City Council
Regular MeetingSunnyvale, CA · July 17, 2018
Minutes
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
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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
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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:
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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
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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
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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
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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
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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:
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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:
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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:
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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
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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
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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
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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.
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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:
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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
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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
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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
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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
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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.
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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
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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
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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.
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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.
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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
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