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City Council

Regular Meeting

Sunnyvale, CA · January 28, 2014

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Minutes

City of Sunnyvale Meeting Minutes City Council Tuesday, January 28, 2014 5:00 PM Council Chambers, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting - Closed Sessions 5 PM | Special Meeting - Study Session 6 PM | Regular Meeting - 7 PM CALL TO ORDER SALUTE TO THE FLAG ROLL CALL Present: 7 - Mayor Jim Griffith Vice Mayor Jim Davis Councilmember David Whittum Councilmember Pat Meyering Councilmember Tara Martin-Milius Councilmember Glenn Hendricks Councilmember Gustav Larsson (Councilmember Whittum attended via teleconference) CLOSED SESSION REPORTS Closed Session pursuant to California Government Code Section 54957, Public Employee Appointment - City Manager: Vice Mayor Davis reported Council met with the consultant that is working with the City with regard to the hiring of the new city manager; discussions were held, direction was given, no action was taken. Closed Session pursuant to California Government Code Section 54957.6, Conference with Labor Negotiators - Sunnyvale Managers Association: Vice Mayor Davis reported Council met with the lead City negotiator with regard to negotiations between the Sunnyvale Management Association and the City of Sunnyvale; discussions were held, direction was given, no action was taken. PUBLIC ANNOUNCEMENTS None. CONSENT CALENDAR City of Sunnyvale Page 1 City Council Meeting Minutes January 28, 2014 Councilmember Meyering pulled Items 1.A, 1.B and 1.C from the Consent Calendar. MOTION: Vice Mayor Davis moved and Councilmember Hendricks seconded the motion to approve the Consent Calendar with the exception of Items 1.A, 1.B and 1.C. The motion carried by the following vote: Yes: 7 - Mayor Griffith Vice Mayor Davis Councilmember Whittum Councilmember Meyering Councilmember Martin-Milius Councilmember Hendricks Councilmember Larsson No: 0 Mayor Griffith announced Items 1.A, 1.B, and 1.C would be handled following the regular Public Hearing / General Business items. Following action on Public Hearing Item 3, Council handled the remaining Consent Calendar items. Councilmember Meyering requested a No vote be recorded for him for Items 1.A, 1.B, and 1.C. MOTION: Vice Mayor Davis moved and Councilmember Hendricks seconded the motion to approve Items 1.A, 1.B and 1.C. The motion carried by the following vote: Yes: 6 - Mayor Griffith Vice Mayor Davis Councilmember Whittum Councilmember Martin-Milius Councilmember Hendricks Councilmember Larsson No: 1 - Councilmember Meyering 1.A 14-0082 Approval of City Council Meeting Minutes of January 7, 2014 Approve the City Council Meeting Minutes of January 7, 2014 as submitted. 1.B 14-0040 Approval of City Council Meeting Minutes of January 14, 2014 Approve the City Council Meeting Minutes of January 14, 2014 as submitted. City of Sunnyvale Page 2 City Council Meeting Minutes January 28, 2014 1.C 14-0089 List(s) of Claims and Bills Approved for Payment by the City Manager Approve the list(s) of bills. 1.D 14-0074 Award of Contract for Automated External Defibrillators (F14-46) Award a contract in the amount of $129,057, in substantially the same form as the attached draft purchase order, to HeartReady for 59 automated external defibrillators and accessories. 1.E 14-0077 Authorize the City Manager to Execute the Funding Agreement Between the City of Sunnyvale and the Santa Clara Valley Transportation Authority for 2010 Vehicle Registration Fee Countywide Program, Increase the Hendy Avenue Complete Street Improvements Construction Contract Contingency by $450,000, Increase the Contingency for the Consultant Services Agreement Between the City of Sunnyvale and Bellecci & Associates, Inc. for the Design and Construction Support Services for Hendy Avenue Complete Street Project by $22,000, and Adopt a Finding of Categorical Exemption per CEQA Guidelines 15330 (b)(5) 1. Authorize the City Manager to Execute the Funding Agreement Between the City of Sunnyvale and the Santa Clara Valley Transportation Authority for 2010 Vehicle Registration Fee Countywide Program, 2. Increase the Hendy Avenue Complete Street Improvements Construction Contract Contingency by $450,000, 3. Increase the contingency for the Consultant Services Agreement Between the City of Sunnyvale and Bellecci & Associates, Inc. for the Design and Construction Support Services for Hendy Avenue Complete Street Project by $22,000, and 4. Adopt a Finding of Categorical Exemption per CEQA Guidelines 15330 (b) (5). 