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City Council

Regular Meeting

Sunnyvale, CA · June 26, 2018

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City of Sunnyvale Meeting Minutes - Final City Council Tuesday, June 26, 2018 5:00 PM Council Chambers and West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting - Closed Session- 5 PM | Regular Meeting- 7 PM | Special Joint Meetings: City Council and the Redevelopment Successor Agency; City Council and the Sunnyvale Financing Authority- 7 PM TELECONFERENCE NOTICE 5 P.M. SPECIAL COUNCIL MEETING (Closed Session) Vice Mayor Klein announced the items for Closed Session and invited any members of the public who wished to address the Council regarding these items to comment. Councilmember Larsson announced the items for Closed Session at the teleconference location. There were no speakers wishing to make public comments at that location. 1 Call to Order in the West Conference Room (Open to the Public) Vice Mayor Klein called the meeting to order at 5:01 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 3 Public Comment No speakers. 4 Convene to Closed Session 18-0580 Closed Session held pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR City of Sunnyvale Page 1 City Council Meeting Minutes - Final June 26, 2018 NEGOTIATORS Agency designated representatives: Council Compensation Subcommittee Members Glenn Hendricks, Larry Klein, Russ Melton Unrepresented Employee: City Attorney 18-0448 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One case 5 Adjourn Special Meeting Vice Mayor Klein adjourned the meeting at 6:21 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 Vice Mayor Larry Klein Councilmember Jim Griffith Councilmember Gustav Larsson Councilmember Nancy Smith Councilmember Russ Melton Councilmember Michael S. Goldman CLOSED SESSION REPORT Vice Mayor Klein reported that the Council met in Closed Session pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS for Unrepresented Employee City Attorney; nothing to report. Vice Mayor Klein reported that the Council met in Closed Session CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One case; nothing to report. City of Sunnyvale Page 2 City Council Meeting Minutes - Final June 26, 2018 SPECIAL ORDER OF THE DAY 18-0301 SPECIAL ORDER OF THE DAY - Parks and Recreation Month Mayor Hendricks presented a proclamation for Parks and Recreation Month to Director of Library and Community Services Cynthia Bojorquez and Director of Public Works Chip Taylor. ORAL COMMUNICATIONS Councilmember Griffith announced an upcoming application deadline for Boards and Commissions. Mayor Hendrick announced a Town Hall meeting on Aviation Noise is scheduled for August 21, 2018 at 6:00 p.m. at the Sunnyvale Community City Ballroom. Steve Scandalis provided information and a slide presentation regarding the 2016 Measure M on the Sunnyvale Public Lands Act and campaign contributions. Andy Frazer provided information and a slide presentation on World Oceans Day/Week. Joshua Grossman spoke regarding campaign finance reform and the PARCS proposal. Michael Lee spoke in opposition to the installation of small node cell utility equipment in his residential area and provided written materials. Sonya Lee spoke in opposition to the installation of small node cell equipment and requested the city to readdress the policy on allowing node cell equipment in residential areas. Maria Hamilton spoke regarding new infill developments, destruction of single family neighborhoods, and updating the General Plan. Deborah Marks extended an invitation from Sunnyvale Urban Forest Advocates (SUFA) to a walking tour of the Civic Center trees. Tap Merrick spoke regarding loss of public access to parts of Sunnyvale property at Raynor Park and expressed concerns on the City losing the rights to the property City of Sunnyvale Page 3 City Council Meeting Minutes - Final June 26, 2018 going forward. Henry Alexander III spoke on transparency in government and provided a slide presentation. David Wessel spoke regarding cell towers in residential neighborhoods and suggested moving towers into commercial areas. Mr. Wessel also spoke on an action taken by the Planning Commission. Councilmember Larsson reported no speakers were present to address the council from the teleconference location. CONSENT CALENDAR MOTION: Vice Mayor Klein moved and Councilmember Melton seconded the motion to approve the Consent Calendar. The motion carried by the following vote: 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 1.A 18-0436 Approve City Council Meeting Minutes of June 12, 2018 1.B 17-1114 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager 1.C 18-0500 Approve NOVA as America’s Job Center of California (AJCC) Operator for NOVA Workforce Development Area 1.D 18-0447 Approve Grant Acceptance and Budget Modification No. 52 to Appropriate $698,625 from the State of California Department of Transportation (Caltrans) Railway-Highway Crossings (Section 130) for Grade Crossing Safety Improvements at Mary Avenue and Caltrain Track CPUC No. 105E-37.90, Federal DOT No. 755037V; and Authorize the City Manager to Execute All Grant Related Documents City of Sunnyvale Page 4 City Council Meeting Minutes - Final June 26, 2018 1.E 18-0450 Approve a Transportation/Traffic Impact Fee Reimbursement Agreement with Remington LLC for the Construction of Intersection Improvements at 1010 Sunnyvale Saratoga Road and Approve Budget Modification No. 51 to appropriate $417,831 to a New Project, Improvements at Sunnyvale Saratoga Road and Remington Drive. 