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City Council Minutes - 3/16/99

MINUTES
SUNNYVALE CITY COUNCIL
MARCH 16, 1999

 

The City Council of the City of Sunnyvale met in a regularly scheduled meeting in the City Council Chambers, 456 W. Olive Avenue, Sunnyvale, California, at 7:30 p.m., with Mayor Manuel Valerio presiding.

SALUTE TO THE FLAG

ROLL CALL

PRESENT: Jack Walker, Jim Roberts, Pat Vorreiter, Manuel Valerio, Stan Kawczynski, Fred Fowler, Julia Miller

ABSENT: None

ALSO PRESENT:

Robert S. LaSala, City Manager
Valerie J. Armento, City Attorney
Amy Chan, Assistant City Manager
David Boesch, Director of Community Development
Shawn Hernandez, Director of Information Technology
Marilyn Crane, Information Technology Services Manager
Gail Price, Principal Planner
Ray Williamson, City Traffic Engineer
Heather Tannehill, Operations Manager/Dept. of Public Safety
David Vossbrink, Community Relations Officer
Carol Ann Butler, Deputy City Clerk

 

PUBLIC ANNOUNCEMENTS

Vice Mayor Vorreiter announced "Rivers of Chocolate" Benefit Event for Social Advocates for Youth. The event is being held March 21st at the Mountain Winery in Saratoga beginning at 3 p.m. For further information contact 253-3540.

Councilmember Miller announced the Blue Ribbon Water Transit Task Force - South Bay Forum scheduled meeting on April 21st at 1 p.m. at NASA Ames Conference Center.

 

CONSENT CALENDAR

1A.

APPROVAL OF MINUTES (MARCH 2,1999)

VORREITER moved approval of minutes as submitted, seconded by MILLER and carried unanimously.

1B.

LIST OF CLAIMS AND BILLS APPROVED FOR PAYMENT BY THE CITY MANAGER.

REPORT NO. 99-107

STAFF RECOMMENDATION

That Council review the lists of bills.

VORREITER moved approval of the review of claims and bills, seconded by MILLER and carried unanimously.

1C.

ESTABLISHING MAXIMUM RATES FOR TAXICAB SERVICE WITHIN THE CITY OF SUNNYVALE.

REPORT NO. 99-083

STAFF RECOMMENDATION

That Council adopt the resolution.

Title of Resolution No. 121–99:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ESTABLISHING MAXIMUM RATES FOR TAXICAB SERVICE WITHIN THE CITY OF SUNNYVALE.

VORREITER moved adoption of Resolution No. 121-99, seconded by MILLER and carried by the following roll call vote:

AYES: WALKER, ROBERTS, VORREITER, VALERIO,

KAWCZYNSKI, FOWLER, MILLER

NOES: NONE

ABSENT: NONE

 

1D.

AWARD OF CONTRACT: FITZGERALD TOURS, INC. FOR OLDER ADULT TRIP PROGRAM.

REPORT NO. 99-122

STAFF RECOMMENDATION

That Council award the contract to Fitzgerald Tours, Inc. for a Senior Center trip, "Albuquerque Fiesta."

VORREITER moved award of contract to Fitzgerald Tours, Inc., seconded by MILLER and carried unanimously.

1E.

AWARD OF CONTRACT: OZARK MOUNTAIN SIGHTSEEING FOR OLDER ADULT TRIP PROGRAM.

REPORT NO. 99-091

STAFF RECOMMENDATION

That Council award the contract to Ozark Mountain Sightseeing for a Senior Center trip, "The Grand Millennium 2000".

VORREITER moved award of contract to Ozark Mountain Sightseeing, seconded by MILLER and carried unanimously.

1F.

CONSULTANT SERVICES AGREEMENT WITH VANDERWEIL FACILITY ADVISORS FOR BUILDING INFRASTRUCTURE PRESERVATION STUDY PROJECT (PR-98-8).

REPORT NO. 99-095

STAFF RECOMMENDATION

That Council authorize the City Manager to execute the agreement with Vanderweil Facility Advisors in an amount not to exceed $98,663.00 for preparation of a Building Infrastructure Assessment Study and Report.

