City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, May 19, 2015 4:30 PM West Conference Room and Council Chambers, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meetings: Closed Session-4:30 PM | Joint Study Session with Planning Commission-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 Tara Martin-Milius Councilmember David Whittum Councilmember Pat Meyering Councilmember Jim Davis Councilmember Glenn Hendricks Councilmember Gustav Larsson CLOSED SESSION REPORT Vice Mayor Martin-Milius reported Council met in Closed Session held pursuant to California Government Code Section 54957.6: Conference with Labor Negotiators; nothing to report. SPECIAL ORDER OF THE DAY 15-0115 SPECIAL ORDER OF THE DAY - “Schools Goin’ Green” Grant Program Presentation Jackie Davison, Environmental Services Department, and representatives from schools participating in the Schools Goin’ Green project presented information about the project. City of Sunnyvale Page 1 City Council Meeting Minutes May 19, 2015 15-0434 SPECIAL ORDER OF THE DAY - Public Works Week Proclamation Mayor Griffith presented a proclamation to Director of Public Works Manuel Pineda in honor of Public Works Week. PUBLIC ANNOUNCEMENTS Councilmember Davis announced the Sunnyvale Public Library Summer Reading Program. Marie Bernard announced an upcoming “Our Kids-Our Community” event. David Wessel announced upcoming meetings of the Democratic Club of Sunnyvale. Michael Goldman announced a signature event of the Sunnyvale Public Lands for Public Use ballot initiative. CONSENT CALENDAR Councilmember Meyering requested to pull Items 1.A through 1.J. 1.A 15-0493 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Public Hearing opened at 12:21 a.m. No speakers. Public Hearing closed at 12:21 a.m. MOTION: Vice Mayor Martin-Milius moved and Councilmember Davis 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 Martin-Milius Councilmember Whittum Councilmember Davis Councilmember Hendricks Councilmember Larsson No: 1 - Councilmember Meyering City of Sunnyvale Page 2 City Council Meeting Minutes May 19, 2015 1.B 15-0120 Award of Contract to the Metropolitan Planning Group for Consultant Services to Update the Precise Plan for El Camino Real (F15-64) MOTION: Vice Mayor Martin-Milius moved and Councilmember Larsson seconded the motion to 1) Award a contract, in substantially the same format as Attachment 1 to the report and in the amount of $533,638, to Metropolitan Planning Group (M Group) 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% contract contingency in the amount of $53,362. The motion carried by the following vote: Yes: 4 - Mayor Griffith Vice Mayor Martin-Milius Councilmember Hendricks Councilmember Larsson No: 3 - Councilmember Whittum Councilmember Meyering Councilmember Davis 1.C 15-0428 Award of Contract for One Dump Truck (F15-85) and Approval of Budget Modification No. 47 for $128,185 to Fund the Purchase Public Hearing opened at 12:40 a.m. No speakers. Public Hearing closed at 12:40 a.m. MOTION: Vice Mayor Martin-Milius moved and Councilmember Hendricks seconded the motion to 1) Award a contract in the amount of $117,872 to Peterson Trucks, Inc. for one dump truck, in substantially the same form as the draft purchase order attached to the report; and 2) Approve Budget Modification No. 47 for $128,185 to fund the total cost including taxes and fees. The motion carried by the following vote: Yes: 6 - Mayor Griffith Vice Mayor Martin-Milius Councilmember Whittum Councilmember Davis Councilmember Hendricks Councilmember Larsson City of Sunnyvale Page 3 City Council Meeting Minutes May 19, 2015 No: 1 - Councilmember Meyering 1.D 15-0538 Award of a Three-year Contract for Workers’ Compensation Claims Administration Services (F15-57) Public Hearing opened at 12:45 a.m. No speakers. Public Hearing closed at 12:45 a.m. MOTION: Vice Mayor Martin-Milius moved and Councilmember Hendricks seconded the motion to 1) Award a three year contract to Acclamation Insurance Management Services, Inc. (AIMS) in the amount of $924,316 to provide workers' compensation claims administration services, in substantially the same form as the draft consultant services agreement attached to the report; and 2) authorize the City Manager to renew the contract for additional one year periods provided