City Council
Regular MeetingSunnyvale, CA · March 18, 2014
Minutes
City of Sunnyvale
Meeting Minutes
City Council
Tuesday, March 18, 2014 5:15 PM West Conference Room and Council
Chambers, City Hall, 456 W. Olive Ave.,
Sunnyvale, CA 94086
Special Meetings-Closed Session-5:15 PM | Study Session-6 P.M. |
Regular Meeting-7 P.M.
CALL TO ORDER
Mayor Griffith called the meeting to order in Council Chambers.
SALUTE TO THE FLAG
Mayor Griffith led the salute to the flag.
ROLL CALL
Present: 7 - Mayor Jim Griffith
Vice Mayor Jim Davis
Councilmember David Whittum
Councilmember Pat Meyering
Councilmember Tara Martin-Milius
Councilmember Glenn Hendricks
Councilmember Gustav Larsson
(Councilmember Hendricks attended via teleconference.)
CLOSED SESSION REPORTS
Vice Mayor Davis reported Council met in Closed Session on March 13
pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE
APPOINTMENT, Title: City Manager; no action was taken. Vice Mayor Davis
reported Council met in Closed Session this evening pursuant to California
Government Code Section 54957: PUBLIC EMPLOYEE APPOINTMENT,
Title: City Manager; direction was given, no action was taken.
PUBLIC ANNOUNCEMENTS
Councilmember Martin-Milius announced upcoming vacancies on City Boards
and Commissions and an application deadline.
Garth Williams, board member, Friends of Stevens Creek Trail, announced an
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City Council Meeting Minutes March 18, 2014
upcoming forum hosted by the Friends of Stevens Creek Trail called Urban
Trail Connections: Pros, Cons and Information.
CONSENT CALENDAR
Councilmember Meyering requested to pull Items 1.A, 1.C., 1.E, 1.F and 1.H.
Vice Mayor Davis moved and Councilmember Whittum seconded the motion
to approve the Consent Calendar with the exception of Items 1.A, 1.C., 1.E,
1.F and 1.H. The motion carried by the following vote:
Yes: 7 - Mayor Griffith
Vice Mayor Davis
Councilmember Whittum
Councilmember Meyering
Councilmember Martin-Milius
Councilmember Hendricks
Councilmember Larsson
No: 0
1.A 14-0167 Approval of City Council Meeting Minutes of February 25,
2014
MOTION: Vice Mayor Davis moved and Councilmember Larsson seconded
the motion to approve the City Council Meeting Minutes of February 25, 2014
as submitted. The motion carried by the following vote:
Yes: 6 - Mayor Griffith
Vice Mayor Davis
Councilmember Whittum
Councilmember Martin-Milius
Councilmember Hendricks
Councilmember Larsson
No: 1 - Councilmember Meyering
1.B 14-0214 Approval of City Council Meeting Minutes of March 4, 2014
Approve the City Council Meeting Minutes of March 4, 2014 as submitted.
1.C 14-0253 Approve the List(s) of Claims and Bills Approved for Payment
by the City Manager
MOTION: Vice Mayor Davis moved and Councilmember Whittum seconded
the motion to approve the list(s) of claims and bills. The motion carried by the
following vote:
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City Council Meeting Minutes March 18, 2014
Yes: 6 - Mayor Griffith
Vice Mayor Davis
Councilmember Whittum
Councilmember Martin-Milius
Councilmember Hendricks
Councilmember Larsson
No: 1 - Councilmember Meyering
1.D 14-0151 Award of Contract for Truck-mounted Combination Sewer
Cleaner (F14-50) and Budget Modification No. 32
Award a contract to Municipal Maintenance Equipment, Inc. in the amount of
$337,024, in substantially the same form as the attached draft purchase order,
for one (1) truck-mounted combination sewer cleaner and approve Budget
Modification No. 32 to appropriate a transfer of $102,000 from the Wastewater
Management Fund’s Rate Stabilization Reserve to the Fleet Replacement
Fund for this initial purchase.
1.E 14-0204 Award of a Contract for Old Mountain View-Alviso Road
Bridge Replacement at Calabazas Creek Engineering, Design
and Environmental Services (F13-26)
MOTION: Councilmember Meyering moved and Councilmember Whittum
seconded the motion to award a contract, in substantially the same format as
the draft attached to the report and in the amount of $1,167,077, to Biggs
Cardosa Associates, Inc. (BCA), for the subject project, and authorize the City
Manager to execute the contract when all the necessary conditions have been
met; and 2. Approve a 10% design contingency in the amount of $116,708.
