City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, July 15, 2014 6:00 PM Council Chambers and West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting- Closed Sessions-6 PM | Regular Meeting-7 PM 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 Vice Mayor Davis reported Council met in Closed Session pursuant to California Government Code Section 54956.8 Conference with Real Property Negotiators and pursuant to California Government Code Section 54957.6 Conference with Labor Negotiators; direction was given on two items and no action was taken. PUBLIC ANNOUNCEMENTS Councilmember Meyering spoke regarding the Information Only report on the cold weather shelter and encouraged members of the public to comment on the issue. Vice Mayor Davis announced upcoming vacancies on City Boards and Commissions and an application deadline. CONSENT CALENDAR City of Sunnyvale Page 1 City Council Meeting Minutes July 15, 2014 Councilmember Meyering requested to pull Items 1.A, 1.B, and 1.G. Councilmember Whittum requested to pull Item 1.H. 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.G. and 1.H. 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 14-0578 Approval of City Council Meeting Minutes of June 24, 2014 MOTION: Councilmember Meyering moved to amend the minutes on page twelve to include a statement that the Council approved spending $83,000 in public funds to avoid paying $8,500 in medical expenses to an injured resident. Motion died due to lack of a second. Public hearing opened at 10:44 p.m. No speakers. Public hearing closed at 10:44 p.m. MOTION: Vice Mayor Davis moved and Councilmember Hendricks seconded the motion to approve the City Council Meeting Minutes of June 24, 2014 as submitted. 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.B 14-0646 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager City of Sunnyvale Page 2 City Council Meeting Minutes July 15, 2014 Public hearing opened at 10:45 p.m. No speakers. Public hearing closed at 10:45 p.m. MOTION: Vice Mayor Davis moved and Councilmember Hendricks 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 14-0628 Approve Budget Modification No. 1 to Appropriate $1,715 of Department of Homeland Security, State Homeland Security Grant Program Funds for Crime Analyst Training Approve Budget Modification No. 1 to appropriate $1,715 of Department of Homeland Security, State Homeland Security Grant Program Funds for Training to a new project, FY 2013 SHSGP - Training - IACA Conference. 1.D 14-0629 Approve Budget Modification No. 2 to Appropriate $100,000 of Emergency Management Performance Grant Funds for a North County Emergency Operations Plan Approve Budget Modification No. 2 to appropriate $100,000 of Emergency Management Performance Grant Funds for a North County Emergency Operations Plan to a new project, FY 2014/15 EMPG North County Emergency Operations Plan. 1.E 14-0647 Award of Contract for Crushed Granite (F14-71) Award a contract, in substantially the same format as the attached draft Blanket Purchase Order and in an amount not to exceed $235,000, to Graniterock Company for the subject project. 1.F 14-0659 Award of Contract for an Inductively Coupled Plasma-Mass Spectrometry System for the Water Quality Laboratory at the Water Pollution Control Plant (F14-68) Approve the award of a contract in the amount of $165,533 to Agilent Technologies Inc., excluding sales tax, in substantially the same form as the attached draft City of Sunnyvale Page 3 City Council Meeting Minutes July 15, 2014 purchase order, to furnish an Inductively Coupled Plasma-Mass Spectrometry System, as required by the Environmental Services Department. 1.G 14-0665 Re-Appoint David Simons to the Santa Clara Valley Transportation Authority (VTA) Bicycle and Pedestrian Advisory Committee 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 Hendricks seconded the motion to re-appoint David Simons to the VTA BPAC for a two year term. 