City Council
Regular MeetingSunnyvale, CA · May 5, 2020
Minutes
City of Sunnyvale
Meeting Minutes
City Council
Tuesday, May 5, 2020 6:30 PM Telepresence Meeting: City Web Stream |
Comcast Channel 15 | AT&T Channel 99
Special Meeting: Closed Session - 6:30 PM | Regular Meeting - 7 PM
SPECIAL TELECONFERENCE NOTICE
6:30 P.M. SPECIAL COUNCIL MEETING (Closed Session)
1 Call to Order
Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on
March 17, 2020, the meeting was conducted telephonically.
Mayor Klein called the meeting to order at 6:30 p.m. via teleconference.
2 Roll Call
Present: 7 - Mayor Larry Klein
Vice Mayor Nancy Smith
Councilmember Gustav Larsson
Councilmember Glenn Hendricks
Councilmember Russ Melton
Councilmember Michael S. Goldman
Councilmember Mason Fong
Mayor Klein, Vice Mayor Smith and all Councilmembers attended via
teleconference.
3 Public Comment
Public Comment opened at 6:31 p.m.
None.
Public Comment closed at 6:31 p.m.
4 Convene to Closed Session
20-0427 CONFERENCE WITH LEGAL COUNSEL-SETTLEMENT OF
City of Sunnyvale Page 1
City Council Meeting Minutes May 5, 2020
WORKER’S COMPENSATION CLAIM Closed Session held
pursuant to California Government Code Section 54956.95(b):
Claimant: Bart Carrigan
City of Sunnyvale Claim No. SYVX-227845
20-0428 CONFERENCE WITH LEGAL COUNSEL-PENDING
LITIGATION
Closed Session held pursuant to California Government Code
Section 54956.9 (d)(1).
Name of Case: Ronald D’Alba v. City of Sunnyvale (Workers
Compensation Appeal Board Case Nos. AB ADJ7427931 and
ADJ4363668)
20-0502 CONFERENCE WITH LEGAL COUNSEL-PENDING
LITIGATION
Closed Session held pursuant to California Government Code
Section 54956.9 (d)(1).
Name of Case: Mark Gay v. City of Sunnyvale (Workers
Compensation Appeal Board Case Nos. ADJ8938008,
ADJ8963105, ADJ8938006, and ADJ9254230)
5 Adjourn Special Meeting
Mayor Klein adjourned the meeting at 6:57 p.m.
7 P.M. COUNCIL MEETING
CALL TO ORDER
Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on
March 17, 2020, the meeting was conducted telephonically.
Mayor Klein called the meeting to order at 7:01 p.m. via teleconference.
ROLL CALL
Present: 7 - Mayor Larry Klein
Vice Mayor Nancy Smith
Councilmember Gustav Larsson
Councilmember Glenn Hendricks
Councilmember Russ Melton
Councilmember Michael S. Goldman
Councilmember Mason Fong
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City Council Meeting Minutes May 5, 2020
Mayor Klein, Vice Mayor Smith and all Councilmembers attended via
teleconference.
CLOSED SESSION REPORT
Vice Mayor Smith reported that Council met in Closed Session held pursuant to
California Government Code Section 54956.95(b): CONFERENCE WITH LEGAL
COUNSEL SETTLEMENT OF WORKER’S COMPENSATION CLAIM Claimant:
Bart Carrigan, City of Sunnyvale Claim No. SYVX 227845; nothing to report.
Vice Mayor Smith reported that Council met in Closed Session held pursuant to
California Government Code Section 54956.9 (d)(1): CONFERENCE WITH LEGAL
COUNSEL PENDING LITIGATION: Name of Case: Ronald D’Alba v. City of
Sunnyvale (Workers Compensation Appeal Board Case Nos. AB ADJ7427931 and
ADJ4363668); nothing to report.
Vice Mayor Smith reported that Council met in Closed Session held pursuant to
California Government Code Section 54956.9 (d)(1): CONFERENCE WITH LEGAL
COUNSEL PENDING LITIGATION: Name of Case: Mark Gay v. City of Sunnyvale
(Workers Compensation Appeal Board Case Nos. ADJ8938008, ADJ8963105,
ADJ8938006, and ADJ9254230); nothing to report.
