City Council
Regular MeetingSunnyvale, CA · August 28, 2018
Minutes
City of Sunnyvale
Meeting Minutes - Final
City Council
Tuesday, August 28, 2018 7:00 PM Council Chambers and West Conference
Room, City Hall, 456 W. Olive Ave.,
Sunnyvale, CA 94086
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
ORAL COMMUNICATIONS
Mayor Hendricks offered comments in remembrance of Senator John McCain.
Councilmember Goldman reported that the City of Sunnyvale is accepting
applications for various Board and Commission vacancies.
Deborah Olson, owner of CJ Olson Cherries, announced that the company will be
closing its retail shop on September 30, 2018.
Kristel Wickham, respresenting the Sustainability Commission, stated that the
Commission is recommending that the City Council sign the California Elected
Officials petition to Government Jerry Brown on committing to phase out fossil fuel
production in California.
City of Sunnyvale Page 1
City Council Meeting Minutes - Final August 28, 2018
Mary Brunkhorst shared information on the Fall Forest Festival scheduled on
September 8, 2018.
Zachary Kaufman clarified his statements he provided at the August 14, 2018
Council Meeting regarding the Lawrence Station Area Plan.
CONSENT CALENDAR
Mayor Hendricks noted amendments to Agenda Items 1C and 1I have been
provided on the dais.
MOTION: Vice Mayor Klein moved and Councilmember Larsson seconded the
motion to approve the Consent Calendar with the amendments as noted, and the
amended minutes, as provided.
The motion carried by the following vote:
Yes: 7 - Mayor Glenn Hendricks
Vice Mayor Larry Klein
Councilmember Jim Griffith
Councilmember Gustav Larsson
Councilmember Nancy Smith
Councilmember Russ Melton
Councilmember Michael S. Goldman
No: 0
1.A 18-0501 Approve City Council Meeting Minutes of August 14, 2018
1.B 17-1118 Approve the List(s) of Claims and Bills Approved for Payment
by the City Manager
1.C 18-0643 Approve Complete Streets Policy Amendment by Resolution to
Comply with Santa Clara Valley Transportation Authority (VTA)
Requirement for 2016 Measure B Funds
1.D 18-0663 Authorize an Amendment to an Existing Purchase Order for
Tank Coating Inspection (F19-010)
1.E 18-0674 Approve a Third Amendment to a Contract with Kimley-Horn
Associates, Inc. for Temporary Personnel Services (F19-015)
City of Sunnyvale Page 2
City Council Meeting Minutes - Final August 28, 2018
and Authorize the City Manager to Renew the Contract for up
to Two Additional One-Year Periods
1.F 18-0684 Reject the Sole Bid Received for Sewer Siphon Cleaning and
Inspection 2018 (F18-295)
1.G 18-0694 Authorize an Amendment to an Existing Purchase Order for
Fire Protection Clothing, Equipment and Fire Safety Supplies
(F17-007)
1.H 18-0699 Endorse the Slate of Candidates for the League of California
Cities Peninsula Division 2018-2019 Election of Officers
1.I 18-0706 Designate a Voting Delegate and Alternate for the League of
California Cities Annual Conference
PUBLIC HEARINGS/GENERAL BUSINESS
2 18-0742 Award a Contract to CherryRoad Technologies, Inc. for an
Oracle Cloud Enterprise Resource Planning System and
Implementation Services (F17-157)
Chief Information Officer Kathleen Boutté Foster provided the staff report.
Public Hearing opened at 7:53 p.m.
No speakers.
Public Hearing closed at 7:53 p.m.
MOTION: Councilmember Griffith moved and Councilmember Larsson seconded the
motion to approve Alternative 1: Award a contract in the amount of $12,072,676 to
CherryRoad Technologies, Inc. of Morris Plains, NJ for the implementation and
cloud licensing of an Oracle Enterprise Resource Planning solution, in substantially
the same form as Attachment 2 to the report and authorize the City Manager to
execute the contract when all necessary conditions have been met. Approval is also
requested for 10% contract contingency in an amount of $534,500 and including an
additional Project Objective regarding internal financial controls that states,
“Implementing the Enterprise Resource Planning System to conform to the City’s
internal control regimen and financial best practices to safeguard the City’s assets
and ensure timely preparation of reliable financial statements.”
