City Council
Regular MeetingSunnyvale, CA · December 11, 2018
Minutes
City of Sunnyvale
Meeting Minutes - Final
City Council
Tuesday, December 11, 2018 6:15 PM Council Chambers - City Hall, 456 W.
Olive Ave., Sunnyvale, CA 94086
Special Council Meetings: Closed Session - 6:15 PM | Open Session - 7:00 PM
6:15 P.M. SPECIAL COUNCIL MEETING (Closed Session)
Vice Mayor Klein announced the items for Closed Session and invited any members
of the public to give public comment.
1 Call to Order in the West Conference Room
Vice Mayor Klein called the meeting to order at 6:15 p.m.
2 Roll Call
Present: 7 - Mayor Glenn Hendricks
Mayor Larry Klein
Councilmember Jim Griffith
Councilmember Gustav Larsson
Councilmember Nancy Smith
Vice Mayor Russ Melton
Councilmember Michael S. Goldman
3 Public Comment
None.
4 Convene to Closed Session
18-1047 SPECIAL COUNCIL MEETING (Closed Session)
Closed Session pursuant to Government Code Section
54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 1484 Kifer Road, Sunnyvale, CA
Agency negotiators: Kent Steffens, City Manager; Chip Taylor,
Director of Public Works; Sherine Nafie, City Property
Administrator
Negotiating party: Youland Smarthome LLC
Under negotiation: Price and Terms of Payment
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City Council Meeting Minutes - Final December 11, 2018
5 Adjourn Special Meeting
Vice Mayor Klein adjourned the meeting at 6:26 p.m.
7 P.M. SPECIAL 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
Mayor Larry Klein
Councilmember Jim Griffith
Councilmember Gustav Larsson
Councilmember Nancy Smith
Vice Mayor Russ Melton
Councilmember Michael S. Goldman
CLOSED SESSION REPORT
Vice Mayor Klein reported the Council met in Closed Session pursuant to
Government Code Section 54956.8: CONFERENCE WITH REAL PROPERTY
NEGOTIATORS. The Council authorized the City Manager to sign an addendum to
the standard offer agreement and escrow instructions for the purchase of real estate
with Youland Smarthome, LLC for 1484 Kifer Road, Sunnyvale, formerly the
Unilever property. The Addendum: Number 1: extends the close of escrow to
February 18, 2019; No. 2: Conditioned on the extension of the close of escrow,
Youland will increase its initial deposit by $3,000,000, which is non-refundable and
shall be release to the City, and shall be a credit towards the sale price. This
deposit shall be made on or before December 18, 2018. No. 3: All other terms of the
existing Agreement shall remain in full force and effect. All Councilmembers were
present and were unanimous in the decision.
ORAL COMMUNICATIONS
Councilmember Melton announced the upcoming minimum wage rate increase
effective January 1, 2019.
Manuel Macias offered a free Christmas tree.
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City Council Meeting Minutes - Final December 11, 2018
CONSENT CALENDAR
MOTION: Vice Mayor Klein moved and Councilmember Larsson seconded the
motion to approve the Consent Calendar.
The motion carried by the following vote:
Yes: 7 - Mayor Hendricks
Mayor Klein
Councilmember Griffith
Councilmember Larsson
Councilmember Smith
Vice Mayor Melton
Councilmember Goldman
No: 0
1.A 18-0838 Authorization to Amend Temporary Personnel Services
Agreement with Fire & Risk Alliance, LLC (F19-051) and
Approval of Budget Modification No. 11 in the Amount of
$445,000.
1) Approve Budget Modification No. 11 in the amount of $445,000 in Development
Enterprise Fund Reserves to provide additional funding for fire protection system
plan review and inspection services; and 2) Authorize the City Manager to execute
the Fifth Amendment, in substantially the same form as Attachment 1 to the report,
to extend the term through December 31, 2019 and to increase the not-to-exceed
contract amounts for the existing temporary personnel services agreement with Fire
& Risk Alliance, LLC from $875,000 to $1,475,000; and 3) Delegate authority to the
City Manager to increase the not-to-exceed amount and to extend the contract for
one additional one year period, if operationally necessary, with both actions subject
to available budgeted funding.
PUBLIC HEARINGS/GENERAL BUSINESS
2 18-1059 Approval of Community Engagement and Outreach Plan
Regarding City Council By-District Elections and the California
Voting Rights Act, Award a Contract Amendment to
PlaceWorks, Inc. and Approve Budget Modification No. 12
Deputy City Manager Jaqui Guzman provided the staff report. Consultant David
Early, PlaceWorks, Inc., provided a report and slide presentation.
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City Council Meeting Minutes - Final December 11, 2018
Public Hearing opened at 8:35 p.m.
The following individuals addressed the Council regarding this subject matter:
Samir Kalra
Galen Davis
Andy Frazer
Ginger Grimes
Richard Konda, Asian Law Alliance
Rose-Marie Twu
Josh Grossman
Christine Pepin
Steve Scandalis
Mei-Ling Stefan
Mike Serrone
Linda Sell
Steve Chessin, President, Californians for Electoral Campaign
Serge Rudaz
Linda Davis
Peter Cirigliano
Martin Pyne
Holly Lofgren
Maria Pan
Margaret Okuzumi
Prakash Giri
John Cordes, BPAC Chair, speaking for himself
Carolyn Schuk
Public Hearing closed at 9:43 p.m.