1.F 18-0520 Accept the Highway Safety Improvement Program Grant of $844,800, and Approve Budget Modification No. 53 to Appropriate the Grants to Fund the Advance Dilemma Zone Detection Project. 1.G 18-0523 Amend an Existing Agreement with Synagro-WWT for Dredging and Dewatering of solids at the Water Pollution Control Plant (F18-287) 1.H 18-0537 Adopt a Resolution Amending the City's Salary Resolution and the Schedule of Pay to Increase Salaries for Pay Plan Category C (Public Safety Officers Association) and Pay Plan Category M (Public Safety Managers Association) 1.I 18-0498 Approval of Budget Modification No. 50 in the amount of $300,000 for Public Safety Emergency Generator Rental 1.J 18-0443 Approve Budget Modification No. 54 to Appropriate $250,000 to Fiscal Year 2017/18 for the All-Inclusive Playground Project 1.K 18-0553 Authorize Amending an Existing Contract for Traffic Signal Maintenance Services (F18-296) and Approve Budget Modification No. 55 ADJOURN TO SPECIAL JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT SUCCESSOR AGENCY Mayor Hendricks adjourned to the Special Joint Meeting of the City Council and Redevelopment Successor Agency at 7:38 p.m. CALL TO ORDER Mayor / Agency Chair Hendricks called the Joint Meeting to order at 7:38 p.m. ROLL CALL City of Sunnyvale Page 5 City Council Meeting Minutes - Final June 26, 2018 Present: 7 - Mayor/Agency Chair Glenn Hendricks Vice Mayor/Agency Vice Chair Larry Klein Councilmember/Agency Member Jim Griffith Councilmember/Agency Member Gustav Larsson Councilmember/Agency Member Nancy Smith Councilmember/Agency Member Russ Melton Councilmember/Agency Member Michael S. Goldman PUBLIC HEARING/GENERAL BUSINESS 2 18-0556 Approve the Fourth Amendment to Outside Counsel Agreement with Goldfarb Lipman for Litigation Services Pertaining to the Three Lawsuits Related to the Dissolution of the Redevelopment Agency City Attorney John Nagel provided the staff report. Public Hearing opened at 7:40 p.m. No speakers. Public Hearing closed at 7:40 p.m. City Council: MOTION: Councilmember Smith moved and Vice Mayor Klein seconded the motion to authorize the City Attorney to execute a Fourth Amendment, in substantially the same form as attachment 1 to the report, to the Outside Counsel Agreement with the law firm of Goldfarb Lipman to increase the not to exceed amount by $25,000, for a new not to exceed contract amount of $245,000. 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 Redevelopment Successor Agency: City of Sunnyvale Page 6 City Council Meeting Minutes - Final June 26, 2018 MOTION: Agency Member Smith moved and Agency Member Klein seconded the motion to authorize the Agency Counsel to execute a Fourth Amendment, in substantially the same form as Attachment 1 to the report, to the Outside Counsel Agreement with the law firm of Goldfarb Lipman to increase the not to exceed amount by $25,000, for a new not to exceed contract amount of $245,000. The motion carried by the following vote: Yes: 7 - Mayor/Agency Chair Glen Hendricks Vice Mayor/Agency Chair Larry Klein Councilmember/Agency Member Jim Griffith Councilmember/Agency Member Gustav Larsson Councilmember/Agency Member Nancy Smith Councilmember/Agency Member Russ Melton Councilmember/Agency Member Michael S. Goldman No: 0 ADJOURN TO SPECIAL JOINT MEETING OF THE CITY COUNCIL AND SUNNYVALE FINANCING AUTHORITY Mayor Hendricks adjourned to the Special Joint Meeting of the City Council and Sunnyvale Financing Authority at 7:43 p.m. CALL TO ORDER Mayor / Authority Member Hendricks called the meeting to order at 7:43 p.m. ROLL CALL Present: 7 - Mayor/Authority Chair Glenn Hendricks Vice Mayor/Authority Vice Chair Larry Klein Councilmember/Authority Member Jim Griffith Councilmember/Authority Member Gustav Larsson Councilmember/Authority Member Nancy Smith Councilmember/Authority Member Russ Melton Councilmember/Authority Member Michael S. Goldman PUBLIC HEARINGS/GENERAL BUSINESS 3 18-0063 City Council Adoption of the FY 2018/19 Budget, Fee Schedule, and Appropriations Limit and Sunnyvale Financing Authority Adoption of the FY 2018/19 Budget Director of Finance Tim Kirby and Kenn Lee provided the staff report. City of Sunnyvale Page 7 City Council Meeting Minutes - Final June 26, 2018 Public Hearing opened at 7:45 p.m. No speakers. Public Hearing closed at 7:45 p.m. City Council: MOTION: Vice Mayor Klein moved and Councilmember Melton seconded the motion to approve Alternative 1: Adopt the resolutions presented as Attachment 1 (including Exhibit A), attachment 2 (including Exhibits A through D), and Attachment 3 (including Exhibit A) to the report that provide for the adoption of the FY 2018/19 Fee Schedule, Budget, and Appropriations Limit. AMENDED MOTION: Vice Mayor Klein amended his motion to approve Alternative 1 only. Councilmember Melton seconded the amended motion. The amended 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 Sunnyvale Financing Authority: MOTION: Authority Member Melton moved and Authority Member Smith seconded the motion to approve Alternative 2: Adopt the FY 2018/19 Budget Resolution (Sunnyvale Financing Authority) presented as Attachment 4 to the report. The motion carried by the following vote: Yes: 7 - Mayor/Authority Chair Glen Hendricks Vice Mayor/Authority Chair Larry Klein Councilmember/Authority Member Jim Griffith Councilmember/Authority Member Gustav Larsson Councilmember/Authority Member Nancy Smith Councilmember/Authority Member Russ Melton City of Sunnyvale Page 8 City Council Meeting Minutes - Final June 26, 2018 Councilmember/Authority Member Michael S. Goldman No: 0 ADJOURN SPECIAL MEETING Mayor Hendricks adjourned the special meeting at 8:00 p.m. Council recessed at 8:00 p.m. RECONVENE TO CITY COUNCIL MEETING Council reconvened at 8:06 p.m. RECONVENE TO CITY COUNCIL MEETING PUBLIC HEARINGS/GENERAL BUSINESS 4 18-0592 Approve the Statement Supporting the US Conference of Mayors to Reverse the Department of Homeland Security’s Family Separation Policies, and Authorize the Mayor to Advocate Against Such Policies Mayor Hendricks and Councilmember Griffith presented the report. Public hearing opened at 8:15 p.m. Zoe Levitt, Working Partnerships USA, spoke regarding the organization and spoke in support of the letter. She urged the Council to consider additional action which includes not working with the companies that do not align with the City’s values and not supporting companies that are currently enabling the Trump administration to continue its daily human rights abuses. Reverend Deborah Simons spoke in support of the letter and requested the Council demand the US government stop family separations. Margaret Okuzumi spoke in support of the letter and urged the support of abolishing Immigration and Customs Enforcement (ICE). Asaboubacar Ndiaye spoke in support of the letter with the additional language and suggested that the City look at the contracts it has awarded to ensure the companies are in alignment with the values of the City. City of Sunnyvale Page 9 City Council Meeting Minutes - Final June 26, 2018 Joyce Eden spoke in support of the letter and requested that the letter be amended to include a language that accounts for every child’s whereabouts and familial relationship. John Cordes spoke in support of the letter as amended to hold DHS leadership accountable. Mason Fong spoke in support of the letter and encouraged involvement in an action forum. Tap Merrick spoke in support of the letter and urged the Council to denounce President Trump and his political party. Public Hearing closed at 8:33 p.m. MOTION: Councilmember Melton moved and Councilmember Smith seconded the motion to Alternative 1: Approve and authorize the Mayor to sign the Statement Supporting the US Conference of Mayors to Reverse the Department of Homeland Security’s Family Separation Policies and Authorize the Mayor to Advocate Against Such Policies. FORMAL AMENDMENT: Councilmember Melton moved an amendment to insert a paragraph that the Council joins US Senator Kamala Harris and Congressman Ro Khanna in calling for the resignation of DHS Director Kirstjen Nielsen. Councilmember Smith seconded the motion. The motion to amend the main motion carried by the following vote: Yes: 6 - Mayor Hendricks Vice Mayor Klein Councilmember Griffith Councilmember Larsson Councilmember Smith Councilmember Melton No: 0 Abstain: 1 - Councilmember Goldman The amended motion carried by the following vote: City of Sunnyvale Page 10 City Council Meeting Minutes - Final June 26, 2018 Yes: 7 - Mayor Hendricks Vice Mayor Klein Councilmember Griffith Councilmember Larsson Councilmember Smith Councilmember Melton Councilmember Goldman No: 0 The Council recessed at 8:58 p.m. and reconvened at 9:05 p.m. with all Councilmembers present. 5 18-0304 Proposed Utility Rate Increases for FY 2018/19 Rates for Water, Wastewater, and Solid Waste Utilities for Services Provided to Customers Within and Outside City Boundaries; Finding of CEQA Exemption Pursuant to Public Resource Code Section 21080(b)(8) and CEQA Guidelines Section 15273 Director of Finance Tim Kirby provided the staff report. Chief Financial Officer for the Santa Clara Valley Water District Darren Taylor provided additional information and a slide presentation. Public Hearing opened at 9:56 p.m. No speakers. Public Hearing closed at 9:56 p.m. MOTION: Councilmember Griffith moved and Councilmember Melton seconded the motion to approve Alternatives 1 and 2: 1) Find that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(8) and CEQA Guidelines Section 15273 because it approves rates and charges for the purposes of (1) meeting operating expenses, including employee wage rates and fringe benefits; (2) purchasing or leasing supplies, equipment or materials; (3) meeting financial reserve needs and requirements; and (4) obtaining funds for capital projects necessary to maintain current service