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City Council

Regular Meeting

Sunnyvale, CA · April 11, 2017

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City of Sunnyvale Meeting Minutes - Final City Council Tuesday, April 11, 2017 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 Meeting of the City Council and Redevelopment Successor Agency- 6:45 PM | Regular Meeting- 7 PM 4:30 P.M. SPECIAL COUNCIL MEETING (Closed Session) Vice Mayor Larsson announced the items for Closed Session and invited any members of the public to provide public comments before convening to Closed Session. 1 Call to Order in the West Conference Room Vice Mayor Larsson called the meeting to order at 4:31 p.m. 2 Roll Call Present: 6 - Mayor Glenn Hendricks Vice Mayor Gustav Larsson Councilmember Jim Griffith Councilmember Larry Klein Councilmember Russ Melton Councilmember Michael S. Goldman Absent: 1 - Councilmember Nancy Smith Vice Mayor Larsson stated Councilmember Smith's absence is excused. 3 Public Comment Martin Schmidt, Sunnyvale Employees Association, provided comments and written materials. 4 Convene to Closed Session 17-0407 Closed Session held pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Deanna Santana, City City of Sunnyvale Page 1 City Council Meeting Minutes - Final April 11, 2017 Manager; Teri Silva, Director of Human Resources Employee organization: Sunnyvale Employee Association (SEA) 17-0231 Closed Session held pursuant to California Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION (Initiation of litigation pursuant to Government Code Sections 54956.9(c),(d)(4): One case) 5 Adjourn Special Meeting Vice Mayor Larsson adjourned the meeting at 6:13 p.m. 6:45 P.M. SPECIAL COUNCIL MEETING (Joint Meeting of the City Council and Redevelopment Successor Agency) 1 Call to Order in the Council Chambers (Open to the Public) Mayor / Board Chair Hendricks called the meeting to order. 2 Roll Call Present: 6 - Mayor / Board Chair Glenn Hendricks Vice Mayor / Board Vice Chair Gustav Larsson Councilmember / Board Member Jim Griffith Councilmember / Board Member Larry Klein Councilmember / Board Member Russ Melton Councilmember / Board Member Michael S. Goldman Absent: 1 - Councilmember / Board Member Nancy Smith Mayor / Board Chair Hendricks stated Councilmember / Board Member Nancy Smith's absence is excused. 3 Public Comment No speakers. 4 Consent Calendar MOTION: Vice Mayor / Board Vice Chair Larsson moved and Councilmember / Board Member Klein seconded the motion to approve the Consent Calendar. The motion carried by the following vote: City of Sunnyvale Page 2 City Council Meeting Minutes - Final April 11, 2017 Yes: 6 - Mayor / Board Chair Hendricks Vice Mayor / Board Vice Chair Larsson Councilmember / Board Member Griffith Councilmember / Board Member Klein Councilmember / Board Member Melton Councilmember / Board Member Goldman No: 0 Absent: 1 - Councilmember / Board Member Smith A 17-0382 Approve Joint City Council and Redevelopment Successor Agency Meeting Minutes of October 25, 2016 Redevelopment Successor Agency: Approve Joint City Council and Redevelopment Successor Agency Meeting Minutes of October 25, 2016 as submitted. Yes: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Klein Councilmember Melton Councilmember Goldman No: 0 Absent: 1 - Councilmember Smith B 17-0366 Approve the Third Amendment to Outside Counsel Agreement with Goldfarb Lipman for Litigation Services Pertaining to the Three Lawsuits Related to the Dissolution of the Redevelopment Agency City Council: Authorize the City Attorney to execute a Third Amendment, in substantially the same form as Attachment 1 to the report, to the Outside Counsel Agreement with the law firm of Goldfarb Lipman to increase the not-to-exceed amount by $20,000, for a new not-to-exceed contract amount of $220,000. Redevelopment Successor Agency: Authorize the Agency Counsel to execute a Third Amendment, in substantially the same form as Attachment 1 to the report, to the Outside Counsel Agreement with the law firm of Goldfarb Lipman to increase the not-to-exceed amount by $20,000, for a new not-to-exceed contract amount of $220,000. City of Sunnyvale Page 3 City Council Meeting Minutes - Final April 11, 2017 5 Adjourn Special Meeting Mayor / Board Chair Hendricks adjourned the meeting at 6:48 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Mayor Hendricks called the meeting to order. SALUTE TO THE FLAG Mayor Hendricks led the salute to the flag. ROLL CALL Present: 6 - Mayor Glenn Hendricks Vice Mayor Gustav Larsson Councilmember Jim Griffith Councilmember Larry Klein Councilmember Russ Melton Councilmember Michael S. Goldman Absent: 1 - Councilmember Nancy Smith Mayor Hendricks stated Councilmember Smith's absence is excused. CLOSED SESSION REPORT Vice Mayor Larsson reported the Council met in Closed Session on April 4 pursuant to California Government Code Section 54957.6: Conference with Labor Negotiators; Agency designated representatives: Deanna J. Santana, City Manager; Teri Silva, Director of Human Resources; Employee