City Council
Regular MeetingSunnyvale, CA · April 12, 2016
Minutes
City of Sunnyvale
Meeting Minutes - Final
City Council
Tuesday, April 12, 2016 6:00 PM Council Chambers, City Hall, 456 W. Olive
Ave., Sunnyvale, CA 94086
Special Meeting: Joint Meeting of Council and the Redevelopment Successor Agency
Immediately Followed by Special City Council Meeting
6 P.M. SPECIAL MEETING
Joint Meeting of the City Council and the Redevelopment Successor Agency
1 Call to Order in the Council Chambers (Open to the Public)
Mayor / Board Member Hendricks called the Joint Meeting of the City Council and
Redevelopment Successor Agency to order in Council Chambers.
2 Roll Call
Present: 7 - Mayor / Board Member Hendricks
Vice Mayor / Board Member Larsson
Councilmember / Board Member Griffith
Councilmember / Board Member Meyering
Councilmember / Board Member Martin-Milius
Councilmember / Board Member Davis
3 Public Comment
None.
4 Closed Session Reports for a) April 30, 2013 (revised report out) and b)
February 23, 2016
City Attorney / Agency Counsel John Nagel stated on April 30, 2013, the City
Council and the Successor Agency Board (“Board”) held a properly noticed special
joint meeting to consider the initiation of litigation. Upon the adjournment of that
special meeting, the City Council and the Board reported out their approval of the
initiation of litigation. The City Council again reported out its approval of the
initiation of the litigation during the course of its regular meeting on April 30, 2013.
The City Council and Board reported out the following: Direction to initiate litigation,
if necessary, has been given, and the action, defendants and other particulars
shall, once formally commenced, be disclosed to any person upon inquiry, unless
doing so would jeopardize our ability to effectuate service or negatively impact any
settlement negotiations. The vote on April 30, 2013 action was: Board
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members/Councilmembers Davis, Martin-Milius, Spitaleri, Whittum, Meyering and
Moylan voting yes and Board member/Councilmember Griffith being absent. The
litigation authorized to be filed was related to the dissolution of the former
Redevelopment Agency of the City of Sunnyvale. As a result of the April 30 action
on May 23, 2013, the Successor Agency to the Redevelopment Agency of the City
of Sunnyvale and the City of Sunnyvale sued Ana J. Matosantos, in her official
capacity as Director of the State of California Department of Finance and Vinod K.
Sharma, in his official capacity as Auditor-Controller of the County of Santa Clara
(Case No. 34-2013-80001499). Michael Cohen subsequently replaced Ana
Matosantos as Director of the State of California Department of Finance and as the
named party in the lawsuit. Not all of the claims brought under Case No.
34-2013-80001499 were deemed ripe for adjudication, and the Successor Agency
was directed to exhaust its administrative remedies prior to judicial review of such
claims. Following such exhaustion, based on the authority granted on April 30,
2013, on April 14, 2015, the Successor Agency to the Redevelopment Agency of
the City of Sunnyvale and the City of Sunnyvale sued Michael Cohen, in his official
capacity as Director of the State of California Department of Finance (Case No.
34-2015-80002067). Case No. 34-2015-80002067 was officially brought as a case
related to Case No. 34-2013-80001499, because it involves the same parties and
is based on the same or similar claims. Specifically, the Successor Agency seeks
to receive relief for the claims initially brought under Case No. 34-2013-80001499
that were previously dismissed.
On February 23, 2016, the City Council and the Successor Agency Board held a
properly noticed joint special meeting regarding Successor Agency to the
Redevelopment Agency of the City of Sunnyvale and the City of Sunnyvale
authorizing to appeal the Superior Court ruling in Case No. 34-2015-80002067.
Inadvertently, the City Council and the Successor Agency Board did not report out
their decision to file a Notice of Appeal in this matter. The vote on the February 23,
2016 was: Board members/Councilmembers Davis, Martin-Milius, Larsson,
Whittum, Meyering, Griffith and Hendricks voting yes.
5 Consent Calendar
MOTION: Councilmember / Board Member Griffith moved and Vice Mayor / Board
Member Larsson seconded the motion to approve the Consent Calendar.
FRIENDLY AMENDMENT: Following discussion regarding attendance at the April
30, 2013 Closed Session, Vice Mayor / Board Member Larsson offered a friendly
amendment to remove Consent Calendar Item 5.A Joint Meeting of the City Council
and the Redevelopment Successor Agency Minutes of April 30, 2013 from the
motion.
