City Council
Regular MeetingSunnyvale, CA · October 17, 2017
Minutes
City of Sunnyvale
Meeting Minutes - Final
City Council
Tuesday, October 17, 2017 5:00 PM Council Chambers and West Conference
Room, City Hall, 456 W. Olive Ave.,
Sunnyvale, CA 94086
Special Meetings: Closed Session- 5 PM | Joint Study Session with Bicycle and
Pedestrian Advisory Commission- 5:30 PM | Regular Meeting- 7 PM
5 P.M. SPECIAL COUNCIL MEETING (Closed Session)
Vice Mayor Larsson announced the item 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 5:02 p.m.
2 Roll Call
Present: 7 - Mayor Glenn Hendricks
Vice Mayor Gustav Larsson
Councilmember Jim Griffith
Councilmember Larry Klein
Councilmember Nancy Smith
Councilmember Russ Melton
Councilmember Michael S. Goldman
3 Public Comment
No speakers.
4 Convene to Closed Session
17-0695 Closed Session held pursuant to California Government Code
Section 54957.6: CONFERENCE WITH LABOR
NEGOTIATORS
Agency designated representatives: Kent Steffens, Interim City
Manager; Teri Silva, Interim Assistant City Manager; Anthony
Giles, Interim Director of Human Resources
Employee organization: Communication Officers Association
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(COA)
5 Adjourn Special Meeting
Vice Mayor Larsson adjourned the meeting at 5:34 p.m.
5:30 P.M. SPECIAL COUNCIL MEETING (Joint Study Session with the Bicycle and
Pedestrian Advisory Commission)
1 Call to Order in the Council Chambers (Open to the Public)
Vice Mayor Larsson called the meeting to order at 5:38 p.m.
2 Roll Call
Present: 7 - Mayor Glenn Hendricks
Vice Mayor Gustav Larsson
Councilmember Jim Griffith
Councilmember Larry Klein
Councilmember Nancy Smith
Councilmember Russ Melton
Councilmember Michael S. Goldman
Bicycle and Pedestrian Advisory Commission:
Present: 2 - Chair John Cordes
Vice Chair Tim Oey
Absent: 5 - Commissioner Catherine Barry
Commissioner Susan Bremond
Commissioner Angela Rausch
Commissioner Scott Swail
Commissioner Kyle Welch
3 Public Comment
4 Joint Study Session
17-0578 Caltrain Grade Separation Feasibility Study
5 Adjourn Special Meeting
Vice Mayor Larsson adjourned the meeting at 6:59 p.m.
7 P.M. COUNCIL MEETING
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City Council Meeting Minutes - Final October 17, 2017
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: 7 - Mayor Glenn Hendricks
Vice Mayor Gustav Larsson
Councilmember Jim Griffith
Councilmember Larry Klein
Councilmember Nancy Smith
Councilmember Russ Melton
Councilmember Michael S. Goldman
CLOSED SESSION REPORT
Vice Mayor Larsson reported Council met in Closed Session pursuant to California
Government Code Section 54957.6: Conference with Labor Negotiators; Agency
designated representatives: Kent Steffens, Interim City Manager; Teri Silva, Interim
Assistant City Manager; Anthony Giles, Interim Director of Human Resources;
Employee organization: Communication Officers Association (COA); nothing to
report.
SPECIAL ORDER OF THE DAY
17-0815 SPECIAL ORDER OF THE DAY - Freedom from Workplace
Bullying Week
Mayor Hendricks presented a proclamation in recognition of Freedom from
Workplace Bullying Week to Interim Director of Human Resources Tony Giles.
ORAL COMMUNICATIONS
Mayor Hendricks expressed appreciation to first responders working the wildfires in
the area.
Councilmember Griffith announced Board of Building Code Appeals recruitment and
an upcoming application deadline.
Councilmember Griffith announced an upcoming free Sunnyvale Technology Expo
for Sunnyvale technology businesses.
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City Council Meeting Minutes - Final October 17, 2017
Councilmember Griffith announced recruitment for a Silicon Valley Clean Energy
Authority Customer Program Advisory Group and an upcoming application deadline.
Richard Adler, member of the Board of Bay Area for Clean Environment (BACE),
spoke regarding Bay Area Air Quality Management District (BAAQMD) consideration
of a proposed new rule, Regulation 11, Rule 18, regarding a new standard for toxic
air contaminents and encouraged Council submit a letter of support for the rule.
