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City Council

Regular Meeting

Sunnyvale, CA · July 17, 2018

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City of Sunnyvale Meeting Minutes - Final City Council Tuesday, July 17, 2018 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 | Regular Meeting- 7 PM 4:30 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 4:30 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 4 Convene to Closed Session 18-0625 Closed Session held pursuant to California Government Code (Paragraph (1) of subdivision (d) of Section 54956.9): CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Name of case: U.S. Firearms Company, LLC, et al. vs. City of Sunnyvale; The Sunnyvale City Council; Santa Clara County Superior Court, Case No. 1-13-cv-257353 18-0352 Closed Session held pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION City of Sunnyvale Page 1 City Council Meeting Minutes - Final July 17, 2018 Title: City Attorney 18-0353 Closed Session held pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager 5 Adjourn Special Meeting Vice Mayor Klein adjourned the meeting at 6:25 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 CLOSED SESSION REPORT Vice Mayor Klein reported that the Council met in Closed Session held pursuant to California Government Code (Paragraph (1) of subdivision (d) of Section 54956.9): CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION; Name of case: U.S. Firearms Company, LLC, et al. vs. City of Sunnyvale;The Sunnyvale City Council; Santa Clara County Superior Court, Case No. 1 13 cv 257353; nothing to report. Vice Mayor Klein reported that the Council met in Closed Session held pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City Attorney; nothing to report. Vice Mayor Klein reported that the Council met in Closed Session held pursuant to City of Sunnyvale Page 2 City Council Meeting Minutes - Final July 17, 2018 California Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City Manager; nothing to report. ORAL COMMUNICATIONS Mayor Hendricks announced the Council meeting would be closed in honor of Mike Campbell. Vice Mayor Klein announced an upcoming Town Hall meeting on aviation noise to be held August 21, 2018 at 6 p.m. Vice Mayor Klein announced the recruitment and application deadline for openings on City boards and commissions. Steve Scandalis spoke regarding campaign financing contributions to councilmembers and campaign finance reform, and provided a slide presentation. Henry Alexander III spoke regarding transparent government and open data, and provided a slide presentation. Ray Crump spoke regarding the Lawrence Station Area Plan revision. Zachary Kaufman spoke regarding traffic, bicycle and pedestrian safety at the corner of El Camino and Fair Oaks. Mark Mollineaux spoke regarding a planned housing development on the Corn Palace property and recommended development that is transit oriented. Richard Mehlinger spoke regarding the need for greater density of planned housing units at the Corn Palace property. CONSENT CALENDAR MOTION: Vice Mayor Klein moved and Councilmember Larsson seconded the motion to approve the Consent Calendar. The motion carried by the following vote: City of Sunnyvale Page 3 City Council Meeting Minutes - Final July 17, 2018 Yes: 7 - Mayor Hendricks Vice Mayor Klein Councilmember Griffith Councilmember Larsson Councilmember Smith Councilmember Melton Councilmember Goldman No: 0 1.A 18-0185 Approve City Council Meeting Minutes of June 26, 2018 Approve the City Council Meeting Minutes of June 26, 2018 as submitted. 1.B 17-1115 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 18-0383 Award of Contract for Soccer Instruction Classes and Camps (F18-237) 1) Award a two-year contract to Kidz Love Soccer to provide instructional classes and camps, in substantially the same form as Attachment 1 of the staff report, and authorize the City Manager to execute the contract when all necessary conditions have been met; and 2) Authorize the City Manager to renew the contract for three additional one-year extensions, provided services and pricing remain acceptable to the City. 1.D 18-0451 Appoint a City Representative to the Valley Transportation Authority Bicycle and Pedestrian Advisory Committee Re-appoint Mr. David Simons as Sunnyvale’s representative for the Santa Clara Valley Transportation Authority (VTA) Bicycle and Pedestrian Advisory Committee for a two-year term, starting July 1, 2018 and ending June 30, 2020. 