organization: Sunnyvale Employee Association (SEA); nothing to report. Vice Mayor Larsson reported the Council met in Closed Session today pursuant to California Government Code Section 54957.6: Conference with Labor Negotiators; Agency designated representatives: Deanna J. Santana, City Manager; Teri Silva, Director of Human Resources; Employee organization: Sunnyvale Employee Association (SEA); nothing to report. Vice Mayor Larsson reported the Council met in Closed Session today pursuant to California Government Code Section 54956.9: Conference with Legal Counsel - Anticipated Litigation (Initiation of litigation pursuant to Government Code Sections City of Sunnyvale Page 4 City Council Meeting Minutes - Final April 11, 2017 54956.9(c),(d)(4): One case); nothing to report. SPECIAL ORDER OF THE DAY 17-0195 SPECIAL ORDER OF THE DAY - National Library Week Mayor Hendricks presented a proclamation in recognition of National Library Week to Director of Library and Community Services Cynthia Bojorquez. 17-0374 SPECIAL ORDER OF THE DAY - Fair Housing Month Mayor Hendricks presented a proclamation in recognition of Fair Housing Month to Diana Castillo, Senior Attorney, Law Foundation of Silicon Valley. 17-0400 SPECIAL ORDER OF THE DAY - Earth Day Mayor Hendricks provided comments and proclaimed April 2017 as Earth Month in the City of Sunnyvale. ORAL COMMUNICATIONS Councilmember Griffith announced board and commission recruitment and an upcoming application deadline. CONSENT CALENDAR Councilmember Griffith requested to pull Item 1.J. MOTION: Vice Mayor Larsson moved and Councilmember Klein seconded the motion to approve Consent Calendar Items 1.A, 1.B, 1.C, 1.D, 1.E, 1.F, 1.G, 1.H, 1.I, 1.K and 1.L. The motion carried by the following vote: Yes: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Klein Councilmember Melton Councilmember Goldman No: 0 Absent: 1 - Councilmember Smith 1.A 17-0331 Approve City Council Meeting Minutes of March 28, 2017 Approve the City Council Meeting Minutes of March 28, 2017 as submitted. City of Sunnyvale Page 5 City Council Meeting Minutes - Final April 11, 2017 1.B 17-0004 Approve City Council Special Meeting Minutes of April 4, 2017 Approve the City Council Special Meeting Minutes of April 4, 2017 as submitted. 1.C 17-0173 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Approve the list(s) of claims and bills. 1.D 17-0275 Award of Contract for Vision Zero Plan (F17-024), Finding a California Environmental Quality Act (CEQA) categorical exemption and Approval of Budget Modification No. 38 in the amount of $33,476 1) Award a contract in substantially the same form as Attachment 1 to the report and in the amount of $166,796 to Fehr & Peers and authorize the City Manager to execute the contract when all necessary conditions have been met, 2) make a finding of a categorical exemption for information collection under CEQA Guidelines section 15306 for data collection and research as part of a study, and 3) approve a contract contingency in the amount of $16,680, 4) and approve a Budget Modification No. 38 in the amount of $33,476 to provide additional project funding. 1.E 17-0026 Award of Bid No. PW17-11 for Concrete, Sidewalk, Curbs, Gutters and Driveway Approaches 2017 and Kifer Road Sidewalk Improvements, Finding of California Environmental Quality Act (CEQA) Categorical Exemption, and Approval of Budget Modification No. 37 in the Amount of $1,210,455 1) Make a finding of a California Environmental Quality Act (CEQA) categorical exemption pursuant to CEQA Guidelines Section 15301 for maintenance or repair of existing facilities involving negligible or no expansion of use beyond which presently exists; 2) Award a contract in substantially the same form as Attachment 2 to the report and in the amount of $1,178,455 to JJR Construction, Inc. and authorize the City Manager to execute the contract when all necessary conditions have been met; 3) Approve a 10% construction contingency in the amount of $117,846, and 4) Approve Budget Modification No. 37 in the amount of $1,210,455 to advance project funding from FY 2017/18. 1.F 17-0305 Reject Bid Received for Uninterrupted Power Supply (UPS) and Emergency Backup Battery Systems at Two Locations (F17-078) Reject the bid in the amount of $147,975 received from J.W. Construction in response to IFB F17-078. City of Sunnyvale Page 6 City Council Meeting Minutes - Final April 11, 2017 1.G 17-0226 Amend an Existing Agreement for Traffic Signal Maintenance Services and Approve Budget Modification No. 34 in the Amount of $204,906 (F17-089) Authorize the City Manager to execute an amendment to the existing contract with Aegis ITS adding $204,906 and increasing the not to exceed value from $1,382,978 to $1,587,884 in substantially the same form as Attachment 1 to the report; and 2) approve Budget Modification No. 34 in the amount of $204,906. 