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City Council

Regular Meeting

Sunnyvale, CA · March 7, 2017

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Minutes

City of Sunnyvale Meeting Minutes - Final City Council Tuesday, March 7, 2017 4:00 PM Council Chambers and West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Closed Session-4 PM | Study Session-4:45 PM | Study Session-5:45 PM | Regular Meeting-7 PM 4 P.M. SPECIAL COUNCIL MEETING (Closed Session) Vice Mayor Larsson announced the items for Closed Session and invited any member 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 4:02 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 3 Public Comment No speakers. 4 Convene to Closed Session 17-0120 Closed Session held pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Teri Silva, Director of Human Resources; Deanna J. Santana, City Manager Employee organization: Sunnyvale Employee Association (SEA) 5 Adjourn Special Meeting City of Sunnyvale Page 1 City Council Meeting Minutes - Final March 7, 2017 Vice Mayor Larsson adjourned the meeting at 5:04 p.m. 4:45 P.M. SPECIAL COUNCIL MEETING (Study Session) 1 Call to Order in the Council Chambers (Open to the Public) Vice Mayor Larsson called the meeting to order at 5:08 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 3 Public Comment 4 Study Session 17-0059 Water Pollution Control Plant Update 5 Adjourn Special Meeting Vice Mayor Larsson adjourned the meeting at 5:49 p.m. 5:45 P.M. SPECIAL COUNCIL MEETING (Study Session) 1 Call to Order in the Council Chambers (Open to the Public) Vice Mayor Larsson called the meeting to order at 5:50 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 3 Public Comment 4 Study Session City of Sunnyvale Page 2 City Council Meeting Minutes - Final March 7, 2017 17-0274 Land Use and Transportation Element of the General Plan (2016-7708) 5 Adjourn Special Meeting Vice Mayor Larsson adjourned the meeting at 7:02 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 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: Teri Silva, Director of Human Resources; Deanna J. Santana, City Manager; Employee organization: Sunnyvale Employee Association (SEA); nothing to report. SPECIAL ORDER OF THE DAY 17-0106 SPECIAL ORDER OF THE DAY - Ceremonial Oath of Office for Board and Commission Members City Clerk Kathleen Franco Simmons administered the Ceremonial Oath of Office to newly appointed Board and Commission members. ORAL COMMUNICATIONS Vice Mayor Larsson announced the date of the upcoming “Our Kids Our Community” fundraiser or the Summer Feeding Program for child nutrition. City of Sunnyvale Page 3 City Council Meeting Minutes - Final March 7, 2017 Councilmember Goldman announced board and commission recruitment and an upcoming application deadline. Deborah Marks spoke regarding preservation of the City Hall building and provided a PowerPoint presentation. 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 17-0160 Approve City Council Special Meeting Minutes of February 17, 2017 Approve the City Council Special Meeting Minutes of February 17, 2017 as submitted. 1.B 17-0097 Approve City Council Meeting Minutes of February 28, 2017 Approve the City Council Meeting Minutes of February 28, 2017 as submitted. 1.C 16-1126 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 17-0273 Authorization to Modify an Existing Purchase Order for Traffic Signal Controllers (F17-077) and Finding of California Environmental Quality Act (CEQA) Categorical Exemption 1) Make a finding of CEQA categorical exemption pursuant to CEQA Guidelines Section 15301(c) minor alteration of existing facilities, mechanical equipment, highways and streets involving negligible or no expansion of use beyond that which City of Sunnyvale Page 4 City Council Meeting Minutes - Final March 7, 2017 presently exists; and 2) Authorize the City Manager to modify an existing Purchase Order with Control Tech West to increase the not to exceed value from $90,000 to $379,000. 1.E 17-0085 Award of Design Contract for Caribbean Drive Parking and Trail Access Enhancements (F17-041) 1) Award a contract in substantially the same form as Attachment 1 to the report and in an amount not to exceed $319,662 to Mark Thomas & Company and authorize the City Manager to execute the contract when all necessary conditions have been met; and 2) approve a 10% contract contingency in the amount of $31,966. PUBLIC HEARINGS/GENERAL BUSINESS Mayor Hendricks announced that Item 3 would be handled prior to Item 2 and requested that the three available translators provide information on translation services for Item 2. 