1.E 18-0527 Award of Contract for Consultant Services Associated with the Development of the Lawrence Station Area Sense of Place Plan (F18-266) 1) Award a contract to Callander Associates for consultant services in an amount not to exceed $114,957, in substantially the same form as Attachment 1 to the report and authorize the City Manager to execute the contract when all necessary conditions have been met; and 2) approve a 10% project contingency in the amount City of Sunnyvale Page 4 City Council Meeting Minutes - Final July 17, 2018 of $11,496. 1.F 18-0548 Award of Bid No. PW18-17 for Mary-Carson Tank No. 2 Refurbishment, Determination of Bid Non-responsiveness, and Finding of California Environmental Quality Act categorical exemption 1) Make a finding of a categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (b) for existing facilities involving negligible or no expansion of use beyond which presently exists; 2) Award a contract in substantially the same form as Attachment 2 to the report in the amount $1,042,820 to West Coast Industrial Coatings, Inc. and authorize the City Manager to execute the contract when all necessary conditions have been met; 3) approve a 15% construction contingency in the amount of $156,423; and 4) make a determination that the bid received from Paso Robles Tank Coating, Inc. is non-responsive. 1.G 18-0552 Award a Contract for the Installation of Landfill Gas Condensate Retrofit Pumps and Ancillary Equipment (F18-275) and Approve Budget Modification No. 2 Award a contract in substantially the same form as Attachment 1 to the report and in the amount of $175,774 to Real Environmental Products, LLC, authorize the City Manager to execute the contract when all the necessary conditions have been met, and approve Budget Modification No. 2 in the amount of $175,774. 1.H 18-0560 Authorize the Issuance of a Purchase Order for Sewer Line On-Call Maintenance and Repair Services (F18-245) 1) Authorize the City Manager to issue a purchase order to Able Construction Group, Inc. in an amount of $200,000, and 2) Delegate authority to the City Manager to renew the Purchase Order for two additional one-year periods, subject to available funding and acceptable pricing and services. 1.I 18-0615 Adopt Ordinance No. 3134-18 to Amend Chapter 2.07 of Title 2 (Administration and Personnel) of the Sunnyvale Municipal Code Relating to Purchase, Sale or Lease of Real Property (PARCS) Adopt Ordinance No. 3134-18 1.J 18-0635 Approve the Second Amendment to Outside Counsel Agreement with Bertrand, Fox & Elliot for Litigation Services in City of Sunnyvale Page 5 City Council Meeting Minutes - Final July 17, 2018 the Matter of Bagley v. Santa Clara County, et al. Authorize the City Attorney to execute a Second Amendment, in substantially the same form as Attachment 1 to the report, to the Outside Counsel Agreement with the law firm of Bertrand, Fox & Elliot to increase the not-to-exceed amount by $100,000, for a new not-to-exceed contract amount of $300,000. PUBLIC HEARINGS/GENERAL BUSINESS 2 18-0465 File #: 2017-7217 Location: 617 East Evelyn Avenue (APN: 209-02-001) Proposed Project: Appeal by the Blue Bonnet Residents Committee of a decision by the Planning Commission to conditionally approve: SPECIAL DEVELOPMENT PERMIT: to redevelop the Blue Bonnet Mobile Home Park to a 62-unit townhouse development with associated site improvements (net increase of eight units); VESTING TENTATIVE MAP: to subdivide one lot into 62 lots and three common lots. Zoning: R-3/PD - Medium Density Residential / Planned Development Applicant / Owner: East Dunne Investors, LLC (applicant) / Chien-Nan and Sue Chuang Trustee (owners) Environmental Review: Mitigated Negative Declaration Project Planner: Momoko Ishijima, (408) 730-7532, mishijima@sunnyvale.ca.gov Assistant Director of Community Development Andy Miner provided the staff report. Public hearing opened at 8:05 p.m. William Constantine, Attorney for the Appellants, provided information regarding the court case relating to the conversion impact report and spoke in support of the appeal. Margaret Nanda, Attorney for the Applicants, provided information regarding the closure of the park and spoke in support of the decision on the application on its merits. Josh Grossman spoke in support of waiting for the decision on the pending litigation City of Sunnyvale Page 6 City Council Meeting Minutes - Final July 17, 2018 before taking action. Richard Mehlinger, speaking on behalf of the Sunnyvale Democratic Club Executive Committee and Liveable Sunnyvale, urged the Council to oppose the redevelopment of the Blue Bonnet Mobile Home Park and to grant the Blue Bonnet Mobile Residents Committee appeal. Mehlinger recommended a project of higher density and more affordable housing, and urged the Council to consider this land for R-3 or