City Council
Regular MeetingSunnyvale, CA · October 4, 2016
Minutes
City of Sunnyvale
Meeting Minutes - Final
City Council
Tuesday, October 4, 2016 5:30 PM Council Chambers and West Conference
Room, City Hall, 456 W. Olive Ave.,
Sunnyvale, CA 94086
Special Meeting-Study Session-5:30 PM | Regular Meeting-7 PM
5:30 P.M. SPECIAL COUNCIL MEETING (Study Session)
1 Call to Order in the West Conference Room (Open to the Public)
Mayor Hendricks called the meeting to order at 5:30 p.m.
2 Roll Call
Present: 7 - Mayor Glenn Hendricks
Vice Mayor Gustav Larsson
Councilmember Jim Griffith
Councilmember Tara Martin-Milius
Councilmember Pat Meyering
Councilmember Jim Davis
Councilmember Larry Klein
3 Public Comment
None.
4 Study Session
16-0192 Board and Commission Interviews
The following individuals were interviewed for vacancies on boards and
commissions:
Gregory McNutt - Planning Commission
Dustin Nguyen - Arts Commission
Daniel Howard - Planning Commission
Melanie Holthaus - Planning Commission, Housing and Human Services
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Commission, Heritage Preservation Commission
5 Adjourn Special Meeting
Mayor Hendricks adjourned the meeting at 6:35 p.m.
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 Pat Meyering
Councilmember Jim Davis
Councilmember Larry Klein
SPECIAL ORDERS OF THE DAY
16-0471 SPECIAL ORDER OF THE DAY - October is National Arts and
Humanities Month
Mayor Hendricks presented a proclamation declaring October as National Arts and
Humanities Month to Superintendent of Community Services Daniel Wax and Arts
Commission Chair David Koppel.
16-0943 SPECIAL ORDER OF THE DAY - October 16 - 22 is Freedom
from Workplace Bullying Week
Mayor Hendricks presented a proclamation declaring October 16 – 22 as Freedom
from Workplace Bullying Week to Human Resources Manager Tony Giles.
PRESENTATION
16-0846 PRESENTATION - Update by County Office of Supportive
Housing on Improvements to County Facility at 999 Hamlin
Court for Cold Weather Shelter Program
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Bob Dolci, Housing and Homeless Concerns Coordinator, Santa Clara County
Office of Housing & Homeless Support Services, provided a report and PowerPoint
presentation regarding the Cold Weather Shelter Program and submitted written
materials. Housing Officer Suzanne Ise provided additional information.
ORAL COMMUNICATIONS
Mayor Hendricks announced an upcoming Town Halll meeting regarding air traffic
concerns.
John Simontacchi, Sunnyvale Employees Association, provided a report and
PowerPoint presentation and submitted written materials.
Maria Pan addressed the Council.
Michael Goldman spoke regarding letters in the recent issue of the Sunnyvale Sun.
Zachary Kaufman addressed the Council regarding the Draft Environmental Impact
Report for the Land Use and Transportation Element and displayed a slide.
Era Goel, Secretary, Sunnyvale Teen Advisory Committee (TAC), provided
information regarding upcoming events of the TAC.
CONSENT CALENDAR
Councilmember Meyering requested to pull Items 1.A, 1.B, 1.C, 1.D, 1.F, 1.H and
1.J and stated he would recuse himself from the vote on Item 1.L due to the
proximity of his home to the location.
MOTION: Vice Mayor Larsson moved and Councilmember Klein seconded the
motion to approve Consent Calendar Items 1.E, 1.G, 1.I, 1.K and 1.L.
The motion carried by the following vote:
Yes: 7 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Meyering
Councilmember Davis
Councilmember Klein
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No: 0
Mayor Hendricks announced the remaining Consent Calendar Items would be
handled following the Public Hearing/General Business items.
1.A 16-0646 Approve City Council Meeting Minutes of September 20, 2016
Public Hearing opened at 12:14 a.m.
No speakers.
Public Hearing closed at 12:14 a.m.
MOTION: Councilmember Meyering moved to deny approval of the minutes until a
summary of the positions expressed by dissenting voters is included.
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 September 20, 2016 as
submitted.
The motion carried by the following vote:
Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
Councilmember Klein
No: 1 - Councilmember Meyering
At 12:15 a.m., Councilmember Davis moved and Vice Mayor Larsson seconded the
motion to take up Item 1.B.
The motion carried by the following vote:
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Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
Councilmember Klein
No: 1 - Councilmember Meyering
1.B 16-0789 Approve the List(s) of Claims and Bills Approved for Payment
by the City Manager
Public Hearing opened at 12:15 a.m.
No speakers.
Public Hearing closed at 12:15 a.m.
MOTION: Councilmember Meyering moved to deny payment of the claims until
Councilmembers are provided bills upon request.
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: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
Councilmember Klein
No: 1 - Councilmember Meyering
Following action on Item 1.B, Council resumed with Councilmember Reports on
Activities from Intergovernmental Committee Assignments and a brief report from the
City Manager.
