City Council
Regular MeetingSunnyvale, CA · May 9, 2017
Minutes
City of Sunnyvale
Meeting Minutes - Final
City Council
Tuesday, May 9, 2017 6:00 PM Council Chambers, City Hall, 456 W. Olive
Ave., Sunnyvale, CA 94086
Special Meeting- 6 PM | Regular Meeting- 7 PM
6 P.M. SPECIAL COUNCIL MEETING
1 Call to Order in the Council Chambers
Mayor Hendricks called the meeting to order at 6 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
Mayor Hendricks stated Councilmember Smith's absence is excused.
3 Special Orders of the Day
17-0128 SPECIAL ORDER OF THE DAY - Department of Public
Safety Special Awards
Mayor Hendricks and Chief of Public Safety Phan Ngo presented the Department
of Public Safety Special Awards.
17-0347 SPECIAL ORDER OF THE DAY - Teen Self Esteem
Awareness Month
Mayor Hendricks presented a proclamation in recognition of National Teen Self
Esteem Month to Community Services Manager Michael Muse, Teen Advisory
Committee President Ting Chang and Teen Advisory Committee Vice President
Susie Warner.
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City Council Meeting Minutes - Final May 9, 2017
17-0474 SPECIAL ORDER OF THE DAY - Municipal Clerks Week
Mayor Hendricks presented a proclamation in recognition of Municipal Clerks Week
to City Clerk Kathleen Franco Simmons and Deputy City Clerk Lisa Natusch.
5 Adjourn Special Meeting
Mayor Hendricks adjourned the meeting at 6:45 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 May 17, 2016;
in that Closed Session, the City Council granted the City Attorney settlement
authority in the matter of Gorla, et al. v. City of Sunnyvale and on June 7, 2016, the
various plaintiffs in the litigation signed a settlement agreement and release, in
which the City agreed to settle the matter for the payment of $550,000 and the
plaintiffs agreed to dismiss their lawsuit with prejudice. The litigation involved a fatal
accident occurring on November 18, 2002 on East Duane Avenue.
Vice Mayor Larsson reported the Council met in Closed Session on May 2, 2017
pursuant to California Government Code Section 54957.6: Conference with Labor
Negotiators regarding the Sunnyvale Employees Association (SEA), the Service
Employees International Union, Local 521 (SEIU) and Unrepresented Employees;
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City Council Meeting Minutes - Final May 9, 2017
nothing to report.
Vice Mayor Larsson reported the Council met in Closed Session on May 4. 2017
pursuant to California Government Code Section 54957.6: Conference with Labor
Negotiators regarding Sunnyvale Employees Association (SEA) and
Unrepresented Employees; nothing to report.
ORAL COMMUNICATIONS
Chris Fallon spoke regarding rising space rent in Plaza Del Rey Mobile Home Park
and requested the passage of an ordinance for rent control for mobile home parks.
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 Klein
Councilmember Melton
Councilmember Goldman
No: 0
Absent: 1 - Councilmember Smith
1.A 17-0383 Approve City Council Meeting Minutes of April 11, 2017
Approve the City Council Meeting Minutes of April 11, 2017 as submitted.
1.B 17-0419 Approve City Council Special Meeting Minutes of April 18,
2017
Approve the City Council Special Meeting Minutes of April 18, 2017 as submitted.
1.C 17-0175 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 17-0413 Award of Contract for Design and Construction Support
Services for The Mary-Carson Water Tank No. 2 Interior
Refurbishment Project (F17-110)
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City Council Meeting Minutes - Final May 9, 2017
1) Award a contract, in substantially the same form as Attachment 1 to the report,
and in an amount not-to-exceed $92,392, to V&A Consulting Engineers, and
authorize the City Manager to execute the contract when all the necessary
conditions have been met; 2) Approve a 10% design contingency in the amount of
$9,239.
