City Council

City of Sunnyvale Meeting Minutes - Final City Council Tuesday, February 6, 2018 5:45 PM Council Chambers and West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Closed Session- 5:45 PM | Regular Meeting- 7 PM 5:45 P.M. SPECIAL COUNCIL MEETING (Closed Session) Vice Mayor Klein 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 Klein called the meeting to order at 5:48 p.m. 2 Roll Call Present: 7 - Mayor Glenn Hendricks Vice Mayor Larry Klein Councilmember Jim Griffith Councilmember Gustav Larsson Councilmember Nancy Smith Councilmember Russ Melton Councilmember Michael S. Goldman Councilmember Griffith arrived at 5:49 p.m. 3 Public Comment No speakers. 4 Convene to Closed Session 18-0008 Closed Session held pursuant to California Government Code Section 54957 (a): THREAT TO PUBLIC SERVICES OR FACILITIES Topic: Council Chambers Security Consultation with Sunnyvale Department of Public Safety: Phan Ngo, Director of Public Safety and Captain James City of Sunnyvale Page 1 City Council Meeting Minutes - Final February 6, 2018 Boone; John Nagel, City Attorney 18-0097 Closed Session held pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Kent Steffens, City Manager; Teri Silva, Assistant City Manager Employee organization: Public Safety Managers Association (PSMA) 5 Adjourn Special Meeting Vice Mayor Klein adjourned the meeting at 6:27 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: 7 - Mayor Glenn Hendricks Vice Mayor Larry Klein Councilmember Jim Griffith Councilmember Gustav Larsson Councilmember Nancy Smith Councilmember Russ Melton Councilmember Michael S. Goldman Mayor Hendricks announced the meeting would be closed in honor of the memory of Councilmember Nancy Smith’s father, Dale Hirstein. CLOSED SESSION REPORT Vice Mayor Klein reported the Council met in Closed Session pursuant to California Government Code Section 54957 (a): Threat to Public Services or Facilities; Topic: Council Chambers Security; Consultation with Sunnyvale Department of Public Safety: Phan Ngo, Director of Public Safety and Captain James Boone; John Nagel, City Attorney; nothing to report. City of Sunnyvale Page 2 City Council Meeting Minutes - Final February 6, 2018 Vice Mayor Klein reported the Council met in Closed Session held pursuant to California Government Code Section 54957.6: Conference with Labor Negotiators; Agency designated representatives: Kent Steffens, City Manager; Teri Silva, Assistant City Manager; Employee organization: Public Safety Managers Association (PSMA); nothing to report. ORAL COMMUNICATIONS Councilmember Larsson announced an upcoming Innovate Climate Action in Sunnyvale workshop and challenge. Scott Brizzolara spoke regarding the brightness and blueness of the new LED street lamps. Eric Krock spoke in opposition to SB 827 and SB 828 and requested Council oppose the bills. William Barry spoke in opposition to SB 827 and SB 828. Lorraine Nishikawa spoke in opposition to SB 827 and SB 828 and requested Council oppose the bills. Hans spoke in opposition to SB 827 and SB 828 and requested Council oppose the bills. Alan Ross, representing Friends of Stevens Creek Trail, provided information regarding an upcoming project regarding an impediment to fish passage by Deep Cliff Golf Course and requested Council support of the ongoing process to improve the creek. Richard McMurtry spoke regarding fish migration barriers along Stevens Creek, provided written materials, and requested Council place the item on an agenda at a future meeting. CONSENT CALENDAR Mayor Hendricks announced Item 1.D would be pulled from the Consent Calendar. MOTION: Vice Mayor Klein moved and Councilmember Larsson seconded the motion to approve Consent Calendar Items 1.A, 1.B, 1.C, 1.E, 1.F, 1.G and 1.H. City of Sunnyvale Page 3 City Council Meeting Minutes - Final February 6, 2018 The motion carried by the following vote: Yes: 7 - Mayor Hendricks Vice Mayor Klein Councilmember Griffith Councilmember Larsson Councilmember Smith Councilmember Melton Councilmember Goldman No: 0 1.A 18-0065 Approve City Council Meeting Minutes of January 23, 2018 Approve the City Council Meeting Minutes of January 23, 2018 as submitted. 1.B 17-1086 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 18-0074 Receive and File the City of Sunnyvale Investment Report - 4th Quarter 2017 Receive and file the City of Sunnyvale FY 2017/18 - Fourth Quarter 2017 (Period 7) Investment Report. 