City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, April 29, 2014 6:30 PM Council Chambers, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting-Closed Session-6:30 P.M. 7 P.M. COUNCIL MEETING CALL TO ORDER Mayor Griffith called the meeting to order in Council Chambers. 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 REPORT CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9), Yoshida vs. City of Sunnyvale, Case No. 1 11 CV 197643 Vice Mayor Davis reported Council met in Closed Session regarding Conference with Legal Counsel – Existing Litigation; direction was given, no action was taken. SPECIAL ORDER OF THE DAY 14-0295 SPECIAL ORDER OF THE DAY - Teen Awareness Month Mayor Griffith presented a proclamation to the Teen Advisory Committee declaring the Month of May 2014 as Teen Self Esteem Month in the City of Sunnyvale. 14-0317 SPECIAL ORDER OF THE DAY - 2014 Earth Day Poster City of Sunnyvale Page 1 City Council Meeting Minutes April 29, 2014 Contest Winners and Green Business Certification Recipients Mayor Griffith acknowledged 2014 Earth Day Poster Contest winners and Green Business Certification recipients. PUBLIC ANNOUNCEMENTS Councilmember Whittum announced the upcoming 29th Annual Hands on the Arts event. PRESENTATION 14-0373 PRESENTATION - Grand Boulevard Initiative Progress Report Michael Garvey provided information and a PowerPoint presentation regarding the Grand Boulevard Initiative. CONSENT CALENDAR Councilmember Meyering requested to pull Items 1.A, 1.B, 1.C, 1.D and 1.E and requested a No vote to be recorded on Item 1.G. 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, 1.C, 1.D and 1.E. 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 14-0234 Approval of City Council Meeting Minutes of April 8, 2014 Public Hearing opened at 10:37 p.m. No speakers. Public Hearing closed at 10:37 p.m. MOTION: Vice Mayor Davis moved and Councilmember Hendricks seconded the motion to approve the City Council Meeting Minutes of April 8, 2014 as submitted. The motion carried by the following vote: City of Sunnyvale Page 2 City Council Meeting Minutes April 29, 2014 Yes: 6 - Mayor Griffith Vice Mayor Davis Councilmember Whittum Councilmember Martin-Milius Councilmember Hendricks Councilmember Larsson No: 1 - Councilmember Meyering 1.B 14-0405 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Public Hearing opened at 10:38 p.m. No speakers. Public Hearing closed at 10:38 p.m. MOTION: Vice Mayor Davis moved and Councilmember Larsson seconded the motion to 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 14-0377 Award of Bid No. PW14-07 for a Cathodic Protection Upgrade to the Recycled Water Pipelines, Approval of Budget Modification No. 36, and Finding of CEQA Categorical Exemption Public Hearing opened at 10:41 p.m. No speakers. Public Hearing closed at 10:41 p.m. MOTION: Vice Mayor Davis moved and Councilmember Hendricks seconded the motion to 1) Award a contract, in substantially the same format as presented in Attachment 2 and in the amount of $688,878, to American Construction and Supply, Inc., for the subject project, and authorize the City Manager to execute the contract when all the necessary conditions have been met; 2) approve a 15% construction contingency in the amount of $103,332; 3) approve Budget Modification No. 36 to provide additional funding for the project; and 4) make a City of Sunnyvale Page 3 City Council Meeting Minutes April 29, 2014 finding that the project is categorically exempt from CEQA pursuant to Class 2, Section 15302(c) for reconstruction of existing utility systems and/or facilities. 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.D 14-0379 Adopt a Resolution Authorizing the Filing of Fiscal Year 2014/15 Transportation Development Act Article 3 Applications for Pedestrian and Bicycle Projects Public Hearing opened at 10:47 p.m. No speakers. Public Hearing closed at 10:47 p.m. MOTION: Vice Mayor Davis moved and Councilmember Larsson seconded the motion to approve the resolution attached to the report authorizing the filing of project applications with the VTA and MTC for allocation of $382,874 of Transportation Development Act funds to support local match funding for six One Bay Area Grant funded bicycle and pedestrian projects. The BPAC further recommends that the Fair Oaks Avenue Bike Lanes project, the Maude Avenue Bike Lanes Project, and the Priority Development Area Safe Routes to School project be noted as priorities, although staff should utilize expert judgment in crafting a local match strategy. 