City Council
City of Sunnyvale
Notice and Agenda
Online and Bay Conference Room (Room
145), City Hall, 456 W. Olive Ave.,
Sunnyvale, CA 94086
6:15 PMTuesday, July 25, 2023
Special Meeting: Closed Session - 6:15 PM | 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 [email protected] 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
July 25, 2023City Council Notice and Agenda
reasonable arrangements to ensure accessibility to this meeting. The Office of the City Clerk may be reached at 408-730-7483 or [email protected] (28 CFR 35.160 (b) (1)).
6:15 P.M. SPECIAL COUNCIL MEETING (Closed Session)
Call to Order
Call to Order in the Bay Conference Room - Room 145 (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).
CONFERENCE WITH LEGAL COUNSEL- POTENTIAL
INITIATION OF LITIGATION
Closed Session Held Pursuant to California Government Code Section 54956.9(d)(4)
Number of Cases: One
23-0442A
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 Bay Conference Room (Room 145)
SALUTE TO THE FLAG
July 25, 2023City Council Notice and Agenda
ROLL CALL
CLOSED SESSION REPORT
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.
Approve the List(s) of Claims and Bills Approved for Payment by the City Manager
23-02741.A
Recommendation: Approve the list(s) of claims and bills.
Approve Outside Counsel Agreement with Atkinson, Andelson, Loya, Ruud & Romo for Litigation Services in the matter of Michael Laurent v. City of Sunnyvale
23-07051.B
Recommendation: Authorize the City Attorney to execute an Agreement, in substantially the same form as Attachment 1 to the report, with the law firm of Atkinson, Andelson, Loya, Ruud & Romo in the amount of $150,000.
Approve the Fiscal Year 2023/24 Sustainability Speakers Series
23-05761.C
July 25, 2023City Council Notice and Agenda
Recommendation: Approve the FY 2023/24 Sustainability Speaker Series topics as proposed by the Sustainability Commission, with the
provision that the implementation of up to four events will be contingent on speaker availability, staffing resources, and available budget. Staff collaborated with the Subcommittee during the development of the proposed Series and generally supports the topics selected.
Adopt Ordinance No. 3218-23 Repealing and Re-Adopting
Chapter 19.29 (Moffett Park Specific Plan District) of Title 19 (Zoning) of the Sunnyvale Municipal Code, Amending the
Zoning Districts Map and Rezoning Property Within the Moffett Park Specific Plan District, Adding Chapters 3.56 (Moffett Park Specific Plan Transportation Impact Fee) and Making Other Amendments to Title 19 (Zoning) of the Sunnyvale Municipal Code to Implement the Moffett Park Specific Plan
23-07581.D
Recommendation: Adopt Ordinance No. 3218-23 Repealing and Re-Adopting Chapter 19.29 (Moffett Park Specific Plan District) of Title 19 (Zoning) of the Sunnyvale Municipal Code, Amending the
Zoning Districts Map and Rezoning Property Within the Moffett Park Specific Plan District, Adding Chapters 3.56 (Moffett Park Specific Plan Transportation Impact Fee) and Making Other Amendments to Title 19 (Zoning) of the Sunnyvale Municipal Code to Implement the Moffett Park Specific Plan.
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.
Adopt a Resolution to Approve the Final Engineer’s Report, Confirm the Assessment, and Levy and Collect an Annual
Assessment for the Downtown Parking Maintenance District for Fiscal Year 2023/24
23-05132
Recommendation: Alternative 1: Adopt the Resolution to approve the final Engineer's Report, to confirm the assessment, and levy and collect an annual assessment for the Downtown Parking
Maintenance District for FY 2023/24.
July 25, 2023City Council Notice and Agenda
Actions for consideration related to the General Plan Air Quality, Noise, Safety, and Environmental Justice Update to:
a. Adopt a Resolution to Amend the following Sunnyvale
General Plan elements:
i. Chapter 1: Introduction (Environmental Justice);
ii. Chapter 6: Safety and Noise; and
iii. Chapter 7: Environmental Management (Air Quality). b. Introduce an Ordinance to repeal and replace Sunnyvale Municipal Code (SMC) Section 19.42.030 (Noise or Sound
Level) and make related changes to Chapter 19.12
(Definitions).
c. Accept the Addendum to the Previously Certified
Environmental Impact Report for the Land Use and
Transportation Element (State Clearinghouse No.
2012032003) of the Sunnyvale General Plan pursuant to
California Environmental Quality Act (CEQA) Guidelines
Section 15164.
Planning File Number: 2017-7965
Environmental Review: Addendum to the previously certified Environmental Impact Report for the Land Use and
Transportation Element of the Sunnyvale General Plan. The Sunnyvale Municipal Code updates are exempt from CEQA
pursuant to CEQA Guidelines 15061(b)(3) and 15378(b)(5).
Project Planner: Mary Jeyaprakash, 408-730-7449,
[email protected]
23-07463
July 25, 2023City Council Notice and Agenda
Recommendation: Alternative 1: Take the following actions:
a. Adopt a Resolution (Attachment 2) to Amend the following Sunnyvale General Plan elements:
i. Chapter 1: Introduction (Environmental Justice);
ii. Chapter 6: Safety and Noise; and
iii. Chapter 7: Environmental Management (Air Quality). b. Introduce an Ordinance (Attachment 3) to repeal and
replace Sunnyvale Municipal Code (SMC) Section 19.42.030 (Noise or Sound Level) and make related changes to Chapter
19.12 (Definitions).
c. Accept the Addendum (Attachment 4) to the Previously Certified Environmental Impact Report for the Land Use and Transportation Element of the Sunnyvale General Plan
pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164.
Consider Approval of Draft Fourth Substantial Amendment to the 2019 Housing and Urban Development (HUD) Action Plan to Allocate Remaining CDBG-CV Funds for Administrative
Activities and Contract Management
23-07154
Recommendation: Alternative 1: Approve the Fourth Substantial Amendment to the 2019/20 Action Plan as shown in Attachment 3 of the staff report.
Adopt a Resolution to Cause Charges for Non-Payment of
Delinquent Utility Charges to be placed on the FY 2023/24 County of Santa Clara Property Tax Roll
23-05795
Recommendation: Alternative 1: Adopt a Resolution to Cause Charges for Non-Payment of Delinquent Utility Charges to be placed on the FY 2023/24 County of Santa Clara Property Tax Roll.
Adopt a Resolution Amending the City's Salary Resolution and the Schedule of Pay to Increase Salaries for Pay Plan
Category D (Unrepresented Classified Management
Employees) and Pay Plan Category K (Unrepresented
Unclassified Management Employees Appointed Directly by the City Attorney) and updating provisions in the Salary Resolution
23-07366
July 25, 2023City Council Notice and Agenda
Recommendation: Alternative 1: Adopt a Resolution Amending the City's Salary Resolution and the Schedule of Pay to Increase Salaries for Pay Plan Category D (Unrepresented Classified Management Employees) and Pay Plan Category K (Unrepresented
Unclassified Management Employees Appointed Directly by the City Attorney) and cleaning up language and amending some provisions of the Salary Resolution.
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.
Tentative Council Meeting Agenda Calendar23-0690
Board/Commission Meeting Minutes23-0697
Information/Action Items23-0700
Moffett Park Specific Plan Text Clarifications (Information Only)
23-0767
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
July 25, 2023City Council Notice and Agenda
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.