City Council
Regular MeetingSunnyvale, CA · March 26, 2019
Minutes
City of Sunnyvale
Meeting Minutes - Final
City Council
Tuesday, March 26, 2019 5:30 PM Council Chambers, City Hall, 456 W. Olive
Ave., Sunnyvale, CA 94086
Special Meeting: Study Session - 5:30 PM | Regular Meeting - 7 PM | Special Meeting
immediately following Regular Council meeting: Joint City Council and Redevelopment
Successor Agency
5:30 P.M. SPECIAL COUNCIL MEETING (Study Session)
1 Call to Order in the Council Chambers (Open to the Public)
Vice Mayor Melton called the meeting to order at 5:30 p.m.
2 Roll Call
Present: 6 - Mayor Larry Klein
Vice Mayor Russ Melton
Councilmember Gustav Larsson
Councilmember Glenn Hendricks
Councilmember Nancy Smith
Councilmember Michael S. Goldman
Absent: 1 - Councilmember Mason Fong
Councilmember Fong's absence was excused.
3 Public Comment
Public comment was taken following the staff report.
4 Study Session
19-0262 Climate Action Plan 2.0
Location: Council Chambers
Director of Environmental Services Ramana Chinnakotla and Regulatory Programs
Division Manager Melody Tovar provided a report and slide presentation.
Public comment opened at 6:46 p.m.
City of Sunnyvale Page 1
City Council Meeting Minutes - Final March 26, 2019
The following individuals addressed the Council:
James Tuleya
Serge Rudaz
Kristel Wickam, Vice Chair of Sustainability Commission, spoke on behalf of the
Commission
Richard Mehlinger
Kevin Jackson
Molly Cox
Public comment closed at 6:59 p.m.
5 Adjourn Special Meeting
Mayor Klein adjourned the meeting at 6:59 p.m.
7 P.M. COUNCIL MEETING
CALL TO ORDER
Mayor Klein called the meeting to order.
SALUTE TO THE FLAG
Mayor Klein led the Pledge of Allegiance.
ROLL CALL
Present: 6 - Mayor Larry Klein
Vice Mayor Russ Melton
Councilmember Gustav Larsson
Councilmember Glenn Hendricks
Councilmember Nancy Smith
Councilmember Michael S. Goldman
Absent: 1 - Councilmember Mason Fong
Councilmember Fong's absence was excused.
ORAL COMMUNICATIONS
Mayor Klein announced the recruitment and deadline for a vacancy on the
Personnel Board and Housing and Human Services Commission.
Mayor Klein announced the upcoming CVRA Community Input Workshops.
City of Sunnyvale Page 2
City Council Meeting Minutes - Final March 26, 2019
Mayor Klein announced the members of the City Council and the Redevelopment
Successor Agency will receive no additional compensation other than their
Councilmember salary for sitting as a Board Member of the Redevelopment
Successor Agency and that this statement will be included in the minutes.
Bruce Mishler spoke regarding the need to have a business license permit
reviewed.
Richard Mehlinger, member of BPAC, speaking on his own behalf, spoke regarding
two additional study issues being considered by the Commission.
CONSENT CALENDAR
MOTION: Vice Mayor Melton moved and Councilmember Larsson seconded the
motion to approve the Consent Calendar.
The motion carried by the following vote:
Yes: 6 - Mayor Klein
Vice Mayor Melton
Councilmember Larsson
Councilmember Hendricks
Councilmember Smith
Councilmember Goldman
No: 0
Absent: 1 - Councilmember Fong
1.A 19-0214 Approve the List(s) of Claims and Bills Approved for Payment
by the City Manager
Approve the list(s) of claims and bills.
1.B 19-0219 Approve the Downtown Sunnyvale Business Improvement
District Annual Report for Fiscal Year 2018/19; and Adopt
Resolution of Intention to Levy and Collect an Annual
Assessment and Reauthorize the BID for Fiscal Year 2019/20
Approve the Fiscal Year 2018/19 BID Annual Report, adopt the Resolution of
Intention to Levy and Collect an Assessment and Reauthorize the Business
Improvement District for Fiscal Year 2019/20, and schedule the public hearing for
May 7, 2019.
