Muyni
← Back to Sunnyvale

City Council

Regular Meeting

Sunnyvale, CA · July 11, 2023

AgendaMinutes

Minutes

City of Sunnyvale Meeting Minutes City Council Tuesday, July 11, 2023 7:00 PM Online and Bay Conference Room (Room 145), City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Regular Meeting - 7 PM 7 P.M. COUNCIL MEETING CALL TO ORDER Mayor Klein called the meeting to order at 7:00 p.m. SALUTE TO THE FLAG Mayor Klein led the salute to the United States flag. ROLL CALL Present: 7 - Mayor Larry Klein Vice Mayor Omar Din Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Richard Mehlinger Councilmember Murali Srinivasan Councilmember Linda Sell Vice Mayor Din participated via teleconference from 1700 Harvard Street, Apt. 702, NW Washington, DC 20009. SPECIAL ORDER OF THE DAY A 23-0475 Disability Pride Month Mayor Klein spoke in recognition of Disability Pride Month. Jordan Davis, Attorney, Disability Rights California, provided words in acknowledgement of Disability Pride Month. ORAL COMMUNICATIONS City of Sunnyvale Page 1 City Council Meeting Minutes July 11, 2023 Councilmember Mehlinger announced details of the current recruitment for various Boards and Commissions, the inaugural Human Relations Commission meeting and Sunnyvale’s email subscription service. Member of the public questioned why Sunnyvale does not hold Fourth of July celebrations similar to neighboring cities. Mike Johnson, Executive Director, Sunnyvale Downtown Association, announced the Summer Series Music + Market being held in downtown Sunnyvale. Tim Miller shared a complaint regarding construction disruptions on behalf of residents of the Courtyard Condominium Complex on E. Evelyn Ave. CONSENT CALENDAR Public Comment opened at 7:19 p.m. No speakers. Public Comment closed at 7:19 p.m. MOTION: Vice Mayor Din moved and Councilmember Melton seconded the motion to approve agenda items 1.A through 1.G. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 1.A 23-0628 Approve City Council Meeting Minutes of June 20, 2023 Approve the City Council Meeting Minutes of June 20, 2023 as submitted. 1.B 23-0081 Approve City Council Meeting Minutes of June 27, 2023 Approve the City Council Meeting Minutes of June 27, 2023 as submitted. 1.C 23-0273 Approve the List(s) of Claims and Bills Approved for Payment City of Sunnyvale Page 2 City Council Meeting Minutes July 11, 2023 by the City Manager Approve the list(s) of claims and bills. 1.D 23-0636 Authorize the Issuance of Purchase Agreement to Hasa, Inc. for Purchase of Sodium Hypochlorite at the Water Pollution Control Plant (F23-159) Take the following actions: - Authorize the issuance of a purchase agreement to Hasa, Inc., in the not-to-exceed amount of $300,000 for the purchase of sodium hypochlorite; and - Authorize the City Manager to amend the not-to-exceed amount of the annual purchase order within operating budgeted appropriation limits if additional quantities are needed for wastewater treatment processes. 1.E 23-0303 Approve the Proposed Sunnyvale Middle School Master Plan to Accommodate New Facilities, Authorize the City Manager to Execute the First Amendment to the Agreement Between the City and the Sunnyvale School District Regarding the Master Plan and Find the Action is Exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15302 and 15061 Approve the Proposed Master Plan for Sunnyvale Middle School open space to include the new permanent classrooms (Attachment 4 to the report) and to authorize the City Manager to execute the First Amendment to the agreement between the City and the Sunnyvale School District pertaining to the use, maintenance and improvement for public recreational purposes of various buildings and open space at school sites owned by the Sunnyvale School District (Attachment 3 to the Report) and find the action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines sections 15302 and 15061. 1.F 23-0727 Adopt Ordinance No. 3216-23 to Amend Section 19.37.020 (Applicability) of Chapter 19.37 (Landscaping, Irrigation and Useable Open Space) of Title 19 (Zoning) of the Sunnyvale Municipal Code Adopt Ordinance No. 3216-23 to amend Section 19.37.020 (Applicability) of Chapter 19.37 (Landscaping, Irrigation and Useable Open Space) of Title 19 (Zoning) of the Sunnyvale Municipal Code. 1.G 23-0728 Adopt Ordinance No. 3217-23 to Amend Section 2.09.040 (Project Responsibilities) of Chapter 2.09 (Public Works City of Sunnyvale Page 3 City Council Meeting Minutes July 11, 2023 Contracting) of Title 2 (Administration and Personnel) of the Sunnyvale Municipal Code Relating to Public Works Contracting Adopt Ordinance No. 3217-23 