City of Sunnyvale

Notice and Agenda

City Council

Tuesday, November 29, 2022

4:30 PM

Telepresence Meeting: City Web Stream |

Comcast Channel 15 | AT&T Channel 99

Special Meeting: Closed Session 4:30 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 November 1, 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)).

4:30 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

22-1037

Closed Session held pursuant to California Government Code

Section 54956.9:

CONFERENCE WITH LEGAL COUNSEL-EXISTING

LITIGATION

(Paragraph (1) of subdivision (d) of Section 54956.9)

Name of case: San Francisco Baykeeper v. City of Sunnyvale,

U.S. Dist. Of California, Case No.: 5:20-CV-00824-EJD

22-0854

22-0855

Closed Session held pursuant to California Government Code

Section 54957:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION

Title: City Manager

Closed Session held pursuant to California Government Code

Section 54957:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION

Title: City Attorney

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

PRESENTATION

22-0192

2022 Municipal Information Systems Association of California

(MISAC) Awards, Presented by MISAC Board Member Gaurav

Garg

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

22-0824

Approve City Council Meeting Minutes of November 1, 2022

Recommendation:

Approve the City Council Meeting Minutes of November 1,

2022 as submitted.

1.B

22-0958

Approve City Council Meeting Minutes of November 2, 2022

(Board and Commission Interviews | Gun Safety Measures

Study Session)

Recommendation:

Approve the City Council Meeting Minutes of November 2,

2022 as submitted.

1.C

22-1013

Adopt a Resolution Authorizing Acceptance of Subgrants and

Agreements for Federal and State Funds on Behalf of NOVA

Workforce Services and Execution of Documents Related to

Such Subgrants and Agreements

Recommendation:

Adopt a Resolution authorizing acceptance of subgrants and

agreements for federal and state funds on behalf of NOVA

Workforce Services and execution of documents related to

such subgrants and agreements.

1.D

22-1071

Approve Request from the Sunnyvale Chamber of Commerce

to Reduce the Outstanding City Fees for the 2022 Art and

Wine Festival by 50 Percent ($9,139.02)

Recommendation:

Approve the Sunnyvale Chamber's request to reduce the

outstanding City fees for the 2022 Art and Wine Festival by 50

Percent ($9,139.02). The Festival is a community-wide event

and is attended by the Sunnyvale community. The Festival

drew a lot of visitors to the downtown area and the local

businesses benefitted from the Festival.

1.E

22-1070

Adopt a Resolution to Amend the City’s Salary Resolution to

Update the Schedule of Pay by Increasing Salaries for the

Classifications of Network and Systems Engineer I/II

Recommendation:

Adopt a Resolution to Amend the City's Salary Resolution to

Update the Schedule of Pay by Increasing Salaries for the

Classifications of Network and Systems Engineer I/II effective

the first pay period after City Council approval.

1.F

22-1032

Approve the Third Amendment to Outside Counsel Agreement

with Downey Brand for Litigation Services Pertaining to the

Pending Litigation San Francisco Baykeeper v. City of

Sunnyvale Increasing the Not-to-Exceed Contract Amount by

$250,000 for a new Not-to-Exceed Contract Amount of

$750,000 and Approve Budget Modification No. 6

Recommendation:

Authorize the Agency Counsel to execute a Third Amendment,

in substantially the same form as Attachment 1 to the report, to

the Legal Services Agreement with the law firm of Downey

Brand, LLP to increase the not-to-exceed amount $250,000 for

a new not-to-exceed contract amount $750,000 and approve

Budget Modification No. 6 in the amount of $250,000.

1.G

22-1047

Award of Contract to J.J.R. Construction, Inc. for Pedestrian

and Bike Infrastructure Improvements and Finding of California

Environmental Quality Act (CEQA) Categorical Exemption

(PW23-09) and Make a Finding that the Project is Exempt from

the California Environmental Quality Act (CEQA) Pursuant to

CEQA Guidelines Section 15301(c)

Recommendation:

- Award a contract in substantially the same form as

Attachment 2 to the report in the amount of $779,224 to J.J.R.

