City Council
Regular MeetingSunnyvale, CA · March 15, 2016
Minutes
City of Sunnyvale
Meeting Minutes
City Council
Tuesday, March 15, 2016 4:30 PM Council Chambers and West Conference
Room, City Hall, 456 W. Olive Ave.,
Sunnyvale, CA 94086
Special Meeting-Closed Session-4:30 PM | Joint Study Session with Bicycle and
Pedestrian Advisory Commission-5:30 PM | Regular Meeting-7 PM
7 P.M. COUNCIL MEETING
CALL TO ORDER
Mayor Hendricks called the meeting to order in Council Chambers.
SALUTE TO THE FLAG
Mayor Hendricks led the salute to the flag.
ROLL CALL
Present: 7 - Mayor Glenn Hendricks
Vice Mayor Gustav Larsson
Councilmember Jim Griffith
Councilmember Tara Martin-Milius
Councilmember David Whittum
Councilmember Pat Meyering
Councilmember Jim Davis
CLOSED SESSION REPORT
Vice Mayor Larsson reported the Council met in Closed Session pursuant to
California Government Code Section 54957.6: Conference with Labor Negotiators;
nothing to report.
SPECIAL ORDER OF THE DAY
City Clerk Kathleen Franco Simmons administered the oath of office to new board
and commission members.
PRESENTATION
16-0068 PRESENTATION - Presentation by the Sunnyvale Chamber
of Commerce Regarding its Recent Survey on Transportation
Priorities
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Mayor Hendricks reported the presentation was postponed.
ORAL COMMUNICATIONS
Councilmember Griffith announced announced upcoming board and commission
vacancies and an application deadline.
Councilmember Martin-Milius announced the first and third place winners of for the
Energize Sunnyvale challenge are from Sunnyvale.
Mark Diaz spoke in support of the proposed Lakewood Branch Library.
Larry Kein spoke regarding bicycle transportation in the City and the new update to
the bike plan.
Marny Warren spoke in support of Summit Denali school.
Fred Fowler spoke in support of the proposed Lakewood Branch Library.
Michael Goldman spoke regarding the Civic Center modernization and provided a
PowerPoint presentation.
CONSENT CALENDAR
Mayor Hendricks announced members of the public requested to speak on Item
1.K.
Councilmember Meyering requested to pull Items 1.A, 1.B, 1.C, 1.D, 1.E, 1.H, 1.J
and 1.L.
MOTION: Vice Mayor Larsson moved and Councilmember Whittum seconded the
motion to approve Consent Calendar Items 1.F, 1.G and 1.I.
The motion carried by the following vote:
Yes: 7 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Whittum
Councilmember Meyering
Councilmember Davis
No: 0
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City Council Meeting Minutes March 15, 2016
1.A 16-0040 Approve City Council Meeting Minutes of February 9, 2016
Based on Council action after Item 3, this item was continued to the March 29,
2016 Council meeting.
1.B 16-0231 Approve City Council Meeting Minutes of February 23, 2016
Based on Council action after Item 3, this item was continued to the March 29,
2016 Council meeting.
1.C 16-0186 Approve the List(s) of Claims and Bills Approved for Payment
by the City Manager
Based on Council action after Item 3, this item was continued to the March 29,
2016 Council meeting.
1.D 15-1067 Approve Agreement with Abode Services Related to Tenant
Based Rental Assistance (TBRA) Program
Based on Council action after Item 3, this item was continued to the March 29,
2016 Council meeting.
1.E 16-0250 Third Amendment to Outside Counsel Agreement with Rankin
Stock Heaberlin for Litigation Services
Based on Council action after Item 3, this item was continued to the March 29,
2016 Council meeting.
1.F 16-0038 Authorize the Issuance of a Purchase Order for the Purchase
of Self-checkout Machines, a Security Gate, and Related
Software and Hardware for the Sunnyvale Public Library
(F16-91)
Authorize the issuance of a purchase order substantially in the same form as
Attachment 1 to the report in the amount of $99,995, excluding sales tax, to
Bibliotheca ITG for six (6) SmartServe 1000 self-checkout machines, a SmartGate
400 Single Aisle Security Gate, and related software and hardware.
1.G 16-0128 Award of Contract for Instructional Classes and Camps
(F16-83)
1) Award a two-year contract to Kidz Love Soccer to provide instructional classes
and camps, in substantially the same form as Attachment 1 of the report; and 2)
Delegate authority to the City Manager to renew the contract for an additional
one-year period, provided pricing and service remain acceptable to the City
Manager.