VORREITER moved to authorize the City Manager to execute the agreement with Vanderweil Facility Advisors in an amount not to exceed $98,663.00 for preparation of a Building Infrastructure Assessment Study and Report, seconded by MILLER and carried unanimously.

1G.

ACCEPTANCE OF IMPROVEMENTS – BAYLANDS BRIDGE AT SANTA CLARA VALLEY WATER DISTRICT EAST CHANNEL (PR-97-14).

Councilmember Miller removed Item 1G from the Consent Calendar to ask staff the source of funding for this project. Staff indicated the source of funds is the Association of Bay Area Government (ABAG).

REPORT NO. 99-098

STAFF RECOMMENDATION

That Council adopt the resolution.

The public hearing was declared opened and closed at 7:38 p.m.

Title of Resolution No. 122-99:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ACCEPTING AS COMPLETED WORK FOR BAYLANDS BRIDGE AT SANTA CLARA VALLEY WATER DISTRICT EAST CHANNEL (PR-97-14), AUTHORIZING FINAL PAYMENT AND DIRECTING CITY CLERK TO FILE NOTICE OF COMPLETION.

MILLER moved adoption of Resolution No. 122-99, seconded by VORREITER and carried by the following roll call vote:

AYES: WALKER, ROBERTS, VORREITER, VALERIO,

KAWCZYNSKI, FOWLER, MILLER

NOES: NONE

ABSENT: NONE

1H.

AWARD OF BID #F9812-44: RUGGEDIZED NOTEBOOK COMPUTERS FOR PATROL CARS.

REPORT NO. 99-099

STAFF RECOMMENDATION

That Council award the contract to Motorola Electronics of San Mateo to furnish thirty-seven ruggedized notebook computers with accessories for the Information Technology Department.

 

VORREITER moved to award the contract to Motorola Electronics of San Mateo to furnish thirty-seven ruggedized notebook computers with accessories for the Information Technology Department, seconded by MILLER and carried unanimously.

1I.

AWARD OF CONTRACT#F9903-73: VEHICULAR RADIO MODEMS.

REPORT NO. 99-100

STAFF RECOMMENDATION

That Council award the contract to Motorola Electronics of San Mateo for thirty-four vehicular radio modem systems for the Information Technology Department.

VORREITER moved to award the contract to Motorola Electronics of San Mateo for thirty-four vehicular radio modem systems for the Information Technology Department, seconded by MILLER and carried unanimously.

1J.

AWARD OF BID #F9901-55: MOBILE COMPUTER MOUNTING SYSTEMS.

REPORT NO. 99-101

STAFF RECOMMENDATION

That Council award the contract to Motorola Electronics of San Mateo for thirty-four mounting systems for notebook computers for the Information Technology Department.

VORREITER moved to award the contract to Motorola Electronics of San Mateo for thirty-four mounting systems for notebook computers for the Information Technology Department, seconded by MILLER and carried unanimously.

1K.

AWARD OF CONTRACT #F9902-59: FIRE STATION EXHAUST EXTRACTION SYSTEM.

REPORT NO. 99-102

STAFF RECOMMENDATION

That Council award the contract to the Neu-Tech Company of Loomis, California, to furnish and install exhaust extraction systems at all six Sunnyvale fire stations for the Department of Public Works/Engineering.

VORREITER moved to award the contract to the Neu-Tech Company of Loomis, California, to furnish and install exhaust extraction systems at all six Sunnyvale fire stations for the Department of Public Works/Engineering, seconded by MILLER and carried unanimously.

1L.

AWARD OF BID #F9901-53: PORTABLE AIR COMPRESSORS.

REPORT NO. 99-103

STAFF RECOMMENDATION

That Council award the contract to Ingersoll-Rand Company of San Leandro for three portable air compressors for the Department of Public Works Fleet Maintenance Division.

VORREITER moved to award the contract to Ingersoll-Rand Company of San Leandro for three portable air compressors, for the Dept. of Public Works Fleet Maintenance Division, seconded by MILLER and carried unanimously.