R-4 zoning. John Cordes, BPAC Chair speaking for himself, spoke regarding displacement of low-income residents, the need for protecting affordable housing through the housing element, municipal code or general plan, and recommended either denying the request for the tentative map and requiring a higher density, or not approving it. Maria Hamilton spoke regarding the 2018 Code of Ethics and Conduct for Elected Officials. Hamilton also spoke regarding sections on the recommended findings of the proposed project and stated that certain sections referred to the General Plan have been replaced in the Land Use and Transportation Element and have not been in existence since April 2017. Diane Gleason spoke in in opposition to elimination of below market rate housing and spoke in support of increased density in the proposed housing development. Gleason spoke regarding the imbalance of the jobs to housing ratio and the need to reduce additional developments of office space. Linda Sell, Boardmember on Sunnyvale Democratic Club, speaking on behalf of the Club, recommended overturning the decision, and expressed support for a plan that has more affordable units. Sell stated the Executive Board urges delay of a decision until the litigation has been decided. Speaking on her own behalf, she stated she is a member of the State Democratic Party and the 2018 platform supports sustainable communities that promote smart growth and socially equitable, tenant protections, measures and encourages zoning to promote sustainability and affordability. Mark Mollineaux spoke regarding the burden of change and requested Council to spread the burden to all members of the community, look at upzoning single family housing to duplexes, and look at how land is managed. Henry Alexander III spoke regarding past misleading rent control claims, the need for multiple strategies to resolve the housing crisis and protect families from being City of Sunnyvale Page 7 City Council Meeting Minutes - Final July 17, 2018 pushed out of housing, and the importance of rent control protections to prevent the displacement of people of color, seniors and the disabled. Mason Fong spoke in support of affordable housing and recommended approval of the appeal based on the issue of pending litigation. Fred Kameda spoke regarding affordable housing for fixed income mobile home owners in Sunnyvale. Mary Lou Clark, President of Blue Bonnet Residents Committee, spoke regarding the treatment of residents of the Blue Bonnet Mobile Home Park and their need for a legal, fair hearing. Appellant Will Constantine provided information detailing his disagreement that the CIR and the tentative map are not tied together, and that he believes that it was the Legislature’s intent to tie them together. Constantine provided information regarding the comments that a property owner could not be forced to continue to do business as a mobile home park. Applicant provided information regarding the process of relocation of the tenants of the park. Public hearing closed at 9:13 p.m. MOTION: Councilmember Melton moved and Vice Mayor Klein seconded the motion to approve Alternative 1 with a modification: Deny the appeal and affirm the Planning Commission’s determination to adopt the Mitigated Negative Declaration and approve the Special Development Permit and Vesting Tentative May subject to the revised recommended conditions of approval in Attachment 4 of the report, with the Modification to Alternative 1 being that the requested front setback deviations on Elm Court and East Evelyn Avenue are not granted and any applicant redesign arising from the denial of the front setback deviations shall be subject to approval by the Director of Community Development. The motion carried by the following vote: City of Sunnyvale Page 8 City Council Meeting Minutes - Final July 17, 2018 Yes: 7 - Mayor Hendricks Vice Mayor Klein Councilmember Griffith Councilmember Larsson Councilmember Smith Councilmember Melton Councilmember Goldman No: 0 The Council recessed at 10:03 p.m. and reconvened with all present at 10:14 p.m. with all Councilmembers present. 