City Council
Regular MeetingSunnyvale, CA · April 11, 2017
Minutes
City of Sunnyvale
Meeting Minutes - Final
City Council
Tuesday, April 11, 2017 4:30 PM West Conference Room and Council
Chambers, City Hall, 456 W. Olive Ave.,
Sunnyvale, CA 94086
Special Meetings: Closed Session- 4:30 PM | Joint Meeting of the City Council and
Redevelopment Successor Agency- 6:45 PM | Regular Meeting- 7 PM
4:30 P.M. SPECIAL COUNCIL MEETING (Closed Session)
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.
1 Call to Order in the West Conference Room
Vice Mayor Larsson called the meeting to order at 4:31 p.m.
2 Roll Call
Present: 6 - Mayor Glenn Hendricks
Vice Mayor Gustav Larsson
Councilmember Jim Griffith
Councilmember Larry Klein
Councilmember Russ Melton
Councilmember Michael S. Goldman
Absent: 1 - Councilmember Nancy Smith
Vice Mayor Larsson stated Councilmember Smith's absence is excused.
3 Public Comment
Martin Schmidt, Sunnyvale Employees Association, provided comments and written
materials.
4 Convene to Closed Session
17-0407 Closed Session held pursuant to California Government Code
Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Deanna Santana, City
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Manager; Teri Silva, Director of Human Resources
Employee organization: Sunnyvale Employee Association
(SEA)
17-0231 Closed Session held pursuant to California Government Code
Section 54956.9: CONFERENCE WITH LEGAL COUNSEL-
ANTICIPATED LITIGATION
(Initiation of litigation pursuant to Government Code Sections
54956.9(c),(d)(4): One case)
5 Adjourn Special Meeting
Vice Mayor Larsson adjourned the meeting at 6:13 p.m.
6:45 P.M. SPECIAL COUNCIL MEETING (Joint Meeting of the City Council and
Redevelopment Successor Agency)
1 Call to Order in the Council Chambers (Open to the Public)
Mayor / Board Chair Hendricks called the meeting to order.
2 Roll Call
Present: 6 - Mayor / Board Chair Glenn Hendricks
Vice Mayor / Board Vice Chair Gustav Larsson
Councilmember / Board Member Jim Griffith
Councilmember / Board Member Larry Klein
Councilmember / Board Member Russ Melton
Councilmember / Board Member Michael S. Goldman
Absent: 1 - Councilmember / Board Member Nancy Smith
Mayor / Board Chair Hendricks stated Councilmember / Board Member Nancy
Smith's absence is excused.
3 Public Comment
No speakers.
4 Consent Calendar
MOTION: Vice Mayor / Board Vice Chair Larsson moved and Councilmember /
Board Member Klein seconded the motion to approve the Consent Calendar.
The motion carried by the following vote:
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Yes: 6 - Mayor / Board Chair Hendricks
Vice Mayor / Board Vice Chair Larsson
Councilmember / Board Member Griffith
Councilmember / Board Member Klein
Councilmember / Board Member Melton
Councilmember / Board Member Goldman
No: 0
Absent: 1 - Councilmember / Board Member Smith
A 17-0382 Approve Joint City Council and Redevelopment Successor
Agency Meeting Minutes of October 25, 2016
Redevelopment Successor Agency:
Approve Joint City Council and Redevelopment Successor Agency Meeting
Minutes of October 25, 2016 as submitted.
Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Klein
Councilmember Melton
Councilmember Goldman
No: 0
Absent: 1 - Councilmember Smith
B 17-0366 Approve the Third Amendment to Outside Counsel Agreement
with Goldfarb Lipman 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 Third 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 increase the not-to-exceed amount by $20,000,
for a new not-to-exceed contract amount of $220,000.
Redevelopment Successor Agency:
Authorize the Agency Counsel to execute a Third Amendment, in substantially the
same form as Attachment 1 to the report, to the Outside Counsel Agreement with
the law firm of Goldfarb Lipman to increase the not-to-exceed amount by $20,000,
for a new not-to-exceed contract amount of $220,000.
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5 Adjourn Special Meeting
Mayor / Board Chair Hendricks adjourned the meeting at 6:48 p.m.
7 P.M. COUNCIL MEETING
CALL TO ORDER
Mayor Hendricks called the meeting to order.
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 Larry Klein
Councilmember Russ Melton
Councilmember Michael S. Goldman
Absent: 1 - Councilmember Nancy Smith
Mayor Hendricks stated Councilmember Smith's absence is excused.
CLOSED SESSION REPORT
Vice Mayor Larsson reported the Council met in Closed Session on April 4
pursuant to California Government Code Section 54957.6: Conference with Labor
Negotiators; Agency designated representatives: Deanna J. Santana, City
Manager; Teri Silva, Director of Human Resources; Employee organization:
Sunnyvale Employee Association (SEA); nothing to report.
Vice Mayor Larsson reported the Council met in Closed Session today pursuant to
California Government Code Section 54957.6: Conference with Labor Negotiators;
Agency designated representatives: Deanna J. Santana, City Manager; Teri Silva,
Director of Human Resources; Employee organization: Sunnyvale Employee
Association (SEA); nothing to report.
