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City Council

Regular Meeting

Sunnyvale, CA · October 4, 2016

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City of Sunnyvale Meeting Minutes - Final City Council Tuesday, October 4, 2016 5:30 PM Council Chambers and West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting-Study Session-5:30 PM | Regular Meeting-7 PM 5:30 P.M. SPECIAL COUNCIL MEETING (Study Session) 1 Call to Order in the West Conference Room (Open to the Public) Mayor Hendricks called the meeting to order at 5:30 p.m. 2 Roll Call Present: 7 - Mayor Glenn Hendricks Vice Mayor Gustav Larsson Councilmember Jim Griffith Councilmember Tara Martin-Milius Councilmember Pat Meyering Councilmember Jim Davis Councilmember Larry Klein 3 Public Comment None. 4 Study Session 16-0192 Board and Commission Interviews The following individuals were interviewed for vacancies on boards and commissions: Gregory McNutt - Planning Commission Dustin Nguyen - Arts Commission Daniel Howard - Planning Commission Melanie Holthaus - Planning Commission, Housing and Human Services City of Sunnyvale Page 1 City Council Meeting Minutes - Final October 4, 2016 Commission, Heritage Preservation Commission 5 Adjourn Special Meeting Mayor Hendricks adjourned the meeting at 6:35 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Mayor Hendricks called the meeting to order in Council Chambers. SALUTE TO THE FLAG Mayor Hendricks led the salute to the flag. ROLL CALL Present: 7 - Mayor Glenn Hendricks Vice Mayor Gustav Larsson Councilmember Jim Griffith Councilmember Tara Martin-Milius Councilmember Pat Meyering Councilmember Jim Davis Councilmember Larry Klein SPECIAL ORDERS OF THE DAY 16-0471 SPECIAL ORDER OF THE DAY - October is National Arts and Humanities Month Mayor Hendricks presented a proclamation declaring October as National Arts and Humanities Month to Superintendent of Community Services Daniel Wax and Arts Commission Chair David Koppel. 16-0943 SPECIAL ORDER OF THE DAY - October 16 - 22 is Freedom from Workplace Bullying Week Mayor Hendricks presented a proclamation declaring October 16 – 22 as Freedom from Workplace Bullying Week to Human Resources Manager Tony Giles. PRESENTATION 16-0846 PRESENTATION - Update by County Office of Supportive Housing on Improvements to County Facility at 999 Hamlin Court for Cold Weather Shelter Program City of Sunnyvale Page 2 City Council Meeting Minutes - Final October 4, 2016 Bob Dolci, Housing and Homeless Concerns Coordinator, Santa Clara County Office of Housing & Homeless Support Services, provided a report and PowerPoint presentation regarding the Cold Weather Shelter Program and submitted written materials. Housing Officer Suzanne Ise provided additional information. ORAL COMMUNICATIONS Mayor Hendricks announced an upcoming Town Halll meeting regarding air traffic concerns. John Simontacchi, Sunnyvale Employees Association, provided a report and PowerPoint presentation and submitted written materials. Maria Pan addressed the Council. Michael Goldman spoke regarding letters in the recent issue of the Sunnyvale Sun. Zachary Kaufman addressed the Council regarding the Draft Environmental Impact Report for the Land Use and Transportation Element and displayed a slide. Era Goel, Secretary, Sunnyvale Teen Advisory Committee (TAC), provided information regarding upcoming events of the TAC. CONSENT CALENDAR Councilmember Meyering requested to pull Items 1.A, 1.B, 1.C, 1.D, 1.F, 1.H and 1.J and stated he would recuse himself from the vote on Item 1.L due to the proximity of his home to the location. MOTION: Vice Mayor Larsson moved and Councilmember Klein seconded the motion to approve Consent Calendar Items 1.E, 1.G, 1.I, 1.K and 1.L. The motion carried by the following vote: Yes: 7 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Martin-Milius Councilmember Meyering Councilmember Davis Councilmember Klein City of Sunnyvale Page 3 City Council Meeting Minutes - Final October 4, 2016 No: 0 Mayor Hendricks announced the remaining Consent Calendar Items would be handled following the Public Hearing/General Business items. 1.A 16-0646 Approve City Council Meeting Minutes of September 20, 2016 Public Hearing opened at 12:14 a.m. No speakers. Public Hearing closed at 12:14 a.m. MOTION: Councilmember Meyering moved to deny approval of the minutes until a summary of the positions expressed by dissenting voters is included. The motion died due to lack of a second. MOTION: Vice Mayor Larsson moved and Councilmember Davis seconded the motion to approve the City Council Meeting Minutes of September 20, 2016 as submitted. The motion carried by the following vote: Yes: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Martin-Milius Councilmember Davis Councilmember Klein No: 1 - Councilmember Meyering At 12:15 a.m., Councilmember Davis moved and Vice Mayor Larsson seconded the motion to take up Item 1.B. The motion carried by the following vote: City of Sunnyvale Page 4 City Council Meeting Minutes - Final October 4, 2016 Yes: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Martin-Milius Councilmember Davis Councilmember Klein No: 1 - Councilmember Meyering 1.B 16-0789 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Public Hearing opened at 12:15 a.m. No speakers. Public Hearing closed at 12:15 a.m. MOTION: Councilmember Meyering moved to deny payment of the claims until Councilmembers are provided bills upon request. The motion died due to lack of a second. MOTION: Vice Mayor Larsson 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 Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Martin-Milius Councilmember Davis Councilmember Klein No: 1 - Councilmember Meyering Following action on Item 1.B, Council resumed with Councilmember Reports on Activities from Intergovernmental Committee Assignments and a brief report from the City Manager. 