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1.H 16-0177 Award of Contract for Americans with Disabilities Act (ADA)
Access Evaluation and Transition Plan for City Facilities and
Rights-of-way (F16-55)
Based on Council action after Item 3, this item was continued to the March 29,
2016 Council meeting.
1.I 16-0185 Authorization to Accept the Pavement Maintenance
Technology Assistance Program Grant from the Metropolitan
Transportation Commission to Update the City’s Pavement
Management System
Authorize the City Manager to Accept the Metropolitan Transportation Commission
Pavement Maintenance Technology Assistance Program Grant to Update the City’s
Pavement Management System.
1.J 16-0230 Award of Bid No. PW16-06 for Orchard Gardens Park
Restrooms Renovation and Finding of CEQA Categorical
Exemption
Based on Council action after Item 3, this item was continued to the March 29,
2016 Council meeting.
1.K 16-0165 Approve the Agreement Renewal with Sustainable Community
Gardens for Property Located at 433 Charles Street
Director of Public Works Manuel Pineda responded to Council questions. Assistant
City Manager Kent Steffens and City Attorney John Nagel provided additional
information.
Public Hearing opened at 7:24 p.m.
Katie Barnes spoke in support of a five-year lease for the Community Gardens.
Janet Hamma spoke in support of a five-year lease for the Community Gardens.
George Hamma spoke in support of a five-year lease for the Community Gardens.
Hazel Donaldsen spoke in support of a five-year lease for the Community Garden.
Eric Fulda, a manager of the garden, spoke in support of a five-year lease.
Public Hearing closed at 7:36 p.m.
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MOTION: Councilmember Davis moved and Councilmember Whittum seconded
the motion to approve Alternative 1 (modified): Approve renewal of the Agreement,
in substantially the same form as Attachment 1 to the report, with Sustainable
Community Gardens for the operation and maintenance of the Charles Street
Community Gardens for a three year term and authorize the City Manager to enter
into yearly renewals of the Agreement on behalf of the City.
FRIENDLY AMENDMENT: Councilmember Whittum offered a friendly amendment
to change the 3 year term to a 5 year term.
Councilmember Davis declined to accept the friendly amendment.
AMENDMENT: Councilmember Meyering moved to amend the motion and
Councilmember Whittum seconded to change the term to 5 years.
The motion to amend failed by the following vote:
Yes: 2 - Councilmember Whittum
Councilmember Meyering
No: 5 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
AMENDMENT: Councilmember Meyering moved to amend the motion and
Councilmember Whittum seconded to include a clause that the City Manager may
not deny renewal of the agreement without a public hearing and a majority vote of
the City Council.
The motion to amend failed by the following vote:
Yes: 2 - Councilmember Whittum
Councilmember Meyering
No: 5 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
The main motion carried by the following vote:
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Yes: 7 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Whittum
Councilmember Meyering
Councilmember Davis
No: 0
Following action in Item 1.K, Council considered Public Hearing Item 2.
1.L 16-0235 Adopt Ordinance No. 3074-16 Amending Certain Sections in
Chapters 18.04 (General Provisions) and 18.20 (Maps) of Title
18 (Subdivisions) of the Sunnyvale Municipal Code
Based on Council action after Item 3, this item was continued to the March 29,
2016 Council meeting.
PUBLIC HEARINGS/GENERAL BUSINESS
2 16-0260 RECOMMEND CONTINUANCE
File #: 2015-7530 and 2015-7936
Location: 521 E. Weddell Drive (APN: 110-14-196), 531 E.
Weddell Drive (APN: 110-14-186), 539 E. Weddell Drive
(APN: 110-14-158), 1010 Morse Ave. (APN: 110-14-202)
Proposed Project:
GENERAL PLAN AMENDMENT: Proposed land use
designation change from Industrial to School on three parcels
(521, 531, and 539 E. Weddell Drive) and from Industrial to
Residential/Medium to High Density to Park on one parcel
(1010 Morse Ave. - Seven Seas Park); and
REZONING from MS-POA (Industrial and Service - Places of
Assembly Combining District) on three parcels (521, 531 and
539 E. Weddell Drive) and MS-ITR-R3-PD (Industrial and
Service - Industrial to Residential/Medium Density
Residential/Planned Development) on one parcel (1010 Morse
Ave. - Seven Seas Park) to PF (Public Facilities) zoning.