Linda Sell requested Council send a letter to the Bay Area Air Quality Management
District (BAAQMD) in support of proposed Regulation 11, Rule 18, and provided
written materials.
Lakshimi Sharma announced an upcoming free “Young Entrepreneurs Startup
Bootcamp” program for middle schoolers and high schoolers.
Katherine Qiu, SummerHill Housing Group, announced the upcoming Turkey Trot
on Thanksgiving Day and provided written materials.
Tara Martin-Milius requested Council support grade separation when possible and
when it makes sense, and stated she does not think it makes sense at Sunnyvale
Avenue. Martin-Milius spoke in support of the food scrap program, and also urged
Council to send a letter to BAAQMD regarding the pollution issue.
David Wessel announced an upcoming Livable Sunnyvale “The Developers: Tales
of Intrigue, Politics and High Finance" event.
CONSENT CALENDAR
Councilmember Griffith requested to pull Consent Calendar Item 1.I.
MOTION: Vice Mayor Larsson moved and Councilmember Smith 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.J
and 1.K.
The motion carried by the following vote:
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City Council Meeting Minutes - Final October 17, 2017
Yes: 7 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Klein
Councilmember Smith
Councilmember Melton
Councilmember Goldman
No: 0
1.A 17-0237 Approve City Council Meeting Minutes of September 26, 2017
Approve the City Council Meeting Minutes of September 26, 2017 as submitted.
1.B 17-0430 Approve City Council Meeting Minutes of October 3, 2017
Approve the City Council Meeting Minutes of October 3, 2017 as submitted.
1.C 17-0189 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 17-0850 Authorize the Issuance of a Purchase Order for One Aggregate
Chip Spreader (F18-005) in the amount of $274,680 and
Approve Budget Modification No. 16
Authorize the issuance of a Purchase Order in the amount of $274,680, in
substantially the same form as Attachment 2 to the report, to EDECO Southwest
Service Company, LLC for one (1) Aggregate Chip Spreader and Approve Budget
Modification No. 16 in the amount of $304,680.
1.E 17-0861 Authorize the issuance of a Purchase Order for the Purchase
of Four Printed Seasonal Activity Guides (F18-026) for the
Department of Library and Community Services
1) Authorize the issuance of a Purchase Order in the amount of $110,240 to
Almaden Press to produce four Printed Seasonal Activity Guides; and 2) Authorize
the City Manager to approve change orders to the Purchase Order within the bid
amount of $110,240.
1.F 17-0866 Award of Contract for Consulting Engineering and Establishing
Jurisdictional Partnerships at the Sunnyvale Materials
Recovery and Transfer Station (F17-141), Find that the Action
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is Exempt from CEQA Pursuant to CEQA Guidelines Section
15262, and Approve Budget Modification No.13
1) Award a contract in an amount not to exceed $266,815 to HDR Engineering, Inc.
to provide professional services for the development and implementation of
institutional infrastructure, multi-jurisdictional strategic planning, and conceptual
design in substantially the same form as Attachment 1 to the report and authorize
the City Manager to execute the contract when all necessary conditions have been
met, and 2) approve a 10% contract contingency in the amount of $26,682, and 3)
Find that the Action is exempt from the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines Section 15262 (Feasibility and Planning Studies), and
4) Approve Budget Modification No.13 in the amount of $93,497.
1.G 17-0893 Award of Contract to Recondition the Harris/AMFAB
Transpack Compactor at the SMaRT Station (F18-004) and
Finding of CEQA Categorical Exemption
1) Make a finding of 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 $168,700 to Western Baler & Conveyor, Inc. and
authorize the City Manager to execute the contract when all necessary conditions
have been met; and 3) approve a 10% contingency for the project
1.H 17-0942 Office of Emergency Services Project Update and Approval of
Budget Modification No. 17 in the Amount of $200,000 for the
Completion of Disaster Preparedness Plans, Purchase of
Emergency Shelter Supplies, and Upgrades to the Department
of Public Safety Office of Emergency Services
Communications Systems
Approve Budget Modification No. 17 in the amount of $200,000 to fund Office of
Emergency Services project activities including Disaster Preparedness Plans,
Emergency Shelter Supplies, and Communications Systems Upgrades.