City of Sunnyvale Page 3
City Council Meeting Minutes - Final August 28, 2018
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
3 18-0696 Approval of Budget Modification No. 4 in the Amount of
$55,000 for the North County Gun Buyback Program
Director of Public Safety Phan Ngo provided the staff report.
Public Hearing opened at 8:11 p.m.
Hardy Kim, Pastor at Sunnyvale Presbyterian Church, spoke in support of the
program.
Henry Alexander III spoke in support of the program.
Public Hearing closed at 8:16 p.m.
MOTION: Councilmember Larsson moved and Councilmember Smith seconded the
motion to approve Alternative 2: Approve Budget Modification No. 4 in the Amount of
$55,000 with Sunnyvale’s share of $30,000 funded from the Council Service Level
Set-Aside for the North County Gun Buyback Program.
Yes: 7 - Mayor Hendricks
Vice Mayor Klein
Councilmember Griffith
Councilmember Larsson
Councilmember Smith
Councilmember Melton
Councilmember Goldman
No: 0
4 18-0667 Authorize the City Manager to Execute the Second Amendment
City of Sunnyvale Page 4
City Council Meeting Minutes - Final August 28, 2018
to the Agreement Between the City of Sunnyvale and the VTA
for the SR 237/US 101/Mathilda Avenue Interchange
Improvement Project to Extend the Term Until December 31,
2020, Increasing the Not to Exceed Amount of the City’s
Financial Contribution From $8,000,000 to $25,000,000 and
Other Minor Amendments and Approve Budget Modification
No. 5
Director of Public Works Charles Taylor provided the staff report.
Public Hearing opened at 8:41 p.m.
Kerry Haywood, on behalf of the Moffett Business Group, spoke in support of the
proposal.
Public Hearing closed at 8:42 p.m.
MOTION: Councilmember Griffith moved and Vice Mayor Klein seconded the motion
to approve Alternative 1: Authorize the City Manager to Execute the Second
Amendment to the Agreement Between the City of Sunnyvale and the VTA for the
SR237/US 101/Mathilda Avenue Interchange Improvement Project to extend the
term until December 31, 2020, increasing the not to exceed amount of the City's
financial contribution from $8,000,000 to $25,000,000 and other minor amendments
and Approve Budget Modification No. 5 in the amount of $18,261,507.
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
5 18-0679 Proposed Project: Introduce an Ordinance to Rezone two
lots from R-1 (Low Density Residential) to R-0 (Low Density
Residential).
File #: 2018-7309
Location: 932 Eleanor Way and 1358 Hampton Drive (APNs:
City of Sunnyvale Page 5
City Council Meeting Minutes - Final August 28, 2018
313-01-033, 313-01-034)
Zoning: R-1
Applicant / Owner: Cyrus Fakhari (applicant and owner)
Environmental Review: The project is exempt from the
California Environmental Quality Act (CEQA) pursuant to
CEQA Guidelines Section 15061(b)(3).
Project Planner: Shétal Divatia, (408) 730-7637,
sdivatia@sunnyvale.ca.gov
Director of Community Development Trudi Ryan provided the staff report.
Applicant Jessie Lin provided information regarding the proposed project and
provided a slide presentation and written materials.
Public Hearing opened at 9:31 p.m.
Demetrios Triantafyllou stated he has no objection to the plans of the applicant.
Applicant Cyrus Fakhari provided additional information about the proposed project.
Sherry Tatel spoke in support of retaining the rural character of the neighborhood
and in support of the proposed project.
Henry Alexander III spoke on behalf of Irene Connolly and against the proposal to
rezone the property. On his own behalf, he spoke against the proposal to rezone.
Applicant Jessie Lin provided comments that the intent of the application is to
preserve the neighborhood.
Public Hearing closed at 9:42 p.m.
MOTION: Councilmember Larsson moved and Vice Mayor Klein seconded the
motion to approve Alternative 1: Determine that the project is exempt from CEQA
pursuant to CEQA Guidelines Section 15061 (b)(3), make the Findings (Attachment
9) to approve the rezoning, and introduce an ordinance to rezone the two parcels
from R-1 (Low Density Residential) to R-0 (Low Density Residential) as requested
by the applicant.