levels; and 2) Adopt a resolution increasing water, wastewater, and solid waste rates for FY 2018/19. City of Sunnyvale Page 11 City Council Meeting Minutes - Final June 26, 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 6 18-0315 Adopt a Resolution to Cause Charges for Non-Payment of Delinquent Utility Charges to be placed on the FY 2018/19 County of Santa Clara Property Tax Roll Director of Finance Tim Kirby provided the staff report and noted there is a revised attachment that will be included in the resolution. Public Hearing opened at 10:04 p.m. No speakers. Public Hearing closed at 10:04 p.m. MOTION: Councilmember Griffith moved and Councilmember Melton seconded the motion to approve Alternative 1: Adopt a Resolution to Cause Charges for Non Payment of Delinquent Utility Charges to be placed on the FY 2018/19 County of Santa Clara Property Tax Roll as amended by the Director of Finance Tim Kirby to include the amended attachment. 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 City of Sunnyvale Page 12 City Council Meeting Minutes - Final June 26, 2018 7 18-0528 Introduce an ordinance amending Sunnyvale Municipal Code (SMC) Chapter 2.07 to add special requirements for approval of certain sale and lease agreements involving publicly accessible recreation and city service (PARCS) properties, and adopt a Resolution approving the list of PARCS properties subject to the requirements of the amended SMC Chapter 2.07 Interim Deputy City Manager Jane Chambers provided the staff report. Property Administrator Shireen Nafie and City Attorney John Nagel provided additional information. Public Hearing opened at 10:49 p.m. Peter Cirigliano expressed support for the staff recommendation. Tap Merrick spoke regarding campaign contributions during the Measure M ballot measure. Jean Batryn spoke in support of a ballot measure. Henry Alexander III spoke in support of a ballot measure and expressed the importance of increasing transparency. He suggested looking at it from a standpoint of acreage as opposed to consideration of whether it should be decided by a supermajority. Mei-Ling Steffan spoke in opposition to the ordinance and urged Council to direct staff to prepare a ballot measure similar to the City of Santa Clara. John Cordes spoke in support of the provision of the ordinance increasing the vote to a supermajority of six to overturn and recommended putting a measure on the ballot. Chris Moylan recommended a ballot measure that the city would never sell a park without a public vote. Steve Scandalis recommended adding certain properties or lands on the PARCS list; he inquired as to whether a supermajority vote counts abstentions, spoke in support of a ballot measure, and stated he does not support a council vote to change or add to the PARCS list and if there is a council vote, he supports a vote of City of Sunnyvale Page 13 City Council Meeting Minutes - Final June 26, 2018 more than 5. Holly Lofgren spoke regarding the Santa Clara and Los Altos ballot measures and urged the Council not to vote on the ordinance and spoke in support of a ballot measure. Zachary Kaufman spoke in support of a ballot measure. Public Hearing closed at 11:18 p.m. MOTION: Vice Mayor Klein moved and Councilmember Griffith seconded the motion to approve Alternative 1: Introduce an ordinance amending Sunnyvale Municipal Code (SMC) Chapter 2.07 to add special requirements for approval of certain sale and lease agreements involving publicly accessible recreation and city service (PARCS) properties, and adopt a Resolution approving the list of PARCS properties subject to the requirements of the amended SMC Chapter 2.07 with the following changes: include a 4,000 foot noticing, a supermajority of 6 of 7 councilmembers for the purchase, sale and lease of real property and correct the names on the list as provided by staff. FORMAL AMENDMENT: Councilmember Melton moved to amend the requirement of an affirmative vote of six Councilmembers and make it a vote of five Councilmembers. The motion died for lack of a second. The motion carried by the following vote: Yes: 5 - Mayor Hendricks Vice Mayor Klein Councilmember Griffith Councilmember Larsson Councilmember Melton No: 2 - Councilmember Smith Councilmember Goldman MOTION: Councilmember Griffith moved and Councilmember Melton seconded the motion to continue with the Agenda Item 8. City of Sunnyvale Page 14 City Council Meeting Minutes - Final June 26, 2018 Yes: 5 - Mayor Hendricks Vice Mayor Klein Councilmember Griffith Councilmember Smith Councilmember Melton No: 2 - Councilmember Larsson Councilmember Goldman The Council recessed at 12:26 a.m. and reconvened at 12:36 a.m. with all Councilmembers present. 