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City Council

Regular Meeting

Sunnyvale, CA · April 18, 2017

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Minutes

City of Sunnyvale Meeting Minutes - Final City Council Tuesday, April 18, 2017 5:45 PM West Conference Room and Council Chambers, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meetings: Closed Session - 5:45 PM | Public Hearings - 7 PM 5:45 P.M. SPECIAL COUNCIL MEETING (Closed Session) Mayor Hendricks 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 Mayor Hendricks called the meeting to order at 5:46 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 Councilmember Smith's absence was excused. Vice Mayor Larsson participated in the meeting from Staybridge Suites Alpharetta North Point, Room 144, 3980 North Point Parkway, Alpharetta, Georgia, 30005. 3 Public Comment No speakers. 4 Convene to Closed Session 17-0449 Closed Session held pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR City of Sunnyvale Page 1 City Council Meeting Minutes - Final April 18, 2017 NEGOTIATORS Agency designated representatives: Deanna J. Santana, City Manager; Teri Silva, Director of Human Resources Employee organization: Sunnyvale Employee Association (SEA) 17-0460 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 Mayor Hendricks adjourned the meeting at 7:04 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. Vice Mayor Larsson participated in the meeting via teleconference from Staybridge Suites Alpharetta North Point, Room 144, 3980 North Point Parkway, Alpharetta, Georgia, 30005. CLOSED SESSION REPORT City of Sunnyvale Page 2 City Council Meeting Minutes - Final April 18, 2017 Council met in Closed Session 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). Council met in Closed Session pursuant to 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). Mayor Hendricks reported Council met in Closed Session and authorized the City Attorney to file a request for the Public Employment Relations Board to seek injunctive relief on behalf of the City of Sunnyvale to prevent positions essential to public health and safety from participating in a strike or similar labor action. Mayor Hendricks reported the following vote: Yes: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Klein Councilmember Melton Councilmember Goldman No: 0 Absent: 1 - Councilmember Smith PUBLIC HEARINGS/GENERAL BUSINESS 1 17-0454 (Continued from April 11, 2017 to April 18, 2017, formerly RTC 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 City of Sunnyvale Page 3 City Council Meeting Minutes - Final April 18, 2017 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 Associate Planner George Schroeder provided the staff report and a PowerPoint presentation. Planning Officer Andy Miner provided additional information. Public Hearing opened at 7:38 p.m. Applicant Kishore Polakala provided information regarding the proposed project. Architect Chip Jessup, M Designs Architects, provided additional information. Joyce Hao, on behalf of neighbors on Hemlock Avenue, stated more guidelines are needed for compatibility with the neighborhood and stated that a four-story building would stick out like the storage unit does and have potential impacts on privacy and property values. No speakers at the teleconference location. Applicant Polakala provided closing comments and stated his willingness to work with staff to address the concerns of the neighbors. Architect Chip Jessup, M Designs Architects, provided additional information. Public Hearing closed at 7:50 p.m. MOTION: Councilmember Klein moved and Councilmember Melton seconded the motion to approve 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) City of Sunnyvale Page 4 City Council Meeting Minutes - Final April 18, 2017 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. City Clerk Kathleen Franco Simmons read the ordinance title. The motion carried by the following random roll call vote: Yes: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Klein Councilmember Melton Councilmember Goldman No: 0 Absent: 1 - Councilmember Smith 2 17-0455 (Continued from April 11, 2017 to April 18, 2017, formerly RTC 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. Planning Officer Andy Miner provided the staff report and a PowerPoint presentation. Director of Community Development Trudi Ryan, City Manager Deanna Santana and City Attorney John Nagel provided additional information. Applicant Derrick Larson, Dollinger Properties, provided information and a PowerPoint presentation regarding the proposed project. Cliff Chang, Chang Architecture, provided additional information. City of Sunnyvale Page 5 City Council Meeting Minutes - Final April 18, 2017 Public Hearing opened at 8:46 p.m. No speakers. No speakers at the teleconference location. Public Hearing closed at 8:46 p.m. MOTION: Councilmember Klein moved and Mayor Hendricks seconded the motion to approve Alternative 2: 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, with additional Conditions of Approval: For BP-27, add the wording “to consider all sides of the parking garage for artwork” and an additional BP to have staff review the parking garage design for all four sides to make sure that it is meeting the parking structure design guidelines, and a new condition of approval to require solar panels to be installed or similar energy production to be installed some number of years after the first tenant takes occupancy, to be negotiated by and reviewed by the Director of Community Development. Director of Community Development Ryan suggested language for the modification regarding solar: “Require solar panels or other alternative energy production technique to be installed on the site within five years after occupancy approval subject to Director of Community Development review and approval.” The maker and seconder of the motion accepted the suggested language. The motion failed by the following random roll call vote: Yes: 2 - Councilmember Klein Councilmember Goldman No: 4 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Melton Absent: 1 - Councilmember Smith MOTION: Councilmember Griffith moved and Councilmember Melton seconded the City of Sunnyvale Page 6 City Council Meeting Minutes - Final April 18, 2017 motion to approve Alternative 2: 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; with additional Conditions of Approval: For BP-27, add the wording “to consider all sides of the parking garage for artwork” and an additional BP to have staff review the parking garage design for all four sides to make sure that it is meeting the parking structure design guidelines. The motion carried by the following random roll call vote: Yes: 5 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Klein Councilmember Melton No: 1 - Councilmember Goldman Absent: 1 - Councilmember Smith 3 17-0415 Accept Report on Sunnyvale Golf and Tennis Operations and Approve Budget Modification No. 42 in the Amount of $300,000 for a Total FY 2016/17 General Fund Subsidy of $850,000 Director of Public Works Manuel Pineda provided the staff report and a PowerPoint presentation. Superintendent of Parks and Golf Jim Stark and City Manager Santana provided additional information. Public Hearing opened at 9:33 p.m. No speakers. No speakers at the teleconference location. Public Hearing closed at 9:33 p.m. MOTION: Councilmember Melton moved and Councilmember Klein seconded the motion to approve Alternative 1: Accept report on Sunnyvale Golf Operations and Approve Budget Modification No. 42 in the amount of $300,000 for a total FY 2016/17 subsidy of $850,000. City of Sunnyvale Page 7 City Council Meeting Minutes - Final April 18, 2017 The motion carried by the following random roll call vote: Yes: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Klein Councilmember Melton Councilmember Goldman No: 0 Absent: 1 - Councilmember Smith ADJOURNMENT Mayor Hendricks adjourned the meeting at 9:39 p.m. City of Sunnyvale Page 8

