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City Council

Regular Meeting

Sunnyvale, CA · October 17, 2017

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City of Sunnyvale Meeting Minutes - Final City Council Tuesday, October 17, 2017 5:00 PM Council Chambers and West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meetings: Closed Session- 5 PM | Joint Study Session with Bicycle and Pedestrian Advisory Commission- 5:30 PM | Regular Meeting- 7 PM 5 P.M. SPECIAL COUNCIL MEETING (Closed Session) Vice Mayor Larsson announced the item 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 5:02 p.m. 2 Roll Call Present: 7 - Mayor Glenn Hendricks Vice Mayor Gustav Larsson Councilmember Jim Griffith Councilmember Larry Klein Councilmember Nancy Smith Councilmember Russ Melton Councilmember Michael S. Goldman 3 Public Comment No speakers. 4 Convene to Closed Session 17-0695 Closed Session held pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Kent Steffens, Interim City Manager; Teri Silva, Interim Assistant City Manager; Anthony Giles, Interim Director of Human Resources Employee organization: Communication Officers Association City of Sunnyvale Page 1 City Council Meeting Minutes - Final October 17, 2017 (COA) 5 Adjourn Special Meeting Vice Mayor Larsson adjourned the meeting at 5:34 p.m. 5:30 P.M. SPECIAL COUNCIL MEETING (Joint Study Session with the Bicycle and Pedestrian Advisory Commission) 1 Call to Order in the Council Chambers (Open to the Public) Vice Mayor Larsson called the meeting to order at 5:38 p.m. 2 Roll Call Present: 7 - Mayor Glenn Hendricks Vice Mayor Gustav Larsson Councilmember Jim Griffith Councilmember Larry Klein Councilmember Nancy Smith Councilmember Russ Melton Councilmember Michael S. Goldman Bicycle and Pedestrian Advisory Commission: Present: 2 - Chair John Cordes Vice Chair Tim Oey Absent: 5 - Commissioner Catherine Barry Commissioner Susan Bremond Commissioner Angela Rausch Commissioner Scott Swail Commissioner Kyle Welch 3 Public Comment 4 Joint Study Session 17-0578 Caltrain Grade Separation Feasibility Study 5 Adjourn Special Meeting Vice Mayor Larsson adjourned the meeting at 6:59 p.m. 7 P.M. COUNCIL MEETING City of Sunnyvale Page 2 City Council Meeting Minutes - Final October 17, 2017 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: 7 - Mayor Glenn Hendricks Vice Mayor Gustav Larsson Councilmember Jim Griffith Councilmember Larry Klein Councilmember Nancy Smith Councilmember Russ Melton Councilmember Michael S. Goldman CLOSED SESSION REPORT Vice Mayor Larsson reported Council met in Closed Session pursuant to California Government Code Section 54957.6: Conference with Labor Negotiators; Agency designated representatives: Kent Steffens, Interim City Manager; Teri Silva, Interim Assistant City Manager; Anthony Giles, Interim Director of Human Resources; Employee organization: Communication Officers Association (COA); nothing to report. SPECIAL ORDER OF THE DAY 17-0815 SPECIAL ORDER OF THE DAY - Freedom from Workplace Bullying Week Mayor Hendricks presented a proclamation in recognition of Freedom from Workplace Bullying Week to Interim Director of Human Resources Tony Giles. ORAL COMMUNICATIONS Mayor Hendricks expressed appreciation to first responders working the wildfires in the area. Councilmember Griffith announced Board of Building Code Appeals recruitment and an upcoming application deadline. Councilmember Griffith announced an upcoming free Sunnyvale Technology Expo for Sunnyvale technology businesses. City of Sunnyvale Page 3 City Council Meeting Minutes - Final October 17, 2017 Councilmember Griffith announced recruitment for a Silicon Valley Clean Energy Authority Customer Program Advisory Group and an upcoming application deadline. Richard Adler, member of the Board of Bay Area for Clean Environment (BACE), spoke regarding Bay Area Air Quality Management District (BAAQMD) consideration of a proposed new rule, Regulation 11, Rule 18, regarding a new standard for toxic air contaminents and encouraged Council submit a letter of support for the rule. Linda Sell requested Council send a letter to the Bay Area Air Quality Management District (BAAQMD) in support of proposed Regulation 11, Rule 18, and provided written materials. Lakshimi Sharma announced an upcoming free “Young Entrepreneurs Startup Bootcamp” program for