City Council
Regular MeetingSunnyvale, CA · November 29, 2016
Minutes
City of Sunnyvale
Meeting Minutes - Final
City Council
Tuesday, November 29, 2016 5:00 PM West Conference Room and Council
Chambers, City Hall, 456 W. Olive Ave.,
Sunnyvale, CA 94086
Special Meetings: Closed Session-5 PM | Special Meeting-6 PM
5 P.M. SPECIAL COUNCIL MEETING (Closed Session)
1 Call to Order in the West Conference Room
Vice Mayor Larsson announced the items for Closed Session and invited any
members of the public to provide public comments before convening to Closed
Session.
Vice Mayor Larsson called the meeting to order at 5 p.m.
2 Roll Call
Present: 6 - Mayor Glenn Hendricks
Vice Mayor Gustav Larsson
Councilmember Jim Griffith
Councilmember Tara Martin-Milius
Councilmember Jim Davis
Councilmember Larry Klein
Absent: 1 - Councilmember Pat Meyering
3 Public Comment
None.
4 Convene to Closed Session
16-1076 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 Managers Association
(PSMA)
Employee organization: Sunnyvale Employee Association
(SEA)
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City Council Meeting Minutes - Final November 29, 2016
5 Adjourn Special Meeting
Vice Mayor Larsson adjourned the meeting at 5:25 p.m.
6 P.M. SPECIAL 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: 6 - Mayor Glenn Hendricks
Vice Mayor Gustav Larsson
Councilmember Jim Griffith
Councilmember Tara Martin-Milius
Councilmember Jim Davis
Councilmember Larry Klein
Absent: 1 - Councilmember Pat Meyering
Mayor Hendricks stated Councilmember Meyering's absence is excused.
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;
Employee organizations: Public Safety Managers Association (PSMA) and
Sunnyvale Employee Association (SEA); nothing to report.
ORAL COMMUNICATIONS
Paul Besser spoke regarding airplane noise in Sunnyvale.
Ruz Malakuti spoke regarding increased airplane noise in Sunnyvale.
Zachary Kaufman spoke regarding the title of the November 28 Planning
Commission item relating to Butcher’s Corner.
Tony Guan spoke regarding airplane noise, provided a PowerPoint presentation
and submitted written materials.
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City Council Meeting Minutes - Final November 29, 2016
Lan Xu spoke regarding airplane noise, provided a PowerPoint presentation and
submitted written materials.
Jing Liu spoke regarding airplane noise.
Carol Gao spoke regarding airplane noise.
Councilmember Griffith announced on behalf of the Santa Clara County National
Heritage Area Project a proposal to designate Santa Clara County as a National
Heritage Area and upcoming community outreach meetings.
CONSENT CALENDAR
MOTION: Vice Mayor Larsson moved and Councilmember Klein seconded the
motion to approve the Consent Calendar.
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
Absent: 1 - Councilmember Meyering
1.A 16-1056 Authorization to Amend an Existing Contract for Banking
Services (F17-055)
1) Authorize the City Manager to execute an amendment to the existing contract
with Union Bank, extending the contract by two years, from January 1, 2017
through December 31, 2018; and 2) authorize the City Manager to renew the
contract for up to two (2) additional years.
1.B 16-1057 Modify an Existing Temporary Staffing Services Contract for
the Purchasing Division of the Department of Finance
(F17-056)
Authorize the City Manager to 1) execute an amendment to an existing contract
with CSG Consultants, Inc., increasing the not-to-exceed value from $90,000 to
$150,000 and extending the term of the agreement through June 30, 2017, and 2)
increase the contract amount if necessary, not to exceed the department’s
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City Council Meeting Minutes - Final November 29, 2016
available budget.
1.C 16-1070 Adopt a Resolution Authorizing the City Manager to Execute a
Loan Guaranty in an Amount Not to Exceed $1,020,000 with
River City Bank and to Execute Other Necessary Documents
Adopt a Resolution Authorizing the City Manager to Execute a Loan Guaranty in an
Amount Not to Exceed $1,020,000 with River City Bank and to Execute Other
Necessary Documents including a Memorandum of Understanding with the Silicon
Valley Clean Energy Authority (SVCEA) and an Agreement to Subordinate the
Initial Contribution made to the SVCEA.