3 18-0627 Consider Amending (1) the Salary Schedule of the City’s Salary Resolution to Increase the Control Point for the City Attorney Classification by Six Percent and (2) the Employment Agreement between the City of Sunnyvale and City Attorney John A. Nagel to Increase the Salary by a Corresponding Amount City Attorney John Nagel left the room prior to and during consideration of this item. Director of Human Resources Tina Murphy provided the staff report. Mayor Hendricks provided additional information. Public hearing opened at 10:16 p.m. No speakers. Public hearing closed at 10:17 p.m. MOTION: Councilmember Melton moved and Vice Mayor Klein seconded the motion to approve Alternative 1: Adopt a resolution amending the City’s Salary Schedule to increase the control point for the City Attorney classification by six percent, effective July 15, 2018, and authorize the Mayor to approve an amendment to the City Attorney’s Employment Agreement to increase the annual salary by a corresponding amount. The motion carried by the following vote: City of Sunnyvale Page 9 City Council Meeting Minutes - Final July 17, 2018 Yes: 7 - Mayor Hendricks Vice Mayor Klein Councilmember Griffith Councilmember Larsson Councilmember Smith Councilmember Melton Councilmember Goldman No: 0 Following action on this item, City Attorney John Nagel returned to the room. Following action on Item 3, Council considered Item 5. 5 18-0348 Selection of Name for New City Park at the Vale Development Director of Public Works Chip Taylor provided the staff report. Public hearing opened at 10:28 p.m. Deborah Wiser spoke in support of naming the park after her husband Loren L. Wiser, City Arborist. Ingrid Christensen spoke in support of naming the park after Loren L. Wiser. John Simontacchi spoke in support of naming the park after Loren Wiser. Robert Reid spoke in support of naming the park after Loren Wiser. Peter Cirigliano spoke in support of naming the park after Jeanine Stanek. Public hearing closed at 10:41p.m. MOTION: Vice Mayor Klein moved and Councilmember Smith seconded the motion to approve Alternative 3, to name the park “Wiser Park”. The motion carried by the following vote: City of Sunnyvale Page 10 City Council Meeting Minutes - Final July 17, 2018 Yes: 7 - Mayor Hendricks Vice Mayor Klein Councilmember Griffith Councilmember Larsson Councilmember Smith Councilmember Melton Councilmember Goldman No: 0 Following action on Item 5, Council considered Item 8. 8 18-0526 Adopt a Resolution Calling for a General Municipal Election to be Held in the City of Sunnyvale on Tuesday, November 6, 2018 for the Purpose of Submitting to City Voters a Measure to Increase the Transient Occupancy Tax Rate; Requesting Consolidation with the Statewide General Election and Election Services from Santa Clara County; Directing the City Attorney to Prepare an Impartial Analysis; and Setting Priorities for Ballot Arguments. City Attorney John A. Nagel provided the staff report. Public hearing opened at 10:54 p.m. Don Eagleston, speaking on behalf of the Chamber of Commerce, spoke in opposition to increasing the transient occupancy tax. Kamlesh Patel spoke in opposition to an increase in the transient occupancy tax. Arvind Bhakta spoke in opposition to an increase in the transient occupancy tax. Public hearing closed at 11:06 p.m. MOTION: Councilmember Melton moved and Vice Mayor Klein seconded the motion to approve Alternative 1: Adopt a resolution calling for a General Municipal Election to be held in the City of Sunnyvale on Tuesday, November 6, 2018 for the purpose of submitting to City voters a measure to increase the Transient Occupancy Tax Rate; requesting consolidation with the Statewide General Election and election City of Sunnyvale Page 11 City Council Meeting Minutes - Final July 17, 2018 services from Santa Clara County; directing the City Attorney to prepare an impartial analysis; and setting priorities for ballot arguments: which would be version b. Authorize one member of the City Council to submit a written argument in favor of the measure: the Mayor Glenn Hendricks; at Mayor Glenn Hendricks’ discretion, the argument may also be signed by other members of the City Council, bona fide associations, or individual voters who are eligible to vote on the measure. In the event that an argument is filed for the measure, Mayor Glenn Hendricks is also authorized to submit a rebuttal argument on behalf of the City Council, which, at Mayor Glenn Hendricks’ discretion, may also be signed by members of the City Council, bona fide associations, or individual voters who are eligible to vote on the measure. Signatures on the rebuttal argument may be different from those who signed the primary argument. The motion carried by the following vote: Yes: 4 - Mayor Hendricks Vice Mayor Klein Councilmember Larsson Councilmember Melton No: 3 - Councilmember Griffith Councilmember Smith Councilmember Goldman Following action on Item 8, Council resumed the regular order of the agenda and considered Item 4. 