City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, October 13, 2015 7:00 PM Council Chambers, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 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 SPECIAL ORDER OF THE DAY 15-0471 SPECIAL ORDER OF THE DAY - Annual Fire Safety Poster Contest Awards Presentation Chief of Public Safety Frank Grgurina, Network Resource Officer Jahari Tracy, Public Safety Specialist Dori Fontaine and Kiwani’s Club of Silicon Valley President Joanne Barr presented the fire safety poster contest awards. ORAL COMMUNICATIONS Mayor Griffith announced a special Closed Session meeting on October 20 regarding successor agency litigation and real property negotiations related to the Town Center. Councilmember Davis announced a Family Fun Day event at Columbia Neighborhood Center. Councilmember Larsson announced board and commission vacancies and an application deadline. City of Sunnyvale Page 1 City Council Meeting Minutes October 13, 2015 Ellen Huynh, SummerHill Housing Group, announced the upcoming Turkey Trot event. Stan Hendryx spoke regarding the Public Lands for Public Use Act and requested a public hearing be scheduled on the next Council meeting agenda. Hendryx provided a PowerPoint presentation. Kevin Chen, President, Sunnyvale Teen Advisory Committee (TAC), announced an upcoming pumpkin decoration and costume contest and an upcoming open mic night. Raymond Greer spoke in opposition to the massage ordinance and requested reconsideration of the ordinance. Michael Goldman announced an upcoming event regarding the Sunnyvale Public Lands for Public Use Act and provided a PowerPoint presentation. Maria Pan spoke regarding posting outreach meeting notices at the Library. David Wessel spoke regarding the massage ordinance and the California Massage Therapy Act and provided a PowerPoint presentation. Sima Srivistava, Sunnyvale Urban Forest Advocates (SUFA), proposed a study issue regarding the urban forest management plan and provided written materials. Stela Iacobs spoke in opposition to the massage ordinance. CONSENT CALENDAR Councilmember Meyering pulled Items 1.A, 1.B, 1.C and 1.D. Councilmember Davis pulled Item 1.E. MOTION: Vice Mayor Martin-Milius moved and Councilmember Hendricks seconded the motion to approve Consent Calendar Items 1.F and 1.G. The motion carried by the following vote: City of Sunnyvale Page 2 City Council Meeting Minutes October 13, 2015 Yes: 7 - Mayor Griffith Vice Mayor Martin-Milius Councilmember Whittum Councilmember Meyering Councilmember Davis Councilmember Hendricks Councilmember Larsson No: 0 1.A 15-0922 Approve City Council Meeting Minutes of September 29, 2015 Public Hearing opened at 11:40 p.m. No speakers. Public Hearing closed at 11:40 p.m. MOTION: Vice Mayor Martin-Milius moved and Councilmember Davis seconded the motion to approve the City Council Meeting Minutes of September 29, 2015 as submitted. 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.B 15-0871 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Public Hearing opened at 11:41 p.m. No speakers. Public Hearing closed at 11:41 p.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: City of Sunnyvale Page 3 City Council Meeting Minutes October 13, 2015 Yes: 6 - Mayor Griffith Vice Mayor Martin-Milius Councilmember Whittum Councilmember Davis Councilmember Hendricks Councilmember Larsson No: 1 - Councilmember Meyering 1.C 15-0858 Approve Budget Modification No. 7 to Appropriate FY 2015/16 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Grant Funds Totaling $11,432 for Law Enforcement Equipment Public Hearing opened at 11:43 p.m. No speakers. Public Hearing closed at 11:43 p.m. MOTION: Vice Mayor Martin-Milius moved and Councilmember Larsson seconded the motion to approve Budget Modification No. 7 to appropriate Department of Justice, Office of Justice Programs FY 15 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Grant funds in the amount of $11,432 to a new project, FY2015/16 JAG Grant. 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 1.D 15-0863 Award of Contract for Waste Reduction Behavior Change Strategies (F15-95) Public Hearing opened at 11:45 p.m. No speakers. Public Hearing closed at 11:45 p.m. MOTION: Vice Mayor Martin-Milius moved and Councilmember Larsson seconded the motion to 1) Award a contract in the amount of $199,945 to Action Research to City of Sunnyvale Page 4 City Council Meeting Minutes October 13, 2015 develop and implement a comprehensive behavior change program, in substantially the same form as the draft consultant services agreement attached to the report; and 2) approve a 5% contract contingency in the amount of $10,000. 