City Council

City of Sunnyvale Meeting Minutes - Final City Council Tuesday, December 19, 2017 4:30 PM Council Chambers and West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Closed Session- 4:30 PM | Regular City Council Meeting- 7 PM | Special Joint Meeting of the City Council and the Sunnyvale Financing Authority-7 PM (or as soon thereafter as the matter may be heard) 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 4:33 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 Councilmember Goldman arrived at 4:47 p.m. 3 Public Comment No speakers. 4 Convene to Closed Session 17-1176 Closed Session held pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS City of Sunnyvale Page 1 City Council Meeting Minutes - Final December 19, 2017 Agency designated representatives: Kent Steffens, Interim City Manager; Teri Silva, Interim Assistant City Manager Employee organization: Communication Officers Association (COA) 17-0980 Closed Session held pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Council Compensation Subcommittee Members Glenn Hendricks, Jim Griffith, Russ Melton Unrepresented employee: City Manager 17-1043 Closed Session held pursuant to California Government Code Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: “Block 15 Affordable Housing Site” located at 365-407 S. Mathilda Avenue and 388-406 Charles Street (APNs 165-13-045, 165-13-046, 165-13-068, 165-13-069, 165-13-073, 165-13-074) City negotiators: Interim City Manager Kent Steffens, Director of Community Development Trudi Ryan, Housing Officer Suzanne Isé Negotiating parties: The Related Companies of California, LLC Under negotiation: Price and terms of payment for a proposed long-term ground lease of City property (Exclusive Negotiating Agreement) 17-0238 Closed Session held pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Attorney 5 Adjourn Special Meeting Vice Mayor Larsson adjourned the meeting at 6:45 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Mayor Hendricks called the meeting to order. City of Sunnyvale Page 2 City Council Meeting Minutes - Final December 19, 2017 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 the 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, Employee organization: Communication Officers Association (COA); nothing to report. Vice Mayor Larsson reported the Council met in Closed Session pursuant to California Government Code Section 54957.6: Conference with Labor Negotiators; Agency designated representatives: Council Compensation Subcommittee Members Glenn Hendricks, Jim Griffith, Russ Melton, Unrepresented employee: City Manager; nothing to report. Vice Mayor Larsson reported the Council met in Closed Session pursuant to California Government Code Section 54956.8: Conference with Real Property Negotiators, Property: “Block 15 Affordable Housing Site” located at 365-407 S. Mathilda Avenue and 388-406 Charles Street (APNs 165-13-045, 165-13-046, 165-13-068, 165-13-069, 165-13-073, 165-13-074), City negotiators: Interim City Manager Kent Steffens, Director of Community Development Trudi Ryan, Housing Officer Suzanne Isé, Negotiating parties: The Related Companies of California, LLC; Under negotiation: Price and terms of payment for a proposed long term ground lease of City property (Exclusive Negotiating Agreement); nothing to report. Vice Mayor Larsson reported the Council met in Closed Session pursuant to California Government Code Section 54957: Public Employee Performance Evaluation, Title: City Attorney; nothing to report. City of Sunnyvale Page 3 City Council Meeting Minutes - Final December 19, 2017 PRESENTATION 17-1096 PRESENTATION - Update from VTA Policy Advisory Board on El Camino Real Bus Rapid Transit Jeannie Bruins, City of Los Altos Councilmember and El Camino Real Bus Rapid Transit Policy Advisory Board Chair, and Adam Burger, Senior Transportation Planner, Valley Transportation Authority, provided an update on the pilot project and a PowerPoint presentation. ORAL COMMUNICATIONS Councilmember Smith announced Sunnyvale’s new minimum wage rate of $15 per hour effective January 1. David Wessel withdrew his prior request to create an ad hoc citizen’s committee with respect to formulating an ordinance regarding AB 1505. Wessel also spoke in support of a dedicated center lane for the bus service project and a focus on bicycle safety. Adina Levin, Friends of Caltrain, spoke regarding the El Camino bus service proposal and in support of a dedicated center lane. CONSENT CALENDAR MOTION: Vice Mayor Larsson moved and Councilmember Klein seconded the motion to approve the Consent Calendar. 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 1.A 17-0208 Approve City Council Special Meeting Minutes of December 8, 2017 Approve the City Council Special Meeting Minutes of December 8, 2017 as City of Sunnyvale Page 4 City Council Meeting Minutes - Final December 19, 2017 submitted. 1.B 17-0201 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Approve the list(s) of claims and bills. 1.C 17-1104 Authorize Issuance of Purchase Order for a Gas Chromatography Mass Spectrometer (GCMS) with Purge & Trap Concentrator/Autosampler at the Water Pollution Control Plant (F17-167) Authorize the issuance of a purchase order in the amount of $114,149 to Thermo Electron North America, LLC, aka Thermo Fisher, excluding sales tax, in substantially the same form as Attachment 2 to the report, to furnish a Gas Chromatography Mass Spectrometer (GCMS) with Purge & Trap Concentrator/Autosampler, as required by the Environmental Services Department. 