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.E 14-0420 Approval of the Final Map (Tract No. 10201) - 117 Residential Condominium Units at 457-475 East Evelyn Avenue by PREG Evelyn Properties, LP City of Sunnyvale Page 4 City Council Meeting Minutes April 29, 2014 Public Hearing opened at 10:48 p.m. No speakers. Public Hearing closed at 10:48 p.m. MOTION: Vice Mayor Davis moved and Councilmember Whittum seconded the motion to approve the final map for Tract No. 10201; authorize the Mayor to sign the subdivision agreement upon submittal of other documents deemed necessary by the Director of Public Works; and direct the City Clerk to sign the City Clerk's Statement and forward the final map for recordation. 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.F 14-0431 Receive and File the City of Sunnyvale Investment Report - 1st Quarter 2014 Receive and File the City of Sunnyvale Investment Report 1st Quarter 2014. 1.G 14-0432 Adoption of Ordinance No. 3038-14 Amending Certain Sections of Title 19 (Zoning) of the Sunnyvale Municipal Code Relating to Residential Height Requirements in the R-3 Zoning District MOTION: Vice Mayor Davis moved and Councilmember Hendricks seconded the motion to adopt Ordinance No. 3038 14. 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 PUBLIC COMMENTS None. City of Sunnyvale Page 5 City Council Meeting Minutes April 29, 2014 PUBLIC HEARINGS/GENERAL BUSINESS 2 14-0241 Approve the Appointment of the City Manager and Approve the Employment Agreement Director of Human Resources Teri Silva presented the staff report. Public Hearing opened at 7:49 p.m. No speakers. Public Hearing closed at 7:49 p.m. MOTION: Councilmember Whittum moved and Councilmember Martin-Milius seconded the motion to approve Action 1, Alternative 1: Approve the appointment of Deanna J. Santana as the City Manager. The motion 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 MOTION: Councilmember Whittum moved and Councilmember Hendricks seconded the motion to approve the employment agreement as outlined in Attachment 1. 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 3 14-0315 Approve Amendments to the Salary Table of the Salary Resolution to Include the Term “Casual” or “Casual Seasonal” in the Job Title of Each Casual Classification and update references to the Workforce Investment Act as Appropriate. Human Resources Manager Doug Baker presented the staff report. Public Hearing opened at 8:04 p.m. City of Sunnyvale Page 6 City Council Meeting Minutes April 29, 2014 No speakers. Public Hearing closed at 8:04 p.m. MOTION: Councilmember Hendricks moved and Councilmember Larsson seconded the motion to approve Alternative 1: Approve Amendment to the Salary Table of the Salary Resolution to include the term "Casual" or "Casual Seasonal" in the job title of each Casual classification and update references to the Workforce Investment Act as appropriate, effective the beginning of the pay period in which Council approves the Amendment. 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 4 14-0314 Adopt a Resolution to Amend the Salary Table of the City’s Salary Resolution to Follow Future Changes to the California Minimum Wage Human Resources Manager Doug Baker presented the staff report. Public Hearing opened at 8:09 p.m. No speakers. Public Hearing closed at 8:09 p.m. MOTION: Councilmember Whittum moved and Councilmember Larsson seconded the motion to approve Alternative 1: Adopt Resolution to amend the Salary Table of the City's Salary Resolution effective the pay period that contains July 1, 2014 and the pay period that contains January 1, 2016 to follow future changes to the California minimum wage. 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 City of Sunnyvale Page 7 City Council Meeting Minutes April 29, 2014 5 14-0444 File #: 2013-7542 Location: 420 S. Pastoria Ave. (APN: 165-04-002) Proposed Project: Appeal by a resident of a Decision of the Planning Commission Approving a Special Development Permit for a Child Care Center for up to 188 students located at 420 S. Pastoria Ave. Applicant / Owner: Teresa Lai / Distel LP Environmental Review: Negative Declaration Councilmember Hendricks stated he would recuse himself from voting on the item because he voted it on it when he was a member of the Planning Commission, and left the room. Councilmember Larsson stated he would recuse himself from voting on the item because he voted it on it when he was a member of the Planning Commission, and left the room. Councilmember Whittum disclosed he met with the applicant. Councilmember Martin-Milius disclosed she spoke with the applicant. Mayor