8 18-0505 CONTINUED FROM MAY 22, 2018 CITY COUNCIL MEETING Amend the Lawrence Station Area Plan: Select a Preferred Housing Study and Direct Staff to Complete Required Environmental Review. Senior Planner George Schroeder provided the staff report. Assistant Director of Community Development Andy Miner provided additional information. Public Hearing opened at 1:13 a.m. Larry Yamaoka spoke in support of Option 3. John Cordes spoke in support of the Planning Commission recommendation for the study. Former Mayor Tony Spitaleri spoke in support of the Planning Commission’s recommendation for a study. Mason Fong spoke in support of the Planning Commission recommendation for a study. Larry Crist of Intuitive Surgical provided information regarding the company. Dick Scott spoke in support of Option 1. James Visso of Kidder Matthews Commercial Real Estate spoke regarding density and recommended looking at studying 100 units on the eastern side of the LSAP and the Venture Commerce Center condominiums being built. City of Sunnyvale Page 15 City Council Meeting Minutes - Final June 26, 2018 James Peng spoke in support of Option 3 and higher density. Public Hearing closed at 1:27 a.m. MOTION: Vice Mayor Klein moved and Councilmember Melton seconded the motion to adopt Alternative 5: Planning Commission recommendation of Alternatives 1 and 2 with:1) Select Option 3 as the preferred alternative for study, which would increase the density allowance for MXD-I and MXD-II zoned areas and expand the area for housing as depicted in Attachment 7 of this report; summarized as: a. Study an additional 2,839 housing units: increase the total number of allowable housing units in the LSAP to 5,162 and the maximum density allowed in the MXD-I and MXD-II-zoned areas to 100 dwelling units per acre; b. Study an expanded area that allows residential uses to the M-S/LSAP areas east of Calabazas Creek and amend the zoning for the properties on Reed Avenue between Willow Avenue and Lawrence Expressway from O-R (Office/Retail) to a mixed-use residential designation with a maximum residential density of 54 dwelling units per acre; and c. Study a pedestrian/bicycle route from the area east of Calabazas Creek to the Lawrence Caltrain Station (Recommended by Planning Commission); and 2) direct staff to proceed with the study to amend the Lawrence Station Area Plan and the related environmental review. Yes: 7 - Mayor Hendricks Vice Mayor Klein Councilmember Griffith Councilmember Larsson Councilmember Smith Councilmember Melton Councilmember Goldman No: 0 MOTION: Councilmember Melton moved to suspend the rule that no new items or other Council business will be introduced after 1:30 a.m. and Councilmember Griffith seconded the motion. The motion carried by the following vote: City of Sunnyvale Page 16 City Council Meeting Minutes - Final June 26, 2018 Yes: 6 - Mayor Hendricks Vice Mayor Klein Councilmember Griffith Councilmember Smith Councilmember Melton Councilmember Goldman No: 1 - Councilmember Larsson MOTION: Vice Mayor Klein moved and Councilmember Melton seconded the motion to continue to Item 9. Yes: 7 - Mayor Hendricks Vice Mayor Klein Councilmember Griffith Councilmember Larsson Councilmember Smith Councilmember Melton Councilmember Goldman No: 0 9 18-0452 Review and Approve Recommendations from the Community Event and Neighborhood Grant Distribution Subcommittee and Approve Budget Modification No. 56 in the Amount of $926 to Appropriate Funding to the Community Services Program budget from the Council Service Level Set Aside. Councilmember Smith provided the staff report. Public Hearing opened at 1:41 a.m. No speakers. Public Hearing closed at 1:41 a.m. MOTION: Councilmember Smith moved and Councilmember Klein seconded the motion to: 1. Approve FY 2018/19 Community Event Grants in the amount of $10,500, itemized as follows: Organization Event Recommended Grant Silicon Valley Bicycle Bike to Work Day $1,000 City of Sunnyvale Page 17 City Council Meeting Minutes - Final June 26, 2018 Coalition Sunnyvale Downtown 2018/2019 Special Events* $6,100 Association SV Historical Society 10-Year Anniversary $3,000 & Museum Assoc. Sunnyvale Urban Forest Sunnyvale Urban $400 Advocates Forest Festival * SDA submitted grant applications for four of their 2018/2019 community events including Holiday Tree Lighting, Jazz & Beyond Festival Series, Magic of Sunnyvale & Wine Stroll and Summer Series. The Subcommittee recommends approving a single grant in the amount of $6,100 to SDA with eligible expenses to include those items identified in any of the four grant applications submitted. 2. Approve FY 2018/19 Neighborhood Grants in the amount of $6,500, itemized as follows: Neighborhood Group Event/Project Recommended Grant Cherry Chase NA Fostering Cultural & $1,000 Social Interaction Cumberland South NA Annual 4th of July $700 Parade & Potluck Hazelhead Association Hazelhead Association $450 Events Lakewood Village NA LVNA Picnic 2018 $1,000 Parkington Avenue Group Neighborhood Block Party $500 SNAIL NA National Night Out $1,000 Stevens Creek NA Donate & Dump $250 & Neighbors Night Out SunnyArts NA SunnyArts Community $650 Pride Building Traditions of SV Cultural Potluck and $500 Block Party Valley Forge Group Valley Forge Block Party $450 3. Approve that the remaining balance from the FY 2017/18 NGP, expected to be a minimum of $557.45, be allocated to SDA to augment the unanticipated costs related to the updated building code requirements for their event stages. The motion carried by the following vote: City of Sunnyvale Page 18 City Council Meeting Minutes - Final June 26, 2018 Yes: 7 - Mayor Hendricks Vice Mayor Klein Councilmember Griffith Councilmember Larsson Councilmember Smith Councilmember Melton Councilmember Goldman No: 0 Motion: Councilmember Melton moved and Vice Mayor Klein seconded the motion to continue to Item 10. 