4 18-0604 Approve City’s Response to the 2017- 2018 Santa Clara County Civil Grand Jury Report entitled “Police and the Mentally Ill: Improving Outcomes Captain Shawn Ahearn of the Sunnyvale Department of Public Safety provided the staff report. Public hearing opened at 11:27 p.m. No speakers. Public hearing closed at 11:27 p.m. MOTION: Councilmember Melton moved and Councilmember Smith seconded the motion to approve Alternative 1: Approve the City's response to the 2017 2018 City of Sunnyvale Page 12 City Council Meeting Minutes - Final July 17, 2018 Santa Clara County Civil Grand Jury report as presented in Attachment 1 to the report and authorize the Mayor to sign the response. 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 Following action on Item 4, Council considered Item 6. 6 18-0265 Accept the Climate Action Plan Biennial Progress Report 2018 and Find that the Action is Exempt from Environmental Review under CEQA Guidelines Section 15378(b)(5) Regulatory Programs Division Manager Melody Tovar provided the staff report. Public hearing opened at 11:57 p.m. Mason Fong requested that CAP 2.0 meetings not be held on the same days as the Valley Transportation Authority Board meetings because it puts citizens in a position to choose between climate and transportation meetings. He also noted that the City of San Jose has an Art Fund under the sustainability program and it pays for installation of art that teaches children how to conserve water, and he would like to see this as a strategy in the CAP 2.0. He also recommended the Council urge the Valley Transportation Authority to expedite its adoption of vehicle miles standard prior to the 2020 timeline. Public hearing closed at 12 a.m. MOTION: Councilmember Smith moved and Vice Mayor Klein seconded the motion to approve Alternatives 1 and 3: 1) Accept the Climate Action Plan Biennial Progress Report 2018 (Attachment 2 to the report); and 3) Find that the action is exempt from environmental review under California Environmental Quality Act City of Sunnyvale Page 13 City Council Meeting Minutes - Final July 17, 2018 Guidelines Section 15378(b)(5). 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 MOTION: Councilmember Melton moved and Vice mayor Klein seconded the motion to continue with Item 7. 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 7 18-0461 Adopt a Resolution Calling a General Municipal Election to be Held in the City of Sunnyvale on Tuesday, November 6, 2018, for the Purpose of Submitting to City Voters a Ballot Measure Concerning an Amendment to the City Charter to Amend Section 604 Relating to Council Vacancies; Requesting Consolidation with the Statewide General Election and Election Services from Santa Clara County; Directing the City Attorney to Prepare an Impartial Analysis; and Setting Priorities for Ballot Arguments City Attorney John Nagel provided the staff report. Public hearing opened at 12:07 a.m. City of Sunnyvale Page 14 City Council Meeting Minutes - Final July 17, 2018 No speakers. Public hearing closed at 12:07 a.m. MOTION: Councilmember Melton moved and Vice Mayor Klein seconded the motion to approve Alternative 1: Adopt a resolution calling a General Municipal Election to be held in the City of Sunnyvale on Tuesday, November 6, 2018, for the purpose of submitting to City Voters a ballot measure concerning an amendment to the City Charter to amend Section 604 relating to Council Vacancies; requesting consolidation with the Statewide General Election and Election Services from Santa Clara County; directing the City Attorney to prepare an impartial analysis; and setting priorities for ballot arguments; Choice b. Authorize one member of the City Council to submit a written argument in favor of the measure: Mayor Glenn Hendricks; at Mayor Glenn Hendricks’ discretion, the argument may also be signed by other members of the City Council, bona fide associations, or individual voters who are eligible to vote on the measure. In the event that an argument is filed for the measure, Mayor Glenn Hendricks is also authorized to submit a rebuttal argument on behalf of the City Council, which, at Mayor Glenn Hendricks’ discretion, may also be signed by members of the City Council, bona fide associations, or individual voters who are eligible to vote on the measure. Signatures on the rebuttal argument may be different from those who signed the primary argument. The 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 MOTION: Councilmember Melton moved and Vice Mayor Klein seconded the motion to continue with Item 9. The motion carried by the following vote: City of Sunnyvale Page 15 City Council Meeting Minutes - Final July 17, 2018 Yes: 7 - Mayor Hendricks Vice Mayor Klein Councilmember Griffith Councilmember Larsson Councilmember Smith Councilmember Melton Councilmember Goldman No: 0 9 18-0459 Adopt a Resolution