1.C 16-0862 Award of Contract for the Mary Avenue Overcrossing Environmental Impact Report (F16-119) and Approval of Budget Modification No. 14 to Appropriate $686,125 in Traffic City of Sunnyvale Page 5 City Council Meeting Minutes - Final October 4, 2016 Impact Fee Funding for the Project Public Hearing opened at 9:52 p.m. No speakers. Public Hearing closed at 9:52 p.m. MOTION: Councilmember Davis moved and Councilmember Klein seconded the motion to approve 1) Award a contract, in substantially the same form as Attachment 1 to the report in an amount not to exceed $623,750 to Kimley Horn Associates, Inc.; 2) approve a 10% contract contingency in the amount of $62,375; and 3) Approve Budget Modification No. 14 to appropriate $686,125 in Traffic Impact Fee Revenue to provide project funding. AMENDMENT: Councilmember Meyering moved to amend the motion to delete any analysis about a four-lane Mary Avenue as far as automobile traffic goes. The motion to amend died due to lack of a second. The motion carried by the following vote: Yes: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Martin-Milius Councilmember Davis Councilmember Klein No: 1 - Councilmember Meyering Following action on Item 1.C, Council took up Item 1.F. 1.D 16-0831 Approve Budget Modification 10 to Appropriate $203,719 to Reimburse Foothill-De Anza Community College District for Demolition and Remediation Costs at the Onizuka City-Owned Parcels Public Hearing opened at 12:11 a.m. No speakers. Public Hearing closed at 12:11 a.m. MOTION: Vice Mayor Larsson moved and Councilmember Davis seconded the motion to approve Budget Modification 10 to Appropriate $203,719 to Reimburse City of Sunnyvale Page 6 City Council Meeting Minutes - Final October 4, 2016 Foothill De Anza Community College District for Demolition and Remediation Costs at the Onizuka City Property. The motion carried by the following vote: Yes: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Martin-Milius Councilmember Davis Councilmember Klein No: 1 - Councilmember Meyering At 12:13 a.m. following action on Item 1.D, Councilmember Davis moved and Vice Mayor Larsson seconded the motion to take up Consent Calendar Item 1.A. The motion carried by the following vote: Yes: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Martin-Milius Councilmember Davis Councilmember Klein No: 1 - Councilmember Meyering 1.E 16-0616 Approve City Position on Proposed League of California Cities’ 2016 Annual Conference Resolution Approve a support position for the proposed Resolution #1, Vision Zero and authorize the City's voting delegate/alternates to cast votes consistent with the City Council's adopted position. 1.F 16-0869 Modify an Existing Contract for Services Associated with Land Development Plan Review (F17-015) Public Hearing opened at 9:57 p.m. No speakers. Public Hearing closed at 9:57 p.m. City of Sunnyvale Page 7 City Council Meeting Minutes - Final October 4, 2016 MOTION: Vice Mayor Larsson moved and Councilmember Davis seconded the motion to approve Authorize the City Manager to execute an amendment to the existing contract with Wilsey Ham adding $25,000 and increasing the not to exceed amount from $99,000 to $124,000, in substantially the same form as Attachment 1 to the report. The motion carried by the following vote: Yes: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Martin-Milius Councilmember Davis Councilmember Klein No: 1 - Councilmember Meyering Following action on Item 1.F, Council took up Item 1.H. 1.G 16-0870 Endorse the Slate of Candidates for the League of California Cities Peninsula Division Executive Committee 2016-17 Election of Officers Endorse the slate of candidates for the Peninsula Division Executive committee for 2016-17: President: Alicia Aguirre, Council Member, Redwood City Vice President: Marilyn Librers, Council Member, Morgan Hill Treasurer: Larry Moody, Council Member, East Palo Alto Secretary: Charles Stone, Council Member, Belmont Board Director (Two Year Term): Liz Kniss, Council Member, Palo Alto San Mateo County: Shelly Masur, Council Member, Redwood City Santa Clara County: Cory Wolbach, Council Member, Palo Alto 1.H 16-0887 Adopt Resolutions Approving Amendments to the City’s Contribution for CalPERS Medical Insurance for Management, SEA/Confidential and SEIU Employees and Annuitants (Retirees) Public Hearing opened at 10:02 p.m. No speakers. Public Hearing closed at 10:02 p.m. City of Sunnyvale Page 8 City Council Meeting Minutes - Final October 4, 2016 MOTION: Vice Mayor Larsson moved and Councilmember Davis seconded the motion to adopt two resolutions: (1) fixing the employer's contribution under the Public Employee's Medical and Hospital Care Act ("PEMHCA") for 2017, and (2) amending Salary Resolution No. 190-05 to modify the City's contribution for medical insurance for Management, SEA/Confidential and SEIU employees and annuitants. The motion carried by the following vote: Yes: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Martin-Milius Councilmember Davis Councilmember Klein No: 1 - Councilmember Meyering Following action on Item 1.H, Council took up Item 1.J. 1.I 16-0933 Authorize the Issuance of a Purchase Order for a Three-year Subscription for Microsoft Office O365 (F17-034) 1) Authorize the issuance of a three year purchase order, in substantially the same form as Attachment 1 to the report in the amount of $683,100 to Softchoice Corporation; and 2) Authorize the City Manager to renew the purchase order for two (2) additional one year periods, not to exceed budgeted amounts. 