1.D 17-1166 Accept the Addendum to the Water Pollution Control Plant Master Plan Program EIR, Authorize the City Manager to Accept Grant Funds, and Execute a Sub-recipient Grant Agreement and Approve Budget Modification No. 39 to Appropriate $380,000 from the San Francisco Bay Water Quality Improvement Fund Grant for the Caribbean Drive Green Street Demonstration Project City Manager Kent Steffens provided a brief report and recommended Council not approve this tonight but give direction to staff to look at potential bike and safety enhancements and to bring it back to Council in a couple of months with other options. Public Hearing opened at 7:22 p.m. Kira Od spoke regarding the right to public parking access for recreational uses at City of Sunnyvale Page 4 City Council Meeting Minutes - Final February 6, 2018 the location. Kristel Wickham, Sustainability Commission member speaking for herself, urged the Council to defer this item and requested direction to staff to reevaluate the bicycle portion of the project to be sure it is designed with the highest safety standards for bicyclists. Wickham recommended Council consult with the Bicycle and Pedestrian Advisory Commission and with the recommendations of the Silicon Valley Bicycle Coalition. Shiloh Ballard, Executive Director, Silicon Valley Bicycle Coalition, spoke regarding the importance of safety, clear staff direction to elevate sensitivity to safety, and working with partners. Tim Oey, Bicycle and Pedestrian Advisory Commission member speaking for himself, spoke in support of bicycle safety and requested deferral of this item. Kevin Jackson spoke regarding the cyclist fatality on Caribbean Drive, expressed concerns regarding bicycle safety, and requested the Bicycle and Advisory Commission to be given an opportunity to provide input on this and all relevant projects. Public Hearing closed at 7:32 p.m. MOTION: Vice Mayor Klein moved and Councilmember Smith seconded the motion to postpone the item as written and to further study safety in this region as staff looks at future grants along Caribbean, and that those improvements include, but are not limited to: cycle tracks, additional spacing, and other measures in order to improve cycling and pedestrian traffic at this intersection. Councilmember Larsson requested clarification that the motion includes direction to staff to bring back the grant authorization at the appropriate time. Vice Mayor Klein confirmed this is included in the motion. The motion carried by the following vote: City of Sunnyvale Page 5 City Council Meeting Minutes - Final February 6, 2018 Yes: 7 - Mayor Hendricks Vice Mayor Klein Councilmember Griffith Councilmember Larsson Councilmember Smith Councilmember Melton Councilmember Goldman No: 0 1.E 17-1187 Reject Proposals for Emergency Operations Center Site Analysis and Feasibility Study (F18-141) Reject both proposals received in response to Request for Proposals (RFP) F18-141. 1.F 17-1203 Authorize Amending an Existing Contract for the Preliminary Design and Environmental Clearance of the Bernardo Undercrossing Project (F17-075) and Approve a Cost Sharing Agreement with the City of Mountain View and a Service Agreement with the Peninsula Corridor Joint Powers Board Regarding the Project and Approval of Budget Modification No. 38 1) Authorize the City Manager to execute a first amendment, in substantially the same form as Attachment 1 to the report, to increase the not to exceed contract amount for the existing consultant services agreement with WMH Corporation from $586,577 to $1,051,721, 2) approve a 8.8% contingency in the amount of $92,848, 3) authorize the City Manager to execute a Cost Sharing Agreement with the City of Mountain View regarding the Project, 4) authorize the City Manager to execute a Service Agreement with the Peninsula Corridor Joint Powers Board in the amount of $20,500, and 5) approve a Budget Modification No. 38 in the amount of $532,158 to fund the contract, recognize revenue from the City of Mountain View, and fund the balance of the Peninsula Corridor Joint Powers Board Service Agreement. 1.G 18-0126 Adopt Ordinance No. 3130-18 amending the Precise Zoning Plan, Zoning Districts Map, to Rezone 79 contiguous properties located on Pome Avenue, Pomengranate Court, Pulora Court, Qunice Avenue, Sheraton Avenue, and Hollenbeck Avenue from R-1 (Low Density Residential) to R-1/S (Low Density Residential/Single-Story) City of Sunnyvale Page 6 City Council Meeting Minutes - Final February 6, 2018 Adopt Ordinance No. 3130-18. 