Councilmember / Board Member Griffith accepted the friendly amendment.
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The motion carried by the following vote:
Yes: 5 - Mayor / Board Member Hendricks
Vice Mayor / Board Member Larsson
Councilmember / Board Member Griffith
Councilmember / Board Member Martin-Milius
Councilmember / Board Member Davis
No: 1 - Councilmember / Board Member Meyering
A 16-0361 Approve Joint City Council and Redevelopment Successor
Agency Meeting Minutes of April 30, 2013
This item was removed from the Consent Calendar and will be brought back for
consideration at a later date. No action taken.
B 16-0379 Approve Joint City Council and Redevelopment Successor
Agency Meeting Minutes of December 10, 2015
Redevelopment Successor Agency: Approve the Joint City Council and
Redevelopment Successor Agency Meeting Minutes of December 10, 2015 as
submitted.
C 16-0378 Approve Joint City Council and Redevelopment Successor
Agency Meeting Minutes of February 23, 2016
Redevelopment Successor Agency: Approve the Joint City Council and
Redevelopment Successor Agency Meeting Minutes of February 23, 2016 as
submitted.
D 16-0343 Approve the First Amendment to Outside Counsel Agreement
with Goldfarb & Lipman LLP for Litigation Services Pertaining
to the Three Lawsuits Related to the Dissolution of the
Redevelopment Agency
City Council:
Authorize the City Attorney to execute a First Amendment, in substantially the same
form as Attachment 1 to the report, to the Outside Counsel Agreement with the law
firm of Goldfarb Lipman to extend the term of the Agreement until May 19, 2019
and to increase the not to exceed amount by $60,000, for a new not to exceed
contract amount of $160,000.
Redevelopment Successor Agency:
Authorize the Agency Counsel to execute a First Amendment, in substantially the
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same form as Attachment 1 to the report, to the Outside Counsel Agreement with
the law firm of Goldfarb Lipman to extend the term of the Agreement until May 19,
2019 and to increase the not to exceed amount by $60,000, for a new not to
exceed contract amount of $160,000.
6 Adjourn Joint Meeting of the City Council and Redevelopment Successor
Agency
Mayor Hendricks adjourned the Joint Meeting of the City Council and
Redevelopment Successor Agency meeting at 6:14 p.m.
SPECIAL CITY COUNCIL MEETING (Immediately Following Joint Meeting of the
City Council and Redevelopment Successor Agency)
CALL TO ORDER
Mayor Hendricks called the meeting to order in Council Chambers at 6:15 p.m.
SALUTE TO THE FLAG
Mayor Hendricks led the salute to the flag.
ROLL CALL
Present: 6 - Mayor Glenn Hendricks
Vice Mayor Gustav Larsson
Councilmember Jim Griffith
Councilmember Tara Martin-Milius
Councilmember Pat Meyering
Councilmember Jim Davis
PRESENTATION
16-0355 PRESENTATION - PG&E Pipeline Safety Program
(Rescheduled from March 29, 2016)
Following action on Item 7, Rabiah Khalid, Local Government Relations
Representative, PG&E and Darren Klein, PG&E provided a presentation regarding
the Community Pipeline Safety Initiative.
ORAL COMMUNICATIONS
Mayor Hendricks announced the upcoming State of the City event on July 9 on the
City Hall campus.
Councilmember Davis announced upcoming vacancies on boards and
commissions and an application deadline.
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Councilmember Davis announced a call for nominations for Sunnyvale Community
Awards.
Councilmember Davis announced applications are being accepted for Community
Event and Neighborhood Grant programs.
Councilmember Martin-Milius announced the winners of the iGreen April
Eco-Challenge.
Maria Pan addressed the Council.
CONSENT CALENDAR
Councilmember Meyering requested to pull Items 1.A, 1.B, 1.C and 1.D.
1.A 16-0344 Approve City Council Meeting Minutes of March 29, 2016
Public Hearing opened at 6:26 p.m.
No speakers.
Public Hearing closed at 6:26 p.m.
MOTION: Councilmember Meyering moved to amend the minutes to include a
summary of the dissenting points of view.
The motion died due to lack of a second.
MOTION: Vice Mayor Larsson moved and Councilmember Davis seconded the
motion to approve the City Council Meeting Minutes of March 29, 2016 as
submitted.