1.J 16-0936 Adopt a Pledge of Revenues Resolution and a Resolution Approving an Installment Sale Agreement in Support of the State Revolving Fund Financing for the Sunnyvale Clean Water Program Public Hearing opened at 10:08 p.m. No speakers. Public Hearing closed at 10:08 p.m. MOTION: Vice Mayor Larsson moved and Councilmember Davis seconded the motion to adopt a Pledge of Revenues Resolution and a Resolution Approving an Installment Sale Agreement and authorizing the City Manager, or her designee, to execute the Agreement in support of the State revolving fund financing for the City of Sunnyvale Page 9 City Council Meeting Minutes - Final October 4, 2016 Sunnyvale Clean Water Program. The motion carried by the following vote: Yes: 7 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Martin-Milius Councilmember Meyering Councilmember Davis Councilmember Klein No: 0 Following action on Item 1.J, Council resumed with Public Hearing/General Business Item 3. 1.K 16-0853 Approve Budget Modification No. 13 to Appropriate $12,832 of Federal Fiscal Year (FFY) 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Grant Funds for Front Line Law Enforcement Equipment Approve Budget Modification No. 13 to appropriate FFY2016 Edward Byrne Memorial Justice Assistance Grant (JAG) funds in the amount of $12,832 to a new project, FFY2016 JAG Grant. 1.L 16-0948 Adopt Ordinance No. 3095-16 Adding Section 19.27.040 (Peery Park Specific Plan District) to Title 19 (Zoning) of the Sunnyvale Municipal Code, Rezoning Encinal Park from Industrial and Service (MS) to Public Facilities (PF), and Making Related Changes to Other Sunnyvale Municipal Code Provisions to Implement the Peery Park Specific Plan MOTION: VIce Mayor Larsson moved and Councilmember Klein seconded the motion to adopt Ordinance No. 3095-16. The motion carried by the following vote: City of Sunnyvale Page 10 City Council Meeting Minutes - Final October 4, 2016 Yes: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Martin-Milius Councilmember Davis Councilmember Klein No: 0 Recused: 1 - Councilmember Meyering PUBLIC HEARINGS/GENERAL BUSINESS 2 16-0910 Proposed Project: Introduction of Ordinance to REZONE 28 contiguous single family home lots from R-1 (Low Density Residential) to R-1/S (Low Density Residential/Single-Story) File #: 2016-7431 Location: 662-678 Vanderbilt Drive (Assessor Parcel Numbers 202-06-026 through 202-06-030), 1202-1204 Sesame Drive (202-08-003 through 202-08-006), 1218-1234 Sesame Court (202-08-001, 202-08-002 and 202-06-043 through 202-06-048) and 661-677 Winggate Drive (202-06-034 through 202-06-042) Zoning: R-1 Applicant / Owner: Baerbel Schumacher (plus multiple owners) Environmental Review: The Ordinance being considered is categorically exempt from review pursuant to CEQA Guidelines Section 15305 (minor alteration in land use) and Section 15061(b)(3) (the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment, the activity is not subject to CEQA). Director of Community Development Trudi Ryan provided the staff report. Mayor Hendricks stated he grew up in an Eichler, currently lives in an Eichler in a single-story overlay and grew up in one of the homes in the proposal but he has no financial interest and is able to vote on the item. Councilmember Martin-Milius and Vice Mayor Larsson disclosed that they have spoken with the applicant. City of Sunnyvale Page 11 City Council Meeting Minutes - Final October 4, 2016 Applicant Baerbel Schumacher provided information regarding the application on behalf of the property owners. Councilmember Klein disclosed he spoke with the applicant as a member of the Planning Commission. Public Hearing opened at 7:53 p.m. Suzanne Shea spoke in support of a single-story combining district (SSCD). Dr. Patrick Shea spoke in support of Items 2 and 3 on the agenda and expressed support of single-story combining districts. Michael Goldman spoke regarding the uniqueness of Eichler homes. Monique Lombardelli spoke in support of the single-family overlay and provided information regarding Eichler homes. Joe Ragey spoke in support of Items 2 and 3 on the agenda. Philippe Cailloux spoke in support of Items 2 and 3 on the agenda. Ralph Grundler spoke in support of the single-story overlay. Alik Eliashberg spoke in opposition to Items 2 and 3 on the agenda. Lena Goubery spoke in opposition to the applications for single-story combining districts. Mike Serrone spoke in support of Items 2 and 3 on the agenda. Gene Manheim provided information regarding single-story combining districts, spoke in opposition to the application, and requested a moratorium on applications. Julia Filippova spoke in opposition to the single-story combining district application and requested all pending applications be placed on hold until a study of the process is conducted. City of Sunnyvale Page 12 City Council Meeting Minutes - Final October 4, 2016 Sharon Akuka spoke in opposition to the single-story combining district application and requested a study issue to study the impacts. Nathan Gardner spoke in opposition to the single-story combining district application and recommended a study issue to study the impacts. Tara Maddala spoke in support of the single-story combining district application. Walter Huber spoke in support of the single-story combining district applications in Items 2 and 3 on the agenda. Gabriela Zuniga spoke in support of the architectural value of mid-century modern design and Eichler houses. Bill Callahan spoke in support of single-story combining districts. Mei-Ling Stefan spoke in support of the applications in Items 2 and 3 on the agenda. Paul Marshall spoke in support of single-story overlays. Susan O’Neil spoke in