City Council
Regular MeetingSunnyvale, CA · June 26, 2018
Minutes
City of Sunnyvale
Meeting Minutes - Final
City Council
Tuesday, June 26, 2018 5:00 PM Council Chambers and West Conference
Room, City Hall, 456 W. Olive Ave.,
Sunnyvale, CA 94086
Special Meeting - Closed Session- 5 PM | Regular Meeting- 7 PM | Special Joint
Meetings: City Council and the Redevelopment Successor Agency; City Council and
the Sunnyvale Financing Authority- 7 PM
TELECONFERENCE NOTICE
5 P.M. SPECIAL COUNCIL MEETING (Closed Session)
Vice Mayor Klein announced the items for Closed Session and invited any members
of the public who wished to address the Council regarding these items to comment.
Councilmember Larsson announced the items for Closed Session at the
teleconference location. There were no speakers wishing to make public comments
at that location.
1 Call to Order in the West Conference Room (Open to the Public)
Vice Mayor Klein called the meeting to order at 5:01 p.m.
2 Roll Call
Present: 7 - Mayor Glenn Hendricks
Vice Mayor Larry Klein
Councilmember Jim Griffith
Councilmember Gustav Larsson
Councilmember Nancy Smith
Councilmember Russ Melton
Councilmember Michael S. Goldman
3 Public Comment
No speakers.
4 Convene to Closed Session
18-0580 Closed Session held pursuant to California Government Code
Section 54957.6: CONFERENCE WITH LABOR
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NEGOTIATORS
Agency designated representatives: Council Compensation
Subcommittee Members Glenn Hendricks, Larry Klein, Russ
Melton
Unrepresented Employee: City Attorney
18-0448 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED
LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision
(d) of Section 54956.9: One case
5 Adjourn Special Meeting
Vice Mayor Klein adjourned the meeting at 6:21 p.m.
7 P.M. COUNCIL MEETING
CALL TO ORDER
Mayor Hendricks called the meeting to order.
SALUTE TO THE FLAG
Mayor Hendricks lead the salute to the flag.
ROLL CALL
Present: 7 - Mayor Glenn Hendricks
Vice Mayor Larry Klein
Councilmember Jim Griffith
Councilmember Gustav Larsson
Councilmember Nancy Smith
Councilmember Russ Melton
Councilmember Michael S. Goldman
CLOSED SESSION REPORT
Vice Mayor Klein reported that the Council met in Closed Session pursuant to
California Government Code Section 54957.6: CONFERENCE WITH LABOR
NEGOTIATORS for Unrepresented Employee City Attorney; nothing to report.
Vice Mayor Klein reported that the Council met in Closed Session CONFERENCE
WITH LEGAL COUNSEL ANTICIPATED LITIGATION Initiation of litigation pursuant
to paragraph (4) of subdivision (d) of Section 54956.9: One case; nothing to report.
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SPECIAL ORDER OF THE DAY
18-0301 SPECIAL ORDER OF THE DAY - Parks and Recreation
Month
Mayor Hendricks presented a proclamation for Parks and Recreation Month to
Director of Library and Community Services Cynthia Bojorquez and Director of
Public Works Chip Taylor.
ORAL COMMUNICATIONS
Councilmember Griffith announced an upcoming application deadline for Boards
and Commissions.
Mayor Hendrick announced a Town Hall meeting on Aviation Noise is scheduled for
August 21, 2018 at 6:00 p.m. at the Sunnyvale Community City Ballroom.
Steve Scandalis provided information and a slide presentation regarding the 2016
Measure M on the Sunnyvale Public Lands Act and campaign contributions.
Andy Frazer provided information and a slide presentation on World Oceans
Day/Week.
Joshua Grossman spoke regarding campaign finance reform and the PARCS
proposal.
Michael Lee spoke in opposition to the installation of small node cell utility
equipment in his residential area and provided written materials.
Sonya Lee spoke in opposition to the installation of small node cell equipment and
requested the city to readdress the policy on allowing node cell equipment in
residential areas.
Maria Hamilton spoke regarding new infill developments, destruction of single family
neighborhoods, and updating the General Plan.
Deborah Marks extended an invitation from Sunnyvale Urban Forest Advocates
(SUFA) to a walking tour of the Civic Center trees.
Tap Merrick spoke regarding loss of public access to parts of Sunnyvale property at
Raynor Park and expressed concerns on the City losing the rights to the property
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going forward.
Henry Alexander III spoke on transparency in government and provided a slide
presentation.
David Wessel spoke regarding cell towers in residential neighborhoods and
suggested moving towers into commercial areas. Mr. Wessel also spoke on an
action taken by the Planning Commission.
Councilmember Larsson reported no speakers were present to address the council
from the teleconference location.
CONSENT CALENDAR
MOTION: Vice Mayor Klein moved and Councilmember Melton seconded the motion
to approve the Consent Calendar.