PUBLIC HEARINGS/GENERAL BUSINESS
2 16-1015 Authorize the City Manager to Negotiate Agreements for
Subsequent Council Approval with the City of Milpitas and
Other Jurisdictions Regarding SMaRT Station Processing of
Recyclables, Yard Trimmings and Municipal Solid Waste
Director of Environmental Services John Stufflebean provided the staff report.
Public Hearing opened at 6:49 p.m.
No speakers.
Public Hearing closed at 6:49 p.m.
MOTION: Councilmember Griffith moved and Councilmember Martin-Milius
seconded the motion to approve Alternatives 1 and 2: 1) Authorize the City
Manager to negotiate and bring back to Council for approval an agreement with
City of Milpitas for the SMaRT Station to process, transfer and market or dispose
recyclables, yard trimmings and municipal solid waste, following completion of
required environmental review under the California Environmental Quality Act
(CEQA); 2) Authorize the City Manager to discuss SMaRT Station options with
other jurisdictions such as City of Cupertino and, if appropriate, negotiate and
present to Council for approval an agreement to direct materials to the SMaRT
Station, subject to completion of any required environmental review under CEQA.
The motion carried by the following vote:
Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Martin-Milius
Councilmember Davis
Councilmember Klein
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City Council Meeting Minutes - Final November 29, 2016
No: 0
Absent: 1 - Councilmember Meyering
3 16-1084 Discussion and Possible Action on Recreational and Medical
Marijuana Issues and Next Steps for City Regulation of
Marijuana
Public Safety Captain Carl Rushmeyer provided the staff report and responded to
Council questions. City Manager Deanna Santana and Director of Public Safety
Frank Grgurina provided additional information and responded to Council
questions.
Public Hearing opened at 7:37 p.m.
Daniel Bremond requested the issue be placed as an agenda item for review by all
City boards and commissions, and presented two overhead slides regarding the
dangers of marijuana use.
George Bell spoke in opposition to marijuana sales in Sunnyvale and provided
written materials.
Paul Besser expressed concerns regarding a complete ban on outdoor growing,
forcing grows indoors and officer safety.
Public Hearing closed at 7:43 p.m.
Council comments and concerns included: consideration of investigation of outdoor
grows in addition to indoor grows, regulation of edible marijuana, the importance of
maintaining local control, officer safety, safety of youth and the public, interest for
staff to come back to Council in the first half of 2017, a suggestion to start with a
basic prohibition of marijuana sales in Sunnyvale, concerns regarding the potential
for unintended use of edible marijuana by children, data regarding accidents
related to marijuana use, environmental impacts of using electrical growing
systems, support of the intent to prohibit storefront cash only businesses, public
safety relating to delivery vehicles, and concurrance with asking some boards and
commissions review the issue, specifically the Board of Library Trustees, Housing
and Human Services Commission and Parks and Recreation Commission.
City Manager Santana stated she hoped the Council was in agreement with the
matrix presented regarding bringing back ordinance language in the first quarter of
2017 and stated the matrix would be provided to Council as an information memo
for the December 6 Council packet.
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City Council Meeting Minutes - Final November 29, 2016
ORAL COMMUNICATIONS (CONTINUED)
Alice Zhang spoke regarding airplane noise and requested the issue be put on a
priority list and requested the Council use the many volunteers who are working on
the issue to assist.
Susan Gilbert spoke regarding the noise blight of airplane noise and requested the
Council direct the City Attorney to request a postponement of the Surf Air trial
period, request from San Jose Airport noise monitoring equipment to be installed in
Sunnyvale, request flight data from San Jose Airport in particular on October 30,
initiate direct communication with the FAA, and present regular updates to the
public.
Mike Michitaka spoke regarding increased airplane noise in Sunnyvale.