City Clerk Kathleen Franco Simmons read the ordinance title.
City of Sunnyvale Page 6
City Council Meeting Minutes - Final August 28, 2018
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
The Council recessed at 10:11 p.m. and reconvened at 10:17 p.m. with all
Councilmembers present.
6 18-0703 Approve the Purchase and Sale Agreement Between the City
of Sunnyvale and Youland Smarthome LLC for the Sale of
1484 Kifer Road; Formerly, the Unilever Margarine Plant
Director of Public Works Charles Taylor provided the staff report and a slide
presentation.
Public Hearing opened at 10:19 p.m.
No speakers.
Public Hearing closed at 10:19 p.m.
MOTION: Vice Mayor Klein moved and Councilmember Smith seconded the motion
to approve Alternative 1: Authorize the City Manager to execute the Purchase and
Sale Agreement, in substantially the same form as Attachment 1 of the report,
between the City of Sunnyvale and Youland Smarthome LLC for the sale of 1484
Kifer Road (Unilever Property).
The motion carried by the following vote:
City of Sunnyvale Page 7
City Council Meeting Minutes - Final August 28, 2018
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
Councilmember Larsson reported on a Bay Area Water Supply and Conservation
Agency (BAWSCA) update on an Appeals Court ruling of the Hetch Hetchy water
system, and hearings relating to a decision to negotiate a voluntary agreement on
habitat restoration on the Hetch Hetchy land.
NON-AGENDA ITEMS & COMMENTS
-Council
Mayor Hendricks sponsored a study issue creating an eruv in the City of Sunnyvale.
He stated this issue is from the South Peninsula Hebrew School. Councilmember
Larsson co-sponsored the study issue.
-City Manager
Assistant City Manager Teri Silva announced there is a Special Council Meeting
September 5 and reported Summer Concert Series event.
INFORMATION ONLY REPORTS/ITEMS
18-0713 Tentative Council Meeting Agenda Calendar
18-0714 Information/Action Items
ADJOURNMENT
Mayor Hendricks adjourned the meeting at 10:32 p.m.
City of Sunnyvale Page 8
Agenda
City of Sunnyvale
Notice and Agenda
City Council
Tuesday, August 28, 2018 7:00 PM Council Chambers and West Conference
Room, City Hall, 456 W. Olive Ave.,
Sunnyvale, CA 94086
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
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
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.
City of Sunnyvale Page 1 Printed on 8/23/2018
City Council Notice and Agenda August 28, 2018
1.A 18-0501 Approve City Council Meeting Minutes of August 14, 2018
Recommendation: Approve the City Council Meeting Minutes of August 14, 2018
as submitted.
1.B 17-1118 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 18-0643 Approve Complete Streets Policy Amendment by Resolution to
Comply with Santa Clara Valley Transportation Authority (VTA)
Requirement for 2016 Measure B Funds
Recommendation: Adopt the Resolution to Amend the Complete Streets Policy to
comply with the Santa Clara Valley Transportation Authority
(VTA) Requirement for 2016 Measure B Funds.
1.D 18-0663 Authorize an Amendment to an Existing Purchase Order for
Tank Coating Inspection (F19-010)
Recommendation: Authorize the City Manager to amend the existing purchase
order with West Coast Coating Consultants LLC for tank
coating services increasing the not-to-exceed amount by
$65,000, for a new not-to-exceed total of $145,000.
1.E 18-0674 Approve a Third Amendment to a Contract with Kimley-Horn
Associates, Inc. for Temporary Personnel Services (F19-015)
and Authorize the City Manager to Renew the Contract for up
to Two Additional One-Year Periods
Recommendation: 1) Authorize the City Manager to execute a Third Amendment
to the contract with Kimley-Horn and Associates, Inc., in
substantially the same form as Attachment 1 to the report,
increasing the not-to-exceed contract amount from $245,000 to
$395,000, for Temporary Personnel Services and professional
engineering services, when all necessary conditions have
been met, and 2) delegate authority to City Manager to renew
the agreement for up to two (2) one-year periods, subject to
budgeted funding and acceptable pricing and service.