The motion carried by the following vote:
Present: 7 - Mayor Glenn Hendricks
Vice Mayor Larry Klein
Councilmember Jim Griffith
Councilmember Gustav Larsson
Councilmember Nancy Smith
Councilmember Russ Melton
Councilmember Michael S. Goldman
1.A 18-0436 Approve City Council Meeting Minutes of June 12, 2018
1.B 17-1114 Approve the List(s) of Claims and Bills Approved for Payment
by the City Manager
1.C 18-0500 Approve NOVA as America’s Job Center of California (AJCC)
Operator for NOVA Workforce Development Area
1.D 18-0447 Approve Grant Acceptance and Budget Modification No. 52 to
Appropriate $698,625 from the State of California Department
of Transportation (Caltrans) Railway-Highway Crossings
(Section 130) for Grade Crossing Safety Improvements at
Mary Avenue and Caltrain Track CPUC No. 105E-37.90,
Federal DOT No. 755037V; and Authorize the City Manager to
Execute All Grant Related Documents
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1.E 18-0450 Approve a Transportation/Traffic Impact Fee Reimbursement
Agreement with Remington LLC for the Construction of
Intersection Improvements at 1010 Sunnyvale Saratoga Road
and Approve Budget Modification No. 51 to appropriate
$417,831 to a New Project, Improvements at Sunnyvale
Saratoga Road and Remington Drive.
1.F 18-0520 Accept the Highway Safety Improvement Program Grant of
$844,800, and Approve Budget Modification No. 53 to
Appropriate the Grants to Fund the Advance Dilemma Zone
Detection Project.
1.G 18-0523 Amend an Existing Agreement with Synagro-WWT for
Dredging and Dewatering of solids at the Water Pollution
Control Plant (F18-287)
1.H 18-0537 Adopt a Resolution Amending the City's Salary Resolution and
the Schedule of Pay to Increase Salaries for Pay Plan
Category C (Public Safety Officers Association) and Pay Plan
Category M (Public Safety Managers Association)
1.I 18-0498 Approval of Budget Modification No. 50 in the amount of
$300,000 for Public Safety Emergency Generator Rental
1.J 18-0443 Approve Budget Modification No. 54 to Appropriate $250,000
to Fiscal Year 2017/18 for the All-Inclusive Playground Project
1.K 18-0553 Authorize Amending an Existing Contract for Traffic Signal
Maintenance Services (F18-296) and Approve Budget
Modification No. 55
ADJOURN TO SPECIAL JOINT MEETING OF THE CITY COUNCIL AND
REDEVELOPMENT SUCCESSOR AGENCY
Mayor Hendricks adjourned to the Special Joint Meeting of the City Council and
Redevelopment Successor Agency at 7:38 p.m.
CALL TO ORDER
Mayor / Agency Chair Hendricks called the Joint Meeting to order at 7:38 p.m.
ROLL CALL
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Present: 7 - Mayor/Agency Chair Glenn Hendricks
Vice Mayor/Agency Vice Chair Larry Klein
Councilmember/Agency Member Jim Griffith
Councilmember/Agency Member Gustav Larsson
Councilmember/Agency Member Nancy Smith
Councilmember/Agency Member Russ Melton
Councilmember/Agency Member Michael S. Goldman
PUBLIC HEARING/GENERAL BUSINESS
2 18-0556 Approve the Fourth 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 Attorney John Nagel provided the staff report.
Public Hearing opened at 7:40 p.m.
No speakers.
Public Hearing closed at 7:40 p.m.
City Council:
MOTION: Councilmember Smith moved and Vice Mayor Klein seconded the motion
to authorize the City Attorney to execute a Fourth 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 $25,000,
for a new not to exceed contract amount of $245,000.
The motion carried by the following vote:
Yes: 7 - Mayor Hendricks
Vice Mayor Klein
Councilmember Griffith
Councilmember Larsson
Councilmember Smith
Councilmember Melton
Councilmember Goldman
No: 0
Redevelopment Successor Agency:
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MOTION: Agency Member Smith moved and Agency Member Klein seconded the
motion to authorize the Agency Counsel to execute a Fourth 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 $25,000, for a new not to exceed contract amount of $245,000.
The motion carried by the following vote:
Yes: 7 - Mayor/Agency Chair Glen Hendricks
Vice Mayor/Agency Chair Larry Klein
Councilmember/Agency Member Jim Griffith
Councilmember/Agency Member Gustav Larsson
Councilmember/Agency Member Nancy Smith
Councilmember/Agency Member Russ Melton
Councilmember/Agency Member Michael S. Goldman
No: 0
ADJOURN TO SPECIAL JOINT MEETING OF THE CITY COUNCIL AND SUNNYVALE
FINANCING AUTHORITY
Mayor Hendricks adjourned to the Special Joint Meeting of the City Council and
Sunnyvale Financing Authority at 7:43 p.m.
CALL TO ORDER
Mayor / Authority Member Hendricks called the meeting to order at 7:43 p.m.
ROLL CALL
Present: 7 - Mayor/Authority Chair Glenn Hendricks
Vice Mayor/Authority Vice Chair Larry Klein
Councilmember/Authority Member Jim Griffith
Councilmember/Authority Member Gustav Larsson
Councilmember/Authority Member Nancy Smith
Councilmember/Authority Member Russ Melton
Councilmember/Authority Member Michael S. Goldman
PUBLIC HEARINGS/GENERAL BUSINESS
3 18-0063 City Council Adoption of the FY 2018/19 Budget, Fee
Schedule, and Appropriations Limit and Sunnyvale Financing
Authority Adoption of the FY 2018/19 Budget
Director of Finance Tim Kirby and Kenn Lee provided the staff report.