support of single-story overlays. Juergen Hoefler spoke in opposition to single-story overlays. Matt Crossoul spoke in support of the single-story combining district. Bertrand Chevalier spoke in support of the single-story combining district application. Eran Dor spoke in opposition to the single-story combining district in the Fairbrae neighborhood. Richard Levin spoke in support of the single-story overlay for the neighborhood. Michelle Sullivan spoke in support of the single-story combining district. Claudio Mandelli spoke in support of the single-story combining district. City of Sunnyvale Page 13 City Council Meeting Minutes - Final October 4, 2016 Public Hearing closed at 9:09 p.m. Applicant Baerbel Schumacher provided closing remarks. MOTION: Vice Mayor Larsson moved and Councilmember Klein seconded the motion to approve Alternatives 1 and 2: 1) Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305 and 15061(b)(3); and, 2) Find that the zoning amendment (rezoning) is deemed to be in the public interest 9as set forth in Attachment 6 to the report and Introduce an Ordinance to Rezone 28 contiguous single-family home lots from R 1 (Low Density Residential) to R 1/S (Low Density Residential/Single Story). City Clerk Kathleen Franco Simmons read the ordinance title. The motion carried by the following vote: Yes: 7 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Martin-Milius Councilmember Meyering Councilmember Davis Councilmember Klein No: 0 Council recessed at 9:36 p.m. Council reconvened at 9:48 p.m. with all Councilmembers present. Following the recess, Council took up time-sensitive Consent Calendar Items 1.C, 1.F, 1.H and 1.J. before resuming with Public Hearing/General Business Item 3. 3 16-0911 Proposed Project: Introduction of Ordinance to REZONE 37 contiguous single family home lots from R-1 (Low Density Residential) to R-1/S (Low Density Residential/Single-Story) File #: 2016-7523 Location: 576-598 West Remington Drive (APNs: 202-01-001 through 202-01-007), 575-595 Rockport Drive (APNs: 202-01-016 through 202-01-024), 585-595 Templeton Court (APNs: 202-01-025 through 202-01-028 and 202-08-035), 1104-1132 Spinosa Drive (APNs: 202-01-029 through City of Sunnyvale Page 14 City Council Meeting Minutes - Final October 4, 2016 202-01-033, and 202-08-032 through 202-08-034), 1126-1138 Strawberry Court (APNs: 202-08-036 through 202-08-040), 1143-1153 Tangerine Way (APNs: 202-08-041 through 202-08-043) Zoning: R-1 Applicant / Owner: Stephen Meier (plus multiple owners) Environmental Review: The Ordinance being considered is categorically exempt from review pursuant to CEQA Guidelines Section 15305 (minor alteration in land use) and Section 15061(b)(3) (the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment, the activity is not subject to CEQA). Director of Community Development Trudi Ryan provided the staff report. Mayor Hendricks re-stated he grew up in an Eichler and currently lives in an Eichler in a single-story overlay. Applicant Stephen Meier provided information regarding the application and a PowerPoint presentation. Public Hearing opened at 10:20 p.m. Robbie Schlosser spoke in support of the single-story overlay district for the Fairbrae neighborhood. Mary Schlosser spoke regarding the Planning Commission meeting at which the issue was discussed. Anne Spinosa spoke in support of the single-story combining district. David Preklas spoke in support of the single-story overlay. Eran Dor spoke in opposition to the single-story combining district for this neighborhood. Carrie Levin spoke in support of the single-story overlay. City of Sunnyvale Page 15 City Council Meeting Minutes - Final October 4, 2016 Alik Eliashberg spoke in opposition to the single-story overlay. Lena Goubery spoke in opposition to the single-story combining district. Richard Levin provided information regarding his remodel. Peter Anning spoke in support of the single-story combining district. Matt Cossoul stated the two applications are procedural but the neighborhood is one and it would not make sense to approve one and not the other. Bertrand Chevalier spoke in support of the single-story combining district. Michelle Sullivan spoke in support of the single-story combining district for this neighborhood. Claudio Mandelli spoke in support of the single-story combining district. Martyn Griffiths spoke regarding alternative designs and materials for Eichlers. Public Hearing closed at 10:56 p.m. Applicant Stephen Meier provided closing remarks. MOTION: Councilmember Griffith moved and Councilmember Davis seconded the motion to approve Alternatives 1 and 2: 1) Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15305 and 15061(b)(3) and, 2) that the zoning amendment (rezoning) is deemed to be in the public interest (as set forth in Attachment 6 to the report) and Introduce an Ordinance to Rezone 37 contiguous single family home lots from R-1 (Low Density Residential) to R-1/S (Low Density Residential/Single Story). City Clerk Kathleen Franco Simmons read the ordinance title. The motion carried by the following vote: City of Sunnyvale Page 16 City Council Meeting Minutes - Final October 4, 2016 Yes: 7 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Martin-Milius Councilmember Meyering Councilmember Davis Councilmember Klein No: 0 4 16-0615 Adopt Positions on State and Local Ballot Measures for the November 8, 2016 Election Senior Management Analyst Yvette Blackford provided the staff report. City Manager Deanna Santana, City Attorney John Nagel and Chief of Public Safety Frank Grgurina provided additional information. Public Hearing opened at 11:21 p.m. Michael Goldman spoke in opposition to taking positions on local measures. Peter