1.F 14-0085 Rejection of Bids for Sanitary Sewer Lift Stations Rebuild (PW14-03) Reject all bids received in response to Invitation for Bids No. PW14-03 for Sanitary Sewer Lift Stations Rebuild. 1.G 14-0088 Approve Budget Modification No. 25 to Appropriate $93,500 of Department of Homeland Security, State Homeland Security Grant Program Funds for Training City of Sunnyvale Page 3 City Council Meeting Minutes January 28, 2014 Approve Budget Modification No. 25 to appropriate $93,500 of Department of Homeland Security, State Homeland Security Grant Program Funds for Training to two new projects, FFY 2013 SHSGP - Training - Blue Card Command and FFY 2013 SHSGP - Training - Emergency Volunteer Program. 1.H 14-0091 Authorization to Modify Existing Contracts for Citywide Temporary Personnel Placement Services for the Department of Human Resources (F14-55) 1. Approve modification of existing contracts with AppleOne Employment Services and Coast Personnel Services, Inc. by increasing the not-to-exceed value to $200,000 each; and 2. Delegate authority to the City Manager to renew the contracts for three additional one-year periods consistent with the terms of Request for Proposals No. F1103-56, provided pricing and service remain acceptable. PUBLIC COMMENTS Laura Babcock provided a revised request of Sunnyvale Historical Society’s earlier request for a budget modification for the relocation of the 1912 Butcher’s Corner house to save it for historical purposes. Babcock stated the Society has obtained a matching funds grant $500,000, and if the funds are provided in the form of a grant, the Society will manage the project in partnership with the City. Maria Pan spoke regarding communications she has had with Councilmember Martin-Milius. Holly Lofgren spoke in support of ranking three items high enough for study in 2014: the intersection at Wolfe, El Camino and Fremont, the proposal to reconfigure Wolfe Road or combine the two studies, and the item regarding residential properties in the El Camino Precise Plan. Lofgren expressed concerns regarding the Historical Society’s request for a budget modification and whether that would affect the annexation of the Butcher corner property. Dan Hafeman spoke in support of study issues DPW 14-15, entering into an agreement with Santa Clara Unified School District for joint-use of Petersen field, and DPW 14-09, regarding Downtown lighting. PUBLIC HEARINGS/GENERAL BUSINESS 2 14-0101 2013-7142 Discussion and Possible Action to Adopt Design Guidelines for Bird-safe Buildings (Study Issue) City of Sunnyvale Page 4 City Council Meeting Minutes January 28, 2014 Principal Planner Andy Miner presented the staff report. Public hearing opened at 7:42 p.m. Mike Ferreira, Conservation Chair of the Loma Prieta Chapter of the Sierra Club, spoke in favor of moving forward with bird-safe design guidelines. Russ Melton, Chair of the Planning Commission, presented the commission’s recommendation to make no changes to public policy until such time that relevant, local Sunnyvale data as to the magnitude of the problem can be sourced. Jan Hintermeister spoke regarding numerous instances of birds hitting windows at one two-story building in Sunnyvale since 2001, and provided samples of preserved dead Cedar Waxwings. Hintermeister urged adoption of bird-safe design guidelines. Anaya and Mitali Khanzode requested support for a bird-safe ordinance. Kira Od spoke in support of bird-safe design and recommended focusing on what is known to work such as avoiding mirrored glass or open views from window to window. Stephanie Ellie, Director, Santa Clara Valley Audubon Society, provided information and a PowerPoint presentation in support of bird-safe design. Irene Steves, Audubon Society, continued the PowerPoint presentation on bird-safe design. Shani Kleinhaus, Audubon Society, continued the PowerPoint presentation, and requested to adopt the proposed bird-safe design guidelines. Gloria Bechtler spoke in support of bird-safe building design guidelines. Lisa Karpinski spoke in support of starting with the bird-safe building design guidelines and work toward development of an ordinance. Leena Khanzode spoke