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Public Hearing opened at 7:45 p.m.
No speakers.
Public Hearing closed at 7:45 p.m.
City Council:
MOTION: Vice Mayor Klein moved and Councilmember Melton seconded the motion
to approve Alternative 1: Adopt the resolutions presented as Attachment 1 (including
Exhibit A), attachment 2 (including Exhibits A through D), and Attachment 3
(including Exhibit A) to the report that provide for the adoption of the FY 2018/19
Fee Schedule, Budget, and Appropriations Limit.
AMENDED MOTION: Vice Mayor Klein amended his motion to approve Alternative
1 only. Councilmember Melton seconded the amended motion.
The amended motion carried by the following vote:
Yes: 7 - Mayor Hendricks
Vice Mayor Klein
Councilmember Griffith
Councilmember Larsson
Councilmember Smith
Councilmember Melton
Councilmember Goldman
No: 0
Sunnyvale Financing Authority:
MOTION: Authority Member Melton moved and Authority Member Smith seconded
the motion to approve Alternative 2: Adopt the FY 2018/19 Budget Resolution
(Sunnyvale Financing Authority) presented as Attachment 4 to the report.
The motion carried by the following vote:
Yes: 7 - Mayor/Authority Chair Glen Hendricks
Vice Mayor/Authority Chair Larry Klein
Councilmember/Authority Member Jim Griffith
Councilmember/Authority Member Gustav Larsson
Councilmember/Authority Member Nancy Smith
Councilmember/Authority Member Russ Melton
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Councilmember/Authority Member Michael S. Goldman
No: 0
ADJOURN SPECIAL MEETING
Mayor Hendricks adjourned the special meeting at 8:00 p.m.
Council recessed at 8:00 p.m.
RECONVENE TO CITY COUNCIL MEETING
Council reconvened at 8:06 p.m.
RECONVENE TO CITY COUNCIL MEETING
PUBLIC HEARINGS/GENERAL BUSINESS
4 18-0592 Approve the Statement Supporting the US Conference of
Mayors to Reverse the Department of Homeland Security’s
Family Separation Policies, and Authorize the Mayor to
Advocate Against Such Policies
Mayor Hendricks and Councilmember Griffith presented the report.
Public hearing opened at 8:15 p.m.
Zoe Levitt, Working Partnerships USA, spoke regarding the organization and spoke
in support of the letter. She urged the Council to consider additional action which
includes not working with the companies that do not align with the City’s values and
not supporting companies that are currently enabling the Trump administration to
continue its daily human rights abuses.
Reverend Deborah Simons spoke in support of the letter and requested the Council
demand the US government stop family separations.
Margaret Okuzumi spoke in support of the letter and urged the support of abolishing
Immigration and Customs Enforcement (ICE).
Asaboubacar Ndiaye spoke in support of the letter with the additional language and
suggested that the City look at the contracts it has awarded to ensure the
companies are in alignment with the values of the City.
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Joyce Eden spoke in support of the letter and requested that the letter be amended
to include a language that accounts for every child’s whereabouts and familial
relationship.
John Cordes spoke in support of the letter as amended to hold DHS leadership
accountable.
Mason Fong spoke in support of the letter and encouraged involvement in an action
forum.
Tap Merrick spoke in support of the letter and urged the Council to denounce
President Trump and his political party.
Public Hearing closed at 8:33 p.m.
MOTION: Councilmember Melton moved and Councilmember Smith seconded the
motion to Alternative 1: Approve and authorize the Mayor to sign the Statement
Supporting the US Conference of Mayors to Reverse the Department of Homeland
Security’s Family Separation Policies and Authorize the Mayor to Advocate Against
Such Policies.
FORMAL AMENDMENT: Councilmember Melton moved an amendment to insert a
paragraph that the Council joins US Senator Kamala Harris and Congressman Ro
Khanna in calling for the resignation of DHS Director Kirstjen Nielsen.
Councilmember Smith seconded the motion.
The motion to amend the main motion carried by the following vote:
Yes: 6 - Mayor Hendricks
Vice Mayor Klein
Councilmember Griffith
Councilmember Larsson
Councilmember Smith
Councilmember Melton
No: 0
Abstain: 1 - Councilmember Goldman
The amended motion carried by the following vote:
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Yes: 7 - Mayor Hendricks
Vice Mayor Klein
Councilmember Griffith
Councilmember Larsson
Councilmember Smith
Councilmember Melton
Councilmember Goldman
No: 0
The Council recessed at 8:58 p.m. and reconvened at 9:05 p.m. with all
Councilmembers present.
5 18-0304 Proposed Utility Rate Increases for FY 2018/19 Rates for
Water, Wastewater, and Solid Waste Utilities for Services
Provided to Customers Within and Outside City Boundaries;
Finding of CEQA Exemption Pursuant to Public Resource
Code Section 21080(b)(8) and CEQA Guidelines Section
15273
Director of Finance Tim Kirby provided the staff report. Chief Financial Officer for
the Santa Clara Valley Water District Darren Taylor provided additional information
and a slide presentation.
Public Hearing opened at 9:56 p.m.
No speakers.
Public Hearing closed at 9:56 p.m.