1M.

AWARD OF BID #F9901-51: AGGREGATE, CRUSHED GRANITE AND SAND.

REPORT NO. 99-104

STAFF RECOMMENDATION

That Council award a two-year contract to Andrade Trucking of San Jose for aggregate, crushed granite and sand for the Department of Public Works Street Maintenance Program.

VORREITER moved to award a two-year contract to Andrade Trucking of San Jose for aggregate, crushed granite and sand for the Department of Public Works Street Maintenance Program, seconded by MILLER and carried unanimously.

1N.

AWARD OF BID #F9810-29: COUNCIL CHAMBER ENHANCEMENTS AND BUDGET MODIFICATION #22.

REPORT NO. 99-105

STAFF RECOMMENDATION

That Council approve budget modification #22 and award a contract in the amount of $272,712 to Ceitronics Information Delivery Systems of San Jose to furnish and install Council Chamber audio visual and voting enhancements and authorize the Purchasing Officer to issue a purchase order to that effect.

Councilmember Milller removed Item 1N from the Consent Calendar for staff to review status of report and proposed upgrades.

Shawn Hernandez, Director of Information Technology, presented the staff report. Marilyn Crane, Information Technology Services Manager, was available to respond to Council questions.

Staff indicated the project was scheduled to be in place within the next 90-days.

The public hearing was declared opened and closed at 7:40 p.m.

MILLER moved to approve budget modification #22 and award a contract in the amount of $272,712 to Ceitronics Information Delivery Systems of San Jose to furnish and install Council Chamber audio visual and voting enhancements and authorize the Purchasing Officer to issue a purchase order to that effect, seconded by WALKER and carried unanimously.

1O.

AWARD OF CONTRACT #F9903-78: FIRE APPARATUS INTERCOM SYSTEMS.

REPORT NO. 99-106

STAFF RECOMMENDATION

That Council award a contract to Special T Fire Equipment, Inc., of Carmichael, California, for fire apparatus and emergency vehicle intercom systems for the Information Technology Department.

 

VORREITER moved to award a contract to Special T Fire Equipment, Inc., of Carmichael, California, for fire apparatus and emergency vehicle intercom systems for the Information Technology Department, seconded by MILLER and carried unanimously.

1P.

AWARD OF CONTRACT #F9903-79: TEMPORARY PERSONNEL PLACEMENT SERVICES.

REPORT NO. 99-108

STAFF RECOMMENDATION

That Council award a one-year contract to Bay Span Construction, Inc., of Fairfield for the provision of temporary skilled craftsmen for the Department of Human Resources.

VORREITER moved to award a one-year contract to Bay Span Construction, Inc., of Fairfield for the provision of temporary skilled craftsmen for the Department of Human Resources, seconded by MILLER and carried unanimously.

1Q.

CITY-COUNTY PROJECT AGREEMENT FOR A TRAFFIC ADAPTIVE TRAFFIC SIGNAL CONTROL PROJECT.

REPORT NO. 99-110

STAFF RECOMMENDATION

That Council approve the agreement authorizing the City Manager to execute the agreement authorizing the City Manager to execute the agreement with the County of Santa Clara.

VORREITER moved to approve the agreement authorizing the City Manager to execute the agreement authorizing the City Manager to execute the agreement with the County of Santa Clara, seconded by MILLER and carried unanimously.

1R.

AWARD OF CONTRACT #F9903-77: PROFESSIONAL DESIGN SERVICES FOR THE SENIOR CENTER PROJECT.

REPORT NO.99-113

 

STAFF RECOMMENDATION

That Council award a contract to The Steinberg Group of San Jose for professional design services to prepare conceptual plans, schedules and cost estimates for the proposed Senior Center for the Department of Public Works/Engineering Division.

VORREITER moved to award a contract to The Steinberg Group of San Jose for professional design services to prepare conceptual plans, schedules and cost estimates for the proposed Senior Center for the Department of Public Works/Engineering Division, seconded by MILLER and carried unanimously.