Vice Mayor Larsson reported the Council met in Closed Session today pursuant to
California Government Code Section 54956.9: Conference with Legal Counsel -
Anticipated Litigation (Initiation of litigation pursuant to Government Code Sections
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54956.9(c),(d)(4): One case); nothing to report.
SPECIAL ORDER OF THE DAY
17-0195 SPECIAL ORDER OF THE DAY - National Library Week
Mayor Hendricks presented a proclamation in recognition of National Library Week
to Director of Library and Community Services Cynthia Bojorquez.
17-0374 SPECIAL ORDER OF THE DAY - Fair Housing Month
Mayor Hendricks presented a proclamation in recognition of Fair Housing Month to
Diana Castillo, Senior Attorney, Law Foundation of Silicon Valley.
17-0400 SPECIAL ORDER OF THE DAY - Earth Day
Mayor Hendricks provided comments and proclaimed April 2017 as Earth Month in
the City of Sunnyvale.
ORAL COMMUNICATIONS
Councilmember Griffith announced board and commission recruitment and an
upcoming application deadline.
CONSENT CALENDAR
Councilmember Griffith requested to pull Item 1.J.
MOTION: Vice Mayor Larsson moved and Councilmember Klein seconded the
motion to approve Consent Calendar Items 1.A, 1.B, 1.C, 1.D, 1.E, 1.F, 1.G, 1.H,
1.I, 1.K and 1.L.
The motion carried by the following vote:
Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Klein
Councilmember Melton
Councilmember Goldman
No: 0
Absent: 1 - Councilmember Smith
1.A 17-0331 Approve City Council Meeting Minutes of March 28, 2017
Approve the City Council Meeting Minutes of March 28, 2017 as submitted.
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1.B 17-0004 Approve City Council Special Meeting Minutes of April 4, 2017
Approve the City Council Special Meeting Minutes of April 4, 2017 as submitted.
1.C 17-0173 Approve the List(s) of Claims and Bills Approved for Payment
by the City Manager
Approve the list(s) of claims and bills.
1.D 17-0275 Award of Contract for Vision Zero Plan (F17-024), Finding a
California Environmental Quality Act (CEQA) categorical
exemption and Approval of Budget Modification No. 38 in the
amount of $33,476
1) Award a contract in substantially the same form as Attachment 1 to the report
and in the amount of $166,796 to Fehr & Peers and authorize the City Manager to
execute the contract when all necessary conditions have been met, 2) make a
finding of a categorical exemption for information collection under CEQA
Guidelines section 15306 for data collection and research as part of a study, and 3)
approve a contract contingency in the amount of $16,680, 4) and approve a Budget
Modification No. 38 in the amount of $33,476 to provide additional project funding.
1.E 17-0026 Award of Bid No. PW17-11 for Concrete, Sidewalk, Curbs,
Gutters and Driveway Approaches 2017 and Kifer Road
Sidewalk Improvements, Finding of California Environmental
Quality Act (CEQA) Categorical Exemption, and Approval of
Budget Modification No. 37 in the Amount of $1,210,455
1) Make a finding of a California Environmental Quality Act (CEQA) categorical
exemption pursuant to CEQA Guidelines Section 15301 for maintenance or repair
of existing facilities involving negligible or no expansion of use beyond which
presently exists; 2) Award a contract in substantially the same form as Attachment
2 to the report and in the amount of $1,178,455 to JJR Construction, Inc. and
authorize the City Manager to execute the contract when all necessary conditions
have been met; 3) Approve a 10% construction contingency in the amount of
$117,846, and 4) Approve Budget Modification No. 37 in the amount of $1,210,455
to advance project funding from FY 2017/18.
1.F 17-0305 Reject Bid Received for Uninterrupted Power Supply (UPS)
and Emergency Backup Battery Systems at Two Locations
(F17-078)
Reject the bid in the amount of $147,975 received from J.W. Construction in
response to IFB F17-078.
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1.G 17-0226 Amend an Existing Agreement for Traffic Signal Maintenance
Services and Approve Budget Modification No. 34 in the
Amount of $204,906 (F17-089)
Authorize the City Manager to execute an amendment to the existing contract with
Aegis ITS adding $204,906 and increasing the not to exceed value from
$1,382,978 to $1,587,884 in substantially the same form as Attachment 1 to the
report; and 2) approve Budget Modification No. 34 in the amount of $204,906.
1.H 17-0245 Adopt a New Council Policy on Debt Management, Amend
Council Policy 7.1.1 and Find that the Action is Exempt from
CEQA
Adopt a New Council Policy 7.1.8, entitled Debt Management Policy, Amend
Council Policy 7.1.1, entitled Fiscal and Long Range Goals and Financial Policies,
by removing Section 7.1F and Find that the Action is Exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 (b)
(4).