1.H 17-0245 Adopt a New Council Policy on Debt Management, Amend Council Policy 7.1.1 and Find that the Action is Exempt from CEQA Adopt a New Council Policy 7.1.8, entitled Debt Management Policy, Amend Council Policy 7.1.1, entitled Fiscal and Long Range Goals and Financial Policies, by removing Section 7.1F and Find that the Action is Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 (b) (4). 1.I 17-0268 Authorize the Issuance of a Purchase Order for an Articulating Telescopic Aerial Bucket Truck (F17-093) Authorize the issuance of a Purchase Order for Articulating Telescopic Aerial Bucket Truck, in the amount of $175,791,including all taxes and fees, to Altec Industries, Inc. 1.J 17-0357 Approve the 2017 Sustainability Speaker Series Councilmember Griffith provided brief comments. Public Hearing opened at 7:22 p.m. No speakers. Public Hearing closed at 7:22 p.m. MOTION: Vice Mayor Larsson moved and Councilmember Klein seconded the motion to approve the 2017 sustainability speaker series topics as proposed by the Sustainability Commission. The motion carried by the following vote: City of Sunnyvale Page 7 City Council Meeting Minutes - Final April 11, 2017 Yes: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Klein Councilmember Melton Councilmember Goldman No: 0 Absent: 1 - Councilmember Smith 1.K 17-0310 Approve the Third Amendment to Outside Counsel Agreement with Renne Sloan Holtzman Sakai, LLP for Labor Negotiation Services Authorize the City Attorney to execute a Third Amendment, in substantially the same form as Attachment 1 to the report, to the Outside Counsel Agreement with the law firm of Renne Sloan Holtzman Sakai, LLP, to increase the not to exceed amount by $100,000, for a new not to exceed contract amount of $250,000. 1.L 17-0393 Adopt Ordinance No. 3111-17 to Amend Sections 19.12.130 (“L”) of Chapter 19.12 (Definitions), 19.38.040 (Individual Lockable Storage Space for Multiple-Family Residential) of Chapter 19.38 (Required Facilities), and Section 19.90.030 (Procedures) of Chapter 19.90 (Special Development Permits) of Title 19 (Zoning) of the Sunnyvale Municipal Code Adopt Ordinance No. 3111-17. PUBLIC HEARINGS/GENERAL BUSINESS Mayor Hendricks stated there is a request to continue Items 3 and 5 to a date certain, Tuesday, April 18, 2017. City Manager Deanna Santana and City Attorney John Nagel provided additional information. MOTION: Councilmember Goldman moved to continue Item 4 (LUTE) to Tuesday, April 18, 2017. The motion died due to lack of a second. MOTION: Vice Mayor Larsson moved and Councilmember Melton seconded the motion to continue Items 3 and 5 to a date certain, April 18, 2017. Public comment opened at 7:27 p.m. John Cordes, Bicycle and Pedestrian Advisory Commission member speaking for City of Sunnyvale Page 8 City Council Meeting Minutes - Final April 11, 2017 himself, addressed the Council regarding Item 3. Public comment closed at 7:29 p.m. The motion carried by the following vote: Yes: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Klein Councilmember Melton Councilmember Goldman No: 0 Absent: 1 - Councilmember Smith 2 17-0435 City Council Consideration of Authorized Signatories on Behalf of the City Council to a Letter in Response to the Recent Communication by Sunnyvale Employees Association (SEA) Presented to City Council on March 28, 2017 City Manager Santana provided a brief report. Mayor Hendricks provided additional information. Public Hearing opened at 7:34 p.m. Walter Buczeke, Fleet Coordinator, requested reconsideration of exempt status for his position. Public Hearing closed at 7:35 p.m. MOTION: Vice Mayor Larsson moved and Councilmember Griffith seconded the motion to approve Alternative 1: Authorize individual Councilmembers to sign a letter on behalf of the City Council responding to the Sunnyvale Employees Association Handout presented to City Council on March 28, 2017. The motion carried by the following vote Yes: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Klein Councilmember Melton Councilmember Goldman City of Sunnyvale Page 9 City Council Meeting Minutes - Final April 11, 2017 No: 0 Absent: 1 - Councilmember Smith 3 17-0336 Proposed Project: Related General Plan Amendment and Rezoning applications: GENERAL PLAN AMENDMENT: Proposed land use designation change from Industrial to: Residential Low-Medium Density (7-14 du/ac), Medium Density (14-27 du/ac), or High Density (27-45 du/ac); or Commercial Neighborhood Shopping for 210 W. Ahwanee Avenue, a 0.41-acre site; 214 W. Ahwanee Avenue, a 0.31-acre site; and 220 W. Ahwanee Avenue, a 1.18-acre site. REZONE: Introduction of an Ordinance to rezone 210 W. Ahwanee Avenue, a 0.41-acre site; 214 W. Ahwanee Avenue, a 0.31-acre site; and 220 W. Ahwanee Avenue, a 1.18-acre site from Industrial and Service with a Planned Development combining district (M-S/PD) to Low-Medium (R-2/PD), Medium (R-3/PD), or High (R-4/PD) Density Residential with a Planned Development combining district; or Industrial and Service with a Planned Development combining district (M-S/PD) to Neighborhood Business with a Planned Development combining district (C-1/PD). File #: 2016-7082 Location: 210, 214, and 220 W. Ahwanee Avenue (APNs: 204-03-003, 204-03-002, and 204-03-043). Current Zoning: M-S/PD Applicant / Owner: M Designs Architects/Tapti LLC - Kishore Polakala (210 W. Ahwanee Avenue), City of Sunnyvale/Multiple property owners (214 and 220 W. Ahwanee Avenue) Environmental Review: Mitigated Negative Declaration Pursuant to the earlier action, this item was continued to a date certain, April 18, 2017. 