SPECIAL ORDER OF THE DAY
20-0383 SPECIAL ORDER OF THE DAY - Affordable Housing Month
Mayor Klein read a proclamation in honor of Affordable Housing Month.
City Clerk David Carnahan read the following comments receive via email:
Kriti Garg, Policy and Outreach Associate, SV@Home announced upcoming online
Affordable Housing Month events.
20-0385 SPECIAL ORDER OF THE DAY - Municipal Clerks Week
Mayor Klein read a proclamation in honor of Municipal Clerks Week.
ORAL COMMUNICATIONS
None.
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City Council Meeting Minutes May 5, 2020
CONSENT CALENDAR
Vice Mayor Smith moved and Councilmember Larsson seconded the motion to
approve agenda items 1.A through 1.H.
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Smith
Councilmember Larsson
Councilmember Hendricks
Councilmember Melton
Councilmember Goldman
Councilmember Fong
No: 0
1.A 20-0473 Approve City Council Meeting Minutes of April 28, 2020
Approve the City Council Meeting Minutes of April 28, 2020 as submitted.
1.B 20-0374 Approve the List(s) of Claims and Bills Approved for Payment
by the City Manager
Approve the list(s) of claims and bills.
1.C 20-0305 Approve Budget Modification No. 28 to Appropriate $19,376 of
Santa Clara County EMS Agency Grant Funds to Existing
Project 830660 - EMS Patient Care Data System
Approve Budget Modification No. 7 to appropriate $19,376 of Santa Clara County
EMS Agency Grant Funds to existing Project 830660 - EMS Patient Care Data
System.
1.D 20-0438 Award of Contract to Kimley Horn & Associates, Inc. for Design
Services for the Advanced Dilemma Zone Phase II Project
(F20-042)
Take the following actions:
- Award a Consultant Services Agreement in substantially the same form as
Attachment 1 to the report in the amount not-to-exceed $164,634.30 to Kimley Horn
& Associates, Inc.;
- Authorize the City Manager to execute the contract when all necessary conditions
have been met; and
City of Sunnyvale Page 4
City Council Meeting Minutes May 5, 2020
- Approve a 10% contingency in the amount of $16,463.
1.E 20-0451 Award of Contract to SSA Landscape Architects, Inc. for
Design Services for the Playground Equipment Replacement
Project (F19-237)
Take the following actions:
- Award a Consultant Services Agreement in substantially the same form as
Attachment 1 to the report in the not-to-exceed contract amount of $342,281 to SSA
Landscape Architects, Inc.;
- Authorize the City Manager to execute the contract when all necessary conditions
have been met; and
- Approve a 10% contingency in the amount of $34,228.
1.F 20-0445 Authorize Amending an Existing Contract with HF&H
Consultants, LLC, for Consultant Assistance with Negotiation
for Selection of Solid Waste and Recycling Collection
Franchisee Services (F20-158)
Take the following actions:
- Authorize the City Manager to execute the First Amendment to an existing contract
with HF&H Consultants, LLC, in substantially the same format as Attachment 1 to
the report, increasing the not-to-exceed contract amount by $99,790 for a new
not-to-exceed contract amount of $239,510; and
- Approve a 15% contingency of the new scope of work in the amount of $14,969.
1.G 20-0462 Adopt a Resolution for Approval of California Office of
Emergency Services (Cal OES) Form 130, Designation of
Applicant’s Agent Resolution, in Support of City Disaster
Recovery for Disaster-Related Expenditures
Adopt a Resolution for approval of California Office of Emergency Services (Cal
OES) Form 130, Designation of Applicant’s Agent Resolution, in support of City
disaster recovery for disaster-related expenditures.
1.H 20-0478 Adopt a Resolution Approving an Extension Up to Six Months
to the Home Loan Purchase Program for the Director of
Environmental Services Due to the COVID-19 Emergency
Adopt a Resolution approving an extension up to six months to the Home Loan
Purchase Program for the Director of Environmental Services due to the COVID-19
Emergency.