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 14-0672 Adoption of Ordinance No. 3041-14 Amending Chapter 12.34 (Water Conservation Restrictions) of Title 12 (Water and Sewers) Adopt Ordinance No. 3041-14. PUBLIC COMMENTS Deborah Marks spoke regarding the Urban Forest Management Plan and requested it be brought before Council. Maria Pan spoke regarding a neighborhood grant application which was denied. Michael Goldman spoke regarding the benefits of rooftop gardens and provided a PowerPoint presentation. Peter Cirigliano spoke regarding Councilmember comments at the June 24 Council meeting. PUBLIC HEARINGS/GENERAL BUSINESS 2 14-0663 Adopt a Resolution to Approve the Annual Engineer's Report, City of Sunnyvale Page 4 City Council Meeting Minutes July 15, 2014 Confirm the Assessment, and Levy Annual Assessment for the Downtown Parking Maintenance District Assessment for Fiscal Year 2014/15 Councilmember Whittum stated his residence is within 500 feet of the parking district, recused himself and left the room. Assistant Director of Public Works/City Engineer Manuel Pineda presented the staff report. Public Hearing opened at 7:28 p.m. No speakers. Public Hearing closed at 7:28 p.m. MOTION: Councilmember Martin-Milius moved and Vice Mayor Davis seconded the motion to approve Alternative 1: Adopt the resolution to approve the annual Engineer's report, to confirm the assessment, and levy annual assessment for the Downtown Parking Maintenance District assessment for FY 2014/15. AMENDMENT: Councilmember Meyering moved to reduce the assessment rate by one-third. Motion died for 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: 1 - Councilmember Meyering Recused: 1 - Councilmember Whittum Following action on this item, Councilmember Whittum returned to the room and took his seat at the dais. 3 14-0657 2014-7023: Introduce an Ordinance Amending Chapter 19.44 (Signs) of Title 19 (Zoning) of the Sunnyvale Municipal Code relating to Temporary Non-Commercial Message Signs; Find the Project exempt from CEQA pursuant to CEQA Guideline 15061(b)(3) Principal Planner Andy Miner presented the staff report. City Attorney Joan Borger City of Sunnyvale Page 5 City Council Meeting Minutes July 15, 2014 provided additional information. Public Hearing opened at 7:41 p.m. Terry Fowler spoke regarding the objections to lawn signs discussed at the Planning Commission meeting and spoke in favor of encouraging free speech. Public Hearing closed at 7:44 p.m. MOTION: Councilmember Hendricks moved and Councilmember Larsson seconded the motion to approve Alternatives 1 and 2: 1) Find that the project is exempt from CEQA pursuant to CEQA Guideline 15061(b)(3); and 2) Introduce an ordinance to amend the sign regulations in Chapter 19.44 of Title 19 (Zoning) of the Sunnyvale Municipal Code (Attachment 2), to clarify where temporary non commercial signs can be placed in residential and non residential zones. City Clerk Kathleen Franco Simmons read the ordinance title. The 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 PUBLIC COMMENTS (re-opened at 8:21 p.m.) Kevin Jackson, Vice Chair of the Bicycle and Pedestrian Advisory Commission, conveyed the unanimous recommendation of the BPAC to appoint Dave Simons to the Santa Clara Valley Transportation Authority (VTA) Bicycle and Pedestrian Advisory Committee. PUBLIC HEARINGS/GENERAL BUSINESS (continued) 4 14-0029 Power Purchase Agreements for Alternative Energy Allocation (Study Issue) - Pursue Solar Energy Solutions and Approve Budget Modification No. 4 Regulatory Programs Division Manager Melody Tovar presented the staff report and a PowerPoint presentation. Director of Environmental Services John Stufflebean provided additional information. City of Sunnyvale Page 6 City Council Meeting Minutes July 15, 2014 Public Hearing opened at 8:30 p.m. Nancy Jackson expressed concerns regarding the installation of solar panels on the north side of Ortega Park, the removal, relocation and pruning of trees next to the playground and the safety impacts to traffic flow in the carports and in the parking lots. Jackson expressed safety concerns with covering more of the other side of the park and requested to postpone the installation at Ortega Park until the refurbishment is complete. Mary Brunkhorst expressed concerns regarding esthetics and safety at Ortega Park and recommended removal of Ortega Park from consideration until it is redesigned, and at that time reassess whether solar fits. Brunkhorst requested to include the cost of removal, moving or trimming trees be considered capital