middle schoolers and high schoolers. Katherine Qiu, SummerHill Housing Group, announced the upcoming Turkey Trot on Thanksgiving Day and provided written materials. Tara Martin-Milius requested Council support grade separation when possible and when it makes sense, and stated she does not think it makes sense at Sunnyvale Avenue. Martin-Milius spoke in support of the food scrap program, and also urged Council to send a letter to BAAQMD regarding the pollution issue. David Wessel announced an upcoming Livable Sunnyvale “The Developers: Tales of Intrigue, Politics and High Finance" event. CONSENT CALENDAR Councilmember Griffith requested to pull Consent Calendar Item 1.I. MOTION: Vice Mayor Larsson moved and Councilmember Smith 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.J and 1.K. The motion carried by the following vote: City of Sunnyvale Page 4 City Council Meeting Minutes - Final October 17, 2017 Yes: 7 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Klein Councilmember Smith Councilmember Melton Councilmember Goldman No: 0 1.A 17-0237 Approve City Council Meeting Minutes of September 26, 2017 Approve the City Council Meeting Minutes of September 26, 2017 as submitted. 1.B 17-0430 Approve City Council Meeting Minutes of October 3, 2017 Approve the City Council Meeting Minutes of October 3, 2017 as submitted. 1.C 17-0189 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 17-0850 Authorize the Issuance of a Purchase Order for One Aggregate Chip Spreader (F18-005) in the amount of $274,680 and Approve Budget Modification No. 16 Authorize the issuance of a Purchase Order in the amount of $274,680, in substantially the same form as Attachment 2 to the report, to EDECO Southwest Service Company, LLC for one (1) Aggregate Chip Spreader and Approve Budget Modification No. 16 in the amount of $304,680. 1.E 17-0861 Authorize the issuance of a Purchase Order for the Purchase of Four Printed Seasonal Activity Guides (F18-026) for the Department of Library and Community Services 1) Authorize the issuance of a Purchase Order in the amount of $110,240 to Almaden Press to produce four Printed Seasonal Activity Guides; and 2) Authorize the City Manager to approve change orders to the Purchase Order within the bid amount of $110,240. 1.F 17-0866 Award of Contract for Consulting Engineering and Establishing Jurisdictional Partnerships at the Sunnyvale Materials Recovery and Transfer Station (F17-141), Find that the Action City of Sunnyvale Page 5 City Council Meeting Minutes - Final October 17, 2017 is Exempt from CEQA Pursuant to CEQA Guidelines Section 15262, and Approve Budget Modification No.13 1) Award a contract in an amount not to exceed $266,815 to HDR Engineering, Inc. to provide professional services for the development and implementation of institutional infrastructure, multi-jurisdictional strategic planning, and conceptual design in substantially the same form as Attachment 1 to the report and authorize the City Manager to execute the contract when all necessary conditions have been met, and 2) approve a 10% contract contingency in the amount of $26,682, and 3) Find that the Action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262 (Feasibility and Planning Studies), and 4) Approve Budget Modification No.13 in the amount of $93,497. 1.G 17-0893 Award of Contract to Recondition the Harris/AMFAB Transpack Compactor at the SMaRT Station (F18-004) and Finding of CEQA Categorical Exemption 1) Make a finding of 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 $168,700 to Western Baler & Conveyor, Inc. and authorize the City Manager to execute the contract when all necessary conditions have been met; and 3) approve a 10% contingency for the project 1.H 17-0942 Office of Emergency Services Project Update and Approval of Budget Modification No. 17 in the Amount of $200,000 for the Completion of Disaster Preparedness Plans, Purchase of Emergency Shelter Supplies, and Upgrades to the Department of Public Safety Office of Emergency Services Communications Systems Approve Budget Modification No. 17 in the amount of $200,000 to fund Office of Emergency Services project activities including Disaster Preparedness Plans, Emergency Shelter Supplies, and Communications Systems Upgrades. 