City Council
Regular MeetingSunnyvale, CA · July 11, 2023
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
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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
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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
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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.
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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.
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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
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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:
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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."
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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.
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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
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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
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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:
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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.
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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
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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:
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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.
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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.
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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
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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:
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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
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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
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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
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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
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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.
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City Council Notice and Agenda - Revised July 11, 2023
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