1.I 17-0268 Authorize the Issuance of a Purchase Order for an Articulating
Telescopic Aerial Bucket Truck (F17-093)
Authorize the issuance of a Purchase Order for Articulating Telescopic Aerial
Bucket Truck, in the amount of $175,791,including all taxes and fees, to Altec
Industries, Inc.
1.J 17-0357 Approve the 2017 Sustainability Speaker Series
Councilmember Griffith provided brief comments.
Public Hearing opened at 7:22 p.m.
No speakers.
Public Hearing closed at 7:22 p.m.
MOTION: Vice Mayor Larsson moved and Councilmember Klein seconded the
motion to approve the 2017 sustainability speaker series topics as proposed by the
Sustainability Commission.
The motion carried by the following vote:
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Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Klein
Councilmember Melton
Councilmember Goldman
No: 0
Absent: 1 - Councilmember Smith
1.K 17-0310 Approve the Third Amendment to Outside Counsel Agreement
with Renne Sloan Holtzman Sakai, LLP for Labor Negotiation
Services
Authorize the City Attorney to execute a Third Amendment, in substantially the
same form as Attachment 1 to the report, to the Outside Counsel Agreement with
the law firm of Renne Sloan Holtzman Sakai, LLP, to increase the not to exceed
amount by $100,000, for a new not to exceed contract amount of $250,000.
1.L 17-0393 Adopt Ordinance No. 3111-17 to Amend Sections 19.12.130
(“L”) of Chapter 19.12 (Definitions), 19.38.040 (Individual
Lockable Storage Space for Multiple-Family Residential) of
Chapter 19.38 (Required Facilities), and Section 19.90.030
(Procedures) of Chapter 19.90 (Special Development Permits)
of Title 19 (Zoning) of the Sunnyvale Municipal Code
Adopt Ordinance No. 3111-17.
PUBLIC HEARINGS/GENERAL BUSINESS
Mayor Hendricks stated there is a request to continue Items 3 and 5 to a date
certain, Tuesday, April 18, 2017. City Manager Deanna Santana and City Attorney
John Nagel provided additional information.
MOTION: Councilmember Goldman moved to continue Item 4 (LUTE) to Tuesday,
April 18, 2017.
The motion died due to lack of a second.
MOTION: Vice Mayor Larsson moved and Councilmember Melton seconded the
motion to continue Items 3 and 5 to a date certain, April 18, 2017.
Public comment opened at 7:27 p.m.
John Cordes, Bicycle and Pedestrian Advisory Commission member speaking for
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himself, addressed the Council regarding Item 3.
Public comment closed at 7:29 p.m.
The motion carried by the following vote:
Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Klein
Councilmember Melton
Councilmember Goldman
No: 0
Absent: 1 - Councilmember Smith
2 17-0435 City Council Consideration of Authorized Signatories on
Behalf of the City Council to a Letter in Response to the
Recent Communication by Sunnyvale Employees Association
(SEA) Presented to City Council on March 28, 2017
City Manager Santana provided a brief report. Mayor Hendricks provided additional
information.
Public Hearing opened at 7:34 p.m.
Walter Buczeke, Fleet Coordinator, requested reconsideration of exempt status for
his position.
Public Hearing closed at 7:35 p.m.
MOTION: Vice Mayor Larsson moved and Councilmember Griffith seconded the
motion to approve Alternative 1: Authorize individual Councilmembers to sign a
letter on behalf of the City Council responding to the Sunnyvale Employees
Association Handout presented to City Council on March 28, 2017.
The motion carried by the following vote
Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Klein
Councilmember Melton
Councilmember Goldman
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No: 0
Absent: 1 - Councilmember Smith
3 17-0336 Proposed Project: Related General Plan Amendment and
Rezoning applications:
GENERAL PLAN AMENDMENT: Proposed land use
designation change from Industrial to: Residential
Low-Medium Density (7-14 du/ac), Medium Density (14-27
du/ac), or High Density (27-45 du/ac); or Commercial
Neighborhood Shopping for 210 W. Ahwanee Avenue, a
0.41-acre site; 214 W. Ahwanee Avenue, a 0.31-acre site; and
220 W. Ahwanee Avenue, a 1.18-acre site.
REZONE: Introduction of an Ordinance to rezone 210 W.
Ahwanee Avenue, a 0.41-acre site; 214 W. Ahwanee Avenue,
a 0.31-acre site; and 220 W. Ahwanee Avenue, a 1.18-acre
site from Industrial and Service with a Planned Development
combining district (M-S/PD) to Low-Medium (R-2/PD), Medium
(R-3/PD), or High (R-4/PD) Density Residential with a Planned
Development combining district; or Industrial and Service with
a Planned Development combining district (M-S/PD) to
Neighborhood Business with a Planned Development
combining district (C-1/PD).
File #: 2016-7082
Location: 210, 214, and 220 W. Ahwanee Avenue (APNs:
204-03-003, 204-03-002, and 204-03-043).
Current Zoning: M-S/PD
Applicant / Owner: M Designs Architects/Tapti LLC - Kishore
Polakala (210 W. Ahwanee Avenue), City of
Sunnyvale/Multiple property owners (214 and 220 W.