1.C 16-0862 Award of Contract for the Mary Avenue Overcrossing
Environmental Impact Report (F16-119) and Approval of
Budget Modification No. 14 to Appropriate $686,125 in Traffic
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Impact Fee Funding for the Project
Public Hearing opened at 9:52 p.m.
No speakers.
Public Hearing closed at 9:52 p.m.
MOTION: Councilmember Davis moved and Councilmember Klein seconded the
motion to approve 1) Award a contract, in substantially the same form as Attachment
1 to the report in an amount not to exceed $623,750 to Kimley Horn Associates, Inc.;
2) approve a 10% contract contingency in the amount of $62,375; and 3) Approve
Budget Modification No. 14 to appropriate $686,125 in Traffic Impact Fee Revenue
to provide project funding.
AMENDMENT: Councilmember Meyering moved to amend the motion to delete any
analysis about a four-lane Mary Avenue as far as automobile traffic goes.
The motion to amend died due to lack of a second.
The motion carried by the following vote:
Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
Councilmember Klein
No: 1 - Councilmember Meyering
Following action on Item 1.C, Council took up Item 1.F.
1.D 16-0831 Approve Budget Modification 10 to Appropriate $203,719 to
Reimburse Foothill-De Anza Community College District for
Demolition and Remediation Costs at the Onizuka City-Owned
Parcels
Public Hearing opened at 12:11 a.m.
No speakers.
Public Hearing closed at 12:11 a.m.
MOTION: Vice Mayor Larsson moved and Councilmember Davis seconded the
motion to approve Budget Modification 10 to Appropriate $203,719 to Reimburse
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Foothill De Anza Community College District for Demolition and Remediation Costs
at the Onizuka City Property.
The motion carried by the following vote:
Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
Councilmember Klein
No: 1 - Councilmember Meyering
At 12:13 a.m. following action on Item 1.D, Councilmember Davis moved and Vice
Mayor Larsson seconded the motion to take up Consent Calendar Item 1.A.
The motion carried by the following vote:
Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
Councilmember Klein
No: 1 - Councilmember Meyering
1.E 16-0616 Approve City Position on Proposed League of California Cities’
2016 Annual Conference Resolution
Approve a support position for the proposed Resolution #1, Vision Zero and
authorize the City's voting delegate/alternates to cast votes consistent with the City
Council's adopted position.
1.F 16-0869 Modify an Existing Contract for Services Associated with Land
Development Plan Review (F17-015)
Public Hearing opened at 9:57 p.m.
No speakers.
Public Hearing closed at 9:57 p.m.
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MOTION: Vice Mayor Larsson moved and Councilmember Davis seconded the
motion to approve Authorize the City Manager to execute an amendment to the
existing contract with Wilsey Ham adding $25,000 and increasing the not to exceed
amount from $99,000 to $124,000, in substantially the same form as Attachment 1 to
the report.
The motion carried by the following vote:
Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
Councilmember Klein
No: 1 - Councilmember Meyering
Following action on Item 1.F, Council took up Item 1.H.
1.G 16-0870 Endorse the Slate of Candidates for the League of California
Cities Peninsula Division Executive Committee 2016-17
Election of Officers
Endorse the slate of candidates for the Peninsula Division Executive committee for
2016-17:
President: Alicia Aguirre, Council Member, Redwood City
Vice President: Marilyn Librers, Council Member, Morgan Hill
Treasurer: Larry Moody, Council Member, East Palo Alto
Secretary: Charles Stone, Council Member, Belmont
Board Director (Two Year Term): Liz Kniss, Council Member, Palo Alto
San Mateo County: Shelly Masur, Council Member, Redwood City
Santa Clara County: Cory Wolbach, Council Member, Palo Alto
1.H 16-0887 Adopt Resolutions Approving Amendments to the City’s
Contribution for CalPERS Medical Insurance for Management,
SEA/Confidential and SEIU Employees and Annuitants
(Retirees)
Public Hearing opened at 10:02 p.m.
No speakers.
Public Hearing closed at 10:02 p.m.
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MOTION: Vice Mayor Larsson moved and Councilmember Davis seconded the
motion to adopt two resolutions: (1) fixing the employer's contribution under the
Public Employee's Medical and Hospital Care Act ("PEMHCA") for 2017, and (2)
amending Salary Resolution No. 190-05 to modify the City's contribution for medical
insurance for Management, SEA/Confidential and SEIU employees and annuitants.
The motion carried by the following vote:
Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
Councilmember Klein
No: 1 - Councilmember Meyering
Following action on Item 1.H, Council took up Item 1.J.
1.I 16-0933 Authorize the Issuance of a Purchase Order for a Three-year
Subscription for Microsoft Office O365 (F17-034)
1) Authorize the issuance of a three year purchase order, in substantially the same
form as Attachment 1 to the report in the amount of $683,100 to Softchoice
Corporation; and 2) Authorize the City Manager to renew the purchase order for two
(2) additional one year periods, not to exceed budgeted amounts.