1.I 17-0951 Approve the 2018 Sustainability Speaker Series Interim Director of Environmental Services Melody Tovar and Director of Finance Tim Kirby responded to Council questions. Public Hearing opened at 7:27 p.m. No speakers. City of Sunnyvale Page 6 City Council Meeting Minutes - Final October 17, 2017 Public Hearing closed at 7:27 p.m. MOTION: Councilmember Griffith moved and Councilmember Klein seconded the motion to approve the 2018 Sustainability Speaker Series topics with a limit of four topics as originaly mandated by Council policy, and to make whatever budgetary adjustments are necessary such that we don't have carryover that figures into this for future years. The motion carried by the following vote: Yes: 5 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Klein Councilmember Goldman No: 1 - Councilmember Smith Abstain: 1 - Councilmember Melton 1.J 17-0960 Appoint Maria Lucero to the NOVA Workforce Board Appoint Ms. Maria Lucero to the NOVA Workforce Board. 1.K 17-0968 Adopt Resolutions Approving Amendments to the City’s Contribution for CalPERS Medical Insurance for Management, SEA, Confidential and SEIU Employees and Annuitants (Retirees) Adopt two resolutions: (1) setting the employer’s contribution under the Public Employee’s Medical and Hospital Care Act (“PEMHCA”) for 2018, 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. PUBLIC HEARINGS/GENERAL BUSINESS 2 17-0892 Proposed Project: Introduction of Ordinance to REZONE 24 Contiguous Single Family Home Lots from R-0 (Low Density Residential) to R-0/S (Low Density Residential/Single-Story) and One Single Family Home Lot (with 2 assessor parcels) from R-0/PD (Low Density Residential/Planned Development) to R-0/S/PD (Low Density Residential/Single-Story/Planned Development) (25 lots total) City of Sunnyvale Page 7 City Council Meeting Minutes - Final October 17, 2017 File #: 2017-7565 Location: 1666-1698 Swallow Drive (Assessor Parcel Number 313-41-010 thru 012, 313-41-027 and 028), 1104-1121 Lorne Way (APNs 313-41-013 thru 026), 1103-1111 Homestead Road (APNs 313-41-005 thru 009) and 18771 East Homestead Road (APNs 313-41-070 and 071). Zoning: R-0 and R-0/PD for 18771 Homestead Road Applicant / Owner: Craig Milito (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) (a 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). Planner Officer Andrew Miner presented the staff report and a PowerPoint presentation. Director of Community Development Trudi Ryan and City Attorney John Nagel provided additional information. Public Hearing opened at 7:51 p.m. Stephanie Pestarino spoke in opposition to the rezoning if the Swallow Drive properties are included citing a disadvantage to some of the property owners. Public Hearing closed at 7:54 p.m. MOTION: Vice Mayor Larsson moved and Councilmember Klein seconded the motion to approve Alternatives 1 and 4: 1) Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305 and 15061(b)(3); and, 4) Deny the rezone. FRIENDLY AMENDMENT: Councilmember Klein offered a friendly amendment to direct staff to add looking at fewer than 20 lots as part of the SSCD study issue. Vice Mayor Larsson accepted the friendly amendment. Mayor Hendricks requested the friendly amendment be removed from the motion. Following discussion, the friendly amendment remained in the motion. City of Sunnyvale Page 8 City Council Meeting Minutes - Final October 17, 2017 The motion as amended by friendly amendment carried by the following vote: Yes: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Klein Councilmember Melton Councilmember Goldman No: 1 - Councilmember Smith 3 17-0897 Proposed Project: Introduction of Ordinance to REZONE 35 Contiguous Single Family Home Lots from R-1 (Low Density Residential) to R-1/S (Low Density Residential/Single-Story) File #: 2017-7556 Location: 801-819 Allison Way (APNs: 323-03-023 through 323-03-026 and APNs: 323-04-034 through 323-04-036), 1315-1381 Lennox Way (APNs: 323-03-027 through 323-03-038), 804-816 Lennox Court (APNs:323-03-039 through 323-03-042), 801-814 Blanchard Way (APNs:323-03-043 through 323-03-045 and APNs: 323-04-025 through 323-04-027), and 801-814 Beaverton Court (APNs:323-04-028 through 323-04-033). Zoning: R-1 Applicant / Owner: Tom Verbure (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) (a 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). Planning Officer Andrew Miner presented the staff report and a PowerPoint presentation. Mayor