Ahwanee Avenue)
Environmental Review: Mitigated Negative Declaration
Pursuant to the earlier action, this item was continued to a date certain, April 18,
2017.
4 17-0379 Adopt a Resolution regarding the LAND USE AND
TRANSPORTATION ELEMENT of the General Plan
(2016-7708) to:
· Certify the EIR;
· Make the Findings Required by the California
Environmental Quality Act;
· Adopt the Statement of Overriding Considerations and
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Mitigation Monitoring and Reporting Program;
· Adopt the Water Supply Assessment;
· Repeal the Southern Pacific Corridor Specific Plan Sites 1,
6, 7, 8 and 9; and
· Amend the General Plan to Adopt the Land Use and
Transportation Element.
This item was considered following Item 2.
Director of Community Development Trudi Ryan provided the staff report. Director
of Public Works Manuel Pineda, City Attorney Nagel and City Manager Santana
provided additional information.
Council recessed at 9:39 p.m.
Council reconvened at 9:46 p.m. with Councilmember Smith absent.
Public Hearing opened at 9:46 p.m.
Tara Martin-Milius expressed support for the LUTE and requested prioritizing
policies and projects through the lens of the environment, age-friendly design,
mobility, multi-modal transport, mixed use village centers, housing affordability and
design that reduces greenhouse gases.
Jayanthi Natarajay spoke in opposition to mixed use and additional housing citing
impacts to privacy, traffic and school overcrowding. Natarajay stated housing is
available, but not affordable.
Meredith Rupp spoke regarding the need for affordable housing and spoke in
support of the village centers.
John Cordes, Bicycle and Pedestrian Advisory Commission member speaking for
himself, expressed disappointment in the LUTE related to environmental planning.
Cordes expressed concern regarding balanced growth, lack of housing, and
difficulty in meeting greenhouse gas targets.
Don Veith spoke regarding economic growth, the jobs/housing ratio and the
number of jobs to be added by 2035. Veith spoke in support of more housing in
relation to jobs and in support of the Planning Commission recommendation for
intermediate growth points.
Sue Serrone spoke regarding the jobs/housing ratio and deficiencies in affordable
housing, and in support of the outreach process for the village center planning.
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Mike Serrone spoke in support of the platform document from the Sunnyvale
Sustainable and Affordable Living Coalition and spoke regarding mixed use, village
centers and future development projects and process.
Eric Acedo, South Bay Greenbelt Alliance, spoke regarding traffic, in support of
smart growth transit, and urged accepting the changes mentioned by
Councilmember Melton.
Zachary Kaufman spoke regarding traffic and parking congestion, mixed use and
safety of neighborhoods.
Holly Lofgren stated the LUTE will make livability and drivability more difficult,
spoke in opposition to more and taller office space, stated specific elements of the
LUTE are too broad and requested more contingency language. Lofgren stated
development will make it more difficult for low and moderate income seniors to stay
in Sunnyvale.
Dave Jones, Bicycle and Pedestrian Advisory Commission member, stated there is
no mention of the 2006 Bicycle Plan in the LUTE and spoke regarding the
jobs/housing ratio and affordable housing.
Per Bjornsson stated village centers are an opportunity to improve transit in other
areas. Bjornsson stated the LUTE is mostly reasonable, but housing and
transportation needs to be planned carefully.
Hongxia Chen stated the plan will make the area of Mary and Fremont denser and
decrease property values, and spoke regarding privacy impacts of two-story homes
and school overcrowding.
Public Hearing closed at 10:24 p.m.
MOTION: Vice Mayor Larsson moved and Councilmember Klein seconded the
motion to approve Alternatives 1, 4 and 6:
1) Adopt a Resolution (Attachment 2 to the report) to: Certify the EIR; Make the
Findings Required by the California Environmental Quality Act; Adopt the
Statement of Overriding Considerations and Mitigation Monitoring and Reporting
Program; Adopt the Water Supply Assessment;
4) Alternative 3 with modifications to the Horizon 2035 Land Use and
Transportation Element, within the scope evaluated in the EIR, to delete Action 3 of
Policy 57: Alternative 3) Adopt a Resolution to Amend the General Plan to Adopt
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the Land Use and Transportation Element (including repealing the remaining
Southern Pacific Corridor Specific Plan Sites as depicted in Attachment 8) as
shown in Attachment 4 and Attachment 20 (revised land use map) to this staff
report (Planning Commission recommendation) and the modifications to Policy 53
Action 5, Policy 55 Action 2 and Policy 101 Action 6 described in the report to
Council.
6) Direct staff to reformat the LUTE for inclusion into the Consolidated General
Plan, including any approved modifications and to update the Balanced Growth
profile.
FRIENDLY AMENDMENT: Councilmember Griffith offered a friendly amendment to
strike the final sentence of Goal F, on page 42, "While respecting existing
neighborhood character, the policies also introduce the ability to consider
interspersing, where appropriate, a variety of housing types and choices in existing
neighborhoods to accommodate the needs of a diverse and changing community."