to amend Section 2.09.040 (Project Responsibilities) of Chapter 2.09 (Public Works Contracting) of Title 2 (Administration and Personnel) of the Sunnyvale Municipal Code relating to public works contracting. PUBLIC HEARINGS/GENERAL BUSINESS 2 23-0676 CONTINUED FROM MAY 16, 2023 Proposed Project: Actions for consideration related to the Moffett Park Specific Plan (MPSP) to: A. Adopt a Resolution (Attachments 5 and 7) to 1. Certify the Environmental Impact Report (EIR); 2. Make the findings required by California Environmental Quality Act (CEQA); 3. Adopt the Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program; 4. Adopt the Water Supply Assessment; 5. Adopt the Amended Moffett Park Specific Plan (with Staff recommended modifications to the draft MPSP detailed in Attachment 9); 6. Amend the General Plan text and update the General Plan Map; and 7. Update the Green Building Program Table. B. Adopt a Resolution (Attachment 6) to: 1. Amend the Fiscal Year 2022/23 Master Fee Schedule to adjust the MPSP Planning Application Fees, including the addition of the MPSP Maintenance Fee, the MPSP Infrastructure Fee and the MPSP Transportation Impact Fee (TIF). C. Introduce a Draft Ordinance (Attachment 8) to: 1. Repeal and Re-Adopt Sunnyvale Municipal Code (SMC) Chapter 19.29 (Moffett Park Specific Plan) and make other amendments to Title 19 (Zoning) to implement the MPSP; 2. Add SMC Chapter: 3.56 (MPSP Transportation Impact Fee) to Title 3 (Revenue and Finance); and 3. Amend the Zoning Plan District Map and re-zone parcels currently within the new MPSP district. City of Sunnyvale Page 4 City Council Meeting Minutes July 11, 2023 Location: Existing Plan: Moffett Park Specific Plan File number: 2018-7715 (Moffett Park Specific Plan) General Plan Designation: Existing: Moffett Park Specific Plan Proposed: Moffett Park Specific Plan Zoning: Existing Zoning: MP-I: Industrial MP- TOD: Transit Oriented Development MP-C: Commercial Proposed MPSP Zoning Districts: MP-AC: Activity Center MP-R: Residential MP-MU: Mixed Use MP-O1: Office 1 MP-O2: Office 2 MP-E1: Mixed Employment 1 MP-E2: Mixed Employment 2 MP-E3: Mixed Employment 3 MP-H: Hospitality MP-PF: Public Facilities Proposed Combining District ECD: Ecological Combining District Applicant: City of Sunnyvale Environmental Review: Environmental Impact Report (SCH # 20210880338) Project Planner: Michelle King, 408-730-7463, mking@sunnyvale.ca.gov Community Development Director Trudi Ryan provided the staff report and presentation. City Council took a recess at 9:42 p.m. and returned at 9:51 p.m. with Mayor Klein, Councilmembers Melton, Cisneros, Mehlinger, Srinivasan present in the Bay Conference Room and Vice Mayor Din participated via teleconference from 1700 Harvard Street, Apt. 702, NW Washington, DC 20009. City of Sunnyvale Page 5 City Council Meeting Minutes July 11, 2023 Public Hearing opened at 9:51 p.m. Martin Pyne, Chair, Planning Commission, provided remarks in support of the Moffett Park Specific Plan (MPSP) and shared the Planning Commission's recommendations. Perry Hariri, Miramar Capital, shared their plans to develop their property in the MPSP area and Sunnyvale’s acknowledgement of their concerns regarding the diagonal crossing through their property. Jeff Holzman, Director, Real Estate District Development, Google, communicated their support for the MPSP and shared some challenges that may arise moving forward. Eric Poicon spoke in support of the MPSP and offered thoughts to improve the architectural guidelines. Rani Fischer, Santa Clara Valley Audubon Society, voiced further considerations to be added to the MPSP. Kristen Brown, Vice President of Government Relations, Silicon Valley Leadership Group, communicated their support for approving the MPSP and proposed creating additional housing options. Kerry Haywood, Executive Director, Moffett Park Business Group, spoke in support of the MPSP and offered additional amendments that would address the Group's concerns. Jennifer Chang Hetterly, Sierra Club Loma Prieta, provided amendments for Council to consider adding to the MPSP. Agnes Veith spoke in support for adopting the MPSP. Ali Sapirman, Housing Action Coalition, communicated support for the additional housing included in the MPSP and recommended a feasibility study to best optimize housing development. Leia Mehlman, Bicycle Pedestrian Advisory Commission (BPAC) Chair, shared BPAC’s recommendations regarding the MPSP and provided further supportive City of Sunnyvale Page 6 City Council Meeting Minutes July 11, 2023 comments of the MPSP in their personal capacity. Tom Green, Director of Real