Applicant / Owner: Sunnyvale International Church and
Summit School (applicants) / Sunnyvale International Church
(owner - 521 and 539 E. Weddell Drive), 1st Morning Light
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Chinese Christian Church (owner - 531 E. Weddell Drive), and
City of Sunnyvale (owner - 1010 Morse Ave.)
Environmental Review: Negative Declaration
Director of Community Development Trudi Ryan presented the staff report.
Public Hearing opened at 7:51 p.m.
Kevin Bock, Director of Summit Denali School, spoke in support of school use for
the location.
Public Hearing closed at 7:53 p.m.
MOTION: Councilmember Griffith moved and Vice Mayor Larsson seconded the
motion to continue the item per the staff report.
The motion carried by the following vote:
Yes: 7 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Whittum
Councilmember Meyering
Councilmember Davis
No: 0
3 16-0180 File #: 2014-7990
Location: 1500 Partridge Avenue (APN: 313-24-031)
Zoning: PF (Public Facility)
Proposed Project:
TWO APPEALS of decision by the Planning Commission:
Appeal No. 1) Certifying an Environmental Impact Report; and
Appeal No. 2) Denying a Use Permit to allow a private school
(Stratford School) at the former Raynor Activity Center.
Applicant / Owner: Stratford School (applicant) / City of
Sunnyvale (owner)
Environmental Review: Environmental Impact Report
Mayor Hendricks provided an overview of the process for hearing the item.
Director of Community Development Trudi Ryan and Assistant City Manager Kent
Steffens provided the staff report. Director of Community Development Ryan noted
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an error in the staff recommendation in the staff report and stated staff
recommends Alternative 3 in reference to Attachment 4. Director of Public Works
Manuel Pineda and City Attorney John Nagel provided additional information.
MOTION: Councilmember Meyering moved to terminate the hearing and to vacate
the findings of the Planning Commission concerning the EIR based on the grounds
that the sales agreement between the City of Sunnyvale and the buyer clearly
states that the closing deadline can be no more than two years after the effective
date which was November 2013.
The motion died due to lack of a second.
Appellant Ray-Nor Park Neighborhood Association: Wee-Lee Lim provided
information and a PowerPoint presentation in opposition to certification of the EIR,
citing questionable traffic analysis including the magnitude of impact of Apple
traffic, lack of analysis of pedestrian/bicyclist safety, inadequate parking and
concerns regarding air quality. Lim expressed concerns regarding the joint use
agreement and the RFP process, lack of seismic improvement to the buildings for
safety of the students and lack of mitigation of parking issues. Lim urged Council to
overturn the certification of the EIR and uphold the denial of the use permit.
Applicant/Appellant Stratford School: Clay Stringham, Stratford School, provided
information and a PowerPoint presentation regarding the proposed project.
Stringham cited potential improvements and benefits to the neighborhood including
proposed plans for improvement to the buildings, that Stratford will pay the park
maintenance costs, a new basketball court will be added to the park and additional
bleachers and other equipment will be added for use by sports associations.
Stringham cited Stratford's monitoring of current daytime use of the park and
addressed comments made by the other Appellant regarding the EIR. Stringham
stated that Stratford has completed all studies required, met all requirements and
has agreed to all Conditions of Approval. Stringham requested Council certify the
EIR and approve the use permit.
Council recessed at 9:37 p.m.
Council reconvened at 9:49 p.m. with all Councilmembers present.
Public Hearing opened at 9:49 p.m.
Aylin Salanifar spoke in support of Stratford School and requested approval of the
conditional use permit to allow Stratford to move to a larger facility.
Riya Mehta spoke in support of Stratford School and requested approval of the
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conditional use permit to allow the Santa Clara Stratford School to move to a larger
school.
Arni Kulkarni spoke in support of Stratford School.
Ameya Mulay spoke in support of Stratford School.
Denise DeLange requested denial of the conditional use permit citing traffic and
safety issues, and recommended the land be retained for public use.
Mark Isaak, speaking for himself, spoke in support of Stratford and regarding field
use and traffic impacts.
Vaishali Angal spoke in support of Stratford School.
Vidya Janardhanan spoke in support of Stratford School.
George Nakamura spoke in support of Stratford School citing outstanding
educational benefits and in support of a future Branch Library at Lakewood.
Mary Sullivan spoke in support of denial of the conditional use permit citing
questions regarding the bid process and the 1978 deed restriction to park,
recreational or open space use only.
Elizabeth Craig spoke in support of Stratford School and stated Raynor Park would
be shared between the school and the community.