Griffith disclosed he previously met with the applicant. Planning Officer Trudi Ryan presented the staff report. Public Hearing opened at 8:21 p.m. Eleanor Hanson, Appellant, spoke in opposition to the proposed project citing noise concerns, traffic at peak hours, the ages of the children and the size of the facility. Julie Lai, representing the Applicant, provided information about the operations of the school and a PowerPoint presentation. Jackie Funk, Director of the Campbell location of Little Tree Montessori International School, provided information about the programs offered at the school. Liyun Zhang spoke in support of the proposed project. Jon Hantsbarger spoke in support of the proposed school. Jeff Kwok, owner of the property, spoke in support of the proposed project. City of Sunnyvale Page 8 City Council Meeting Minutes April 29, 2014 Christina Chow spoke in support of the proposed school. Stephanie Wolf spoke in support of the proposed school. Jenn Smith spoke in support of the proposed school. Peter Cirigliano spoke in support of the proposal. Public Hearing closed at 9:02 p.m. Eleanor Hanson, Appellant, provided follow-up comments regarding concerns about the ages of the children, and the impact of noise, traffic and traffic at peak hours in the neighborhood. Julie Lai, representing the Applicant, provided information regarding the age range of children in the program, programs offered by the school. Jackie Funk, Director of the Campbell location of the school, addressed questions regarding noise issues. Public Hearing closed at 9:13 p.m. MOTION: Councilmember Whittum moved and Councilmember Martin-Milius seconded the motion to 1) Deny the appeal and uphold the decision of the Planning Commission to approve the Special Development Permit with modified conditions to add a condition that the drop off plan, noise measures, traffic measures and enrollment be reviewed two years after the commencement of the use by the Director of Community Development. The motion carried by the following vote: Yes: 4 - Mayor Griffith Vice Mayor Davis Councilmember Whittum Councilmember Martin-Milius No: 1 - Councilmember Meyering Recused: 2 - Councilmember Hendricks Councilmember Larsson Council recessed at 9:22 p.m. Council reconvened at 9:30 p.m. with all Councilmembers present. 6 14-0394 Adopt a Council Policy on Labor Negotiations Protocol Director of Human Resources Teri Silva presented the staff report. City of Sunnyvale Page 9 City Council Meeting Minutes April 29, 2014 Public Hearing opened at 9:44 p.m. Tim Ahearn, President of the Sunnyvale PSOA, expressed concerns regarding the proposed policy and the notification that the proposed policy would be on the agenda. Joan Costor, representing SEIU, stated the SEIU’s opposition to the proposed policy and recommended Council not support the policy. Bob Van Heusen, President of the Sunnyvale Managers Association, requested the policy be rejected citing concerns with item 5 in the policy statement. Sharon Rogers, President of the Sunnyvale Employees Association, expressed concerns regarding the proposed policy and the notification regarding the proposed policy. Public Hearing closed at 9:56 p.m. MOTION: Councilmember Whittum moved and Councilmember Hendricks seconded the motion to bring back on the next agenda in order to give the bargaining units sufficient time to look over the policy and make any comments. REVISED MOTION: Councilmember Whittum moved and Councilmember Hendricks seconded the motion to bring back on and upcoming agenda date to be determined in consultation between the city manager and the Mayor, in order to give the bargaining units sufficient time to look over the policy and make any comments. 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 Interim City Manager Robert Walker announced the item would be brought back to Council May 20. 7 14-0205 Approval of Council Policy 1.2.7 Acquisition, Leasing and Disposition of City-Owned Real Property - Council Policy Issue City of Sunnyvale Page 10 City Council Meeting Minutes April 29, 2014 Director of Public Works Kent Steffens presented the staff report. Public Hearing opened at 10:17 p.m. No speakers. Public Hearing closed at 10:17 p.m. MOTION: Councilmember Larsson moved and Councilmember Hendricks seconded the motion to approve Alternatives 2, 3 and 4: 2) Delete Council Policy 7.1D Land Policies, 3) Delete Council Policy 2.2.2 Sale of Surplus Land, and 4) Approve Council Policy 1.2.7 Acquisition, Leasing and Disposition of City Owned Real Property with a modification to the sentence suggested in Council questions, in Section 2, “Revenue from the leasing of City-Owned property shall be deposited into the fund in which the property is purchased, except when a fund no longer exists, it will be at the direction of the awarding authority as per Municipal Code 2.07.” 