MOTION: Councilmember Melton moved and Vice Mayor Klein seconded the motion
to approve Alternative 2: Approve the Community Engagement and Outreach Plan
Regarding City Council By-District Elections and the California Voting Rights Act as
provided in Attachment 1, authorize the Mayor to appoint three Council members to
serve on the ad-hoc CAC selection subcommittee, approve a contract amendment
with PlaceWorks, Inc., Attachment 3 of the report in the amount of $312,522, and
approve Budget Modification No. 12 in the amount of $128,863 with the folloiwng
modifications directed by the City Council: Direct staff to come back to City Council
no later than the end of February with a study session based on the preliminary
efforts of the outreach plan; on Page 5, to add to the sentence about “…other
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City Council Meeting Minutes - Final December 11, 2018
related information or election considerations of interest or importance to City
voters…” the following text: “such as education and input on other electoral systems
that satisfy the CVRA.”
FRIENDLY AMENDMENT: Mayor Hendricks offered a friendly amendment relating
to the Mayor’s appointment, that the Mayor appoint three Councilmembers to start
the process and then hold discussions about whether to look at appointments for
the second phase of the review. Councilmember Melton accepted the friendly
amendment.
FRIENDLY AMENDMENT: Councilmember Griffith offered a friendly amendment to
bisect it and make a second committee decided with the new Council to deal with
the actual appointment, with the first committee simply dealing with the application
process. Councilmember Melton accepted the friendly amendment.
The motion carried by the following vote:
Yes: 6 - Mayor Hendricks
Mayor Klein
Councilmember Griffith
Councilmember Larsson
Councilmember Smith
Vice Mayor Melton
No: 1 - Councilmember Goldman
ADJOURNMENT
Mayor Hendricks adjourned the meeting at 10:44 p.m.
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Agenda
City of Sunnyvale
Notice and Agenda
City Council
Tuesday, December 11, 2018 6:15 PM Council Chambers - City Hall, 456 W. Olive
Ave., Sunnyvale, CA 94086
Special Council Meetings: Closed Session - 6:15 PM | Open Session - 7:00 PM
6:15 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
18-1047 SPECIAL COUNCIL MEETING (Closed Session)
Closed Session pursuant to Government Code Section
54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 1484 Kifer Road, Sunnyvale, CA
Agency negotiators: Kent Steffens, City Manager; Chip Taylor,
Director of Public Works; Sherine Nafie, City Property
Administrator
Negotiating party: Youland Smarthome LLC
Under negotiation: Price and Terms of Payment
5 Adjourn Special Meeting
7 P.M. SPECIAL 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
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City Council Notice and Agenda December 11, 2018
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
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.
1.A 18-0838 Authorization to Amend Temporary Personnel Services
Agreement with Fire & Risk Alliance, LLC (F19-051) and
Approval of Budget Modification No. 11 in the Amount of
$445,000.
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City Council Notice and Agenda December 11, 2018
Recommendation: 1) Approve Budget Modification No. 11 in the amount of
$445,000 in Development Enterprise Fund Reserves to
provide additional funding for fire protection system plan
review and inspection services; and 2) Authorize the City
Manager to execute the Fifth Amendment, in substantially the
same form as Attachment 1 to the report, to extend the term
through December 31, 2019 and to increase the not-to-exceed
contract amounts for the existing temporary personnel services
agreement with Fire & Risk Alliance, LLC from $875,000 to
$1,475,000; and 3) Delegate authority to the City Manager to
increase the not-to-exceed amount and to extend the contract
for one additional one year period, if operationally necessary,
with both actions subject to available budgeted funding.
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 18-1059 Approval of Community Engagement and Outreach Plan
Regarding City Council By-District Elections and the California
Voting Rights Act, Award a Contract Amendment to
PlaceWorks, Inc. and Approve Budget Modification No. 12
Recommendation: Alternative 1: Approve the Community Engagement and
Outreach Plan Regarding City Council By-District Elections
and the California Voting Rights Act as provided in Attachment
1 to the Report, authorize the Mayor to appoint three Council
members to serve on the ad-hoc Citizen's Advisory Community
selection subcommittee, approve a contract amendment with
PlaceWorks, Inc., Attachment 3 of the report in the amount of
$312,522, and approve Budget Modification No. 12 in the
amount of $128,863.
ADJOURNMENT
NOTICE TO THE PUBLIC
The agenda reports to council (RTCs) may be viewed on the City’s website at
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City Council Notice and Agenda December 11, 2018
sunnyvale.ca.gov after 7 p.m. on Thursdays or at the Sunnyvale Public Library,
665 W. Olive Ave. as of Fridays prior to Tuesday City Council meetings. Any
agenda related writings or documents distributed to members of the City of
Sunnyvale City Council regarding any open session item on this agenda will be
made available for public inspection in the Office of the City Clerk located at 603
All America Way, Sunnyvale, California during normal business hours and in the
Council Chamber on the evening of the Council Meeting, pursuant to Government
Code §54957.5. Please contact the Office of the City Clerk at (408) 730-7483 for
specific questions regarding the agenda.
PLEASE TAKE NOTICE that if you file a lawsuit challenging any final decision on
any public hearing item listed in this agenda, the issues in the lawsuit may be
limited to the issues which were raised at the public hearing or presented in
writing to the Office of the City Clerk at or before the public hearing. PLEASE
TAKE FURTHER NOTICE that Code of Civil Procedure section 1094.6 imposes a
90-day deadline for the filing of any lawsuit challenging final action on an agenda
item which is subject to Code of Civil Procedure 1094.5.
Pursuant to the Americans with Disabilities Act, if you need special assistance in
this meeting, please contact the Office of the City Clerk at (408) 730-7483.
Notification of 48 hours prior to the meeting will enable the City to make
reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.160
(b) (1))
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.
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City Council Notice and Agenda December 11, 2018
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