City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, September 16, 2014 5:45 PM Council Chambers and West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting-Board and Commission Interviews-5:45 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 SPECIAL ORDER OF THE DAY 14-0766 SPECIAL ORDER OF THE DAY - National Falls Prevention Awareness Day Mayor Griffith presented a proclamation to Silicon Valley Healthy Aging Partnership and the Department of Library and Community Services declaring September 23, 2014 as “Falls Prevention Awareness Day” in the City of Sunnyvale. PUBLIC ANNOUNCEMENTS Kevin Jackson, Bicycle and Pedestrian Advisory Commission member speaking for himself, announced a new law, California Vehicle Code Section 21760, also known as the “Three Feet for Safety Act,” which requires motorists to give at least three feet of clearance when passing cyclists. City of Sunnyvale Page 1 City Council Meeting Minutes September 16, 2014 CONSENT CALENDAR Councilmember Meyering requested to pull Items 1.A and 1.B and from the Consent Calendar. Councilmember Whittum requested to pull Items 1.E and 1.H. Councilmember Martin-Milius requested to pull Item 1.G. MOTION: Vice Mayor Davis moved and Councilmember Larsson seconded the motion to approve the Consent Calendar, with the exception of Item 1.A, 1.B, 1.E, 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 14-0783 Approve City Council Meeting Minutes of August 26, 2014 Public hearing opened at 8:18 p.m. No speakers. Public hearing closed at 8:18 p.m. MOTION: Vice Mayor Davis moved and Councilmember Hendricks seconded the motion to approve the City Council Meeting Minutes of August 26, 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 14-0857 Approve the List(s) of Claims and Bills Approved for Payment City of Sunnyvale Page 2 City Council Meeting Minutes September 16, 2014 by the City Manager Public hearing opened at 8:19 p.m. No speakers. Public hearing closed at 8:19 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 14-0748 Renewal of Contract with Bill Wilson Center to Provide Youth Workforce Development Services Approve the renewal of the contract with Bill Wilson Center in an amount not to exceed $500,000 to provide youth workforce development services from October 1, 2014 through September 30, 2015. 1.D 14-0750 Approve Budget Modification No. 11 to Appropriate $32,250 for the Schools Goin’ Green Project which is receiving Santa Clara Valley Water District 2014 Safe, Clean Water Priority B Grant Funds. Approve Budget Modification No. 11 to appropriate a total of $32,250 for staffing resources, supplies, and equipment to a new project, Schools Goin’ Green Project, which will be receiving 2014 Safe Clean Water Priority B Grant funds. 1.E 14-0803 Award a Contract to Prepare a Two-Phase Feasibility Study of Structural Stormwater Best Management Practices for the SMaRT Station® and the Concrete Recycling Facility (F14-103) and Approval of Budget Modification No. 14 Public hearing opened at 8:21 p.m. No speakers. City of Sunnyvale Page 3 City Council Meeting Minutes September 16, 2014 Public hearing closed at 8:21 p.m. MOTION: Councilmember Whittum moved and Vice Mayor Davis seconded the motion to 1) Award a contract, in substantially the same form as the attached draft and in an amount not to exceed $166,887 to Geosyntec Consultants for the subject project and authorize the City Manager to execute the contract when all the necessary conditions are met; 2) Approve a 10% contract contingency in the amount of $16,689; and 3) Approve Budget Modification No. 14. 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.F 14-0825 Approve Budget Modification No. 13 to Appropriate $99,816 of Department of Homeland Security Grant Funds for Participation in 2014 Urban Shield and California Emergency Managers Association Training Conference Approve Budget Modification No. 13 to appropriate Department of Homeland Security Grant Funds for Participation in 2014 Urban Shield and California Emergency Managers Association Training Conference to two new projects: New Project #1 - 2014 Urban Shield and New Project #2 - 2014 CESA Training Conference. 1.G 14-0810 Adopt the Revised Council Policy 1.1.9 Sustainable Development and Green Building MOTION: Councilmember Martin-Milius moved and Councilmember Whittum seconded the motion to adopt the revised Council Policy 1.1.9 Sustainable Development and Green Buildings (Attachment 1) with the addition of bird-safe design guidelines. No action was taken at this time. Public hearing opened at 8:27 p.m. No speakers. Public hearing closed at 8:27 p.m. City of Sunnyvale Page 4 City Council Meeting Minutes September 16, 2014 MOTION: Councilmember Whittum moved and Councilmember Martin-Milius seconded to adopt the revised Council Policy 1.1.9 Sustainable Development and Green Buildings (Attachment 1) with the addition of the phrase “When considering the green building program, consider also bird safe design.” 