City of Sunnyvale

Notice and Agenda

City Council

Tuesday, November 28, 2023

5:30 PM

Online and Council Chambers, City Hall,

456 W. Olive Ave., Sunnyvale, CA 94086

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

reasonable arrangements to ensure accessibility to this meeting. The Office of the

City Clerk may be reached at 408-730-7483 or cityclerk@sunnyvale.ca.gov (28

CFR 35.160 (b) (1)).

5:30 P.M. SPECIAL COUNCIL MEETING (Closed Session)

Call to Order

Call to Order in the Council Chambers (Open to the Public).

Roll Call

Public Comment

The public may provide comments regarding the Closed Session item(s). If you

wish to address the Council, please refer to the notice at the beginning of this

agenda. Closed Sessions are not open to the public.

Convene to Closed Session

Convene to Closed Session in the Council Conference Room (Closed to the

Public).

23-0788

23-0789

Closed Session Held Pursuant to California Government Code

Section 54957:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION

Title: City Manager

Closed Session Held Pursuant to California Government Code

Section 54957:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION

Title: City Attorney

Adjourn Special Meeting

7 P.M. COUNCIL MEETING

Pursuant to Council Policy, City Council will not begin consideration of any

agenda item after 11:30 p.m. without a vote. Any item on the agenda which must

be continued due to the late hour shall be continued to a date certain. Information

provided herein is subject to change from date of printing of the agenda to the date

of the meeting.

CALL TO ORDER

Call to Order in the Council Chambers

SALUTE TO THE FLAG

ROLL CALL

CLOSED SESSION REPORT

SPECIAL ORDER OF THE DAY

23-0076

23-1080

Ceremonial Oath of Office for Commission Members

Recognition of Chief Phan S. Ngo for 2023 Department of

Public Safety Citizen’s Academy

PRESENTATION

23-1019

2023 Municipal Information Systems Association of California

(MISAC) Awards, Presented by MISAC Board Member Gaurav

Garg

ORAL COMMUNICATIONS

This category provides an opportunity for members of the public to address the

City Council on items not listed on the agenda and is limited to 15 minutes (may

be extended or continued after the public hearings/general business section of the

agenda at the discretion of the Mayor) with a maximum of up to three minutes per

speaker. Please note the Brown Act (Open Meeting Law) does not allow the

Council to take action on an item not listed on the agenda. If you wish to address

the Council, please refer to the notice at the beginning of this agenda. Individuals

are limited to one appearance during this section.

CONSENT CALENDAR

All matters listed on the consent calendar are considered to be routine and will be

acted upon by one motion. There will be no separate discussion of these items. If

a member of the public would like a consent calendar item pulled and discussed

separately, please refer to the notice at the beginning of this agenda.

1.A

23-0282

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.B

23-1016

Adopt a Resolution Authorizing the Finance Director to Renew

a Business License Tax Data Exchange Agreement with the

California Franchise Tax Board

Recommendation:

Find that the action is exempt from the California

Environmental Quality Act (CEQA) pursuant to CEQA

Guideline Section 15378(b)(5) and adopt a Resolution

authorizing the Finance Director to execute a reciprocal

agreement with the California Franchise Tax Board for the

exchange of business license tax data through December 31,

2026.

1.C

23-0899

Receive a Report of an Emergency Procurement to Provide a

Bulk Chemical, a Mineral Oxidant, to Meet Compliance

Requirements at the Water Pollution Control Plant (WPCP)

and Find that the Project is of Urgent Necessity for the

Preservation of Life, Health, or Property (F24-026), and Find

that the Action is Exempt from the California Environmental

Quality Act (CEQA) Pursuant to Sections 15301 and 15308 of

the CEQA Guidelines.

Recommendation:

Find that the Action is Exempt from the California

Environmental Quality Act Pursuant to Sections 15301 and

15308 of the CEQA Guidelines, receive the report of an

emergency procurement to provide a Mineral Oxidant, to meet

compliance requirements at the Water Pollution Control Plant

(WPCP) and find that the project is of urgent necessity for the

preservation of life, health, or property.

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.