Che Angkham spoke in support of Stratford School citing the benefit to students
and the community.
Dorian Jewett expressed concerns regarding out of area students, traffic impacts,
bicycle and pedestrian safety, and recommended redoing the EIR and use permit.
Sue Harrison, speaking for herself, stated she passes the area numerous times per
week and rarely observes neighborhood use of the park, and feels inconvenience
to the neighborhood is a nominal concern.
Tyler Smith spoke regarding potential traffic impacts to students walking to school
and the park, conflicts of afterschool use of the park by the school, and traffic
impacts of parents dropping off children.
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Brad Bereznak spoke in support of Stratford School and urged approval of the
conditional use permit.
Barbara McGarvey spoke in support of Stratford School.
Ashish Verma spoke in support of retaining public open spaces and expressed
concerns regarding pedestrian safety to residents of the neighborhood and
children.
Jill Shanmugasundaram, speaking as a representative of the Board of Directors of
AYSO, stated they are not in opposition to the Stratford School proposal and they
do not feel the joint use agreement will impact AYSO.
Fred Fowler, former President of the Lakewood Village Neighborhood Association,
stated the Board's affirmative support of the conditional use permit for Stratford
School.
Sarah Rao spoke in opposition to location of the Stratford School at Raynor Park.
Sudhakar Ram spoke in support of the need for quality local schools and
expressed support for Stratford School.
Mitchell Pearce, realtor, spoke in support of Stratford School, citing increased
property values and increased educational value.
Daniel Clothier, umpire, Metro Little League, spoke in opposition to loss of field use
at Raynor Park and increased traffic and requested upholding the decision of the
Planning Commission.
Joan Clothier expressed concerns regarding traffic impacts and safety and spoke in
favor of saving open space. Clothier requested upholding the Planning Commission
denial of the conditional use permit for Raynor Park.
Henry Alexander submitted signatures of over 1,000 people who support saving
Raynor Park, and spoke regarding the impact of adding over 800 cars daily in the
neighborhood.
Michael Goldman spoke in support of allowing the people to vote on this issue.
Brenda Mula spoke in support of Stratford School and provided information
regarding student community service programs that benefit the community.
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Mary Klink addressed comments regarding low field use and provided information
regarding heavy field use times. Klink also expressed concerns regarding traffic
safety and safety of the neighborhood children and pedestrians.
Preeti Ray spoke regarding overcrowding at Laurelwood School and the need to
re-open Patrick Henry, and stated Raynor is not the right location for Stratford.
Preeti Sharma expressed concern regarding earlier statements by a Stratford
teacher, bicycle and pedestrian safety, and the joint use agreement.
Shomir Dighe expressed concerns regarding the RFP, the traffic study, noise levels
from the drop-off corridor, pollution, safety hazards, and negative impacts to
property values.
Demetrios Triantafyllou spoke in opposition to the school citing increased traffic
and noise pollution, and asked the Council to uphold the Planning Commission
denial of the conditional use and declare the land surplus and put on the market.
Brooks Shaw expressed concerns regarding traffic impacts to the area and the use
agreement.
Neena Razdan spoke in opposition to any school that would increase traffic in the
Birdland neighborhood and requested Council vote against it.
Kirti expressed concerns regarding bicycle and pedestrian safety in the
neighborhood.
Kuntal Thakore spoke against the proposal and stated there are already many
great schools in the area. Thakore expressed concerns regarding traffic and
pedestrian safety and urged denial of the proposal.
Jean Batryn expressed concerns regarding priority use of public lands, school start
times, and traffic impacts.
Wendy Hales spoke regarding traffic impacts and the traffic study and
recommended keeping the park.
Arjun Ray spoke regarding the current traffic problems in the neighborhood, use of
the fields, and spoke in favor of retaining the park for public use.
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Suzanne Gokel expressed concerns regarding traffic and safety in the
neighborhood.
Shilpa Bhat spoke regarding the proposed use of the park by Stratford and
requested Council deny the priority use and the use permit.
David Lieberman spoke in opposition to the Stratford School proposal citing
neighborhood preservation, traffic and safety concerns.
Mike Kurtz spoke in opposition to Stratford’s priority use of Raynor Park and the
conditional use permit.
EIR Applicant: Wee-Lee Lim addressed comments regarding property values and
provided recommendations for overturning the EIR and requested denial of the use
permit.