Vice Mayor Larsson accepted the friendly amendment.
FRIENDLY AMENDMENT: Councilmember Griffith offered a friendly amendment to
include in the village concepts the southwest corner of Fremont and
Sunnyvale-Saratoga.
Following discussion, Community Development Director Ryan suggested the
addition of an action statement to allow consideration of mixed use village at that
location, and the appropriate environmental review could be done at the time.
Vice Mayor Larsson and Councilmember Klein accepted the friendly amendment.
The motion carried by the following vote:
Yes: 5 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Klein
Councilmember Melton
No: 1 - Councilmember Goldman
Absent: 1 - Councilmember Smith
MOTION: Councilmember Griffith moved and Councilmember Klein seconded the
motion to direct staff to provide at their convenience an information only item on
mechanisms to make some shifts in the jobs/housing impact of the LUTE.
The motion carried by the following vote:
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Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Klein
Councilmember Melton
Councilmember Goldman
No: 0
Absent: 1 - Councilmember Smith
5 17-0337 Proposed Project: PEERY PARK PLAN REVIEW PERMIT to
allow a 150,651 square foot four-story office/R&D building and
a detached six-level with partial underground parking
structure, resulting in 100% FAR, in the Peery Park Specific
Plan area. The project includes a 2,500 square foot retail
space on the ground floor.
File #: 2015-8110
Location: 675 Almanor Ave. (APNs: 165-44-006 165-44-012)
Applicant / Owner: Chang Architecture/Almanor Ventures LLC
Environmental Review: The project is exempt from additional
CEQA review per CEQA Guidelines section 15168(c)(2) and
(4) and Public Resources Code Section 21094(c). The project
is within the scope of the Peery Park Specific Plan Program
EIR as no new environmental impacts are anticipated and no
new mitigation measures are required.
Pursuant to the earlier action, this item was continued to a date certain, April 18,
2017.
6 16-0571 Introduce an Ordinance to Amend Sections of Sunnyvale
Municipal Code Title 10 for Revision in Traffic Control
Authority and Rescind Resolution No. 203-95 and Related
Amendments Designating Speed Limits for Certain Streets
and Multi-Way Stops, and Adopt New Speed Limits
Resolution
This item was considered following Item 4.
Director of Public Works Pineda provided the staff report.
Public Hearing opened at 11:17 p.m.
No speakers.
Public Hearing closed at 11:17 p.m.
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MOTION: Vice Mayor Larsson moved and Councilmember Griffith seconded the
motion to approve Alternatives 1, 3 and 4: 1) Rescind Resolution No. 203 95 and
related amendments and adopt a new resolution re-establishing speed limits in the
City; 3) Introduce an ordinance to amend Sunnyvale Municipal Code Title 10 to
delegate authority to the City Transportation and Traffic Manager to make decisions
to install multi way stops (3 Way or 4 Way Stops) with the City Council hearing
appeals of Transportation and Traffic Manager's decisions; and, 4) Amend
Sunnyvale Municipal Code Title 10 to remove Section 10.08.190 (b) and Section
10.32.030.
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 Klein
Councilmember Melton
Councilmember Goldman
No: 0
Absent: 1 - Councilmember Smith
COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
Mayor Hendricks reported an upcoming vote of the Valley Transportation Authority
Board on the Next Network and invited Councilmembers to share with him any
questions or comments they may have.
NON-AGENDA ITEMS & COMMENTS
-Council
None.
-City Manager
None.
INFORMATION ONLY REPORTS/ITEMS
17-0355 Tentative Council Meeting Agenda Calendar
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17-0291 Information/Action Items
17-0134 Board/Commission Resignation (Information Only)
17-0341 New Public Park at 936 East Duane Avenue (Information
Only)
17-0224 Study Session Summary of March 7, 2017 - Water Pollution
Control Plant Update
17-0401 Study Session Summary of March 28, 2017 - Presentation
and Update by Caltrain Staff on the Caltrain Modernization
Program
17-0356 Board/Commission Meeting Minutes
ADJOURNMENT
Mayor Hendricks adjourned the meeting at 11:19 p.m.
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Agenda
City of Sunnyvale
Notice and Agenda - Revised
City Council
Tuesday, April 11, 2017 4:30 PM West Conference Room and Council
Chambers, City Hall, 456 W. Olive Ave.,
Sunnyvale, CA 94086
Special Meetings: Closed Session- 4:30 PM | Joint Meeting of the City Council and
Redevelopment Successor Agency- 6:45 PM | Regular Meeting- 7 PM
4:30 P.M. SPECIAL COUNCIL MEETING (Closed Session)
1 Call to Order in the West Conference Room
2 Roll Call
3 Public Comment
The public may provide comments regarding the Closed Session item(s) just prior
to the Council beginning the Closed Session. Closed Sessions are not open to the
public.