23-1082

1154 Sonora Court (1154 Site)

Proposed Project: Related applications on a 1.88-acre site:

SPECIAL DEVELOPMENT PERMIT: to demolish the existing

33,055 square foot one-story industrial building and construct

a seven-story mixed-use building with 173 apartments,

142,270 square feet of office/R&D space, and two levels of

below-grade parking.

VESTING TENTATIVE PARCEL MAP: to allow creation of five

commercial condominiums in the office/R&D space.

Location: 1154 Sonora Court (APN: 205-50-016)

File #: 2022-7270

1170 Sonora Court (1170 Site)

Proposed Project: Related applications on a 1.09-acre site:

SPECIAL DEVELOPMENT PERMIT: to demolish the existing

14,902 square foot one-story industrial building and construct

a seven-story mixed-use building with 107 apartments, 79,211

square feet of office/R&D space, 377 square feet of retail

space, and two levels of below-grade parking.

VESTING TENTATIVE PARCEL MAP: to allow creation of six

commercial condominiums in the office/R&D space.

Location: 1170 Sonora Court (APN: 205-50-014)

File #: 2022-7271

1154 and 1170 Sonora Court

DEVELOPMENT AGREEMENT: Introduction of an Ordinance

approving and adopting a Development Agreement between

the City of Sunnyvale and SKS Partners.

Zoning: MXD-I/S (Flexible Mixed-Use I/Sonora Court)

Applicant / Owner: SKS Partners (applicant/developer) / A&F

Properties, LLC (owner)

Environmental Review: No additional review required pursuant

to California Environmental Quality Act (CEQA) Guidelines

15162 and 15168(c)(2) and (4) - environmental impacts of the

project are addressed in the 2016 Lawrence Station Area Plan

Environmental Impact Report (EIR - State Clearinghouse No.

2013082030) and 2021 Lawrence Station Area Plan

Update/Intuitive Surgical Corporate Campus Project

Subsequent Environmental Impact Report (SEIR - State

Clearinghouse No. 2019012022).

Project Planner: Aastha Vashist, (408) 730-7458,

avashist@sunnyvale.ca.gov

Recommendation:

1. Make the required findings to approve the CEQA

determination as pursuant to CEQA Guidelines Section 15162

and 15168(c)(2) and (4) and approve the Special Development

Permits and Vesting Tentative Parcel Maps based on findings

in Attachments 6 and 7 to the report and Recommended

Conditions of Approval in Attachments 8 and 9 to the report.

2. Introduction of an Ordinance Approving and Adopting a

Development Agreement between the City of Sunnyvale and

SKS Partners (Attachment 3 to the report) and authorize the

City Manager to make updates to Exhibit B of the Development

Agreement to clarify which fees are subject to escalation.

23-1087

Approve Amendments to Council Policy 7.3.10 (Vice Mayor

Selection) to Remove the Electronic Voting Requirement

Recommendation:

Staff makes no recommendation. This report is being

presented to City Council to facilitate discussion at the public

hearing and for Council to consider various options related to

Council Policy 7.3.10 (Vice Mayor Selection).

23-1088

Adopt a Resolution Approving the City Council Regular

Meeting Calendar for 2024 Through February 2025

Recommendation:

Alternative 1: Adopt a Resolution approving the City Council

Regular Meeting Calendar for 2024 through February 2025 as

submitted.

COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL

COMMITTEE ASSIGNMENTS

NON-AGENDA ITEMS & COMMENTS

-Council

23-1089

23-1070

Colleagues Memorandum: Real Property Transfer Tax (RPTT)

Colleagues Memorandum: Empanel a Charter Review

Commission (CRC)

-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.

23-1031

Board/Commission Meeting Minutes

Information/Action Items

23-1032

23-1066

National Citizens Survey Results (Information Only)

ADJOURNMENT

NOTICE TO THE PUBLIC

The agenda reports to council (RTCs) may be viewed on the City’s website at

sunnyvale.ca.gov after 7 p.m. on Thursdays or 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

Council Chambers on the evening of the Council Meeting, pursuant to Government

Code §54957.5. Please contact the Office of the City Clerk at 408-730-7483 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.