4 17-0379 Adopt a Resolution regarding the LAND USE AND TRANSPORTATION ELEMENT of the General Plan (2016-7708) to: · Certify the EIR; · Make the Findings Required by the California Environmental Quality Act; · Adopt the Statement of Overriding Considerations and City of Sunnyvale Page 10 City Council Meeting Minutes - Final April 11, 2017 Mitigation Monitoring and Reporting Program; · Adopt the Water Supply Assessment; · Repeal the Southern Pacific Corridor Specific Plan Sites 1, 6, 7, 8 and 9; and · Amend the General Plan to Adopt the Land Use and Transportation Element. This item was considered following Item 2. Director of Community Development Trudi Ryan provided the staff report. Director of Public Works Manuel Pineda, City Attorney Nagel and City Manager Santana provided additional information. Council recessed at 9:39 p.m. Council reconvened at 9:46 p.m. with Councilmember Smith absent. Public Hearing opened at 9:46 p.m. Tara Martin-Milius expressed support for the LUTE and requested prioritizing policies and projects through the lens of the environment, age-friendly design, mobility, multi-modal transport, mixed use village centers, housing affordability and design that reduces greenhouse gases. Jayanthi Natarajay spoke in opposition to mixed use and additional housing citing impacts to privacy, traffic and school overcrowding. Natarajay stated housing is available, but not affordable. Meredith Rupp spoke regarding the need for affordable housing and spoke in support of the village centers. John Cordes, Bicycle and Pedestrian Advisory Commission member speaking for himself, expressed disappointment in the LUTE related to environmental planning. Cordes expressed concern regarding balanced growth, lack of housing, and difficulty in meeting greenhouse gas targets. Don Veith spoke regarding economic growth, the jobs/housing ratio and the number of jobs to be added by 2035. Veith spoke in support of more housing in relation to jobs and in support of the Planning Commission recommendation for intermediate growth points. Sue Serrone spoke regarding the jobs/housing ratio and deficiencies in affordable housing, and in support of the outreach process for the village center planning. City of Sunnyvale Page 11 City Council Meeting Minutes - Final April 11, 2017 Mike Serrone spoke in support of the platform document from the Sunnyvale Sustainable and Affordable Living Coalition and spoke regarding mixed use, village centers and future development projects and process. Eric Acedo, South Bay Greenbelt Alliance, spoke regarding traffic, in support of smart growth transit, and urged accepting the changes mentioned by Councilmember Melton. Zachary Kaufman spoke regarding traffic and parking congestion, mixed use and safety of neighborhoods. Holly Lofgren stated the LUTE will make livability and drivability more difficult, spoke in opposition to more and taller office space, stated specific elements of the LUTE are too broad and requested more contingency language. Lofgren stated development will make it more difficult for low and moderate income seniors to stay in Sunnyvale. Dave Jones, Bicycle and Pedestrian Advisory Commission member, stated there is no mention of the 2006 Bicycle Plan in the LUTE and spoke regarding the jobs/housing ratio and affordable housing. Per Bjornsson stated village centers are an opportunity to improve transit in other areas. Bjornsson stated the LUTE is mostly reasonable, but housing and transportation needs to be planned carefully. Hongxia Chen stated the plan will make the area of Mary and Fremont denser and decrease property values, and spoke regarding privacy impacts of two-story homes and school overcrowding. Public Hearing closed at 10:24 p.m. MOTION: Vice Mayor Larsson moved and Councilmember Klein seconded the motion to approve Alternatives 1, 4 and 6: 1) Adopt a Resolution (Attachment 2 to the report) to: Certify the EIR; Make the Findings Required by the California Environmental Quality Act; Adopt the Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program; Adopt the Water Supply Assessment; 4) Alternative 3 with modifications to the Horizon 2035 Land Use and Transportation Element, within the scope evaluated in the EIR, to delete Action 3 of Policy 57: Alternative 3) Adopt a Resolution to Amend the General Plan to Adopt City of Sunnyvale Page 12 City Council Meeting Minutes - Final April 11, 2017 the Land Use and Transportation Element (including repealing the remaining Southern Pacific Corridor Specific Plan Sites as depicted in Attachment 8) as shown in Attachment 4 and Attachment 20 (revised land use map) to this staff report (Planning Commission recommendation) and the modifications to Policy 53 Action 5, Policy 55 Action 2 and Policy 101 Action 6 described in the report to Council. 