MOTION: Councilmember Griffith moved and Councilmember Melton seconded the
motion to approve Alternatives 1 and 2: 1) Find that the project is exempt from the
California Environmental Quality Act (CEQA) pursuant to Public Resources Code
Section 21080(b)(8) and CEQA Guidelines Section 15273 because it approves
rates and charges for the purposes of (1) meeting operating expenses, including
employee wage rates and fringe benefits; (2) purchasing or leasing supplies,
equipment or materials; (3) meeting financial reserve needs and requirements; and
(4) obtaining funds for capital projects necessary to maintain current service levels;
and 2) Adopt a resolution increasing water, wastewater, and solid waste rates for
FY 2018/19.
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The motion carried by the following vote:
Yes: 7 - Mayor Hendricks
Vice Mayor Klein
Councilmember Griffith
Councilmember Larsson
Councilmember Smith
Councilmember Melton
Councilmember Goldman
No: 0
6 18-0315 Adopt a Resolution to Cause Charges for Non-Payment of
Delinquent Utility Charges to be placed on the FY 2018/19
County of Santa Clara Property Tax Roll
Director of Finance Tim Kirby provided the staff report and noted there is a revised
attachment that will be included in the resolution.
Public Hearing opened at 10:04 p.m.
No speakers.
Public Hearing closed at 10:04 p.m.
MOTION: Councilmember Griffith moved and Councilmember Melton seconded the
motion to approve Alternative 1: Adopt a Resolution to Cause Charges for Non
Payment of Delinquent Utility Charges to be placed on the FY 2018/19 County of
Santa Clara Property Tax Roll as amended by the Director of Finance Tim Kirby to
include the amended attachment.
The motion carried by the following vote:
Yes: 7 - Mayor Hendricks
Vice Mayor Klein
Councilmember Griffith
Councilmember Larsson
Councilmember Smith
Councilmember Melton
Councilmember Goldman
No: 0
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7 18-0528 Introduce an ordinance amending Sunnyvale Municipal Code
(SMC) Chapter 2.07 to add special requirements for approval
of certain sale and lease agreements involving publicly
accessible recreation and city service (PARCS) properties,
and adopt a Resolution approving the list of PARCS properties
subject to the requirements of the amended SMC Chapter 2.07
Interim Deputy City Manager Jane Chambers provided the staff report. Property
Administrator Shireen Nafie and City Attorney John Nagel provided additional
information.
Public Hearing opened at 10:49 p.m.
Peter Cirigliano expressed support for the staff recommendation.
Tap Merrick spoke regarding campaign contributions during the Measure M ballot
measure.
Jean Batryn spoke in support of a ballot measure.
Henry Alexander III spoke in support of a ballot measure and expressed the
importance of increasing transparency. He suggested looking at it from a standpoint
of acreage as opposed to consideration of whether it should be decided by a
supermajority.
Mei-Ling Steffan spoke in opposition to the ordinance and urged Council to direct
staff to prepare a ballot measure similar to the City of Santa Clara.
John Cordes spoke in support of the provision of the ordinance increasing the vote
to a supermajority of six to overturn and recommended putting a measure on the
ballot.
Chris Moylan recommended a ballot measure that the city would never sell a park
without a public vote.
Steve Scandalis recommended adding certain properties or lands on the PARCS
list; he inquired as to whether a supermajority vote counts abstentions, spoke in
support of a ballot measure, and stated he does not support a council vote to
change or add to the PARCS list and if there is a council vote, he supports a vote of
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more than 5.
Holly Lofgren spoke regarding the Santa Clara and Los Altos ballot measures and
urged the Council not to vote on the ordinance and spoke in support of a ballot
measure.
Zachary Kaufman spoke in support of a ballot measure.
Public Hearing closed at 11:18 p.m.
MOTION: Vice Mayor Klein moved and Councilmember Griffith seconded the motion
to approve Alternative 1: Introduce an ordinance amending Sunnyvale Municipal
Code (SMC) Chapter 2.07 to add special requirements for approval of certain sale
and lease agreements involving publicly accessible recreation and city service
(PARCS) properties, and adopt a Resolution approving the list of PARCS properties
subject to the requirements of the amended SMC Chapter 2.07 with the following
changes: include a 4,000 foot noticing, a supermajority of 6 of 7 councilmembers for
the purchase, sale and lease of real property and correct the names on the list as
provided by staff.
FORMAL AMENDMENT: Councilmember Melton moved to amend the requirement
of an affirmative vote of six Councilmembers and make it a vote of five
Councilmembers.
The motion died for lack of a second.
The motion carried by the following vote:
Yes: 5 - Mayor Hendricks
Vice Mayor Klein
Councilmember Griffith
Councilmember Larsson
Councilmember Melton
No: 2 - Councilmember Smith
Councilmember Goldman
MOTION: Councilmember Griffith moved and Councilmember Melton seconded the
motion to continue with the Agenda Item 8.
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Yes: 5 - Mayor Hendricks
Vice Mayor Klein
Councilmember Griffith
Councilmember Smith
Councilmember Melton
No: 2 - Councilmember Larsson
Councilmember Goldman
The Council recessed at 12:26 a.m. and reconvened at 12:36 a.m. with all
Councilmembers present.