1.D 17-1028 Approve Grant Agreement with MidPen Housing Corp. for the Persian Drive Sidewalk Project and Approve Budget Modification No. 30 to Appropriate an Additional $324,500 to the Project, for a Total of $973,000 Approve Budget Modification No. 30 in the amount of $324,500 to increase the budget for Project 832040 for a new total of $973,000; Approve the Grant Agreement with MidPen Housing Corp for the Persian Drive Sidewalk Extension, and Authorize the City Manager to execute the Grant Agreement in a final form as approved by the City Attorney. 1.E 17-0386 Receive and File FY 2016/17 Annual Status Report on Receipt and Use of Development Impact Fees and Adopt a Resolution Approving Findings Regarding Unspent Impact Fees (Exempt from CEQA pursuant to Section 15378(b)(4) of the CEQA Guidelines) Receive and file FY 2016/17 Annual Status Report on receipt and use of development impact fees and adopt a Resolution making findings regarding unspent impact fees as required by the Mitigation Fee Act (California Government Code Section 66000 et seq.). ADJOURN TO SPECIAL JOINT MEETING OF THE CITY COUNCIL AND SUNNYVALE FINANCING AUTHORITY Mayor Hendricks adjourned the meeting to the Special Joint Meeting of the City City of Sunnyvale Page 5 City Council Meeting Minutes - Final December 19, 2017 Council and Sunnyvale Financing Authority at 7:48 p.m. CALL TO ORDER Mayor / Authority Board Chair Hendricks called the meeting to order. ROLL CALL Present: 7 - Mayor / Authority Member Hendricks Vice Mayor / Authority Member Larsson Councilmember / Authority Member Griffith Councilmember / Authority Member Klein Councilmember / Authority Member Smith Councilmember / Authority Member Melton Councilmember / Authority Member Goldman PUBLIC COMMENT (ON SPECIAL MEETING ITEMS ONLY) No speakers. GENERAL BUSINESS 2.A 17-1051 Approve Joint City Council and Sunnyvale Financing Authority Meeting Minutes of June 20, 2017 Sunnyvale Financing Authority MOTION: Authority Member Klein moved and Authority Member Larsson seconded the motion to approve the Joint City Council and Sunnyvale Financing Authority Meeting Minutes of June 20, 2017 as submitted. The motion carried by the following vote: Yes: 7 - Mayor / Authority Member Hendricks Vice Mayor / Authority Member Larsson Councilmember / Authority Member Griffith Councilmember / Authority Member Klein Councilmember / Authority Member Smith Councilmember / Authority Member Melton Councilmember / Authority Member Goldman No: 0 2.B 17-0159 Receive and File the FY 2016/17 City and Sunnyvale City of Sunnyvale Page 6 City Council Meeting Minutes - Final December 19, 2017 Financing Authority Budgetary Year-End Financial Report and Approve Budget Modification No. 32 Assistant Director of Finance Kenn Lee provided the staff report and provided a PowerPoint presentation. Assistant Director Lee clarified that the carryover of special projects in Attachment 1 is included in the memo but was not included in the staff recommendation and it should be included as part of the motion if it is the will of the Council. Public Hearing opened at 7:58 p.m. No speakers. Public Hearing closed at 7:58 p.m. City Council: MOTION: Vice Mayor Larsson moved and Councilmember Smith seconded the motion to approve Alternative 1: Receive and file the FY 2016/17 City Budgetary Year End Financial Report and Approve Budget Modification No. 32 adjusting General Fund Revenue, Capital Improvement Projects Reserve and the Budget Stabilization Fund, and approve the carryover of special projects listed in Attachment 1 to the report. The motion carried by the following vote: Yes: 7 - Mayor / Authority Member Hendricks Vice Mayor / Authority Member Larsson Councilmember / Authority Member Griffith Councilmember / Authority Member Klein Councilmember / Authority Member Smith Councilmember / Authority Member Melton Councilmember / Authority Member Goldman No: 0 Sunnyvale Financing Authority: MOTION: Authority Member Larsson moved and Authority Member Melton seconded the motion to approve Alternative 1: Receive and file the FY 2016/17 Sunnyvale Financing Authority Budgetary Year-End Financial Report. The motion carried by the following vote: Yes: 7 - Mayor / Authority Member Hendricks City of Sunnyvale Page 7 City Council Meeting Minutes - Final December 19, 2017 Vice Mayor / Authority Member Larsson Councilmember / Authority Member Griffith Councilmember / Authority Member Klein Councilmember / Authority Member Smith Councilmember / Authority Member Melton Councilmember / Authority Member Goldman No: 0 ADJOURN SPECIAL MEETING Mayor Hendricks adjourned the Special Joint Meeting of the City Council and the Sunnyvale Financing Authority to resume the regular Council meeting at 8:01 p.m. RECONVENE TO CITY COUNCIL MEETING Mayor Hendricks called the regular Council meeting to order at 8:01 p.m. PUBLIC HEARINGS/GENERAL BUSINESS 3 17-1194 Confirm Study Area for the Kifer North Precise Plan (Larger area) or Modify to Include Fortinet Parcels Only (Smaller area); Authorize the City Manager to Enter into Agreements with Ascent Environmental to complete the Planning Study and Environmental Document, and Hexagon Transportation Consultants to complete the associated Transportation