City of Sunnyvale Page 3
City Council Meeting Minutes - Final March 26, 2019
1.C 19-0425 Adopt Ordinance No. 3143-19 to add Chapter 1.07
(Administrative Subpoenas) of Title 1 (General Provisions) of
the Sunnyvale Municipal Code relating to Administrative
Subpoenas
Adopt Ordinance No. 3143-19.
PUBLIC HEARINGS/GENERAL BUSINESS
2 19-0364 Approve Study Issue Presentation Dates for Recommended
Studies in 2019
Senior Management Analyst Lupita Alamos provided the staff report.
Public hearing opened at 7:23 p.m.
Josue Garcia representing Mechanical, Electrical, Plumbing, and Sprinkler Fitters
(MEPS) and Santa Clara County Residents for Responsible Development, spoke in
support of the Responsible Construction Ordinance study issue.
Richard Mehlinger spoke in appreciation for the Right to Lease study issue.
Public hearing closed at 7:26 p.m.
MOTION: Vice Mayor Melton moved and Councilmember Larsson seconded the
motion to approve Alternative 1: Approve the Proposed Presentation Dates for 2019
Council ranked Study Issues as noted in Attachment 2 in the report.
The motion carried by the following vote:
Yes: 6 - Mayor Klein
Vice Mayor Melton
Councilmember Larsson
Councilmember Hendricks
Councilmember Smith
Councilmember Goldman
No: 0
Absent: 1 - Councilmember Fong
3 19-0206 Award of Bid No. PW19-11 to Anderson Pacific Engineering
City of Sunnyvale Page 4
City Council Meeting Minutes - Final March 26, 2019
Construction, Inc. for Storm Pump Station No. 1 Rehabilitation
Re-Bid, Waiver of Minor Bid Irregularity, Finding of California
Environmental Quality Act (CEQA) Categorical Exemption, and
Approval of Budget Modification No. 21 in the amount of
$1,016,000, and Approve the Third Amendment to Consultant
Services Agreement with Infrastructure Engineering
Corporation (F14-049)
Director of Public Works Chip Taylor provided the staff report. Finance Director Tim
Kirby provided additional information regarding ERAF funding.
Public hearing opened at 7:41 p.m.
No speakers.
Public hearing closed at 7:41 p.m.
MOTION: Vice Mayor Melton moved and Councilmember Larsson seconded the
motion to approve Alternative 1: Take the following actions:
- Make a finding of California Environmental Quality Act (CEQA) categorical
exemption pursuant to CEQA Guidelines Sections 15301(b) and 15378 (b)(5)
- Make a determination to waive the minor bid irregularity for Anderson Pacific
Engineering Construction, Inc.
- Award a contract in substantially the same form as Attachment 2 to the report and
in the amount of $1,947,400 to Anderson Pacific Engineering Construction, Inc.
- Authorize the City Manager to execute the contract when all necessary conditions
have been met
- Approve Budget Modification No. 21 in the amount of $1,016,000
- Approve a 10% construction contingency in the amount of $194,740.
- Authorize the City Manager to execute the Third Amendment, in substantially the
same form as Attachment 3 to the report, to extend the term through June 30, 2027
and to increase the not to exceed contract amount by $119,636 for a new not to
exceed amount of $383,225
- Approve an increase to the design contingency in the amount of $20,364.
- Authorize the City Manager to extend the term of the Consultant Services
Agreement with Infrastructure Engineering Corporation, if operationally necessary,
until post construction biological monitoring and reporting is completed.
The motion carried by the following vote:
City of Sunnyvale Page 5
City Council Meeting Minutes - Final March 26, 2019
Yes: 6 - Mayor Klein
Vice Mayor Melton
Councilmember Larsson
Councilmember Hendricks
Councilmember Smith
Councilmember Goldman
No: 0
Absent: 1 - Councilmember Fong
COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
Councilmember Smith reported that she was appointed to a subcommittee with the
EERN/National League of Cities to look at water contamination issue.
NON-AGENDA ITEMS & COMMENTS
-Council
None
-City Manager
None
INFORMATION ONLY REPORTS/ITEMS
19-0347 Tentative Council Meeting Agenda Calendar
19-0348 Information/Action Items
19-0349 Board/Commission Meeting Minutes
19-0396 Boards and Commissions Semi-Annual Attendance Report,
July - December 2018 (Information Only)
19-0397 Board/Commission Resignation (Information Only)
ADJOURNMENT
Mayor Klein adjourned to Special Joint Meeting of the City Council and
Redevelopment Successor Agency at 7:45 p.m.