Hendricks stated the proposal is near his home but he is outside the boundary limit. Public Hearing opened at 8:26 p.m. City of Sunnyvale Page 9 City Council Meeting Minutes - Final October 17, 2017 Applicant Tom Verbure provided information regarding the proposal and a PowerPoint presentation. Lou Wirtz, resident of Blanchard Way, spoke in support of single-story combining districts. Public Hearing closed at 8:32 p.m. MOTION: Vice Mayor Larsson moved and Councilmember Smith 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) Introduce an Ordinance (Attachment 6 of the report) to Rezone 35 contiguous single family home lots from R-1 (Low Density Residential) to R-1/S (Low Density Residential/Single-Story). Deputy City Clerk Lisa Natusch read the ordinance title. The motion carried by the following vote: Yes: 7 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Klein Councilmember Smith Councilmember Melton Councilmember Goldman No: 0 Council recessed at 8:34 p.m. Council reconvened at 8:42 p.m. with all Councilmembers present. 4 17-0934 Study of Accessory Dwelling Unit Development Standards: Introduce an Ordinance Amending Sunnyvale Municipal Code Section 19.68.040 Accessory Dwelling Units (ADUs), Adopt a Resolution Amending the Master Fee Schedule to Impose Transportation Impact Fees for Accessory Dwelling Units, and Find that these Actions are Exempt from CEQA. Housing Officer Suzanne Ise presented the staff report and a PowerPoint City of Sunnyvale Page 10 City Council Meeting Minutes - Final October 17, 2017 presentation. Director of Community Development Trudi Ryan, City Attorney John Nagel, Director of Finance Tim Kirby, and Planning Officer Trudi Ryan provided additional information. Public Hearing opened at 10:10 p.m. Greg Popovich, Goldbar Builders, spoke regarding their Housing Affordability for Teacher Stability (HATS) program and in opposition to the deed restriction and lot size restriction. David Wessel spoke regarding the City of Mountain View's Accessory Dwelling Unit regulations and marijuana dispensary regulations, regarding the need for housing, and in opposition to the lot size limitation. Richard Mehlinger, on behalf of St. Cyprian's Parish Faith and Justice Committee and Bay Area Organizing Committee, spoke in favor of liberalizing regulations for Accessory Dwelling Units. John Cordes, Bicycle and Pedestrian Advisory Commission Chair speaking for himself, spoke in support of Alternatives 5, 8, 11, 13 and 14 and in opposition to the size restrictions in Alternative 1. Sue Serrone spoke in support of Accessory Dwelling Units and urged Council to remove lot size restrictions. Jason Uhlenkott spoke in support of Accessory Dwelling Units and in support of no minimum lot size restriction, but suggested a 5,000 square foot lot size restriction as a compromise. Karen Schlesser urged Council to eliminate the minimum lot size restriction, eliminate the owner occupancy requirement, reduce the fees and reduce the parking requirement. Josh Barousse, SV@Home, spoke in support of Accessory Dwelling Units to address the housing crisis. Arthur Low spoke in support of making it easier to have Accessory Dwelling Units in Sunnyvale. City of Sunnyvale Page 11 City Council Meeting Minutes - Final October 17, 2017 Firoz Pradhan spoke in support of less restrictions on Accessory Dwelling Units. Public Hearing closed at 10:39 p.m. MOTION: Councilmember Klein moved and Vice Mayor Larsson seconded the motion to approve Alternatives 1 with modifications, 5, 8, 11, 13 and 14: 1) Introduce an ordinance to reduce the minimum lot size for Accessory Dwelling Units (ADUs) to 8,000 square feet in the R-1 zoning district and to 6,000 square feet in the R-0 zoning district; 5) Retain the 20-year owner-occupancy requirement and deed restriction; 8) Adopt a Resolution amending the Master Fee Schedule to establish the Transportation Impact Fee (TIF) for ADUs as the same as the multi-family rate (Attachment 8 to the report); 11) Modify the requirement that the entry door of ADU not face the public street (included in proposed ordinance, Attachment 7 of the report); 13) Find that the amendments to Sunnyvale Municipal Code Section 19.68.040 are exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15378(b)(4); and 14) Find that the amendments to the Master Fee Schedule are exempt from CEQA