The motion carried by the following vote:
Yes: 5 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
No: 1 - Councilmember Meyering
1.B 16-0348 Approve the List(s) of Claims and Bills Approved for Payment
by the City Manager
Public Hearing opened at 6:27 p.m.
No speakers.
Public Hearing closed at 6:27 p.m.
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MOTION: Councilmember Meyering moved to deny payment until such time as bills
are provided on request to Councilmembers.
The motion died due to lack of a second.
MOTION: Vice Mayor Larsson moved and Councilmember Davis seconded the
motion to approve the list(s) of claims and bills.
The motion carried by the following vote:
Yes: 5 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
No: 1 - Councilmember Meyering
1.C 16-0312 Award of Bid No. PW16-21 for the Slurry Seal 2016-B Project
and Finding of California Environmental Quality Act (CEQA)
Categorical Exemption
Public Hearing opened at 6:27 p.m.
No speakers.
Public Hearing closed at 6:27 p.m.
MOTION: Councilmember Meyering moved to deny recommendation number 3.
The motion died due to lack of a second.
MOTION: Vice Mayor Larsson moved and Councilmember Davis seconded the
motion to 1) Make a finding of CEQA categorical exemption pursuant to CEQA
Guidelines Section 15301 (Class 1, Existing Facilities) as it relates to the
rehabilitation of existing streets involving negligible or no expansion of existing use;
2) award a construction contract, in substantially the same format as Attachment 2
to the report and in the amount of $277,000 to VSS International Inc.; and 3)
approve a 10% construction contingency in the amount of $27,700.
The motion carried by the following vote:
Yes: 5 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
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No: 1 - Councilmember Meyering
1.D 16-0342 Award of Bid No. PW16-15 for the Concrete, Sidewalk, Curbs,
Gutters and Driveway Approaches 2016-17 Project and
Finding of California Environmental Quality Act (CEQA)
Categorical Exemption
Public Hearing opened at 6:28 p.m.
No speakers.
Public Hearing closed at 6:28 p.m.
MOTION: Councilmember Meyering moved to deny recommendation number 3.
The motion died due to lack of a second.
MOTION: Vice Mayor Larsson moved and Councilmember Davis seconded the
motion to 1) Make a finding of CEQA categorical exemption pursuant to CEQA
Guidelines Section 15301 (Class 1, Existing Facilities) as it relates to the
rehabilitation of existing streets involving negligible or no expansion of existing use;
2) award a construction contract, in substantially the same format as Attachment 2
to the report and in the amount of $867,728 to Spencon Construction Inc.; 3)
approve a 10% construction contingency in the amount of $86,773; and 4)
determine that the bid submitted by JJR Construction, Inc. is non responsive.
The motion carried by the following vote:
Yes: 5 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
No: 1 - Councilmember Meyering
PUBLIC HEARINGS/GENERAL BUSINESS
2 16-0046 Introduce an Ordinance to Award a Non-Exclusive Taxicab
Franchise to Silicon Valley Taxi Drivers, Inc. DBA Green Cab
Management Analyst Elaine Ketell provided the staff report.
Public Hearing opened at 6:31 p.m.
No speakers.
Public Hearing closed at 6:31 p.m.
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MOTION: Vice Mayor Larsson moved and Councilmember Davis seconded the
motion to approve Alternative 1: Introduce an Ordinance to Award a Non-exclusive
Taxicab Franchise to Silicon Valley Taxi Drivers, Inc. DBA Green Cab and
authorize the City Manager to execute the franchise agreement.
City Clerk Kathleen Franco Simmons read the ordinance title.
The motion carried by the following vote:
Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Meyering
Councilmember Davis
No: 0
3 16-0181 Introduce an Ordinance to Award a Non-Exclusive Taxicab
Franchise to Silicon Valley Cab Co., Inc. DBA Silicon Valley
Cab
Management Analyst Elaine Ketell provided the staff report.
Public Hearing opened at 6:33 p.m.
No speakers.
Public Hearing closed at 6:33 p.m.
MOTION: Vice Mayor Larsson moved and Councilmember Davis seconded the
motion to approve Alternative 1: Introduce an Ordinance to Award a Non-exclusive
Taxicab Franchise to Silicon Valley Cab Co., Inc. DBA Silicon Valley Cab and
authorize the City Manager to execute the franchise agreement.
City Clerk Kathleen Franco Simmons read the ordinance title.