1.J 16-0936 Adopt a Pledge of Revenues Resolution and a Resolution
Approving an Installment Sale Agreement in Support of the
State Revolving Fund Financing for the Sunnyvale Clean
Water Program
Public Hearing opened at 10:08 p.m.
No speakers.
Public Hearing closed at 10:08 p.m.
MOTION: Vice Mayor Larsson moved and Councilmember Davis seconded the
motion to adopt a Pledge of Revenues Resolution and a Resolution Approving an
Installment Sale Agreement and authorizing the City Manager, or her designee, to
execute the Agreement in support of the State revolving fund financing for the
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Sunnyvale Clean Water Program.
The motion carried by the following vote:
Yes: 7 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Meyering
Councilmember Davis
Councilmember Klein
No: 0
Following action on Item 1.J, Council resumed with Public Hearing/General
Business Item 3.
1.K 16-0853 Approve Budget Modification No. 13 to Appropriate $12,832 of
Federal Fiscal Year (FFY) 2016 Edward Byrne Memorial
Justice Assistance Grant (JAG) Program Grant Funds for Front
Line Law Enforcement Equipment
Approve Budget Modification No. 13 to appropriate FFY2016 Edward Byrne
Memorial Justice Assistance Grant (JAG) funds in the amount of $12,832 to a new
project, FFY2016 JAG Grant.
1.L 16-0948 Adopt Ordinance No. 3095-16 Adding Section 19.27.040
(Peery Park Specific Plan District) to Title 19 (Zoning) of the
Sunnyvale Municipal Code, Rezoning Encinal Park from
Industrial and Service (MS) to Public Facilities (PF), and
Making Related Changes to Other Sunnyvale Municipal Code
Provisions to Implement the Peery Park Specific Plan
MOTION: VIce Mayor Larsson moved and Councilmember Klein seconded the
motion to adopt Ordinance No. 3095-16.
The motion carried by the following vote:
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Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
Councilmember Klein
No: 0
Recused: 1 - Councilmember Meyering
PUBLIC HEARINGS/GENERAL BUSINESS
2 16-0910 Proposed Project: Introduction of Ordinance to REZONE 28
contiguous single family home lots from R-1 (Low Density
Residential) to R-1/S (Low Density Residential/Single-Story)
File #: 2016-7431
Location: 662-678 Vanderbilt Drive (Assessor Parcel Numbers
202-06-026 through 202-06-030), 1202-1204 Sesame Drive
(202-08-003 through 202-08-006), 1218-1234 Sesame Court
(202-08-001, 202-08-002 and 202-06-043 through
202-06-048) and 661-677 Winggate Drive (202-06-034
through 202-06-042)
Zoning: R-1
Applicant / Owner: Baerbel Schumacher (plus multiple owners)
Environmental Review: The Ordinance being considered is
categorically exempt from review pursuant to CEQA Guidelines
Section 15305 (minor alteration in land use) and Section
15061(b)(3) (the general rule that CEQA only applies to
projects that have the potential for causing a significant effect
on the environment. Where it can be seen with certainty that
there is no possibility that the action may have a significant
effect on the environment, the activity is not subject to CEQA).
Director of Community Development Trudi Ryan provided the staff report.
Mayor Hendricks stated he grew up in an Eichler, currently lives in an Eichler in a
single-story overlay and grew up in one of the homes in the proposal but he has no
financial interest and is able to vote on the item.
Councilmember Martin-Milius and Vice Mayor Larsson disclosed that they have
spoken with the applicant.
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Applicant Baerbel Schumacher provided information regarding the application on
behalf of the property owners.
Councilmember Klein disclosed he spoke with the applicant as a member of the
Planning Commission.
Public Hearing opened at 7:53 p.m.
Suzanne Shea spoke in support of a single-story combining district (SSCD).
Dr. Patrick Shea spoke in support of Items 2 and 3 on the agenda and expressed
support of single-story combining districts.
Michael Goldman spoke regarding the uniqueness of Eichler homes.
Monique Lombardelli spoke in support of the single-family overlay and provided
information regarding Eichler homes.
Joe Ragey spoke in support of Items 2 and 3 on the agenda.
Philippe Cailloux spoke in support of Items 2 and 3 on the agenda.
Ralph Grundler spoke in support of the single-story overlay.
Alik Eliashberg spoke in opposition to Items 2 and 3 on the agenda.
Lena Goubery spoke in opposition to the applications for single-story combining
districts.
Mike Serrone spoke in support of Items 2 and 3 on the agenda.
Gene Manheim provided information regarding single-story combining districts,
spoke in opposition to the application, and requested a moratorium on applications.
Julia Filippova spoke in opposition to the single-story combining district application
and requested all pending applications be placed on hold until a study of the
process is conducted.
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Sharon Akuka spoke in opposition to the single-story combining district application
and requested a study issue to study the impacts.