that pricing and service remain acceptable to the City. The motion carried by the following vote: Yes: 6 - Mayor Griffith Vice Mayor Martin-Milius Councilmember Whittum Councilmember Davis Councilmember Hendricks Councilmember Larsson No: 1 - Councilmember Meyering City of Sunnyvale Page 4 City Council Meeting Minutes May 19, 2015 1.E 15-0498 Authorization to Amend an Existing Contract to Conduct an Analysis to Identify Alternatives to Complete a Public Multi-Use Bicycle/Pedestrian Trail in the Stevens Creek Corridor (F15-104) and Approval of Budget Modification No. 49 Public Hearing opened at 1 a.m. No speakers. Public Hearing closed at 1 a.m. MOTION: Vice Mayor Martin-Milius moved and Councilmember Hendricks seconded the motion to 1) Authorize a Second Amendment to an existing contract, in substantially the same format as Attachment 1 to the report, with Jana Sokale Environmental Planning for additional stakeholder outreach in the amount of $15,022 to the Four Cities Coordinated Stevens Creek Trail Feasibility; 2) Approve a contingency in the amount of $978; and 3) Approve Budget Modification No. 49 to modify the project costs and funding source. The motion carried by the following vote: Yes: 5 - Mayor Griffith Vice Mayor Martin-Milius Councilmember Whittum Councilmember Hendricks Councilmember Larsson No: 2 - Councilmember Meyering Councilmember Davis City of Sunnyvale Page 5 City Council Meeting Minutes May 19, 2015 1.F 15-0430 Authorize Modification of an Existing Contract for the Land Use and Transportation Element Environmental Impact Report (F15-97), and Approval of Budget Modification No. 48 in the amount of $162,900 Public Hearing opened at 1:07 a.m. No speakers. Public Hearing closed at 1:07 a.m. MOTION: Vice Mayor Martin-Milius moved and Councilmember Larsson seconded the motion to 1) Approve modification of an existing contract with Pacific Municipal Consultants to increase the not to exceed value by $38,900, from $499,732 to $538,632, and 2) approve Budget Modification No. 48 to appropriate $77,900, consisting of $38,900 for the proposed contract amendment and $39,000 to prepare a Traffic Impact Analysis, and to appropriate $85,000 to update the Transportation Impact Fee. Motion carried by the following vote: Yes: 6 - Mayor Griffith Vice Mayor Martin-Milius Councilmember Whittum Councilmember Davis Councilmember Hendricks Councilmember Larsson No: 1 - Councilmember Meyering 1.G 15-0494 Approval of Second Amendment to the Reimbursement Agreement and Fee Letter Relating to City of Sunnyvale’s 2009 Variable Rate Demand Refunding Certificates of Participation (COPs) Public Hearing opened at 1:13 a.m. No speakers. Public Hearing closed at 1:13 a.m. MOTION: Vice Mayor Martin-Milius moved and Councilmember Hendricks seconded the motion to approve Alternative 1: Adopt the resolution approving and authorizing the negotiation, execution, delivery and performance of a Second Amendment to Reimbursement Agreement and Fee Letter relating to the 2009 COPs, and authorizing other related actions. The motion carried by the following vote: City of Sunnyvale Page 6 City Council Meeting Minutes May 19, 2015 Yes: 7 - Mayor Griffith Vice Mayor Martin-Milius Councilmember Whittum Councilmember Meyering Councilmember Davis Councilmember Hendricks Councilmember Larsson No: 0 1.H 15-0438 Adopt a Resolution to Authorize the Filing of the Fiscal Year 2015/2016 Transportation Development Act (TDA) Article 3 Applications for Pedestrian and Bicycle Projects Public Hearing opened at 7:31 p.m. Margaret Okuzumi, member of the Bicycle and Pedestrian Advisory Commission, stated she was part of the minority vote on this issue and expressed concerns regarding the status of other projects funded by TDA funds. Public Hearing closed at 7:33 p.m. Director of Public Works Manuel Pineda responded to Council questions. MOTION: Councilmember Whittum moved and Vice Mayor Martin-Milius seconded the motion to adopt a resolution requesting MTC for allocation of $108,329.00 of TDA funds for FY 2015/16 for Green Bike Lanes at conflict points along Evelyn Avenue and installation of a RRFB system crossing Henderson Avenue at the intersection of Henderson Avenue and Lily Avenue. The motion carried by the following vote: Yes: 6 - Mayor Griffith Vice Mayor Martin-Milius Councilmember Whittum