The motion carried by the following vote:
Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Meyering
Councilmember Davis
No: 0
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4 16-0373 Appoint a Councilmember to the Valley Transportation
Authority El Camino Real Rapid Transit Policy Advisory Board
to Serve as a Voting Member and if necessary Appoint an
Alternate Member
City Manager Deanna Santana provided the staff report.
Public Hearing opened at 6:34 p.m.
No speakers.
Public Hearing closed at 6:34 p.m.
NOMINATION: Councilmember Davis nominated Mayor Hendricks.
Mayor Hendricks respectfully declined the nomination.
Vice Mayor Larsson expressed interest in serving on the policy advisory board.
MOTION: Councilmember Martin-Milius moved and Councilmember Davis
seconded the motion to nominate Vice Mayor Larsson to serve on the VTA El
Camino Real Rapid Transit Policy Advisory Board.
Vice Mayor Larsson accepted the nomination.
MOTION: Councilmember Griffith moved and Councilmember Martin-Milius
seconded the motion to appoint the nomination.
Mayor Hendricks determined the motion had been made by the previous motion.
The motion carried by the following vote:
Yes: 5 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
No: 1 - Councilmember Meyering
Following action on Item 4, Council considered Item 7.
5 16-0090 Introduce an Ordinance Amending Sunnyvale Municipal Code
Chapter 9.86 and Title 19 to Expressly Prohibit Medical
Marijuana Cultivation, Commercial Activity, Distribution, and
Delivery; Exempt from CEQA Pursuant to CEQA Guidelines
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Sections 15060(c)(2) and 15061(b)(3)
Director of Public Safety Frank Grgurina provided the staff report and stated an
updated version of the ordinance has been provided to Council which includes the
complete definition of “Delivery.” City Manager Deanna Santana and Assistant City
Attorney Melissa Tronquet provided additional information.
Councilmember Griffith proposed a study issue regarding a R&D exemption so long
as the marijuana never leaves the site.
Councilmember Martin-Milius stated support for a study issue.
Public Hearing opened at 7:52 p.m.
Tony Spitaleri spoke in support of consideration of an exemption for research and
development in the case where the product is destroyed following the research.
Jennifer Ong provided background and information regarding a company which is
in the business of indoor grow industries and plant growth systems.
Public Hearing closed at 8:04 p.m.
MOTION: Councilmember Davis moved and Councilmember Griffith seconded the
motion to approve Alternative 1: Introduce an ordinance amending Chapter 9.86
and Title 19 (Zoning), Section 19.62.010 and Tables 19.24.030, 19.28.080,
19.18.030, 19.20.030, 19.29.050, and 19.22.030, of the Sunnyvale Municipal Code
relating to an express prohibition on medical marijuana cultivation, commercial
activity, distribution, delivery and other activities, and find that the adoption of the
ordinance is exempt from CEQA pursuant to CEQA Guidelines Sections 15060(c)
(2) and 15061(b)(3).
FRIENDLY AMENDMENT: Councilmember Martin-Milius offered a friendly
amendment to add a personal exemption for people who have cards.
Councilmember Davis accepted the friendly amendment.
Mayor Hendricks suggested the original motion be left as-is and allow staff to look
at clarifying language.
Councilmember Davis accepted Mayor Hendricks’ suggestion and the friendly
amendment was removed from the motion.
City Manager Santana provided comments regarding the process and timing of
staff returning to Council.
AMENDMENT: Councilmember Meyering moved to amend the motion to create an
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exception for outdoor cultivation of no more than one plant for personal, prescribed
medical use.
The motion to amend died due to lack of a second.
City Clerk Kathleen Franco Simmons read the ordinance title.
The motion carried by the following vote:
Yes: 5 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
No: 1 - Councilmember Meyering
6 16-0151 Introduce an Ordinance Amending Section 3.80.040 of the
Sunnyvale Municipal Code to increase the City's Minimum
Wage to $15 by 2018
Economic Development Manager Connie Verceles provided the staff report. City
Manager Deanna Santana provided additional information.
Public Hearing opened at 8:31 p.m.
Former Mayor and County Assessor Larry Stone spoke in support of an increase in
the minimum wage.
Irene Murphy, Fibbar Magee’s, stated restaurants are requesting additional time for
the increase.
Ram, owner of a small business in Sunnyvale, stated it is a drastic increase for
small businesses and requested an incremental approach. Ram spoke in support
of waiting until 2020.