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City Council Meeting Minutes May 5, 2020
PUBLIC HEARINGS/GENERAL BUSINESS
2 20-0112 Approve the Elimination of Fines on Overdue Library Materials
(Study Issue LCS 19-02)
Department of Library and Community Services Director Cherise Brandell provided
the staff report and presentation.
Public Hearing opened at 7:36 p.m.
City Clerk David Carnahan read the following public comments received via email:
Daniel Bremond, Board of Library Trustee Member shared that the Board
unanimously supported alternatives 1, 2, 3 and 4. Speaking on his behalf, he
communicated changing the effective date for alternatives 1 and 2 to be immediate
instead of July 1, 2020 due to the current situation.
Public Hearing closed at 7:37 p.m.
Councilmember Fong moved and Councilmember Melton seconded the motion to
approve Alternatives 1, 2, 3, and 4:
1. Approve a “Fresh Start” amnesty program to remove past fine debt with
immediate implementation;
2. Amend the City’s fee schedule to eliminate fines for all overdue library materials,
effective immediately;
3. Revise Section B.5 of Council Policy 7.1.1, adding Subsection B.5.9 to include
authority for the Director of Library and Community Services to waive Library fees
and renumbering the remaining subsections (Attachment 3); and
4. Direct staff to provide the Board of Library Trustees and Council with a report
evaluating the impact of these changes by October 2021.
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Smith
Councilmember Larsson
Councilmember Hendricks
Councilmember Melton
Councilmember Goldman
Councilmember Fong
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City Council Meeting Minutes May 5, 2020
No: 0
3 20-0434 Introduce an Ordinance to Amend Title 10 (Vehicles and
Traffic); Sections 10.04.090 (General), 10.16.020 (Parking
Regulations), 10.36.065 (Loading and Special Zones), and
10.56.140 (Bicycles) of the Sunnyvale Municipal Code for
Clarification and Cleanup
Captain Hank Syu provided the staff report.
Public Hearing opened at 7:57 p.m.
City Clerk David Carnahan read the following public comments received via email:
Richard Mehlinger voiced concern with Council considering proposed changes to
the ordinance without review by the BPAC. He requested Council defer
consideration of the item and to direct staff to schedule a review of the revised
ordinance by the BPAC.
Public Hearing closed at 7:59 p.m.
Councilmember Melton moved and Councilmember Larsson seconded the motion to
Introduce an Ordinance to Amend Sections 10.04.090 (General), 10.16.020 (parking
Regulations, 10.36.065 (Loading and Special Zones), and 10.56.140 (Bicycles) of
Title 10 (Vehicles and Traffic) of the Sunnyvale Municipal Code for Clarification and
Cleanup.
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Smith
Councilmember Larsson
Councilmember Hendricks
Councilmember Melton
Councilmember Goldman
Councilmember Fong
No: 0
COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
Mayor Klein shared his attendance at a Cities Association of Santa Clara County
City of Sunnyvale Page 7
City Council Meeting Minutes May 5, 2020
meeting addressing collaborative COVID-19 relief efforts, testing and tracing.
NON-AGENDA ITEMS & COMMENTS
-Council
Councilmember Melton asked for an update regarding the Budget Workshop
including the anticipated release date of the FY 2020/21 recommended budget and
a list of potential general fund reduction items. He requested exploring two potential
policies related to declining general fund revenues and providing mutual aid to
neighboring cities. The mutual aid policy may include a process that would identify
un-reimbursable and reimbursable costs prior to approving requests for mutual aid.
Mayor Klein mentioned that staff responds to requests for aid due to emergencies
as quickly as possible. He agrees there are levels for educating Council when
reviewing the budget in the coming years. The request will be discussed with the
City Manager.
-City Manager
City Manager Kent Steffens announced that publication of the Tentative Council
Meeting Agenda Calendar has restarted.
Mr. Steffens shared that the Budget Workshop will be held on May 21, 2020 and
that the tentative release date of the recommended budget for FY 2020/21 is May
11, 2020. The budget will include a list of possible budget reductions.
INFORMATION ONLY REPORTS/ITEMS
20-0373 Tentative Council Meeting Agenda Calendar
20-0474 Information/Action Items
ADJOURNMENT
Mayor Klein adjourned the meeting at 8:18 p.m.