Cirigliano spoke in opposition to and recommended taking a No position on Measure M. Steve Scandalis presented slides regarding terms used in Initiative Measure M and provided written materials. Public Hearing closed at 11:30 p.m. MOTION: Councilmember Griffith moved and Councilmember Martin-Milius seconded the motion to adopt the following positions on State Ballot Measures: * OPPOSE Proposition 53 Revenue Bonds. Statewide Voter Approval. * TAKE NO POSITION Proposition 63 Safety for All Act of 2016. * OPPOSE Proposition 64 Marijuana Legalization. * OPPOSE Proposition 65 Carryout Bags. Charges. * SUPPORT Proposition 67 Ban on Single Use Plastic Bags. FRIENDLY AMENDMENT: Vice Mayor Larsson offered a friendly amendment to take no position on Proposition 64. Councilmember Griffith pulled the proposed position on Proposition 64 and stated the modified motion is to: City of Sunnyvale Page 17 City Council Meeting Minutes - Final October 4, 2016 * OPPOSE Proposition 53 Revenue Bonds. Statewide Voter Approval. * TAKE NO POSITION Proposition 63 Safety for All Act of 2016. * OPPOSE Proposition 65 Carryout Bags. Charges. * SUPPORT Proposition 67 Ban on Single Use Plastic Bags. FRIENDLY AMENDMENT: Mayor Hendricks offered a friendly amendment to include that this is a recommendation from the City’s position and that voters should do their own due diligence and look up information on the pros and cons for each item on their own. Councilmember Griffith accepted the friendly amendment. The motion as amended carried by the following vote: Yes: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Martin-Milius Councilmember Davis Councilmember Klein No: 0 Abstain: 1 - Councilmember Meyering MOTION: Councilmember Griffith moved and Councilmember Klein seconded the motion to adopt the following positions on Local Ballot Measures: * SUPPORT Measure A, Santa Clara County Housing Bond. * SUPPORT Measure B, Valley Transportation Authority Tax. * SUPPORT Measure N, Utility Users Tax. Mayor Hendricks stated his vote will include an abstention on Measure A. The motion to SUPPORT Measure A, Santa Clara County Housing Bond carried by the following vote: Yes: 5 - Vice Mayor Larsson Councilmember Griffith Councilmember Martin-Milius Councilmember Davis Councilmember Klein No: 0 City of Sunnyvale Page 18 City Council Meeting Minutes - Final October 4, 2016 Abstain: 2 - Mayor Hendricks Councilmember Meyering The motion to SUPPORT Measure B, Valley Transportation Authority Tax and to SUPPORT Measure N, Utility Users Tax carried by the following vote: Yes: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Martin-Milius Councilmember Davis Councilmember Klein No: 0 Abstain: 1 - Councilmember Meyering MOTION: Councilmember Griffith moved and Councilmember Davis seconded the motion to take a position to: * OPPOSE Measure M Public Lands for Public Use Act The motion carried by the following vote: Yes: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Martin-Milius Councilmember Davis Councilmember Klein No: 1 - Councilmember Meyering MOTION: Councilmember Griffith moved and Councilmember Klein seconded the motion to take a position to: * SUPPORT Proposition 54 Legislature. Legislation and Proceedings The motion carried by the following vote: Yes: 5 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Martin-Milius Councilmember Klein No: 2 - Councilmember Meyering Councilmember Davis City of Sunnyvale Page 19 City Council Meeting Minutes - Final October 4, 2016 MOTION: Councilmember Griffith moved and Councilmember Martin-Milius seconded the motion to take a position to: * SUPPORT Proposition 59 Corporations. Political Spending. Federal Constitutional Protections The motion carried by the following vote: Yes: 3 - Vice Mayor Larsson Councilmember Griffith Councilmember Martin-Milius No: 1 - Mayor Hendricks Abstain: 3 - Councilmember Meyering Councilmember Davis Councilmember Klein MOTION: Councilmember Davis moved and Councilmember Griffith seconded the motion to take a position to: * OPPOSE Proposition 64 Marijuana Legalization. The motion carried by the following vote: Yes: 3 - Mayor Hendricks Councilmember Griffith Councilmember Davis No: 0 Abstain: 4 - Vice Mayor Larsson Councilmember Martin-Milius Councilmember Meyering Councilmember Klein MOTION: Councilmember Martin-Milius moved and Councilmember Klein seconded the motion to take a position to: * SUPPORT Proposition 62 Repeal the Death Penalty The motion carried by the following vote: Yes: 4 - Vice Mayor Larsson Councilmember Griffith Councilmember Martin-Milius Councilmember Klein City of Sunnyvale Page 20 City Council Meeting Minutes - Final October 4, 2016 No: 2 - Mayor Hendricks Councilmember Davis Abstain: 1 - Councilmember Meyering MOTION: Vice Mayor Larsson moved and Councilmember Griffith seconded the motion to take a position to: * SUPPORT Measure BB Sunnyvale School District Parcel Tax The motion carried by the following vote: Yes: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Martin-Milius Councilmember Davis Councilmember Klein No: 0 Abstain: 1 - Councilmember Meyering MOTION: Vice Mayor Larsson moved and Councilmember Griffith seconded the motion to approve Alternative 4: Affirm that, as required by State law, no public funds have been or will be used to campaign for or against any of these measures. MOTION TO TABLE: Councilmember Meyering moved to table the matter until the City Manager or City Attorney review the mailer and handout that has been distributed that depicts operating equipment of the City of Sunnyvale. The motion to table failed due to lack of a second. The motion carried by the following vote: Yes: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Martin-Milius