Estate, Lockheed Martin, spoke in support of the MPSP and proposed modifications to address their concerns. Kenneth Javier Rosales, Silicon Valley @ Home, voiced their support for adopting the MPSP and shared modifications to further increase affordable housing. Eileen McLaughlin, Citizens Committee to Complete the Refuge, provided remarks on the well-executed public comment process on the MPSP and offered modifications to be considered. Angela Rausch spoke in support of approving the MPSP. Public Hearing closed at 10:26 p.m. MOTION: Vice Mayor Din moved and Councilmember Mehlinger seconded the motion to approve Alternative 2: Alternative 1, with modifications: Alternative 1: 1. Approve related actions associated with adoption of the Moffett Park Specific Plan (MPSP): Adopt two Resolutions and introduce an Ordinance (Attachments 6, 7 and 8 to the report): A. Adopt a Resolution (Attachment 7) to: 1. Certify the Environmental Impact Report (EIR); 2. Make the findings required by the California Environmental Quality Act (CEQA); 3. Adopt the Statement of Overriding Considerations; 4. Adopt the Mitigation Monitoring and Reporting Program (in Attachment 5); 5. Adopt the Water Supply Assessment; 6. Adopt the amended Moffett Park Specific Plan (with Staff recommended modifications to the draft MPSP detailed in the updated Attachment 9); 7. Amend the General Plan text and update the General Plan Map; 8. Update the Green Building Program Table; B. Adopt a Resolution (Attachment 6) to: 1. Amend the Fiscal Year 2022/23 Master Fee Schedule to adjust the MPSP Planning Application Fees, including the addition of the MPSP Maintenance Fee, the MPSP Infrastructure Fee and the MPSP Transportation Impact Fee (TIF); C. Introduce an Ordinance (Attachment 8) to: City of Sunnyvale Page 7 City Council Meeting Minutes July 11, 2023 1. Repeal and re-adopt Chapter 19.29 (Moffett Park Specific Plan) and make other amendments to Title 19 (Zoning) of the Sunnyvale Municipal Code (SMC) to implement the MPSP; 2. Add SMC Chapter: 3.56 (MPSP Transportation Impact Fee) to Title 3 (Revenue and Finance); 3. Amend the Zoning Plan District Map and re-zone parcels currently within the new MPSP district; Modifications to Alternative 1: 1. Require fritted glass all the way up façades facing the San Francisco Bay: a. If and only if fritted glass is no more than 20% more expensive than non-fritted glass; or b. $7 per square foot or less more expensive than non-fritted glass; 2. Require dual water piping for all development; 3. In-lieu of the recessing requirements, the treatments called out in Updated Attachment 9, Response 158, Section 4.c on façade modulation shall be acceptable, with the removal of the 18-inch depth change requirement from this Section; 4. Substitute average step back/floorplates for minimum step backs/floorplates, per staff response to Council Question 2-10; 5. Modify change Updated Attachment 9, Response 148, Section iii. High-rise buildings in MP-R and MP-MU districts, 0.3 (Reduction in mass) to: a. Building floor plates greater than 100 feet in height shall not exceed 25,000 square feet; b. Building floor plates greater than 140 feet in height shall not exceed 20,000 square feet; c. Building floor plates greater than 180 feet in height shall not exceed 15,000 square feet; 6. MPSP Section 10.4 (Implementation Actions), Table 29 move Groundwater Data Collection from Medium-Term Actions to Immediate Actions; 7. Economic feasibility to examine architectural, sustainability, and community benefits requirements, studying targeting the possible following topologies: a. Infill office building added to tech campus; b. 5-over-1 apartments; c. Add high-rise residential building; and 8. Incorporate suggested language to MPSP Section 10.5 (Funding and Financing Strategy) from response to Council Question 2-50 regarding Council approval for formation of enhanced infrastructure financing districts to add “and Sunnyvale City Council” after "...these tools require approval by affected stakeholders." City of Sunnyvale Page 8 City Council Meeting Minutes July 11, 2023 FRIENDLY AMENDMENT: Councilmember Mehlinger offered a friendly amendment to add the definition of Artist Studio, "Workspace for one or more artists or artisans, including the accessory sale of art produced on the premises and which does not include any dwelling space" to SMC Chapter 19.12 (Definitions). Vice Mayor Din accepted the friendly amendment. FRIENDLY AMENDMENT: Councilmember Mehlinger offered a friendly amendment to rename several neighborhoods as follows: a. Discovery Neighborhood to Onizuka Neighborhood; b. West Mathilda Neighborhood