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.E 15-0403 Adopt a Resolution to Endorse Destination:Home Community Plan to End Homelessness in Santa Clara County 2015-2020 Housing Officer Suzanne Ise responded to questions of Council. Public Hearing opened at 8:02 p.m. Anthony King requested deferral of consideration of the resolution for one year. Shaunn Cartwright spoke regarding the need for an end-user study to get more information about how well the services are helping the users. Colleen Haley, Destination:Home, spoke in support of the resolution and responded to questions of Council. Public Hearing closed at 8:35 p.m. MOTION: Councilmember Whittum moved and Councilmember Davis seconded the motion to refer this to the Housing and Human Services Commission with Council’s comments and discussion and with the public input and request a recommendation from them as to the resolution wording Council should consider. The motion failed by the following vote: Yes: 3 - Councilmember Whittum Councilmember Meyering Councilmember Hendricks City of Sunnyvale Page 5 City Council Meeting Minutes October 13, 2015 No: 4 - Mayor Griffith Vice Mayor Martin-Milius Councilmember Davis Councilmember Larsson MOTION: Vice Mayor Martin-Milius moved and Councilmember Larsson seconded the motion to adopt a resolution to endorse the Destination:Home Community Plan to End Homelessness in Santa Clara County 2015-2020. FRIENDLY AMENDMENT: Councilmember Davis offered a friendly amendment to strike the last “Whereas” statement and number two on page two. Vice Mayor Martin-Milius declined to accept the friendly amendment. FORMAL AMENDMENT: Councilmember Davis moved and Councilmember Meyering seconded a formal amendment to strike the last “Whereas” statement and item number two under “Therefore be it resolved...” FRIENDLY AMENDMENT: Councilmember Larsson offered a friendly amendment to the formal amendment to restore the last “Whereas” statement to state, “Whereas, the City desires to endorse the Community Plan.” Councilmember Davis accepted the friendly amendment to the formal amendment. The motion to amend carried by the following vote: Yes: 5 - Councilmember Whittum Councilmember Meyering Councilmember Davis Councilmember Hendricks Councilmember Larsson No: 2 - Mayor Griffith Vice Mayor Martin-Milius The main motion as amended 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 6 City Council Meeting Minutes October 13, 2015 1.F 15-0937 Adopt Ordinance No. 3063-15 Amending the List of Official Plan Line Maps in Section 19.06.050 (Maps-Adopted-Designation) of Title 19 (Zoning) of the Sunnyvale Municipal Code to Amend the Mathilda Avenue Plan Line Adopt Ordinance No. 3063-15. 1.G 15-0864 Adopt the City’s Investment Policy for Fiscal Year 2015/16 and Receive the Annual Performance Report for Fiscal Year 2014/15 Adopt the Investment Policy for FY 2015/16 as presented. PUBLIC HEARINGS/GENERAL BUSINESS 2 15-0185 FILE #: 2015-7636 Location: 838 Azure Street and 842 Sunnyvale-Saratoga Road (APN: 211-18-030) Proposed Project: General Plan Amendment Initiation request to study changing the General Plan from Low Density Residential to Low Medium Density Residential. Applicant/Owner: Xin Lu (owner) Environmental Review: Not required to initiate a General Plan study. The potential General Plan change and future projects will be subject to the provisions of the California Environmental Quality Act (CEQA). Community Development Director Hanson Hom provided the staff report. Public Hearing opened at 9:14 p.m. Michael Goldman spoke in opposition to changing the density designation to a higher density. Roger Griffin, Paragon Design Group, on behalf of Xin Lu (owner), provided information regarding the application for a General Plan change and responded to questions of Council. Public Hearing closed at 9:31 p.m. MOTION: Councilmember Hendricks moved and Vice Mayor Martin-Milius seconded the motion to approve Alternative 1: Initiate a General Plan Amendment City of Sunnyvale Page 7 City Council Meeting Minutes October 13, 2015 study to consider changing the site designation from Residential Low Density (RLO 0 7 dwelling units per acre) to Residential Low Medium Density (RLM 7-14 dwelling units per acre), and to consider possible RLM zoning designations of R-1.5, R-1.7 and R-2; and additionally, to expand the area to the north to try to make the zoning and general plan designations consistent. 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 3 15-0373 Discussion and Direction on Study Issue and Report Related to Car/Ride Share Impacts on Taxicab Franchises and Review of Taxicab Franchise Regulations (Study Issue DPS 15-0102) Department of Public Safety Management Analyst Elaine Ketell provided the staff report. Consultant Daniel Goncher, Harvey M. Rose Associates, LLC, presented an overview of the findings in the Study of Car/Ride Share Impacts on Taxicab Franchises and Review of Taxicab Franchise Regulations. Community Development Director Hanson Hom and Chief of Public Safety Frank Grgurina provided additional information. Public Hearing opened at 10:47 p.m. No speakers. Public Hearing closed at 10:47 p.m. MOTION: Councilmember Davis moved and Councilmember