improvement costs. Jean Batryn advocated for delaying Ortega Park until the park can be revamped, spoke in favor of keeping the trees, and encouraged looking at south-facing areas for the solar panels. Public Hearing closed at 8:39 p.m. MOTION: Councilmember Hendricks moved and Councilmember Martin-Milius seconded the motion to approve Alternatives 1, 2, 4, and 5: Direct staff to complete appropriate environmental review of the proposed installations at the selected sites and return for final approval; direct staff to pursue solar energy solutions through an RFP for PPAs and Direct Purchase for the four recommended sites; and approve Budget Modification No. 4 to appropriate $40,000 for additional technical services to support the project and 5. Other action as determined by Council: ensure that in the RFP process, the Ortega Park piece is looked at separately. AMENDMENT: Councilmember Whittum moved an amendment and Councilmember Meyering seconded to modify Alternative 5 to indicate Ortega Park would not be pursued at this time. The amendment failed by the following vote: Yes: 2 - Councilmember Whittum Councilmember Meyering City of Sunnyvale Page 7 City Council Meeting Minutes July 15, 2014 No: 5 - Mayor Griffith Vice Mayor Davis Councilmember Martin-Milius Councilmember Hendricks Councilmember Larsson AMENDMENT: Councilmember Meyering moved an amendment and Councilmember Whittum seconded to include the provision that no public parks will be considered for the installation of solar panels. Mayor Griffith ruled the motion out of order and stated it is not an amendment to the existing motion, but a separate motion. AMENDMENT: Councilmember Meyering moved an amendment and Councilmember Whittum seconded to direct that no trees be trimmed or cut down in the implementation of the installation of solar panels. The amendment failed by the following vote: Yes: 2 - Councilmember Whittum Councilmember Meyering No: 5 - Mayor Griffith Vice Mayor Davis Councilmember Martin-Milius Councilmember Hendricks Councilmember Larsson The main motion carried by the following vote: Yes: 4 - Mayor Griffith Councilmember Martin-Milius Councilmember Hendricks Councilmember Larsson No: 3 - Vice Mayor Davis Councilmember Whittum Councilmember Meyering Council recessed at 9:06 p.m. Council reconvened at 9:16 p.m. with all Councilmembers present. 5 14-0579 File #: 2013-7860 Location: 479 N. Pastoria Avenue (APN: 165-30-002): Zoning: M-S (Industrial and Service) Zoning District Proposed Project: Consideration of an application for a City of Sunnyvale Page 8 City Council Meeting Minutes July 15, 2014 2.17-acre site: USE PERMIT to allow a new 52,394 square foot, four-story office/R&D building and a two-level parking structure resulting in approximately 55% Floor Area Ratio. Applicant / Owner: ArchiRender Architects / Peery-Arrillaga Environmental Review: Mitigated Negative Declaration Planning Officer Trudi Ryan presented the staff report and a PowerPoint presentation. Director of Community Development Hanson Hom provided additional information. Public Hearing opened at 9:47 p.m. Applicant Huiwen Hsiao, Architect, provided information and a PowerPoint presentation regarding the proposed project. Larry Alba expressed concerns regarding water consumption and spoke in opposition to the project and other new construction due to the water shortage. Alba recommended the City consider a moratorium on new water and sewer hookups and recommended a requirement to include solar power. Michael Goldman spoke in favor of requirements to include solar power and rooftop gardens. Public Hearing closed at 10:17 p.m. Applicant Huiwen Hsiao provided additional information. MOTION: Councilmember Martin-Milius moved and Councilmember Larsson seconded the motion to approve Alternative 1: Adopt the Mitigated Negative Declaration and approve the Use Permit with the Conditions of Approval in Attachment 4. 