Councilmember Davis Councilmember Klein No: 1 - Councilmember Meyering At 12:10 a.m. following conclusion of action on Item 4, due to the lateness of the City of Sunnyvale Page 21 City Council Meeting Minutes - Final October 4, 2016 hour, Council considered whether to take up remaining Consent Calendar items. MOTION: Councilmember Griffith moved and Councilmember Davis seconded the motion to take up Consent Calendar Item 1.D. The motion carried by the following vote: Yes: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Martin-Milius Councilmember Davis Councilmember Klein No: 1 - Councilmember Meyering COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS None. NON-AGENDA ITEMS & COMMENTS -Council None. -City Manager City Manager Santana provided a brief update regarding the previous request to bring back the discussion related to marijuana research and development. INFORMATION ONLY REPORTS/ITEMS 16-0826 Tentative Council Meeting Agenda Calendar 16-0834 Information/Action Items 16-0937 Study Session Summary of September 13, 2016 - El Camino Real Corridor Plan Presentation of Vision and Land Use Alternatives ADJOURNMENT Mayor Hendricks adjourned the meeting at 12:16 a.m. City of Sunnyvale Page 22

Agenda

City of Sunnyvale Notice and Agenda City Council Tuesday, October 4, 2016 5:30 PM Council Chambers and West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting-Study Session-5:30 PM | Regular Meeting-7 PM 5:30 P.M. SPECIAL COUNCIL MEETING (Study Session) 1 Call to Order in the West Conference Room (Open to the Public) 2 Roll Call 3 Public Comment 4 Study Session 16-0192 Board and Commission Interviews 5 Adjourn Special Meeting 7 P.M. COUNCIL MEETING Pursuant to Council Policy, City Council will not begin consideration of any agenda item after 11:30 p.m. without a vote. Any item on the agenda which must be continued due to the late hour shall be continued to a date certain. Information provided herein is subject to change from date of printing of the agenda to the date of the meeting. CALL TO ORDER Call to Order in the Council Chambers (Open to the Public) SALUTE TO THE FLAG ROLL CALL SPECIAL ORDERS OF THE DAY 16-0471 SPECIAL ORDER OF THE DAY - October is National Arts and Humanities Month City of Sunnyvale Page 1 Printed on 9/29/2016 City Council Notice and Agenda October 4, 2016 16-0943 SPECIAL ORDER OF THE DAY - October 16 - 22 is Freedom from Workplace Bullying Week PRESENTATION 16-0846 PRESENTATION - Update by County Office of Supportive Housing on Improvements to County Facility at 999 Hamlin Court for Cold Weather Shelter Program ORAL COMMUNICATIONS This category provides an opportunity for members of the public to address Council on items not listed on the agenda and is limited to 15 minutes (may be extended or continued after the public hearings/general business section of the agenda at the discretion of the Mayor) with a maximum of up to three minutes per speaker. Please note the Brown Act (Open Meeting Law) does not allow Councilmembers to take action on an item not listed on the agenda. If you wish to address the Council, please complete a speaker card and give it to the City Clerk. Individuals are limited to one appearance during this section. CONSENT CALENDAR All matters listed on the consent calendar are considered to be routine and will be acted upon by one motion. There will be no separate discussion of these items. If a member of the public would like a consent calendar item pulled and discussed separately, please submit a speaker card to the City Clerk prior to the start of the meeting or before approval of the consent calendar. 1.A 16-0646 Approve City Council Meeting Minutes of September 20, 2016 Recommendation: Approve the City Council Meeting Minutes of September 20, 2016 as submitted. 1.B 16-0789 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Recommendation: Approve the list(s) of claims and bills. 1.C 16-0862 Award of Contract for the Mary Avenue Overcrossing Environmental Impact Report (F16-119) and Approval of Budget Modification No. 14 to Appropriate $686,125 in Traffic Impact Fee Funding for the Project City of Sunnyvale Page 2 Printed on 9/29/2016 City Council Notice and Agenda October 4, 2016 Recommendation: 1) Award a contract, in substantially the same form as Attachment 1 to the report in an amount not-to-exceed $623,750 to Kimley-Horn Associates, Inc.; 2) approve a 10% contract contingency in the amount of $62,375; and 3) Approve Budget Modification No. 14 to appropriate $686,125 in Traffic Impact Fee Revenue to provide project funding. 1.D 16-0831 Approve Budget Modification 10 to Appropriate $203,719 to Reimburse Foothill-De Anza Community College District for Demolition and Remediation Costs at the Onizuka City-Owned Parcels Recommendation: Approve Budget Modification 10 to Appropriate $203,719 to Reimburse Foothill-De Anza Community College District for Demolition and Remediation Costs at the Onizuka City Property. 1.E 16-0616 Approve City Position on Proposed League of California Cities’ 2016 Annual Conference Resolution Recommendation: Approve a support position for the proposed Resolution #1, Vision Zero and authorize the City's voting delegate/alternates to cast votes consistent with the City Council's adopted position. 1.F 16-0869 Modify an Existing Contract for Services Associated with Land Development Plan Review (F17-015) Recommendation: Authorize the City Manager to execute an amendment to the existing contract with Wilsey Ham adding $25,000 and increasing the not-to-exceed amount from $99,000 to $124,000, in substantially the same form as Attachment 1 to the report. 