The motion carried by the following vote:
Yes: 7 - Mayor Griffith
Vice Mayor Davis
Councilmember Whittum
Councilmember Meyering
Councilmember Martin-Milius
Councilmember Hendricks
Councilmember Larsson
No: 0
1.F 14-0258 Award of Bid No. PW14-06 for Slurry Seal - 2014 and Finding
of CEQA Categorical Exemption
MOTION: Councilmember Meyering moved and Vice Mayor Davis seconded
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City Council Meeting Minutes March 18, 2014
the motion to award a construction contract, in substantially the same format
as the draft attached to the report and in the amount of $221,256, to Graham
Contractors, Inc., for the subject project, and authorize the City Manager to
execute the contract when all the necessary conditions have been met; 2.
Approve a 10% construction contingency in the amount of $22,126; and 3.
Make a finding that the project is categorically exempt from CEQA pursuant to
Class 1, Section 15301(c) for the rehabilitation of existing streets. The motion
carried by the following vote:
Yes: 7 - Mayor Griffith
Vice Mayor Davis
Councilmember Whittum
Councilmember Meyering
Councilmember Martin-Milius
Councilmember Hendricks
Councilmember Larsson
No: 0
1.G 14-0245 Approval of Budget Modification No. 31 for the installation of
an Acoustic Barrier Between the Las Palmas Dog Park and
Adjacent Residences
Approve Budget Modification No. 31 in the amount of $15,000 for installation
of acoustical fencing material at the Las Palmas Dog Park.
1.H 14-0252 Award of Contract for a Network Appliance Storage Area
Network (SAN) (F14-59)
MOTION: Councilmember Meyering moved and Vice Mayor Davis seconded
the motion to award a contract, in substantially the same form as the draft
Purchase Order attached to the report, in the amount of $432,955 to
Integrated Archive Systems for the replacement of a NetApp Storage Area
Network system. The motion carried by the following vote:
Yes: 7 - Mayor Griffith
Vice Mayor Davis
Councilmember Whittum
Councilmember Meyering
Councilmember Martin-Milius
Councilmember Hendricks
Councilmember Larsson
No: 0
PUBLIC COMMENTS
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City Council Meeting Minutes March 18, 2014
Pat Grant spoke regarding the narrow width of the new sidewalk at 636 W.
Fremont and provided a PowerPoint slide and written materials.
PUBLIC HEARINGS/GENERAL BUSINESS
2 14-0279 Introduction of an Ordinance Amending Title 9, Chapter 9.28
of the Sunnyvale Municipal Code to Prohibit the Use of
Electronic Smoking Devices Wherever Smoking is Prohibited
and a Finding that the Proposed Ordinance is Exempt from
the Requirements of the California Environmental Quality Act
(CEQA) Pursuant to CEQA Guideline 15061(b)(3);
Consideration of Options to Expand Smoking Prohibition near
Retail and Commercial Entrances/Exits (Study Issue)
City Attorney Joan Borger presented the staff report and suggested the
addition of a line to exempt medically prescribed devices.
Public Hearing opened at 7:35 p.m.
No speakers.
Public Hearing closed at 7:35 p.m.
MOTION: Councilmember Whittum moved and Councilmember Larsson
seconded the motion to approve Alternative 1: Find that the project is exempt
from CEQA pursuant to CEQA Guideline 15061(b)(3) and introduce an
ordinance to amend Chapter 9.28 of the Sunnyvale Municipal Code to ban
electronic smoking devices where conventional smoking is banned, as set
forth in Attachment 3, including modified language to exempt prescription
medical devices. The motion carried by the following vote:
Yes: 7 - Mayor Griffith
Vice Mayor Davis
Councilmember Whittum
Councilmember Meyering
Councilmember Martin-Milius
Councilmember Hendricks
Councilmember Larsson
No: 0
MOTION: Councilmember Whittum moved and Councilmember Martin-Milius
seconded the motion to provide direction to staff for further work on the study
issue, to further restrict smoking to include consideration of banning smoking a
greater distance from entrances, exits, operational windows, air intake vents to
any building where smoking is prohibited and to look at prohibiting smoking in
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City Council Meeting Minutes March 18, 2014
public dining areas; to bring back an ordinance to Council after at least two
community outreach meetings, one to include businesses and one accessible
to the public in evening hours or on weekends. The motion carried by the
following vote:
Yes: 6 - Mayor Griffith
Councilmember Whittum
Councilmember Meyering
Councilmember Martin-Milius
Councilmember Hendricks
Councilmember Larsson
No: 1 - Vice Mayor Davis
3 14-0211 Review and Approve City’s Code of Ethics and Conduct for
Elected and Appointed Officials
Interim City Manager Robert Walker provided the staff report.