1.I 17-0951 Approve the 2018 Sustainability Speaker Series
Interim Director of Environmental Services Melody Tovar and Director of Finance
Tim Kirby responded to Council questions.
Public Hearing opened at 7:27 p.m.
No speakers.
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City Council Meeting Minutes - Final October 17, 2017
Public Hearing closed at 7:27 p.m.
MOTION: Councilmember Griffith moved and Councilmember Klein seconded the
motion to approve the 2018 Sustainability Speaker Series topics with a limit of four
topics as originaly mandated by Council policy, and to make whatever budgetary
adjustments are necessary such that we don't have carryover that figures into this
for future years.
The motion carried by the following vote:
Yes: 5 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Klein
Councilmember Goldman
No: 1 - Councilmember Smith
Abstain: 1 - Councilmember Melton
1.J 17-0960 Appoint Maria Lucero to the NOVA Workforce Board
Appoint Ms. Maria Lucero to the NOVA Workforce Board.
1.K 17-0968 Adopt Resolutions Approving Amendments to the City’s
Contribution for CalPERS Medical Insurance for Management,
SEA, Confidential and SEIU Employees and Annuitants
(Retirees)
Adopt two resolutions: (1) setting the employer’s contribution under the Public
Employee’s Medical and Hospital Care Act (“PEMHCA”) for 2018, 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.
PUBLIC HEARINGS/GENERAL BUSINESS
2 17-0892 Proposed Project: Introduction of Ordinance to REZONE 24
Contiguous Single Family Home Lots from R-0 (Low Density
Residential) to R-0/S (Low Density Residential/Single-Story)
and One Single Family Home Lot (with 2 assessor parcels)
from R-0/PD (Low Density Residential/Planned Development)
to R-0/S/PD (Low Density Residential/Single-Story/Planned
Development) (25 lots total)
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City Council Meeting Minutes - Final October 17, 2017
File #: 2017-7565
Location: 1666-1698 Swallow Drive (Assessor Parcel Number
313-41-010 thru 012, 313-41-027 and 028), 1104-1121 Lorne
Way (APNs 313-41-013 thru 026), 1103-1111 Homestead
Road (APNs 313-41-005 thru 009) and 18771 East Homestead
Road (APNs 313-41-070 and 071).
Zoning: R-0 and R-0/PD for 18771 Homestead Road
Applicant / Owner: Craig Milito (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) (a 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).
Planner Officer Andrew Miner presented the staff report and a PowerPoint
presentation. Director of Community Development Trudi Ryan and City Attorney
John Nagel provided additional information.
Public Hearing opened at 7:51 p.m.
Stephanie Pestarino spoke in opposition to the rezoning if the Swallow Drive
properties are included citing a disadvantage to some of the property owners.
Public Hearing closed at 7:54 p.m.
MOTION: Vice Mayor Larsson moved and Councilmember Klein seconded the
motion to approve Alternatives 1 and 4: 1) Find the project exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section
15305 and 15061(b)(3); and, 4) Deny the rezone.
FRIENDLY AMENDMENT: Councilmember Klein offered a friendly amendment to
direct staff to add looking at fewer than 20 lots as part of the SSCD study issue.
Vice Mayor Larsson accepted the friendly amendment.
Mayor Hendricks requested the friendly amendment be removed from the motion.
Following discussion, the friendly amendment remained in the motion.
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City Council Meeting Minutes - Final October 17, 2017
The motion as amended by friendly amendment carried by the following vote:
Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Klein
Councilmember Melton
Councilmember Goldman
No: 1 - Councilmember Smith
3 17-0897 Proposed Project: Introduction of Ordinance to REZONE 35
Contiguous Single Family Home Lots from R-1 (Low Density
Residential) to R-1/S (Low Density Residential/Single-Story)
File #: 2017-7556
Location: 801-819 Allison Way (APNs: 323-03-023 through
323-03-026 and APNs: 323-04-034 through 323-04-036),
1315-1381 Lennox Way (APNs: 323-03-027 through
323-03-038), 804-816 Lennox Court (APNs:323-03-039
through 323-03-042), 801-814 Blanchard Way
(APNs:323-03-043 through 323-03-045 and APNs: 323-04-025
through 323-04-027), and 801-814 Beaverton Court
(APNs:323-04-028 through 323-04-033).