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 10 18-0338 Adopt a Resolution to Approve the Final Engineer’s Report, Confirm the Assessment, and Levy and Collect an Annual Assessment for The Downtown Parking Maintenance District for Fiscal Year 2018/19 Mayor Hendricks stated that the Council reviewed the staff report. Public Hearing opened at 1:43 a.m. No speakers. Public Hearing closed at 1:43 a.m. MOTION: Vice Mayor Klein moved and Councilmember Smith seconded the motion to approve Alternative 1: Adopt the resolution to approve the Final Engineer's Report, to confirm the assessment, and levy and collect an annual assessment for the Downtown Parking Maintenance District for FY 2018/19. City of Sunnyvale Page 19 City Council Meeting Minutes - Final June 26, 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 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS NON-AGENDA ITEMS & COMMENTS -Council -City Manager INFORMATION ONLY REPORTS/ITEMS 18-0438 Tentative Council Meeting Agenda Calendar 18-0445 Information/Action Items 18-0529 Notice of Public Works Director’s Decision on Final Maps (Information Only) 18-0439 Board/Commission Meeting Minutes ADJOURNMENT Mayor Hendricks adjourned the meeting at 1:43 a.m. City of Sunnyvale Page 20

Agenda

City of Sunnyvale Notice and Agenda - Revised City Council Tuesday, June 26, 2018 5:00 PM Council Chambers and West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting - Closed Session- 5 PM | Regular Meeting- 7 PM | Special Joint Meetings: City Council and the Redevelopment Successor Agency; City Council and the Sunnyvale Financing Authority- 7 PM (or as soon thereafter as the matter may be heard) TELECONFERENCE NOTICE Pursuant to Government Code Section 54953(b), this City Council meeting will include teleconference participation by Councilmember Gustav Larsson from 7216 Baltic Ct, Newtown, OH 45244. 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 P.M. SPECIAL COUNCIL MEETING (Closed Session) 1 Call to Order in the West Conference Room (Open to the Public) 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 18-0580 Closed Session held pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Council Compensation Subcommittee Members Glenn Hendricks, Larry Klein, Russ Melton Unrepresented Employee: City Attorney City of Sunnyvale Page 1 Printed on 6/22/2018 City Council Notice and Agenda - Revised June 26, 2018 18-0448 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 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 SPECIAL ORDER OF THE DAY 18-0301 SPECIAL ORDER OF THE DAY - Parks and Recreation Month ORAL COMMUNICATIONS This category provides an opportunity for members of the public to address the City 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 the Council 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 All matters listed on the consent calendar are considered to be routine and will be City of Sunnyvale Page 2 Printed on 6/22/2018 City Council Notice and Agenda - Revised June 26, 2018 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 18-0436 Approve City Council Meeting Minutes of June 12, 2018 Recommendation: Approve the City Council Meeting Minutes of June 12, 2018 as submitted. 1.B 17-1114 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.C 18-0500 Approve NOVA as America’s Job Center of California (AJCC) Operator for NOVA Workforce Development Area Recommendation: Approve NOVA as America's Job Center of California (AJCC) Operator for the NOVA Workforce Development Area. 1.D 18-0447 Approve Grant Acceptance and Budget Modification No. 52 to Appropriate $698,625 from the State of California Department of Transportation (Caltrans) Railway-Highway Crossings (Section 130) for Grade Crossing Safety Improvements at Mary Avenue and Caltrain Track CPUC No. 105E-37.90, Federal DOT No. 755037V; and Authorize the City Manager to Execute All Grant Related Documents Recommendation: Accept Grant from the California Department of Transportation (Caltrans) in the amount of $698,625, approve Budget Modification No. 52 to appropriate Caltrans Railway-Highway Crossings (Section 130) Program funds in the amount of $698,625 to a new project, Grade Crossing at Mary Avenue and Caltrain Track CPUC No. 105E-37.90, Federal DOT No. 755037V Safety Improvements, and Authorize the City Manager to Execute All Grant Related Documents. 1.E 18-0450 Approve a Transportation/Traffic Impact Fee Reimbursement Agreement with Remington LLC for the Construction of Intersection Improvements at 1010 Sunnyvale Saratoga Road and Approve Budget Modification No. 51 to appropriate $417,831 to a New Project, Improvements at Sunnyvale Saratoga Road and Remington Drive. City of Sunnyvale Page 3 Printed on 6/22/2018 City Council Notice and Agenda - Revised June 26, 2018 Recommendation: Approve the Cost Reimbursement Agreement, in substantially the same form as Attachment 3 to the report, with Remington LLC for the construction of Intersection improvements at Sunnyvale Saratoga Road/Remington Drive intersection and authorize the City Manager to Execute the Agreement, and Approve Budget Modification No.51 in an amount of $417,831. 