1.F 18-0684 Reject the Sole Bid Received for Sewer Siphon Cleaning and
Inspection 2018 (F18-295)
City of Sunnyvale Page 2 Printed on 8/23/2018
City Council Notice and Agenda August 28, 2018
Recommendation: Reject the sole bid received from Pipe and Plant Solutions,
Inc. in response to Invitation for Bids No. F18-295 for Sewer
Siphon Cleaning and Inspection 2018.
1.G 18-0694 Authorize an Amendment to an Existing Purchase Order for
Fire Protection Clothing, Equipment and Fire Safety Supplies
(F17-007)
Recommendation: Authorize the City Manager to amend the existing purchase
order with L.N. Curtis & Sons, in substantially the same format
as Attachment 1, increasing the not-to-exceed amount by
$87,000, for a new not-to-exceed total of $262,000 and Find
the Action categorically exempt under the California
Environmental Quality Act (CEQA) pursuant to CEQA
Guidelines section 15378 (a).
1.H 18-0699 Endorse the Slate of Candidates for the League of California
Cities Peninsula Division 2018-2019 Election of Officers
Recommendation: Endorse the slate of candidates for the Peninsula Division
Executive Committee for 2018-19:
a. President: Larry Moody, Councilmember, East Palo Alto
b. Vice President: Cory Wolbach, Councilmember, Palo Alto
c. Treasurer: Shelly Masur, Councilmember, Redwood City
d. Secretary: Marico Sayoc, Councilmember, Los Gatos
e. San Mateo County Representative: Emily Beach,
Councilmember, Burlingame
f. Santa Clara County Representative: Charles "Chappie"
Jones, Councilmember, San Jose
g. Legislative Action Committee, Santa Clara: Nancy Smith,
Councilmember, Sunnyvale
h. Legislative Action Committee, San Mateo: Charles Stone,
Councilmember, Belmont
i. Board Director: Alicia Aguirre, Councilmember, Redwood
City
j. Past President: Emily Lo, Councilmember, Saratoga
1.I 18-0706 Designate a Voting Delegate and Alternate for the League of
California Cities Annual Conference
Recommendation: Approve the Mayor's nomination of Councilmember Nancy
Smith as Voting Delegate and City Manager Kent Steffens as
Alternate.
City of Sunnyvale Page 3 Printed on 8/23/2018
City Council Notice and Agenda August 28, 2018
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.
2 18-0742 Award a Contract to CherryRoad Technologies, Inc. for an
Oracle Cloud Enterprise Resource Planning System and
Implementation Services (F17-157)
Recommendation: Staff recommends Alternative 1: Award a contract in the
amount of $12,072,676 to CherryRoad Technologies, Inc. of
Morris Plains, NJ for the implementation and cloud licensing of
an Oracle Enterprise Resource Planning solution, in
substantially the same form as Attachment 2 to the report and
authorize the City Manager to execute the contract when all
necessary conditions have been met. Approval is also
requested for 10% contract contingency in an amount of
$534,500.
3 18-0696 Approval of Budget Modification No. 4 in the Amount of
$55,000 for the North County Gun Buyback Program
Recommendation: Alternative 1: Approve Budget Modification No. 4 in the
Amount of $55,000 and Appropriate $30,000 from the Budget
Stabilization Fund for the North County Gun Buyback
Program.
4 18-0667 Authorize the City Manager to Execute the Second
Amendment to the Agreement Between the City of Sunnyvale
and the VTA for the SR 237/US 101/Mathilda Avenue
Interchange Improvement Project to Extend the Term Until
December 31, 2020, Increasing the Not to Exceed Amount of
the City’s Financial Contribution From $8,000,000 to
$25,000,000 and Other Minor Amendments and Approve
Budget Modification No. 5
City of Sunnyvale Page 4 Printed on 8/23/2018
City Council Notice and Agenda August 28, 2018
Recommendation: Alternative 1: Authorize the City Manager to Execute the
Second Amendment to the Agreement Between the City of
Sunnyvale and the VTA for the SR237/US 101/Mathilda
Avenue Interchange Improvement Project to extend the term
until December 31, 2020, increasing the not to exceed amount
of the City's financial contribution from $8,000,000 to
$25,000,000 and other minor amendments and Approve
Budget Modification No. 5 in the amount of $18,261,507.
