City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, May 21, 2019 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 | Special Meeting - 6 PM | Regular Meeting - 7 PM 4:30 P.M. SPECIAL COUNCIL MEETING (Closed Session) Vice Mayor Melton announced the items for Closed Session and invited any members of the public to make public comments before the meeting. 1 Call to Order in the West Conference Room Vice Mayor Melton called the meeting to order at 4:30 p.m. 2 Roll Call Present: 7 - Mayor Larry Klein Vice Mayor Russ Melton Councilmember Gustav Larsson Councilmember Glenn Hendricks Councilmember Nancy Smith Councilmember Michael S. Goldman Councilmember Mason Fong 3 Public Comment None. 4 Convene to Closed Session 19-0279 Closed Session held pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Attorney 19-0390 Closed Session held pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager City of Sunnyvale Page 1 City Council Meeting Minutes May 21, 2019 19-0580 CONFERENCE WITH LEGAL COUNSEL-PENDING LITIGATION Closed Session held pursuant to California Government Code Section 54956.9(d)(1): Name of Case: David Meinhardt v. City of Sunnyvale Personnel Board, et al. Case No. 19-CV-346911 5 Adjourn Special Meeting Vice Mayor Melton adjourned the meeting at 5:52 p.m. 6 P.M. SPECIAL COUNCIL MEETING (Special Order of the Day) 1 Call to Order in the Council Chambers (Open to the Public) Mayor Klein called the meeting to order at 6:02 p.m. 2 Roll Call Present: 7 - Mayor Larry Klein Vice Mayor Russ Melton Councilmember Gustav Larsson Councilmember Glenn Hendricks Councilmember Nancy Smith Councilmember Michael S. Goldman Councilmember Mason Fong 3 Public Comment None. 4 Special Order of the Day 19-0093 6 P.M. SPECIAL COUNCIL MEETING SPECIAL ORDER OF THE DAY - Department of Public Safety Special Awards Location: Council Chambers Mayor Klein, Chief of Public Safety Phan Ngo, and Lieutenant Daniel Pistor presented the Department of Public Safety Special Awards. 5 Adjourn Special Meeting Mayor Klein adjourned the meeting at 6:36 p.m. City of Sunnyvale Page 2 City Council Meeting Minutes May 21, 2019 7 P.M. COUNCIL MEETING CALL TO ORDER Mayor Klein called the meeting to order at 7:00 p.m. SALUTE TO THE FLAG ROLL CALL Present: 7 - Mayor Larry Klein Vice Mayor Russ Melton Councilmember Gustav Larsson Councilmember Glenn Hendricks Councilmember Nancy Smith Councilmember Michael S. Goldman Councilmember Mason Fong CLOSED SESSION REPORT Vice Mayor Melton reported the Council met in Closed Session held pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Attorney; nothing to report. Vice Mayor Melton reported the Council met in Closed Session held pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager; nothing to report. Vice Mayor Melton reported the Council met in Closed Session held pursuant to California Government Code Section 54956.9(d)(1): Name of Case: David Meinhardt v. City of Sunnyvale Personnel Board, et al. Case No. 19 CV 346911; the Council authorized the City Attorney to represent the City of Sunnyvale and the City of Sunnyvale Personnel Board in the case David Meinhardt v. City of Sunnyvale Personnel Board. The motion carried with the following vote: 7-0. SPECIAL ORDER OF THE DAY 19-0531 SPECIAL ORDER OF THE DAY - Asian Pacific American (APA) Heritage Month Mayor Klein presented a Proclamation for Asian Pacific American Heritage Month to Sarita Kohli, President and CEO, Asian Americans for Community Involvement (AACI). City of Sunnyvale Page 3 City Council Meeting Minutes May 21, 2019 19-0294 SPECIAL ORDER OF THE DAY - National Public Works Week Mayor Klein presented a Proclamation for National Public Works Week to Public Works Director Chip Taylor and staff. 19-0314 SPECIAL ORDER OF THE DAY - Municipal Clerks Week Mayor Klein presented a proclamation in recognition of Municipal Clerks Week to City Clerk David Carnahan and Deputy City Clerk Sandra Barajas. ORAL COMMUNICATIONS Councilmember Larsson shared the upcoming Sustainability Speaker Series. Mayor Klein provided details of the upcoming multi-faith unity gathering in honor of the eight people injured during the April 23 El Camino injury incident. Mary Brunkhorst, Sunnyvale Urban Forest Advocates announced upcoming tree walks in Sunnyvale. CONSENT CALENDAR Richard Mehlinger, Bicycle and Pedestrian Advisory Commission Member and Kevin Jackson requested to pull Item 1.E for separate consideration. MOTION: Vice Mayor Melton moved and Councilmember Larsson seconded the motion to approve Items 1.A through 1.D and 1.F through 1.H. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Melton Councilmember Larsson Councilmember Hendricks Councilmember Smith Councilmember Goldman Councilmember Fong No: 0 1.A 19-0513 Approve City Council Meeting Minutes of May 7, 2019. Approve the City Council Meeting Minutes of May 7, 2019 as submitted. 1.B 19-0432 Approve City Council Meeting Minutes of May 14, 2019 City of Sunnyvale Page 4 City Council Meeting Minutes May 21, 2019 Approve the City Council Meeting Minutes of May 14, 2019 as submitted. 1.C 19-0332 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Approve the list(s) of claims and bills. 1.D 19-0301 Approve the FY 2019/20 Preliminary Engineer’s Report for the Downtown Parking District Assessment, Adopt a Resolution of Intention to Levy and Collect an Assessment for the Downtown Parking Maintenance District for FY 2019/20, and Set the Date of June 25, 2019 for the Public Hearing on the Proposed Assessment Approve the Fiscal Year (FY) 2019/20 preliminary Engineer's Report for the Downtown Parking District Assessment, adopt a Resolution of Intention to Levy and Collect an Assessment for the Downtown Parking Maintenance District for FY 2019/20, and set the date of June 25, 2019 for the public hearing on the levy of the proposed Assessment. 1.E 19-0461 Adopt a Resolution to Authorize the Filing of Fiscal Year 2019/20 Transportation Development Act (TDA) Article 3 Application for the Design and Implementation of Pedestrian and Bicycle Safety Improvements at the Intersection of Fremont Avenue and Manet Drive/Bobwhite Avenue Public Hearing opened at 7:21 p.m. Richard Mehlinger, Bicycle and Pedestrian Advisory Commission (BPAC) Member shared his support for the recommendation of the Bicycle and Pedestrian Advisory Commission. Kevin Jackson voiced his support of the BPAC recommendation. Public Hearing closed at 7:26 p.m. MOTION: Vice Mayor Melton moved and Councilmember Hendricks seconded the motion to adopt a resolution authorizing the filing of Fiscal Year 2019/20 Transportation Development Act Article 3 application requesting MTC for an allocation of $172,712 for FY 2019/20 to be used for the design and implementation of pedestrian and bicycle safety improvements at the intersection of Fremont City of Sunnyvale Page 5 City Council Meeting Minutes May 21, 2019 Avenue and Manet Drive/Bobwhite Avenue. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Melton Councilmember Larsson Councilmember Hendricks Councilmember Smith Councilmember Goldman Councilmember Fong No: 0 1.F 19-0489 Approval of Modifications to the Local and Regional Workforce Development Strategic Plans Approve modifications to the NOVA Local Workforce Development Strategic Plan and the Bay-Peninsula Regional Workforce Development Strategic Plan. 1.G 19-0490 Approve Application for Subsequent Local Area Designation and Local Workforce Board Recertification for NOVA Workforce Development Area Approve application for subsequent Local Area designation and Local Workforce Board recertification for NOVA Workforce Development Area. 1.H 19-0439 Receive and File the City of Sunnyvale Investment Report - 1st Quarter 2019 Receive and file the City of Sunnyvale - First Quarter 2019 Investment Report. PUBLIC HEARINGS/GENERAL BUSINESS 2 19-0448 Consider Below Market Rate Alternative Compliance Plans for Residential Development at 1142 Dahlia Court. Applicant: Trumark Homes; Planning Files 2018-7989 and 2018-7451. Housing Officer Jenny Carloni provided the staff report. Public Hearing opened at 7:42 p.m. Garrett Hinds, Director of Architecture, Trumark Homes provided the applicant presentation. City of Sunnyvale Page 6 City Council Meeting Minutes May 21, 2019 Dixie Lira-Baus, Associate Director Development, Eden Housing voiced support of authorizing in-lieu fees for this project. Ray Crump spoke in support of the project. He noted the City of Cupertino Below Market Rate (BMR) program provides that for-sale BMR units remain in the BMR program in perpetuity while the City of Sunnyvale BMR program allows BMR owners to sell after 30 years. Richard Mehlinger shared his support of the project, noting that he would have preferred more housing density at the site. Public Hearing closed at 7:48 p.m. MOTION: Councilmember Hendricks moved and Councilmember Smith seconded the motion to approve Alternative 1: Approve the Applicant's BMR Alternative Compliance Plan for the project located at 1142 Dahlia Court, as shown in Attachment 2 to the report. