City Council
City of Sunnyvale
Notice and Agenda
Online and Council Chambers, City Hall,
456 W. Olive Ave., Sunnyvale, CA 94086
5:30 PMTuesday, November 28, 2023
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 [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 reasonable arrangements to ensure accessibility to this meeting. The Office of the
November 28, 2023City Council Notice and Agenda
City Clerk may be reached at 408-730-7483 or [email protected] (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).
Closed Session Held Pursuant to California Government Code Section 54957:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
23-0788A
Closed Session Held Pursuant to California Government Code Section 54957:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Attorney
23-0789B
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
November 28, 2023City Council Notice and Agenda
SALUTE TO THE FLAG
ROLL CALL
CLOSED SESSION REPORT
SPECIAL ORDER OF THE DAY
Ceremonial Oath of Office for Commission Members23-0076C Recognition of Chief Phan S. Ngo for 2023 Department of Public Safety Citizen’s Academy
23-1080D
PRESENTATION
2023 Municipal Information Systems Association of California (MISAC) Awards, Presented by MISAC Board Member Gaurav
Garg
23-1019E
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
23-02821.A
Recommendation: Approve the list(s) of claims and bills.
Adopt a Resolution Authorizing the Finance Director to Renew a Business License Tax Data Exchange Agreement with the 23-10161.B
November 28, 2023City Council Notice and Agenda
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.
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.
23-08991.C
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. 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.
23-10822
November 28, 2023City Council Notice and Agenda
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,
[email protected]
November 28, 2023City Council Notice and Agenda
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.
Approve Amendments to Council Policy 7.3.10 (Vice Mayor Selection) to Remove the Electronic Voting Requirement
23-10873
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).
Adopt a Resolution Approving the City Council Regular
Meeting Calendar for 2024 Through February 2025
23-10884
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
Colleagues Memorandum: Real Property Transfer Tax (RPTT)23-1089F Colleagues Memorandum: Empanel a Charter Review
Commission (CRC)
23-1070G
-City Manager
INFORMATION ONLY REPORTS/ITEMS
Visit http://Sunnyvale.ca.gov/TCMAC to view the Tentative Council Meeting
November 28, 2023City Council Notice and Agenda
Agenda Calendar (TCMAC) online. The TCMAC is updated each Thursday afternoon.
Board/Commission Meeting Minutes23-1031
Information/Action Items23-1032
National Citizens Survey Results (Information Only)23-1066
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?
November 28, 2023City Council Notice and Agenda
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.