Public Hearing opened at 7:43 p.m.
No speakers.
Public Hearing closed at 7:43 p.m
MOTION: Councilmember Meyering moved to amend the Code to establish a
process with the Santa Clara University Center for Applied Ethics to review
violations of Sunnyvale's code and to provide an impartial and independent
analysis of whether or not a violation occurred based on factual evidence.
Motion died due to lack of a second.
MOTION: Vice Mayor Davis moved and Councilmember Martin-Milius
seconded the motion to approve Alternative 1: Review and approve the 2014
Code of Ethics and Conduct for Elected and Appointed Officials with no
changes. The motion carried by the following vote:
Yes: 6 - Mayor Griffith
Vice Mayor Davis
Councilmember Whittum
Councilmember Martin-Milius
Councilmember Hendricks
Councilmember Larsson
No: 1 - Councilmember Meyering
PUBLIC COMMENTS
Donna Lang, owner of Tangerine Gifts and Accessories on Murphy Avenue,
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City Council Meeting Minutes March 18, 2014
reported problems with parking downtown. Lang expressed concerns about
the permit parking available to employees in the Plaza del Sol parking garage,
citing safety concerns with parking in the garage and requested the City work
with Macy's to request parking passes for downtown employees for the Macy's
lot.
COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
Councilmember Whittum reported his attendance at the March 6 VTA Board
meeting.
Councilmember Martin-Milius reported her attendance at a meeting of a task
force of the Environmental Policy Committee of the League of California Cities,
the last meeting of the watershed committee, and the recent NLC conference
in Washington, D.C.
Vice Mayor Davis reported his attendance at the second meeting of the North
County Cold Weather Task Force, a meeting of the Santa Clara County
Emergency Operations Council, a meeting of the Automated Transportation
Network, a County outreach meeting regarding Lawrence Expressway, an
Every 15 Minutes assembly at Homestead High School, the National League
of Cities Conference in Washington, D.C., a Crime Prevention Committee
meeting, a Safe Routes to School meeting in Milpitas, a VTA Policy Advisory
Committee meeting and a Casa De Amigas open house regarding the impact
of the new 49ers stadium.
Mayor Griffith reported his attendance at a meeting of the Cities Association
and the National League of Cities Conference in Washington, D.C.
NON-AGENDA ITEMS & COMMENTS
-Council
Councilmember Whittum requested staff come back to Council with
information regarding the proposal by the member of the public regarding
Macy's parking passes.
Councilmember Whittum submitted a query to staff to understand the
limitations on commercial use of drones and to what extent the City can
regulate them.
Councilmember Whittum requested a discussion on the question of what
constitutes blight.
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City Council Meeting Minutes March 18, 2014
Councilmember Whittum inquired about a study issue or study session
regarding sidewalk widths and whether there should be a more robust
ordinance.
Councilmember Whittum commented on TIF fees and suggested going back
and looking at the original financing mechanisms that were considered and
suggested that development should be carrying more of its own weight.
Councilmember Martin-Milius stated she would like a study session on the
sidewalk issue.
MOTION: Councilmember Whittum moved and Councilmember Martin-Milius
seconded the motion to have a study session on sidewalk widths.
Yes: 7 - Mayor Griffith
Vice Mayor Davis
Councilmember Whittum
Councilmember Meyering
Councilmember Martin-Milius
Councilmember Hendricks
Councilmember Larsson
No: 0
-City Manager
None.