in support of making strong recommendations for the bird-safe design guidelines and to move forward with an ordinance. Public hearing closed at 8:20 p.m. City of Sunnyvale Page 5 City Council Meeting Minutes January 28, 2014 MOTION: Councilmember Martin-Milius moved and Councilmember Whittum seconded the motion to adopt the guidelines as preliminary informational data going forward and approve Alternative 1: Establish the guidelines listed in Attachment 4 to include appropriate bird-safe designs in project designs. Guidelines include: a. Specific guidelines for projects located within 300 feet of the bay and/or body of water, the total of which exceeds one acre in size, and/or adjacent to a landscaped area, open space or park larger than one acre in size; b. City-wide guidelines for other areas; and c. Monitoring efforts; and add a condition that says no mirrored glass, and additionally look at developing an ordinance in two years. FRIENDLY AMENDMENT: Councilmember Hendricks offered a friendly amendment to adjust the language that is in the attachment so that it actually says “guidelines” as opposed to “required”. Councilmember Martin-Milius accepted the friendly amendment. The motion as amended carried by the following vote: Yes: 6 - Mayor Griffith Councilmember Whittum Councilmember Meyering Councilmember Martin-Milius Councilmember Hendricks Councilmember Larsson No: 1 - Vice Mayor Davis 3 14-0073 Discussion and Possible Action Regarding the City’s Long Term Trash Reduction Plan and Determination that Project is Exempt from CEQA Director of Environmental Services John Stufflebean presented the staff report. Public Hearing opened at 8:59 p.m. No speakers. Public Hearing closed at 8:59 p.m. MOTION: Councilmember Hendricks moved and Councilmember Martin-Milius seconded the motion to approve Alternative 1: Authorize the City Manager to submit the Long Term Trash Reduction Plan to the Regional Water Quality Control Board by February 1, 2014 as required by the Regional Stormwater Permit. The motion carried by the following vote: City of Sunnyvale Page 6 City Council Meeting Minutes January 28, 2014 Yes: 7 - Mayor Griffith Vice Mayor Davis Councilmember Whittum Councilmember Meyering Councilmember Martin-Milius Councilmember Hendricks Councilmember Larsson No: 0 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Councilmember Whittum reported on a meeting of the VTA Board of Directors of January 9th. Vice Mayor Davis reported on meetings of the VTA Policy Advisory Committee, the Automated Transportation Working Group, and the North County Winter Shelter Task Force. Davis reported he represented the City at the Taiwanese American Federation New Year celebration and the Santa Clara County State of the County event. Councilmember Martin-Milius reported on a meeting of the Santa Clara County Water Commission. Councilmember Larsson reported on a meeting of Bay Area Water Supply and Conservation Agency (BAWSCA). Mayor Griffith reported his attendance at the recent U.S. Conference of Mayors. NON-AGENDA ITEMS & COMMENTS -Council Mayor Griffith requested in future, to avoid scheduling meetings on the same night as the State of the Union. -City Manager Interim City Manager Robert Walker reported the Study Issues and Budget Issues are posted on the City website. INFORMATION ONLY REPORTS/ITEMS 14-0142 Tentative Council Meeting Agenda Calendar City of Sunnyvale Page 7 City Council Meeting Minutes January 28, 2014 14-0099 Information/Action Items 14-0100 Planning Commission Unscheduled Vacancies (Information Only) 14-0087 Study Session Summary of December 17, 2013 - Shuttle Buses - Effective Shuttle Systems and the State of Shuttle Buses in Sunnyvale ADJOURNMENT Mayor Griffith adjourned the meeting at 9:19 p.m. City of Sunnyvale Page 8

Agenda