Zoning: R-1
Applicant / Owner: Tom Verbure (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) (a 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).
Planning Officer Andrew Miner presented the staff report and a PowerPoint
presentation.
Mayor Hendricks stated the proposal is near his home but he is outside the
boundary limit.
Public Hearing opened at 8:26 p.m.
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Applicant Tom Verbure provided information regarding the proposal and a
PowerPoint presentation.
Lou Wirtz, resident of Blanchard Way, spoke in support of single-story combining
districts.
Public Hearing closed at 8:32 p.m.
MOTION: Vice Mayor Larsson moved and Councilmember Smith 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) Introduce an Ordinance (Attachment 6 of the report)
to Rezone 35 contiguous single family home lots from R-1 (Low Density Residential)
to R-1/S (Low Density Residential/Single-Story).
Deputy City Clerk Lisa Natusch read the ordinance title.
The motion carried by the following vote:
Yes: 7 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Klein
Councilmember Smith
Councilmember Melton
Councilmember Goldman
No: 0
Council recessed at 8:34 p.m.
Council reconvened at 8:42 p.m. with all Councilmembers present.
4 17-0934 Study of Accessory Dwelling Unit Development Standards:
Introduce an Ordinance Amending Sunnyvale Municipal Code
Section 19.68.040 Accessory Dwelling Units (ADUs), Adopt a
Resolution Amending the Master Fee Schedule to Impose
Transportation Impact Fees for Accessory Dwelling Units, and
Find that these Actions are Exempt from CEQA.
Housing Officer Suzanne Ise presented the staff report and a PowerPoint
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presentation. Director of Community Development Trudi Ryan, City Attorney John
Nagel, Director of Finance Tim Kirby, and Planning Officer Trudi Ryan provided
additional information.
Public Hearing opened at 10:10 p.m.
Greg Popovich, Goldbar Builders, spoke regarding their Housing Affordability for
Teacher Stability (HATS) program and in opposition to the deed restriction and lot
size restriction.
David Wessel spoke regarding the City of Mountain View's Accessory Dwelling Unit
regulations and marijuana dispensary regulations, regarding the need for housing,
and in opposition to the lot size limitation.
Richard Mehlinger, on behalf of St. Cyprian's Parish Faith and Justice Committee
and Bay Area Organizing Committee, spoke in favor of liberalizing regulations for
Accessory Dwelling Units.
John Cordes, Bicycle and Pedestrian Advisory Commission Chair speaking for
himself, spoke in support of Alternatives 5, 8, 11, 13 and 14 and in opposition to the
size restrictions in Alternative 1.
Sue Serrone spoke in support of Accessory Dwelling Units and urged Council to
remove lot size restrictions.
Jason Uhlenkott spoke in support of Accessory Dwelling Units and in support of no
minimum lot size restriction, but suggested a 5,000 square foot lot size restriction as
a compromise.
Karen Schlesser urged Council to eliminate the minimum lot size restriction,
eliminate the owner occupancy requirement, reduce the fees and reduce the
parking requirement.
Josh Barousse, SV@Home, spoke in support of Accessory Dwelling Units to
address the housing crisis.
Arthur Low spoke in support of making it easier to have Accessory Dwelling Units in
Sunnyvale.
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Firoz Pradhan spoke in support of less restrictions on Accessory Dwelling Units.
Public Hearing closed at 10:39 p.m.
MOTION: Councilmember Klein moved and Vice Mayor Larsson seconded the
motion to approve Alternatives 1 with modifications, 5, 8, 11, 13 and 14: 1) Introduce
an ordinance to reduce the minimum lot size for Accessory Dwelling Units (ADUs) to
8,000 square feet in the R-1 zoning district and to 6,000 square feet in the R-0
zoning district; 5) Retain the 20-year owner-occupancy requirement and deed
restriction; 8) Adopt a Resolution amending the Master Fee Schedule to establish
the Transportation Impact Fee (TIF) for ADUs as the same as the multi-family rate
(Attachment 8 to the report); 11) Modify the requirement that the entry door of ADU
not face the public street (included in proposed ordinance, Attachment 7 of the
report); 13) Find that the amendments to Sunnyvale Municipal Code Section
19.68.040 are exempt from the California Environmental Quality Act (CEQA)
pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines
Section 15378(b)(4); and 14) Find that the amendments to the Master Fee Schedule
are exempt from CEQA pursuant to CEQA Guidelines Section 15378(b)(4); and
direct staff to come back to Council with a description of a rollout from an
educational standpoint of the change in the rules from the City code standpoint.