Impact Analysis; and Approve Budget Modification No. 33 in the amount of $322,500 if the Larger Area is Confirmed Senior Planner George Schroeder presented the staff report and provided a PowerPoint presentation. Director of Community Development Trudi Ryan provided additional information. Councilmember Klein and Councilmember Goldman disclosed that they met with Fortinet. Vice Mayor Larsson disclosed spoke with the representatives of Fortinet by telephone. Councilmember Smith disclosed she met with Fortinet to discuss the application. Larry Burnett, Senior Director, Real Estate and Facilities, Fortinet, provided City of Sunnyvale Page 8 City Council Meeting Minutes - Final December 19, 2017 information regarding the project and requested selection of a smaller planning area. Public Hearing opened at 8:23 p.m. No speakers. Public Hearing closed at 8:23 p.m. MOTION: Councilmember Melton moved and Councilmember Klein seconded the motion to approve Alternative 2: Modify and select a smaller study area for the Fortinet parcels only; no further action by the City Council is required as the City Manager is authorized to enter into consultant agreements when no City funding is required. 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 4 17-0976 Approve Agreement between the City of Sunnyvale and Bay Area Children’s Theatre for Use of City Facilities at a Below-Market Rate of $24,000 for the Period January 5, 2018 through March 25, 2018 Director of Library and Community Services Cynthia Bojorquez presented the staff report. Public Hearing opened at 8:32 p.m. No speakers. Public Hearing closed at 8:32 p.m. MOTION: Councilmember Klein moved and Vice Mayor Larsson seconded the motion to approve Authorize the City Manager to execute an Agreement between the City of Sunnyvale and Bay Area Children's Theatre for Use of City Facilities from January 5, 2018 through March 25, 2018, substantially in the same form as Attachment 2 of the report, at a discounted rental fee of $600 per performance, for a City of Sunnyvale Page 9 City Council Meeting Minutes - Final December 19, 2017 maximum rental fee of $24,000, when all necessary conditions have been met. 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 5 17-1049 Award a Contract for Fair Oaks Park Renovation Project and Park Design Standards for Construction Project (F17-176) Interim Director of Public Works Craig Mobeck presented the staff report and provided a PowerPoint presentation. Public Hearing opened at 8:45 p.m. No speakers. Public Hearing closed at 8:45 p.m. MOTION: Councilmember Smith moved and Vice Mayor Larsson seconded the motion to approve Alternatives 1 and 2: 1) Award a contract not to exceed $1,081,511 to Verde Design, Inc. for design and construction support for Fair Oaks Renovation Project and Park Design Standards for Construction Project, 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 find that the procurement process for the Park Design Standards for Construction portion is in the best interest of the City; and 2) approve a contract contingency in the amount of $108,151. The motion carried by the following vote: City of Sunnyvale Page 10 City Council Meeting Minutes - Final December 19, 2017 Yes: 7 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Klein Councilmember Smith Councilmember Melton Councilmember Goldman No: 0 6 17-1172 Adopt a Resolution Approving an Exception to the CalPERS 180-Day Waiting Period for Work After Retirement for Brice McQueen, Senior Management Analyst in the Department of Finance Director of Finance Tim Kirby provided the staff report. Public Hearing opened at 8:47 p.m. No speakers. Public Hearing closed at 8:47 p.m. MOTION: Councilmember Smith moved and Vice Mayor Larsson seconded the motion to approve Alternative 1: Adopt a resolution approving the exception to the CalPERS 180 day wait period and appointment of Brice McQueen to the Casual Management 2 position (Government Code Sections 21221(h), 21224 and 7522.56). 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 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS None. City of Sunnyvale Page 11 City Council Meeting Minutes - Final December 19, 2017 NON-AGENDA ITEMS & COMMENTS -Council Councilmember Melton reported that he has asked that a decision of the Planning Commission on December 11, 2017 regarding 2017-7248, 838 Azure Drive, be called for review by the City Council. Councilmember Goldman stated he agrees with the call for review. City Attorney John Nagel stated the Municipal Code requires the request be made in writing. Councilmember Griffith proposed a study issue to examine the effectiveness and need for greater service in terms of WiFi access at City public locations. Councilmember Klein co-sponsored the study issue. -City Manager Interim City Manager Kent Steffens recognized outgoing Interim Director of Public Works for his six years of service to the City. Director of Finance Tim Kirby reported on the pricing of storm water bonds that were approved for refinancing at the December 12 Council meeting. INFORMATION ONLY REPORTS/ITEMS 17-1102 Tentative Council Meeting Agenda Calendar 17-0856 Information/Action Items 17-0766 Board/Commission Meeting Minutes ADJOURNMENT Mayor Hendricks expressed appreciation to Council and staff for their service to the City in 2017. Mayor Hendricks adjourned the meeting at 8:54 p.m. City of Sunnyvale Page 12