Use Permit Applicant: Clay Stringham addressed comments regarding traffic
impacts, the number of proposed classrooms, use of the park in the summer, no
problem with the soccer groups, and stated he will reach out to the neighbors in
Birdland.
Public Hearing closed at 12:07 a.m.
APPEAL NO. 1: EIR ACTIONS:
MOTION: Councilmember Davis moved and Councilmember Griffith seconded the
motion to approve Alternative 1: Deny the appeal by the Ray Nor Neighborhood
Association of the Certification of the Environmental Impact Report, Make the
Findings Required by CEQA and Certify the EIR.
The motion carried by the following vote:
Yes: 5 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
No: 2 - Councilmember Whittum
Councilmember Meyering
APPEAL NO. 2: USE PERMIT
MOTION: Councilmember Davis moved and Councilmember Whittum seconded
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the motion to uphold the decision of the Planning Commission and deny the Use
Permit.
The motion failed by the following vote:
Yes: 3 - Councilmember Whittum
Councilmember Meyering
Councilmember Davis
No: 4 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
MOTION: Councilmember Griffith moved and Vice Mayor Larsson seconded the
motion to approve Alternative 4 (modified) to Grant the appeal by the applicant of
the Use Permit, make the Findings Required by the CEQA, adopt a Statement of
Overriding Considerations and Mitigation Monitoring Program as set forth in
Attachment 6 and 7 of the report, and approve the Use Permit with modification the
Conditions of Approval: a cap of 460 students, acceptance of Stratford’s offer of
$23,000 per year for maintenance, inclusion in the Conditions of Approval the
requirement that Stratford offered regarding the reservation pool, exploration of
options for dealing with overflow as part of the Conditions of Approval, and to
include the City Attorney’s comments regarding the Sales Agreement, to add a
Condition of Approval which would require an amendment to Section 5(c)(ii) to
extend the closing date to a reasonable time acceptable to the City in terms of the
close of escrow.
Councilmember Griffith clarified that his motion included a Condition of Approval
that would protect public street parking against spillover in the event the church and
the school property are insufficient to handle special event parking.
Director of Community Development Ryan suggested language such as,
“Attendees at special events shall use off-street parking on the school site or other
offsite locations. Special event attendees shall be directed not to park on public
streets in the residential neighborhood."
Councilmember Griffith accepted the language for inclusion in his motion.
AMENDMENT: Councilmember Whittum moved to amend the motion and
Councilmember Meyering seconded to make the student cap 416 students.
The motion to amend failed by the following vote:
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Yes: 2 - Councilmember Whittum
Councilmember Meyering
No: 5 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
AMENDMENT: Councilmember Meyering moved to amend the motion to include a
Condition of Approval that the school provide 5 scholarships each year to
Sunnyvale residents.
The motion to amend died due to lack of second.
The main motion as clarified by the maker of the motion, carried by the following
vote:
Yes: 4 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
No: 3 - Councilmember Whittum
Councilmember Meyering
Councilmember Davis
MOTION: At 1:41 a.m., Councilmember Griffith moved and Councilmember
Martin-Milius seconded the motion to proceed with Item 5, Item 6 and the
Non-Agenda Items, and continue the balance of the items to March 29, 2016.
REVISED MOTION: Councilmember Griffith moved and Councilmember
Martin-Milius seconded the motion to proceed with Items 5 and 6, and continue the
balance of the items to March 29, 2016.
The motion failed by the following vote (per Council Policy, supermajority required):
Yes: 4 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
No: 3 - Councilmember Whittum
Councilmember Meyering
Councilmember Davis
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MOTION: Councilmember Meyering moved and Councilmember Davis seconded
the motion to terminate the meeting immediately and continue the balance of the
agenda items to March 29, 2016.
The motion failed by the following vote:
Yes: 3 - Councilmember Whittum
Councilmember Meyering
Councilmember Davis
No: 4 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
MOTION: Councilmember Griffith moved and Vice Mayor Larsson seconded to
proceed with Item 6 and continue the balance of the agenda items to March 29,
2016.
The motion failed by the following vote (per Council Policy, supermajority required):
Yes: 4 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
No: 3 - Councilmember Whittum
Councilmember Meyering
Councilmember Davis
MOTION to RECONSIDER: Councilmember Griffith moved and Vice Mayor
Larsson seconded the motion to reconsider Councilmember Meyering's earlier
motion to terminate the meeting immediately and continue the balance of the
agenda items to March 29, 2016.