pursuant to CEQA Guidelines Section 15378(b)(4); and direct staff to come back to Council with a description of a rollout from an educational standpoint of the change in the rules from the City code standpoint. CLARIFIED MOTION: Councilmember Klein moved and Vice Mayor Larsson seconded the motion to approve Alternatives 1 (modified), 5, 8, 11, 13 and 14: 1) Introduce an ordinance to reduce the minimum lot size for Accessory Dwelling Units (ADUs) to 8,000 square feet in the R-1 zoning district and to 6,000 square feet in the R-0 zoning district; 5) Retain the 20-year owner-occupancy requirement and deed restriction; 8) Adopt a Resolution amending the Master Fee Schedule to establish the Transportation Impact Fee (TIF) for ADUs as the same as the multi-family rate (Attachment 8 to the report); 11) Modify the requirement that the entry door of ADU not face the public street (included in proposed ordinance, Attachment 7 of the report); 13) Find that the amendments to Sunnyvale Municipal Code Section 19.68.040 are exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15378(b)(4); and 14) Find that the amendments to the Master Fee Schedule are exempt from CEQA pursuant to CEQA Guidelines Section 15378(b)(4); and direct staff to communicate the information regarding the changes via the City website, social media and the quarterly report. FRIENDLY AMENDMENT: Mayor Hendricks offered a friendly amendment to City of Sunnyvale Page 12 City Council Meeting Minutes - Final October 17, 2017 change the deed restriction from 20-years to permanent. Councilmember Klein declined to accept the friendly amendment. FRIENDLY AMENDMENT: Councilmember Melton offered a friendly amendment to agendize for a future meeting and direct staff to come back with a potential waiver or exemption for parking for legal non-conforming properties; in a situation where a property is legal non-conforming with regard to parking, if an application is made for an ADU, then a waiver or exemption is in place in the municipal code such that the property does not have to be brought to legal conforming status with regards to parking. Councilmember Klein declined to accept the friendly amendment. AMENDMENT: Councilmember Melton moved to amend the motion and Councilmember Goldman seconded to agendize for a future meeting and direct staff to come back with a potential waiver or exemption for parking for legal non-conforming properties; in a situation where a property is legal non-conforming with regard to parking, if an application is made for an ADU, then a waiver or exemption is in place in the municipal code such that the property does not have to be brought to legal conforming status with regard to parking. The motion to amend failed by the following vote: Yes: 1 - Councilmember Melton No: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Klein Councilmember Smith Councilmember Goldman FRIENDLY AMENDMENT: Councilmember Melton offered a friendly amendment to propose a study issue as part of this motion regarding a waiver or exemption for parking for legal non-conforming properties who apply for an Accessory Dwelling Unit. Councilmember Klein declined to accept the friendly amendment. AMENDMENT: Mayor Hendricks moved to amend the motion and Councilmember Griffith seconded to change the 20-year deed restriction to permanent. The motion to amend carried by the following vote: City of Sunnyvale Page 13 City Council Meeting Minutes - Final October 17, 2017 Yes: 5 - Mayor Hendricks Councilmember Griffith Councilmember Smith Councilmember Melton Councilmember Goldman No: 2 - Vice Mayor Larsson Councilmember Klein Deputy City Clerk Lisa Natusch read the ordinance title. The motion as amended carried by the following vote: Yes: 6 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Klein Councilmember Smith Councilmember Melton No: 1 - Councilmember Goldman 5 17-0762 Establish the Total Number of Members of the 2017/18 Charter Review Committee to Consider Amendments to Charter Section 604, Provide Direction on the Selection Process for Committee Membership, and Direct Staff to Set the Appointment of Committee Members for a Future Council Meeting Deputy City Clerk Lisa Natusch presented the staff report. City Attorney John Nagel provided additional information. Public Hearing opened at 11:30 p.m. No speakers. Public Hearing closed at 