6) Direct staff to reformat the LUTE for inclusion into the Consolidated General Plan, including any approved modifications and to update the Balanced Growth profile. FRIENDLY AMENDMENT: Councilmember Griffith offered a friendly amendment to strike the final sentence of Goal F, on page 42, "While respecting existing neighborhood character, the policies also introduce the ability to consider interspersing, where appropriate, a variety of housing types and choices in existing neighborhoods to accommodate the needs of a diverse and changing community." Vice Mayor Larsson accepted the friendly amendment. FRIENDLY AMENDMENT: Councilmember Griffith offered a friendly amendment to include in the village concepts the southwest corner of Fremont and Sunnyvale-Saratoga. Following discussion, Community Development Director Ryan suggested the addition of an action statement to allow consideration of mixed use village at that location, and the appropriate environmental review could be done at the time. Vice Mayor Larsson and Councilmember Klein accepted the friendly amendment. The motion carried by the following vote: Yes: 5 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Klein Councilmember Melton No: 1 - Councilmember Goldman Absent: 1 - Councilmember Smith MOTION: Councilmember Griffith moved and Councilmember Klein seconded the motion to direct staff to provide at their convenience an information only item on mechanisms to make some shifts in the jobs/housing impact of the LUTE. The motion carried by the following vote: City of Sunnyvale Page 13 City Council Meeting Minutes - Final April 11, 2017 Yes: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Klein Councilmember Melton Councilmember Goldman No: 0 Absent: 1 - Councilmember Smith 5 17-0337 Proposed Project: PEERY PARK PLAN REVIEW PERMIT to allow a 150,651 square foot four-story office/R&D building and a detached six-level with partial underground parking structure, resulting in 100% FAR, in the Peery Park Specific Plan area. The project includes a 2,500 square foot retail space on the ground floor. File #: 2015-8110 Location: 675 Almanor Ave. (APNs: 165-44-006 165-44-012) Applicant / Owner: Chang Architecture/Almanor Ventures LLC Environmental Review: The project is exempt from additional CEQA review per CEQA Guidelines section 15168(c)(2) and (4) and Public Resources Code Section 21094(c). The project is within the scope of the Peery Park Specific Plan Program EIR as no new environmental impacts are anticipated and no new mitigation measures are required. Pursuant to the earlier action, this item was continued to a date certain, April 18, 2017. 6 16-0571 Introduce an Ordinance to Amend Sections of Sunnyvale Municipal Code Title 10 for Revision in Traffic Control Authority and Rescind Resolution No. 203-95 and Related Amendments Designating Speed Limits for Certain Streets and Multi-Way Stops, and Adopt New Speed Limits Resolution This item was considered following Item 4. Director of Public Works Pineda provided the staff report. Public Hearing opened at 11:17 p.m. No speakers. Public Hearing closed at 11:17 p.m. City of Sunnyvale Page 14 City Council Meeting Minutes - Final April 11, 2017 MOTION: Vice Mayor Larsson moved and Councilmember Griffith seconded the motion to approve Alternatives 1, 3 and 4: 1) Rescind Resolution No. 203 95 and related amendments and adopt a new resolution re-establishing speed limits in the City; 3) Introduce an ordinance to amend Sunnyvale Municipal Code Title 10 to delegate authority to the City Transportation and Traffic Manager to make decisions to install multi way stops (3 Way or 4 Way Stops) with the City Council hearing appeals of Transportation and Traffic Manager's decisions; and, 4) Amend Sunnyvale Municipal Code Title 10 to remove Section 10.08.190 (b) and Section 10.32.030. City Clerk Kathleen Franco Simmons read the ordinance title. The motion carried by the following vote: Yes: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Klein Councilmember Melton Councilmember Goldman No: 0 Absent: 1 - Councilmember Smith COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Mayor Hendricks reported an upcoming vote of the Valley Transportation Authority Board on the Next Network and invited Councilmembers to share with him any questions or comments they may have. NON-AGENDA ITEMS & COMMENTS -Council None. -City Manager None. INFORMATION ONLY REPORTS/ITEMS 17-0355 Tentative Council Meeting Agenda Calendar City of Sunnyvale Page 15 City Council Meeting Minutes - Final April 11, 2017 17-0291 Information/Action Items 17-0134 Board/Commission Resignation (Information Only) 17-0341 New Public Park at 936 East Duane Avenue (Information Only) 17-0224 Study Session Summary of March 7, 2017 - Water Pollution Control Plant Update 17-0401 Study Session Summary of March 28, 2017 - Presentation and Update by Caltrain Staff on the Caltrain Modernization Program 17-0356 Board/Commission Meeting Minutes ADJOURNMENT Mayor Hendricks adjourned the meeting at 11:19 p.m. City of Sunnyvale Page 16