1.H 18-0135 Approve 2018 Board and Commission Work Plans Approve the 2018 work plans as submitted. PUBLIC HEARINGS/GENERAL BUSINESS 2 18-0100 Proposed Project: General Plan Amendment Initiation: to consider amendments to the Moffett Park Specific Plan File #: 2017-7743 Locations: Moffett Park Specific Plan Area Applicant / Owner: Google, Inc. (applicant) / various owners Environmental Review: The project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 (a). Councilmember Griffith announced the item involves a competitor to his employer, recused himself and left the room. Councilmember Melton, Councilmember Goldman, Vice Mayor Klein, Councilmember Larsson, Councilmember Smith and Mayor Hendricks each disclosed they met individually with representatives of Google. Planning Officer Andrew Miner provided the staff report. Director of Community Development Trudi Ryan provided additional information. Applicant Jeff Holzman, Director of District Development with the real estate group at Google, Inc., spoke regarding the proposed study and provided a PowerPoint presentation. Public Hearing opened at 8:36 p.m. Pamela Putman spoke in agreement with the speakers earlier in the meeting and encouraged consideration of cyclists and bicycle safety. Boban Jose, small business owner in the Moffett Plaza, expressed concerns regarding the loss of small businesses that are being bought by Google and urged Council to consider small family businesses. Mimi Khuc spoke regarding her family’s small business in the small shopping City of Sunnyvale Page 7 City Council Meeting Minutes - Final February 6, 2018 complex and requested Council not approve the project. Jacquelyn Khuc spoke regarding the impact of the Google development on their family business in Moffett Plaza, and requested consideration of the impact on their lives. Kira Od asked that Google involve local biologists and consider birds and wildlife in the area. Mike Samuel, owner of a small business in Moffett Park, expressed concern regarding the future of the area and requested consideration of the effects of development on the businesses in that area. Zachary Kaufman spoke regarding consideration of satellite production and the ecosystem that supports it, and what it means to the city fiscally. Mike Serrone spoke in support of the open space and trails, the reference to placemaking, mixed use and residential development, and encouraged the City to proceed with the study. Sue Serrone spoke in support of the study and the comments by the Planning Commission. Serrone expressed concerns regarding sea level rise, heat and flooding and spoke in support of the opportunity to study housing needs and requested inclusion of a jobs-housing fit metric. Nichole Montojo, SV@Home, spoke in support for the study of the Moffett Park Plan and encouraged jobs-housing fit and features that would support affordable housing. Angela Rausch, Bicycle and Pedestrian Advisory Commission member speaking for herself, spoke in support of the study of mixed use, connectivity of cyclists and pedestrians, and more housing. Mark Roest, SeaWave Battery, spoke regarding high capacity elevated transit systems and other technologies for connectivity. Kerry Haywood, Executive Director, Moffett Park Business Group, requested support for the study to update the Moffett Park Specific Plan and support for the staff recommendation. City of Sunnyvale Page 8 City Council Meeting Minutes - Final February 6, 2018 Ben Pacho, Silicon Valley Bicycle Coalition speaking for himself, expressed support for the amendment to the Moffett Park Specific Plan. Pacho also expressed support for Council’s action on Consent Calendar Item 1.D. Mason Fong, Board of Library Trustees member speaking for himself, spoke in support of the study. Applicant Jeff Holzman responded to questions. Public Hearing closed at 9:07 p.m. MOTION: Vice Mayor Klein moved and Councilmember Larsson seconded the motion to approve Alternatives 1, 2 (A and B) and 3 (A, B, and C i - viii): 1) Initiate a General Plan/Specific Plan Amendment study to consider amending the Moffett Park Specific Plan; 2) Direct staff: A) to prepare a work plan and project description after initial community outreach and return to the Planning Commission for a recommendation and to City Council for action and B) to commence work on the amendment studies only if fully paid for by the applicant(s); and, 3) Direct staff to include the following scope items as suggested by the Planning Commission and modified by staff: A. Water Supply Assessment. B. Access at State Highway 237. C. Bicycle and Pedestrian Master Plan. Prepare a bike and pedestrian circulation plan that considers the following aspects: i. Type IV bicycle lanes ii. Light Rail and other transportation iii. Potential transportation gaps and mitigation measures iv. Borregas Avenue bridge access v. Mountain View connection via Moffett Drive vi. Bike and pedestrian access points to the Bay trail vii. Sidewalk width consistency with VTA, Caltrans and AASHTO standards viii. Public safety impacts related to Fire Station Five The motion carried by the following vote: City of Sunnyvale Page 9 City Council Meeting Minutes - Final February 6, 2018 Yes: 6 - Mayor Hendricks Vice Mayor Klein Councilmember Larsson Councilmember Smith Councilmember Melton Councilmember Goldman No: 0 Recused: 1 - Councilmember Griffith Council recessed at 9:35 p.m. Council reconvened at 9:46 p.m. with all Councilmembers present. 