2 17-0162 Make Required Findings and Approve Conversion Impact Report for Blue Bonnet Mobile Home Park, Located at 617 E. Evelyn Avenue in Sunnyvale - Continued from January 24, 2017 Director of Community Development Trudi Ryan provided the staff report. Housing Officer Suzanne Ise and City Attorney John Nagel provided additional information. Applicant Dick Oliver, East Duane Investors, provided information regarding the history of the property and their awareness and sensitivity for and assistance with relocation of mobile home residents. Josh Vrotsos, on behalf of East Duane Investors, spoke regarding their collaborative process to meet and exceed the requirements to prepare the Conversion Impact Report (CIR) for the park closure. Public Hearing opened at 8:07 p.m. Lin Jing spoke regarding the inaccuracy of information she received before she bought her home in the park, the possibility that she could lose one of her jobs if she relocates, the high cost of rent in Sunnyvale, and the need for adequate compensation to allow her to remain in Sunnyvale. Vince Swerkes spoke regarding the appraisal process and stated it is inadequate. City of Sunnyvale Page 5 City Council Meeting Minutes - Final March 7, 2017 Armando Nova stated he and his family do not want to leave Sunnyvale but his salary would not be enough to relocate within Sunnyvale. Delia Ayala stated that leaving the area would impact her children who would have to leave their school, she would not be able to keep her job, and her family lives in the area. Ayala stated the money that is being offered for their mobile home is not enough to relocate in Sunnyvale. Alfonso Gonzalez stated he has lived at the park for 23 years, is disabled and takes care of his disabled mother, and the compensation that is being offered is not enough to relocate in Sunnyvale. Gonzalez stated he is going to have to move away from his family, friends, support network and health care providers. Lizbeth Nava stated it would be very difficult for her family to move from Sunnyvale. Kimberly Ayala spoke regarding the impacts to her life and family to have to move and stated her family would not be able afford to relocate in Sunnyvale with the amount being offered. Will Constantine, Attorney for the Residents Association, spoke regarding the documentation he has previously submitted and re-submitted a document originally submitted in November 2016. Constantine stated that the CIR is not meeting the affordable housing standard required by the Housing Element and that it does not show that its benefits are going to enable to homeowners to obtain adequate housing in other mobile home parks. Constantine stated the CIR is generous in some ways but not meeting the State standard. Maria Hamilton stated the $100,000 for relocation costs is insufficient and spoke regarding alternative benefits. John Cordes, Bicycle and Pedestrian Advisory Commission member speaking for himself, spoke in support of the study issue regarding looking at updating and changing the conversion impact requirements in 2017 and urged Council to approve the CIR with modifications to delay the closing of the park until the 2017 Affordable Housing Study is complete. Cordes stated there are alternatives to closing the park such as the owner selling it to someone else who wants to continue to run it as a park or the City could acquire it via eminent domain. Mike Serrone spoke regarding the need for more affordable housing in Sunnyvale and stated compensation is not nearly enough to relocate. Serrone recommended more time be given to help to minimize disruption to families. City of Sunnyvale Page 6 City Council Meeting Minutes - Final March 7, 2017 Mary Lou Clark, President of the Blue Bonnet Mobile Home Park, stated she doesn’t feel that she has been treated in a respectful way and feels disenfranchised. Clark stated the three to one ratio of income required to get into other mobile home parks cannot be met by anyone in the park, and stated the appraisals did not reflect that this is one of the most expensive and desirable places to live in the country. Nga Freeman spoke regarding the impact of the parking closing on her children who attend local schools and stated her salary is not high enough to buy a low-income housing unit. Freeman submitted written materials. Marian Sofaer spoke in support of Mrs. Freeman and suggested alternatives for accommodating families at Blue Bonnet. Lai Khuu, resident of Blue Bonnet for 16 years, stated the appraisal value for his 2-bedroom unit is very low; he has medical problems and would