City of Sunnyvale Notice and Agenda City Council Tuesday, January 28, 2014 5:00 PM Council Chambers, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting - Closed Sessions 5 PM | Special Meeting - Study Session 6 PM | Regular Meeting - 7 PM TELECONFERENCE NOTICE Pursuant to Government Code Section 54953, Subdivision (b), the following Council meetings will include teleconference participation by Councilmember David Whittum from: Hilton Knoxville Hotel, 501 West Church Ave., Knoxville TN 37902 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 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 14-0114 Closed Session held pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE APPOINTMENT Title: City Manager 14-0115 Closed Session held pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Teri Silva, Director of Human Resources; Robert Walker, Interim City Manager Employee organization: Sunnyvale Managers Association City of Sunnyvale Page 1 Printed on 1/23/2014 City Council Notice and Agenda January 28, 2014 5 Adjourn Special Meeting 6 P.M. SPECIAL COUNCIL MEETING (Study Session) 1 Call to Order in the West Conference Room (Open to the Public) 2 Roll Call 3 Study Session 14-0043 Board and Commission Interviews 4 Public Comment 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 REPORTS PUBLIC ANNOUNCEMENTS Each speaker is limited to three minutes for announcements of community events, programs, or recognition. City of Sunnyvale Page 2 Printed on 1/23/2014 City Council Notice and Agenda January 28, 2014 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 14-0082 Approval of City Council Meeting Minutes of January 7, 2014 Recommendation: Approve the City Council Meeting Minutes of January 7, 2014 as submitted. Attachments: Draft Minutes of 1/7/2014 1.B 14-0040 Approval of City Council Meeting Minutes of January 14, 2014 Recommendation: Approve the City Council Meeting Minutes of January 14, 2014 as submitted. Attachments: Draft Minutes of 1/14/2014 1.C 14-0089 List(s) of Claims and Bills Approved for Payment by the City Manager Recommendation: Approve the list(s) of bills. Attachments: Lists of Claims and Bills 1.D 14-0074 Award of Contract for Automated External Defibrillators (F14-46) Recommendation: Award a contract in the amount of $129,057, in substantially the same form as the attached draft purchase order, to HeartReady for 59 automated external defibrillators and accessories. Attachments: Bid Tabulation Draft Purchase Order City of Sunnyvale Page 3 Printed on 1/23/2014 City Council Notice and Agenda January 28, 2014 1.E 14-0077 Authorize the City Manager to Execute the Funding Agreement Between the City of Sunnyvale and the Santa Clara Valley Transportation Authority for 2010 Vehicle Registration Fee Countywide Program, Increase the Hendy Avenue Complete Street Improvements Construction Contract Contingency by $450,000, Increase the Contingency for the Consultant Services Agreement Between the City of Sunnyvale and Bellecci & Associates, Inc. for the Design and Construction Support Services for Hendy Avenue Complete Street Project by $22,000, and Adopt a Finding of Categorical Exemption per CEQA Guidelines 15330 (b)(5) Recommendation: 1. Authorize the City Manager to Execute the Funding Agreement Between the City of Sunnyvale and the Santa Clara Valley Transportation Authority for 2010 Vehicle Registration Fee Countywide Program, 2. Increase the Hendy Avenue Complete Street Improvements Construction Contract Contingency by $450,000, 3. Increase the contingency for the Consultant Services Agreement Between the City of Sunnyvale and Bellecci & Associates, Inc. for the Design and Construction Support Services for Hendy Avenue Complete Street Project by $22,000, and 4. Adopt a Finding of Categorical Exemption per CEQA Guidelines 15330 (b)(5). Attachments: Funding Agreement 1.F 14-0085 Rejection of Bids for Sanitary Sewer Lift Stations Rebuild (PW14-03) Recommendation: Reject all bids received in response to Invitation for Bids No. PW14-03 for Sanitary Sewer Lift Stations Rebuild. Attachments: Bid Summary City of Sunnyvale Page 4 Printed on 1/23/2014 City Council Notice and Agenda January 28, 2014 1.G 14-0088 Approve Budget Modification No. 25 to Appropriate $93,500 of Department of Homeland Security, State Homeland Security Grant Program Funds for Training Recommendation: Approve Budget Modification No. 25 to appropriate $93,500 of Department of Homeland Security, State Homeland Security Grant Program Funds for Training to two new projects, FFY 2013 SHSGP - Training - Blue Card Command and FFY 2013 SHSGP - Training - Emergency Volunteer Program. 