1.E 17-0392 Authorize the City Manager to Execute an Agreement for
Professional Real Estate Broker Services Related to the Sale
of Onizuka Parcels at 1050 & 1060 Innovation Way (F17-099)
and Approve Budget Modification No. 43
Authorize the City Manager to execute an Agreement with Cushman & Wakefield
for an amount not to exceed $120,000 to perform professional real estate broker
services related to the sale of 1050 & 1060 Innovation Way (Onizuka) and Approve
Budget Modification No. 43 in the amount of $120,000.
1.F 17-0389 Approve Budget Modification No. 40 in the amount of
$108,329 to Appropriate Funding from Fund 285
(Transportation Development Act) to Fund 385 (Capital
Projects)
Approve Budget Modification No. 40 in the amount of $108,329 to appropriate
funding from the Transportation Development Act Fund to the Capital Project Fund.
1.G 17-0397 Award of Contract for Storm Drain Trash Capture Devices
(F17-119)
1) Award an installation contract, in substantially the same format as Attachment 1
to the report in an amount of $182,810 to Storm Water Inspection & Maintenance
Services Inc., dba Storm Tek, and authorize the City Manager to execute the
contract when all the necessary conditions have been met; and 2) approve a 10%
contract contingency in the amount of $18,281.
1.H 17-0438 Approve 2017 Board and Commission Master Work Plans
Approve the 2017 master work plans as submitted.
1.I 17-0517 Adopt Ordinance No. 3114-17 Amending the Precise Zoning
Plan, Zoning Districts Map, to Rezone 29 Contiguous
Properties Located on Firebird Way, Flamingo Way, and
Dunholme Way from R-0 (Low Density Residential) Zoning
District to R-0/S (Low Density Residential/Single-Story) Zoning
District
Adopt Ordinance No. 3114-17.
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City Council Meeting Minutes - Final May 9, 2017
1.J 17-0519 Adopt Ordinance No. 3115-17 Amending the Precise Zoning
Plan, Zoning Districts Map, to Rezone Certain Properties
located at 669 & 673 Old San Francisco Road from R-0 (Low
Density Residential) Zoning District to R-3/PD (Medium
Density Residential/Planned Development) Zoning District
Adopt Ordinance No. 3115-17.
PUBLIC HEARINGS/GENERAL BUSINESS
2 17-0487 Consider Draft 2017 Housing and Urban Development (HUD)
Action Plan
Director of Community Development Trudi Ryan provided the staff report and
recommended that Council provide the flexibility that if the dollar amount allocated
by the Federal government for CDBG and HOME funds for the HUD Action Plan is
less than last year, to proportionately reduce the amounts to all of those funded, or
if the amount is higher, that Council allocate the additional funding to the sidewalk
project along Persian Drive. Housing Officer Suzanne Ise’ provided additional
information.
Public Hearing opened at 7:13 p.m.
Jean Jiang, Staff Attorney, Project Sentinel, provided information regarding the fair
housing services provided by the agency.
Pilar Furlong, Chief Community Resources Officer, Bill Wilson Center, provided
information regarding the counseling program services provided by the agency.
Chris Richardson, Chief Program Officer, Downtown Streets Team, provided
information regarding the homelessness services provided by the agency.
Amanda Olson, Downtown Streets Team, spoke regarding the homeless outreach
and community engagement program.
Dan Schmid, Life Moves, provided information regarding the family shelter services
provided by the program.
Marie Bernard, Sunnyvale Community Services, provided information regarding the
services provided by the agency.
Public Hearing closed at 7:27 p.m.
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City Council Meeting Minutes - Final May 9, 2017
MOTION: Councilmember Klein moved and Vice Mayor Larsson seconded the
motion to approve Alternative 1: Approve the 2017 Action Plan as shown in
Attachment 2 to the report.