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 8 14-0427 Positions on State and Local Ballot Measures for the May 6, 2014 and June 3, 2014 Elections Senior Management Analyst Yvette Blackford presented the staff report. Public Hearing opened at 10:27 p.m. No speakers. Public Hearing closed at 10:27 p.m. MOTION: Vice Mayor Davis moved and Councilmember Whittum seconded the motion to support Proposition 41. The motion carried by the following vote: Yes: 6 - Mayor Griffith Vice Mayor Davis Councilmember Whittum Councilmember Martin-Milius Councilmember Hendricks Councilmember Larsson No: 0 City of Sunnyvale Page 11 City Council Meeting Minutes April 29, 2014 Abstain: 1 - Councilmember Meyering MOTION: Vice Mayor Davis moved and Councilmember Whittum seconded the motion to oppose Proposition 42. 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 MOTION: Councilmember Larsson moved and Councilmember Hendricks seconded the motion to support Measure AA. The motion carried by the following vote: Yes: 6 - Mayor Griffith Vice Mayor Davis Councilmember Whittum Councilmember Martin-Milius Councilmember Hendricks Councilmember Larsson No: 0 Abstain: 1 - Councilmember Meyering MOTION: Councilmember Hendricks moved and Councilmember Whittum seconded the motion to support Measure A. The motion carried by the following vote: Yes: 5 - Mayor Griffith Councilmember Whittum Councilmember Martin-Milius Councilmember Hendricks Councilmember Larsson No: 1 - Vice Mayor Davis Abstain: 1 - Councilmember Meyering Following action on Item 8, Council considered the pulled Consent Calendar items. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS City of Sunnyvale Page 12 City Council Meeting Minutes April 29, 2014 Councilmember Whittum reported his attendance at a meeting of the Congestion Management Program and Planning Committee. Vice Mayor Davis reported his participation in a panel discussion on wireless communications sponsored by Joint Venture Silicon Valley, his attendance at the ABAG General Session, a dinner with the Consul General of the People’s Republic of China, a meeting with representatives of NASA, a Silicon Valley Housing Trust briefing, the opening ceremonies of the Sangeetha Restaurant, a meeting of the Emergency Operations Council, a meeting of the Silicon Valley Regional Interoperability Authority, the Fit and Fun Fair, and the Santa Clara County Holocaust Remembrance Ceremony. Councilmember Martin-Milius reported her attendance at a Water Commission meeting, Legislative Action Day, a League of California Cities Women’s Caucus meeting, and a League of California Cities Environmental Quality Committee meeting. NON-AGENDA ITEMS & COMMENTS -Council Councilmember Whittum inquired if a meeting of the Subcommittee on Board and Commission Bylaws is planned. Mayor Griffith confirmed he is working with staff to schedule a meeting. Councilmember Whittum reported Silicon Valley Leadership has done an infrastructure sales tax poll. Councilmember Whittum reported an article in the Mountain View Voice regarding congestion pricing. Councilmember Whittum reported VTA organization changes. Councilmember Whittum reported an article in Silicon Valley Business Journal ranking golf courses. Councilmember Larsson reported his attendance at Legislative Action Day and the City shredding event. Mayor Griffith reported his attendance at the City’s annual volunteer recognition event. Mayor Griffith reported information about AB 2145 regarding community choice City of Sunnyvale Page 13 City Council Meeting Minutes April 29, 2014 aggregation. -City Manager Interim City Manager Walker recognized a representative from Google in the audience available in case of questions regarding Information Only item 14-0468, Update Regarding “Google Fiber” Project. INFORMATION ONLY REPORTS/ITEMS 14-0364 Tentative Council Meeting Agenda Calendar 14-0378 Information/Action Items 14-0468 Update Regarding “Google Fiber” Project - Information Only 14-0390 Modifications to Downtown Lighting Standards (Information Only) 14-0435 Study Session Summary of April 8, 2014 - Discussion of Proposed Office Campus by Landbank Investments at Wolfe and Arques 14-0475 Approved Minutes of the Arts Commission Meeting of March 19, 2014 ADJOURNMENT Mayor Griffith adjourned the meeting at 11:03 p.m. City of Sunnyvale Page 14