5 18-0679 Proposed Project: Introduce an Ordinance to Rezone two
lots from R-1 (Low Density Residential) to R-0 (Low Density
Residential).
File #: 2018-7309
Location: 932 Eleanor Way and 1358 Hampton Drive (APNs:
313-01-033, 313-01-034)
Zoning: R-1
Applicant / Owner: Cyrus Fakhari (applicant and owner)
Environmental Review: The project is exempt from the
California Environmental Quality Act (CEQA) pursuant to
CEQA Guidelines Section 15061(b)(3).
Project Planner: Shétal Divatia, (408) 730-7637,
sdivatia@sunnyvale.ca.gov
Recommendation: Alternative 2: Determine the project is exempt from the
California Environmental Quality Act (CEQA) pursuant to
CEQA Guidelines Section 15061(b)(3) and do not make the
Findings (Attachment 9) to approve the rezoning and do not
introduce an ordinance to rezone the two parcels from R-1
(Low Density Residential) to R-0 (Low Density Residential) as
requested by the applicant.
6 18-0703 Approve the Purchase and Sale Agreement Between the City
of Sunnyvale and Youland Smarthome LLC for the Sale of
1484 Kifer Road; Formerly, the Unilever Margarine Plant
Recommendation: Alternative 1: Authorize the City Manager to execute the
Purchase and Sale
Agreement, in substantially the same form as Attachment 1 of
the report, between the City of Sunnyvale and Youland
Smarthome LLC for the sale of 1484 Kifer Road (Unilever
Property).
City of Sunnyvale Page 5 Printed on 8/23/2018
City Council Notice and Agenda August 28, 2018
COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
NON-AGENDA ITEMS & COMMENTS
-Council
-City Manager
INFORMATION ONLY REPORTS/ITEMS
18-0713 Tentative Council Meeting Agenda Calendar
18-0714 Information/Action Items
ADJOURNMENT
NOTICE TO THE PUBLIC
The agenda reports to council (RTCs) may be viewed on the City’s website at
sunnyvale.ca.gov after 7 p.m. on Thursdays or at the Sunnyvale Public Library,
665 W. Olive Ave. as of Fridays prior to Tuesday City Council meetings. Any
agenda related writings or documents distributed to members of the City of
Sunnyvale City Council regarding any open session item on this agenda will be
made available for public inspection in the Office of the City Clerk located at 603
All America Way, Sunnyvale, California during normal business hours and in the
Council Chamber on the evening of the Council Meeting, pursuant to Government
Code §54957.5. Please contact the Office of the City Clerk at (408) 730-7483 for
specific questions regarding the agenda.
PLEASE TAKE NOTICE that if you file a lawsuit challenging any final decision on
any public hearing item listed in this agenda, the issues in the lawsuit may be
limited to the issues which were raised at the public hearing or presented in
writing to the Office of the City Clerk at or before the public hearing. PLEASE
TAKE FURTHER NOTICE that Code of Civil Procedure section 1094.6 imposes a
90-day deadline for the filing of any lawsuit challenging final action on an agenda
item which is subject to Code of Civil Procedure 1094.5.
Pursuant to the Americans with Disabilities Act, if you need special assistance in
this meeting, please contact the Office of the City Clerk at (408) 730-7483.
City of Sunnyvale Page 6 Printed on 8/23/2018
City Council Notice and Agenda August 28, 2018
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))
Planning a presentation for a City Council meeting?
To help you prepare and deliver your public comments, please review the "Making
Public Comments During City Council or Planning Commission Meetings"
available on the City website at sunnyvale.ca.gov.
Planning to provide materials to Council?
If you wish to provide the City Council with copies of your presentation materials,
please provide 12 copies of the materials to the City Clerk (located to the left of
the Council dais). The City Clerk will distribute your items to the Council.
Upcoming Meetings
Visit https://sunnyvaleca.legistar.com for upcoming Council, board and
commission meeting information.
City of Sunnyvale Page 7 Printed on 8/23/2018
Get email alerts for Sunnyvale
A daily email when new agendas and minutes are posted.