Agenda

City of Sunnyvale Notice and Agenda - Revised City Council Tuesday, April 18, 2017 5:45 PM West Conference Room and Council Chambers, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meetings: Closed Session - 5:45 PM | Public Hearings - 7 PM TELECONFERENCE NOTICE Pursuant to Government Code Section 54953(b), this City Council meeting will include teleconference participation by Vice Mayor Gustav Larsson from Staybridge Suites Alpharetta North Point, Room 144, 3980 North Point Parkway, Alpharetta, Georgia, 30005. This Notice and Agenda will be posted at the teleconference location. Public comment from this address shall be allowed pursuant to Government Code Section 54954.3. 5:45 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 17-0449 Closed Session held 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) City of Sunnyvale Page 1 Printed on 4/17/2017 City Council Notice and Agenda - Revised April 18, 2017 17-0460 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 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 CLOSED SESSION REPORT 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. City of Sunnyvale Page 2 Printed on 4/17/2017 City Council Notice and Agenda - Revised April 18, 2017 1 17-0454 (Continued from April 11, 2017 to April 18, 2017, formerly RTC 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 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. City of Sunnyvale Page 3 Printed on 4/17/2017 City Council Notice and Agenda - Revised April 18, 2017 2 17-0455 (Continued from April 11, 2017 to April 18, 2017, formerly RTC 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. 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. 3 17-0415 Accept Report on Sunnyvale Golf and Tennis Operations and Approve Budget Modification No. 42 in the Amount of $300,000 for a Total FY 2016/17 General Fund Subsidy of $850,000 Recommendation: Alternative 1: Accept report on Sunnyvale Golf Operations and Approve Budget Modification No. 42 in the amount of $300,000 for a total FY 2016/17 subsidy of $850,000 ADJOURNMENT City of Sunnyvale Page 4 Printed on 4/17/2017 City Council Notice and Agenda - Revised April 18, 2017 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)) 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. City of Sunnyvale Page 5 Printed on 4/17/2017 City Council Notice and Agenda - Revised April 18, 2017 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 6 Printed on 4/17/2017

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