1.F 18-0520 Accept the Highway Safety Improvement Program Grant of $844,800, and Approve Budget Modification No. 53 to Appropriate the Grants to Fund the Advance Dilemma Zone Detection Project. Recommendation: Accept the Highway Safety Improvement Program Grant of $844,800, and Approve Budget Modification No. 53 to Appropriate the Grant Funds to the Advance Dilemma Zone Detection Project. 1.G 18-0523 Amend an Existing Agreement with Synagro-WWT for Dredging and Dewatering of solids at the Water Pollution Control Plant (F18-287) Recommendation: Authorize the City Manager to execute a fourth amendment to an existing contract with Synagro-WWT, Inc. in substantially the same form as Attachment 1 to the report, increasing the not-to-exceed value from $10,000,000 to $10,700,000 and extending the term of the agreement through June 30, 2019. 1.H 18-0537 Adopt a Resolution Amending the City's Salary Resolution and the Schedule of Pay to Increase Salaries for Pay Plan Category C (Public Safety Officers Association) and Pay Plan Category M (Public Safety Managers Association) Recommendation: Adopt a Resolution Amending the City's Salary Resolution and the Schedule of Pay to Increase Salaries for Pay Plan Category C (Public Safety Officers Association) and Pay Plan Category M (Public Safety Managers Association). 1.I 18-0498 Approval of Budget Modification No. 50 in the amount of $300,000 for Public Safety Emergency Generator Rental Recommendation: Approval of Budget Modification No. 50 in the amount of $300,000 to appropriate funding from the Emergency Generator Installation Project to Project 833750 Public Safety Emergency Generator Replacement. City of Sunnyvale Page 4 Printed on 6/22/2018 City Council Notice and Agenda - Revised June 26, 2018 1.J 18-0443 Approve Budget Modification No. 54 to Appropriate $250,000 to Fiscal Year 2017/18 for the All-Inclusive Playground Project Recommendation: Approve Budget Modification No. 54 to appropriate $250,000 for funding the City's initial payment of the Magical Bridge inclusive playground. 1.K 18-0553 Authorize Amending an Existing Contract for Traffic Signal Maintenance Services (F18-296) and Approve Budget Modification No. 55 Recommendation: 1) Authorize the City Manager to execute a sixth amendment to the existing contract with Econolite Systems, Inc. increasing the contract not to exceed amount by $340,000 to $2,631,140 in substantially the same form as Attachment 1 to the report; and 2) approve Budget Modification No. 55 in the amount of $340,000. ADJOURN TO SPECIAL JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT SUCCESSOR AGENCY CALL TO ORDER ROLL CALL PUBLIC HEARING/GENERAL BUSINESS If you wish to speak to a public hearing/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. 2 18-0556 Approve the Fourth Amendment to Outside Counsel Agreement with Goldfarb Lipman for Litigation Services Pertaining to the Three Lawsuits Related to the Dissolution of the Redevelopment Agency City of Sunnyvale Page 5 Printed on 6/22/2018 City Council Notice and Agenda - Revised June 26, 2018 Recommendation: City Council: Authorize the City Attorney to execute a Fourth Amendment, in substantially the same form as Attachment 1 to the report, to the Outside Counsel Agreement with the law firm of Goldfarb Lipman to increase the not-to-exceed amount by $25,000, for a new not-to-exceed contract amount of $245,000. Redevelopment Successor Agency: Authorize the Agency Counsel to execute a Fourth Amendment, in substantially the same form as Attachment 1 to the report, to the Outside Counsel Agreement with the law firm of Goldfarb Lipman to increase the not-to-exceed amount by $25,000, for a new not-to-exceed contract amount of $245,000. ADJOURN TO SPECIAL JOINT MEETING OF THE CITY COUNCIL AND SUNNYVALE FINANCING AUTHORITY CALL TO ORDER ROLL CALL PUBLIC HEARINGS/GENERAL BUSINESS If you wish to speak to a public hearing/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. 3 18-0063 City Council Adoption of the FY 2018/19 Budget, Fee Schedule, and Appropriations Limit and Sunnyvale Financing Authority Adoption of the FY 2018/19 Budget City of Sunnyvale Page 6 Printed on 6/22/2018 City Council Notice and Agenda - Revised June 26, 2018 Recommendation: City Council: Alternative 1: Adopt the resolutions presented as Attachment 1 (including Exhibit A), Attachment 2 (including Exhibits A through D), and Attachment 3 (including Exhibit A) to the report that provide for the adoption of the FY 2018/19 Fee Schedule, Budget, and Appropriations Limit. Sunnyvale Financing Authority: Alternative 2: Adopt the FY 2018/19 Budget Resolution (Sunnyvale Financing Authority) presented as Attachment 4 to the report. ADJOURN SPECIAL MEETING RECONVENE TO CITY COUNCIL MEETING PUBLIC HEARINGS/GENERAL BUSINESS If you wish to speak to a public hearing/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. 