CLARIFIED MOTION: Councilmember Klein moved and Vice Mayor Larsson
seconded the motion to approve Alternatives 1 (modified), 5, 8, 11, 13 and 14: 1)
Introduce an ordinance to reduce the minimum lot size for Accessory Dwelling Units
(ADUs) to 8,000 square feet in the R-1 zoning district and to 6,000 square feet in
the R-0 zoning district; 5) Retain the 20-year owner-occupancy requirement and
deed restriction; 8) Adopt a Resolution amending the Master Fee Schedule to
establish the Transportation Impact Fee (TIF) for ADUs as the same as the
multi-family rate (Attachment 8 to the report); 11) Modify the requirement that the
entry door of ADU not face the public street (included in proposed ordinance,
Attachment 7 of the report); 13) Find that the amendments to Sunnyvale Municipal
Code Section 19.68.040 are exempt from the California Environmental Quality Act
(CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA
Guidelines Section 15378(b)(4); and 14) Find that the amendments to the Master
Fee Schedule are exempt from CEQA pursuant to CEQA Guidelines Section
15378(b)(4); and direct staff to communicate the information regarding the changes
via the City website, social media and the quarterly report.
FRIENDLY AMENDMENT: Mayor Hendricks offered a friendly amendment to
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City Council Meeting Minutes - Final October 17, 2017
change the deed restriction from 20-years to permanent.
Councilmember Klein declined to accept the friendly amendment.
FRIENDLY AMENDMENT: Councilmember Melton offered a friendly amendment to
agendize for a future meeting and direct staff to come back with a potential waiver
or exemption for parking for legal non-conforming properties; in a situation where a
property is legal non-conforming with regard to parking, if an application is made for
an ADU, then a waiver or exemption is in place in the municipal code such that the
property does not have to be brought to legal conforming status with regards to
parking.
Councilmember Klein declined to accept the friendly amendment.
AMENDMENT: Councilmember Melton moved to amend the motion and
Councilmember Goldman seconded to agendize for a future meeting and direct staff
to come back with a potential waiver or exemption for parking for legal
non-conforming properties; in a situation where a property is legal non-conforming
with regard to parking, if an application is made for an ADU, then a waiver or
exemption is in place in the municipal code such that the property does not have to
be brought to legal conforming status with regard to parking.
The motion to amend failed by the following vote:
Yes: 1 - Councilmember Melton
No: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Klein
Councilmember Smith
Councilmember Goldman
FRIENDLY AMENDMENT: Councilmember Melton offered a friendly amendment to
propose a study issue as part of this motion regarding a waiver or exemption for
parking for legal non-conforming properties who apply for an Accessory Dwelling
Unit.
Councilmember Klein declined to accept the friendly amendment.
AMENDMENT: Mayor Hendricks moved to amend the motion and Councilmember
Griffith seconded to change the 20-year deed restriction to permanent.
The motion to amend carried by the following vote:
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City Council Meeting Minutes - Final October 17, 2017
Yes: 5 - Mayor Hendricks
Councilmember Griffith
Councilmember Smith
Councilmember Melton
Councilmember Goldman
No: 2 - Vice Mayor Larsson
Councilmember Klein
Deputy City Clerk Lisa Natusch read the ordinance title.
The motion as amended carried by the following vote:
Yes: 6 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Klein
Councilmember Smith
Councilmember Melton
No: 1 - Councilmember Goldman
5 17-0762 Establish the Total Number of Members of the 2017/18
Charter Review Committee to Consider Amendments to
Charter Section 604, Provide Direction on the Selection
Process for Committee Membership, and Direct Staff to Set the
Appointment of Committee Members for a Future Council
Meeting
Deputy City Clerk Lisa Natusch presented the staff report. City Attorney John Nagel
provided additional information.
Public Hearing opened at 11:30 p.m.
No speakers.
Public Hearing closed at 11:30 p.m.
MOTION: Councilmember Griffith moved and Councilmember Smith seconded the
motion to establish the total number of members of the Charter Review Committee
to be 11 members and appoint them via the recruitment and appointment process
similar to the City's boards and commissions.