3 18-0062 Introduce an Ordinance to Amend Sunnyvale Municipal Code Section 19.68.040 (Accessory Dwelling Units) and Find that the Action is Exempt from Environmental Review Pursuant to Public Resources Code Section 21080.17 Director of Community Development Trudi Ryan provided the staff report. Public Hearing opened at.9:48 p.m. No speakers. Public Hearing closed at 9:48 p.m. MOTION: Vice Mayor Klein moved and Councilmember Larsson seconded the motion to approve Alternative 1: Make the finding that the action is exempt from the California Environmental Quality Act pursuant to Public Resources Code Section 21080.17 and introduce an Ordinance (Attachment 2 to the report) to adopt the proposed amendments to Sunnyvale Municipal Code Section 19.68.040 (Accessory Dwelling Units). City Clerk Kathleen Franco Simmons read the ordinance title. The motion carried by the following vote: City of Sunnyvale Page 10 City Council Meeting Minutes - Final February 6, 2018 Yes: 6 - Mayor Hendricks Vice Mayor Klein Councilmember Griffith Councilmember Larsson Councilmember Smith Councilmember Melton No: 0 Abstain: 1 - Councilmember Goldman 4 18-0120 Approve Memorandum of Understanding between the City of Sunnyvale and the Communication Officers Association, Adopt two Resolutions: (1) Amending the City's Salary Resolution and the Schedule of Pay to Increase Salaries for Pay Plan Category A (Classified Employees Represented by the Communication Officers Association (“COA”)), and (2) For Paying and Reporting the Value of Employer Paid Member Contributions for CalPERS Retirement for COA Employees Interim Director of Human Resources Anthony Giles provided the staff report. Public Hearing opened at 9:54 p.m. No speakers. Public Hearing closed at 9:54 p.m. MOTION: Councilmember Larsson moved and Councilmember Smith seconded the motion to approve Alternative 1: Authorize the City Manager to Execute the Memorandum of Understanding between the City of Sunnyvale and the Communication Officers Association, Adopt two Resolutions: 1) Amending the City's Salary Resolution and the Schedule of Pay to Increase Salaries for Pay Plan Category A (Classified Employees Represented by the Communication Officers Association), and 2) for Paying and Reporting the Value of Employer Paid Member Contributions for CalPERS Retirement for COA employees. The motion carried by the following vote: City of Sunnyvale Page 11 City Council Meeting Minutes - Final February 6, 2018 Yes: 7 - Mayor Hendricks Vice Mayor Klein Councilmember Griffith Councilmember Larsson Councilmember Smith Councilmember Melton Councilmember Goldman No: 0 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Councilmember Smith reported her attendance at a meeting of the Santa Clara County Creeks Coalition in which fish passage into Stevens Creek was discussed. MOTION: Councilmember Smith moved and Vice Mayor Klein seconded the motion to direct staff to place on a future agenda an item with a recommendation regarding contributing funds to the Santa Clara County Creeks Coalition. The motion carried by the following vote: Yes: 7 - Mayor Hendricks Vice Mayor Klein Councilmember Griffith Councilmember Larsson Councilmember Smith Councilmember Melton Councilmember Goldman No: 0 NON-AGENDA ITEMS & COMMENTS -Council None. -City Manager City Manager Kent Steffens noted an Information Only item in the agenda packet regarding 2017 Housing Legislation. INFORMATION ONLY REPORTS/ITEMS City of Sunnyvale Page 12 City Council Meeting Minutes - Final February 6, 2018 18-0067 Tentative Council Meeting Agenda Calendar 18-0056 Information/Action Items 17-1208 Review of 2017 Housing Legislation (Information Only) 18-0038 Board/Commission Meeting Minutes ADJOURNMENT Councilmember Smith provided comments in honor of the memory of her father, Dale Hirstein. Following a moment of silence, Mayor Hendricks adjourned the meeting at 10:08 p.m. City of Sunnyvale Page 13