to Posolmi Neighborhood; c. Chesapeake Neighborhood to Sunrise Neighborhood; d. North Java Neighborhood to NoJa Neighborhood; and e. South Java Neighborhood to SoJa Neighborhood. Vice Mayor Din accepted the friendly amendment. FRIENDLY AMENDMENT: Councilmember Mehlinger offered a friendly amendment to limit the dual water piping requirement to commercial development and not residential. Vice Mayor Din accepted the friendly amendment. FRIENDLY AMENDMENT: Councilmember Mehlinger offered a friendly amendment to remove the cost exemption from the fritted glass requirement. Vice Mayor Din accepted the friendly amendment. Community Development Director Trudi Ryan proposed replacing “fritted glass” with “bird-safe glass.” Vice Mayor Din and Councilmember Mehlinger amended the motion to incorporate this proposal. City Manager Kent Steffens proposed replacing “Require dual water piping for commercial development” with “Require dual water piping where allowed by regulations.” Vice Mayor Din and Councilmember Mehlinger amended the motion to incorporate this proposal. FRIENDLY AMENDMENT: Councilmember Cisneros offered a friendly amendment to develop a fee for alternative compliance with the innovation/creation space requirement if a development is not able to meet the requirement on-site or work with a different development in the MPSP area to meet the requirement. Following discussion, Councilmember Cisneros withdrew the Friendly Amendment. City of Sunnyvale Page 9 City Council Meeting Minutes July 11, 2023 FRIENDLY AMENDMENT: Councilmember Cisneros offered a friendly amendment to direct staff to engage with MP Development Community in 2023 to discuss how to work together towards achieving the goals in the MPSP. Following discussion, Councilmember Cisneros withdrew the Friendly Amendment. FRIENDLY AMENDMENT: Councilmember Cisneros proposed a friendly amendment for the economic feasibility study to replace “5 over 1 apartments” with "all residential." Councilmember Mehlinger declined to accept the friendly amendment. FRIENDLY AMENDMENT: Councilmember Sell offered a friendly amendment for national security contractors to be except from the Innovation and Creation Space requirements. Vice Mayor Din declined the friendly amendment. FORMAL AMENDMENT: Councilmember Sell moved and Councilmember Melton seconded the motion to exempt Lockheed Martin from the Innovation and Creation Space requirements. The formal amendment carried with the following vote: Yes: 4 - Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Sell No: 3 - Mayor Klein Vice Mayor Din Councilmember Srinivasan FORMAL AMENDMENT: Councilmember Melton proposed a formal motion to remove the economic feasibility study section from the amended motion. The motion failed due to lack of a second. FRIENDLY AMENDMENT: Councilmember Mehlinger offered a friendly amendment to set minimum density for any residential development in Mixed-Use (MP-MU) districts to 36 units/acre. Vice Mayor Din accepted the friendly amendment. Councilmember Melton clarified that "Economic feasibility to examine..." was City of Sunnyvale Page 10 City Council Meeting Minutes July 11, 2023 intended to read as “Perform an Economic feasibility study to examine...” in the economic feasibility section of the amended motion. The motion as amended was updated to reflect this clarification. MOTION AS AMENDED RESTATED: Vice Mayor Din moved and Councilmember Mehlinger seconded the motion to approve Alternative 2: Alternative 1, with modifications: Alternative 1: 1. Approve related actions associated with adoption of the Moffett Park Specific Plan (MPSP): Adopt two Resolutions and introduce an Ordinance (Attachments 6, 7 and 8 to the report): A. Adopt a Resolution (Attachment 7) to: 1. Certify the Environmental Impact Report (EIR); 2. Make the findings required by the California Environmental Quality Act (CEQA); 3. Adopt the Statement of Overriding Considerations; 4. Adopt the Mitigation Monitoring and Reporting Program (in Attachment 5); 5. Adopt the Water Supply Assessment; 6. Adopt the amended Moffett Park Specific Plan (with Staff recommended modifications to the draft MPSP detailed in the updated Attachment 9); 7. Amend the General Plan text and update the General Plan Map; 8. Update the Green Building Program Table; B. Adopt a Resolution (Attachment 6) to: 1. Amend the Fiscal Year 2022/23 Master Fee Schedule to adjust the MPSP Planning Application Fees, including the addition of the MPSP Maintenance Fee, the MPSP Infrastructure Fee and the MPSP Transportation Impact Fee (TIF); C. Introduce an Ordinance (Attachment 8) to: 1. Repeal and re-adopt