The motion carried by the following vote:
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City Council Meeting Minutes - Final October 17, 2017
Yes: 7 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Klein
Councilmember Smith
Councilmember Melton
Councilmember Goldman
No: 0
MOTION: Vice Mayor Larsson moved and Councilmember Klein seconded the
motion to continue with Councilmember Reports on Activities from Intergovernmental
Committee Assignments, Non-Agenda Items & Comments, and Information Only
items.
Yes: 7 - Mayor Hendricks
Vice Mayor Larsson
Councilmember Griffith
Councilmember Klein
Councilmember Smith
Councilmember Melton
Councilmember Goldman
No: 0
COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
Councilmember Klein reported his attendance at a meeting of the State Route 85
Corridor Policy Advisory Board and announced upcoming outreach meetings
regarding the State Route 85 Transit Guideway Study.
Councilmember Griffith reported his attendance at meetings of the Silicon Valley
Clean Energy Authority.
Councilmember Smith reported the October meeting of the CalMod Local Policy
Maker Group is cancelled and the next meeting will be November 30. Smith
reported the next meeting of the El Camino Real Rapid Transit Policy Advisory
Board is October 26.
NON-AGENDA ITEMS & COMMENTS
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City Council Meeting Minutes - Final October 17, 2017
-Council
Councilmember Smith reported her attendance at an event hosted by Stanford in
which the City received recognition for work regarding bicycle safety, specifically for
the Maude Avenue buffered bike lanes project. Smith reported she received a
Stanford Bicycle Commuter Access Study which was released today and
encouraged anyone interested to review it.
Councilmember Melton proposed a study issue regarding legal non-conforming
parking and Accessory Dwelling Units.
Councilmember Melton proposed a study issue regarding Accessory Dwelling Unit
amnesty.
Councilmember Melton stated he would follow up with City Manager Steffens with
additional information.
-City Manager
None.
INFORMATION ONLY REPORTS/ITEMS
17-0750 Tentative Council Meeting Agenda Calendar
17-0852 Information/Action Items
17-0891 Study Session Summary of October 3, 2017 - Evaluation of
Work Plan for New Revenue Strategies to Fund New and
Increasing Service Demands and/or Unfunded Capital
Investments (Study Issue)
17-0225 Board/Commission Meeting Minutes
ADJOURNMENT
Mayor Hendricks adjourned the meeting at 11:40 p.m.
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Agenda
City of Sunnyvale
Notice and Agenda
City Council
Tuesday, October 17, 2017 5:00 PM Council Chambers and West Conference
Room, City Hall, 456 W. Olive Ave.,
Sunnyvale, CA 94086
Special Meetings: Closed Session- 5 PM | Joint Study Session with Bicycle and
Pedestrian Advisory Commission- 5:30 PM | Regular Meeting- 7 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
17-0695 Closed Session held pursuant to California Government Code
Section 54957.6: CONFERENCE WITH LABOR
NEGOTIATORS
Agency designated representatives: Kent Steffens, Interim City
Manager; Teri Silva, Interim Assistant City Manager; Anthony
Giles, Interim Director of Human Resources
Employee organization: Communication Officers Association
(COA)
5 Adjourn Special Meeting
5:30 P.M. SPECIAL COUNCIL MEETING (Joint Study Session with the Bicycle and
Pedestrian Advisory Commission)
1 Call to Order in the Council Chambers (Open to the Public)
2 Roll Call
City of Sunnyvale Page 1 Printed on 10/12/2017
City Council Notice and Agenda October 17, 2017
3 Public Comment
4 Joint Study Session
17-0578 Caltrain Grade Separation Feasibility Study
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
SPECIAL ORDER OF THE DAY
17-0815 SPECIAL ORDER OF THE DAY - Freedom from Workplace
Bullying Week
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
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City Council Notice and Agenda October 17, 2017
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 17-0237 Approve City Council Meeting Minutes of September 26, 2017
Recommendation: Approve the City Council Meeting Minutes of September 26,
2017 as submitted.
1.B 17-0430 Approve City Council Meeting Minutes of October 3, 2017
Recommendation: Approve the City Council Meeting Minutes of October 3, 2017
as submitted.