like to stay in Sunnyvale. Khuu requested the appraisal be reviewed. Mrs. Nguyen stated her children attend school in Sunnyvale and she does not know what they will do if they have to move. Nguyen stated they have been trying to find low-income housing but have not been successful and stated the appraisal was very low and requested re-appraisal. Natalie Swerkes, real estate broker and property manager, spoke regarding the poor condition of mobile home parks her family has toured outside of Sunnyvale. Swerkes stated many of the BMR housing units are trilevel units with stairs and some of the residents of Blue Bonnet are disabled. Swerkes stated there needs to be a greater monetary compensation provided or more time allotted to locate new homes. Julie Murray stated she has lived in Blue Bonnet for 14 years, and will need another $100,000 beyond what she will get for her mobile home. Murray stated she doesn’t want to leave Sunnyvale. Margaret Nanda, attorney for the applicant and preparer of the Conversion Impact Report, provided information regarding the ordinance requirement for the mobile home appraisals and alternatives available to residents, and stated every effort has been made to meet the requirements of the ordinance. Nanda stated that Blue Bonnet is an older mobile home park and that the mobile homes are depreciating assets on land owned by someone else, and they have no intrinsic value. City of Sunnyvale Page 7 City Council Meeting Minutes - Final March 7, 2017 Public Hearing closed at 9:07 p.m. David Richman, Autotemp, Inc., provided a summary of the relocation process and responded to questions. Debbie Martinez, Autotemp, Inc., provided additional information. MOTION: Councilmember Klein moved and Vice Mayor Larsson seconded the motion to approve Alternative 1: Find that preparation, noticing, and distribution of the Conversion Impact Report has been done in compliance with Sunnyvale Municipal Code Chapter 19.72, that the Conversion Impact Report includes adequate information and options, and that it takes adequate measures to address the adverse social and economic impacts on displaced residents and mobile home owners of a mobile home park conversion; and approve the Conversion Impact Report as provided in Attachments 2 and 13 in the report. The motion carried by the following vote: Yes: 5 - Mayor Hendricks Vice Mayor Larsson Councilmember Griffith Councilmember Klein Councilmember Melton No: 2 - Councilmember Smith Councilmember Goldman 3 16-1130 Amend the Classification Plan to Add the Newly Established Classifications of Principal Water Pollution Control Operator, Water Pollution Control Plant Mechanic in Training, and Cross Connection Control Specialist and to Change the Classification Title for the Director of Information Technology to Chief Information Officer, and Amend Corresponding Provisions of the Salary Table of the City’s Salary Resolution to Reflect the Classification Updates This item was considered prior to Item 2. Director of Human Resources Teri Silva provided the staff report. Public Hearing opened at 7:22 p.m. No speakers. Public Hearing closed at 7:22 p.m. City of Sunnyvale Page 8 City Council Meeting Minutes - Final March 7, 2017 MOTION: Vice Mayor Larsson moved and Councilmember Melton seconded the motion to approve Alternative 1: Adopt resolution amending the Classification Plan to add three new classifications and to change the title of one classification, and Resolution No. 190 05, the City's Salary Resolution, to update the Schedule of Pay to include those classifications. 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 Vice Mayor Larsson reported follow up comments regarding the information he reported at the previous Council meeting regarding his attendance at a meeting of BAWSCA in which water conservation targets were discussed. NON-AGENDA ITEMS & COMMENTS -Council None. -City Manager City Manager Deanna Santana reported the Budget Workshop has been rescheduled from May 25 to the May 19, and that Caltrain is available for a Study Session March 28. City Manager Santana noted the report regarding Red Curb Requirements at Controlled Intersections in the Information Only portion of the agenda packet. INFORMATION ONLY REPORTS/ITEMS 17-0103 Tentative Council Meeting Agenda Calendar 17-0168 Information/Action Items 17-0211 Red Curb Requirements at Controlled Intersections (Information Only) City of Sunnyvale Page 9 City Council Meeting Minutes - Final March 7, 2017 17-0041 Board/Commission Meeting Minutes ADJOURNMENT Mayor Hendricks adjourned the meeting at 10:01 p.m. City of Sunnyvale Page 10