Councilmember Davis Councilmember Hendricks Councilmember Larsson No: 1 - Councilmember Meyering City of Sunnyvale Page 7 City Council Meeting Minutes May 19, 2015 1.I 15-0320 Adopt a Resolution for Reimbursement of Response Costs under the California Fire Assistance Agreement MOTION: Councilmember Meyering moved to table the item pending the current labor negotiations. The motion died due to lack of a second. Public Hearing opened at 1:15 a.m. No speakers. Public Hearing closed at 1:15 a.m. MOTION: Vice Mayor Martin-Milius moved and Councilmember Hendricks seconded the motion to adopt a resolution to codify our policy of portal to portal pay for all employees deployed to emergency incidents in its role as a Mutual Aid Provider subject to reimbursement provided under the California Fire Assistance Agreement (CFAA) effective January 1, 2015. The motion carried by the following vote: Yes: 6 - Mayor Griffith Vice Mayor Martin-Milius Councilmember Whittum Councilmember Davis Councilmember Hendricks Councilmember Larsson No: 1 - Councilmember Meyering 1.J 15-0423 Approve Final Map (Tract No.10282) - 10-unit Townhomes at 1071 Noriega Avenue by Classic 1071 Noriega, L.P, a California Limited Partnership Public Hearing opened at 1:15 a.m. No speakers. Public Hearing closed at 1:15 a.m. MOTION: Vice Mayor Martin-Milius moved and Councilmember Whittum seconded the motion to approve the final map for Tract No. 10282; 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: City of Sunnyvale Page 8 City Council Meeting Minutes May 19, 2015 Yes: 6 - Mayor Griffith Vice Mayor Martin-Milius Councilmember Whittum Councilmember Davis Councilmember Hendricks Councilmember Larsson No: 1 - Councilmember Meyering PUBLIC COMMENTS Tom Dougherty spoke regarding traffic safety on Henderson Avenue and requested a high-level review of the situation. David Wessel spoke regarding the Sunnyvale Heritage Apricot Orchard and expressed concerns regarding a proposal to move the Butcher House to the acreage. Michael Goldman spoke regarding the Civic Center and threat to democracy. Maria Pan spoke regarding an issue she raised earlier regarding her identity. PUBLIC HEARINGS/GENERAL BUSINESS City of Sunnyvale Page 9 City Council Meeting Minutes May 19, 2015 2 15-0478 Consider Modifications to 2015 Bicycle and Pedestrian Advisory Commission (BPAC) and Sustainability Commission Work Plans (Approved 4/28/2015, RTC 15-0049) City Manager Santana provided a brief report and Mayor Griffith presented background information. Bruce Paton, Chair of the Sustainability Commission, addressed the Council regarding the commission’s process. Dave Jones, Chair of the Bicycle and Pedestrian Advisory Commission, provided information and written materials with a proposed revised Work Plan including Commissioner-led presentations. Public Hearing opened at 8:06 p.m. Kevin Jackson, Bicycle and Pedestrian Advisory Commission member speaking for himself, suggested a joint meeting of Council and commissioners to discuss concerns. Margaret Okazumi, Bicycle and Pedestrian Advisory Commission member stated the intent of the additional topics was to give members an opportunity to prepare for items under discussion. Public Hearing closed at 8:10 p.m. MOTION: Councilmember .Hendricks moved and Councilmember Whittum seconded the motion to accept the work plans as presented and modified with the comments that came from the two speakers and with the updated work plan the Bicycle and Pedestrian Advisory Commission provided. The motion carried by the following vote: Yes: 7 - Mayor Griffith Vice Mayor Martin-Milius Councilmember Whittum Councilmember Meyering Councilmember Davis Councilmember Hendricks Councilmember Larsson No: 0 City of Sunnyvale Page 10 City Council Meeting Minutes May 19, 2015 3 15-0063 Appoint Applicants to Boards and Commissions City Clerk Kathleen Franco Simmons conducted paper ballot votes, tallied the votes and reported the results as follows: ARTS COMMISSION (1 term to 6/30/2019): Koppel, David VOTE: 7 – 0 Valenzuela, Kenneth (1st preference) VOTE: 0 – 0 – 7 (All Councilmembers abstained) City Clerk Franco Simmons announced David Koppel was appointed to the Arts Commission for a term expiring June 30, 2019. BICYCLE AND PEDESTRIAN ADVISORY COMMISSION (Category 1, 1 term to 6/30/2019): La Fetra, Frank