4 Convene to Closed Session
17-0407 Closed Session held pursuant to California Government Code
Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Deanna Santana, City
Manager; Teri Silva, Director of Human Resources
Employee organization: Sunnyvale Employee Association
(SEA)
17-0231 Closed Session held pursuant to California Government Code
Section 54956.9: CONFERENCE WITH LEGAL COUNSEL-
ANTICIPATED LITIGATION
(Initiation of litigation pursuant to Government Code Sections
54956.9(c),(d)(4): One case)
5 Adjourn Special Meeting
6:45 P.M. SPECIAL COUNCIL MEETING (Joint Meeting of the City Council and
Redevelopment Successor Agency)
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City Council Notice and Agenda - Revised April 11, 2017
1 Call to Order in the Council Chambers (Open to the Public)
2 Roll Call
3 Public Comment
4 Consent Calendar
A 17-0382 Approve Joint City Council and Redevelopment Successor
Agency Meeting Minutes of October 25, 2016
Recommendation: Redevelopment Successor Agency:
Approve Joint City Council and Redevelopment Successor
Agency Meeting Minutes of October 25, 2016 as submitted.
B 17-0366 Approve the Third Amendment to Outside Counsel Agreement
with Goldfarb Lipman 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 Third 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 increase the not-to-exceed amount by $20,000, for
a new not-to-exceed contract amount of $220,000.
Redevelopment Successor Agency:
Authorize the Agency Counsel to execute a Third
Amendment, in substantially the same form as Attachment 1
to the report, to the Outside Counsel Agreement with the law
firm of Goldfarb Lipman to increase the not-to-exceed amount
by $20,000, for a new not-to-exceed contract amount of
$220,000.
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.
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City Council Notice and Agenda - Revised April 11, 2017
CALL TO ORDER
Call to Order in the Council Chambers (Open to the Public)
SALUTE TO THE FLAG
ROLL CALL
CLOSED SESSION REPORT
SPECIAL ORDER OF THE DAY
17-0195 SPECIAL ORDER OF THE DAY - National Library Week
17-0374 SPECIAL ORDER OF THE DAY - Fair Housing Month
17-0400 SPECIAL ORDER OF THE DAY - Earth Day
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 17-0331 Approve City Council Meeting Minutes of March 28, 2017
Recommendation: Approve the City Council Meeting Minutes of March 28, 2017
as submitted.
1.B 17-0004 Approve City Council Special Meeting Minutes of April 4, 2017
Recommendation: Approve the City Council Special Meeting Minutes of April 4,
2017 as submitted.
City of Sunnyvale Page 3 Printed on 4/10/2017
City Council Notice and Agenda - Revised April 11, 2017
1.C 17-0173 Approve the List(s) of Claims and Bills Approved for Payment
by the City Manager
Recommendation: Approve the list(s) of claims and bills.
1.D 17-0275 Award of Contract for Vision Zero Plan (F17-024), Finding a
California Environmental Quality Act (CEQA) categorical
exemption and Approval of Budget Modification No. 38 in the
amount of $33,476
Recommendation: 1) Award a contract in substantially the same form as
Attachment 1 to the report and in the amount of $166,796 to
Fehr & Peers and authorize the City Manager to execute the
contract when all necessary conditions have been met, 2)
make a finding of a categorical exemption for information
collection under CEQA Guidelines section 15306 for data
collection and research as part of a study, and 3) approve a
contract contingency in the amount of $16,680, 4) and
approve a Budget Modification No. 38 in the amount of
$33,476 to provide additional project funding.
1.E 17-0026 Award of Bid No. PW17-11 for Concrete, Sidewalk, Curbs,
Gutters and Driveway Approaches 2017 and Kifer Road
Sidewalk Improvements, Finding of California Environmental
Quality Act (CEQA) Categorical Exemption, and Approval of
Budget Modification No. 37 in the Amount of $1,210,455
Recommendation: 1) Make a finding of a California Environmental Quality Act
(CEQA) categorical exemption pursuant to CEQA Guidelines
Section 15301 for maintenance or repair of existing facilities
involving negligible or no expansion of use beyond which
presently exists; 2) Award a contract in substantially the same
form as Attachment 2 to the report and in the amount of
$1,178,455 to JJR Construction, Inc. and authorize the City
Manager to execute the contract when all necessary
conditions have been met; 3) Approve a 10% construction
contingency in the amount of $117,846, and 4) Approve
Budget Modification No. 37 in the amount of $1,210,455 to
advance project funding from FY 2017/18.
1.F 17-0305 Reject Bid Received for Uninterrupted Power Supply (UPS)
and Emergency Backup Battery Systems at Two Locations
(F17-078)
City of Sunnyvale Page 4 Printed on 4/10/2017
City Council Notice and Agenda - Revised April 11, 2017
Recommendation: Reject the bid in the amount of $147,975 received from J.W.
Construction in response to IFB F17-078.
1.G 17-0226 Amend an Existing Agreement for Traffic Signal Maintenance
Services and Approve Budget Modification No. 34 in the
Amount of $204,906 (F17-089)
Recommendation: Authorize the City Manager to execute an amendment to the
existing contract with Aegis ITS adding $204,906 and
increasing the not-to-exceed value from $1,382,978 to
$1,587,884 in substantially the same form as Attachment 1 to
the report; and 2) approve Budget Modification No. 34 in the
amount of $204,906.