SPECIAL JOINT CITY COUNCIL AND REDEVELOPMENT SUCCESSOR AGENCY
MEETING (immediately following the Regular Council Meeting)
City of Sunnyvale Page 6
City Council Meeting Minutes - Final March 26, 2019
1 Call To Order
Mayor/Agency Chair Klein called the meeting to order at 7:45 p.m.
2 Roll Call
Present: Mayor/Agency Chair Klein
Vice Mayor/Agencymember Melton
Councilmember/Agencymember Larsson
Councilmember/Agencymember Hendricks
Councilmember/Agencymember Smith
Councilmember/Agencymember Goldman
Absent: Councilmember/Agencymember Fong
Councilmember/Agency Member Fong's absence is excused.
3 Public Comment
Mayor / Agency Chair Klein reported the following announcement pursuant to
Government Code Section 54952.3:
The members of the City Council and the Successor Agency of the Former
Redevelopment Agency of the City of Sunnyvale will receive no additional
compensation, other than their city councilmember salary, for sitting as a board
member of the Successor Agency.
4 Consent Calendar
MOTION: Councilmember/Agencymember Melton moved and
Councilmember/Agencymember Smith seconded the motion to approve the Consent
Calendar.
The motion carried by the following vote:
Yes: 6 - Mayor/Agency Chair Klein
Vice Mayor/Agencymember Melton
Councilmember/Agencymember Larsson
Councilmember/Agencymember Hendricks
Councilmember/Agencymember Smith
Councilmember/Agencymember Goldman
City of Sunnyvale Page 7
City Council Meeting Minutes - Final March 26, 2019
No: 0
Absent: 1 - Councilmember/Agencymember Fong
4.A 19-0290 Approve the Third Amendment to Outside Counsel Agreement
with Goldfarb Lipman for Town Center Development Matters
Redevelopment Successor Agency:
Authorize the Agency Counsel to execute a Third 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 $75,000,
for a new not-to-exceed contract amount of $275,000 and extend the term to
December 31, 2022.
4.B 19-0292 Approve the Fifth 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 Council:
Authorize the City Attorney to execute a Fifth 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 $75,000, for a new
not-to-exceed contract amount of $320,000.
Redevelopment Successor Agency:
Authorize the Agency Counsel to execute a Fifth 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 $75,000,
for a new not-to-exceed contract amount of $320,000.
ADJOURNMENT
Mayor/Agency Chair Klein adjourned the meeting at 7:48 p.m.
City of Sunnyvale Page 8
Agenda
City of Sunnyvale
Notice and Agenda
City Council
Tuesday, March 26, 2019 5:30 PM Council Chambers, City Hall, 456 W. Olive
Ave., Sunnyvale, CA 94086
Special Meeting: Study Session - 5:30 PM | Regular Meeting - 7 PM | Special Meeting
immediately following Regular Council meeting: Joint City Council and Redevelopment
Successor Agency
5:30 P.M. SPECIAL COUNCIL MEETING (Study Session)
1 Call to Order in the Council Chambers (Open to the Public)
2 Roll Call
3 Public Comment
4 Study Session
19-0262 Climate Action Plan 2.0
Location: Council Chambers
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
ORAL COMMUNICATIONS
City of Sunnyvale Page 1 Printed on 3/21/2019
City Council Notice and Agenda March 26, 2019
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 19-0214 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.B 19-0219 Approve the Downtown Sunnyvale Business Improvement
District Annual Report for Fiscal Year 2018/19; and Adopt
Resolution of Intention to Levy and Collect an Annual
Assessment and Reauthorize the BID for Fiscal Year 2019/20
Recommendation: Approve the Fiscal Year 2018/19 BID Annual Report, adopt the
Resolution of Intention to Levy and Collect an Assessment and
Reauthorize the Business Improvement District for Fiscal Year
2019/20, and schedule the public hearing for May 7, 2019.