Confirming the Report and Assessment List for Unpaid Administrative Citations to be Placed on the FY 2018/19 County of Santa Clara Property Tax Roll, and Find that this Action is Exempt from CEQA Director of Finance Tim Kirby provided the staff report. Public hearing opened at 12:10 a.m. No speakers. Public hearing closed at 12:10 a.m. MOTION: Councilmember Melton moved and Vice Mayor Klein seconded the motion to approve Alternative 1: Find that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378 (b) (5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment and adopt a resolution confirming the Report and Assessment List for unpaid administrative fines to be placed on the FY 2018/19 County of Santa Clara Property Tax Roll. 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 16 City Council Meeting Minutes - Final July 17, 2018 MOTION: Councilmember Melton moved and Councilmember Griffith seconded the motion to carry on with the balance of the agenda. 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 Councilmember Griffith provided a report of an emergency study session of the Recycling and Waste Reduction Commission to discuss SB1383 in 2016. Councilmember Larsson provided a report, as Liaison to the Sustainability Commission, a meeting of the Commission at which a presentation was made by Solid Waste Programs Division Manager Mark Bowers about the state of recycling. Vice Mayor Klein provided a report of the Cities Association meeting held last month; he was appointed to the Countywide Successor Agency; a proposal was made for approving a Regional Housing Needs Assessment (RHNA) subregion for affordable housing; and the Cities Association approved the creation of a South Bay Roundtable for airplane noise. Councilmember Smith provided information regarding a report from the Silicon Valley Clean Energy Board on a baseline of greenhouse gas accounting and energy metrics. NON-AGENDA ITEMS & COMMENTS -Council Mayor Hendricks sponsored a study issue on banning candy flavored e-cigarettes; Councilmember Melton co-sponsored. Mayor Hendricks sponsored a study issue to define a policy giving the Mayor authority to decide what flag to fly; Councilmembers Smith, Vice Mayor Klein, Griffith City of Sunnyvale Page 17 City Council Meeting Minutes - Final July 17, 2018 and Melton co-sponsored. Mayor Hendricks sponsored a study issue to define policies for aesthetics for small cell tower installations; co-sponsored by Councilmembers Melton, Vice Mayor Klein, Larsson and Goldman. -City Manager None. INFORMATION ONLY REPORTS/ITEMS 18-0196 Tentative Council Meeting Agenda Calendar 18-0579 Information/Action Items 18-0642 Board/Commission Resignations (Information Only) ADJOURNMENT Mayor Hendricks and Councilmember Griffith closed the meeting in honor of Mike Campbell. Mayor Hendricks adjourned the meeting at 12:25 a.m. City of Sunnyvale Page 18

Agenda

City of Sunnyvale Notice and Agenda City Council Tuesday, July 17, 2018 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 | Regular Meeting- 7 PM 4:30 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 18-0625 Closed Session held pursuant to California Government Code (Paragraph (1) of subdivision (d) of Section 54956.9): CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Name of case: U.S. Firearms Company, LLC, et al. vs. City of Sunnyvale; The Sunnyvale City Council; Santa Clara County Superior Court, Case No. 1-13-cv-257353 18-0352 Closed Session held pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Attorney 18-0353 Closed Session held pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager 5 Adjourn Special Meeting City of Sunnyvale Page 1 Printed on 7/12/2018 City Council Notice and Agenda July 17, 2018 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 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 18-0185 Approve City Council Meeting Minutes of June 26, 2018 Recommendation: Approve the City Council Meeting Minutes of June 26, 2018 as submitted. 1.B 17-1115 Approve the List(s) of Claims and Bills Approved for Payment City of Sunnyvale Page 2 Printed on 7/12/2018 City Council Notice and Agenda July 17, 2018 by the City Manager Recommendation: Approve the list(s) of claims and bills. 1.C 18-0383 Award of Contract for Soccer Instruction Classes and Camps (F18-237) Recommendation: 1) Award a two-year contract to Kidz Love Soccer to provide instructional classes and camps, in substantially the same form as Attachment 1 of the staff report, and authorize the City Manager to execute the contract when all necessary conditions have been met; and 2) Authorize the City Manager to renew the contract for three additional one-year extensions, provided services and pricing remain acceptable to the City. 1.D 18-0451 Appoint a City Representative to the Valley Transportation Authority Bicycle and Pedestrian Advisory Committee Recommendation: Re-appoint Mr. David Simons as Sunnyvale's representative for the Santa Clara Valley Transportation Authority (VTA) Bicycle and Pedestrian Advisory Committee for a two-year term, starting July 1, 2018 and ending June 30, 2020. 