VOTE: 4 – 0 – 3 (Councilmember Meyering, Vice Mayor Martin-Milius and Mayor Griffith abstained) Mattis, John VOTE: 0 – 0 – 7 (All Councilmembers abstained) VanPernis, James VOTE: 2 – 0 – 5 (Vice Mayor Martin-Milius, Mayor Griffith, Councilmembers Hendricks, Larsson and Davis abstained) Veitch, Tonya VOTE: 0 – 0 – 7 (All Councilmembers abstained) Welch, Kyle VOTE: 5 – 0 – 2 (Councilmembers Hendricks and Davis abstained) City Clerk Franco Simmons announced Kyle Welch was appointed to the Bicycle and Pedestrian Advisory Commission Catergory One for a term ending June 30, 2019. BOARD OF BUILDING CODE APPEALS (1 term to 6/30/2019): City of Sunnyvale Page 11 City Council Meeting Minutes May 19, 2015 Kisyova, Petya VOTE: 7 – 0 – 0 City Clerk Franco Simmons announced Petya Kisyova was appointed to the Board of Building Code Appeals for a term ending June 30, 2019. PARKS AND RECREATION COMMISSION (1 term to 6/30/2019): Kwok, Minjung VOTE: 0 – 0 – 7 (All Councilmembers abstained) Pasqua, Craig VOTE: 7 – 0 City Clerk Franco Simmons announced Craig Pasqua was appointed to the Parks and Recreation Commission for a term ending June 30, 2019. PLANNING COMMISSION (2 terms to 6/30/2019): Simons, David VOTE: 6 – 0 – 1 (Councilmember Meyering abstained) Stetson, Elinor (1st preference) VOTE: 2 – 0 – 5 (Councilmember Whittum, Vice Mayor Martin-Milius, Mayor Griffith, Councilmembers Hendricks and Larsson abstained) Thangamuthu, Kandaswamy VOTE: 1 – 0 – 6 (Councilmember Whittum, Vice Mayor Martin-Milius, Mayor Griffith, Councilmembers Hendricks, Larsson and Davis abstained) City Clerk Franco Simmons announced David Simons was appointed to the Planning Commission for a term ending June 30, 2019, and that one vacancy remains on the commission. SUSTAINABILITY COMMISSION (1 term to 6/30/2019): Do, Cam Thuy VOTE: 2 – 0 – 5 (Vice Mayor Martin-Milius, Mayor Griffith, Councilmembers Hendricks, Larsson and Davis abstained) Hafeman, Dan City of Sunnyvale Page 12 City Council Meeting Minutes May 19, 2015 VOTE: 6 – 0 – 1 (Councilmember Davis abstained) Peters, Kate VOTE: 3 – 0 – 4 (Vice Mayor Martin-Milius, Mayor Griffith, Councilmembers Hendricks and Larsson abstained) Shen, Yonghong VOTE: 2 – 0 – 5 (Councilmember Meyering, Vice Mayor Martin-Milius, Mayor Griffith, Councilmembers Hendricks and Larsson abstained) City Clerk Franco Simmons announced Dan Hafeman was appointed to the Sustainability Commission for a term ending June 30, 2019. HERITAGE PRESERVATION COMMISSION (2 terms to 6/30/2019): Hopkins, Dawn VOTE: 7 – 0 Valenzuela, Kenneth (2nd preference) VOTE: 2 – 0 – 5 (Councilmember Whittum, Vice Mayor Martin-Milius, Mayor Griffith, Councilmembers Larsson and Davis abstained) City Clerk Franco Simmons announced Dawn Hopkins was appointed to the Heritage Preservation Commission for a term ending June 30, 2019, and that one vacancy remains on the commission. HOUSING AND HUMAN SERVICES COMMISSION (1 term to 6/30/2019): Evans, Patti VOTE: 6 – 0 – 1 (Councilmember Davis abstained) Stetson, Elinor (2nd preference) VOTE: 3 – 0 – 4 (Vice Mayor Martin-Milius, Mayor Griffith, Councilmembers Hendricks and Davis abstained) City Clerk Kathleen Franco Simmons announced Patti Evans was appointed the Housing and Human Services Commission for a term ending June 30, 2019. City of Sunnyvale Page 13 City Council Meeting Minutes May 19, 2015 4 15-0055 Consider Adoption of Local Hiring Program Assistant City Manager Robert Walker presented the staff report. City Manager Deanna Santana and City Attorney Joan Borger provided additional information. Public Hearing opened at 8:58 p.m. Carol Weiss, Santa Clara County Human Relations Commissioner, spoke regarding the meaning of “local,” requested contract language be added to require all contractors and subcontractors to affirm they have no outstanding wage judgments against them, and requested inclusion of language to include the homeless. Ro Khanna, Lecturer of Economics, Stanford University, urged support of a local hiring ordinance and a prevailing wage and taking a leadership role in innovation. Kevin Dayton, Coalition for Fair Employment in Construction, spoke in support of local hiring throughout the State and region, but stated this proposal is not a good one. Louise Auerhahn, Working Partnerships, stated that this issue has always been about