1S.

ADOPTION OF ORDINANCE NO. 2589-99: AWARD OF TAXICAB FRANCHISE TO GREEN CAB COMPANY SUNNYVALE.

STAFF RECOMMENDATION

That Council adopt the ordinance.

Title of Ordinance No. 2589-99:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AWARDING NONEXCLUSIVE FRANCHISE TO RAJINDER SINGH RANDHAWA DBA GREEN CAB COMPANY.

VORREITER moved adoption of Ordinance No. 2589-99, seconded by MILLER and carried by the following roll call vote:

AYES: WALKER, ROBERTS, VORREITER,VALERIO,

KAWCZYNSKI, FOWLER, MILLER

NOES: NONE

ABSENT: NONE

1T.

ADOPTION OF ORDINANCE NO. 2590-99: REZONE PORTIONS OF THE DOWNTOWN SPECIFIC PLAN/SUB-DISTRICTS 18a AND 18b TO THE DOWNTOWN SPECIFIC PLAN/SUB-DISTRICT 18 ZONING DISTRICT.

 

STAFF RECOMMENDATION

That Council adopt the ordinance.

Title of Ordinance No. 2590-99:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE PRECISE ZONING PLAN, ZONING DISTRICTS MAP AND THE DOWNTOWN SPECIFIC PLAN TO REZONE CERTAIN PROPERTY LOCATED AT DOWNTOWN SPECIFIC PLAN SITES FROM SUBDISTRICT 18A AND 18B TO DOWNTOWN SPECIFIC PLAN SUBDISTRICT 18.

VORREITER moved adoption of Ordinance No. 2590-99, seconded by MILLER and carried by the following roll call vote:

AYES: WALKER, ROBERTS, VORREITER, VALERIO

KAWCZYNSKI, FOWLER, MILLER

NOES: NONE

ABSENT: NONE

 

PUBLIC HEARINGS/GENERAL BUSINESS

2.

EXAMINATION OF 35% FAR IN INDUSTRIAL AREAS (PHASE 2) ADDRESS: CONCEPT OF DESIGNATION AREAS FOR A CAP OF 35% FAR AND REVIEW OF CRITERIA FOR PROJECTS WITH GREATER THAN 35% FAR. (CONTINUE TO COUNCIL MEETING OF APRIL 6, 1999)

VORREITER moved continuance to April 6, 1999, seconded by ROBERTS and carried unanimously.

The public hearing was declared opened at 7:44 p.m.

Appearance:

Ray Montalvo

Chair/Legislative Committee of SV Chamber of Commerce

Mr. Montalvo requested Council continue the hearing to May 4, 1999, to allow further input from the Chamber members.

The public hearing was declared closed at 7:50 p.m.

VORREITER moved request be granted and continuance of the public hearing to May 4, 1999, seconded by ROBERTS and carried unanimously.

3.

USE PERMIT TO ALLOW INCREASE FAR OF 50% WHERE 35% IS ALLOWED ON A 12.2 ACRE PARCEL FOR PROPERTY LOCATED AT 1184 AND 1194 N. MATHILDA AVENUE IN AN M-3 (GENERAL INDUSTRIAL) ZONING DISTRICT. (LOCKHEED MISSILES & SPACE/MENLO EQUITIES LLC).

REPORT NO. 99-109

STAFF RECOMMENDATION

David Boesch, Director of Community Development, presented the staff report. Gail Price, Principal Planner, and Ray Williamson, City Traffic Engineer, were available to respond to Council questions.

The public hearing was declared opened at 8:45 p.m.

The following speakers represented the applicant and addressed issues relating to siting and futures study, architectural design:

Jim Baer

Jane Vaughn

Ken Kay, Project architect/Kenkay Associates

The following speakers spoke in opposition of the proposed use permit:

Werner Gans

Mr. Gans commented on the importance of maintaining the quality of life in Sunnyvale and keeping the city a suburban community.