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
3 17-0221 Adopt a Mitigated Negative Declaration and a Mitigation
Monitoring Reporting Program for Animal Assisted Happiness
at Baylands Park, Approve the Conceptual Plan and Authorize
the City Manager to Execute a Sublease Agreement between
the City and Animal Assisted Happiness (AAH)
Assistant Director of Public Works Craig Mobeck provided the staff report.
Superintendent of Community Services Dan Wax and Director of Public Works
Manuel Pineda provided additional information.
Public Hearing opened at 7:54 p.m.
Lizzy Eckstroun, volunteer, Animal Assisted Happiness, spoke in support of the
proposal.
Vicki Amon-Higa, co-founder of Animal Assisted Happiness, provided information
regarding their visits and events and requested consideration of waiving the park
fee when special needs clients visit.
Public Hearing closed at 8:02 p.m.
MOTION: Councilmember Klein moved and Vice Mayor Larsson seconded the
motion to approve Alternative 1: Make the findings required by the California
Environmental Quality Act in Attachment 12 to the Report, Adopt a Mitigated
Negative Declaration and a Mitigation Monitoring Reporting Program for Animal
Assisted Happiness at Baylands Park, approve the conceptual plans and authorize
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City Council Meeting Minutes - Final May 9, 2017
the City Manager to execute a sublease Agreement between the City and Animal
Assisted Happiness; with the addition of staff looking at a higher quality fence and
possible security on all four sides of the land used by Animal Assisted Happiness,
subject to approval by the Director of Public Works.
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
4 17-0343 Introduce an Ordinance to Award a Non-Exclusive Taxicab
Franchise to Yellow Checker Cab Co., Inc. DBA Checker Cab
and Rainbow Cab
Management Analyst Elaine Ketell provided the staff report.
Public Hearing opened at 8:09 p.m.
No speakers.
Public Hearing closed at 8:09 p.m.
MOTION: Vice Mayor Larsson moved and Councilmember Melton seconded the
motion to approve Alternative 1: Introduce an Ordinance to Award a Non-exclusive
Taxicab Franchise to Yellow Checker Cab Co., Inc. DBA Checker Cab and
Rainbow Cab, and authorize the City Manager to execute the franchise agreement.
City Clerk Kathleen Franco Simmons read the ordinance title.
The motion carried by the following vote:
Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Klein
Councilmember Melton
Councilmember Goldman
No: 0
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City Council Meeting Minutes - Final May 9, 2017
Absent: 1 - Councilmember Smith
5 17-0345 Introduce an Ordinance to Award a Non-Exclusive Taxicab
Franchise to A Orange Cab, Inc., DBA Orange Cab
Management Analyst Elaine Ketell provided the staff report.
Public Hearing opened at 8:11 p.m.
No speakers.
Public Hearing closed at 8:11 p.m.
MOTION: Vice Mayor Larsson moved and Councilmember Melton seconded the
motion to approve Alternative 1: Introduce an Ordinance to Award a Non-exclusive
Taxicab Franchise to A Orange Cab Co., Inc. DBA Orange Cab and authorize the
City Manager to execute the franchise agreement.
City Clerk Kathleen Franco Simmons read the ordinance title.
The motion carried by the following vote:
Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Klein
Councilmember Melton
Councilmember Goldman
No: 0
Absent: 1 - Councilmember Smith
6 16-0871 Approve a Program for Paid Parking in Downtown Caltrain
Commuter Lots
Management Analyst Elaine Ketell provided the staff report. Director of Public
Works Pineda provided additional information.
Public Hearing opened at 8:15 p.m.
Zachary Kaufman provided comments regarding the 2012 consultant report.
Public Hearing closed at 8:16 p.m.
MOTION: Councilmember Melton moved and Councilmember Klein seconded the
motion to approve Alternative 1: Approve a Program for Paid Parking in Downtown
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City Council Meeting Minutes - Final May 9, 2017
Caltrain Commuter Lots.
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 the Valley Transportation Authority Board adopted the
framework for the Next Network.
NON-AGENDA ITEMS & COMMENTS
-Council
None.
