City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, February 11, 2014 5:30 PM Council Chambers and West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting-Closed Sessions-5:30 P.M. | Regular Meeting-7 P.M. CALL TO ORDER SALUTE TO THE FLAG Mayor Griffith led the 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 CLOSED SESSION REPORTS Closed Session held pursuant to California Government Code Section 54957: PUBLIC EMPLOYMENT, Title: City Manager Vice Mayor Davis reported Council met in Closed Session on February 7; direction was given and no action was taken. Closed Session held pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Council subcommittee: Mayor Griffith, Councilmembers Martin-Milius and Larsson; Unrepresented employee: City Manager Vice Mayor Davis reported Council met in Closed Session on February 11; direction was given and no action was taken. PUBLIC ANNOUNCEMENTS City of Sunnyvale Page 1 City Council Meeting Minutes February 11, 2014 Councilmember Meyering announced the County Superior Court's recruitment for volunteers for the 2014-2015 Civil Grand Jury. Myra Diamond, Sunnyvale Community Players, announced an upcoming opening of a junior production at the Sunnyvale Theatre. PRESENTATION 14-0013 PRESENTATION - Fremont Union High School District Presentation Regarding Joint Use Agreements with the City Polly Bove, Superintendent of Fremont Union High School District, provided a presentation regarding the district and introduced the District Board. CONSENT CALENDAR Mayor Griffith stated a member of the public requested to pull Item 1.L. Councilmember Meyering requested to record a No vote on Items 1.A, 1.B, 1.F and 1.J and to pull Items 1.C and 1.G. Vice Mayor Davis requested to pull Item 1.C. MOTION: Vice Mayor Davis moved and Councilmember Whittum seconded the motion to approve the Consent Calendar with the exception of Items 1.C, 1.G and 1.L. 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 1.A 14-0059 Approval of City Council Meeting Minutes of January 28, 2014 Approve the City Council Meeting Minutes of January 28, 2014 as submitted. The motion carried by the following vote: City of Sunnyvale Page 2 City Council Meeting Minutes February 11, 2014 Yes: 6 - Mayor Griffith Vice Mayor Davis Councilmember Whittum Councilmember Martin-Milius Councilmember Hendricks Councilmember Larsson No: 1 - Councilmember Meyering 1.B 14-0170 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Approve the list(s) of claims and bills. 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.C 14-0067 Approve by Resolution Installation of All-Way Stop Sign Control at Bernardo Avenue and Ayala Drive, Heatherstone and Mango Avenues, and Adopt a Finding That the Project is Exempt Under the California Environmental Quality Act Public Hearing opened at 7:31 p.m. No speakers. Public Hearing closed at 7:31 p.m. MOTION: Vice Mayor Davis moved to adopt Item 1.C with the elimination of the stop sign at Bernardo and Ayala. Motion died due to lack of a second. MOTION: Councilmember Whittum moved and Councilmember Hendricks seconded the motion to approve the resolution to convert the intersections of Bernardo Avenue at Ayala Drive and Heatherstone Avenue and Mango Avenue from two-way stop sign control to all-way stop sign control and remove the lighted crosswalk system on the crossing of Bernardo Avenue; and, adopt a finding of California Environmental Quality Act Exemption. The motion carried by the following vote: City of Sunnyvale Page 3 City Council Meeting Minutes February 11, 2014 Yes: 6 - Mayor Griffith Councilmember Whittum Councilmember Meyering Councilmember Martin-Milius Councilmember Hendricks Councilmember Larsson No: 1 - Vice Mayor Davis 1.D 14-0116 Approve the Proposed Second Amendment to an Existing Contract for Polymer Flocculant for the Water Pollution Control Plant (F14-58) Approve the attached draft Second Amendment to the Service Agreement Between the City of Sunnyvale and Polydyne, Inc. for the Supply of Polymer Flocculant and Related Services at the Water Pollution Control Plant. 1.E 14-0122 Award of Bid No. PW14-04 for Playground Equipment Replacement at Las Palmas Park and Finding of CEQA Categorical Exemption 1. Award a contract, in substantially the same format as the attached draft and in the amount of $507,639, to G&G Builders, Inc., for the subject project, and authorize the City Manager to execute the contract when all the necessary conditions have been met; and 2. Approve a 10% construction contingency in the amount of $50,764; and 3. Make a finding that the project is categorically exempt from CEQA pursuant to Class 1, Section 15302 for the replacement or reconstruction of existing structures. 