1.H 14-0091 Authorization to Modify Existing Contracts for Citywide Temporary Personnel Placement Services for the Department of Human Resources (F14-55) Recommendation: 1. Approve modification of existing contracts with AppleOne Employment Services and Coast Personnel Services, Inc. by increasing the not-to-exceed value to $200,000 each; and 2. Delegate authority to the City Manager to renew the contracts for three additional one-year periods consistent with the terms of Request for Proposals No. F1103-56, provided pricing and service remain acceptable. Attachments: Draft Second Amendment to AppleOne Contract Draft Amendment to Coast Contract PUBLIC COMMENTS This category 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 three minutes per speaker. If your subject is not on this evening’s agenda you will be recognized at this time; however, the Brown Act (Open Meeting Law) does not allow action by Councilmembers. 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. PUBLIC HEARINGS/GENERAL BUSINESS If you wish to speak to a public hearings/general business item, please fill out a speaker card and give it to the City Clerk. You will be recognized at the time the item is being considered by Council. Each speaker is limited to a maximum of three minutes. For land-use items, applicants are limited to a maximum of 10 minutes for opening comments and 5 minutes for closing comments. City of Sunnyvale Page 5 Printed on 1/23/2014 City Council Notice and Agenda January 28, 2014 2 14-0101 2013-7142 Discussion and Possible Action to Adopt Design Guidelines for Bird-safe Buildings (Study Issue) Recommendation: Alternative 1: 1. Establish the guidelines listed in Attachment 4 to include appropriate bird-safe designs in project designs. Guidelines include: a. Specific guidelines for projects located within 300 feet of the bay and/or body of water, the total of which exceeds one acre in size, and/or adjacent to a landscaped area, open space or park larger than one acre in size; b. City-wide guidelines for other areas; and c. Monitoring efforts. Attachments: Study Issue Paper CDD 13-13.pdf Examples of Bird-safe Study and Guidelines.pdf Article Regarding Bird Safety.pdf Bird Safe Guidelines.docx Audubon Society letter 1.13.14.doc 3 14-0073 Discussion and Possible Action Regarding the City’s Long Term Trash Reduction Plan and Determination that Project is Exempt from CEQA Recommendation: Alternative 1: Authorize the City Manager to submit the Long Term Trash Reduction Plan to the Regional Water Quality Control Board by February 1, 2014 as required by the Regional Stormwater Permit. Attachments: Status Summary of Short Term Trash Reduction Actions Sunnyvale Trash Generation Map Sunnyvale Trash Management Areas Map Assessment of Trash Actions by Trash Management Area Sunnyvale Long Term Trash Reduction Plan Schedule Draft Sunnyvale Long Term Trash Reduction Plan Draft Minutes Sustainability Commission January 21, 2014 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS City of Sunnyvale Page 6 Printed on 1/23/2014 City Council Notice and Agenda January 28, 2014 NON-AGENDA ITEMS & COMMENTS -Council -City Manager INFORMATION ONLY REPORTS/ITEMS 14-0142 Tentative Council Meeting Agenda Calendar Attachments: TCMAC 14-0099 Information/Action Items Attachments: Information/Action Items 14-0100 Planning Commission Unscheduled Vacancies (Information Only) 14-0087 Study Session Summary of December 17, 2013 - Shuttle Buses - Effective Shuttle Systems and the State of Shuttle Buses in Sunnyvale ADJOURNMENT City of Sunnyvale Page 7 Printed on 1/23/2014 City Council Notice and Agenda January 28, 2014 NOTICE TO THE PUBLIC The agenda reports to council (RTC’s) may be viewed on the City’s Web site 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. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.106 ADA Title II). Planning a presentation for a City Council/Planning Commission meeting? To assist you in utilizing the technology available in the Council Chambers, the publication “How to Make Your Council Chamber Presentation More Effective” may be helpful. The document is available on the City Web site at sunnyvale.ca.gov. Planning to present 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. City of Sunnyvale Page 8 Printed on 1/23/2014 City Council Notice and Agenda January 28, 2014 Upcoming Meetings Visit CouncilMeetings.inSunnyvale.com for upcoming Council meeting information. Visit BoardsandCommissions.inSunnyvale.com for upcoming board and commission meeting information. For a complete schedule of KSUN-15 Council meeting broadcasts, visit KSUN.insunnyvale.com. City of Sunnyvale Page 9 Printed on 1/23/2014

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