Nathan Gardner spoke in opposition to the single-story combining district
application and recommended a study issue to study the impacts.
Tara Maddala spoke in support of the single-story combining district application.
Walter Huber spoke in support of the single-story combining district applications in
Items 2 and 3 on the agenda.
Gabriela Zuniga spoke in support of the architectural value of mid-century modern
design and Eichler houses.
Bill Callahan spoke in support of single-story combining districts.
Mei-Ling Stefan spoke in support of the applications in Items 2 and 3 on the
agenda.
Paul Marshall spoke in support of single-story overlays.
Susan O’Neil spoke in support of single-story overlays.
Juergen Hoefler spoke in opposition to single-story overlays.
Matt Crossoul spoke in support of the single-story combining district.
Bertrand Chevalier spoke in support of the single-story combining district
application.
Eran Dor spoke in opposition to the single-story combining district in the Fairbrae
neighborhood.
Richard Levin spoke in support of the single-story overlay for the neighborhood.
Michelle Sullivan spoke in support of the single-story combining district.
Claudio Mandelli spoke in support of the single-story combining district.
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Public Hearing closed at 9:09 p.m.
Applicant Baerbel Schumacher provided closing remarks.
MOTION: Vice Mayor Larsson moved and Councilmember Klein seconded the
motion to approve Alternatives 1 and 2: 1) Find the project exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section
15305 and 15061(b)(3); and, 2) Find that the zoning amendment (rezoning) is
deemed to be in the public interest 9as set forth in Attachment 6 to the report and
Introduce an Ordinance to Rezone 28 contiguous single-family home lots from R 1
(Low Density Residential) to R 1/S (Low Density Residential/Single Story).
City Clerk Kathleen Franco Simmons read the ordinance title.
The motion carried by the following vote:
Yes: 7 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Meyering
Councilmember Davis
Councilmember Klein
No: 0
Council recessed at 9:36 p.m.
Council reconvened at 9:48 p.m. with all Councilmembers present.
Following the recess, Council took up time-sensitive Consent Calendar Items 1.C,
1.F, 1.H and 1.J. before resuming with Public Hearing/General Business Item 3.
3 16-0911 Proposed Project: Introduction of Ordinance to REZONE 37
contiguous single family home lots from R-1 (Low Density
Residential) to R-1/S (Low Density Residential/Single-Story)
File #: 2016-7523
Location: 576-598 West Remington Drive (APNs: 202-01-001
through 202-01-007), 575-595 Rockport Drive (APNs:
202-01-016 through 202-01-024), 585-595 Templeton Court
(APNs: 202-01-025 through 202-01-028 and 202-08-035),
1104-1132 Spinosa Drive (APNs: 202-01-029 through
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202-01-033, and 202-08-032 through 202-08-034), 1126-1138
Strawberry Court (APNs: 202-08-036 through 202-08-040),
1143-1153 Tangerine Way (APNs: 202-08-041 through
202-08-043)
Zoning: R-1
Applicant / Owner: Stephen Meier (plus multiple owners)
Environmental Review: The Ordinance being considered is
categorically exempt from review pursuant to CEQA Guidelines
Section 15305 (minor alteration in land use) and Section
15061(b)(3) (the general rule that CEQA only applies to
projects that have the potential for causing a significant effect
on the environment. Where it can be seen with certainty that
there is no possibility that the action may have a significant
effect on the environment, the activity is not subject to CEQA).
Director of Community Development Trudi Ryan provided the staff report.
Mayor Hendricks re-stated he grew up in an Eichler and currently lives in an Eichler
in a single-story overlay.
Applicant Stephen Meier provided information regarding the application and a
PowerPoint presentation.
Public Hearing opened at 10:20 p.m.
Robbie Schlosser spoke in support of the single-story overlay district for the
Fairbrae neighborhood.
Mary Schlosser spoke regarding the Planning Commission meeting at which the
issue was discussed.
Anne Spinosa spoke in support of the single-story combining district.
David Preklas spoke in support of the single-story overlay.
Eran Dor spoke in opposition to the single-story combining district for this
neighborhood.
Carrie Levin spoke in support of the single-story overlay.
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Alik Eliashberg spoke in opposition to the single-story overlay.
Lena Goubery spoke in opposition to the single-story combining district.
Richard Levin provided information regarding his remodel.
Peter Anning spoke in support of the single-story combining district.
Matt Cossoul stated the two applications are procedural but the neighborhood is
one and it would not make sense to approve one and not the other.
Bertrand Chevalier spoke in support of the single-story combining district.
Michelle Sullivan spoke in support of the single-story combining district for this
neighborhood.
Claudio Mandelli spoke in support of the single-story combining district.
Martyn Griffiths spoke regarding alternative designs and materials for Eichlers.
Public Hearing closed at 10:56 p.m.
Applicant Stephen Meier provided closing remarks.
