City Council

City of Sunnyvale Meeting Minutes - Final City Council Tuesday, January 9, 2018 5:00 PM Council Chambers and West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meetings: Closed Session- 5 PM | Regular Meeting- 7 PM 5 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 5:01 p.m. 2 Roll Call Present: 7 - Mayor Glenn Hendricks Councilmember Gustav Larsson Councilmember Jim Griffith Vice Mayor Larry Klein Councilmember Nancy Smith Councilmember Russ Melton Councilmember Michael S. Goldman Councilmember Goldman arrived at 5:07 p.m. 3 Public Comment No speakers. 4 Convene to Closed Session 18-0045 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 City of Sunnyvale Page 1 City Council Meeting Minutes - Final January 9, 2018 Employee organization: Communication Officers Association (COA) 18-0043 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 5:53 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Mayor Hendricks called the meeting to order. SALUTE TO THE FLAG Mayor Hendricks lead the salute to the flag. ROLL CALL Present: 7 - Mayor Glenn Hendricks Councilmember Gustav Larsson Councilmember Jim Griffith Vice Mayor 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 regarding Communication Officers Association (COA); 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. SPECIAL ORDER OF THE DAY City of Sunnyvale Page 2 City Council Meeting Minutes - Final January 9, 2018 17-1198 SPECIAL ORDER OF THE DAY - National Slavery and Human Trafficking Prevention Month Mayor Hendricks presented a proclamation in recognition of National Slavery and Human Trafficking Prevention Month. ORAL COMMUNICATIONS Director of Public Safety Phan Ngo announced the new “Text to 9-1-1” service. Bo Cheli announced an upcoming event to provide information about Working Scholars. Muthana Ibrahim requested consideration of allowing the use of a car wash at an existing gas station in C1 districts and provided a PowerPoint presentation. Michael Carr continued the previous speaker’s presentation and spoke regarding proposed noise mitigation for the car wash. Jennifer stated she was representing over 500 members of the Sunnyvale Airplane Noise Coalition who are concerned about airplane noise by new flight paths overhead, and stated more detailed study issue request will be presented at the next meeting. Jing Liu spoke regarding airplane noise and pollution, and requested the noise issue to be prioritized. Tony Guom spoke regarding the residents’ and the City’s efforts on the airplane noise issue. CONSENT CALENDAR Mayor Hendricks pulled Item 1.E. MOTION: Vice Mayor Larsson moved and Councilmember Klein seconded the motion to approve Consent Calendar Items 1.A through 1.D. The motion carried by the following vote: City of Sunnyvale Page 3 City Council Meeting Minutes - Final January 9, 2018 Yes: 7 - Mayor Hendricks Councilmember Larsson Councilmember Griffith Vice Mayor Klein Councilmember Smith Councilmember Melton Councilmember Goldman No: 0 1.A 17-0079 Approve City Council Special Meeting Minutes of December 12, 2017 Approve the City Council Special Meeting Minutes of December 12, 2017 as submitted. 1.B 17-1149 Approve City Council Meeting Minutes of December 12, 2017 Approve the City Council Meeting Minutes of December 12, 2017 as submitted. 1.C 18-0007 Approve City Council Meeting Minutes of December 19, 2017 Approve the City Council Meeting Minutes of December 19, 2017 as submitted. 1.D 17-1084 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Approve the list(s) of claims and bills. 1.E 18-0036 Annual Review and Approval of City’s Code of Ethics and Conduct for Elected and Appointed Officials Public Hearing opened at 7:26 p.m. No speakers. Public Hearing closed at 7:26 p.m. MOTION: Vice Mayor Larsson moved and Councilmember Smith seconded the motion to approve Item 1.E. Recommendation: Review and approve the 2018 Code of Ethics and Conduct for Elected and Appointed Officials with no changes from the 2017 Code as set forth in Attachment 1 of the report. City of Sunnyvale Page 4 City Council Meeting Minutes - Final January 9, 2018 The motion carried by the following vote: Yes: 7 - Mayor Hendricks Councilmember Larsson Councilmember Griffith Vice Mayor Klein Councilmember Smith Councilmember Melton Councilmember Goldman No: 0 PUBLIC HEARINGS/GENERAL BUSINESS 2 18-0001 Selection of Vice Mayor for a One-Year Term Effective January 9, 2018 Mayor Hendricks called for nominations for Vice Mayor. Councilmember Griffith nominated Councilmember Klein for Vice Mayor. Councilmember Klein accepted the nomination. There being no further nominations, Mayor Hendricks closed the nominations for Vice Mayor. Mayor Hendricks declared Councilmember Klein has been selected by acclimation to serve as Vice Mayor. 