private development and was not intended to propose prevailing wage to private development. Dick Guardino spoke in support of local, quality union workers. John Dalrymple spoke in support of drafting a local hiring ordinance. Michael Fox, Union Journeyman Sheet Metal Worker, spoke in support of local workers and requiring large-scale developers to provide Bay Area standard wages. Shawn Escalante, apprentice, Sheet Metal Workers Local 104, spoke in support of opportunities to work as an apprentice with middle-class wages. Woody Dornbusch spoke in support of giving local workers opportunities to work and buy homes in Sunnyvale. Shanta Franco-Clausen, Santa Clara County Commissioner on the Status of Women, spoke in support of fair wages to allow workers to afford homes in Sunnyvale. Yolanda Franco-Clausen, Santa Clara County Commission for Social Services, City of Sunnyvale Page 14 City Council Meeting Minutes May 19, 2015 spoke in support of creating a program that would create local jobs and allow people to buy homes and thrive in Sunnyvale. Marie Bernard, Executive Director, Sunnyvale Community Services, provided information regarding families who receive financial aid and recommended consideration of a study of under-employment in the community and encouraging local living wages. Josue’ Garcia, CEO, Building and Construction Trades Council, spoke in support of the proposed policy. Robert Aguirre spoke regarding the history of employment in Sunnyvale and the importance of local hiring to enable families to remain in Sunnyvale. Ben Field, South Bay Labor Council, provided information about what the City can do to promote local hiring. Dennis King, Executive Director of the Hispanic Chamber of Commerce, spoke in support of the initiative for local hiring. Sal Ventura, IBEW Local 332 Electrical Workers, commended staff on the outreach. Public Hearing closed at 9:51 p.m. MOTION: Councilmember Davis moved to direct the City Manager to proceed with a nexus study to determine a tie between local public and private development projects and local hiring; that the City Manager draft a local hire ordinance, modeled after the San Francisco ordinance that requires a good faith effort to hire locally for both public and private large development projects; Bring forward an ordinance to ensure that large-scale private developments hire, employ and provide on-the-job training to apprentices. Elements of that ordinance shall include at least the following: a) For each trade or craft to be employed in construction of the Project, the Applicant shall utilize certified apprentices on the Project from each craft at the ratio approved by the state. b) These apprentices shall be enrolled either in a State of California registered apprenticeship program or in an apprenticeship program in any other state that is registered with that’s state’s Apprenticeship Agency or with the U.S. Dept. of Labor. City of Sunnyvale Page 15 City Council Meeting Minutes May 19, 2015 c) Upon Applicant’s selection of a contractor(s) for construction or development of the Project, Applicant shall send a notice identifying projected apprenticeship needs by craft to a representative of applicable Registered Apprenticeship Committees, or shall cause its contractor(s) or subcontractor(s) to send such a notice. Bring forward a policy resolution stating that it is the City of Sunnyvale’s policy to ensure that area standard wages are paid on all construction projects involving the use of public funds, public land, or other public resources, specifically: a) In projects involving the sale, swap or ground leasing of City-owned real estate for purposes of development or redevelopment, incorporate into the terms and conditions of sale or lease an agreement to pay area standard wages to construction workers employed on that project, and hire and employ apprentices as described above. b) In the negotiation of Exclusive Negotiating Agreements or Development Agreements, require developers to agree to pay area standard wages to construction workers employed on that project, and hire and employ apprentices as described above. c) In the provision of economic development subsidies to projects involving significant construction work, require payment of area standard wages as a condition of the subsidy. d) In the