8 18-0505 CONTINUED FROM MAY 22, 2018 CITY COUNCIL
MEETING
Amend the Lawrence Station Area Plan: Select a Preferred
Housing Study and Direct Staff to Complete Required
Environmental Review.
Senior Planner George Schroeder provided the staff report. Assistant Director of
Community Development Andy Miner provided additional information.
Public Hearing opened at 1:13 a.m.
Larry Yamaoka spoke in support of Option 3.
John Cordes spoke in support of the Planning Commission recommendation for the
study.
Former Mayor Tony Spitaleri spoke in support of the Planning Commission’s
recommendation for a study.
Mason Fong spoke in support of the Planning Commission recommendation for a
study.
Larry Crist of Intuitive Surgical provided information regarding the company.
Dick Scott spoke in support of Option 1.
James Visso of Kidder Matthews Commercial Real Estate spoke regarding density
and recommended looking at studying 100 units on the eastern side of the LSAP
and the Venture Commerce Center condominiums being built.
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James Peng spoke in support of Option 3 and higher density.
Public Hearing closed at 1:27 a.m.
MOTION: Vice Mayor Klein moved and Councilmember Melton seconded the motion
to adopt Alternative 5: Planning Commission recommendation of Alternatives 1 and
2 with:1) Select Option 3 as the preferred alternative for study, which would
increase the density allowance for MXD-I and MXD-II zoned areas and expand the
area for housing as depicted in Attachment 7 of this report; summarized as: a. Study
an additional 2,839 housing units: increase the total number of allowable housing
units in the LSAP to 5,162 and the maximum density allowed in the MXD-I and
MXD-II-zoned areas to 100 dwelling units per acre; b. Study an expanded area that
allows residential uses to the M-S/LSAP areas east of Calabazas Creek and amend
the zoning for the properties on Reed Avenue between Willow Avenue and
Lawrence Expressway from O-R (Office/Retail) to a mixed-use residential
designation with a maximum residential density of 54 dwelling units per acre; and c.
Study a pedestrian/bicycle route from the area east of Calabazas Creek to the
Lawrence Caltrain Station (Recommended by Planning Commission); and 2) direct
staff to proceed with the study to amend the Lawrence Station Area Plan and the
related environmental review.
Yes: 7 - Mayor Hendricks
Vice Mayor Klein
Councilmember Griffith
Councilmember Larsson
Councilmember Smith
Councilmember Melton
Councilmember Goldman
No: 0
MOTION: Councilmember Melton moved to suspend the rule that no new items or
other Council business will be introduced after 1:30 a.m. and Councilmember Griffith
seconded the motion.
The motion carried by the following vote:
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Yes: 6 - Mayor Hendricks
Vice Mayor Klein
Councilmember Griffith
Councilmember Smith
Councilmember Melton
Councilmember Goldman
No: 1 - Councilmember Larsson
MOTION: Vice Mayor Klein moved and Councilmember Melton seconded the motion
to continue to Item 9.
Yes: 7 - Mayor Hendricks
Vice Mayor Klein
Councilmember Griffith
Councilmember Larsson
Councilmember Smith
Councilmember Melton
Councilmember Goldman
No: 0
9 18-0452 Review and Approve Recommendations from the Community
Event and Neighborhood Grant Distribution Subcommittee and
Approve Budget Modification No. 56 in the Amount of $926 to
Appropriate Funding to the Community Services Program
budget from the Council Service Level Set Aside.
Councilmember Smith provided the staff report.
Public Hearing opened at 1:41 a.m.
No speakers.
Public Hearing closed at 1:41 a.m.
MOTION: Councilmember Smith moved and Councilmember Klein seconded the
motion to: 1. Approve FY 2018/19 Community Event Grants in the amount of
$10,500, itemized as follows:
Organization Event Recommended Grant
Silicon Valley Bicycle Bike to Work Day $1,000
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Coalition
Sunnyvale Downtown 2018/2019 Special Events* $6,100
Association
SV Historical Society 10-Year Anniversary $3,000
& Museum Assoc.
Sunnyvale Urban Forest Sunnyvale Urban $400
Advocates Forest Festival
* SDA submitted grant applications for four of their 2018/2019 community events
including Holiday Tree Lighting, Jazz & Beyond Festival Series, Magic of Sunnyvale
& Wine Stroll and Summer Series. The Subcommittee recommends approving a
single grant in the amount of $6,100 to SDA with eligible expenses to include those
items identified in any of the four grant applications submitted.
2. Approve FY 2018/19 Neighborhood Grants in the amount of $6,500, itemized as
follows:
Neighborhood Group Event/Project Recommended Grant
Cherry Chase NA Fostering Cultural & $1,000
Social Interaction
Cumberland South NA Annual 4th of July $700
Parade & Potluck
Hazelhead Association Hazelhead Association $450
Events
Lakewood Village NA LVNA Picnic 2018 $1,000
Parkington Avenue Group Neighborhood Block Party $500
SNAIL NA National Night Out $1,000
Stevens Creek NA Donate & Dump $250
& Neighbors Night Out
SunnyArts NA SunnyArts Community $650
Pride Building
Traditions of SV Cultural Potluck and $500
Block Party
Valley Forge Group Valley Forge Block Party $450
3. Approve that the remaining balance from the FY 2017/18 NGP, expected to be a
minimum of $557.45, be allocated to SDA to augment the unanticipated costs
related to the updated building code requirements for their event stages.