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.H 14-0848 Adoption of Ordinance No. 3043-14 Amending Various Sections of Sunnyvale Municipal Code Title 19 (Zoning) Councilmember Whittum requested staff correct the policy document to reflect Council’s action at the last meeting that the mailed notice should include some indication of issues that may be studied or discussed. City Attorney Joan Borger confirmed the policy would be corrected. Public hearing opened at 8:31 p.m. No speakers. Public hearing closed at 8:31 p.m. MOTION: Councilmember Whittum moved and Councilmember Larsson seconded the motion to Adopt Ordinance No. 3043 14. 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 5 City Council Meeting Minutes September 16, 2014 PUBLIC COMMENTS Tom Dougherty spoke regarding a traffic safety problem at the mobile home park on Henderson Avenue following the removal of “no parking” signs near the exit of the park. Holly Lofgren spoke regarding the participation of City employees and contractors at local public policy forums and suggested the opinions and positions given by the employees may not be the positions set by the City Council. Michael Goldman spoke regarding City planning and greenhouse gases. Peter Cirigliano spoke regarding the actions of a Councilmember. PUBLIC HEARINGS/GENERAL BUSINESS 2 14-0425 Board and Commission Appointments Arts Commission (1 term to 6/30/2017) Lawson, Robert VOTE: 6 – 1 (Councilmember Meyering dissented) Springer, Wendy VOTE: 1 – 0 – 6 (Councilmember Meyering, Vice Mayor Davis, Mayor Griffith, Councilmembers Martin-Milius, Larsson and Hendricks abstained) Valenzuela, Kenneth VOTE: 1 – 0 – 6 (Councilmember Whittum, Vice Mayor Davis, Mayor Griffith, Councilmembers Martin-Milius, Larsson and Hendricks abstained) Deputy City Clerk Lisa Natusch announced Robert Lawson was appointed to the Arts Commission to a term expiring 6/30/2017. Bicycle and Pedestrian Advisory Commission (Category One: 1 term to 6/30/2017) Mattis, John VOTE: 2 – 0 – 5 (Vice Mayor Davis, Mayor Griffith and Councilmembers Martin-Milius, Larsson and Hendricks abstained) Okuzumi, Margaret VOTE: 4 – 0 – 3 (Councilmember Meyering, Councilmember Whittum and Vice Mayor Davis abstained) City of Sunnyvale Page 6 City Council Meeting Minutes September 16, 2014 Veitch, Tonya VOTE: 3 – 0 – 4 (Councilmember Meyering, Mayor Griffith, Councilmembers Larsson and Hendricks abstained) Deputy City Clerk Lisa Natusch announced Margaret Okuzumi was appointed to the Bicycle and Pedestrian Advisory Commission, Category One, to a term expiring 6/30/2017. Heritage Preservation Commission (1 term to 6/30/2018) Dietrich, Hannalore VOTE: 7 – 0 Valenzuela, Kenneth VOTE: 1 – 0 – 6 (Councilmember Whittum, Vice Mayor Davis, Mayor Griffith, Councilmembers Martin-Milius, Larsson and Hendricks abstained) Deputy City Clerk Lisa Natusch announced Hannalore Dietrich was appointed to the Heritage Preservation Commission to a term expiring 6/30/2018. Parks and Recreation Commission (1 term to 6/30/2018) Kwok, Minjung VOTE: 4 – 0 – 3 (Councilmember Meyering, Vice Mayor Davis and Mayor Griffith abstained) Schneck, Andrea VOTE: 5 – 0 – 2 (Councilmembers Martin-Milius and Hendricks abstained) Springer, Wendy VOTE: 0 – 0 – 7 (Councilmember Meyering, Councilmember Whittum, Vice Mayor Davis, Mayor Griffith, Councilmembers Martin-Milius, Larsson and Hendricks abstained) Deputy City Clerk Lisa Natusch announced Andrea Schneck was appointed to the Parks and Recreation Commission to a term expiring 6/30/2018. Sustainability Commission (Category Two: 1 term to 6/30/2017) Glazebrook, Brian City of Sunnyvale Page 7 City Council Meeting Minutes September 16, 2014 VOTE: 5 – 0 – 2 (Councilmember Meyering and Vice Mayor Davis abstained) Joesten, Stephen VOTE: 1 – 0 – 6 (Councilmember Meyering, Vice Mayor Davis, Mayor Griffith, Councilmembers Martin-Milius, Larsson and Hendricks abstained) Pressman, Barbara VOTE: 3 – 0 – 4 (Mayor Griffith and Councilmembers Martin-Milius, Larsson and Hendricks abstained) Deputy City Clerk Lisa Natusch announced Brian Glazebrook was appointed to the Sustainability Commission to a term expiring 6/30/2017. 3 14-0396 Approval of the Urban Forest Management Plan Superintendent of Parks and Golf Scott Morton presented the staff report. Public hearing opened at 7:50 p.m. Jeanine Stanek, on behalf of her experience with the Historical Society, provided information regarding the history of volunteers planting trees in Sunnyvale. Public hearing closed at 7:52 p.m. MOTION: Councilmember Whittum moved and Councilmember Larsson seconded the motion to approve Alternative 1: Approve adoption of the Urban Forest Management Plan (UFMP). 