The motion to reconsider the earlier motion carried by the following vote:
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Yes: 5 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Whittum
Councilmember Davis
No: 2 - Councilmember Martin-Milius
Councilmember Meyering
The motion to terminate the meeting immediately and continue the balance of the
agenda items to March 29, 2016 carried by the following vote:
Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Whittum
Councilmember Meyering
Councilmember Davis
No: 1 - Councilmember Martin-Milius
4 15-0392 Introduce an Ordinance to Amend Titles 3 (Revenue and
Finance) and 19 (Zoning) of the Sunnyvale Municipal Code
related to the Transportation Impact Fee and Housing Impact
Fees in Conjunction with the Study Issue to Evaluate the
Timing of Park Dedication In-lieu Fee Calculation and
Payment (2015-7151)
Based on Council action after Item 3, this item was continued to the March 29,
2016 Council meeting.
5 15-1019 Approve the 2015 Annual Progress Report on Implementation
of the General Plan Housing Element
Based on Council action after Item 3, this item was continued to the March 29,
2016 Council meeting.
6 16-0047 Consider First Community Housing Proposal for $6 Million in
Housing Mitigation Funds for Redevelopment of Orchard
Gardens Apartments at 245 W. Weddell Drive, Resulting in an
87-Unit Affordable Housing Project
Based on Council action after Item 3, this item was continued to the March 29,
2016 Council meeting.
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7 16-0234 Review the Existing Friendly Exchange Relations Agreement
with the City of Dubna, Moscow Region, Russian Federation
for Potential Renewal
Based on Council action after Item 3, this item was continued to the March 29,
2016 Council meeting.
COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
None.
NON-AGENDA ITEMS & COMMENTS
-Council
None.
-City Manager
None.
INFORMATION ONLY REPORTS/ITEMS
16-0244 Clarification on Sunnyvale’s Representation on the Santa
Clara Valley Transportation Authority Board of Directors
(Information Only)
16-0237 New Green Bike Lanes Implementation Standards
(Information Only)
16-0270 City of Sunnyvale Brand Report and Next Steps (Information
Only)
16-0061 Tentative Council Meeting Agenda Calendar
16-0022 Information/Action Items
16-0080 Board/Commission Meeting Minutes
ADJOURNMENT
Mayor Hendricks adjourned the meeting at 1:50 a.m.
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Agenda
City of Sunnyvale
Notice and Agenda
City Council
Tuesday, March 15, 2016 4:30 PM Council Chambers and West Conference
Room, City Hall, 456 W. Olive Ave.,
Sunnyvale, CA 94086
Special Meeting-Closed Session-4:30 PM | Joint Study Session with Bicycle and
Pedestrian Advisory Commission-5:30 PM | Regular Meeting-7 PM
4:30 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
16-0091 Closed Session held pursuant to California Government Code
Section 54957.6: CONFERENCE WITH LABOR
NEGOTIATORS
Agency designated representatives: Teri Silva, Director of
Human Resources; Deanna J. Santana, City Manager
Employee organization: Public Safety Officers Association
(PSOA)
Employee organization: Sunnyvale Employees Association
(SEA)
5 Adjourn Special Meeting
5:30 P.M. SPECIAL COUNCIL MEETING (Joint Study Session with Bicycle and
Pedestrian Advisory Commission)
1 Call to Order in the Council Chambers (Open to the Public)
2 Roll Call
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City Council Notice and Agenda March 15, 2016
3 Public Comment
4 Study Session
16-0175 Update and Status of the City's Bicycle Program and
Upcoming Projects - Joint Study Session with the Bicycle and
Pedestrian Advisory Commission
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 REPORT
PRESENTATION
16-0068 PRESENTATION - Presentation by the Sunnyvale Chamber
of Commerce Regarding its Recent Survey on Transportation
Priorities
ORAL COMMUNICATIONS
This category provides an opportunity for members of the public to address 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 Councilmembers to
take action on an item not listed on the agenda. 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.
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City Council Notice and Agenda March 15, 2016
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.
1.A 16-0040 Approve City Council Meeting Minutes of February 9, 2016
Recommendation: Approve the City Council Meeting Minutes of February 9, 2016
as submitted.
1.B 16-0231 Approve City Council Meeting Minutes of February 23, 2016
Recommendation: Approve the City Council Meeting Minutes of February 23,
2016 as submitted.
1.C 16-0186 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 15-1067 Approve Agreement with Abode Services Related to Tenant
Based Rental Assistance (TBRA) Program
Recommendation: Approve the Agreement with Abode Services, in substantially
the same form as Attachment 1 to the report, to provide
funding for the Sunnyvale TBRA Program in an amount not to
exceed $371,898, and authorize the City Manager to execute
the Agreement.