1.H 17-0245 Adopt a New Council Policy on Debt Management, Amend
Council Policy 7.1.1 and Find that the Action is Exempt from
CEQA
Recommendation: Adopt a New Council Policy 7.1.8, entitled Debt Management
Policy, Amend Council Policy 7.1.1, entitled Fiscal and Long
Range Goals and Financial Policies, by removing Section
7.1F and Find that the Action is Exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA
Guidelines Section 15378 (b)(4).
1.I 17-0268 Authorize the Issuance of a Purchase Order for an Articulating
Telescopic Aerial Bucket Truck (F17-093)
Recommendation: Authorize the issuance of a Purchase Order for Articulating
Telescopic Aerial Bucket Truck, in the amount of $175,791,
including all taxes and fees, to Altec Industries, Inc.
1.J 17-0357 Approve the 2017 Sustainability Speaker Series
Recommendation: Approve the 2017 sustainability speaker series topics as
proposed by the Sustainability Commission.
1.K 17-0310 Approve the Third Amendment to Outside Counsel Agreement
with Renne Sloan Holtzman Sakai, LLP for Labor Negotiation
Services
Recommendation: Authorize the City Attorney to execute a Third Amendment, in
substantially the same form as Attachment 1 to the report, to
the Outside Counsel Agreement with the law firm of Renne
Sloan Holtzman Sakai, LLP, to increase the not-to-exceed
amount by $100,000, for a new not-to-exceed contract amount
of $250,000.
City of Sunnyvale Page 5 Printed on 4/10/2017
City Council Notice and Agenda - Revised April 11, 2017
1.L 17-0393 Adopt Ordinance No. 3111-17 to Amend Sections 19.12.130
(“L”) of Chapter 19.12 (Definitions), 19.38.040 (Individual
Lockable Storage Space for Multiple-Family Residential) of
Chapter 19.38 (Required Facilities), and Section 19.90.030
(Procedures) of Chapter 19.90 (Special Development Permits)
of Title 19 (Zoning) of the Sunnyvale Municipal Code
Recommendation: Adopt Ordinance No. 3111-17.
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 17-0435 City Council Consideration of Authorized Signatories on
Behalf of the City Council to a Letter in Response to the
Recent Communication by Sunnyvale Employees Association
(SEA) Presented to City Council on March 28, 2017
Recommendation: Staff makes no recommendation.
3 17-0336 Proposed Project: Related General Plan Amendment and
Rezoning applications:
GENERAL PLAN AMENDMENT: Proposed land use
designation change from Industrial to: Residential
Low-Medium Density (7-14 du/ac), Medium Density (14-27
du/ac), or High Density (27-45 du/ac); or Commercial
Neighborhood Shopping for 210 W. Ahwanee Avenue, a
0.41-acre site; 214 W. Ahwanee Avenue, a 0.31-acre site; and
220 W. Ahwanee Avenue, a 1.18-acre site.
REZONE: Introduction of an Ordinance to rezone 210 W.
Ahwanee Avenue, a 0.41-acre site; 214 W. Ahwanee Avenue,
a 0.31-acre site; and 220 W. Ahwanee Avenue, a 1.18-acre
site from Industrial and Service with a Planned Development
combining district (M-S/PD) to Low-Medium (R-2/PD), Medium
(R-3/PD), or High (R-4/PD) Density Residential with a
Planned Development combining district; or Industrial and
Service with a Planned Development combining district
(M-S/PD) to Neighborhood Business with a Planned
Development combining district (C-1/PD).
File #: 2016-7082
City of Sunnyvale Page 6 Printed on 4/10/2017
City Council Notice and Agenda - Revised April 11, 2017
Location: 210, 214, and 220 W. Ahwanee Avenue (APNs:
204-03-003, 204-03-002, and 204-03-043).
Current Zoning: M-S/PD
Applicant / Owner: M Designs Architects/Tapti LLC - Kishore
Polakala (210 W. Ahwanee Avenue), City of
Sunnyvale/Multiple property owners (214 and 220 W.
Ahwanee Avenue)
Environmental Review: Mitigated Negative Declaration
Recommendation: Alternatives 1, 2 and 3: 1) Make the findings required by
CEQA (in Attachment 3 of the report) and adopt the Mitigated
Negative Declaration; 2) Adopt a resolution amending the
General Plan land use designation from Industrial to
Residential High Density for 210, 214, and 220 W. Ahwanee
Avenue; and 3) Make the finding that the zoning amendment
(rezoning) is deemed to be in the public interest in
(Attachment 3 in the report) and introduce an ordinance to
rezone 210, 214, and 220 W. Ahwanee Avenue from M-S/PD
to R-4/PD.