The motion carried by the following vote:
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Yes: 7 - Mayor Hendricks
Vice Mayor Klein
Councilmember Griffith
Councilmember Larsson
Councilmember Smith
Councilmember Melton
Councilmember Goldman
No: 0
Motion: Councilmember Melton moved and Vice Mayor Klein seconded the motion
to continue to Item 10.
The motion carried by the following vote:
Yes: 7 - Mayor Hendricks
Vice Mayor Klein
Councilmember Griffith
Councilmember Larsson
Councilmember Smith
Councilmember Melton
Councilmember Goldman
No: 0
10 18-0338 Adopt a Resolution to Approve the Final Engineer’s Report,
Confirm the Assessment, and Levy and Collect an Annual
Assessment for The Downtown Parking Maintenance District
for Fiscal Year 2018/19
Mayor Hendricks stated that the Council reviewed the staff report.
Public Hearing opened at 1:43 a.m.
No speakers.
Public Hearing closed at 1:43 a.m.
MOTION: Vice Mayor Klein moved and Councilmember Smith seconded the motion
to approve Alternative 1: Adopt the resolution to approve the Final Engineer's
Report, to confirm the assessment, and levy and collect an annual assessment for
the Downtown Parking Maintenance District for FY 2018/19.
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The motion carried by the following vote:
Yes: 7 - Mayor Hendricks
Vice Mayor Klein
Councilmember Griffith
Councilmember Larsson
Councilmember Smith
Councilmember Melton
Councilmember Goldman
No: 0
COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
NON-AGENDA ITEMS & COMMENTS
-Council
-City Manager
INFORMATION ONLY REPORTS/ITEMS
18-0438 Tentative Council Meeting Agenda Calendar
18-0445 Information/Action Items
18-0529 Notice of Public Works Director’s Decision on Final Maps
(Information Only)
18-0439 Board/Commission Meeting Minutes
ADJOURNMENT
Mayor Hendricks adjourned the meeting at 1:43 a.m.
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Agenda
City of Sunnyvale
Notice and Agenda - Revised
City Council
Tuesday, June 26, 2018 5:00 PM Council Chambers and West Conference
Room, City Hall, 456 W. Olive Ave.,
Sunnyvale, CA 94086
Special Meeting - Closed Session- 5 PM | Regular Meeting- 7 PM | Special Joint
Meetings: City Council and the Redevelopment Successor Agency; City Council and
the Sunnyvale Financing Authority- 7 PM (or as soon thereafter as the matter may be
heard)
TELECONFERENCE NOTICE
Pursuant to Government Code Section 54953(b), this City Council meeting will
include teleconference participation by Councilmember Gustav Larsson from 7216
Baltic Ct, Newtown, OH 45244. This Notice and Agenda will be posted at the
teleconference location. Public comment from this address shall be allowed
pursuant to Government Code Section 54954.3.
5 P.M. SPECIAL COUNCIL MEETING (Closed Session)
1 Call to Order in the West Conference Room (Open to the Public)
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
18-0580 Closed Session held pursuant to California Government Code
Section 54957.6: CONFERENCE WITH LABOR
NEGOTIATORS
Agency designated representatives: Council Compensation
Subcommittee Members Glenn Hendricks, Larry Klein, Russ
Melton
Unrepresented Employee: City Attorney
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City Council Notice and Agenda - Revised June 26, 2018
18-0448 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED
LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision
(d) of Section 54956.9: One case
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
18-0301 SPECIAL ORDER OF THE DAY - Parks and Recreation
Month
ORAL COMMUNICATIONS
This category provides an opportunity for members of the public to address the
City 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 the
Council 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
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City Council Notice and Agenda - Revised June 26, 2018
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 18-0436 Approve City Council Meeting Minutes of June 12, 2018
Recommendation: Approve the City Council Meeting Minutes of June 12, 2018 as
submitted.
1.B 17-1114 Approve the List(s) of Claims and Bills Approved for Payment
by the City Manager
Recommendation: Approve the list(s) of claims and bills.
1.C 18-0500 Approve NOVA as America’s Job Center of California (AJCC)
Operator for NOVA Workforce Development Area
Recommendation: Approve NOVA as America's Job Center of California (AJCC)
Operator for the NOVA Workforce Development Area.
1.D 18-0447 Approve Grant Acceptance and Budget Modification No. 52 to
Appropriate $698,625 from the State of California Department
of Transportation (Caltrans) Railway-Highway Crossings
(Section 130) for Grade Crossing Safety Improvements at
Mary Avenue and Caltrain Track CPUC No. 105E-37.90,
Federal DOT No. 755037V; and Authorize the City Manager to
Execute All Grant Related Documents
Recommendation: Accept Grant from the California Department of Transportation
(Caltrans) in the amount of $698,625, approve Budget
Modification No. 52 to appropriate Caltrans Railway-Highway
Crossings (Section 130) Program funds in the amount of
$698,625 to a new project, Grade Crossing at Mary Avenue
and Caltrain Track CPUC No. 105E-37.90, Federal DOT No.