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 6 14-0593 State of California Department of Water Resources 2014 Drought Grant Solicitation - Adopt the 2013 Bay Area City of Sunnyvale Page 9 City Council Meeting Minutes July 15, 2014 Integrated Regional Water Management Plan, Direct Staff to Complete the Grant Application Process and to Return to Council with Recommendations on Funding Strategy and Consultant Selection for Design Services for the Project Mayor Griffith stated this item involves his employer, recused himself and left the room. Vice Mayor Davis presided during consideration of this matter. Director of Environmental Services Department John Stufflebean presented the staff report. Public Hearing opened at 10:40 p.m. No speakers. Public Hearing closed at 10:40 p.m. MOTION: Councilmember Whittum moved and Councilmember Larsson seconded the motion to approve Alternatives 1, 2, and 3: 1) Adopt the attached resolution adopting the Bay area IRWMP, 2) Direct staff to complete the grant application process, and 3) Direct staff to return to Council with a funding strategy, and proposed budget modifications, for the project and a recommendation for consultant selection for the design services. Yes: 6 - Vice Mayor Davis Councilmember Whittum Councilmember Meyering Councilmember Martin-Milius Councilmember Hendricks Councilmember Larsson No: 0 Recused: 1 - Mayor Griffith Following action on this item, Mayor Griffith returned to the room and took his seat at the dais. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Councilmember Martin-Milius reported her attendance at a meeting of the Recycled Water Commission. NON-AGENDA ITEMS & COMMENTS -Council City of Sunnyvale Page 10 City Council Meeting Minutes July 15, 2014 Councilmember Whittum expressed interest in a budgetary revision based on recent court action. Councilmember Whittum inquired as to the date of the meeting regarding downtown. Councilmember Whittum inquired as to the Council meeting date of the Subcommittee on Board and Commission Bylaws report to Council. Councilmember Whittum inquired as to the Council date for the Urban Forestry Management Plan. Councilmember Whittum expressed support for an annual update regarding TDM. Councilmember Hendricks expressed interest in the timing of the Urban Forestry Management Plan. Councilmember Hendricks sponsored a study issue regarding TDM requirements, standards, and an annual report. Councilmember Martin-Milius co-sponsored the study issue. Councilmember Hendricks requested to schedule a study session to discuss the cold weather shelter. MOTION: Vice Mayor Davis moved and Councilmember Whittum seconded the motion to put the cold weather shelter item on the next agenda for discussion with the intent to use the City gymnasium at the Community Center as a temporary one-time use shelter this winter. REVISED MOTION: Vice Mayor Davis revised the motion to include looking at other options. Councilmember Whittum seconded the revised motion. REVISED MOTION: Vice Mayor Davis revised the motion to request that the cold weather shelter item be placed on the August 12 agenda. The motion carried by the following vote: City of Sunnyvale Page 11 City Council Meeting Minutes July 15, 2014 Yes: 6 - Vice Mayor Davis Councilmember Whittum Councilmember Meyering Councilmember Martin-Milius Councilmember Hendricks Councilmember Larsson No: 1 - Mayor Griffith -City Manager City Manager Deanna Santana reported the Council strategic session dates will be August 21 and September 2. -Council Mayor Griffith reported his attendance at the grand opening of Seven Seas Park with Vice Mayor Davis, Councilmember Martin-Milius and Councilmember Larsson. Councilmember Meyering inquired if it would be possible prior to the strategic planning sessions to identify which challenges will be strategized about so residents can put together their ideas and let Council know how they want Council to approach particular challenges and problems so that Council strategy is informed by the preferences of the residents. Mayor Griffith stated the agenda is still being prepared, with a review of each department planned for the first day including the department's strategy and concerns, and the second day would be more free form with Council discussing issues. INFORMATION ONLY REPORTS/ITEMS 14-0566 Tentative Council Meeting Agenda Calendar 14-0509 Information/Action Items 14-0675 Cold Weather Shelter Update (Information Only) 14-0567 Board/Commission Meeting Minutes ADJOURNMENT Mayor Griffith adjourned the meeting back to Closed Session at 11:15 p.m. City of Sunnyvale Page 12