4 18-0592 Approve the Statement Supporting the US Conference of Mayors to Reverse the Department of Homeland Security’s Family Separation Policies, and Authorize the Mayor to Advocate Against Such Policies Recommendation: Staff makes no recommendation. 5 18-0304 Proposed Utility Rate Increases for FY 2018/19 Rates for Water, Wastewater, and Solid Waste Utilities for Services Provided to Customers Within and Outside City Boundaries; Finding of CEQA Exemption Pursuant to Public Resource Code Section 21080(b)(8) and CEQA Guidelines Section 15273 City of Sunnyvale Page 7 Printed on 6/22/2018 City Council Notice and Agenda - Revised June 26, 2018 Recommendation: Alternatives 1 and 2: 1) Find that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(8) and CEQA Guidelines Section 15273 because it approves rates and charges for the purposes of (1) meeting operating expenses, including employee wage rates and fringe benefits; (2) purchasing or leasing supplies, equipment or materials; (3) meeting financial reserve needs and requirements; and (4) obtaining funds for capital projects necessary to maintain current service levels; and 2) Adopt a resolution increasing water, wastewater, and solid waste rates for FY 2018/19. 6 18-0315 Adopt a Resolution to Cause Charges for Non-Payment of Delinquent Utility Charges to be placed on the FY 2018/19 County of Santa Clara Property Tax Roll Recommendation: Alternative 1: Adopt a Resolution to Cause Charges for Non-Payment of Delinquent Utility Charges to be placed on the FY 2018/19 County of Santa Clara Property Tax Roll. 7 18-0528 Introduce an ordinance amending Sunnyvale Municipal Code (SMC) Chapter 2.07 to add special requirements for approval of certain sale and lease agreements involving publicly accessible recreation and city service (PARCS) properties, and adopt a Resolution approving the list of PARCS properties subject to the requirements of the amended SMC Chapter 2.07 Recommendation: Alternative 1: Introduce an ordinance amending Sunnyvale Municipal Code (SMC) Chapter 2.07 to add special requirements for approval of certain sale and lease agreements involving publicly accessible recreation and city service (PARCS) properties, and adopt a Resolution approving the list of PARCS properties subject to the requirements of the amended SMC Chapter 2.07. 8 18-0505 CONTINUED FROM MAY 22, 2018 CITY COUNCIL MEETING Amend the Lawrence Station Area Plan: Select a Preferred Housing Study and Direct Staff to Complete Required Environmental Review. City of Sunnyvale Page 8 Printed on 6/22/2018 City Council Notice and Agenda - Revised June 26, 2018 Recommendation: Alternatives 1 and 2: 1) Select Option 3 as the preferred alternative for study, which would increase the density allowance for MXD-I and MXD-II zoned areas and expand the area for housing as depicted in Attachment 7 of this report; summarized as: a. Study an additional 2,839 housing units: increase the total number of allowable housing units in the LSAP to 5,162 and the maximum density allowed in the MXD-I and MXD-II-zoned areas to 100 dwelling units per acre; b. Study an expanded area that allows residential uses to the M-S/LSAP areas east of Calabazas Creek and amend the zoning for the properties on Reed Avenue between Willow Avenue and Lawrence Expressway from O-R (Office/Retail) to a mixed-use residential designation with a maximum residential density of 54 dwelling units per acre; and, c. Study a pedestrian/bicycle route from the area east of Calabazas Creek to the Lawrence Caltrain Station (Recommended by Planning Commission); and, 2) direct staff to proceed with the study to amend the Lawrence Station Area Plan and the related environmental review. 9 18-0452 Review and Approve Recommendations from the Community Event and Neighborhood Grant Distribution Subcommittee and Approve Budget Modification No. 56 in the Amount of $926 to Appropriate Funding to the Community Services Program budget from the Council Service Level Set Aside. Recommendation: Staff makes no recommendation. 10 18-0338 Adopt a Resolution to Approve the Final Engineer’s Report, Confirm the Assessment, and Levy and Collect an Annual Assessment for The Downtown Parking Maintenance District for Fiscal Year 2018/19 Recommendation: Alternative 1: Adopt the resolution to approve the final Engineer's report, to confirm the assessment, and levy and collect an annual assessment for the Downtown Parking Maintenance District for FY 2018/19. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS City of Sunnyvale Page 9 Printed on 6/22/2018 City Council Notice and Agenda - Revised June 26, 2018 NON-AGENDA ITEMS & COMMENTS -Council -City Manager INFORMATION ONLY REPORTS/ITEMS 18-0438 Tentative Council Meeting Agenda Calendar 18-0445 Information/Action Items 18-0529 Notice of Public Works Director’s Decision on Final Maps (Information Only) 18-0439 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 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 City of Sunnyvale Page 10 Printed on 6/22/2018 City Council Notice and Agenda - Revised June 26, 2018 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 11 Printed on 6/22/2018

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