0544

Adopt a Resolution Acknowledging Receipt of a Report from

the Department of Public Safety Regarding Annual Fire and

Life Safety Inspections Pursuant to Sections 13146.2 Through

13146.4 of the California Health and Safety Code

Recommendation:

Adopt a Resolution acknowledging receipt of a report from the

Department of Public Safety regarding annual Fire and Life

Safety Inspections pursuant to Sections 13146.2 through

13146.4 of the California Health and Safety Code.

1.J

22-0590

Adopt a Resolution Amending the City of Sunnyvale Local

Conflict of Interest Code

Recommendation:

Adopt a Resolution amending the City of Sunnyvale Local

Conflict of Interest Code.

1.K

22-0838

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.L

22-0913

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.M

22-0954

Adopt Ordinance No. 3198-22 to Amend Chapter 2.30

(Appointment Process to Fill Vacancies on the City Council) of

the Sunnyvale Municipal Code

Recommendation:

Adopt Ordinance No. 3198-22 to amend Chapter 2.30

(Appointment Process to Fill Vacancies on the City Council) of

the Sunnyvale Municipal Code.

1.N

22-0955

Adopt Ordinance No. 3199-22 to Amend Section 2.29.010

(Electronic Filing of Campaign Statements and Statements of

Economic Interests) of the Sunnyvale Municipal Code Relating

to Electronic Filing of Campaign Statements and Statements of

Economic Interests to Correct a Typographical Error

Recommendation:

Adopt Ordinance No. 3199-22 to amend Section 2.29.010

(Electronic Filing of Campaign Statements and Statements of

Economic Interests) of the Sunnyvale Municipal Code relating

to electronic filing of campaign statements and statements of

economic interests to correct a typographical error

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 30,

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

22-0914

Approve Sunnyvale Financing Authority Meeting Minutes of

August 30, 2022

Recommendation:

Approve the Sunnyvale Financing Authority Meeting Minutes

of August 30, 2022 as submitted.

2.B

22-0915

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.

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.

22-0907

REQUEST FOR CONTINUANCE TO A DATE UNCERTAIN

Consider a Tenant Protection and Right to Lease Ordinance

(Study Issue)

Recommendation:

Continue the City Council hearing to a date uncertain.

22-0911

CONTINUED FROM AUGUST 30, 2022

Selection of the Sunnyvale Avenue Underpass Tunnel Option

to be Defined as the Proposed Project for the Grade

Separation of Crossing of the Caltrain Railroad Tracks for the

Environmental Review

Recommendation:

Alternative 1: 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.

22-0832

Authorize the City Manager to Execute an Operating

Agreement with Bird Rides, Inc. for a One-year Pilot Operation

of a Stand-up Electric Scooter Sharing Program

Recommendation:

Alternative 1: Authorize the City Manager to Execute an

Operating Agreement with Bird Rides, Inc. for a One-Year Pilot

Operation of a Stand-Up Electric Scooter Sharing Program

and Authorize the City Manager to exercise the option for an

additional one year upon determination that it is in the best

interest of the City

22-0831

Introduce an Ordinance Amending Section 9.62.090 of

Chapter 9.62 (Public Parks) of the Sunnyvale Municipal Code

Recommendation:

Alternative 1: Introduce an Ordinance to Amend Sunnyvale

Municipal Code Section 9.62.090 (Loitering Prohibited During

Certain Hours) of Chapter 9.62 (Public Parks) of the

Sunnyvale Municipal Code.

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

Board/Commission Resignation (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?

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.