Julia Blom, owner of a small business, requested a slower increase due to the
impact on the operations of the business and the ability to pay increased health
care costs. Blom spoke in support of waiting until 2020.
Rene Blom stated that an increase from $10.30 to $15 in 18 months is too much
and will impact the ability to pay health costs and keep their business going. Blom
requested a compromise and go to 2020.
Emad Ibrahim, owner of Dish Dash, stated that it has never been more challenging
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to run a business than the last several years, requested further discussion
regarding tipped employees, and requested a slower increase to 2020.
Ravi, small restaurant owner, requested consideration of lengthening the
implementation to 2022.
Kalidoss, small business owner in Sunnyvale, stated the rate increase would be
very difficult and requested a smaller increase.
Deborah Olson, owner of C.J. Olson Cherries, spoke in agreement with the
Governor’s plan. Olson expressed concern with the City’s proposed increase, and
stated small businesses will be forced to cut employees, prices will have to
increase and businesses may be forced to close down. Olson urged slowing the
increase.
Joe Antuzzi, owner of Il Postale and Chair of the Downtown Association, shared
comments from other Downtown business owners opposed to an increase by 2018.
Kirk Vartan, Slice of New York, stated his biggest concern is that the issue is not
being reviewed with a regional focus and requested consumer education.
Louise Auerhahn, Working Partnerships, spoke regarding the huge need and the
challenge of housing affordability, and the need to make sure people make enough
to work where they live, and urged adoption of the ordinance.
Margaret Abe-Koga, Raise the Minimum Wage Coalition, spoke regarding the
growing affordability gap in the region, and stated Mountain View adopted an
ordinance to increase the minimum wage to $15 in 2018.
Michael O’Brian, engineer, spoke in support of an increase in the minimum wage.
Christa Shaw speaking on behalf of Faultline Brewing Company, provided
information regarding the impact of the 2015 increase on the business and
requested consideration of the concept of total compensation and tipped
employees.
Alison Hicks spoke in support of $15 by 2018 and stated Governor Brown’s $15 by
2022 will not be a significant increase if current conditions continue.
Christopher Doan spoke in support of an increase in minimum wage to $15 by
2018.
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Meghan Freeley, Raise the Wage South Bay and Peninsula Coalition, stated there
is a regional movement to raise the minimum wage and encouraged offering
education and support to business owners.
Tony Spitaleri spoke in support of the minimum wage of $15 an hour and asked
that it be extended to 2020 to support small businesses to allow them time to
adjust.
Jessica Lynam, California Restaurant Association, spoke in opposition to the
increase by 2018, and asked the City to work with small businesses to extend the
increase a few years.
Susyn Almond spoke in support of the minimum wage increase.
Caitlyn Jullivan speaking for Marie Bernard, Executive Director, Sunnyvale
Community Services, read a letter in support of an increase in the minimum wage.
Public Hearing closed at 9:31 p.m.
MOTION: Councilmember Davis moved and Councilmember Griffith seconded the
motion to approve Alternative 1: Introduce an Ordinance Amending Section
3.80.040 of the Sunnyvale Municipal Code to increase the City's Minimum Wage to
$15 by 2018.
AMENDMENT: Councilmember Meyering moved to amend the motion to include a
provision that allows the Council to vote to postpone a pending minimum wage
increase if citywide employment has dropped over the preceding year.
The motion to amend died due to lack of a second.
City Clerk Kathleen Franco Simmons read the ordinance title.
The motion carried by the following vote:
Yes: 4 - Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
No: 1 - Mayor Hendricks
Abstain: 1 - Councilmember Meyering
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Council recessed at 10:05 p.m.
Council reconvened at 10:15 p.m. with all Councilmembers present.
Council resumed with Public Hearings/General Business Item 8.
7 16-0030 Approve the Issuance of Request for Proposals to Develop a
New Affordable Housing Project on City Property Located on
Charles Street (Block 15)
Council considered this item following Item 4.
Assistant City Manager Hanson Hom provided the staff report.
Public Hearing opened at 6:59 p.m.
No speakers.
Public Hearing closed at 6:59 p.m.
MOTION: Councilmember Martin-Milius moved and Councilmember Davis
seconded the motion to approve Alternative 2: Approve the Issuance of the
Request for Proposals (RFP) to Develop New Affordable Housing Project on City
Property Located on Charles Street (Block 15), with a modification to change the
scoring sheet to add incentive for homeless veterans and developmentally disabled
seniors, and increase the points to 10 points.