Construction, Inc. of San Mateo;

- Make a finding of categorical exemption from the California

Environmental Quality Act pursuant to CEQA 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 $77,922.

1.H

22-1056

Award of three contracts to Solenis LLC, Polydyne Inc., and

San Joaquin Chemicals for the purchase of Polymer for the

Water Pollution Control Plant and Approval of Budget

Modification No. 7 (F22-148) and Find that this Action is

Exempt from the California Environmental Quality Act (CEQA)

Pursuant to CEQA Guideline 15378(b)(2)

Recommendation:

Take the following actions:

- Award three (3) three-year contracts in substantially the

same form as Attachment 2, 3 and 4 to the report to: Solenis

LLC, of Wilmington, DE, in an amount not-to-exceed

$5,000,000, Polydyne Inc. of Riceboro, CA, in an amount

not-to-exceed $3,000,000, and San Joaquin Chemicals, Inc. of

Fresno, CA in an amount not-to-exceed $1,000,000;

- Authorize the City Manager to execute the contracts when all

necessary conditions have been met; and

- Authorize the City Manager to increase and extend each

contract for up to three additional one-year periods based on

available funding, need, pricing, and performance of the

product.

- Approve Budget Modification No. 7 in the amount of

$1,000,000

- Find that the action being considered does not constitute a

"project" within the meaning of the California Environmental

Quality Act ("CEQA") pursuant to CEQA Guidelines section

15378(b)(2) as it is a continuing administrative or maintenance

activity, such as the purchase for supplies.

1.I

22-1045

Modify an Existing Contract Purchase Agreement with

OverDrive Inc. for eBooks and eAudio Content (F23-051) and

Find that this Action is Exempt from the California

Environmental Quality Act (CEQA) Pursuant to CEQA

Guideline 15378(b)(2)

Recommendation:

Authorize the City Manager to modify the existing Contract

Purchase Agreement with OverDrive Inc. for eBooks and

eAudio content, increasing the not-to-exceed amount by

$60,000 to a new not-to-exceed total amount of $285,000.

1.J

22-1046

Modify an Existing Contract Purchase Agreement with Western

States Oil for Diesel Fuel (F23-062) and Find that this Action is

Exempt from CEQA Pursuant to CEQA Guideline 15378(b)(2).

Recommendation:

Take the following actions:

- Authorize the City Manager to modify the existing Contract

Purchase Agreement with Western States Oil for diesel fuel,

increasing the not-to-exceed amount by $150,000 to a new

not-to-exceed amount of $390,000 and find that the action is

exempt from CEQA pursuant to CEQA Guidelines 15378(b)(2);

and

- Authorize the City Manager to modify the new not-to-exceed

amount and to renew the contract for up to three (3) additional

one-year periods, both subject to available budget and if

pricing and service remain acceptable to the City.

1.K

22-0790

Reject all Bids Received for the East Sunnyvale Area Sense of

Place (PW22-15) and Make a Finding that the Action Does not

Constitute a “project” with the Meaning of the California

Environmental Quality Act Guidelines Section 15378(b)(4)

Recommendation:

Reject all bids received in response to Invitation for Bids

PW22-15 East Sunnyvale Area Sense of Place

1.L

22-0862

Accept Proposed Unconditional Donation of Art, Titled Ito

Den-emon House Collage, from the Sunnyvale Art Club and

Iizuka Art Association

Recommendation:

Alternative 1: Accept Proposed Unconditional Donation of Art,

titled Ito Den-emon House Collage, from the Sunnyvale Art

Club and Iizuka Art Association

1.M

22-1122

Adopt a Resolution Authorizing the City to Apply to and

Participate in the State of California’s Prohousing Designation

Program

Recommendation:

Adopt a Resolution Authorizing the City to Apply to and

Participate in the State of California's Prohousing Designation

Program.

1.N

22-1076

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.

1154-22 adopted on November 1, 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.O

22-1080

Adopt Ordinance No 3203-22 to Amend, Approve, and Adopt a

Revised Public Safety Military Equipment Use Policy Pursuant

to California Assembly Bill No. 481, to Increase the Authorized

Quantity of Unmanned Aerial Systems, Commonly Referred to

as Drones, from two to Three Devices.