1.E 16-0250 Third Amendment to Outside Counsel Agreement with Rankin
Stock Heaberlin for Litigation Services
Recommendation: Authorize the City Attorney to execute a Third Amendment, in
substantially the same form as Attachment 1 to the report, to
the Outside Counsel Agreement with the law firm of Rankin
Stock Heaberlin to increase the not-to-exceed amount by
$100,000, for a new not-to-exceed contract amount of
$250,000.
1.F 16-0038 Authorize the Issuance of a Purchase Order for the Purchase
of Self-checkout Machines, a Security Gate, and Related
Software and Hardware for the Sunnyvale Public Library
(F16-91)
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City Council Notice and Agenda March 15, 2016
Recommendation: Authorize the issuance of a purchase order substantially in the
same form as Attachment 1 to the report in the amount of
$99,995, excluding sales tax, to Bibliotheca ITG for six (6)
SmartServe 1000 self-checkout machines, a SmartGate 400
Single Aisle Security Gate, and related software and
hardware.
1.G 16-0128 Award of Contract for Instructional Classes and Camps
(F16-83)
Recommendation: 1) Award a two-year contract to Kidz Love Soccer to provide
instructional classes and camps, in substantially the same
form as Attachment 1 of the report; and 2) Delegate authority
to the City Manager to renew the contract for an additional
one-year period, provided pricing and service remain
acceptable to the City Manager.
1.H 16-0177 Award of Contract for Americans with Disabilities Act (ADA)
Access Evaluation and Transition Plan for City Facilities and
Rights-of-way (F16-55)
Recommendation: 1) Award a contract, in substantially the same form as
Attachment 1 of the report and in the amount not to exceed
$269,415 to Sally Swanson Architects, Inc. and 2) approve a
10% contract contingency in the amount of $26,942.
1.I 16-0185 Authorization to Accept the Pavement Maintenance
Technology Assistance Program Grant from the Metropolitan
Transportation Commission to Update the City’s Pavement
Management System
Recommendation: Authorize the City Manager to Accept the Metropolitan
Transportation Commission Pavement Maintenance
Technology Assistance Program Grant to Update the City's
Pavement Management System.
1.J 16-0230 Award of Bid No. PW16-06 for Orchard Gardens Park
Restrooms Renovation and Finding of CEQA Categorical
Exemption
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City Council Notice and Agenda March 15, 2016
Recommendation: 1) Make a finding of CEQA categorical exemption pursuant to
CEQA Guideline Section 15301 for alterations to existing
facilities involving negligible or no expansion of use beyond
that presently existing; 2) award a contract in substantially the
same form as Attachment 2 to the report and in the amount of
$120,365 to Integra Construction Services Inc.; and 3)
approve a 15% construction contingency in the amount of
$18,055.
1.K 16-0165 Approve the Agreement Renewal with Sustainable Community
Gardens for Property Located at 433 Charles Street
Recommendation: Alternative 1: Approve renewal of the Agreement, in
substantially the same form as Attachment 1 to the report,
with Sustainable Community Gardens for the operation and
maintenance of the Charles Street Community Gardens for a
one year term and authorize the City Manager to enter into
yearly renewals of the Agreement on behalf of the City.
1.L 16-0235 Adopt Ordinance No. 3074-16 Amending Certain Sections in
Chapters 18.04 (General Provisions) and 18.20 (Maps) of
Title 18 (Subdivisions) of the Sunnyvale Municipal Code
Recommendation: Adopt Ordinance No. 3074-16.
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.
2 16-0260 RECOMMEND CONTINUANCE
File #: 2015-7530 and 2015-7936
Location: 521 E. Weddell Drive (APN: 110-14-196), 531 E.
Weddell Drive (APN: 110-14-186), 539 E. Weddell Drive
(APN: 110-14-158), 1010 Morse Ave. (APN: 110-14-202)
Proposed Project:
GENERAL PLAN AMENDMENT: Proposed land use
designation change from Industrial to School on three parcels
(521, 531, and 539 E. Weddell Drive) and from Industrial to
Residential/Medium to High Density to Park on one parcel
(1010 Morse Ave. - Seven Seas Park); and
REZONING from MS-POA (Industrial and Service - Places of
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City Council Notice and Agenda March 15, 2016
Assembly Combining District) on three parcels (521, 531 and
539 E. Weddell Drive) and MS-ITR-R3-PD (Industrial and
Service - Industrial to Residential/Medium Density
Residential/Planned Development) on one parcel (1010
Morse Ave. - Seven Seas Park) to PF (Public Facilities)
zoning.