1.G 16-0870 Endorse the Slate of Candidates for the League of California Cities Peninsula Division Executive Committee 2016-17 Election of Officers City of Sunnyvale Page 3 Printed on 9/29/2016 City Council Notice and Agenda October 4, 2016 Recommendation: Endorse the slate of candidates for the Peninsula Division Executive committee for 2016-17: President: Alicia Aguirre, Council Member, Redwood City Vice President: Marilyn Librers, Council Member, Morgan Hill Treasurer: Larry Moody, Council Member, East Palo Alto Secretary: Charles Stone, Council Member, Belmont Board Director (Two Year Term): Liz Kniss, Council Member, Palo Alto San Mateo County: Shelly Masur, Council Member, Redwood City Santa Clara County: Cory Wolbach, Council Member, Palo Alto 1.H 16-0887 Adopt Resolutions Approving Amendments to the City’s Contribution for CalPERS Medical Insurance for Management, SEA/Confidential and SEIU Employees and Annuitants (Retirees) Recommendation: Adopt two resolutions: (1) fixing the employer's contribution under the Public Employee's Medical and Hospital Care Act ("PEMHCA") for 2017, and (2) amending Salary Resolution No. 190-05 to modify the City's contribution for medical insurance for Management, SEA/Confidential and SEIU employees and annuitants. 1.I 16-0933 Authorize the Issuance of a Purchase Order for a Three-year Subscription for Microsoft Office O365 (F17-034) Recommendation: 1) Authorize the issuance of a three-year purchase order, in substantially the same form as Attachment 1 to the report in the amount of $683,100 to Softchoice Corporation; and 2) Authorize the City Manager to renew the purchase order for two (2) additional one-year periods, not-to-exceed budgeted amounts. 1.J 16-0936 Adopt a Pledge of Revenues Resolution and a Resolution Approving an Installment Sale Agreement in Support of the State Revolving Fund Financing for the Sunnyvale Clean Water Program Recommendation: Adopt a Pledge of Revenues Resolution and a Resolution Approving an Installment Sale Agreement and authorizing the City Manager, or her designee, to execute the Agreement in support of the State revolving fund financing for the Sunnyvale Clean Water Program. City of Sunnyvale Page 4 Printed on 9/29/2016 City Council Notice and Agenda October 4, 2016 1.K 16-0853 Approve Budget Modification No. 13 to Appropriate $12,832 of Federal Fiscal Year (FFY) 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Grant Funds for Front Line Law Enforcement Equipment Recommendation: Approve Budget Modification No. 13 to appropriate FFY2016 Edward Byrne Memorial Justice Assistance Grant (JAG) funds in the amount of $12,832 to a new project, FFY2016 JAG Grant. 1.L 16-0948 Adopt Ordinance No. 3095-16 Adding Section 19.27.040 (Peery Park Specific Plan District) to Title 19 (Zoning) of the Sunnyvale Municipal Code, Rezoning Encinal Park from Industrial and Service (MS) to Public Facilities (PF), and Making Related Changes to Other Sunnyvale Municipal Code Provisions to Implement the Peery Park Specific Plan Recommendation: Adopt Ordinance No. 3095-16. PUBLIC HEARINGS/GENERAL BUSINESS If you wish to speak to a public hearings/general business item, please fill out a speaker card and give it to the City Clerk. You will be recognized at the time the item is being considered by Council. Each speaker is limited to a maximum of three minutes. For land-use items, applicants are limited to a maximum of 10 minutes for opening comments and 5 minutes for closing comments. 2 16-0910 Proposed Project: Introduction of Ordinance to REZONE 28 contiguous single family home lots from R-1 (Low Density Residential) to R-1/S (Low Density Residential/Single-Story) File #: 2016-7431 Location: 662-678 Vanderbilt Drive (Assessor Parcel Numbers 202-06-026 through 202-06-030), 1202-1204 Sesame Drive (202-08-003 through 202-08-006), 1218-1234 Sesame Court (202-08-001, 202-08-002 and 202-06-043 through 202-06-048) and 661-677 Winggate Drive (202-06-034 through 202-06-042) Zoning: R-1 Applicant / Owner: Baerbel Schumacher (plus multiple owners) Environmental Review: The Ordinance being considered is categorically exempt from review pursuant to CEQA Guidelines Section 15305 (minor alteration in land use) and Section 15061(b)(3) (the general rule that CEQA only applies City of Sunnyvale Page 5 Printed on 9/29/2016 City Council Notice and Agenda October 4, 2016 to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment, the activity is not subject to CEQA). Recommendation: Alternatives 1 and 2: 1) Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305 and 15061(b)(3) ; and, 2) Find that the zoning amendment (rezoning) is deemed to be in the public interest 9as set forth in Attachment 6 to the report and Introduce an Ordinance to Rezone 28 contiguous single family home lots from R-1 (Low Density Residential) to R-1/S (Low Density Residential/Single-Story). 3 16-0911 Proposed Project: Introduction of Ordinance to REZONE 37 contiguous single family home lots from R-1 (Low Density Residential) to R-1/S (Low Density Residential/Single-Story) File #: 2016-7523 Location: 576-598 West Remington Drive (APNs: 202-01-001 through 202-01-007), 575-595 Rockport Drive (APNs: 202-01-016 through 202-01-024), 585-595 Templeton Court (APNs: 202-01-025 through 202-01-028 and 202-08-035), 1104-1132 Spinosa Drive (APNs: 202-01-029 through 202-01-033, and 202-08-032 through 202-08-034), 1126-1138 Strawberry Court (APNs: 202-08-036 through 202-08-040), 1143-1153 Tangerine Way (APNs: 202-08-041 through 202-08-043) Zoning: R-1 Applicant / Owner: Stephen Meier (plus multiple owners) Environmental Review: The Ordinance being considered is categorically exempt from review pursuant to CEQA Guidelines Section 15305 (minor alteration in land use) and Section 15061(b)(3) (the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment, the activity is not subject to CEQA). City of Sunnyvale Page 6 Printed on 9/29/2016 City Council Notice and Agenda October 4, 2016 Recommendation: Alternatives 1 and 2: 1) Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15305 and 15061(b)(3) and, 2) that the zoning amendment (rezoning) is deemed to be in the public interest (as set forth in Attachment 6 to the report) and Introduce an Ordinance to Rezone 37 contiguous single family home lots from R-1 (Low Density Residential) to R-1/S (Low Density Residential/Single-Story). 