1.C 17-0189 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 17-0850 Authorize the Issuance of a Purchase Order for One Aggregate
Chip Spreader (F18-005) in the amount of $274,680 and
Approve Budget Modification No. 16
Recommendation: Authorize the issuance of a Purchase Order in the amount of
$274,680, in substantially the same form as Attachment 2 to
the report, to EDECO Southwest Service Company, LLC for
one (1) Aggregate Chip Spreader and Approve Budget
Modification No. 16 in the amount of $304,680.
1.E 17-0861 Authorize the issuance of a Purchase Order for the Purchase
of Four Printed Seasonal Activity Guides (F18-026) for the
Department of Library and Community Services
Recommendation: 1) Authorize the issuance of a Purchase Order in the amount
of $110,240 to Almaden Press to produce four Printed
Seasonal Activity Guides; and 2) Authorize the City Manager
to approve change orders to the Purchase Order within the bid
amount of $110,240.
1.F 17-0866 Award of Contract for Consulting Engineering and Establishing
Jurisdictional Partnerships at the Sunnyvale Materials
Recovery and Transfer Station (F17-141), Find that the Action
is Exempt from CEQA Pursuant to CEQA Guidelines Section
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City Council Notice and Agenda October 17, 2017
15262, and Approve Budget Modification No.13
Recommendation: 1) Award a contract in an amount not to exceed $266,815 to
HDR Engineering, Inc. to provide professional services for the
development and implementation of institutional infrastructure,
multi-jurisdictional strategic planning, and conceptual design in
substantially the same form as Attachment 1 to the report and
authorize the City Manager to execute the contract when all
necessary conditions have been met, and 2) approve a 10%
contract contingency in the amount of $26,682, and 3) Find
that the Action is exempt from the California Environmental
Quality Act (CEQA) pursuant to CEQA Guidelines Section
15262 (Feasibility and Planning Studies), and 4) Approve
Budget Modification No.13 in the amount of $93,497.
1.G 17-0893 Award of Contract to Recondition the Harris/AMFAB
Transpack Compactor at the SMaRT Station (F18-004) and
Finding of CEQA Categorical Exemption
Recommendation: 1) Make a finding of 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
$168,700 to Western Baler & Conveyor, Inc. and authorize the
City Manager to execute the contract when all necessary
conditions have been met; and 3) approve a 10% contingency
for the project
1.H 17-0942 Office of Emergency Services Project Update and Approval of
Budget Modification No. 17 in the Amount of $200,000 for the
Completion of Disaster Preparedness Plans, Purchase of
Emergency Shelter Supplies, and Upgrades to the Department
of Public Safety Office of Emergency Services
Communications Systems
Recommendation: Approve Budget Modification No. 17 in the amount of
$200,000 to fund Office of Emergency Services project
activities including Disaster Preparedness Plans, Emergency
Shelter Supplies, and Communications Systems Upgrades.
1.I 17-0951 Approve the 2018 Sustainability Speaker Series
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City Council Notice and Agenda October 17, 2017
Recommendation: Approve the 2018 Sustainability Speaker Series Topics as
proposed by the Sustainability Commission, with the proviso
that implementation of up to six events in 2018 will be
contingent on speaker availability, staffing resources, and
available budget.
1.J 17-0960 Appoint Maria Lucero to the NOVA Workforce Board
Recommendation: Appoint Ms. Maria Lucero to the NOVA Workforce Board.
1.K 17-0968 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) setting the employer's contribution
under the Public Employee's Medical and Hospital Care Act
("PEMHCA") for 2018, 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.
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 17-0892 Proposed Project: Introduction of Ordinance to REZONE 24
Contiguous Single Family Home Lots from R-0 (Low Density
Residential) to R-0/S (Low Density Residential/Single-Story)
and One Single Family Home Lot (with 2 assessor parcels)
from R-0/PD (Low Density Residential/Planned Development)
to R-0/S/PD (Low Density Residential/Single-Story/Planned
Development) (25 lots total)
File #: 2017-7565
Location: 1666-1698 Swallow Drive (Assessor Parcel Number
313-41-010 thru 012, 313-41-027 and 028), 1104-1121 Lorne
Way (APNs 313-41-013 thru 026), 1103-1111 Homestead
Road (APNs 313-41-005 thru 009) and 18771 East
City of Sunnyvale Page 5 Printed on 10/12/2017
City Council Notice and Agenda October 17, 2017
Homestead Road (APNs 313-41-070 and 071).