INFORMATION ONLY REPORTS/ITEMS
14-0217 Tentative Council Meeting Agenda Calendar
14-0203 Information/Action Items
14-0306 Draft Minutes of the Arts Commission Meeting of February 19,
2014
14-0344 Approved Minutes of the Parks and Recreation Commission
Meeting of February 12, 2014
ADJOURNMENT
Mayor Griffith adjourned the meeting at 8:07 p.m.
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Agenda
City of Sunnyvale
Notice and Agenda - Revised
City Council
Tuesday, March 18, 2014 5:15 PM West Conference Room and Council
Chambers, City Hall, 456 W. Olive Ave.,
Sunnyvale, CA 94086
Special Meetings-Closed Session-5:15 PM | Study Session-6 P.M. |
Regular Meeting-7 P.M.
TELECONFERENCE NOTICE
Pursuant to Government Code Section 54953, Subdivision (b), the following
Council meeting will include teleconference participation by Councilmember Glenn
Hendricks from Hilton Austin, 500 East 4th Street, Austin, TX 78701. 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.
5:15 P.M. SPECIAL COUNCIL MEETING (Closed Session)
1 Call to Order in the West Conference Room
2 Roll Call
3 Public Comment
The public may provide comments regarding the Closed Session item(s) just prior
to the Council beginning the Closed Session. Closed Sessions are not open to the
public.
4 Convene to Closed Session
14-0350 Closed Session held pursuant to California Government Code
Section 54957: PUBLIC EMPLOYEE APPOINTMENT
Title: City Manager
5 Adjourn Special Meeting
6 P.M. SPECIAL COUNCIL MEETING (Study Session)
1 Call to Order in the Council Chambers (Open to the Public)
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City Council Notice and Agenda - Revised March 18, 2014
2 Roll Call
3 Study Session
14-0299 Lawrence Expressway Grade Separations Study
4 Public Comment
5 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 (Open to the Public)
SALUTE TO THE FLAG
ROLL CALL
CLOSED SESSION REPORTS
PUBLIC ANNOUNCEMENTS
Each speaker is limited to three minutes for announcements of community events,
programs, or recognition.
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 submit a speaker card to the City Clerk prior to the start of the
meeting or before approval of the consent calendar.
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City Council Notice and Agenda - Revised March 18, 2014
1.A 14-0167 Approval of City Council Meeting Minutes of February 25,
2014
Recommendation: Approve the City Council Meeting Minutes of February 25,
2014 as submitted.
1.B 14-0214 Approval of City Council Meeting Minutes of March 4, 2014
Recommendation: Approve the City Council Meeting Minutes of March 4, 2014
as submitted.
1.C 14-0253 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 14-0151 Award of Contract for Truck-mounted Combination Sewer
Cleaner (F14-50) and Budget Modification No. 32
Recommendation: Award a contract to Municipal Maintenance Equipment, Inc.
in the amount of $337,024, in substantially the same form as
the attached draft purchase order, for one (1) truck-mounted
combination sewer cleaner and approve Budget Modification
No. 32 to appropriate a transfer of $102,000 from the
Wastewater Management Fund's Rate Stabilization Reserve
to the Fleet Replacement Fund for this initial purchase.
1.E 14-0204 Award of a Contract for Old Mountain View-Alviso Road
Bridge Replacement at Calabazas Creek Engineering, Design
and Environmental Services (F13-26)
Recommendation: 1. Award a contract, in substantially the same format as the
attached draft and in the amount of $1,167,077, to Biggs
Cardosa Associates, Inc. (BCA), for the subject project, and
authorize the City Manager to execute the contract when all
the necessary conditions have been met; and 2. Approve a
10% design contingency in the amount of $116,708.
City of Sunnyvale Page 3 Printed on 3/13/2014
City Council Notice and Agenda - Revised March 18, 2014
1.F 14-0258 Award of Bid No. PW14-06 for Slurry Seal - 2014 and Finding
of CEQA Categorical Exemption
Recommendation: 1. Award a construction contract, in substantially the same
format as the attached draft and in the amount of $221,256, to
Graham Contractors, Inc., for the subject project, and
authorize the City Manager to execute the contract when all
the necessary conditions have been met; 2. Approve a 10%
construction contingency in the amount of $22,126; and 3.
Make a finding that the project is categorically exempt from
CEQA pursuant to Class 1, Section 15301(c) for the
rehabilitation of existing streets.