-City Manager
Assistant City Manager Walter Rossmann reminded Council of key dates in the
budget process.
INFORMATION ONLY REPORTS/ITEMS
17-0071 Tentative Council Meeting Agenda Calendar
17-0359 Information/Action Items
17-0228 Study Session Summary of April 25, 2017 - Review
Performance Evaluation Tools for the City Manager and City
Attorney
17-0405 Board/Commission Meeting Minutes
ADJOURNMENT
Mayor Hendricks adjourned the meeting at 8:34 p.m.
City of Sunnyvale Page 9
Agenda
City of Sunnyvale
Notice and Agenda
City Council
Tuesday, May 9, 2017 6:00 PM Council Chambers, City Hall, 456 W. Olive
Ave., Sunnyvale, CA 94086
Special Meeting- 6 PM | Regular Meeting- 7 PM
6 P.M. SPECIAL COUNCIL MEETING
1 Call to Order in the Council Chambers
2 Roll Call
3 Special Orders of the Day
17-0128 SPECIAL ORDER OF THE DAY - Department of Public
Safety Special Awards
17-0347 SPECIAL ORDER OF THE DAY - Teen Self Esteem
Awareness Month
17-0474 SPECIAL ORDER OF THE DAY - Municipal Clerks Week
5 Adjourn Special Meeting
7 P.M. COUNCIL MEETING
Pursuant to Council Policy, City Council will not begin consideration of any agenda
item after 11:30 p.m. without a vote. Any item on the agenda which must be
continued due to the late hour shall be continued to a date certain. Information
provided herein is subject to change from date of printing of the agenda to the date
of the meeting.
CALL TO ORDER
Call to Order in the Council Chambers (Open to the Public)
SALUTE TO THE FLAG
ROLL CALL
CLOSED SESSION REPORT
City of Sunnyvale Page 1 Printed on 5/4/2017
City Council Notice and Agenda May 9, 2017
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 17-0383 Approve City Council Meeting Minutes of April 11, 2017
Recommendation: Approve the City Council Meeting Minutes of April 11, 2017 as
submitted.
1.B 17-0419 Approve City Council Special Meeting Minutes of April 18,
2017
Recommendation: Approve the City Council Special Meeting Minutes of April 18,
2017 as submitted.
1.C 17-0175 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 17-0413 Award of Contract for Design and Construction Support
Services for The Mary-Carson Water Tank No. 2 Interior
Refurbishment Project (F17-110)
Recommendation: 1) Award a contract, in substantially the same form as
Attachment 1 to the report, and in an amount not-to-exceed
$92,392, to V&A Consulting Engineers, and authorize the City
Manager to execute the contract when all the necessary
conditions have been met; 2) Approve a 10% design
contingency in the amount of $9,239.
1.E 17-0392 Authorize the City Manager to Execute an Agreement for
City of Sunnyvale Page 2 Printed on 5/4/2017
City Council Notice and Agenda May 9, 2017
Professional Real Estate Broker Services Related to the Sale
of Onizuka Parcels at 1050 & 1060 Innovation Way (F17-099)
and Approve Budget Modification No. 43
Recommendation: Authorize the City Manager to execute an Agreement with
Cushman & Wakefield for an amount not to exceed $120,000
to perform professional real estate broker services related to
the sale of 1050 & 1060 Innovation Way (Onizuka) and
Approve Budget Modification No. 43 in the amount of
$120,000.
1.F 17-0389 Approve Budget Modification No. 40 in the amount of
$108,329 to Appropriate Funding from Fund 285
(Transportation Development Act) to Fund 385 (Capital
Projects)
Recommendation: Approve Budget Modification No. 40 in the amount of
$108,329 to appropriate funding from the Transportation
Development Act Fund to the Capital Project Fund.