11:30 p.m. MOTION: Councilmember Griffith moved and Councilmember Smith seconded the motion to establish the total number of members of the Charter Review Committee to be 11 members and appoint them via the recruitment and appointment process similar to the City's boards and commissions. The motion carried by the following vote: City of Sunnyvale Page 14 City Council Meeting Minutes - Final October 17, 2017 Yes: 7 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Klein Councilmember Smith Councilmember Melton Councilmember Goldman No: 0 MOTION: Vice Mayor Larsson moved and Councilmember Klein seconded the motion to continue with Councilmember Reports on Activities from Intergovernmental Committee Assignments, Non-Agenda Items & Comments, and Information Only items. Yes: 7 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Klein Councilmember Smith Councilmember Melton Councilmember Goldman No: 0 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Councilmember Klein reported his attendance at a meeting of the State Route 85 Corridor Policy Advisory Board and announced upcoming outreach meetings regarding the State Route 85 Transit Guideway Study. Councilmember Griffith reported his attendance at meetings of the Silicon Valley Clean Energy Authority. Councilmember Smith reported the October meeting of the CalMod Local Policy Maker Group is cancelled and the next meeting will be November 30. Smith reported the next meeting of the El Camino Real Rapid Transit Policy Advisory Board is October 26. NON-AGENDA ITEMS & COMMENTS City of Sunnyvale Page 15 City Council Meeting Minutes - Final October 17, 2017 -Council Councilmember Smith reported her attendance at an event hosted by Stanford in which the City received recognition for work regarding bicycle safety, specifically for the Maude Avenue buffered bike lanes project. Smith reported she received a Stanford Bicycle Commuter Access Study which was released today and encouraged anyone interested to review it. Councilmember Melton proposed a study issue regarding legal non-conforming parking and Accessory Dwelling Units. Councilmember Melton proposed a study issue regarding Accessory Dwelling Unit amnesty. Councilmember Melton stated he would follow up with City Manager Steffens with additional information. -City Manager None. INFORMATION ONLY REPORTS/ITEMS 17-0750 Tentative Council Meeting Agenda Calendar 17-0852 Information/Action Items 17-0891 Study Session Summary of October 3, 2017 - Evaluation of Work Plan for New Revenue Strategies to Fund New and Increasing Service Demands and/or Unfunded Capital Investments (Study Issue) 17-0225 Board/Commission Meeting Minutes ADJOURNMENT Mayor Hendricks adjourned the meeting at 11:40 p.m. City of Sunnyvale Page 16

Agenda

City of Sunnyvale Notice and Agenda City Council Tuesday, October 17, 2017 5:00 PM Council Chambers and West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meetings: Closed Session- 5 PM | Joint Study Session with Bicycle and Pedestrian Advisory Commission- 5:30 PM | Regular Meeting- 7 PM 5 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 17-0695 Closed Session held pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Kent Steffens, Interim City Manager; Teri Silva, Interim Assistant City Manager; Anthony Giles, Interim Director of Human Resources Employee organization: Communication Officers Association (COA) 5 Adjourn Special Meeting 5:30 P.M. SPECIAL COUNCIL MEETING (Joint Study Session with the Bicycle and Pedestrian Advisory Commission) 1 Call to Order in the Council Chambers (Open to the Public) 2 Roll Call City of Sunnyvale Page 1 Printed on 10/12/2017 City Council Notice and Agenda October 17, 2017 3 Public Comment 4 Joint Study Session 17-0578 Caltrain Grade Separation Feasibility Study 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 SPECIAL ORDER OF THE DAY 17-0815 SPECIAL ORDER OF THE DAY - Freedom from Workplace Bullying Week 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 City of Sunnyvale Page 2 Printed on 10/12/2017 City Council Notice and Agenda October 17, 2017 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 17-0237 Approve City Council Meeting Minutes of September 26, 2017 Recommendation: Approve the City Council Meeting Minutes of September 26, 2017 as submitted. 