Applicant / Owner: Sunnyvale International Church and
Summit School (applicants) / Sunnyvale International Church
(owner - 521 and 539 E. Weddell Drive), 1st Morning Light
Chinese Christian Church (owner - 531 E. Weddell Drive), and
City of Sunnyvale (owner - 1010 Morse Ave.)
Environmental Review: Negative Declaration
Recommendation: Continue the item per the staff report.
3 16-0180 File #: 2014-7990
Location: 1500 Partridge Avenue (APN: 313-24-031)
Zoning: PF (Public Facility)
Proposed Project:
TWO APPEALS of decision by the Planning Commission:
Appeal No. 1) Certifying an Environmental Impact Report; and
Appeal No. 2) Denying a Use Permit to allow a private school
(Stratford School) at the former Raynor Activity Center.
Applicant / Owner: Stratford School (applicant) / City of
Sunnyvale (owner)
Environmental Review: Environmental Impact Report
Recommendation: Appeal No. 1: EIR Actions. Alternative 1 to Deny the appeal
by the Ray-Nor Neighborhood Association of the Certification
of the Environmental Impact Report, Make the Findings
Required by CEQA and Certify the EIR.
Appeal No. 2: Use Permit. Alternative 4 to Grant the appeal
by the applicant of the Use Permit, make the Findings
Required by the CEQA, adopt a Statement of Overriding
Considerations and Mitigation Monitoring Program as set forth
in Attachment 6 and 7 of the report, and approve the Use
Permit with the Conditions of Approval as set forth in
Attachment 4 of the report.
4 15-0392 Introduce an Ordinance to Amend Titles 3 (Revenue and
Finance) and 19 (Zoning) of the Sunnyvale Municipal Code
related to the Transportation Impact Fee and Housing Impact
Fees in Conjunction with the Study Issue to Evaluate the
Timing of Park Dedication In-lieu Fee Calculation and
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City Council Notice and Agenda March 15, 2016
Payment (2015-7151)
Recommendation: Alternative 1: Introduce an Ordinance to Amend Titles 3
(Revenue and Finance) and 19 (Zoning) of the Sunnyvale
Municipal Code related to the Transportation Impact Fee and
Housing Impact Fees to calculate fees at the time of building
permit submittal.
5 15-1019 Approve the 2015 Annual Progress Report on Implementation
of the General Plan Housing Element
Recommendation: Alternative 1: Approve the Annual Progress Report on
implementation of the Housing Element.
6 16-0047 Consider First Community Housing Proposal for $6 Million in
Housing Mitigation Funds for Redevelopment of Orchard
Gardens Apartments at 245 W. Weddell Drive, Resulting in an
87-Unit Affordable Housing Project
Recommendation: Alternative 1: Award a two-year conditional commitment of
HMF in the amount of $6 million to FCH for redevelopment of
Orchard Gardens Apartments at 245 W. Weddell Drive in
Sunnyvale, generally consistent with the terms described in
Attachment 5 to the report, and direct staff to include the funds
committed to this project in the FY 2016-17 Projects Budget.
7 16-0234 Review the Existing Friendly Exchange Relations Agreement
with the City of Dubna, Moscow Region, Russian Federation
for Potential Renewal
Recommendation: Staff makes no recommendation.
COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
NON-AGENDA ITEMS & COMMENTS
-Council
-City Manager
INFORMATION ONLY REPORTS/ITEMS
16-0244 Clarification on Sunnyvale’s Representation on the Santa
Clara Valley Transportation Authority Board of Directors
(Information Only)
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City Council Notice and Agenda March 15, 2016
16-0237 New Green Bike Lanes Implementation Standards
(Information Only)
16-0270 City of Sunnyvale Brand Report and Next Steps (Information
Only)
16-0061 Tentative Council Meeting Agenda Calendar
16-0022 Information/Action Items
16-0080 Board/Commission Meeting Minutes
ADJOURNMENT
NOTICE TO THE PUBLIC
The agenda reports to council (RTCs) 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).
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To help you prepare and deliver your public comments, please review the "Making
Public Comments During City Council or Planning Commission Meetings"
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City Council Notice and Agenda March 15, 2016
document available at Presentations.inSunnyvale.com.
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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.
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