MOTION: Councilmember Griffith moved and Councilmember Davis seconded the
motion to approve Alternatives 1 and 2: 1) Find the project exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections
15305 and 15061(b)(3) and, 2) that the zoning amendment (rezoning) is deemed to
be in the public interest (as set forth in Attachment 6 to the report) and Introduce an
Ordinance to Rezone 37 contiguous single family home lots from R-1 (Low Density
Residential) to R-1/S (Low Density Residential/Single Story).
City Clerk Kathleen Franco Simmons read the ordinance title.
The motion carried by the following vote:
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Yes: 7 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Meyering
Councilmember Davis
Councilmember Klein
No: 0
4 16-0615 Adopt Positions on State and Local Ballot Measures for the
November 8, 2016 Election
Senior Management Analyst Yvette Blackford provided the staff report. City
Manager Deanna Santana, City Attorney John Nagel and Chief of Public Safety
Frank Grgurina provided additional information.
Public Hearing opened at 11:21 p.m.
Michael Goldman spoke in opposition to taking positions on local measures.
Peter Cirigliano spoke in opposition to and recommended taking a No position on
Measure M.
Steve Scandalis presented slides regarding terms used in Initiative Measure M and
provided written materials.
Public Hearing closed at 11:30 p.m.
MOTION: Councilmember Griffith moved and Councilmember Martin-Milius
seconded the motion to adopt the following positions on State Ballot Measures:
* OPPOSE Proposition 53 Revenue Bonds. Statewide Voter Approval.
* TAKE NO POSITION Proposition 63 Safety for All Act of 2016.
* OPPOSE Proposition 64 Marijuana Legalization.
* OPPOSE Proposition 65 Carryout Bags. Charges.
* SUPPORT Proposition 67 Ban on Single Use Plastic Bags.
FRIENDLY AMENDMENT: Vice Mayor Larsson offered a friendly amendment to
take no position on Proposition 64.
Councilmember Griffith pulled the proposed position on Proposition 64 and stated
the modified motion is to:
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* OPPOSE Proposition 53 Revenue Bonds. Statewide Voter Approval.
* TAKE NO POSITION Proposition 63 Safety for All Act of 2016.
* OPPOSE Proposition 65 Carryout Bags. Charges.
* SUPPORT Proposition 67 Ban on Single Use Plastic Bags.
FRIENDLY AMENDMENT: Mayor Hendricks offered a friendly amendment to
include that this is a recommendation from the City’s position and that voters should
do their own due diligence and look up information on the pros and cons for each
item on their own.
Councilmember Griffith accepted the friendly amendment.
The motion as amended carried by the following vote:
Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
Councilmember Klein
No: 0
Abstain: 1 - Councilmember Meyering
MOTION: Councilmember Griffith moved and Councilmember Klein seconded the
motion to adopt the following positions on Local Ballot Measures:
* SUPPORT Measure A, Santa Clara County Housing Bond.
* SUPPORT Measure B, Valley Transportation Authority Tax.
* SUPPORT Measure N, Utility Users Tax.
Mayor Hendricks stated his vote will include an abstention on Measure A.
The motion to SUPPORT Measure A, Santa Clara County Housing Bond carried by
the following vote:
Yes: 5 - Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
Councilmember Klein
No: 0
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Abstain: 2 - Mayor Hendricks
Councilmember Meyering
The motion to SUPPORT Measure B, Valley Transportation Authority Tax and to
SUPPORT Measure N, Utility Users Tax carried by the following vote:
Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
Councilmember Klein
No: 0
Abstain: 1 - Councilmember Meyering
MOTION: Councilmember Griffith moved and Councilmember Davis seconded the
motion to take a position to:
* OPPOSE Measure M Public Lands for Public Use Act
The motion carried by the following vote:
Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
Councilmember Klein
No: 1 - Councilmember Meyering
MOTION: Councilmember Griffith moved and Councilmember Klein seconded the
motion to take a position to:
* SUPPORT Proposition 54 Legislature. Legislation and Proceedings
The motion carried by the following vote:
Yes: 5 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Klein
No: 2 - Councilmember Meyering
Councilmember Davis
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MOTION: Councilmember Griffith moved and Councilmember Martin-Milius
seconded the motion to take a position to:
* SUPPORT Proposition 59 Corporations. Political Spending. Federal Constitutional
Protections
The motion carried by the following vote:
Yes: 3 - Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
No: 1 - Mayor Hendricks
Abstain: 3 - Councilmember Meyering
Councilmember Davis
Councilmember Klein
MOTION: Councilmember Davis moved and Councilmember Griffith seconded the
motion to take a position to:
* OPPOSE Proposition 64 Marijuana Legalization.