1.F 14-0123 Approval of the Final Map (Tract No. 10053) - Six Condominium Units at 585 Old San Francisco Road by Hulee Property Development, LLC Approve the final map for Tract No. 10053; authorize the Mayor to sign the subdivision agreement upon submittal of other documents deemed necessary by the Director of Public Works; direct the City Clerk to sign the City Clerk's Statement and forward the final map for recordation. Yes: 6 - Mayor Griffith Vice Mayor Davis Councilmember Whittum Councilmember Martin-Milius Councilmember Hendricks Councilmember Larsson City of Sunnyvale Page 4 City Council Meeting Minutes February 11, 2014 No: 1 - Councilmember Meyering 1.G 14-0128 Approve HOME Investment Partnership Act (HOME) Loan Agreement with Parkside Studios, L.P., an affiliate of Charities Housing, for a loan of $850,000 to develop Parkside Studios at 620 E. Maude Avenue in Sunnyvale. Public Hearing opened at 7:35 p.m. No speakers. Public hearing closed at 7:35 p.m. MOTION: Councilmember Whittum moved and Councilmember Hendricks seconded the motion to Approve the HOME Loan Agreement between the City of Sunnyvale and Parkside Studios, L.P. in substantially the form provided in Attachment 1 to the report, and authorize the City Manager to execute the agreement and associated loan documents in final form as approved by the City Attorney. 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.H 14-0130 Approve Budget Modification No. 29 to appropriate $11,000 of Pacific Library Partnership Innovation and Technology Opportunity Grant Funds for the Code It! project. Approve Budget Modification No. 29 to appropriate Pacific Library Partnership grant funds in the amount of $11,000 to a new project, Code It! 1.I 14-0132 Approve Budget Modification No. 24 to Appropriate $16,000 of California Office of Traffic Safety Grant Funds for Avoid the 13 Driving Under the Influence Saturation Patrols Approve Budget Modification No. 24 to appropriate California Office of Traffic Safety Grant funds in the amount of $16,000 to a new project, FY 2013/14 Avoid the 13 DUI Enforcement. 1.J 14-0146 Approval of the Second Final Map (Tract No. 10170) - 13 Townhomes and 32 Condominium Units at 660 West El Camino Real by Dorothy Miller Family Limited Partnership City of Sunnyvale Page 5 City Council Meeting Minutes February 11, 2014 Approve the second final map of Tract No. 10170; direct the City Clerk to sign the City Clerk's Statement and forward the final map for recordation. Yes: 6 - Mayor Griffith Vice Mayor Davis Councilmember Whittum Councilmember Martin-Milius Councilmember Hendricks Councilmember Larsson No: 1 - Councilmember Meyering 1.K 14-0155 Receive and File the City of Sunnyvale Investment Report - 4th Quarter 2013 Receive and file the City of Sunnyvale FY 2013/14 Period 7 investment report (Attachment 1). 1.L 14-0178 Approve Budget Modification No. 23 to Appropriate $50,000 of California Office of Traffic Safety Selective Traffic Enforcement Program Grant Funds to Enhance Bicycle and Pedestrian Safety Public Hearing opened at 7:37 p.m. Kevin Jackson, Bicycle and Pedestrian Advisory Commission member speaking for himself, spoke in support of the effort and offered three points of consideration: that the word “accidents” be replaced with “crashes” or collisions,” that motorists be included in the planning, and that staff collaborate with groups such as Safe Routes to School, Silicon Valley Bike Coalition and League of American Bicyclists to improve the effectiveness of the program. Public Hearing closed at 7:40 p.m. Councilmember Whittum moved and Councilmember Hendricks seconded the motion to approve Budget Modification No. 23 to appropriate California Office of Traffic Safety Selective Traffic Enforcement Program Grant funds in the amount of $50,000 to enhance bicycle and pedestrian safety to a new project, FY 2013/14 OTS Bicycle and Pedestrian Safety, and encourage staff to encourage outreach to motorists, to consider appropriate use of the word “crashes” versus “accidents”, and to provide some emphasis to the three foot safe passing. The motion carried by the following vote: City of Sunnyvale Page 6 City Council Meeting Minutes