755037V Safety Improvements, and Authorize the City
Manager to Execute All Grant Related Documents.
1.E 18-0450 Approve a Transportation/Traffic Impact Fee Reimbursement
Agreement with Remington LLC for the Construction of
Intersection Improvements at 1010 Sunnyvale Saratoga Road
and Approve Budget Modification No. 51 to appropriate
$417,831 to a New Project, Improvements at Sunnyvale
Saratoga Road and Remington Drive.
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City Council Notice and Agenda - Revised June 26, 2018
Recommendation: Approve the Cost Reimbursement Agreement, in substantially
the same form as Attachment 3 to the report, with Remington
LLC for the construction of Intersection improvements at
Sunnyvale Saratoga Road/Remington Drive intersection and
authorize the City Manager to Execute the Agreement, and
Approve Budget Modification No.51 in an amount of $417,831.
1.F 18-0520 Accept the Highway Safety Improvement Program Grant of
$844,800, and Approve Budget Modification No. 53 to
Appropriate the Grants to Fund the Advance Dilemma Zone
Detection Project.
Recommendation: Accept the Highway Safety Improvement Program Grant of
$844,800, and Approve Budget Modification No. 53 to
Appropriate the Grant Funds to the Advance Dilemma Zone
Detection Project.
1.G 18-0523 Amend an Existing Agreement with Synagro-WWT for
Dredging and Dewatering of solids at the Water Pollution
Control Plant (F18-287)
Recommendation: Authorize the City Manager to execute a fourth amendment to
an existing contract with Synagro-WWT, Inc. in substantially
the same form as Attachment 1 to the report, increasing the
not-to-exceed value from $10,000,000 to $10,700,000 and
extending the term of the agreement through June 30, 2019.
1.H 18-0537 Adopt a Resolution Amending the City's Salary Resolution and
the Schedule of Pay to Increase Salaries for Pay Plan
Category C (Public Safety Officers Association) and Pay Plan
Category M (Public Safety Managers Association)
Recommendation: Adopt a Resolution Amending the City's Salary Resolution and
the Schedule of Pay to Increase Salaries for Pay Plan
Category C (Public Safety Officers Association) and Pay Plan
Category M (Public Safety Managers Association).
1.I 18-0498 Approval of Budget Modification No. 50 in the amount of
$300,000 for Public Safety Emergency Generator Rental
Recommendation: Approval of Budget Modification No. 50 in the amount of
$300,000 to appropriate funding from the Emergency
Generator Installation Project to Project 833750 Public Safety
Emergency Generator Replacement.
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City Council Notice and Agenda - Revised June 26, 2018
1.J 18-0443 Approve Budget Modification No. 54 to Appropriate $250,000
to Fiscal Year 2017/18 for the All-Inclusive Playground Project
Recommendation: Approve Budget Modification No. 54 to appropriate $250,000
for funding the City's initial payment of the Magical Bridge
inclusive playground.
1.K 18-0553 Authorize Amending an Existing Contract for Traffic Signal
Maintenance Services (F18-296) and Approve Budget
Modification No. 55
Recommendation: 1) Authorize the City Manager to execute a sixth amendment to
the existing contract with Econolite Systems, Inc. increasing
the contract not to exceed amount by $340,000 to $2,631,140
in substantially the same form as Attachment 1 to the report;
and 2) approve Budget Modification No. 55 in the amount of
$340,000.
ADJOURN TO SPECIAL JOINT MEETING OF THE CITY COUNCIL AND
REDEVELOPMENT SUCCESSOR AGENCY
CALL TO ORDER
ROLL CALL
PUBLIC HEARING/GENERAL BUSINESS
If you wish to speak to a public hearing/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.
2 18-0556 Approve the Fourth Amendment to Outside Counsel
Agreement with Goldfarb Lipman for Litigation Services
Pertaining to the Three Lawsuits Related to the Dissolution of
the Redevelopment Agency
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City Council Notice and Agenda - Revised June 26, 2018
Recommendation: City Council:
Authorize the City Attorney to execute a Fourth 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 $25,000, for a
new not-to-exceed contract amount of $245,000.
Redevelopment Successor Agency:
Authorize the Agency Counsel to execute a Fourth
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
$25,000, for a new not-to-exceed contract amount of
$245,000.
ADJOURN TO SPECIAL JOINT MEETING OF THE CITY COUNCIL AND SUNNYVALE
FINANCING AUTHORITY
CALL TO ORDER
ROLL CALL
PUBLIC HEARINGS/GENERAL BUSINESS
If you wish to speak to a public hearing/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.
3 18-0063 City Council Adoption of the FY 2018/19 Budget, Fee
Schedule, and Appropriations Limit and Sunnyvale Financing
Authority Adoption of the FY 2018/19 Budget
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City Council Notice and Agenda - Revised June 26, 2018
Recommendation: City Council:
Alternative 1: Adopt the resolutions presented as Attachment 1
(including Exhibit A), Attachment 2 (including Exhibits A
through D), and Attachment 3 (including Exhibit A) to the report
that provide for the adoption of the FY 2018/19 Fee Schedule,
Budget, and Appropriations Limit.
