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Council approves in-lieu housing payment, public-safety MOU and other actions; introduces nitrogen franchise ordinance
Summary
On Nov. 18, Sunnyvale council approved an alternative compliance in-lieu payment for a West El Camino Real project, ratified the Public Safety Managers MOU, approved the consent calendar, introduced a nitrogen distribution franchise ordinance, and appointed a student to the Human Relations Commission.
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The Sunnyvale City Council took a bundle of formal actions on Tuesday, advancing several administrative and policy matters during a long evening session.
Key votes at a glance:
- BMR alternative compliance (1124 W. El Camino Real): Council approved the developer's request to pay an in-lieu fee (7% of final sales price) instead of providing on-site ownership BMR units and directed staff to confirm whether the fee calculation should be based on 86 or 91 units. Staff estimated the ownership portion's in-lieu amount at roughly $16,000,000 and the rental impact fee about $950,000. Motion passed 5-0 (moved by Councilmember Mellinger, seconded by Councilmember Srinivasan).
- Public Safety Managers Association (PSMA) MOU: Council approved a successor memorandum of understanding addressing internal equity and recruitment/retention; fiscal impacts will be reflected in the FY26-27 budget. Motion passed 5-0.
- Consent calendar: The council approved consent items 1a through 1h on a roll-call vote (5-0) because one councilmember participated remotely.
- Nitrogen franchise: Council introduced an ordinance to extend a 1978 franchise agreement with Air Products for distribution of nitrogen gas via an underground pipe network, proposing a higher franchise rate that staff said would align with comparable cities and increase revenue to about $100,000 per year. Introduction passed 5-0.
- Human Relations Commission appointment: Following roll-call votes, council appointed high-school student Joshua Charnota to the Human Relations Commission (term through 06/30/2026).
- Continued item: Council continued item 7 to a date uncertain at the end of the meeting due to late hour.
Tally and procedural notes: For items requiring roll call (remote participation triggered roll-call rules), the clerk conducted individual voting and recorded outcomes. Where staff estimates were provided (housing in-lieu amounts, ATP costs), council directed staff to follow up and return with final calculations or legal clarifications.