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Melton Councilmember Larsson Councilmember Hendricks Councilmember Smith Councilmember Goldman Councilmember Fong No: 0 3 19-0523 Authorize the City Manager or His Designee to Execute a Small Cell License Agreement with New Cingular Wireless PCS, LLC, d/b/a AT&T Wireless and Delegate Authority for Term Extensions and Find the Project Categorically Exempt under CEQA Public Works Director Chip Taylor provided the staff report and presentation. Tedi Vriheas, Assistant Vice President External Affairs, AT&T responded to questions from Council. City of Sunnyvale Page 7 City Council Meeting Minutes May 21, 2019 Public Hearing opened at 7:29 p.m. No speakers. Public Hearing closed at 7:29 p.m. MOTION: Councilmember Fong moved and Councilmember Hendricks seconded the motion to approve Alternative 1: Authorize the City Manager or his designee to execute the Small Cell License Agreement, in substantially the same form as in Attachment 1 to the report, with New Cingular Wireless PCS, LLC, d/b/a AT&T Wireless and authorize the City Manager or his designee to extend the term for two (2) additional five (5) year terms, and make a finding and make a finding that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15302 and 15303. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Melton Councilmember Larsson Councilmember Hendricks Councilmember Smith Councilmember Goldman Councilmember Fong No: 0 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Councilmember Larsson shared his attendance at a Bay Area Water Supply and Conservation Agency (BAWSCA) meeting. Water usage has remained lower than pre-drought levels indicating a potential need to reevaluate baseline water usage levels. Councilmember Hendricks reported the Federal Aviation Administration (FAA) has released a new response to the SJC Ad Hoc Advisory Committee on South Flow Arrivals Report. Councilmember Smith announced that Silicon Valley Clean Energy, Peninsula Clean Energy, East Bay Community Energy, and San Jose Clean Energy are entering into a cost sharing and reimbursement agreement. She shared her City of Sunnyvale Page 8 City Council Meeting Minutes May 21, 2019 attendance at a Santa Clara County meeting to plan the 2020 centennial celebration of women gaining the right to vote. Vice Mayor Klein shared his attendance at the Santa Clara County Expressway Policy Advisory Board where the Board recommended Measure B funding for various projects, including several in Sunnyvale. NON-AGENDA ITEMS & COMMENTS -Council Councilmember Fong proposed a study issue to establish a formal SMART City initiative. Mayor Klein and Councilmember Goldman cosponsored the study issue. Vice Mayor Melton reported the California Department of Transportation (Caltrans) plans to install a HAWK pedestrian crosswalk signal on El Camino Real at Helen Avenue. He shared his appreciation for new signage at the Community Center. Vice Mayor Melton requested an informational report to Council regarding repaving of Wolfe Road and work planned by Pacific Gas and Electric (PG&E) along the corridor. He voiced gratitude for the conscientious scheduling of PG&E gas main replacement work along a different section of Wolfe Road. Councilmember Hendricks shared his support of the Vice Mayor’s request for information regarding Wolfe Road repaving. -City Manager City Manager Kent Steffens announced the Council’s upcoming Budget Workshop. INFORMATION ONLY REPORTS/ITEMS 19-0514 Tentative Council Meeting Agenda Calendar 19-0516 Information/Action Items 19-0517 Board/Commission Meeting Minutes ADJOURNMENT Mayor Klein adjourned the meeting at 8:53 p.m. City of Sunnyvale Page 9