preparation, adoption and modification of Specific Plans or Precise Plans, incorporate a commitment to area standard wages and apprentice utilization into the Policy Framework, and describe implementation steps to be taken to further these goals. Councilmember Hendricks raised a point of order, requesting to receive the motion in written format. Council recessed at 10 p.m. Council reconvened at 10:16 p.m. with all Councilmembers present. The motion died due to lack of a second. MOTION: Councilmember Hendricks moved and Councilmember Davis seconded the motion to approve Alternatives 1, 2, and 3: 1) Approve an additional position, one Administrative Analyst at a cost of $140,000 annually ($3.4 million over 20 City of Sunnyvale Page 16 City Council Meeting Minutes May 19, 2015 years), in the FY 2015/16 Recommended Budget for the purpose of monitoring certified payroll submissions related to public construction and public maintenance projects in order to a) ensure compliance with state mandated prevailing wage requirements, and b) add language to existing public project contract specifications, and to those private projects enjoying a public subsidy, to require documentation prior to start of project regarding the number of construction jobs projected, and to require along with certified payroll submissions documentation regarding the actual number and percent of local workers and apprentices employed; 2) Adopt a value based policy statement to formally encourage local developers and contractors on public and private projects to make outreach efforts for local hiring, to use state certified local apprenticeship or jobs training programs, and to pay prevailing wages, with no monitoring or record keeping. Cost limited to developing and printing informational materials, and to be absorbed in existing operating budget; and 3) Prepare a budget supplement for $50,000 to conduct an assessment of local workforce needs and economic conditions to justify creation of a local hiring program (establishment of targets and other local hiring elements) for consideration in future development agreements and/ or the development of future precise plans or specific plans. Council to make a final determination regarding the $50,000 budget supplement during adoption of the 2015/2016 budget in June. Ongoing operating costs to implement any such program are currently estimated at $270,000 (the cost of two, full-time administrative analysts), but would not be finalized or appropriated by Council until completion of the $50,000 assessment. SUBSTITUTE MOTION: Councilmember Whittum moved and Councilmember Meyering seconded a substitute motion to approve Alternative 1: Approve an additional position, one Administrative Analyst at a cost of $140,000 annually ($3.4 million over 20 years), in the FY 2015/16 Recommended Budget for the purpose of monitoring certified payroll submissions related to public construction and public maintenance projects in order to a) ensure compliance with state mandated prevailing wage requirements, and b) add language to existing public project contract specifications, and to those private projects enjoying a public subsidy, to require documentation prior to start of project regarding the number of construction jobs projected, and to require along with certified payroll submissions documentation regarding the actual number and percent of local workers and apprentices employed; and Bring forward an ordinance to ensure that large-scale private developments hire, employ and provide on-the-job training to apprentices. Elements of that ordinance shall include at least the following: a) For each trade or craft to be employed in construction of the Project, the Applicant shall utilize certified apprentices on the Project from each craft at the ratio City of Sunnyvale Page 17 City Council Meeting Minutes May 19, 2015 approved by the state. b) These apprentices shall be enrolled either in a State of California registered apprenticeship program or in an apprenticeship program in any other state that is registered with that’s state’s Apprenticeship Agency or with the U.S. Dept. of Labor. c) Upon Applicant’s selection of a contractor(s) for construction or development of the Project, Applicant shall send a notice identifying projected apprenticeship needs by craft