1.G 17-0397 Award of Contract for Storm Drain Trash Capture Devices
(F17-119)
Recommendation: 1) Award an installation contract, in substantially the same
format as Attachment 1 to the report in an amount of $182,810
to Storm Water Inspection & Maintenance Services Inc., dba
Storm Tek, and authorize the City Manager to execute the
contract when all the necessary conditions have been met;
and 2) approve a 10% contract contingency in the amount of
$18,281.
1.H 17-0438 Approve 2017 Board and Commission Master Work Plans
Recommendation: Approve the 2017 master work plans as submitted.
1.I 17-0517 Adopt Ordinance No. 3114-17 Amending the Precise Zoning
Plan, Zoning Districts Map, to Rezone 29 Contiguous
Properties Located on Firebird Way, Flamingo Way, and
Dunholme Way from R-0 (Low Density Residential) Zoning
District to R-0/S (Low Density Residential/Single-Story)
Zoning District
Recommendation: Adopt Ordinance No. 3114-17.
1.J 17-0519 Adopt Ordinance No. 3115-17 Amending the Precise Zoning
Plan, Zoning Districts Map, to Rezone Certain Properties
located at 669 & 673 Old San Francisco Road from R-0 (Low
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City Council Notice and Agenda May 9, 2017
Density Residential) Zoning District to R-3/PD (Medium
Density Residential/Planned Development) Zoning District
Recommendation: Adopt Ordinance No. 3115-17.
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 17-0487 Consider Draft 2017 Housing and Urban Development (HUD)
Action Plan
Recommendation: Alternative 1: Approve the 2017 Action Plan as shown in
Attachment 2 to the report.
3 17-0221 Adopt a Mitigated Negative Declaration and a Mitigation
Monitoring Reporting Program for Animal Assisted Happiness
at Baylands Park, Approve the Conceptual Plan and Authorize
the City Manager to Execute a Sublease Agreement between
the City and Animal Assisted Happiness (AAH)
Recommendation: Alternative 1: Make the findings required by the California
Environmental Quality Act in Attachment 12 to the Report,
Adopt a Mitigated Negative Declaration and a Mitigation
Monitoring Reporting Program for Animal Assisted Happiness
at Baylands Park, approve the conceptual plans and authorize
the City Manager to execute a sublease agreement between
the City and Animal Assisted Happiness.
4 17-0343 Introduce an Ordinance to Award a Non-Exclusive Taxicab
Franchise to Yellow Checker Cab Co., Inc. DBA Checker Cab
and Rainbow Cab
Recommendation: Alternative 1: Introduce an Ordinance to Award a
Non-exclusive Taxicab Franchise to Yellow Checker Cab Co.,
Inc. DBA Checker Cab and Rainbow Cab, and authorize the
City Manager to execute the franchise agreement.
5 17-0345 Introduce an Ordinance to Award a Non-Exclusive Taxicab
Franchise to A Orange Cab, Inc., DBA Orange Cab
City of Sunnyvale Page 4 Printed on 5/4/2017
City Council Notice and Agenda May 9, 2017
Recommendation: Alternative 1: Introduce an Ordinance to Award a
Non-exclusive Taxicab Franchise to A Orange Cab Co., Inc.
DBA Orange Cab and authorize the City Manager to execute
the franchise agreement.
6 16-0871 Approve a Program for Paid Parking in Downtown Caltrain
Commuter Lots
Recommendation: Alternative 1: Approve a Program for Paid Parking in
Downtown Caltrain Commuter Lots.
COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
NON-AGENDA ITEMS & COMMENTS
-Council
-City Manager
INFORMATION ONLY REPORTS/ITEMS
17-0071 Tentative Council Meeting Agenda Calendar
17-0359 Information/Action Items
17-0228 Study Session Summary of April 25, 2017 - Review
Performance Evaluation Tools for the City Manager and City
Attorney
17-0405 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
City of Sunnyvale Page 5 Printed on 5/4/2017
City Council Notice and Agenda May 9, 2017
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))
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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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