The motion carried by the following vote:
Yes: 5 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
No: 0
Abstain: 1 - Councilmember Meyering
Following action on Item 7, Council resumed the order of the agenda and received
the Presentation by PG&E.
8 16-0301 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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Payment (2015-7151) (Continued from March 15 and March
29, 2016)
Director of Community Development Trudi Ryan provided the staff report.
Public Hearing opened at 10:20 p.m.
No speakers.
Public Hearing closed at 10:20 p.m.
MOTION: Vice Mayor Larsson moved and Councilmember Griffith seconded the
motion to approve 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.
City Clerk Kathleen Franco Simmons read the ordinance title.
The motion carried by the following vote:
Yes: 5 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
No: 1 - Councilmember Meyering
9 15-1031 Consideration of Options for Implementation of an Auxiliary
Restroom at the Las Palmas Park / Tennis Center
Superintendent of Parks and Golf Jim Stark provided the staff report. Director of
Public Works Manuel Pineda provided additional information.
Public Hearing opened at 10:35 p.m.
No speakers.
Public Hearing closed at 10:35 p.m.
MOTION: Councilmember Griffith moved and Vice Mayor Larsson seconded the
motion to approve Alternative 3: Direct staff to defer the auxiliary restroom for
consideration as part of the community outreach process for the Las Palmas Park
Renovation and Enhancement project in FY 2023/24 and increase the project
budget during the next capital project budget cycle to reflect the additional restroom
scope.
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The motion carried by the following vote:
Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Meyering
Councilmember Davis
No: 0
COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
Councilmember Martin-Milius reported her attendance at a meeting of the League
of California Cities Environmental Quality Policy Committee and a meeting of
LAFCO.
Vice Mayor Larsson reported his attendance at a meeting of BAWSCA Board
Policy Committee in which he was selected to serve as Vice Chair for the coming
year.
Councilmember Davis reported his attendance at a meeting of the League of
California Cities Public Safety Policy Committee.
Councilmember Griffith announced the upcoming inaugural meeting of the Silicon
Valley Clean Energy Authority.
Mayor Hendricks reported his attendance at a meeting of the VTA Board.
NON-AGENDA ITEMS & COMMENTS
-Council
Vice Mayor Larsson spoke regarding advocacy and inquired if there is more
Council can do to be effective in advocacy by setting strategic priorities. Mayor
Hendricks suggested it may be an item for the next Council strategic session.
Vice Mayor Larsson reported his attendance at CityAge conference, a CCE
conference and a kickoff event for Measure AA Save the Bay.
Councilmember Meyering inquired about the Information Only report on the agenda
regarding Envision Silicon Valley.
Director of Public Works Pineda, City Manager Santana and Mayor Hendricks
provided a response.
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Councilmember Meyering requested information relating to Plaza del Rey
regarding the financial hardship policy effective date and the number of residents
who have received a hardship benefit since it has been in effect.
City Manager Santana stated a response would be provided via the City Manager's
Bi-Weekly Report.
Mayor Hendricks stated a Council Study Session is scheduled for June 28 and that
he will be attending a meeting at Plaza del Rey in the coming weeks.
Mayor Hendricks reported he and Councilmember Davis traveled to Washington,
D.C. with Silicon Valley Leadership Group and met with various representatives
and staff.
-City Manager
City Manager Santana announced the interview date for the Executive Assistant to
City Council position and noted on the Tentative Council Meeting Agenda Calendar
the Declaration of Vacancy and Calling a Special Election will be considered at the
next Council meeting.
INFORMATION ONLY REPORTS/ITEMS
16-0351 Tentative Council Meeting Agenda Calendar
16-0324 Information/Action Items
16-0359 Update on City Position as Part of Envision Silicon Valley and
the Proposed 2016 Transportation Ballot Measure
(Information Only)
16-0352 Board/Commission Meeting Minutes
ADJOURNMENT
Mayor Hendricks adourned the meeting at 11 p.m.