The motion carried by the following vote:
Yes: 3 - Mayor Hendricks
Councilmember Griffith
Councilmember Davis
No: 0
Abstain: 4 - Vice Mayor Larsson
Councilmember Martin-Milius
Councilmember Meyering
Councilmember Klein
MOTION: Councilmember Martin-Milius moved and Councilmember Klein seconded
the motion to take a position to:
* SUPPORT Proposition 62 Repeal the Death Penalty
The motion carried by the following vote:
Yes: 4 - Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Klein
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No: 2 - Mayor Hendricks
Councilmember Davis
Abstain: 1 - Councilmember Meyering
MOTION: Vice Mayor Larsson moved and Councilmember Griffith seconded the
motion to take a position to:
* SUPPORT Measure BB Sunnyvale School District Parcel Tax
The motion carried by the following vote:
Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
Councilmember Klein
No: 0
Abstain: 1 - Councilmember Meyering
MOTION: Vice Mayor Larsson moved and Councilmember Griffith seconded the
motion to approve Alternative 4: Affirm that, as required by State law, no public
funds have been or will be used to campaign for or against any of these measures.
MOTION TO TABLE: Councilmember Meyering moved to table the matter until the
City Manager or City Attorney review the mailer and handout that has been
distributed that depicts operating equipment of the City of Sunnyvale.
The motion to table failed due to lack of a second.
The motion carried by the following vote:
Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
Councilmember Klein
No: 1 - Councilmember Meyering
At 12:10 a.m. following conclusion of action on Item 4, due to the lateness of the
City of Sunnyvale Page 21
City Council Meeting Minutes - Final October 4, 2016
hour, Council considered whether to take up remaining Consent Calendar items.
MOTION: Councilmember Griffith moved and Councilmember Davis seconded the
motion to take up Consent Calendar Item 1.D.
The motion carried by the following vote:
Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
Councilmember Klein
No: 1 - Councilmember Meyering
COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
None.
NON-AGENDA ITEMS & COMMENTS
-Council
None.
-City Manager
City Manager Santana provided a brief update regarding the previous request to
bring back the discussion related to marijuana research and development.
INFORMATION ONLY REPORTS/ITEMS
16-0826 Tentative Council Meeting Agenda Calendar
16-0834 Information/Action Items
16-0937 Study Session Summary of September 13, 2016 - El Camino
Real Corridor Plan Presentation of Vision and Land Use
Alternatives
ADJOURNMENT
Mayor Hendricks adjourned the meeting at 12:16 a.m.
City of Sunnyvale Page 22
Agenda
City of Sunnyvale
Notice and Agenda
City Council
Tuesday, October 4, 2016 5:30 PM Council Chambers and West Conference Room,
City Hall, 456 W. Olive Ave., Sunnyvale, CA
94086
Special Meeting-Study Session-5:30 PM | Regular Meeting-7 PM
5:30 P.M. SPECIAL COUNCIL MEETING (Study Session)
1 Call to Order in the West Conference Room (Open to the Public)
2 Roll Call
3 Public Comment
4 Study Session
16-0192 Board and Commission Interviews
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
SPECIAL ORDERS OF THE DAY
16-0471 SPECIAL ORDER OF THE DAY - October is National Arts
and Humanities Month
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City Council Notice and Agenda October 4, 2016
16-0943 SPECIAL ORDER OF THE DAY - October 16 - 22 is Freedom
from Workplace Bullying Week
PRESENTATION
16-0846 PRESENTATION - Update by County Office of Supportive
Housing on Improvements to County Facility at 999 Hamlin
Court for Cold Weather Shelter Program
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 16-0646 Approve City Council Meeting Minutes of September 20, 2016
Recommendation: Approve the City Council Meeting Minutes of September 20,
2016 as submitted.
1.B 16-0789 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.C 16-0862 Award of Contract for the Mary Avenue Overcrossing
Environmental Impact Report (F16-119) and Approval of
Budget Modification No. 14 to Appropriate $686,125 in Traffic
Impact Fee Funding for the Project
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City Council Notice and Agenda October 4, 2016
Recommendation: 1) Award a contract, in substantially the same form as
Attachment 1 to the report in an amount not-to-exceed
$623,750 to Kimley-Horn Associates, Inc.; 2) approve a 10%
contract contingency in the amount of $62,375; and 3)
Approve Budget Modification No. 14 to appropriate $686,125
in Traffic Impact Fee Revenue to provide project funding.
1.D 16-0831 Approve Budget Modification 10 to Appropriate $203,719 to
Reimburse Foothill-De Anza Community College District for
Demolition and Remediation Costs at the Onizuka
City-Owned Parcels
Recommendation: Approve Budget Modification 10 to Appropriate $203,719 to
Reimburse Foothill-De Anza Community College District for
Demolition and Remediation Costs at the Onizuka City
Property.
1.E 16-0616 Approve City Position on Proposed League of California
Cities’ 2016 Annual Conference Resolution
Recommendation: Approve a support position for the proposed Resolution #1,
Vision Zero and authorize the City's voting delegate/alternates
to cast votes consistent with the City Council's adopted
position.
1.F 16-0869 Modify an Existing Contract for Services Associated with Land
Development Plan Review (F17-015)
Recommendation: Authorize the City Manager to execute an amendment to the
existing contract with Wilsey Ham adding $25,000 and
increasing the not-to-exceed amount from $99,000 to
$124,000, in substantially the same form as Attachment 1 to
the report.