Whittum seconded the motion to approve Alternative 1: Direct staff to prepare an ordinance amending Sunnyvale Municipal Code, Section 5.36 Taxicabs, in consideration of Consultant study findings and policy options 1, 2, 3, 5, 8 and 9 as presented in this report; and add option 4 as a directive to the City Manager, the Director of Public Safety and/or the Mayor to open a regional dialogue on the idea of taxicab regulations on a Countywide basis. FRIENDLY AMENDMENT: Vice Mayor Martin-Milius offered a friendly amendment to change option 4 to specifically direct the Mayor to take it to the Cities Association, not the Director of Public Safety or the City Manager. Councilmember Davis accepted the friendly amendment. City of Sunnyvale Page 8 City Council Meeting Minutes October 13, 2015 FORMAL AMENDMENT: Councilmember Whittum moved to amend the motion and Councilmember Meyering seconded to remove the requirement for 24-hour service. The motion to amend failed by the following vote: Yes: 1 - Councilmember Whittum No: 6 - Mayor Griffith Vice Mayor Martin-Milius Councilmember Meyering Councilmember Davis Councilmember Hendricks Councilmember Larsson The main 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 Council recessed at 11 p.m. Council reconvened at 11:10 p.m. with all Councilmembers present. 4 15-0821 Adopt a Resolution to Approve the Annexation of the Butcher Property and Find the Project Categorically Exempt under the California Environmental Quality Act Community Development Director Hanson Hom provided the staff report. Public Hearing opened at 11:21 p.m. Zachary Kaufman recommended changing the zoning to R-2 and then annexing it. Andre Gueziec requested delaying the annexation this year to allow time to look at the best possible use and zoning. City of Sunnyvale Page 9 City Council Meeting Minutes October 13, 2015 Holly Lofgren recommended pre-zoning before annexing. Public Hearing closed at 11:28 p.m. MOTION: Councilmember Davis moved and Vice Mayor Martin-Milius seconded the motion to approve Alternatives 1 and 2: 1) Find that the project is categorically exempt from CEQA pursuant to guideline 15319(a); and 2) Adopt the resolution to approve the annexation of the Butcher property. The motion carried by the following vote: Yes: 5 - Mayor Griffith Vice Mayor Martin-Milius Councilmember Davis Councilmember Hendricks Councilmember Larsson No: 2 - Councilmember Whittum Councilmember Meyering MOTION: Councilmember Hendricks moved and Councilmember Larsson seconded the motion to continue with the remaining agenda items. 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 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Vice Mayor Martin-Milius reported her attendance at a LAFCO meeting. Councilmember Whittum reported his attendance at an El Camino Real BRT Policy Advisory Committee meeting and a meeting of the VTA Board. Councilmember Hendricks reported his attendance at an El Camino Real BRT Policy Advisory Committee meeting and a Department of Public Safety joint fire City of Sunnyvale Page 10 City Council Meeting Minutes October 13, 2015 training. Councilmember Meyering reported his attendance at the League of California Cities Annual Conference. NON-AGENDA ITEMS & COMMENTS -Council MOTION: Councilmember Whittum moved and Councilmember Meyering seconded the motion to put on an agenda discussion of deferring Council actions prospectively covered by the Sunnyvale Public Lands for Public Use Act. The motion failed by the following vote: Yes: 2 - Councilmember Whittum Councilmember Meyering No: 5 - Mayor Griffith Vice Mayor Martin-Milius Councilmember Davis Councilmember Hendricks Councilmember Larsson -Council Councilmember Whittum asked questions of staff regarding scheduling a study session regarding the Stevens Creek Trail project. MOTION: Councilmember Whittum moved and Councilmember Meyering seconded the motion to put on our agenda discussion of crossing guard program budget authority. The motion carried by the following vote: Yes: 4 - Vice Mayor Martin-Milius Councilmember Whittum Councilmember Meyering Councilmember Davis No: 3 - Mayor Griffith Councilmember Hendricks Councilmember Larsson -Council Councilmember Meyering requested to be one of the co-sponsors on the study City of Sunnyvale Page 11 City Council Meeting Minutes October 13, 2015 issue suggested eariler concerning the regulation of trees and tree canopies. Mayor Griffith reported an all-day Closed Session is being considered on December 10 to discuss the Town Center. Mayor Griffith reported his attendance at the International Economic Development Conference in Anchorage, Alaska in which the City of Sunnyvale received six awards. -City Manager None. INFORMATION ONLY REPORTS/ITEMS 15-0848 Tentative Council Meeting Agenda Calendar 15-0766 Information/Action Items 15-0813 Board/Commission Meeting Minutes ADJOURNMENT Mayor Griffith adjourned the meeting at 12:09 a.m. City of Sunnyvale Page 12