4 16-0615 Adopt Positions on State and Local Ballot Measures for the November 8, 2016 Election City of Sunnyvale Page 7 Printed on 9/29/2016 City Council Notice and Agenda October 4, 2016 Recommendation: Alternatives 1, 2, 3 and 4: 1. Adopt the following staff-recommended positions on the ballot measures deemed City business, including one item where staff recommends that Council remain neutral (take no position): State Ballot Measures * OPPOSE Proposition 53 Revenue Bonds. Statewide Voter Approval. * TAKE NO POSITION Proposition 63 Safety for All Act of 2016. * OPPOSE Proposition 64 Marijuana Legalization. * OPPOSE Proposition 65 Carryout Bags. Charges. * SUPPORT Proposition 67 Ban on Single-Use Plastic Bags. Local Ballot Measures * SUPPORT Measure A, Santa Clara County Housing Bond. * SUPPORT Measure B, Valley Transportation Authority Tax. * SUPPORT Measure N, Utility Users Tax. 2. Consider taking a position on a ballot measure deemed City business, where staff is not recommending a specific position: Local Ballot Measures * Measure M Public Lands for Public Use Act 3. Consider taking positions on remaining ballot measures which are deemed not City business: State Ballot Measures * Proposition 51 School Bonds. Funding For K-12 School and Community College Facilities * Proposition 52 Medi-Cal Hospital Fee Program * Proposition 54 Legislature. Legislation and Proceedings * Proposition 55 Tax Extension to Fund Education and Healthcare * Proposition 56 Cigarette Tax to Fund Healthcare, Tobacco Use Prevention, Research, and Law Enforcement * Proposition 57 Criminal Sentences. Parole. Juvenile Criminal Proceedings And Sentencing * Proposition 58 English Proficiency. Multilingual Education * Proposition 59 Corporations. Political Spending. Federal Constitutional Protections * Proposition 60 Adult Films. Condoms. Health Requirements * Proposition 61 State Prescription Drug Purchases. Pricing Standards * Proposition 62 Death Penalty City of Sunnyvale Page 8 Printed on 9/29/2016 City Council Notice and Agenda October 4, 2016 * Proposition 66 Death Penalty. Procedures Local Ballot Measures * Measure BB Sunnyvale School District Parcel Tax 4. Affirm that, as required by State law, no public funds have been or will be used to campaign for or against any of these measures. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS NON-AGENDA ITEMS & COMMENTS -Council -City Manager INFORMATION ONLY REPORTS/ITEMS 16-0826 Tentative Council Meeting Agenda Calendar 16-0834 Information/Action Items 16-0937 Study Session Summary of September 13, 2016 - El Camino Real Corridor Plan Presentation of Vision and Land Use Alternatives ADJOURNMENT NOTICE TO THE PUBLIC The agenda reports to council (RTCs) may be viewed on the City’s website at sunnyvale.ca.gov after 7 p.m. on Thursdays or at the Sunnyvale Public Library, 665 W. Olive Ave. as of Fridays prior to Tuesday City Council meetings. Any agenda related writings or documents distributed to members of the City of Sunnyvale City Council regarding any open session item on this agenda will be made available for public inspection in the Office of the City Clerk located at 603 All America Way, Sunnyvale, California during normal business hours and in the Council Chamber on the evening of the Council Meeting, pursuant to Government Code §54957.5. Please contact the Office of the City Clerk at (408) 730-7483 for specific questions regarding the agenda. PLEASE TAKE NOTICE that if you file a lawsuit challenging any final decision on any public hearing item listed in this agenda, the issues in the lawsuit may be limited to the issues which were raised at the public hearing or presented in writing City of Sunnyvale Page 9 Printed on 9/29/2016 City Council Notice and Agenda October 4, 2016 to the Office of the City Clerk at or before the public hearing. PLEASE TAKE FURTHER NOTICE that Code of Civil Procedure section 1094.6 imposes a 90-day deadline for the filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure 1094.5. Pursuant to the Americans with Disabilities Act, if you need special assistance in this meeting, please contact the Office of the City Clerk at (408) 730-7483. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.106 ADA Title II). Planning a presentation for a City Council meeting? To help you prepare and deliver your public comments, please review the "Making Public Comments During City Council or Planning Commission Meetings" document available at Presentations.inSunnyvale.com. Planning to provide materials to Council? If you wish to provide the City Council with copies of your presentation materials, please provide 12 copies of the materials to the City Clerk (located to the left of the Council dais). The City Clerk will distribute your items to the Council. Upcoming Meetings Visit CouncilMeetings.inSunnyvale.com for upcoming Council meeting information. Visit BoardsandCommissions.inSunnyvale.com for upcoming board and commission meeting information. For a complete schedule of KSUN-15 Council meeting broadcasts, visit KSUN.insunnyvale.com. City of Sunnyvale Page 10 Printed on 9/29/2016

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