City of Sunnyvale Page 8
Agenda
City of Sunnyvale
Notice and Agenda
City Council
Tuesday, May 5, 2020 6:30 PM Telepresence Meeting: City Web Stream |
Comcast Channel 15 | AT&T Channel 99
Special Meeting: Closed Session - 6:30 PM | Regular Meeting - 7 PM
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, the meeting of the Sunnyvale City
Council on May 5, 2020, will take place by teleconference, as allowed by
Governor Gavin Newsom’s Executive Order N-29-20.
• Watch the City Council meeting at sunnyvaleca.legistar.com/calendar.aspx or on
television over AT&T U-verse Channel 99 or Comcast Channel 15.
• Submit written comments to the City Council up to 4 hours prior to the meeting to
council@sunnyvale.ca.gov or by mail to City Clerk, 603 All America Way,
Sunnyvale, CA 94086.
• Send verbal comments to cityclerk@sunnyvale.ca.gov. The first three minutes of
each email received before the close of public comment will be read during the
meeting. Please identify the Agenda Item you are addressing in the email subject.
• Leave a voicemail at (408) 730-7925. Each voicemail received before the close
of public comment will be played at the appropriate time during the Council
meeting. Please identify the Agenda Item you are addressing in your voicemail.
Pursuant to the Americans with Disabilities Act (ADA) and Executive Order
N-29-20, if you need special assistance to provide public comment, contact the
City at least 2 hours prior to the meeting in order for the City to make reasonable
alternative arrangements for you to communicate your comments. 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)).
City of Sunnyvale Page 1 Printed on 4/30/2020
City Council Notice and Agenda May 5, 2020
6:30 P.M. SPECIAL COUNCIL MEETING (Closed Session)
1 Call to Order
Call to Order via teleconference.
2 Roll Call
3 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.
4 Convene to Closed Session
20-0427 CONFERENCE WITH LEGAL COUNSEL-SETTLEMENT OF
WORKER’S COMPENSATION CLAIM Closed Session held
pursuant to California Government Code Section 54956.95(b):
Claimant: Bart Carrigan
City of Sunnyvale Claim No. SYVX-227845
20-0428 CONFERENCE WITH LEGAL COUNSEL-PENDING
LITIGATION
Closed Session held pursuant to California Government Code
Section 54956.9 (d)(1).
Name of Case: Ronald D’Alba v. City of Sunnyvale (Workers
Compensation Appeal Board Case Nos. AB ADJ7427931 and
ADJ4363668)
20-0502 CONFERENCE WITH LEGAL COUNSEL-PENDING
LITIGATION
Closed Session held pursuant to California Government Code
Section 54956.9 (d)(1).
Name of Case: Mark Gay v. City of Sunnyvale (Workers
Compensation Appeal Board Case Nos. ADJ8938008,
ADJ8963105, ADJ8938006, and ADJ9254230)
5 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
City of Sunnyvale Page 2 Printed on 4/30/2020
City Council Notice and Agenda May 5, 2020
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
20-0383 SPECIAL ORDER OF THE DAY - Affordable Housing Month
20-0385 SPECIAL ORDER OF THE DAY - Municipal Clerks Week
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 20-0473 Approve City Council Meeting Minutes of April 28, 2020
Recommendation: Approve the City Council Meeting Minutes of April 28, 2020 as
submitted.
1.B 20-0374 Approve the List(s) of Claims and Bills Approved for Payment
by the City Manager
Recommendation: Approve the list(s) of claims and bills.
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City Council Notice and Agenda May 5, 2020
1.C 20-0305 Approve Budget Modification No. 28 to Appropriate $19,376 of
Santa Clara County EMS Agency Grant Funds to Existing
Project 830660 - EMS Patient Care Data System
Recommendation: Approve Budget Modification No. 7 Appropriate $19,376 of
Santa Clara County EMS Agency Grant Funds to Existing
Project 830660 - EMS Patient Care Data System.