Agenda

City of Sunnyvale Notice and Agenda City Council Tuesday, March 7, 2017 4:00 PM Council Chambers and West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Closed Session-4 PM | Study Session-4:45 PM | Study Session-5:45 PM | Regular Meeting-7 PM 4 P.M. SPECIAL COUNCIL MEETING (Closed Session) 1 Call to Order in the West Conference Room 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 17-0120 Closed Session held pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Teri Silva, Director of Human Resources; Deanna J. Santana, City Manager Employee organization: Sunnyvale Employee Association (SEA) 5 Adjourn Special Meeting 4:45 P.M. SPECIAL COUNCIL MEETING (Study Session) 1 Call to Order in the Council Chambers (Open to the Public) 2 Roll Call 3 Public Comment City of Sunnyvale Page 1 Printed on 3/2/2017 City Council Notice and Agenda March 7, 2017 4 Study Session 17-0059 Water Pollution Control Plant Update 5 Adjourn Special Meeting 5:45 P.M. SPECIAL COUNCIL MEETING (Study Session) 1 Call to Order in the Council Chambers (Open to the Public) 2 Roll Call 3 Public Comment 4 Study Session 17-0274 Land Use and Transportation Element of the General Plan (2016-7708) 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 17-0106 SPECIAL ORDER OF THE DAY - Ceremonial Oath of Office for Board and Commission Members City of Sunnyvale Page 2 Printed on 3/2/2017 City Council Notice and Agenda March 7, 2017 ORAL COMMUNICATIONS This category provides an opportunity for members of the public to address 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 Councilmembers 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 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 17-0160 Approve City Council Special Meeting Minutes of February 17, 2017 Recommendation: Approve the City Council Special Meeting Minutes of February 17, 2017 as submitted. 1.B 17-0097 Approve City Council Meeting Minutes of February 28, 2017 Recommendation: Approve the City Council Meeting Minutes of February 28, 2017 as submitted. 1.C 16-1126 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Recommendation: Approve the list(s) of claims and bills. City of Sunnyvale Page 3 Printed on 3/2/2017 City Council Notice and Agenda March 7, 2017 1.D 17-0273 Authorization to Modify an Existing Purchase Order for Traffic Signal Controllers (F17-077) and Finding of California Environmental Quality Act (CEQA) Categorical Exemption Recommendation: 1) Make a finding of CEQA categorical exemption pursuant to CEQA Guidelines Section 15301(c) minor alteration of existing facilities, mechanical equipment, highways and streets involving negligible or no expansion of use beyond that which presently exists; and 2) Authorize the City Manager to modify an existing Purchase Order with Control Tech West to increase the not-to-exceed value from $90,000 to $379,000. 1.E 17-0085 Award of Design Contract for Caribbean Drive Parking and Trail Access Enhancements (F17-041) Recommendation: 1) Award a contract in substantially the same form as Attachment 1 to the report and in an amount not to exceed $319,662 to Mark Thomas & Company and authorize the City Manager to execute the contract when all necessary conditions have been met; and 2) approve a 10% contract contingency in the amount of $31,966. PUBLIC HEARINGS/GENERAL BUSINESS If you wish to speak to a public hearings/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. 2 17-0162 Make Required Findings and Approve Conversion Impact Report for Blue Bonnet Mobile Home Park, Located at 617 E. Evelyn Avenue in Sunnyvale - Continued from January 24, 2017 Recommendation: Alternative 1: Find that preparation, noticing, and distribution of the Conversion Impact Report has been done in compliance with Sunnyvale Municipal Code Chapter 19.72, that the Conversion Impact Report includes adequate information and options, and that it takes adequate measures to address the adverse social and economic impacts on displaced residents and mobile home owners of a mobile home park conversion; and approve the Conversion Impact Report as provided in Attachments 2 and 13 in the report. City of Sunnyvale Page 4 Printed on 3/2/2017 City Council Notice and Agenda March 7, 2017 3 16-1130 Amend the Classification Plan to Add the Newly Established Classifications of Principal Water Pollution Control Operator, Water Pollution Control Plant Mechanic in Training, and Cross Connection Control Specialist and to Change the Classification Title for the Director of Information Technology to Chief Information Officer, and Amend Corresponding Provisions of the Salary Table of the City’s Salary Resolution to Reflect the Classification Updates Recommendation: Alternative 1: Adopt Resolution Amending the Classification Plan to Add Three New Classifications and to Change the Title of One Classification, and Resolution No. 190-05, the City's Salary Resolution, to Update the Schedule of Pay to Include Those Classifications. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS NON-AGENDA ITEMS & COMMENTS -Council -City Manager INFORMATION ONLY REPORTS/ITEMS 17-0103 Tentative Council Meeting Agenda Calendar 17-0168 Information/Action Items 17-0211 Red Curb Requirements at Controlled Intersections (Information Only) 17-0041 Board/Commission Meeting Minutes ADJOURNMENT City of Sunnyvale Page 5 Printed on 3/2/2017 City Council Notice and Agenda March 7, 2017 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 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 35.106 ADA Title II). 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" document available at Presentations.inSunnyvale.com. 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. City of Sunnyvale Page 6 Printed on 3/2/2017 City Council Notice and Agenda March 7, 2017 Upcoming Meetings Visit CouncilMeetings.inSunnyvale.com for upcoming Council meeting information. Visit BoardsandCommissions.inSunnyvale.com for upcoming board and commission meeting information. For a complete schedule of KSUN-15 Council meeting broadcasts, visit KSUN.insunnyvale.com. City of Sunnyvale Page 7 Printed on 3/2/2017

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