to a representative of applicable Registered Apprenticeship Committees, or shall cause its contractor(s) or subcontractor(s) to send such a notice. The substitute motion carried by the following vote: Yes: 4 - Mayor Griffith Councilmember Whittum Councilmember Meyering Councilmember Davis No: 3 - Vice Mayor Martin-Milius Councilmember Hendricks Councilmember Larsson City of Sunnyvale Page 18 City Council Meeting Minutes May 19, 2015 MOTION: Vice Mayor Martin-Milius moved to approve Alternatives 2 and 3: 2) Adopt a value based policy statement to formally encourage local developers and contractors on public and private projects to make outreach efforts for local hiring, to use state certified local apprenticeship or jobs training programs, and to pay prevailing wages, with no monitoring or record keeping. Cost limited to developing and printing informational materials, and to be absorbed in existing operating budget; and 3) Prepare a budget supplement for $50,000 to conduct an assessment of local workforce needs and economic conditions to justify creation of a local hiring program (establishment of targets and other local hiring elements) for consideration in future development agreements and/ or the development of future precise plans or specific plans. Council to make a final determination regarding the $50,000 budget supplement during adoption of the 2015/2016 budget in June. Ongoing operating costs to implement any such program are currently estimated at $270,000 (the cost of two, full-time administrative analysts), but would not be finalized or appropriated by Council until completion of the $50,000 assessment. The motion died due to lack of second. MOTION: Vice Mayor Martin-Milius moved and Councilmember Hendricks seconded the motion to approve Alternative 2: Adopt a value based policy statement to formally encourage local developers and contractors on public and private projects to make outreach efforts for local hiring, to use state certified local apprenticeship or jobs training programs, and to pay prevailing wages, with no monitoring or record keeping. Cost limited to developing and printing informational materials, and to be absorbed in existing operating budget. The motion carried by the following vote: Yes: 7 - Mayor Griffith Vice Mayor Martin-Milius Councilmember Whittum Councilmember Meyering Councilmember Davis Councilmember Hendricks Councilmember Larsson No: 0 MOTION: Councilmember Whittum moved and Councilmember Hendricks seconded the motion to handle Item 6 next. The motion carried by the following vote: City of Sunnyvale Page 19 City Council Meeting Minutes May 19, 2015 Yes: 7 - Mayor Griffith Vice Mayor Martin-Milius Councilmember Whittum Councilmember Meyering Councilmember Davis Councilmember Hendricks Councilmember Larsson No: 0 City of Sunnyvale Page 20 City Council Meeting Minutes May 19, 2015 5 15-0114 Approve the Preliminary Vision Statement, Success Criteria, and Needs Assessment for the Civic Center Modernization Project Assistant City Manager Kent Steffens presented the staff report. Consultant Pamela Anderson-Brulé, Anderson Brulé Architects, provided a report and PowerPoint presentation. Public Hearing opened at 11:41 p.m. Michael Goldman spoke regarding Civic Center modernization and preservation, and provided a PowerPoint presentation. Arlene Goetze provided ideas for enhancing the Library and Civic Center community space. Mark Kaminsky spoke in support of larger meeting spaces at the Library. Public Hearing closed at 11:48 p.m. MOTION: Councilmember Hendricks moved and Councilmember Larsson seconded the motion to approve Alternative 3: Approve the Vision Statement, Success Criteria, and Needs Assessment for the Civic Center Modernization Project as preliminary, or a working draft, and direct staff to return to Council with a final draft after conducting additional outreach, with a change to the “Welcome the Community by” portion of the vision statement to change the word “full” to “wide.” AMENDMENT: Councilmember Meyering moved to amend the motion to clarify that the additional outreach will include three true/false questions that are presented to respondents: 1. Single story buildings do not make best use of this site. Agree or disagree. 2. Current open space does not support a variety of uses. Agree or disagree. 