Agenda

City of Sunnyvale Notice and Agenda - Revised City Council Tuesday, April 11, 2017 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 Meeting of the City Council and Redevelopment Successor Agency- 6:45 PM | Regular Meeting- 7 PM 4:30 P.M. SPECIAL COUNCIL MEETING (Closed Session) 1 Call to Order in the West Conference Room 2 Roll Call 3 Public Comment The public may provide comments regarding the Closed Session item(s) just prior to the Council beginning the Closed Session. Closed Sessions are not open to the public. 4 Convene to Closed Session 17-0407 Closed Session held pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Deanna Santana, City Manager; Teri Silva, Director of Human Resources Employee organization: Sunnyvale Employee Association (SEA) 17-0231 Closed Session held pursuant to California Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION (Initiation of litigation pursuant to Government Code Sections 54956.9(c),(d)(4): One case) 5 Adjourn Special Meeting 6:45 P.M. SPECIAL COUNCIL MEETING (Joint Meeting of the City Council and Redevelopment Successor Agency) City of Sunnyvale Page 1 Printed on 4/10/2017 City Council Notice and Agenda - Revised April 11, 2017 1 Call to Order in the Council Chambers (Open to the Public) 2 Roll Call 3 Public Comment 4 Consent Calendar A 17-0382 Approve Joint City Council and Redevelopment Successor Agency Meeting Minutes of October 25, 2016 Recommendation: Redevelopment Successor Agency: Approve Joint City Council and Redevelopment Successor Agency Meeting Minutes of October 25, 2016 as submitted. B 17-0366 Approve the Third Amendment to Outside Counsel Agreement with Goldfarb Lipman for Litigation Services Pertaining to the Three Lawsuits Related to the Dissolution of the Redevelopment Agency Recommendation: City Council: Authorize the City Attorney to execute a Third Amendment, in substantially the same form as Attachment 1 to the report, to the Outside Counsel Agreement with the law firm of Goldfarb Lipman to increase the not-to-exceed amount by $20,000, for a new not-to-exceed contract amount of $220,000. Redevelopment Successor Agency: Authorize the Agency Counsel to execute a Third Amendment, in substantially the same form as Attachment 1 to the report, to the Outside Counsel Agreement with the law firm of Goldfarb Lipman to increase the not-to-exceed amount by $20,000, for a new not-to-exceed contract amount of $220,000. 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. City of Sunnyvale Page 2 Printed on 4/10/2017 City Council Notice and Agenda - Revised April 11, 2017 CALL TO ORDER Call to Order in the Council Chambers (Open to the Public) SALUTE TO THE FLAG ROLL CALL CLOSED SESSION REPORT SPECIAL ORDER OF THE DAY 17-0195 SPECIAL ORDER OF THE DAY - National Library Week 17-0374 SPECIAL ORDER OF THE DAY - Fair Housing Month 17-0400 SPECIAL ORDER OF THE DAY - Earth Day 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 17-0331 Approve City Council Meeting Minutes of March 28, 2017 Recommendation: Approve the City Council Meeting Minutes of March 28, 2017 as submitted. 1.B 17-0004 Approve City Council Special Meeting Minutes of April 4, 2017 Recommendation: Approve the City Council Special Meeting Minutes of April 4, 2017 as submitted. City of Sunnyvale Page 3 Printed on 4/10/2017 City Council Notice and Agenda - Revised April 11, 2017 1.C 17-0173 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.D 17-0275 Award of Contract for Vision Zero Plan (F17-024), Finding a California Environmental Quality Act (CEQA) categorical exemption and Approval of Budget Modification No. 38 in the amount of $33,476 Recommendation: 1) Award a contract in substantially the same form as Attachment 1 to the report and in the amount of $166,796 to Fehr & Peers and authorize the City Manager to execute the contract when all necessary conditions have been met, 2) make a finding of a categorical exemption for information collection under CEQA Guidelines section 15306 for data collection and research as part of a study, and 3) approve a contract contingency in the amount of $16,680, 4) and approve a Budget Modification No. 38 in the amount of $33,476 to provide additional project funding. 1.E 17-0026 Award of Bid No. PW17-11 for Concrete, Sidewalk, Curbs, Gutters and Driveway Approaches 2017 and Kifer Road Sidewalk Improvements, Finding of California Environmental Quality Act (CEQA) Categorical Exemption, and Approval of Budget Modification No. 37 in the Amount of $1,210,455 Recommendation: 1) Make a finding of a California Environmental Quality Act (CEQA) categorical exemption pursuant to CEQA Guidelines Section 15301 for maintenance or repair of existing facilities involving negligible or no expansion of use beyond which presently exists; 2) Award a contract in substantially the same form as Attachment 2 to the report and in the amount of $1,178,455 to JJR Construction, Inc. and authorize the City Manager to execute the contract when all necessary conditions have been met; 3) Approve a 10% construction contingency in the amount of $117,846, and 4) Approve Budget Modification No. 37 in the amount of $1,210,455 to advance project funding from FY 2017/18. 