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

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

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.

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

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.

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.

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

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.

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.

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)

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).

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

23-0556

23-0678

Tentative Council Meeting Agenda Calendar

Board/Commission Meeting Minutes

Information/Action Items

ADJOURNMENT

NOTICE TO THE PUBLIC

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

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