1.G 14-0245 Approval of Budget Modification No. 31 for the installation of
an Acoustic Barrier Between the Las Palmas Dog Park and
Adjacent Residences
Recommendation: Approve Budget Modification No. 31 in the amount of $15,000
for installation of acoustical fencing material at the Las
Palmas Dog Park.
1.H 14-0252 Award of Contract for a Network Appliance Storage Area
Network (SAN) (F14-59)
Recommendation: Award a contract, in substantially the same form as the
attached draft Purchase Order in the amount of $432,955 to
Integrated Archive Systems for the replacement of a NetApp
Storage Area Network system.
PUBLIC COMMENTS
This category 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 three minutes per speaker. If your subject is not on this
evening’s agenda you will be recognized at this time; however, the Brown Act
(Open Meeting Law) does not allow action by Councilmembers. If you wish to
address the Council, please complete a speaker card and give it to the City Clerk.
Individuals are limited to one appearance during this section.
PUBLIC HEARINGS/GENERAL BUSINESS
If you wish to speak to a public hearings/general business item, please fill out a
speaker card and give it to the City Clerk. You will be recognized at the time the
item is being considered by Council. 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.
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City Council Notice and Agenda - Revised March 18, 2014
2 14-0279 Introduction of an Ordinance Amending Title 9, Chapter 9.28
of the Sunnyvale Municipal Code to Prohibit the Use of
Electronic Smoking Devices Wherever Smoking is Prohibited
and a Finding that the Proposed Ordinance is Exempt from
the Requirements of the California Environmental Quality Act
(CEQA) Pursuant to CEQA Guideline 15061(b)(3);
Consideration of Options to Expand Smoking Prohibition near
Retail and Commercial Entrances/Exits (Study Issue)
Recommendation: Alternative 1: Find that the project is exempt from CEQA
pursuant to CEQA Guideline 15061(b)(3) and introduce an
ordinance to amend Chapter 9.28 of the Sunnyvale Municipal
to ban electronic smoking devices where conventional
smoking is banned, as set forth in Attachment 3.
Additionally, provide staff direction regarding extending the
current smoking regulations to prohibit smoking in front of
retail and commercial businesses.
3 14-0211 Review and Approve City’s Code of Ethics and Conduct for
Elected and Appointed Officials
Recommendation: Alternative 1: Review and approve the 2014 Code of Ethics
and Conduct for Elected and Appointed Officials with no
changes.
COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
NON-AGENDA ITEMS & COMMENTS
-Council
-City Manager
INFORMATION ONLY REPORTS/ITEMS
14-0217 Tentative Council Meeting Agenda Calendar
14-0203 Information/Action Items
14-0306 Draft Minutes of the Arts Commission Meeting of February 19,
2014
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City Council Notice and Agenda - Revised March 18, 2014
14-0344 Approved Minutes of the Parks and Recreation Commission
Meeting of February 12, 2014
ADJOURNMENT
NOTICE TO THE PUBLIC
The agenda reports to council (RTC’s) may be viewed on the City’s Web site at
sunnyvale.ca.gov after 7 p.m. on Thursdays or at the Sunnyvale Public Library,
665 W. Olive Ave. as of Fridays 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 at 603 All
America Way, Sunnyvale, California during normal business hours and in the
Council Chamber 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.
Pursuant to the Americans with Disabilities Act, if you need special assistance in
this meeting, please contact the Office of the City Clerk at (408) 730-7483.
Notification of 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting. (28 CFR 35.106 ADA Title II).
Planning a presentation for a City Council/Planning Commission meeting?
To assist you in utilizing the technology available in the Council Chambers, the
publication “How to Make Your Council Chamber Presentation More Effective” may
be helpful. The document is available on the City Web site at sunnyvale.ca.gov.
Planning to present 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 city clerk (located to the left of the
Council dais). The city clerk will distribute your items to the Council.
City of Sunnyvale Page 6 Printed on 3/13/2014
City Council Notice and Agenda - Revised March 18, 2014
Upcoming Meetings
Visit CouncilMeetings.inSunnyvale.com for upcoming Council meeting information.
Visit BoardsandCommissions.inSunnyvale.com for upcoming board and
commission meeting information.
For a complete schedule of KSUN-15 Council meeting broadcasts, visit
KSUN.insunnyvale.com.
City of Sunnyvale Page 7 Printed on 3/13/2014
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