1.F 17-0305 Reject Bid Received for Uninterrupted Power Supply (UPS) and Emergency Backup Battery Systems at Two Locations (F17-078) City of Sunnyvale Page 4 Printed on 4/10/2017 City Council Notice and Agenda - Revised April 11, 2017 Recommendation: Reject the bid in the amount of $147,975 received from J.W. Construction in response to IFB F17-078. 1.G 17-0226 Amend an Existing Agreement for Traffic Signal Maintenance Services and Approve Budget Modification No. 34 in the Amount of $204,906 (F17-089) Recommendation: Authorize the City Manager to execute an amendment to the existing contract with Aegis ITS adding $204,906 and increasing the not-to-exceed value from $1,382,978 to $1,587,884 in substantially the same form as Attachment 1 to the report; and 2) approve Budget Modification No. 34 in the amount of $204,906. 1.H 17-0245 Adopt a New Council Policy on Debt Management, Amend Council Policy 7.1.1 and Find that the Action is Exempt from CEQA Recommendation: Adopt a New Council Policy 7.1.8, entitled Debt Management Policy, Amend Council Policy 7.1.1, entitled Fiscal and Long Range Goals and Financial Policies, by removing Section 7.1F and Find that the Action is Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 (b)(4). 1.I 17-0268 Authorize the Issuance of a Purchase Order for an Articulating Telescopic Aerial Bucket Truck (F17-093) Recommendation: Authorize the issuance of a Purchase Order for Articulating Telescopic Aerial Bucket Truck, in the amount of $175,791, including all taxes and fees, to Altec Industries, Inc. 1.J 17-0357 Approve the 2017 Sustainability Speaker Series Recommendation: Approve the 2017 sustainability speaker series topics as proposed by the Sustainability Commission. 1.K 17-0310 Approve the Third Amendment to Outside Counsel Agreement with Renne Sloan Holtzman Sakai, LLP for Labor Negotiation Services Recommendation: Authorize the City Attorney to execute a Third Amendment, in substantially the same form as Attachment 1 to the report, to the Outside Counsel Agreement with the law firm of Renne Sloan Holtzman Sakai, LLP, to increase the not-to-exceed amount by $100,000, for a new not-to-exceed contract amount of $250,000. City of Sunnyvale Page 5 Printed on 4/10/2017 City Council Notice and Agenda - Revised April 11, 2017 1.L 17-0393 Adopt Ordinance No. 3111-17 to Amend Sections 19.12.130 (“L”) of Chapter 19.12 (Definitions), 19.38.040 (Individual Lockable Storage Space for Multiple-Family Residential) of Chapter 19.38 (Required Facilities), and Section 19.90.030 (Procedures) of Chapter 19.90 (Special Development Permits) of Title 19 (Zoning) of the Sunnyvale Municipal Code Recommendation: Adopt Ordinance No. 3111-17. 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 17-0435 City Council Consideration of Authorized Signatories on Behalf of the City Council to a Letter in Response to the Recent Communication by Sunnyvale Employees Association (SEA) Presented to City Council on March 28, 2017 Recommendation: Staff makes no recommendation. 3 17-0336 Proposed Project: Related General Plan Amendment and Rezoning applications: GENERAL PLAN AMENDMENT: Proposed land use designation change from Industrial to: Residential Low-Medium Density (7-14 du/ac), Medium Density (14-27 du/ac), or High Density (27-45 du/ac); or Commercial Neighborhood Shopping for 210 W. Ahwanee Avenue, a 0.41-acre site; 214 W. Ahwanee Avenue, a 0.31-acre site; and 220 W. Ahwanee Avenue, a 1.18-acre site. REZONE: Introduction of an Ordinance to rezone 210 W. Ahwanee Avenue, a 0.41-acre site; 214 W. Ahwanee Avenue, a 0.31-acre site; and 220 W. Ahwanee Avenue, a 1.18-acre site from Industrial and Service with a Planned Development combining district (M-S/PD) to Low-Medium (R-2/PD), Medium (R-3/PD), or High (R-4/PD) Density Residential with a Planned Development combining district; or Industrial and Service with a Planned Development combining district (M-S/PD) to Neighborhood Business with a Planned Development combining district (C-1/PD). File #: 2016-7082 City of Sunnyvale Page 6 Printed on 4/10/2017 City Council Notice and Agenda - Revised April 11, 2017 Location: 210, 214, and 220 W. Ahwanee Avenue (APNs: 204-03-003, 204-03-002, and 204-03-043). Current Zoning: M-S/PD Applicant / Owner: M Designs Architects/Tapti LLC - Kishore Polakala (210 W. Ahwanee Avenue), City of Sunnyvale/Multiple property owners (214 and 220 W. Ahwanee Avenue) Environmental Review: Mitigated Negative Declaration Recommendation: Alternatives 1, 2 and 3: 1) Make the findings required by CEQA (in Attachment 3 of the report) and adopt the Mitigated Negative Declaration; 2) Adopt a resolution amending the General Plan land use designation from Industrial to Residential High Density for 210, 214, and 220 W. Ahwanee Avenue; and 3) Make the finding that the zoning amendment (rezoning) is deemed to be in the public interest in (Attachment 3 in the report) and introduce an ordinance to rezone 210, 214, and 220 W. Ahwanee