Recommendation:

Adopt Ordinance No. 3203-22 to Amend, Approve, and Adopt

a Revised Public Safety Military Equipment Use Policy

Pursuant to California Assembly Bill No. 481, to Increase the

Authorized Quantity of Unmanned Aerial Systems, Commonly

Referred to as Drones, from Two to Three Devices.

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 November

1, 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

22-1077

Approve Sunnyvale Financing Authority Meeting Minutes of

November 1, 2022

Recommendation:

Approve the Sunnyvale Financing Authority Meeting Minutes

of November 1, 2022 as submitted.

2.B

22-1078

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. 1154-22 adopted

on November 1, 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.

22-1112

REQUEST FOR CONTINUANCE TO A DATE CERTAIN

Proposed Project: Adopt a Resolution for a:

SPECIFIC PLAN AMENDMENT to modify Block 20 of the

Downtown Specific Plan to allow additional residential units

and office square footage, and associated modifications to

design guidelines and development standards; and

GENERAL PLAN AMENDMENT to reflect increases in

Projected Build-out in the Land Use and Transportation

Element (LUTE).

Location: 510 and 528 S. Mathilda Avenue (APNs: 209-29-060

and 061), and 562 and 568 S. Mathilda Avenue (APNs:

209-29-057 and 067)

File #: 2018-7585

Zoning: DSP (Block 20)

Applicant / Owner: Shawn Karimi, Karimi Shahriar Trustee

(applicant and owner 510 and 528 S. Mathilda Avenue) and

Shawn Taheri, Sam Cloud Barn LLC (applicant and owner 562

and 568 S. Mathilda Avenue)

Environmental Review: Addendum to the Downtown Specific

Plan Amendments Final Environmental Impact Report for the

Block 20 Area Project.

Project Planner: Margaret Netto, (408) 730-7628,

mnetto@sunnyvale.ca.gov

Recommendation:

Continue the item to the City Council hearing on January 10,

2023.

22-0385

Approve Art in Private Development Project - Hunter

Properties/CityLine, Titled Heads (Phase 2, Artwork 1 of 4) in

a Temporary Location for up-to 3 Years and Require Submittal

of the Permanent Artwork Location, Landscaping and Lighting

Plans for Council Approval Prior to Permanently Relocating it

to Redwood Square

Recommendation:

Alternative 1: Approve Art in Private Development Project -

Hunter Properties/CityLine, titled Heads (Phase 2, Artwork 1 of

4) in a Temporary Location for Up to 3 Years and Require

Submittal of the Permanent Artwork Location, Landscaping

and Lighting Plans for Council Approval Prior to Permanently

Relocating it to Redwood Square

22-0818

Adopt Resolution Establishing a Human Relations Commission

and Approve Conforming Amendments to Council Policy 7.2.19

on Boards and Commissions

Recommendation:

Alternative 1: Adopt Resolution Establishing a Human

Relations Commission and Approve Conforming Amendments

to Council Policy 7.2.19 on Boards and Commissions

22-0718

Council Subcommittee on Boards and Commissions

Recommendation to Dissolve the Board of Building Code

Appeals and Have City Council Serve as the Local Appeals

Board as set Forth in the California Building Code Section

1.8.8.1

Recommendation:

Staff makes no recommendation. This report is developed to

facilitate conversation for the public hearing and action by the

City Council.

22-0631

Approve Updates to Council Policy 7.2.19 (Boards and

Commissions) Including: Timing of Appointments for Incumbent

Members; Bicycle and Pedestrian Advisory Commission

Categories; Sustainability Commission Category Two

Description as Recommended by the Council Subcommittee

on Boards and Commissions and Removal of Gender Specific

Language

Recommendation:

Staff makes no recommendation. This report was prepared to

facilitate a discussion and direction to staff by Council, as well

as to report the findings of the Council Subcommittee on

Boards and Commissions for the Council's consideration.

22-0038

Appoint Applicants to the Heritage Preservation Commission,

and Housing and Human Services Commission

Recommendation:

Staff makes no recommendation.

22-1053

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.

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.

22-1021

22-1054

22-1055

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 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 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.