4 17-0379 Adopt a Resolution regarding the LAND USE AND
TRANSPORTATION ELEMENT of the General Plan
(2016-7708) to:
· Certify the EIR;
· Make the Findings Required by the California
Environmental Quality Act;
· Adopt the Statement of Overriding Considerations and
Mitigation Monitoring and Reporting Program;
· Adopt the Water Supply Assessment;
· Repeal the Southern Pacific Corridor Specific Plan Sites 1,
6, 7, 8 and 9; and
· Amend the General Plan to Adopt the Land Use and
Transportation Element.
City of Sunnyvale Page 7 Printed on 4/10/2017
City Council Notice and Agenda - Revised April 11, 2017
Recommendation: Alternatives 1, 3 and 6: 1) Adopt a Resolution (Attachment 2
to the report) to: Certify the EIR; Make the Findings Required
by the California Environmental Quality Act; Adopt the
Statement of Overriding Considerations and Mitigation
Monitoring and Reporting Program; Adopt the Water Supply
Assessment; 3) Adopt a Resolution (also part of Attachment 2
to the staff report) to Amend the General Plan to Adopt the
Land Use and Transportation Element (including repealing the
remaining Southern Pacific Corridor Specific Plan Sites as
depicted in Attachment 8 to the staff report) as shown in
Attachment 4 and Attachment 20 to the staff report, and the
modifications to Policy 53 Action 5, Policy 55 Action 2 and
Policy 101 Action 6 described in the report; and, 6) Direct staff
to reformat the LUTE for inclusion into the Consolidated
General Plan, including any approved modifications and to
update the Balanced Growth profile.
5 17-0337 Proposed Project: PEERY PARK PLAN REVIEW PERMIT to
allow a 150,651 square foot four-story office/R&D building and
a detached six-level with partial underground parking
structure, resulting in 100% FAR, in the Peery Park Specific
Plan area. The project includes a 2,500 square foot retail
space on the ground floor.
File #: 2015-8110
Location: 675 Almanor Ave. (APNs: 165-44-006 165-44-012)
Applicant / Owner: Chang Architecture/Almanor Ventures LLC
Environmental Review: The project is exempt from additional
CEQA review per CEQA Guidelines section 15168(c)(2) and
(4) and Public Resources Code Section 21094(c). The project
is within the scope of the Peery Park Specific Plan Program
EIR as no new environmental impacts are anticipated and no
new mitigation measures are required.
City of Sunnyvale Page 8 Printed on 4/10/2017
City Council Notice and Agenda - Revised April 11, 2017
Recommendation: Alternative 1: Make the required Findings to approve the
California Environmental Quality Act determination that the
project is within the scope of the Peery Park Specific Plan
(PPSP) Environmental Impact Report (EIR) and no additional
environmental review is required in Attachment 4 to the report;
and approve the Peery Park Plan Review Permit subject to
PPSP Mitigation Monitoring and Reporting Program in
Attachment 7 to the report, adopt the Findings for the Peery
Park Plan Review Permit, Sense of Place fee and Water
Infrastructure fee in Attachment 4 to the report, including the
deviation for parking and adopt the recommended Conditions
of Approval set forth in Attachment 5 to the report, as modified
by the Planning Commission.
6 16-0571 Introduce an Ordinance to Amend Sections of Sunnyvale
Municipal Code Title 10 for Revision in Traffic Control
Authority and Rescind Resolution No. 203-95 and Related
Amendments Designating Speed Limits for Certain Streets
and Multi-Way Stops, and Adopt New Speed Limits
Resolution
Recommendation: Alternatives 1, 3 and 4: 1) Rescind Resolution No. 203-95 and
related amendments and adopt a new resolution
re-establishing speed limits in the City; 3) Introduce an
ordinance to amend Sunnyvale Municipal Code Title 10 to
delegate authority to the City Transportation and Traffic
Manager to make decisions to install multi-way stops (3-Way
or 4-Way Stops) with the City Council hearing appeals of
Transportation and Traffic Manager's decisions; and, 4)
Amend Sunnyvale Municipal Code Title 10 to remove Section
10.08.190 (b) and Section 10.32.030.
COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
NON-AGENDA ITEMS & COMMENTS
-Council
-City Manager
INFORMATION ONLY REPORTS/ITEMS
City of Sunnyvale Page 9 Printed on 4/10/2017
City Council Notice and Agenda - Revised April 11, 2017
17-0355 Tentative Council Meeting Agenda Calendar
17-0291 Information/Action Items
17-0134 Board/Commission Resignation (Information Only)
17-0341 New Public Park at 936 East Duane Avenue (Information
Only)
17-0224 Study Session Summary of March 7, 2017 - Water Pollution
Control Plant Update
17-0401 Study Session Summary of March 28, 2017 - Presentation
and Update by Caltrain Staff on the Caltrain Modernization
Program
17-0356 Board/Commission Meeting Minutes
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
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 35.160 (b) (1))
City of Sunnyvale Page 10 Printed on 4/10/2017
City Council Notice and Agenda - Revised April 11, 2017
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please provide 12 copies of the materials to the City Clerk (located to the left of the
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