Chapter 19.29 (Moffett Park Specific Plan) and make other amendments to Title 19 (Zoning) of the Sunnyvale Municipal Code (SMC) to implement the MPSP; 2. Add SMC Chapter: 3.56 (MPSP Transportation Impact Fee) to Title 3 (Revenue and Finance); 3. Amend the Zoning Plan District Map and re-zone parcels currently within the new MPSP district; Modifications to Alternative 1: 1. Require bird safe glass all the way up façades facing the San Francisco Bay: 2. Require dual water piping where allowed by regulations; 3. In-lieu of the recessing requirements, the treatments called out in Updated City of Sunnyvale Page 11 City Council Meeting Minutes July 11, 2023 Attachment 9, Response 158, Section 4.c on façade modulation shall be acceptable, with the removal of the 18-inch depth change requirement from this Section; 4. Substitute average step back/floorplates for minimum step backs/floorplates, per staff response to Council Question 2-10; 5. Modify change Updated Attachment 9, Response 148, Section iii. High-rise buildings in MP-R and MP-MU districts, 0.3 (Reduction in mass) to: a. Building floor plates greater than 100 feet in height shall not exceed 25,000 square feet; b. Building floor plates greater than 140 feet in height shall not exceed 20,000 square feet; c. Building floor plates greater than 180 feet in height shall not exceed 15,000 square feet; 6. MPSP Section 10.4 (Implementation Actions), Table 29 move Groundwater Data Collection from Medium-Term Actions to Immediate Actions; 7. Perform an Economic feasibility study to examine architectural, sustainability, and community benefits requirements, studying targeting the possible following topologies: a. Infill office building added to tech campus; b. 5-over-1 apartments; c. Add high-rise residential building; and 8. Incorporate suggested language to MPSP Section 10.5 (Funding and Financing Strategy) from response to Council Question 2-50 regarding Council approval for formation of enhanced infrastructure financing districts to add “and Sunnyvale City Council” after "...these tools require approval by affected stakeholders;" 9. Add the definition of Artist Studio, "Workspace for one or more artists or artisans, including the accessory sale of art produced on the premises and which does not include any dwelling space" to SMC Chapter 19.12 (Definitions); 10. Rename several neighborhoods as follows: a. Discovery Neighborhood to Onizuka Neighborhood; b. West Mathilda Neighborhood to Posolmi Neighborhood; c. Chesapeake Neighborhood to Sunrise Neighborhood; d. North Java Neighborhood to NoJa Neighborhood; e. South Java Neighborhood to SoJa Neighborhood; 11. Exempt Lockheed Martin from the Innovation and Creation Space requirements; and 12. Set minimum density for any residential development in Mixed-Use (MP-MU) districts to 36 units/acre. The motion as amended carried with the following vote: City of Sunnyvale Page 12 City Council Meeting Minutes July 11, 2023 Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 City Council took a recess at 11:51 p.m. and returned at 12:00 a.m. with Mayor Klein, Councilmembers Melton, Cisneros, Mehlinger, Srinivasan present in the Bay Conference Room and Vice Mayor Din participated via teleconference from 1700 Harvard Street, Apt. 702, NW Washington, DC 20009. MOTION: Vice Mayor Din moved and Councilmember Mehlinger seconded the motion to hear agenda item 3 as required by Council Policy 7.3.19 (Council Meetings). The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 3 23-0507 Provide Direction Regarding Amending the Employment Agreement Between the City of Sunnyvale and City Attorney John A. Nagel to Increase the City Attorney Salary and Allow Additional Paid Time Off Cashout City Attorney John Nagel stated this agenda item relates to his employment agreement, he recused himself due to this conflict of interest, and left the Bay Conference room at 12:01 a.m. Director of Human Resources Tina Murphy provided the staff report. City of Sunnyvale Page 13 City Council Meeting Minutes July 11, 2023 Public Hearing opened at 12:03 a.m. No speakers. Public Hearing closed at 12:03 a.m. MOTION: Vice Mayor Din moved and Councilmember Mehlinger seconded the motion to approve Alternative 1: Authorize the Mayor to execute an amendment to the Employment Agreement between the City of Sunnyvale and City Attorney John A. Nagel in substantially the form attached to: (1) Increase the City Attorney Salary to the top of the current City Attorney Salary Range; and (2) Allow a one-time additional cash out of 200 hours from the existing Paid Time Off (PTO) balance, effective July 23, 2023. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 City Attorney John Nagel returned to the Bay Conference Room at 12:07 a.m. MOTION: Vice Mayor Din moved and Councilmember Mehlinger seconded the motion to hear agenda item 4 as required by Council Policy 7.3.19 (Council Meetings). The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell City of Sunnyvale Page 14 City Council Meeting Minutes July 11, 2023 No: 0 4 23-0721 Approve a Memorandum of Understanding Between the City of Sunnyvale and the Sunnyvale Managers’ Association; and Adopt a Resolution Amending the City's Salary Resolution and the Schedule of Pay to Increase Salaries for Pay Plan Category E (Employees Represented by the Sunnyvale Managers’ Association) Director of Human Resources Tina Murphy provided the staff report. Public Hearing opened at 12:10 a.m. No speakers. Public Hearing closed at 12:10 a.m. MOTION: Councilmember Mehlinger moved and Councilmember Cisneros seconded the motion to approve Alternative 1: Authorize the City Manager to execute the Memorandum of Understanding between the City of Sunnyvale and the Sunnyvale Managers’ Association; and adopt a Resolution amending the City's Salary Resolution and the Schedule of Pay to increase salaries for Pay Plan Category E (employees represented by the Sunnyvale Managers’ Association). The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 MOTION: Vice Mayor Din moved and Councilmember Mehlinger seconded the motion to hear agenda item 5 as required by Council Policy 7.3.19 (Council Meetings). The motion carried with the following vote: City of Sunnyvale Page 15 City Council Meeting Minutes July 11, 2023 Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 5 23-0677 Adopt a Resolution Amending the City's Salary Resolution and the Schedule of Pay to Increase the Salary Ranges for Pay Plan Category F (Unclassified Department Directors) City Manager Kent Steffens provided the staff report. Public Hearing opened at 12:15 a.m. No speakers. Public Hearing closed at 12:15 a.m. MOTION: Vice Mayor Din moved and Councilmember Mehlinger seconded the motion to approve Alternative 1: Adopt a Resolution amending the City's Salary Resolution and Schedule of Pay to increase the Salary Ranges for unclassified department director positions (Pay Plan Category F) effective July 23, 2023. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 MOTION: Vice Mayor Din moved to hear the remainder of the agenda as required by Council Policy 7.3.19 (Council Meetings). The motion failed due to lack of a second. City of Sunnyvale Page 16 City Council Meeting Minutes July 11, 2023 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Agenda item not heard by Council. NON-AGENDA ITEMS & COMMENTS -Council Agenda item not heard by Council. -City Manager Agenda item not heard by Council. INFORMATION ONLY REPORTS/ITEMS 23-0532 Tentative Council Meeting Agenda Calendar 23-0556 Board/Commission Meeting Minutes 23-0678 Information/Action Items ADJOURNMENT Mayor Klein adjourned the meeting at 12:19 a.m. City of Sunnyvale Page 17

Agenda

City of Sunnyvale Notice and Agenda - Revised City Council Tuesday, July 11, 2023 7:00 PM Online and Bay Conference Room (Room 145), City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Regular Meeting - 7 PM Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/96111580540 Public Participation • In-person participation: You may provide public comment by filling out a speaker card (optional) and giving it to the City Clerk. • Online participation: You may provide audio public comment by connecting to the 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, 456 W. Olive Ave., 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 City of Sunnyvale Page 1 Printed on 7/7/2023 City Council Notice and Agenda - Revised July 11, 2023 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)). 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. TELECONFERENCE NOTICE Pursuant to Government Code Section 54953(b), this regular City Council meeting will include teleconference participation by Vice Mayor Omar Din from: 1700 Harvard Street, Apt. 702, NW Washington, DC 20009.This Notice and Agenda will be posted at the teleconference location. Public comment from this address shall be allowed pursuant to Government Code Section 54954.3. CALL TO ORDER Call to Order in the Bay Conference Room (Room 145) SALUTE TO THE FLAG ROLL CALL SPECIAL ORDER OF THE DAY A 23-0475 Disability Pride 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. City of Sunnyvale Page 2 Printed on 7/7/2023 City Council Notice and Agenda - Revised July 11, 2023 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 23-0628 Approve City Council Meeting Minutes of June 20, 2023 Recommendation: Approve the City Council Meeting Minutes of June 20, 2023 as submitted. 