1.D 20-0438 Award of Contract to Kimley Horn & Associates, Inc. for Design
Services for the Advanced Dilemma Zone Phase II Project
(F20-042)
Recommendation: - Award a Consultant Services Agreement in substantially the
same form as Attachment 1 to the report in the amount
not-to-exceed $164,634.30 to Kimley Horn & Associates, Inc.
- Authorize the City Manager to execute the contract when all
necessary conditions have been met, and
- Approve a 10% contingency in the amount of $16,463
1.E 20-0451 Award of Contract to SSA Landscape Architects, Inc. for
Design Services for the Playground Equipment Replacement
Project (F19-237)
Recommendation: - Award a Consultant Services Agreement in substantially the
same form as Attachment 1 to the report in the not-to-exceed
contract amount of $342,281 to SSA Landscape Architects,
Inc.
- Authorize the City Manager to execute the contract when all
necessary conditions have been met, and
- Approve a 10% contingency in the amount of $34,228
1.F 20-0445 Authorize Amending an Existing Contract with HF&H
Consultants, LLC, for Consultant Assistance with Negotiation
for Selection of Solid Waste and Recycling Collection
Franchisee Services (F20-158)
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City Council Notice and Agenda May 5, 2020
Recommendation: Take the following action:
1. Authorize the City Manager to execute the First Amendment
to an existing contract with HF&H Consultants, LLC, in
substantially the same format as Attachment 1 to the report,
increasing the not-to-exceed contract amount by $99,790 for a
new not-to-exceed contract amount of $239,510; and
2. Approve a 15% contingency of the new scope of work in the
amount of $14,969.
1.G 20-0462 Adopt a Resolution for Approval of California Office of
Emergency Services (Cal OES) Form 130, Designation of
Applicant’s Agent Resolution, in Support of City Disaster
Recovery for Disaster-Related Expenditures
Recommendation: Adopt a Resolution for Approval of California Office of
Emergency Services (Cal OES) Form 130, Designation of
Applicant's Agent Resolution, in Support of City Disaster
Recovery for Disaster-Related Expenditures
1.H 20-0478 Adopt a Resolution Approving an Extension Up to Six Months
to the Home Loan Purchase Program for the Director of
Environmental Services Due to the COVID-19 Emergency
Recommendation: Adopt a Resolution Approving an Extension Up to Six Months
to the Home Loan Purchase Program for the Director of
Environmental Services Due to the COVID-19 Emergency
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.
2 20-0112 Approve the Elimination of Fines on Overdue Library Materials
(Study Issue LCS 19-02)
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City Council Notice and Agenda May 5, 2020
Recommendation: Alternatives 1, 2, 3, and 4:
Alternative 1- Approve a "Fresh Start" amnesty program to
remove past fine debt with immediate implementation;
Alternative 2 - Amend the City's fee schedule to eliminate fines
for all overdue library materials, effective immediately;
Alternative 3 - Revise Section B.5 of Council Policy 7.1.1,
adding Subsection B.5.9 to include authority for the Director of
Library and Community Services to waive Library fees and
renumbering the remaining subsections (Attachment 3 to the
report); and
Alternative 4 - Direct staff to provide the Board of Library
Trustees and Council with a report evaluating the impact of
these changes by October 2021.
3 20-0434 Introduce an Ordinance to Amend Title 10 (Vehicles and
Traffic); Sections 10.04.090 (General), 10.16.020 (Parking
Regulations), 10.36.065 (Loading and Special Zones), and
10.56.140 (Bicycles) of the Sunnyvale Municipal Code for
Clarification and Cleanup
Recommendation: Introduce an Ordinance to Amend Sections 10.04.090
(General), 10.16.020 (parking Regulations, 10.36.065
(Loading and Special Zones), and 10.56.140 (Bicycles) of Title
10 (Vehicles and Traffic) of the Sunnyvale Municipal Code for
Clarification and Cleanup
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.
20-0373 Tentative Council Meeting Agenda Calendar
City of Sunnyvale Page 6 Printed on 4/30/2020
City Council Notice and Agenda May 5, 2020
20-0474 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 contactthe 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 following the meeting.
Upcoming Meetings
Visit https://sunnyvaleca.legistar.com for upcoming Council, board and
commission meeting information.
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City Council Notice and Agenda May 5, 2020
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