Zoning: R-0 and R-0/PD for 18771 Homestead Road
Applicant / Owner: Craig Milito (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) (a 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).
Recommendation: Alternatives 1 and 4: 1) Find the project exempt from the
California Environmental Quality Act (CEQA) pursuant to
CEQA Guidelines Section 15305 and 15061(b)(3); and, 4)
Deny the rezone.
3 17-0897 Proposed Project: Introduction of Ordinance to REZONE 35
Contiguous Single Family Home Lots from R-1 (Low Density
Residential) to R-1/S (Low Density Residential/Single-Story)
File #: 2017-7556
Location: 801-819 Allison Way (APNs: 323-03-023 through
323-03-026 and APNs: 323-04-034 through 323-04-036),
1315-1381 Lennox Way (APNs: 323-03-027 through
323-03-038), 804-816 Lennox Court (APNs:323-03-039
through 323-03-042), 801-814 Blanchard Way
(APNs:323-03-043 through 323-03-045 and APNs: 323-04-025
through 323-04-027), and 801-814 Beaverton Court
(APNs:323-04-028 through 323-04-033).
Zoning: R-1
Applicant / Owner: Tom Verbure (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) (a 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 17, 2017
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)
Introduce an Ordinance (Attachment 6 of the report) to Rezone
35 contiguous single family home lots from R-1 (Low Density
Residential) to R-1/S (Low Density Residential/Single-Story).
4 17-0934 Study of Accessory Dwelling Unit Development Standards:
Introduce an Ordinance Amending Sunnyvale Municipal Code
Section 19.68.040 Accessory Dwelling Units (ADUs), Adopt a
Resolution Amending the Master Fee Schedule to Impose
Transportation Impact Fees for Accessory Dwelling Units, and
Find that these Actions are Exempt from CEQA.
Recommendation: Alternatives 1, 5, 8, 11, 13 and 14: 1) Introduce an ordinance
to reduce the minimum lot size for Accessory Dwelling Units
(ADUs) to 8,000 square feet in the R-1 zoning district and to
7,000 square feet in the R-0 zoning district; 5) Retain the
20-year owner-occupancy requirement and deed restriction; 8)
Adopt a Resolution amending the Master Fee Schedule to
establish the Transportation Impact Fee (TIF) for ADUs as the
same as the multi-family rate (Attachment 8 to the report); 11)
Modify the requirement that the entry door of ADU not face the
public street (included in proposed ordinance, Attachment 7 of
the report); 13) Find that the amendments to Sunnyvale
Municipal Code Section 19.68.040 are exempt from the
California Environmental Quality Act (CEQA) pursuant to
Public Resources Code Section 21080.17 and CEQA
Guidelines Section 15378(b)(4); and 14) Find that the
amendments to the Master Fee Schedule are exempt from
CEQA pursuant to CEQA Guidelines Section 15378(b)(4).
5 17-0762 Establish the Total Number of Members of the 2017/18
Charter Review Committee to Consider Amendments to
Charter Section 604, Provide Direction on the Selection
Process for Committee Membership, and Direct Staff to Set
the Appointment of Committee Members for a Future Council
Meeting
Recommendation: Staff makes no recommendation.
City of Sunnyvale Page 7 Printed on 10/12/2017
City Council Notice and Agenda October 17, 2017
COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
NON-AGENDA ITEMS & COMMENTS
-Council
-City Manager
INFORMATION ONLY REPORTS/ITEMS
17-0750 Tentative Council Meeting Agenda Calendar
17-0852 Information/Action Items
17-0891 Study Session Summary of October 3, 2017 - Evaluation of
Work Plan for New Revenue Strategies to Fund New and
Increasing Service Demands and/or Unfunded Capital
Investments (Study Issue)
17-0225 Board/Commission Meeting Minutes
ADJOURNMENT
NOTICE TO THE PUBLIC
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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
City of Sunnyvale Page 8 Printed on 10/12/2017
City Council Notice and Agenda October 17, 2017
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.
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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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available on the City website at sunnyvale.ca.gov.
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please provide 12 copies of the materials to the City Clerk (located to the left of
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City of Sunnyvale Page 9 Printed on 10/12/2017
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