February 11, 2014 Yes: 7 - Mayor Griffith Vice Mayor Davis Councilmember Whittum Councilmember Meyering Councilmember Martin-Milius Councilmember Hendricks Councilmember Larsson No: 0 PUBLIC COMMENTS Michael Goldman provided a PowerPoint presentation regarding the Civic Center property. PUBLIC HEARINGS/GENERAL BUSINESS 2 14-0020 Discussion and Possible Action to Appoint Applicants to Commissions City Clerk Kathleen Franco Simmons provided a brief report. Heritage Preservation Commission (2 vacancies) 1 term to 6/30/2014, 1 term to 6/30/2017 Dietrich, Hannalore VOTE: 7 – 0 – 0 Goka, Margaret VOTE: 2 – 0 – 5 (Councilmember Whittum, Mayor Griffith, Councilmembers Martin-Milius, Larsson and Hendricks abstained) Larsen, Dixie VOTE: 6 – 0 – 1 (Vice Mayor Davis abstained) MOTION: Councilmember Whittum moved and Vice Mayor Davis seconded the motion to appoint Hannalore Dietrich to the Heritage Preservation Commission to a term expiring June 30, 2014 and Dixie Larsen to a term expiring June 30, 2017. VOTE: 7 – 0 Housing and Human Services Commission (1 vacancy) 1 Term to 6/30/2017 City of Sunnyvale Page 7 City Council Meeting Minutes February 11, 2014 McCloud, Chrichelle VOTE: 7 – 0 City Clerk Kathleen Franco Simmons announced Chrichelle McCloud has been appointed to the Housing and Human Services Commission to a term expiring June 30, 2017. Planning Commission (4 vacancies) 2 terms to 6/30/2014, 1 term to 6/30/2015, 1 term to 6/30/2016 Albanese, Barbara VOTE: 0 – 0 – 7 (All Councilmembers abstained) Babcock, Laura VOTE: 4 – 0 – 3 (Councilmembers Meyering and Whittum and Vice Mayor Davis abstained) Chuck, Edward VOTE: 2 – 0 – 5 (Councilmembers Meyering and Whittum, Vice Mayor Davis, Councilmembers Martin-Milius and Hendricks abstained) Cordes, John VOTE: 3 – 0 – 4 (Councilmember Meyering, Vice Mayor Davis and Councilmembers Martin-Milius and Hendricks abstained) Fowler, Terry VOTE: 4 – 0 – 3 (Councilmembers Meyering, Whittum and Hendricks abstained) Franz, Katherine VOTE: 3 – 0 – 4 (Councilmembers Meyering and Whittum, Vice Mayor Davis and Councilmember Hendricks abstained) Frazer, Andy VOTE: 1 – 0 – 6 (Councilmember Meyering, Vice Mayor Davis, Mayor Griffith, Councilmembers Martin-Milius, Larsson and Hendricks abstained) Harrison, Sue VOTE: 4 – 0 – 3 (Councilmembers Meyering and Whittum and Vice Mayor Davis abstained) City of Sunnyvale Page 8 City Council Meeting Minutes February 11, 2014 Kelley, Michael VOTE: 2 – 0 – 5 (Vice Mayor Davis, Mayor Griffith, Councilmembers Martin-Milius, Larsson and Hendricks abstained) Klein, Larry VOTE: 6 – 0 – 1 (Councilmember Meyering abstained) Miller, Robert VOTE: 1 – 0 – 6 (Councilmembers Meyering and Whittum, Vice Mayor Davis, Councilmembers Martin-Milius, Larsson and Hendricks abstained) Pathak, Narendra VOTE: 4 – 0 – 3 (Vice Mayor Davis, Councilmembers Larsson and Hendricks abstained) Rheaume, Ken VOTE: 6 – 0 – 1 (Councilmember Hendricks abstained) Simons, David VOTE: 5 – 0 – 2 (Councilmembers Meyering and Whittum abstained) Wade, Kevon VOTE: 4 – 0 – 3 (Mayor Griffith, Councilmembers Larsson and Hendricks abstained) TIE-BREAKER Babcock, Laura VOTE: 3 – 0 – 4 (Councilmembers Meyering and Whittum, Vice Mayor Davis and Mayor Griffith abstained) Fowler, Terry VOTE: 3 – 0 – 4 (Councilmembers Meyering, Whittum, Martin-Milius and Hendricks abstained) Harrison, Sue VOTE: 4 – 0 – 3 (Councilmembers Meyering and Whittum and Vice Mayor Davis abstained) Pathak, Narendra City of Sunnyvale Page 9 City Council Meeting Minutes February 11, 2014 VOTE: 2 – 0 – 5 (Vice Mayor Davis, Mayor Griffith, Councilmembers Martin-Milius, Larsson and Hendricks abstained) Wade, Kevon VOTE: 3 – 0 – 4 (Mayor Griffith, Councilmembers Martin-Milius, Larsson and Hendricks abstained) MOTION: Councilmember Whittum moved and Vice Mayor Davis seconded the motion to appoint Larry Klein to the term expiring June 30, 2016. VOTE: 5 – 2 (Mayor Griffith and Councilmember Larsson dissented) MOTION: Councilmember Whittum moved and Vice Mayor Davis seconded the motion to appoint David Simons to the term expiring June 30, 2015. VOTE: 5 – 1 – 1 (Councilmember Larsson dissented, Councilmember Meyering abstained) MOTION: Councilmember Whittum moved and Vice Mayor Davis seconded the motion to appoint Sue Harrison and Ken Rheaume to the terms expiring June 30, 2014. VOTE: 7 – 0 3 14-0104 Discussion and Possible Action Regarding the Disposition of City-Owned Residential Property Located at 263 Jackson