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Agenda
City of Sunnyvale
Notice and Agenda
City Council
Tuesday, April 12, 2016 6:00 PM Council Chambers, City Hall, 456 W. Olive
Ave., Sunnyvale, CA 94086
Special Meeting: Joint Meeting of Council and the Redevelopment Successor Agency
Immediately Followed by Special City Council Meeting
6 P.M. SPECIAL MEETING
Joint Meeting of the City Council and the Redevelopment Successor Agency
1 Call to Order in the Council Chambers (Open to the Public)
2 Roll Call
3 Public Comment
4 Closed Session Reports for a) April 30, 2013 (revised report out) and b)
February 23, 2016
5 Consent Calendar
A 16-0361 Approve Joint City Council and Redevelopment Successor
Agency Meeting Minutes of April 30, 2013
Recommendation: Redevelopment Successor Agency:
Approve the Joint City Council and Redevelopment Successor
Agency Meeting Minutes of April 30, 2013 as submitted.
B 16-0379 Approve Joint City Council and Redevelopment Successor
Agency Meeting Minutes of December 10, 2015
Recommendation: Redevelopment Successor Agency:
Approve the Joint City Council and Redevelopment Successor
Agency Meeting Minutes of December 10, 2015 as submitted.
City of Sunnyvale Page 1 Printed on 4/7/2016
City Council Notice and Agenda April 12, 2016
C 16-0378 Approve Joint City Council and Redevelopment Successor
Agency Meeting Minutes of February 23, 2016
Recommendation: Redevelopment Successor Agency:
Approve the Joint City Council and Redevelopment Successor
Agency Meeting Minutes of February 23, 2016 as submitted.
D 16-0343 Approve the First Amendment to Outside Counsel Agreement
with Goldfarb & Lipman LLP for Litigation Services Pertaining
to the Three Lawsuits Related to the Dissolution of the
Redevelopment Agency
Recommendation: City Council:
Authorize the City Attorney to execute a First Amendment, in
substantially the same form as Attachment 1 to the report, to
the Outside Counsel Agreement with the law firm of Goldfarb
Lipman to extend the term of the Agreement until May 19,
2019 and to increase the not-to-exceed amount by $60,000,
for a new not-to-exceed contract amount of $160,000.
Redevelopment Successor Agency:
Authorize the Agency Counsel to execute a First Amendment,
in substantially the same form as Attachment 1 to the report,
to the Outside Counsel Agreement with the law firm of
Goldfarb Lipman to extend the term of the Agreement until
May 19, 2019 and to increase the not-to-exceed amount by
$60,000, for a new not-to-exceed contract amount of
$160,000.
6 Adjourn Joint Meeting of the City Council and Redevelopment Successor
Agency
SPECIAL CITY COUNCIL MEETING (Immediately Following Joint Meeting of the
City Council and Redevelopment Successor Agency)
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)
City of Sunnyvale Page 2 Printed on 4/7/2016
City Council Notice and Agenda April 12, 2016
SALUTE TO THE FLAG
ROLL CALL
PRESENTATION
16-0355 PRESENTATION - PG&E Pipeline Safety Program
(Rescheduled from March 29, 2016)
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.
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 16-0344 Approve City Council Meeting Minutes of March 29, 2016
Recommendation: Approve the City Council Meeting Minutes of March 29, 2016
as submitted.
1.B 16-0348 Approve the List(s) of Claims and Bills Approved for Payment
by the City Manager
Recommendation: Approve the list(s) of claims and bills.
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City Council Notice and Agenda April 12, 2016
1.C 16-0312 Award of Bid No. PW16-21 for the Slurry Seal 2016-B Project
and Finding of California Environmental Quality Act (CEQA)
Categorical Exemption
Recommendation: 1) Make a finding of CEQA categorical exemption pursuant to
CEQA Guidelines Section 15301 (Class 1, Existing Facilities)
as it relates to the rehabilitation of existing streets involving
negligible or no expansion of existing use; 2) award a
construction contract, in substantially the same format as
Attachment 2 to the report and in the amount of $277,000 to
VSS International Inc.; and 3) approve a 10% construction
contingency in the amount of $27,700.
1.D 16-0342 Award of Bid No. PW16-15 for the Concrete, Sidewalk, Curbs,
Gutters and Driveway Approaches 2016-17 Project and
Finding of California Environmental Quality Act (CEQA)
Categorical Exemption
Recommendation: 1) Make a finding of CEQA categorical exemption pursuant to
CEQA Guidelines Section 15301 (Class 1, Existing Facilities)
as it relates to the rehabilitation of existing streets involving
negligible or no expansion of existing use; 2) award a
construction contract, in substantially the same format as
Attachment 2 to the report and in the amount of $867,728 to
Spencon Construction Inc.; 3) approve a 10% construction
contingency in the amount of $86,773; and 4) determine that
the bid submitted by JJR Construction, Inc. is non-responsive.