1.B 23-0081 Approve City Council Meeting Minutes of June 27, 2023 Recommendation: Approve the City Council Meeting Minutes of June 27, 2023 as submitted. 1.C 23-0273 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 23-0636 Authorize the Issuance of Purchase Agreement to Hasa, Inc. for Purchase of Sodium Hypochlorite at the Water Pollution Control Plant (F23-159) Recommendation: Take the following actions: - Authorize the issuance of a purchase agreement to Hasa, Inc., in the not-to-exceed amount of $300,000 for the purchase of sodium hypochlorite; - Authorize the City Manager to amend the not-to-exceed amount of the annual purchase order within operating budgeted appropriation limits if additional quantities are needed for wastewater treatment processes; and 1.E 23-0303 Approve the Proposed Sunnyvale Middle School Master Plan to Accommodate New Facilities, Authorize the City Manager to Execute the First Amendment to the Agreement Between the City and the Sunnyvale School District Regarding the Master Plan and Find the Action is Exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15302 and 15061 City of Sunnyvale Page 3 Printed on 7/7/2023 City Council Notice and Agenda - Revised July 11, 2023 Recommendation: Approve the Proposed Master Plan for Sunnyvale Middle School open space to include the new permanent classrooms (Attachment 4 to the report) and to authorize the City Manager to execute the First Amendment to the Agreement between the City and the Sunnyvale School District Pertaining to the Use, Maintenance and Improvement for Public Recreational Purposes of Various Buildings and Open Space at School Sites owned by the Sunnyvale School District (Attachment 3 to the Report) and Find the Action is Exempt From the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines sections 15302 and 15061. 1.F 23-0727 Adopt Ordinance No. 3216-23 to Amend Section 19.37.020 (Applicability) of Chapter 19.37 (Landscaping, Irrigation and Useable Open Space) of Title 19 (Zoning) of the Sunnyvale Municipal Code Recommendation: Adopt Ordinance No. 3216-23 to Amend Section 19.37.020 (Applicability) of Chapter 19.37 (Landscaping, Irrigation and Useable Open Space) of Title 19 (Zoning) of the Sunnyvale Municipal Code 1.G 23-0728 Adopt Ordinance No. 3217-23 to Amend Section 2.09.040 (Project Responsibilities) of Chapter 2.09 (Public Works Contracting) of Title 2 (Administration and Personnel) of the Sunnyvale Municipal Code Relating to Public Works Contracting Recommendation: Adopt Ordinance No. 3217-23 to Amend Section 2.09.040 (Project Responsibilities) of Chapter 2.09 (Public Works Contracting) of Title 2 (Administration and Personnel) of the Sunnyvale Municipal Code Relating to Public Works Contracting 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 23-0676 CONTINUED FROM MAY 16, 2023 Proposed Project: City of Sunnyvale Page 4 Printed on 7/7/2023 City Council Notice and Agenda - Revised July 11, 2023 Actions for consideration related to the Moffett Park Specific Plan (MPSP) to: A. Adopt a Resolution (Attachments 5 and 7) to 1. Certify the Environmental Impact Report (EIR); 2. Make the findings required by California Environmental Quality Act (CEQA); 3. Adopt the Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program; 4. Adopt the Water Supply Assessment; 5. Adopt the Amended Moffett Park Specific Plan (with Staff recommended modifications to the draft MPSP detailed in Attachment 9); 6. Amend the General Plan text and update the General Plan Map; and 7. Update the Green Building Program Table. B. Adopt a Resolution (Attachment 6) to: 1. Amend the Fiscal Year 2022/23 Master Fee Schedule to adjust the MPSP Planning Application Fees, including the addition of the MPSP Maintenance Fee, the MPSP Infrastructure Fee and the MPSP Transportation Impact Fee (TIF). C. Introduce a Draft Ordinance (Attachment 8) to: 1. Repeal and Re-Adopt Sunnyvale Municipal Code (SMC) Chapter 19.29 (Moffett Park Specific Plan) and make other amendments to Title 19 (Zoning) to implement the MPSP; 2. Add SMC Chapter: 3.56 (MPSP Transportation Impact Fee) to Title 3 (Revenue and Finance); and 3. Amend the Zoning Plan District Map and re-zone parcels currently within the new MPSP district. Location: Existing Plan: Moffett Park Specific Plan File number: 2018-7715 (Moffett Park Specific Plan) General Plan Designation: Existing: Moffett Park Specific Plan Proposed: Moffett Park Specific Plan Zoning: Existing Zoning: MP-I: Industrial