Timothy K. Risch

Mr. Risch addressed policy decisions regarding 50% FAR, parking reduction, TDM projects and the deficit of capital improvements with traffic improvement projects in the future. Mr. Risch requested the City wait until the FAR policy is approved before taking action on this use permit.

At this time Jim Baer and Jane Vaughn (representing the applicant) made closing remarks.

The public hearing was declared closed at 10:20 p.m.

 

WALKER moved to affirm the Mitigated Negative Declaration and approve the Use Permit, with the following modified conditions: (1) Condition 8a: Reduce the parking to a maximum of "968 spaces with 35 spaces allocated to Park & Ride." At the time of issuance of a building permit, pay a traffic fee of $240,000.00; (2) Condition 8b: add a sentence to read: "Some spaces may be reduced upon transferring to Park & Ride, which would be agreeable to staff." Condition 8d: Delete "bicycle parking" and insert "bicycle facilities" and be reviewed by the Bicycle Advisory Committee; Condition 19: Add the wording: "Not limited to metal and stone, a landscaping component not limited to topiaries, pagodas and waterfalls." seconded by VORREITER and carried unanimously.

At this time (11 p.m.) the Mayor declared a 10-minute recess, reconvening at (11:10 p.m.) with all Councilmembers present.

4.

INTRODUCTION OF ORDINANCE: AWARD OF TAXICAB FRANCHISE TO WEST VALLEY CAB COMPANY.

REPORT NO. 99-096

STAFF RECOMMENDATION

That staff introduce the ordinance.

Heather Tannehill, Operations Manager/Dept. of Public Safety, presented the staff report.

The public hearing was declared opened at 11:13 p.m.

Appearances:

Bill Schweitzer

Owner of Computer Cab Company in SV/San Jose and Yellow Cab Company in Mtn. View & Palo Alto.

Mr. Schweitzer urged Council to not approve any additional taxicab franchises in Sunnyvale.

 

The public hearing was declared closed at 11:18 p.m.

Title of Ordinance No. 2592-99:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AWARDING NONEXCLUSIVE FRANCHISE TO BARBIR SINGH DBA WEST VALLEY CAB COMPANY.

ROBERTS moved introduction of Ordinance No. 2592-99, seconded by FOWLER and carried by the following roll call vote:

AYES: WALKER, ROBERTS, VORREITER, VALERIO,

KAWCZYNSKI, FOWLER, MILLER

NOES: NONE

ABSENT: NONE

5.

INTRODUCTION OF ORDINANCE: AWARD OF TAXICAB FRANCHISE TO SILICON VALLEY CHECKER CAB COMPANY.

REPORT NO. 99-097

STAFF RECOMMENDATION

That staff introduce the ordinance.

Heather Tannehill, Operations Manager/Dept. of Public Safety, presented the staff report.

The public hearing was declared opened at 11:20 p.m.

Appearances:

Joe Parrish, Jr. Vice-Pres./Checker Cab Company

Mr. Parrish requested Council grant franchise to Silicon Valley Checker Cab Company.

The public hearing was declared closed at 11:23 p.m.

Title of Ordinance No. 2593-99:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AWARDING NONEXCLUSIVE FRANCHISE TO LARRY SILVA AND DONALD SILVA DBA SILICON VALLEY CHECKER CAB COMPANY.

ROBERTS moved introduction of Ordinance No. 2593-99, seconded by FOWLER and carried by the following roll call vote:

AYES: WALKER, ROBERTS, VORREITER, VALERIO,

KAWCZYNSKI, FOWLER, MILLER

NOES: NONE

ABSENT: NONE

6.

PSOA NEGOTIATIONS – IMPASSE PROCEDURES/ADVISORY ARBITRATION.

REPORT NO. 99-112

STAFF RECOMMENDATION

That Council appoint two members to the advisory arbitration board from the names submitted, one from the electors submitted by the Municipal Employee Relations Officer (MERO) and one from the electors submitted by the Public Safety Officers Association (PSOA).

David Nieto, Director of Human Resources, presented the staff report.

The public hearing was declared opened and closed at 11:26 p.m.