1.B 17-0430 Approve City Council Meeting Minutes of October 3, 2017 Recommendation: Approve the City Council Meeting Minutes of October 3, 2017 as submitted. 1.C 17-0189 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 17-0850 Authorize the Issuance of a Purchase Order for One Aggregate Chip Spreader (F18-005) in the amount of $274,680 and Approve Budget Modification No. 16 Recommendation: Authorize the issuance of a Purchase Order in the amount of $274,680, in substantially the same form as Attachment 2 to the report, to EDECO Southwest Service Company, LLC for one (1) Aggregate Chip Spreader and Approve Budget Modification No. 16 in the amount of $304,680. 1.E 17-0861 Authorize the issuance of a Purchase Order for the Purchase of Four Printed Seasonal Activity Guides (F18-026) for the Department of Library and Community Services Recommendation: 1) Authorize the issuance of a Purchase Order in the amount of $110,240 to Almaden Press to produce four Printed Seasonal Activity Guides; and 2) Authorize the City Manager to approve change orders to the Purchase Order within the bid amount of $110,240. 1.F 17-0866 Award of Contract for Consulting Engineering and Establishing Jurisdictional Partnerships at the Sunnyvale Materials Recovery and Transfer Station (F17-141), Find that the Action is Exempt from CEQA Pursuant to CEQA Guidelines Section City of Sunnyvale Page 3 Printed on 10/12/2017 City Council Notice and Agenda October 17, 2017 15262, and Approve Budget Modification No.13 Recommendation: 1) Award a contract in an amount not to exceed $266,815 to HDR Engineering, Inc. to provide professional services for the development and implementation of institutional infrastructure, multi-jurisdictional strategic planning, and conceptual design in substantially the same form as Attachment 1 to the report and authorize the City Manager to execute the contract when all necessary conditions have been met, and 2) approve a 10% contract contingency in the amount of $26,682, and 3) Find that the Action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262 (Feasibility and Planning Studies), and 4) Approve Budget Modification No.13 in the amount of $93,497. 1.G 17-0893 Award of Contract to Recondition the Harris/AMFAB Transpack Compactor at the SMaRT Station (F18-004) and Finding of CEQA Categorical Exemption Recommendation: 1) Make a finding of 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 $168,700 to Western Baler & Conveyor, Inc. and authorize the City Manager to execute the contract when all necessary conditions have been met; and 3) approve a 10% contingency for the project 1.H 17-0942 Office of Emergency Services Project Update and Approval of Budget Modification No. 17 in the Amount of $200,000 for the Completion of Disaster Preparedness Plans, Purchase of Emergency Shelter Supplies, and Upgrades to the Department of Public Safety Office of Emergency Services Communications Systems Recommendation: Approve Budget Modification No. 17 in the amount of $200,000 to fund Office of Emergency Services project activities including Disaster Preparedness Plans, Emergency Shelter Supplies, and Communications Systems Upgrades. 1.I 17-0951 Approve the 2018 Sustainability Speaker Series City of Sunnyvale Page 4 Printed on 10/12/2017 City Council Notice and Agenda October 17, 2017 Recommendation: Approve the 2018 Sustainability Speaker Series Topics as proposed by the Sustainability Commission, with the proviso that implementation of up to six events in 2018 will be contingent on speaker availability, staffing resources, and available budget. 1.J 17-0960 Appoint Maria Lucero to the NOVA Workforce Board Recommendation: Appoint Ms. Maria Lucero to the NOVA Workforce Board. 1.K 17-0968 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) setting the employer's contribution under the Public Employee's Medical and Hospital Care Act ("PEMHCA") for 2018, 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. 