Avenue from M-S/PD to R-4/PD. 4 17-0379 Adopt a Resolution regarding the LAND USE AND TRANSPORTATION ELEMENT of the General Plan (2016-7708) to: · Certify the EIR; · Make the Findings Required by the California Environmental Quality Act; · Adopt the Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program; · Adopt the Water Supply Assessment; · Repeal the Southern Pacific Corridor Specific Plan Sites 1, 6, 7, 8 and 9; and · Amend the General Plan to Adopt the Land Use and Transportation Element. City of Sunnyvale Page 7 Printed on 4/10/2017 City Council Notice and Agenda - Revised April 11, 2017 Recommendation: Alternatives 1, 3 and 6: 1) Adopt a Resolution (Attachment 2 to the report) to: Certify the EIR; Make the Findings Required by the California Environmental Quality Act; Adopt the Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program; Adopt the Water Supply Assessment; 3) Adopt a Resolution (also part of Attachment 2 to the staff report) to Amend the General Plan to Adopt the Land Use and Transportation Element (including repealing the remaining Southern Pacific Corridor Specific Plan Sites as depicted in Attachment 8 to the staff report) as shown in Attachment 4 and Attachment 20 to the staff report, and the modifications to Policy 53 Action 5, Policy 55 Action 2 and Policy 101 Action 6 described in the report; and, 6) Direct staff to reformat the LUTE for inclusion into the Consolidated General Plan, including any approved modifications and to update the Balanced Growth profile. 5 17-0337 Proposed Project: PEERY PARK PLAN REVIEW PERMIT to allow a 150,651 square foot four-story office/R&D building and a detached six-level with partial underground parking structure, resulting in 100% FAR, in the Peery Park Specific Plan area. The project includes a 2,500 square foot retail space on the ground floor. File #: 2015-8110 Location: 675 Almanor Ave. (APNs: 165-44-006 165-44-012) Applicant / Owner: Chang Architecture/Almanor Ventures LLC Environmental Review: The project is exempt from additional CEQA review per CEQA Guidelines section 15168(c)(2) and (4) and Public Resources Code Section 21094(c). The project is within the scope of the Peery Park Specific Plan Program EIR as no new environmental impacts are anticipated and no new mitigation measures are required. City of Sunnyvale Page 8 Printed on 4/10/2017 City Council Notice and Agenda - Revised April 11, 2017 Recommendation: Alternative 1: Make the required Findings to approve the California Environmental Quality Act determination that the project is within the scope of the Peery Park Specific Plan (PPSP) Environmental Impact Report (EIR) and no additional environmental review is required in Attachment 4 to the report; and approve the Peery Park Plan Review Permit subject to PPSP Mitigation Monitoring and Reporting Program in Attachment 7 to the report, adopt the Findings for the Peery Park Plan Review Permit, Sense of Place fee and Water Infrastructure fee in Attachment 4 to the report, including the deviation for parking and adopt the recommended Conditions of Approval set forth in Attachment 5 to the report, as modified by the Planning Commission. 6 16-0571 Introduce an Ordinance to Amend Sections of Sunnyvale Municipal Code Title 10 for Revision in Traffic Control Authority and Rescind Resolution No. 203-95 and Related Amendments Designating Speed Limits for Certain Streets and Multi-Way Stops, and Adopt New Speed Limits Resolution Recommendation: Alternatives 1, 3 and 4: 1) Rescind Resolution No. 203-95 and related amendments and adopt a new resolution re-establishing speed limits in the City; 3) Introduce an ordinance to amend Sunnyvale Municipal Code Title 10 to delegate authority to the City Transportation and Traffic Manager to make decisions to install multi-way stops (3-Way or 4-Way Stops) with the City Council hearing appeals of Transportation and Traffic Manager's decisions; and, 4) Amend Sunnyvale Municipal Code Title 10 to remove Section 10.08.190 (b) and Section 10.32.030. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS NON-AGENDA ITEMS & COMMENTS -Council -City Manager INFORMATION ONLY REPORTS/ITEMS City of Sunnyvale Page 9 Printed on 4/10/2017 City Council Notice and Agenda - Revised April 11, 2017 17-0355 Tentative Council Meeting Agenda Calendar 17-0291 Information/Action Items 17-0134 Board/Commission Resignation (Information Only) 17-0341 New Public Park at 936 East Duane Avenue (Information Only) 17-0224 Study Session Summary of March 7, 2017 - Water Pollution Control Plant Update 17-0401 Study Session Summary of March 28, 2017 - Presentation and Update by Caltrain Staff on the Caltrain Modernization Program 17-0356 Board/Commission Meeting Minutes 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 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 35.160 (b) (1)) City of Sunnyvale Page 10 Printed on 4/10/2017 City Council Notice and Agenda - Revised April 11, 2017 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 11 Printed on 4/10/2017

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