City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, July 29, 2014 5:30 PM Council Chambers and West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting - Closed Session 5:30 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 held pursuant to California Government Code Section 54957.6: Conference with Labor Negotiators; no action was taken. SPECIAL ORDER OF THE DAY 14-0727 SPECIAL ORDER OF THE DAY - National Safe Digging Day Mayor Griffith presented a proclamation to Brandi Garcia, PG&E Government Relations Representative, regarding National Safe Digging Day. PUBLIC ANNOUNCEMENTS Councilmember Martin-Milius announced vacancies on City boards and commissions and an application deadline. City of Sunnyvale Page 1 City Council Meeting Minutes July 29, 2014 Phyllis Fowler, Secretary of the Lakewood Village Neighborhood Association, announced a National Night Out event. CONSENT CALENDAR Mayor Griffith announced Item 1.D will be pulled from the Consent Calendar. Councilmember Whittum requested to pull Item 1.G. Councilmember Meyering requested to pull Items 1.A, 1.B and 1.H. A member of the public also requested to pull Item 1.D. 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.D, 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 14-0654 Approval of City Council Meeting Minutes of July 15, 2014 MOTION: Vice Mayor Davis moved and Councilmember Hendricks seconded the motion to approve the City Council Meeting Minutes of July 15, 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 14-0700 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 29, 2014 Public hearing opened at 8:38 p.m. Terry Fowler spoke regarding the process for Councilmembers to obtain copies of bills and regarding comments made at a previous Council meeting. 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 14-0715 Award of Contracts for Asphaltic Materials and Pavement Reinforcement Fabric (F14-89) 1) Award an 18-month contract, in substantially the same form as the attached Draft Purchase Order and in an amount not to exceed $956,400, to Granite Construction Company; 2) award an 18-month contract, in substantially the same form as the attached Draft Purchase Order and in an amount not to exceed $542,970 to Graniterock Company; 3) award an 18-month contract, in substantially the same form as the attached Draft Purchase Order and in an amount not to exceed $169,260, to Reed and Graham, Inc.; and 4) delegate authority to the City Manager to renew the Purchase Orders for two additional one-year periods, not-to-exceed budgeted amounts, if pricing and services are acceptable to the City. 1.D 14-0409 Approve Budget Modification No. 7 to Appropriate $8.760 Million of One Bay Area Grant (OBAG) Funds and $2.104 Million of Required Matching Funds, which includes $382,874 in Transportation Development Act Grant Funds, for Six Transportation Improvement Projects Public Hearing opened at 8:47 p.m. Maria Pan inquired about the City’s commitment of funds. Jody Tidwell spoke regarding the Maude Avenue bicycle lanes and streetscape, submitted written materials and requested the Stowell Avenue traffic study be included in the public outreach for the Maude Avenue reconfiguration. City of Sunnyvale Page 3 City Council Meeting Minutes July 29, 2014 Public Hearing closed at 8:55 p.m. MOTION: Vice Mayor Davis moved and Councilmember Hendricks seconded the motion to approve Budget Modification No. 7 to appropriate $8.760 million of One Bay Area Grant Funds and $2.104 Million of required matching funds, which includes $382,874 in Transportation Development Act Grant Funds, for six transportation improvement projects. 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 14-0658 Award of Contract for Capital Project Management Software for the Public Works Engineering Division (F14-56) and Approval of Budget Modification No. 6 1) Award a contract, in substantially the same format as Attachment 1 and in an amount not-to-exceed $132,625, to e-Builder, 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 project contingency in the amount of $8,893; and 3) Approve Budget Modification No. 6 to provide additional funding for the project. 1.F 14-0692 Authorize a Contract Amendment with HDR Engineering for Additional Design Services for Continuous Recycled Water Production Improvements at the Water Pollution Control Plant (F14-105), and Approve Budget Modification No. 5 1) Approve Budget Modification No. 5 to appropriate additional funding to Project No. 829430, WPCP Chlorine Conversion project; 2) Authorize the City Manager to execute an amendment with HDR Engineering, as presented in Attachment 2, in an amount not to exceed $489,748, when all the necessary conditions have been met; and 3) Approve a 15% design contingency in the amount of $73,462. 1.G 14-0644 Approval of the Final Map (Tract No. 10243) - 85 Townhouse Units at 617 East Arques Avenue by Summerhill E. Arques LLC. City of Sunnyvale Page 4 City Council Meeting Minutes July 29, 2014 Public Hearing opened at 9:06 p.m. No speakers. Public Hearing closed at 9:06 p.m. MOTION: Councilmember Whittum moved and Councilmember Hendricks seconded the motion to approve the final map for Tract No. 10243; 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. 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 14-0732 Adoption of Ordinance No. 3042-14 Amending Certain Sections of Sunnyvale Municipal Code Chapter 19.44 (Sign Code) Public Hearing opened at 9:09 p.m. No speakers. Public Hearing closed at 9:09 p.m. MOTION: Councilmember Hendricks moved and Councilmember Larsson seconded the motion to adopt Ordinance No. 3042 14. 