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 14-0399 Approval of a Joint Field Use Agreement for Open Space at Multiple Sites within the Cupertino Union School District Director of Public Works Kent Steffens presented the staff report and provided a revised agreement. Public hearing opened at 8:05 p.m. City of Sunnyvale Page 8 City Council Meeting Minutes September 16, 2014 Henry Alexander III, Chair of the Parks and Recreation Commission, stated the Commission’s support of the agreement. Public hearing closed at 8:06 p.m. MOTION: Councilmember Whittum moved and Vice Mayor Davis seconded the motion to approve Alternative 1: Approve the Joint Field Use Agreement for Open Space at Multiple Sites within the Cupertino Union School District as presented Attachment 1 with the understanding that staff will make an administrative correction to the diagrams where necessary to include the trails that the City maintains and as presented in the amended agreement provided. 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 5 14-0722 Introduce an Ordinance Amending Chapter 16.52 (Fire Code) of Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code Fire Marshal Lynne Kilpatrick presented the staff report. Public hearing opened at 8:15 p.m. No speakers. Public hearing closed at 8:15 p.m. MOTION: Vice Mayor Davis moved and Councilmember Hendricks seconded the motion to approve Alternative 1: Introduce the Ordinance, presented at Attachment 1, Amending Chapter 16.52 (Fire Code) of Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code. Deputy City Clerk Lisa Natusch read the ordinance title. The motion carried by the following vote: City of Sunnyvale Page 9 City Council Meeting Minutes September 16, 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 Vice Mayor Davis reported his attendance at the County Emergency Operations Council meeting, the League of California Cities Conference, the State of the City event and the Valley Transportation Authority Policy Advisory Committee meeting. Councilmember Martin-Milius reported her attendance at the Environmental Quality Policy meeting and the League of California Cities conference. Councilmember Whittum reported on the recent VTA public outreach meeting regarding improvements to North/South transit, an upcoming VTA CMP meeting, that the El Camino BRT project draft Environmental Impact Report will be coming out soon and suggested a presentation be placed on the Council agenda sometime during the DEIR comment period. Mayor Griffith reported his attendance at the NASA Quarterly meeting. NON-AGENDA ITEMS & COMMENTS -Council Vice Mayor Davis reported his attendance at the Army Reserve Strong March at Moffett Field, the Valley Transportation Authority Outreach Meeting regarding North/South bus routes, the Employee Years of Service breakfast, the Lakewood Village Neighborhood Association meeting, the Silicon Valley Leadership Group's Education Summit, a racial diversity class, the State of the City event, the Gavello Glenn Neighborhood Association Picnic, the grand opening of Smashburger, and a meeting with representatives of the Santa Clara School District Board. Councilmember Hendricks suggested VTA explain the criteria for the decision-making process regarding BRT. Councilmember Larsson spoke regarding the water saving items distributed by the City of Sunnyvale Page 10 City Council Meeting Minutes September 16, 2014 Environmental Services Department at the State of the City event. Councilmember Whittum spoke regarding an interest of residents in senior-compatible or disabled-compatible play equipment and inquired as to whether the City has or intends to have this type of play equipment and what kind of increment to cost is there and whether it is CDBG eligible. Councilmember Whittum reported a concern in the western SNAIL neighborhood regarding issues with over the air TV signal reception due to the tall building there, and requested information from staff. Councilmember Whittum inquired as to the process going forward for Butcher’s Corner, including what the site is capable of handling in terms of traffic. Councilmember Whittum confirmed that the information posted on downtown.inSunnyvale.com will be updated. Councilmember Meyering requested to sponsor a study issue to analyze the cost and benefits of having Sunnyvale’s garbage hauler pick up already sorted recyclable items from Sunnyvale businesses. No co-sponsor. Councilmember Meyering suggested staff send a second letter to the California Public Utilities Commission asking for all PG&E internal emails in which there was any discussion about the condition of gas pipelines underneath Sunnyvale. City Attorney Borger stated she will send the request. Mayor Griffith thanked staff and his colleagues for the Strategic Planning sessions and thanked staff for the State of the City event. -City Manager None. INFORMATION ONLY REPORTS/ITEMS 14-0785 Tentative Council Meeting Agenda Calendar 14-0645 Information/Action Items 14-0780 Update on In-Lieu Fee Option for Art in Private Development (Information Only) City of Sunnyvale Page 11 City Council Meeting Minutes September 16, 2014 14-0875 Study Session Summary of August 21, 2014 - City Council Strategic Planning Meeting 14-0541 Board/Commission Meeting Minutes ADJOURNMENT Mayor Griffith adjourned the meeting at 8:54 p.m. City of Sunnyvale Page 12