1.E 18-0527 Award of Contract for Consultant Services Associated with the Development of the Lawrence Station Area Sense of Place Plan (F18-266) Recommendation: 1) Award a contract to Callander Associates for consultant services in an amount not to exceed $114,957, in substantially the same form as Attachment 1 to the report and authorize the City Manager to execute the contract when all necessary conditions have been met; and 2) approve a 10% project contingency in the amount of $11,496. 1.F 18-0548 Award of Bid No. PW18-17 for Mary-Carson Tank No. 2 Refurbishment, Determination of Bid Non-responsiveness, and Finding of California Environmental Quality Act categorical exemption City of Sunnyvale Page 3 Printed on 7/12/2018 City Council Notice and Agenda July 17, 2018 Recommendation: 1) Make a finding of a categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (b) for existing facilities involving negligible or no expansion of use beyond which presently exists; 2) Award a contract in substantially the same form as Attachment 2 to the report in the amount $1,042,820 to West Coast Industrial Coatings, Inc. and authorize the City Manager to execute the contract when all necessary conditions have been met; 3) approve a 15% construction contingency in the amount of $156,423; and 4) make a determination that the bid received from Paso Robles Tank Coating, Inc. is non-responsive. 1.G 18-0552 Award a Contract for the Installation of Landfill Gas Condensate Retrofit Pumps and Ancillary Equipment (F18-275) and Approve Budget Modification No. 2 Recommendation: Award a contract in substantially the same form as Attachment 1 to the report and in the amount of $175,774 to Real Environmental Products, LLC, authorize the City Manager to execute the contract when all the necessary conditions have been met, and approve Budget Modification No. 2 in the amount of $175,774. 1.H 18-0560 Authorize the Issuance of a Purchase Order for Sewer Line On-Call Maintenance and Repair Services (F18-245) Recommendation: 1) Authorize the City Manager to issue a purchase order to Able Construction Group, Inc. in an amount of $200,000, and 2) Delegate authority to the City Manager to renew the Purchase Order for two additional one-year periods, subject to available funding and acceptable pricing and services. 1.I 18-0615 Adopt Ordinance No. 3134-18 to Amend Chapter 2.07 of Title 2 (Administration and Personnel) of the Sunnyvale Municipal Code Relating to Purchase, Sale or Lease of Real Property (PARCS) Recommendation: Adopt Ordinance No. 3134-18 1.J 18-0635 Approve the Second Amendment to Outside Counsel Agreement with Bertrand, Fox & Elliot for Litigation Services in the Matter of Bagley v. Santa Clara County, et al. City of Sunnyvale Page 4 Printed on 7/12/2018 City Council Notice and Agenda July 17, 2018 Recommendation: Authorize the City Attorney to execute a Second Amendment, in substantially the same form as Attachment 1 to the report, to the Outside Counsel Agreement with the law firm of Bertrand, Fox & Elliot to increase the not-to-exceed amount by $100,000, for a new not-to-exceed contract amount of $300,000. 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 18-0465 File #: 2017-7217 Location: 617 East Evelyn Avenue (APN: 209-02-001) Proposed Project: Appeal by the Blue Bonnet Residents Committee of a decision by the Planning Commission to conditionally approve: SPECIAL DEVELOPMENT PERMIT: to redevelop the Blue Bonnet Mobile Home Park to a 62-unit townhouse development with associated site improvements (net increase of eight units); VESTING TENTATIVE MAP: to subdivide one lot into 62 lots and three common lots. Zoning: R-3/PD - Medium Density Residential / Planned Development Applicant / Owner: East Dunne Investors, LLC (applicant) / Chien-Nan and Sue Chuang Trustee (owners) Environmental Review: Mitigated Negative Declaration Project Planner: Momoko Ishijima, (408) 730-7532, mishijima@sunnyvale.ca.gov Recommendation: Alternative 1: Deny the appeal and affirm the Planning Commission's determination to adopt the Mitigated Negative Declaration and approve the Special Development Permit and Vesting Tentative Map subject to the revised recommended conditions of approval in Attachment 4 of the report. 