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 16-0046 Introduce an Ordinance to Award a Non-Exclusive Taxicab
Franchise to Silicon Valley Taxi Drivers, Inc. DBA Green Cab
Recommendation: Alternative 1: Introduce an Ordinance to Award a
Non-exclusive Taxicab Franchise to Silicon Valley Taxi
Drivers, Inc. DBA Green Cab and authorize the City Manager
to execute the franchise agreement.
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City Council Notice and Agenda April 12, 2016
3 16-0181 Introduce an Ordinance to Award a Non-Exclusive Taxicab
Franchise to Silicon Valley Cab Co., Inc. DBA Silicon Valley
Cab
Recommendation: Alternative 1: Introduce an Ordinance to Award a
Non-exclusive Taxicab Franchise to Silicon Valley Cab Co.,
Inc. DBA Silicon Valley Cab and authorize the City Manager to
execute the franchise agreement.
4 16-0373 Appoint a Councilmember to the Valley Transportation
Authority El Camino Real Rapid Transit Policy Advisory Board
to Serve as a Voting Member and if necessary Appoint an
Alternate Member
Recommendation: Staff makes no recommendation.
5 16-0090 Introduce an Ordinance Amending Sunnyvale Municipal Code
Chapter 9.86 and Title 19 to Expressly Prohibit Medical
Marijuana Cultivation, Commercial Activity, Distribution, and
Delivery; Exempt from CEQA Pursuant to CEQA Guidelines
Sections 15060(c)(2) and 15061(b)(3)
Recommendation: Alternative 1: Introduce an ordinance amending Chapter 9.86
and Title 19 (Zoning), Section 19.62.010 and Tables
19.24.030, 19.28.080, 19.18.030, 19.20.030, 19.29.050, and
19.22.030, of the Sunnyvale Municipal Code relating to an
express prohibition on medical marijuana cultivation,
commercial activity, distribution, delivery and other activities,
and find that the adoption of the ordinance is exempt from
CEQA pursuant to CEQA Guidelines Sections 15060(c)(2)
and 15061(b)(3).
6 16-0151 Introduce an Ordinance Amending Section 3.80.040 of the
Sunnyvale Municipal Code to increase the City's Minimum
Wage to $15 by 2018
Recommendation: Alternative 1: Introduce an Ordinance Amending Section
3.80.040 of the Sunnyvale Municipal Code to increase the
City's Minimum Wage to $15 by 2018.
City of Sunnyvale Page 5 Printed on 4/7/2016
City Council Notice and Agenda April 12, 2016
7 16-0030 Approve the Issuance of Request for Proposals to Develop a
New Affordable Housing Project on City Property Located on
Charles Street (Block 15)
Recommendation: Alternative 1: Approve the Issuance of the Request for
Proposals (RFP) to Develop New Affordable Housing Project
on City Property Located on Charles Street (Block 15).
8 16-0301 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) (Continued from March 15 and March
29, 2016)
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.
9 15-1031 Consideration of Options for Implementation of an Auxiliary
Restroom at the Las Palmas Park / Tennis Center
Recommendation: Alternative 3: Direct staff to defer the auxiliary restroom for
consideration as part of the community outreach process for
the Las Palmas Park Renovation and Enhancement project in
FY 2023/24 and increase the project budget during the next
capital project budget cycle to reflect the additional restroom
scope.
COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
NON-AGENDA ITEMS & COMMENTS
-Council
-City Manager
INFORMATION ONLY REPORTS/ITEMS
City of Sunnyvale Page 6 Printed on 4/7/2016
City Council Notice and Agenda April 12, 2016
16-0351 Tentative Council Meeting Agenda Calendar
16-0324 Information/Action Items
16-0359 Update on City Position as Part of Envision Silicon Valley and
the Proposed 2016 Transportation Ballot Measure
(Information Only)
16-0352 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).
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"
document available at Presentations.inSunnyvale.com.
City of Sunnyvale Page 7 Printed on 4/7/2016
City Council Notice and Agenda April 12, 2016
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 City Clerk (located to the left of the
Council dais). The City Clerk will distribute your items to the Council.
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 8 Printed on 4/7/2016
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