3 18-0042 Approve the Appointment of the City Manager and Approve the Employment Agreement Interim City Manager Kent Steffens stated he has a conflict of interest on this item and left the Council Chambers during discussion on this item. Interim Assistant City Manager Teri Silva provided the staff report. Public Hearing opened at 7:31 p.m. No speakers. Public Hearing closed at 7:31 p.m. MOTION: Councilmember Griffith moved and Councilmember Larsson seconded the motion to approve Action 1, Alternative 1: Appoint Kent Steffens as City Manager City of Sunnyvale Page 5 City Council Meeting Minutes - Final January 9, 2018 and Action 2, Alternative 1: Approve an employment agreement with Kent Steffens as outlined in Attachment 1 to the report and authorize the Mayor to execute the agreement. The motion carried by the following vote Yes: 7 - Mayor Hendricks Councilmember Larsson Councilmember Griffith Vice Mayor Klein Councilmember Smith Councilmember Melton Councilmember Goldman No: 0 4 18-0005 Appoint Councilmembers to Intergovernmental Assignments; Ratify Appointments of Councilmembers made by Outside Agencies; Take Action to Modify, Create, or Terminate Council Subcommittees Interim Assistant City Manager Teri Silva provided the staff report. Silva reported one clarification was received since the agenda was posted: Vice Mayor Klein serves as the Secretary and Treasurer for the Cities Association of Santa Clara County, not just Treasurer as listed in the staff report. Public Hearing opened at 7:38 p.m. No speakers. Public Hearing closed at 7:38 p.m. MOTION: Councilmember Melton moved and Vice Mayor Klein seconded the motion to approve Alternatives 1 through 6: 1) Ratify Community Member Appointments; 2) Reaffirm Board and Commission Liaison Assignments; 3) Take Action to Modify, Create, or Terminate Council Subcommittees; 4) Appoint Councilmembers to Remaining Council Subcommittees and Standing Committees; 5) Assign Councilmembers to serve on External IGR Agencies; and 6) Ratify Appointments Made by Outside Agencies including Pre-ratification of appointments that are still pending; With a modification to Attachment 1, page 1: switch Seat Number 4 and 5 for the period of January through June 2018 such that Vice Mayor Klein would have the City of Sunnyvale Page 6 City Council Meeting Minutes - Final January 9, 2018 Board of Library Trustees and Councilmember Melton will continue with the Bicycle and Pedestrian Advisory Commission, and a clarification of Councilmember Klein’s position as Secretary and Treasurer for the Cities Association. FRIENDLY AMENDMENT: Councilmember Larsson offered a friendly amendment to include dissolving the Ad-Hoc Committee for the Performance Evaluation Tools and Recruitment Process for the City Manager and City Attorney. Councilmember Melton accepted the friendly amendment. FRIENDLY AMENDMENT: Councilmember Melton amended the main motion to recommend Councilmember Larsson to serve as the Alternate on the Silicon Valley Clean Energy Authority. The motion carried by the following vote Yes: 7 - Mayor Hendricks Councilmember Larsson Councilmember Griffith Vice Mayor Klein Councilmember Smith Councilmember Melton Councilmember Goldman No: 0 5 18-0006 Approve the Proposed 2018 Priority Advocacy Issues and Short-term Legislative Advocacy Positions (LAPs) Interim Assistant City Manager Teri Silva provided the staff report. Public Hearing opened at 7:43 p.m. No speakers. Public Hearing closed at 7:43 p.m. MOTION: Councilmember Griffith moved and Councilmember Larsson seconded the motion to approve Alternative 2: Approve the Proposed 2018 Priority Advocacy Issues and Short term Legislative Advocacy Positions with two proposed modifications: 1 – Add to Section 3. Environmental Regulatory & Conservation Issues, specific mention of the City of Sunnyvale opposing efforts to allow additional oil drilling off the coast of California as proposed by President Trump; and 2 – to make wording changes as proposed by staff regarding SB 1383, and encouraging the streamlining of the regulatory environment to allow for easier creation and City of Sunnyvale Page 7 City Council Meeting Minutes - Final January 9, 2018 maintenance of organic waste disposal facilities. The motion carried by the following vote: Yes: 7 - Mayor Hendricks Councilmember Larsson Councilmember Griffith Vice Mayor Klein Councilmember Smith Councilmember Melton Councilmember Goldman No: 0 6 18-0003 Determine the 2018 Seating Arrangements for City Council By consensus and in order of seniority, Council determined the seating arrangements for 2018 as follows: Mayor Hendricks will remain in the Mayor’s seat; Vice Mayor Klein selected the seat to the Mayor’s right (facing the audience); Councilmember Griffith selected to remain in the seat to the Mayor’s left; Councilmember Larsson selected to take the seat to Councilmember Griffith’s left; Councilmember Smith selected to take the seat to the Vice Mayor’s right; Councilmember Melton selected to remain in the seat at the far end to the Mayor’s right; Councilmember Goldman remained in the seat at the far end to the Mayor’s left. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Mayor Hendricks reported his attendance at a meeting of the VTA Board as the Alternate. Councilmember Smith reported the League of California Cities Women’s’ Caucus released a press statement on sexual assault and harassment in the workplace. NON-AGENDA ITEMS & COMMENTS -Council Councilmember Griffith announced January 9th is National Law Enforcement Day. -City Manager City of Sunnyvale Page 8 City Council Meeting Minutes - Final January 9, 2018 City Manager Kent Steffens provided a reminder that the next Council meeting is the annual Strategic Session, to be held January 19 at 8:30 a.m. at Washington Park Building. INFORMATION ONLY REPORTS/ITEMS 17-1169 Tentative Council Meeting Agenda Calendar 17-1168 Information/Action Items 17-0330 Study Session Summary of October 17, 2017 - Joint Study Session with Council and Bicycle and Pedestrian Advisory Commission 17-1181 Board/Commission Meeting Minutes ADJOURNMENT Mayor Hendricks adjourned the meeting at 7:59 p.m. City of Sunnyvale Page 9