Chao-Yang Lu spoke regarding airplane noise and resumed the PowerPoint
presentation by earlier speaker Tony Guan.
INFORMATION ONLY ITEMS
City Manager Deanna reported that the TCMAC to be published this week will
include a Council meeting to be held on January 31, 2017.
16-0929 Tentative Council Meeting Agenda Calendar
16-1098 Information/Action Items
ADJOURNMENT
Mayor Hendricks adjourned the meeting at 8:09 p.m.
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Agenda
City of Sunnyvale
Notice and Agenda
City Council
Tuesday, November 29, 2016 5:00 PM West Conference Room and Council Chambers,
City Hall, 456 W. Olive Ave., Sunnyvale, CA
94086
Special Meetings: Closed Session-5 PM | Special Meeting-6 PM
5 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
16-1076 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 Managers Association
(PSMA)
Employee organization: Sunnyvale Employee Association
(SEA)
5 Adjourn Special Meeting
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City Council Notice and Agenda November 29, 2016
6 P.M. SPECIAL 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
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.
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City Council Notice and Agenda November 29, 2016
1.A 16-1056 Authorization to Amend an Existing Contract for Banking
Services (F17-055)
Recommendation: 1) Authorize the City Manager to execute an amendment to the
existing contract with Union Bank, extending the contract by
two years, from January 1, 2017 through December 31, 2018;
and 2) authorize the City Manager to renew the contract for up
to two (2) additional years.
1.B 16-1057 Modify an Existing Temporary Staffing Services Contract for
the Purchasing Division of the Department of Finance
(F17-056)
Recommendation: Authorize the City Manager to 1) execute an amendment to an
existing contract with CSG Consultants, Inc., increasing the
not-to-exceed value from $90,000 to $150,000 and extending
the term of the agreement through June 30, 2017, and 2)
increase the contract amount if necessary, not to exceed the
department's available budget.
1.C 16-1070 Adopt a Resolution Authorizing the City Manager to Execute a
Loan Guaranty in an Amount Not to Exceed $1,020,000 with
River City Bank and to Execute Other Necessary Documents
Recommendation: Adopt a Resolution Authorizing the City Manager to Execute a
Loan Guaranty in an Amount Not to Exceed $1,020,000 with
River City Bank and to Execute Other Necessary Documents
including a Memorandum of Understanding with the Silicon
Valley Clean Energy Authority (SVCEA) and an Agreement to
Subordinate the Initial Contribution made to the SVCEA.
PUBLIC HEARINGS/GENERAL BUSINESS
If you wish to speak to a public hearings/general business item, please fill out a
speaker card and give it to the City Clerk. You will be recognized at the time the
item is being considered by Council. Each speaker is limited to a maximum of
three minutes. For land-use items, applicants are limited to a maximum of 10
minutes for opening comments and 5 minutes for closing comments.
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City Council Notice and Agenda November 29, 2016
2 16-1015 Authorize the City Manager to Negotiate Agreements for
Subsequent Council Approval with the City of Milpitas and
Other Jurisdictions Regarding SMaRT Station Processing of
Recyclables, Yard Trimmings and Municipal Solid Waste
Recommendation: Alternatives 1 and 2: 1) Authorize the City Manager to
negotiate and bring back to Council for approval an agreement
with City of Milpitas for the SMaRT Station to process, transfer
and market or dispose recyclables, yard trimmings and
municipal solid waste, following completion of required
environmental review under the California Environmental
Quality Act (CEQA); 2) Authorize the City Manager to discuss
SMaRT Station options with other jurisdictions such as City of
Cupertino and, if appropriate, negotiate and present to Council
for approval an agreement to direct materials to the SMaRT
Station, subject to completion of any required environmental
review under CEQA.
3 16-1084 Discussion and Possible Action on Recreational and Medical
Marijuana Issues and Next Steps for City Regulation of
Marijuana
INFORMATION ONLY ITEMS
16-0929 Tentative Council Meeting Agenda Calendar
16-1098 Information/Action Items
ADJOURNMENT
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City Council Notice and Agenda November 29, 2016
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 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.
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