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 17-0892 Proposed Project: Introduction of Ordinance to REZONE 24 Contiguous Single Family Home Lots from R-0 (Low Density Residential) to R-0/S (Low Density Residential/Single-Story) and One Single Family Home Lot (with 2 assessor parcels) from R-0/PD (Low Density Residential/Planned Development) to R-0/S/PD (Low Density Residential/Single-Story/Planned Development) (25 lots total) File #: 2017-7565 Location: 1666-1698 Swallow Drive (Assessor Parcel Number 313-41-010 thru 012, 313-41-027 and 028), 1104-1121 Lorne Way (APNs 313-41-013 thru 026), 1103-1111 Homestead Road (APNs 313-41-005 thru 009) and 18771 East City of Sunnyvale Page 5 Printed on 10/12/2017 City Council Notice and Agenda October 17, 2017 Homestead Road (APNs 313-41-070 and 071). Zoning: R-0 and R-0/PD for 18771 Homestead Road Applicant / Owner: Craig Milito (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) (a 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). Recommendation: Alternatives 1 and 4: 1) Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305 and 15061(b)(3); and, 4) Deny the rezone. 3 17-0897 Proposed Project: Introduction of Ordinance to REZONE 35 Contiguous Single Family Home Lots from R-1 (Low Density Residential) to R-1/S (Low Density Residential/Single-Story) File #: 2017-7556 Location: 801-819 Allison Way (APNs: 323-03-023 through 323-03-026 and APNs: 323-04-034 through 323-04-036), 1315-1381 Lennox Way (APNs: 323-03-027 through 323-03-038), 804-816 Lennox Court (APNs:323-03-039 through 323-03-042), 801-814 Blanchard Way (APNs:323-03-043 through 323-03-045 and APNs: 323-04-025 through 323-04-027), and 801-814 Beaverton Court (APNs:323-04-028 through 323-04-033). Zoning: R-1 Applicant / Owner: Tom Verbure (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) (a 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 10/12/2017 City Council Notice and Agenda October 17, 2017 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) Introduce an Ordinance (Attachment 6 of the report) to Rezone 35 contiguous single family home lots from R-1 (Low Density Residential) to R-1/S (Low Density Residential/Single-Story). 4 17-0934 Study of Accessory Dwelling Unit Development Standards: Introduce an Ordinance Amending Sunnyvale Municipal Code Section 19.68.040 Accessory Dwelling Units (ADUs), Adopt a Resolution Amending the Master Fee Schedule to Impose Transportation Impact Fees for Accessory Dwelling Units, and Find that these Actions are Exempt from CEQA. Recommendation: Alternatives 1, 5, 8, 11, 13 and 14: 1) Introduce an ordinance to reduce the minimum lot size for Accessory Dwelling Units (ADUs) to 8,000 square feet in the R-1 zoning district and to 7,000 square feet in the R-0 zoning district; 5) Retain the 20-year owner-occupancy requirement and deed restriction; 8) Adopt a Resolution amending the Master Fee Schedule to establish the Transportation Impact Fee (TIF) for ADUs as the same as the multi-family rate (Attachment 8 to the report); 11) Modify the requirement that the entry door of ADU not face the public street (included in proposed ordinance, Attachment 7 of the report); 13) Find that the amendments to Sunnyvale Municipal Code Section 19.68.040 are exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15378(b)(4); and 14) Find that the amendments to the Master Fee Schedule are exempt from CEQA pursuant to CEQA Guidelines Section 15378(b)(4). 5 17-0762 Establish the Total Number of Members of the 2017/18 Charter Review Committee to Consider Amendments to Charter Section 604, Provide Direction on the Selection Process for Committee Membership, and Direct Staff to Set the Appointment of Committee Members for a Future Council Meeting Recommendation: Staff makes no recommendation. City of Sunnyvale Page 7 Printed on 10/12/2017 City Council Notice and Agenda October 17, 2017 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS NON-AGENDA ITEMS & COMMENTS -Council -City Manager INFORMATION ONLY REPORTS/ITEMS 17-0750 Tentative Council Meeting Agenda Calendar 17-0852 Information/Action Items 17-0891 Study Session Summary of October 3, 2017 - Evaluation of Work Plan for New Revenue Strategies to Fund New and Increasing Service Demands and/or Unfunded Capital Investments (Study Issue) 17-0225 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 City of Sunnyvale Page 8 Printed on 10/12/2017 City Council Notice and Agenda October 17, 2017 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" available on the City website at sunnyvale.ca.gov. 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 https://sunnyvaleca.legistar.com for upcoming Council, board and commission meeting information. City of Sunnyvale Page 9 Printed on 10/12/2017

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