1.C 19-0425 Adopt Ordinance No. 3143-19 to add Chapter 1.07
(Administrative Subpoenas) of Title 1 (General Provisions) of
the Sunnyvale Municipal Code relating to Administrative
Subpoenas
Recommendation: Adopt Ordinance No. 3143-19.
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
City of Sunnyvale Page 2 Printed on 3/21/2019
City Council Notice and Agenda March 26, 2019
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 19-0364 Approve Study Issue Presentation Dates for Recommended
Studies in 2019
Recommendation: Alternative 1: Approve the Proposed Presentation Dates for
2019 Council-ranked Study Issues as noted in Attachment 2 in
the report.
3 19-0206 Award of Bid No. PW19-11 to Anderson Pacific Engineering
Construction, Inc. for Storm Pump Station No. 1 Rehabilitation
Re-Bid, Waiver of Minor Bid Irregularity, Finding of California
Environmental Quality Act (CEQA) Categorical Exemption, and
Approval of Budget Modification No. 21 in the amount of
$1,016,000, and Approve the Third Amendment to Consultant
Services Agreement with Infrastructure Engineering
Corporation (F14-049)
City of Sunnyvale Page 3 Printed on 3/21/2019
City Council Notice and Agenda March 26, 2019
Recommendation: Alternative 1: Take the following actions:
- Make a finding of California Environmental Quality Act
(CEQA) categorical exemption pursuant to CEQA Guidelines
Sections 15301(b) and 15378 (b)(5)
- Make a determination to waive the minor bid irregularity for
Anderson Pacific Engineering Construction, Inc.
- Award a contract in substantially the same form as
Attachment 2 to the report and in the amount of $1,947,400 to
Anderson Pacific Engineering Construction, Inc.
- Authorize the City Manager to execute the contract when all
necessary conditions have been met
- Approve Budget Modification No. 21 in the amount of
$1,016,000
- Approve a 10% construction contingency in the amount of
$194,740.
- Authorize the City Manager to execute the Third Amendment,
in substantially the same form as Attachment 3 to the report, to
extend the term through June 30, 2027 and to increase the
not-to-exceed contract amount by $119,636 for a new not to
exceed amount of $383,225
- Approve an increase to the design contingency in the amount
of $20,364.
- Authorize the City Manager to extend the term of the
Consultant Services Agreement with Infrastructure Engineering
Corporation, if operationally necessary, until post construction
biological monitoring and reporting is completed.
COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
NON-AGENDA ITEMS & COMMENTS
-Council
-City Manager
INFORMATION ONLY REPORTS/ITEMS
19-0347 Tentative Council Meeting Agenda Calendar
19-0348 Information/Action Items
City of Sunnyvale Page 4 Printed on 3/21/2019
City Council Notice and Agenda March 26, 2019
19-0349 Board/Commission Meeting Minutes
19-0396 Boards and Commissions Semi-Annual Attendance Report,
July - December 2018 (Information Only)
19-0397 Board/Commission Resignation (Information Only)
ADJOURNMENT
Adjourn to Special Joint Meeting of the City Council and Redevelopment
Successor Agency
SPECIAL JOINT CITY COUNCIL AND REDEVELOPMENT SUCCESSOR AGENCY
MEETING (immediately following the Regular Council Meeting)
1 Call To Order
2 Roll Call
3 Public Comment
4 Consent Calendar
4.A 19-0290 Approve the Third Amendment to Outside Counsel Agreement
with Goldfarb Lipman for Town Center Development Matters
Recommendation: Redevelopment Successor Agency:
Authorize the Agency Counsel to execute a Third 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 $75,000, for a
new not-to-exceed contract amount of $275,000 and extend
the term to December 31, 2022.
4.B 19-0292 Approve the Fifth 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 of Sunnyvale Page 5 Printed on 3/21/2019
City Council Notice and Agenda March 26, 2019
Recommendation: City Council:
Authorize the City Attorney to execute a Fifth 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 $75,000, for a
new not-to-exceed contract amount of $320,000.
Redevelopment Successor Agency:
Authorize the Agency Counsel to execute a Fifth 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 $75,000, for a
new not-to-exceed contract amount of $320,000.
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 3/21/2019
City Council Notice and Agenda March 26, 2019
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 3/21/2019
Get email alerts for Sunnyvale
A daily email when new agendas and minutes are posted.