Street, Relocation Assistance for the Current Tenant, and Authorization for the City Manager to Approve Comparable Relocation Packages to other Residential Tenants in City-Owned Property Based on Need Director of Public Works Kent Steffens presented the staff report. Public Hearing opened at 8:27 p.m. No speakers. Public Hearing closed at 8:27 p.m. MOTION: Councilmember Hendricks moved and Vice Mayor Davis seconded the motion to approve Alternatives 1, 2, and 3: Approve the relocation package as presented by staff contingent upon the tenant vacating the unit within the timeframe stipulated in the City's notice to vacate, and direct staff to issue an official notice to vacate within 120 days to the tenant; Direct staff to initiate the surplus property public agency notification for 263 Jackson Street to City of Sunnyvale Page 10 City Council Meeting Minutes February 11, 2014 designated agencies pursuant to state law, which includes affordable housing providers, including Habitat for Humanity, in accordance with California Government Code Section 54222. If any agencies respond, and after good faith negotiations, staff would return to Council with any offers received; Authorize the City Manager to approve comparable relocation packages to other residential tenants in city owned property based on need as appropriate upon notice to vacate. AMENDMENT: Councilmember Whittum offered an amendment as a matter of policy to clarify that the city manager should have the discretion, based on the facts, to elect to credit rent for months when it's found that the conditions are unsuitable for habitation or unsuitable for the community standards. Motion to amend died due to lack of a second. The main motion carried by the following vote: Yes: 5 - Mayor Griffith Vice Mayor Davis Councilmember Martin-Milius Councilmember Hendricks Councilmember Larsson No: 2 - Councilmember Whittum Councilmember Meyering COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Vice Mayor Davis reported his attendance at the first meeting of the year for the Caltrain Modernization Committee, the promotional ceremony for the Department of Public Safety, a meeting of the County Expressway Commission of the cities affected by Centeral Expressway and Lawrence Expressway, and the Murphy Awards. Councilmember Hendricks reported his attendance at the Department of Public Safety promotional ceremony. Councilmember Whittum reported his attendance at a meeting of the Valley Transportation Authority. NON-AGENDA ITEMS & COMMENTS -Council Councilmember Whittum reported a meeting with a County Supervisor in City of Sunnyvale Page 11 City Council Meeting Minutes February 11, 2014 which a cold weather shelter for next winter was discussed. Councilmember Whittum expressed support for discussion or a study session regarding location of stop signs. Councilmember Whittum expressed interest in discussion of transitioning out of the residential landlord business Councilmember Whittum expressed support for the idea suggested by a member of the public of an advisory ballot measure for large projects such as the Civic Center project. Mayor Griffith reported his attendance at the Department of Public Safety promotional ceremony. Mayor Griffith explained the process to be used for running that the maker of a motion will speak first and the Mayor will speak last, with everyone speaking only once. Mayor Griffith encouraged Council to share any proposals beyond the staff altternatives after the staff report and before the public hearing. Councilmember Meyering requested a reference to the legal code and section number which says that discussion by Councilmembers regarding a comment made by a member of the public is prohibited. -City Manager None. INFORMATION ONLY REPORTS/ITEMS 14-0152 Tentative Council Meeting Agenda Calendar 14-0182 Information/Action Items 14-0117 Feasibility of a Partnership with the City of Santa Clara to Develop a Joint Community Solar Array - (Information Only) 14-0173 Study Session Summary of January 27, 2014 - Board and Commission Interviews 14-0157 Study Session Summary of January 28, 2014 - Board and Commission Interviews ADJOURNMENT City of Sunnyvale Page 12 City Council Meeting Minutes February 11, 2014 Mayor Griffith closed the meeting in memory of Robert L. Woodard, Jr. Vice Mayor Davis spoke in honor of the memory of Mr. Woodard. Mayor Griffith adjourned the meeting at 8:48 p.m. City of Sunnyvale Page 13