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 Scott Morton, President of the Sunnyvale Managers Association (SMA), provided information and recommendations of the SMA regarding a new Memorandum of City of Sunnyvale Page 5 City Council Meeting Minutes July 29, 2014 Understanding (MOU). Tap Merrick spoke regarding City Council salaries. Deborah Marks spoke regarding the El Camino Precise Plan and proposed a study session be scheduled to look at the standards for El Camino before any new development is permitted. David Yeh expressed concerns regarding the sound impacts of the construction at 237 and Mathilda Avenue in the early morning hours. PUBLIC HEARINGS/GENERAL BUSINESS 2 14-0561 Adopt a Resolution Causing Charges for Non-Payment of Administrative Citations to be Placed on the FY 2014/15 County of Santa Clara Tax Roll Assistant Director of Finance Tim Kirby presented the staff report and recommended Council place through a resolution assessments on the property tax roll for the non-payment of charges for administrative citations on 11 residential properties totalling $33,288.54, which is less than what was originally presented to Council, as payment was received in full for 1049 Hollenbeck Avenue around 4 p.m. Public Hearing opened at 7:26 p.m. Mohammad Rakhshandehroo provided information regarding communications he received from City staff and requested the administrative citation be erased. Christy Gunvalson, Neighborhood Preservation Manager, provided additional information regarding the administrative citations. Public Hearing closed at 7:30 p.m. MOTION: Vice Mayor Davis moved and Councilmember Hendricks seconded the motion to approve Alternative 1: Adopt the resolution, presented as Attachment A, causing charges for non payment of administrative citations to be placed on the FY 2014/15 County of Santa Clara Property Tax Roll The motion carried by the following vote: City of Sunnyvale Page 6 City Council Meeting Minutes July 29, 2014 Yes: 7 - Mayor Griffith Vice Mayor Davis Councilmember Whittum Councilmember Meyering Councilmember Martin-Milius Councilmember Hendricks Councilmember Larsson No: 0 3 14-0650 File #: 2013-8029 Location: 523 E. Homestead Road (APNs: 309-44-003, 309-44-049, 309-44-050) Proposed Project: Appeals by two Councilmembers of a decision of the Planning Commission to deny a: SPECIAL DEVELOPMENT PERMIT: to allow 7 single-family homes, and VESTING TENTATIVE MAP: to create 7 ownership lots. Applicant / Owner: S&S Construction, LLC/Louis Mariani Trustee Environmental Review: Mitigated Negative Declaration Planning Officer Trudi Ryan presented the staff report. Public Hearing opened at 7:44 p.m. Appellant Councilmember Whittum referenced his letter as background providing justification for his request to appeal the decision of the Planning Commission. Appellant Mayor Griffith referenced his letter as background providing justification for his request to appeal the decision of the Planning Commission. Applicant Stephen Stapley, CEO, S&S Construction, provided information about the project and requested adoption of the Mitigated Negative Declaration and approval of the Special Development Permit and Vesting Map. Fred Svinth, Acoustical Consultant, Illingworth & Rodkin, Inc. provided additional information regarding the acoustic report. John Berry, Civil Engineer, provided additional information regarding the project. Swan In Hsieh encouraged approval of the most recent proposal. Tsing-Ping Chang spoke in support of the proposal and approval of alternative 1. City of Sunnyvale Page 7 City Council Meeting Minutes July 29, 2014 Mary Depew suggested the zoning is outdated and recommended reviewing it. Kathy Broquard spoke in support of approval of the project. Holly Lofgren spoke regarding consideration of previously implemented traffic calming measures when reviewing future developments. Applicant provided additional information and closing remarks. Public Hearing closed at 8:16 p.m. MOTION: Vice Mayor Davis moved and Councilmember Whittum seconded the motion to approve Alternative 1: Grant the appeal and adopt the Mitigated Negative Declaration and approve the Special Development Permit and Vesting Tentative Map based on the Findings in Attachment 5 and with the recommended Conditions in Attachment 6. FRIENDLY AMENDMENT: Councilmember Whittum offered a friendly amendment to include the option for smooth textured stucco. Vice Mayor Davis accepted the friendly amendment. AMENDMENT: Councilmember Meyering moved an amendment to approve a Special Development Permit with 5 units, the same unit size, not increasing any size of the 5 units. Mayor Griffith ruled the motion a substitute motion. Motion died due to lack of a second. 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 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Vice Mayor Davis reported he was elected to serve as an alternate on the ABAG Board of Directors and attended a meeting of the board. Davis also reported his attendance at the NLC Public Safety Committee meeting. City of Sunnyvale Page 8 City Council Meeting Minutes July 29, 2014 Councilmember Whittum reported his attendance at a VTA public outreach meeting. Councilmember Martin-Milius reported her attendance at a meeting of the Water Commission for the Santa Clara Valley Water District and provided information regarding water conservation. NON-AGENDA ITEMS & COMMENTS -Council Councilmember Whittum inquired about the appropriate process to review water rates for commercial customers. Councilmember Whittum reported the VTA Transportation Analysis guidelines are being updated. Vice Mayor Davis reported his attendance at the Silicon Valley Wastewater Treatment Plant grand opening and the dedication of solar panels at St. Lukes Church. Councilmember Whittum spoke regarding a complaint received regarding second-hand smoke in multi-unit dwellings. -City Manager None. INFORMATION ONLY REPORTS/ITEMS 14-0577 Tentative Council Meeting Agenda Calendar 14-0510 Information/Action Items 14-0026 Boards and Commissions Semi-Annual Attendance Report, January - June 2014 (Information Only) 14-0374 North Central County Bus Improvement Plan Update and Summary of Transportation Mitigation Discussions in Peery Park (Information Only) 14-0703 Explore Parking Concerns of Small Business Owners and Employees in Downtown Sunnyvale (Information Only) City of Sunnyvale Page 9 City Council Meeting Minutes July 29, 2014 14-0653 Board/Commission Meeting Minutes ADJOURNMENT Mayor Griffith adjourned the meeting at 9:20 p.m. City of Sunnyvale Page 10