3 18-0627 Consider Amending (1) the Salary Schedule of the City’s City of Sunnyvale Page 5 Printed on 7/12/2018 City Council Notice and Agenda July 17, 2018 Salary Resolution to Increase the Control Point for the City Attorney Classification by Six Percent and (2) the Employment Agreement between the City of Sunnyvale and City Attorney John A. Nagel to Increase the Salary by a Corresponding Amount Recommendation: Staff makes no recommendation. This report is developed to facilitate conversation for the public hearing and action by the City Council. 4 18-0604 Approve City’s Response to the 2017- 2018 Santa Clara County Civil Grand Jury Report entitled “Police and the Mentally Ill: Improving Outcomes Recommendation: Alternative 1: Approve the City's response to the 2017-2018 Santa Clara County Civil Grand Jury report as presented in Attachment 1 to the report and authorize the Mayor to sign the response. 5 18-0348 Selection of Name for New City Park at the Vale Development Recommendation: Staff has no recommendation. 6 18-0265 Accept the Climate Action Plan Biennial Progress Report 2018 and Find that the Action is Exempt from Environmental Review under CEQA Guidelines Section 15378(b)(5) Recommendation: Alternatives 1 and 3: 1) Accept the Climate Action Plan Biennial Progress Report 2018 (Attachment 2 to the report); and 3) Find that the action is exempt from environmental review under California Environmental Quality Act Guidelines Section 15378(b)(5). 7 18-0461 Adopt a Resolution Calling a General Municipal Election to be Held in the City of Sunnyvale on Tuesday, November 6, 2018, for the Purpose of Submitting to City Voters a Ballot Measure Concerning an Amendment to the City Charter to Amend Section 604 Relating to Council Vacancies; Requesting Consolidation with the Statewide General Election and Election Services from Santa Clara County; Directing the City Attorney to Prepare an Impartial Analysis; and Setting Priorities for Ballot Arguments City of Sunnyvale Page 6 Printed on 7/12/2018 City Council Notice and Agenda July 17, 2018 Recommendation: Alternative 1: Adopt a resolution calling a General Municipal Election to be held in the City of Sunnyvale on Tuesday, November 6, 2018, for the purpose of submitting to City Voters a ballot measure concerning an amendment to the City Charter to amend Section 604 relating to Council Vacancies; requesting consolidation with the Statewide General Election and Election Services from Santa Clara County; directing the City Attorney to prepare an impartial analysis; and setting priorities for ballot arguments. 8 18-0526 Adopt a Resolution Calling for a General Municipal Election to be Held in the City of Sunnyvale on Tuesday, November 6, 2018 for the Purpose of Submitting to City Voters a Measure to Increase the Transient Occupancy Tax Rate; Requesting Consolidation with the Statewide General Election and Election Services from Santa Clara County; Directing the City Attorney to Prepare an Impartial Analysis; and Setting Priorities for Ballot Arguments. Recommendation: Alternative 1: Adopt a resolution calling for a General Municipal Election to be held in the City of Sunnyvale on Tuesday, November 6, 2018 for the purpose of submitting to City voters a measure to increase the Transient Occupancy Tax Rate; requesting consolidation with the Statewide General Election and election services from Santa Clara County; directing the City Attorney to prepare an impartial analysis; and setting priorities for ballot arguments. 9 18-0459 Adopt a Resolution Confirming the Report and Assessment List for Unpaid Administrative Citations to be Placed on the FY 2018/19 County of Santa Clara Property Tax Roll, and Find that this Action is Exempt from CEQA Recommendation: Alternative 1: Find that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378 (b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment and adopt a resolution confirming the Report and Assessment List for unpaid administrative fines to be placed on the FY 2018/19 County of Santa Clara Property Tax Roll. City of Sunnyvale Page 7 Printed on 7/12/2018 City Council Notice and Agenda July 17, 2018 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS NON-AGENDA ITEMS & COMMENTS -Council -City Manager INFORMATION ONLY REPORTS/ITEMS 18-0196 Tentative Council Meeting Agenda Calendar 18-0579 Information/Action Items 18-0642 Board/Commission Resignations (Information Only) 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 8 Printed on 7/12/2018 City Council Notice and Agenda July 17, 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 9 Printed on 7/12/2018

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