VORREITER moved to appoint two members to the advisory arbitration board from the names submitted, one from the electors submitted by the Municipal Employee Relations Officer (MERO) and one from the electors submitted by the Public Safety Officers Association (PSOA), seconded by ROBERTS and carried unanimously.

MARC HYNES (Submitted by MERO)

AYES: ROBERTS, VORREITER, KAWCZYNSKI,

FOWLER, MILLER

NOES: NONE

ABSTAIN: WALKER, VALERIO

JAMES QUILLINAN (Submitted by MERO)

AYES: WALKER, VALERIO, MILLER

NOES: NONE

ABSTAIN: ROBERTS, VORREITER, KAWCZYNSKI, FOWLER

MICHAEL KELLEY (Submitted by PSOA)

AYES: KAWCZYNSKI, MILLER

NOES: NONE

ABSTAIN: WALKER, ROBERTS, VORREITER, VALERIO,

FOWLER

ANTHONY SPITALERI (Submitted by PSOA)

AYES: WALKER, ROBERTS, VORREITER, VALERIO,

KAWCZYNSKI, FOWLER

NOES: NONE

ABSTAIN: MILLER

 

MARC HYNES was appointed as MERO representative and ANTHONY SPITALERI was appointed as PSOA representative.

6.

PRE-APPEAL OF THE ADMINISTRATIVE HEARING AGENDA OF MARCH 24TH.

REPORT NO. 99-111

STAFF RECOMMENDATION

That Council review agenda and appeal an application where appropriate.

No action taken.

CITIZENS TO BE HEARD

Timothy K. Risch commented on action taken on Agenda Item No. 3 regarding 50% FAR. Mr. Risch requested that staff take a look at alternative measures.

Councilmember Walker and Mayor Valerio requested a Council Study Issue on 35% FAR Alternatives.

 

NON-AGENDA ITEMS & COMMENTS

COUNCIL

NAC-1

Councilmember Kawczynski commented on discussion of action taken on Agenda Item No. 3.

NAC-2

Vice Mayor Vorreiter asked the status of staff correspondence to TCI regarding the implementation of the History Channel as part of the basic service. Staff will follow-up.

NAC-3

Vice Mayor Vorreiter commented she participated on March 13th at the plaque dedication ceremony for the Del Monte Building.

NAC-4

Councilmember Miller commented she had also attended the March 13th dedication and added the success of the Vintage Fashion Show, sponsored by the Native Daughters of the Golden West. Councilmember Miller acknowledged City staff member Gayle Gleim for her contribution to the event.

NAC-5

Councilmember Miller asked the status of the noise ordinance. Councilmember Miller commented on staff coordinating with various departments to do equipment testing and working with City Attorney on preparation of ordinance language. Staff indicated the draft ordinance would return to Council within 1 month.

NAC-6

Mayor Valerio commented on use of Park & Ride lots. Mayor Valerio referred to VTA involvement with Park & Ride.

NAC-7

Mayor Valerio commented on status of valet parking in front of The Palace and Tarragon on Murphy Avenue. Staff indicated that the valet parking has been well received and there have been few complaints.

NAC-8

Mayor Valerio extended Happy St. Patrick’s Day wishes.

NAC-9

Mayor Valerio extended Happy Birthday wishes to Councilmember Walker, celebrating his birthday on March 19th and Councilmember Fowler, who is celebrating his birthday on March 22nd.

 

ADJOURNMENT (11:44 p.m.)

At this time Councilmember Fowler adjourned the Council meeting in memory of Walt Rees, a devoted citizen and community worker in Sunnyvale. Mr. Rees will be remembered for his many contributions to the community, especially as founder of the Sunnyvale Amateur Radio Emergency Services (SARES). Councilmember Fowler asked for a moment of silence in memory of Mr. Walt Rees.

The memorial service for Mr. Rees is being held Sunday, March 21st at 3 p.m., at the Good Samaritan United Methodist Church, 19624 Wolfe Road in Sunnyvale.

 

 

 

Respectfully submitted,

 

Carol Ann Butler
Deputy City Clerk

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