Sunnyvale Financing Authority:
Alternative 2: Adopt the FY 2018/19 Budget Resolution
(Sunnyvale Financing Authority) presented as Attachment 4 to
the report.
ADJOURN SPECIAL MEETING
RECONVENE TO CITY COUNCIL MEETING
PUBLIC HEARINGS/GENERAL BUSINESS
If you wish to speak to a public hearing/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.
4 18-0592 Approve the Statement Supporting the US Conference of
Mayors to Reverse the Department of Homeland Security’s
Family Separation Policies, and Authorize the Mayor to
Advocate Against Such Policies
Recommendation: Staff makes no recommendation.
5 18-0304 Proposed Utility Rate Increases for FY 2018/19 Rates for
Water, Wastewater, and Solid Waste Utilities for Services
Provided to Customers Within and Outside City Boundaries;
Finding of CEQA Exemption Pursuant to Public Resource
Code Section 21080(b)(8) and CEQA Guidelines Section
15273
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City Council Notice and Agenda - Revised June 26, 2018
Recommendation: Alternatives 1 and 2: 1) Find that the project is exempt from the
California Environmental Quality Act (CEQA) pursuant to
Public Resources Code Section 21080(b)(8) and CEQA
Guidelines Section 15273 because it approves rates and
charges for the purposes of (1) meeting operating expenses,
including employee wage rates and fringe benefits; (2)
purchasing or leasing supplies, equipment or materials; (3)
meeting financial reserve needs and requirements; and (4)
obtaining funds for capital projects necessary to maintain
current service levels; and 2) Adopt a resolution increasing
water, wastewater, and solid waste rates for FY 2018/19.
6 18-0315 Adopt a Resolution to Cause Charges for Non-Payment of
Delinquent Utility Charges to be placed on the FY 2018/19
County of Santa Clara Property Tax Roll
Recommendation: Alternative 1: Adopt a Resolution to Cause Charges for
Non-Payment of Delinquent Utility Charges to be placed on
the FY 2018/19 County of Santa Clara Property Tax Roll.
7 18-0528 Introduce an ordinance amending Sunnyvale Municipal Code
(SMC) Chapter 2.07 to add special requirements for approval
of certain sale and lease agreements involving publicly
accessible recreation and city service (PARCS) properties,
and adopt a Resolution approving the list of PARCS properties
subject to the requirements of the amended SMC Chapter 2.07
Recommendation: Alternative 1: Introduce an ordinance amending Sunnyvale
Municipal Code (SMC) Chapter 2.07 to add special
requirements for approval of certain sale and lease
agreements involving publicly accessible recreation and city
service (PARCS) properties, and adopt a Resolution approving
the list of PARCS properties subject to the requirements of the
amended SMC Chapter 2.07.
8 18-0505 CONTINUED FROM MAY 22, 2018 CITY COUNCIL
MEETING
Amend the Lawrence Station Area Plan: Select a Preferred
Housing Study and Direct Staff to Complete Required
Environmental Review.
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City Council Notice and Agenda - Revised June 26, 2018
Recommendation: Alternatives 1 and 2: 1) Select Option 3 as the preferred
alternative for study, which would increase the density
allowance for MXD-I and MXD-II zoned areas and expand the
area for housing as depicted in Attachment 7 of this report;
summarized as:
a. Study an additional 2,839 housing units: increase the total
number of allowable housing units in the LSAP to 5,162 and
the maximum density allowed in the MXD-I and MXD-II-zoned
areas to 100 dwelling units per acre;
b. Study an expanded area that allows residential uses to the
M-S/LSAP areas east of Calabazas Creek and amend the
zoning for the properties on Reed Avenue between Willow
Avenue and Lawrence Expressway from O-R (Office/Retail) to
a mixed-use residential designation with a maximum residential
density of 54 dwelling units per acre; and,
c. Study a pedestrian/bicycle route from the area east of
Calabazas Creek to the Lawrence Caltrain Station
(Recommended by Planning Commission);
and, 2) direct staff to proceed with the study to amend the
Lawrence Station Area Plan and the related environmental
review.
9 18-0452 Review and Approve Recommendations from the Community
Event and Neighborhood Grant Distribution Subcommittee and
Approve Budget Modification No. 56 in the Amount of $926 to
Appropriate Funding to the Community Services Program
budget from the Council Service Level Set Aside.
Recommendation: Staff makes no recommendation.
10 18-0338 Adopt a Resolution to Approve the Final Engineer’s Report,
Confirm the Assessment, and Levy and Collect an Annual
Assessment for The Downtown Parking Maintenance District
for Fiscal Year 2018/19
Recommendation: Alternative 1: Adopt the resolution to approve the final
Engineer's report, to confirm the assessment, and levy and
collect an annual assessment for the Downtown Parking
Maintenance District for FY 2018/19.
COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
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City Council Notice and Agenda - Revised June 26, 2018
NON-AGENDA ITEMS & COMMENTS
-Council
-City Manager
INFORMATION ONLY REPORTS/ITEMS
18-0438 Tentative Council Meeting Agenda Calendar
18-0445 Information/Action Items
18-0529 Notice of Public Works Director’s Decision on Final Maps
(Information Only)
18-0439 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
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City Council Notice and Agenda - Revised June 26, 2018
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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To help you prepare and deliver your public comments, please review the "Making
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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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