MP- TOD: Transit Oriented Development MP-C: Commercial City of Sunnyvale Page 5 Printed on 7/7/2023 City Council Notice and Agenda - Revised July 11, 2023 Proposed MPSP Zoning Districts: MP-AC: Activity Center MP-R: Residential MP-MU: Mixed Use MP-O1: Office 1 MP-O2: Office 2 MP-E1: Mixed Employment 1 MP-E2: Mixed Employment 2 MP-E3: Mixed Employment 3 MP-H: Hospitality MP-PF: Public Facilities Proposed Combining District ECD: Ecological Combining District Applicant: City of Sunnyvale Environmental Review: Environmental Impact Report (SCH # 20210880338) Project Planner: Michelle King, 408-730-7463, mking@sunnyvale.ca.gov City of Sunnyvale Page 6 Printed on 7/7/2023 City Council Notice and Agenda - Revised July 11, 2023 Recommendation: Alternative 1: Approve related actions associated with adoption of the MPSP: Adopt two resolutions and introduce an Ordinance (Attachments 6, 7, and 8 to this report) A. Adopt a Resolution (Attachment 7) to 1. Certify the EIR; 2. Make the findings required by CEQA; 3. Adopt the Statement of Overriding Considerations; 4. Mitigation Monitoring and Reporting Program (in Attachment 5); 5. Adopt the Water Supply Assessment; 6. Adopt the amended Moffett Park Specific Plan (with Staff recommended modifications to the draft MPSP detailed in Attachment 9); 7. Amend the General Plan text and update the General Plan Map; and 8. Update the Green Building Program Table. B. Adopt a Resolution (Attachment 6) to: 1. Amend the Fiscal Year 2022/23 Master Fee Schedule to adjust the MPSP Planning Application Fees, including the addition of the MPSP Maintenance Fee, the MPSP Infrastructure Fee and the MPSP Transportation Impact Fee (TIF). C. Introduce an Ordinance (Attachments 8) to: 1. Repeal and Re-Adopt Chapter 19.29 (Moffett Park Specific Plan) and make other amendments to Title 19 (Zoning) to implement the MPSP; 2. Add SMC Chapter: 3.56 (MPSP Transportation Impact Fee) to Title 3 (Revenue and Finance); and 3. Amend the Zoning Plan District Map and re-zone parcels currently within the new MPSP district. 3 23-0507 Provide Direction Regarding Amending the Employment Agreement Between the City of Sunnyvale and City Attorney John A. Nagel to Increase the City Attorney Salary and Allow Additional Paid Time Off Cashout Recommendation: Staff makes no recommendation. This report is developed to facilitate discussion for the public hearing and action by the City Council. 4 23-0721 Approve a Memorandum of Understanding Between the City of City of Sunnyvale Page 7 Printed on 7/7/2023 City Council Notice and Agenda - Revised July 11, 2023 Sunnyvale and the Sunnyvale Managers’ Association; and Adopt a Resolution Amending the City's Salary Resolution and the Schedule of Pay to Increase Salaries for Pay Plan Category E (Employees Represented by the Sunnyvale Managers’ Association) Recommendation: Alternative 1: Authorize the City Manager to Execute the Memorandum of Understanding between the City of Sunnyvale and the Sunnyvale Managers' Association; and Adopt Resolution Amending the City's Salary Resolution and the Schedule of Pay to Increase Salaries for Pay Plan Category E (Employees Represented by the Sunnyvale Managers' Association). 5 23-0677 Adopt a Resolution Amending the City's Salary Resolution and the Schedule of Pay to Increase the Salary Ranges for Pay Plan Category F (Unclassified Department Directors) Recommendation: Alternative 1: Adopt a Resolution Amending the City's Salary Resolution and Schedule of Pay to Increase the Salary Ranges for Unclassified Department Director Positions (Pay Plan Category F) effective July 23, 2023. 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. 23-0532 Tentative Council Meeting Agenda Calendar 23-0556 Board/Commission Meeting Minutes 23-0678 Information/Action Items City of Sunnyvale Page 8 Printed on 7/7/2023 City Council Notice and Agenda - Revised July 11, 2023 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 at the NOVA Workforce Services reception desk located on the first floor of City Hall at 456 W. Olive Avenue, during normal business hours, 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 on the fourth floor of City Hall at 456 W. Olive Avenue, during normal business hours and in the Bay Conference Room (Room 145) 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 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. City of Sunnyvale Page 9 Printed on 7/7/2023 City Council Notice and Agenda - Revised July 11, 2023 City of Sunnyvale Page 10 Printed on 7/7/2023

Get email alerts for Sunnyvale

A daily email when new agendas and minutes are posted.

Report an issue with this meeting