1.G 16-0870 Endorse the Slate of Candidates for the League of California
Cities Peninsula Division Executive Committee 2016-17
Election of Officers
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City Council Notice and Agenda October 4, 2016
Recommendation: Endorse the slate of candidates for the Peninsula Division
Executive committee for 2016-17:
President: Alicia Aguirre, Council Member, Redwood City
Vice President: Marilyn Librers, Council Member, Morgan Hill
Treasurer: Larry Moody, Council Member, East Palo Alto
Secretary: Charles Stone, Council Member, Belmont
Board Director (Two Year Term): Liz Kniss, Council Member,
Palo Alto
San Mateo County: Shelly Masur, Council Member, Redwood
City
Santa Clara County: Cory Wolbach, Council Member, Palo
Alto
1.H 16-0887 Adopt Resolutions Approving Amendments to the City’s
Contribution for CalPERS Medical Insurance for Management,
SEA/Confidential and SEIU Employees and Annuitants
(Retirees)
Recommendation: Adopt two resolutions: (1) fixing the employer's contribution
under the Public Employee's Medical and Hospital Care Act
("PEMHCA") for 2017, and (2) amending Salary Resolution
No. 190-05 to modify the City's contribution for medical
insurance for Management, SEA/Confidential and SEIU
employees and annuitants.
1.I 16-0933 Authorize the Issuance of a Purchase Order for a Three-year
Subscription for Microsoft Office O365 (F17-034)
Recommendation: 1) Authorize the issuance of a three-year purchase order, in
substantially the same form as Attachment 1 to the report in
the amount of $683,100 to Softchoice Corporation; and 2)
Authorize the City Manager to renew the purchase order for
two (2) additional one-year periods, not-to-exceed budgeted
amounts.
1.J 16-0936 Adopt a Pledge of Revenues Resolution and a Resolution
Approving an Installment Sale Agreement in Support of the
State Revolving Fund Financing for the Sunnyvale Clean
Water Program
Recommendation: Adopt a Pledge of Revenues Resolution and a Resolution
Approving an Installment Sale Agreement and authorizing the
City Manager, or her designee, to execute the Agreement in
support of the State revolving fund financing for the Sunnyvale
Clean Water Program.
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City Council Notice and Agenda October 4, 2016
1.K 16-0853 Approve Budget Modification No. 13 to Appropriate $12,832 of
Federal Fiscal Year (FFY) 2016 Edward Byrne Memorial
Justice Assistance Grant (JAG) Program Grant Funds for
Front Line Law Enforcement Equipment
Recommendation: Approve Budget Modification No. 13 to appropriate FFY2016
Edward Byrne Memorial Justice Assistance Grant (JAG) funds
in the amount of $12,832 to a new project, FFY2016 JAG
Grant.
1.L 16-0948 Adopt Ordinance No. 3095-16 Adding Section 19.27.040
(Peery Park Specific Plan District) to Title 19 (Zoning) of the
Sunnyvale Municipal Code, Rezoning Encinal Park from
Industrial and Service (MS) to Public Facilities (PF), and
Making Related Changes to Other Sunnyvale Municipal Code
Provisions to Implement the Peery Park Specific Plan
Recommendation: Adopt Ordinance No. 3095-16.
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 16-0910 Proposed Project: Introduction of Ordinance to REZONE 28
contiguous single family home lots from R-1 (Low Density
Residential) to R-1/S (Low Density Residential/Single-Story)
File #: 2016-7431
Location: 662-678 Vanderbilt Drive (Assessor Parcel Numbers
202-06-026 through 202-06-030), 1202-1204 Sesame Drive
(202-08-003 through 202-08-006), 1218-1234 Sesame Court
(202-08-001, 202-08-002 and 202-06-043 through
202-06-048) and 661-677 Winggate Drive (202-06-034
through 202-06-042)
Zoning: R-1
Applicant / Owner: Baerbel Schumacher (plus multiple
owners)
Environmental Review: The Ordinance being considered is
categorically exempt from review pursuant to CEQA
Guidelines Section 15305 (minor alteration in land use) and
Section 15061(b)(3) (the general rule that CEQA only applies
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City Council Notice and Agenda October 4, 2016
to projects that have the potential for causing a significant
effect on the environment. Where it can be seen with certainty
that there is no possibility that the action may have a
significant effect on the environment, the activity is not subject
to CEQA).
Recommendation: Alternatives 1 and 2: 1) Find the project exempt from the
California Environmental Quality Act (CEQA) pursuant to
CEQA Guidelines Section 15305 and 15061(b)(3) ; and, 2)
Find that the zoning amendment (rezoning) is deemed to be in
the public interest 9as set forth in Attachment 6 to the report
and Introduce an Ordinance to Rezone 28 contiguous single
family home lots from R-1 (Low Density Residential) to R-1/S
(Low Density Residential/Single-Story).