3. This is an under-utilized, under-used site. Agree or disagree. The motion to amend died due to lack of a second. FRIENDLY AMENDMENT: Mayor Griffith offered a friendly amendment to change, under the Needs Assessment for the Site, to change “Inadequate Parking for Peak Use in Some Lots” to “Adequate Parking for Peak Use in Some Lots.” Councilmember Hendricks accepted the friendly amendment. The motion carried by the following vote: City of Sunnyvale Page 21 City Council Meeting Minutes May 19, 2015 Yes: 6 - Mayor Griffith Vice Mayor Martin-Milius Councilmember Whittum Councilmember Davis Councilmember Hendricks Councilmember Larsson No: 1 - Councilmember Meyering MOTION: Councilmember Whittum moved and Councilmember Larsson seconded the motion to continue with the remainder of the agenda. The motion carried by the following vote: Yes: 7 - Mayor Griffith Vice Mayor Martin-Milius Councilmember Whittum Councilmember Meyering Councilmember Davis Councilmember Hendricks Councilmember Larsson No: 0 City of Sunnyvale Page 22 City Council Meeting Minutes May 19, 2015 6 15-0440 File #: 2014-8023 Location: 787 N. Mary Avenue (APN: 165-40-003) Zoning: MS Proposed Project: Application for a project on a 4.02-acre site: USE PERMIT to allow a new 54-foot tall wireless facility (mono-eucalyptus) in the parking lot of an industrial site. Applicant / Owner: Verizon Wireless (applicant) / North Mary, LLC (owner) Environmental Review: Negative Declaration Councilmember Larsson disclosed his employer sells networking gear to Verizon Communications which is the parent company of Verizon Wireless, recused himself and left the room. Director of Community Development Hanson Hom presented the staff report. Public Hearing opened at 10:57 p.m. Applicant Pamela Nobel, NSA Wireless, Inc. representing Verizon Wireless, stated she was available for questions. Public Hearing closed at 10:57 p.m. MOTION: Councilmember Davis moved and Councilmember Hendricks seconded the motion to approve Alternative 1: Adopt the Negative Declaration and approve the Use Permit with Recommended Conditions of Approval found in Attachment 4 to the report. The motion carried by the following vote: Yes: 6 - Mayor Griffith Vice Mayor Martin-Milius Councilmember Whittum Councilmember Meyering Councilmember Davis Councilmember Hendricks No: 0 Recused: 1 - Councilmember Larsson City of Sunnyvale Page 23 City Council Meeting Minutes May 19, 2015 7 15-0534 Ratify Appointment of Councilmember Pat Meyering to National League of Cities Transportation and Infrastructure Services (TIS) Steering Committee Roster Assistant City Manager Robert Walker presented the staff report. Public Hearing opened at 12:12 a.m. No speakers. Public Hearing closed at 12:12 a.m. MOTION: Councilmember Hendricks moved and Councilmember Larsson seconded the motion to not ratify the appointment. Motion carried by the following vote: Yes: 4 - Mayor Griffith Vice Mayor Martin-Milius Councilmember Hendricks Councilmember Larsson No: 3 - Councilmember Whittum Councilmember Meyering Councilmember Davis COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Vice Mayor Martin-Milius reported her attendance at Board and Commission interviews, the Stevens Creek Trail meeting, Palestinian Cultural Day, SNAP Class graduation, Girl Scouts of Los Altos Gold and Silver Award Tea and a meeting of the El Camino Real Corridor Plan Advisory Committee Appointment Committee. NON-AGENDA ITEMS & COMMENTS -Council Councilmember Whittum reported interest in a joint meeting with board and commission chairs. Councilmember Whittum reported the El Camino Real Corridor Plan Advisory Committee Appointment Committee met and appointed Councilmember Hendricks as Chair. Councilmember Whittum reported he volunteered to continue to serve on the Financial Sustainability Working Group for Santa Clara Unified School District. City of Sunnyvale Page 24 City Council Meeting Minutes May 19, 2015 -City Manager None. INFORMATION ONLY REPORTS/ITEMS 15-0528 Tentative Council Meeting Agenda Calendar 15-0378 Information/Action Items 15-0295 Study Session Summary of April 21, 2015 - Transportation Policy and Process 15-0539 Study Session Summary of May 13, 2015 - Board and Commission Interviews ADJOURNMENT Mayor Griffith adjourned the meeting at 1:18 a.m. City of Sunnyvale Page 25