3 16-0911 Proposed Project: Introduction of Ordinance to REZONE 37
contiguous single family home lots from R-1 (Low Density
Residential) to R-1/S (Low Density Residential/Single-Story)
File #: 2016-7523
Location: 576-598 West Remington Drive (APNs: 202-01-001
through 202-01-007), 575-595 Rockport Drive (APNs:
202-01-016 through 202-01-024), 585-595 Templeton Court
(APNs: 202-01-025 through 202-01-028 and 202-08-035),
1104-1132 Spinosa Drive (APNs: 202-01-029 through
202-01-033, and 202-08-032 through 202-08-034), 1126-1138
Strawberry Court (APNs: 202-08-036 through 202-08-040),
1143-1153 Tangerine Way (APNs: 202-08-041 through
202-08-043)
Zoning: R-1
Applicant / Owner: Stephen Meier (plus multiple owners)
Environmental Review: The Ordinance being considered is
categorically exempt from review pursuant to CEQA
Guidelines Section 15305 (minor alteration in land use) and
Section 15061(b)(3) (the general rule that CEQA only applies
to projects that have the potential for causing a significant
effect on the environment. Where it can be seen with certainty
that there is no possibility that the action may have a
significant effect on the environment, the activity is not subject
to CEQA).
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City Council Notice and Agenda October 4, 2016
Recommendation: Alternatives 1 and 2: 1) Find the project exempt from the
California Environmental Quality Act (CEQA) pursuant to
CEQA Guidelines Sections 15305 and 15061(b)(3) and, 2)
that the zoning amendment (rezoning) is deemed to be in the
public interest (as set forth in Attachment 6 to the report) and
Introduce an Ordinance to Rezone 37 contiguous single family
home lots from R-1 (Low Density Residential) to R-1/S (Low
Density Residential/Single-Story).
4 16-0615 Adopt Positions on State and Local Ballot Measures for the
November 8, 2016 Election
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City Council Notice and Agenda October 4, 2016
Recommendation: Alternatives 1, 2, 3 and 4:
1. Adopt the following staff-recommended positions on the
ballot measures deemed City business, including one item
where staff recommends that Council remain neutral (take no
position):
State Ballot Measures
* OPPOSE Proposition 53 Revenue Bonds. Statewide Voter
Approval.
* TAKE NO POSITION Proposition 63 Safety for All Act of
2016.
* OPPOSE Proposition 64 Marijuana Legalization.
* OPPOSE Proposition 65 Carryout Bags. Charges.
* SUPPORT Proposition 67 Ban on Single-Use Plastic Bags.
Local Ballot Measures
* SUPPORT Measure A, Santa Clara County Housing Bond.
* SUPPORT Measure B, Valley Transportation Authority Tax.
* SUPPORT Measure N, Utility Users Tax.
2. Consider taking a position on a ballot measure deemed
City business, where staff is not recommending a specific
position:
Local Ballot Measures
* Measure M Public Lands for Public Use Act
3. Consider taking positions on remaining ballot measures
which are deemed not City business:
State Ballot Measures
* Proposition 51 School Bonds. Funding For K-12 School and
Community College Facilities
* Proposition 52 Medi-Cal Hospital Fee Program
* Proposition 54 Legislature. Legislation and Proceedings
* Proposition 55 Tax Extension to Fund Education and
Healthcare
* Proposition 56 Cigarette Tax to Fund Healthcare, Tobacco
Use Prevention, Research, and Law Enforcement
* Proposition 57 Criminal Sentences. Parole. Juvenile
Criminal Proceedings And Sentencing
* Proposition 58 English Proficiency. Multilingual Education
* Proposition 59 Corporations. Political Spending. Federal
Constitutional Protections
* Proposition 60 Adult Films. Condoms. Health Requirements
* Proposition 61 State Prescription Drug Purchases. Pricing
Standards
* Proposition 62 Death Penalty
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City Council Notice and Agenda October 4, 2016
* Proposition 66 Death Penalty. Procedures
Local Ballot Measures
* Measure BB Sunnyvale School District Parcel Tax
4. Affirm that, as required by State law, no public funds have
been or will be used to campaign for or against any of these
measures.
COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
NON-AGENDA ITEMS & COMMENTS
-Council
-City Manager
INFORMATION ONLY REPORTS/ITEMS
16-0826 Tentative Council Meeting Agenda Calendar
16-0834 Information/Action Items
16-0937 Study Session Summary of September 13, 2016 - El Camino
Real Corridor Plan Presentation of Vision and Land Use
Alternatives
ADJOURNMENT
NOTICE TO THE PUBLIC
The agenda reports to council (RTCs) may be viewed on the City’s website at
sunnyvale.ca.gov after 7 p.m. on Thursdays or at the 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
City of Sunnyvale Page 9 Printed on 9/29/2016
City Council Notice and Agenda October 4, 2016
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.
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
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commission meeting information.
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KSUN.insunnyvale.com.
City of Sunnyvale Page 10 Printed on 9/29/2016
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