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MINUTES
SUNNYVALE CITY COUNCIL
JULY 13, 1999
The City Council of the City of Sunnyvale adjourned from a Study Session on "Progress Report on Public Safety Workplace Improvement Projects" to 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 Community Development
Shawn Hernandez, Director of Information Technology
Marvin Rose, Director Public Works
Marilyn Crane, Admin. Services Manager, Information Technology
Dan Rich, Assistant to the City Manager
Cynthia Eden, Information Technology Coordinator
Paul Serame, Information Technology Coordinator
Pamela Thompson, Information Technology Coordinator
Rosemary Varela, Sr. Office Assistant/Clerks Office
PUBLIC ANNOUNCEMENTS
Mayor Valerio announced that the City of Sunnyvales Recycling Program has been awarded the "Program Innovation Award" by the California Environmental Protection Agency. Mark Bowers, Program Manager of the Solid Waste Division, accepted the award and congratulations were given to the Recycling Program and Solid Waste team for their outstanding efforts.
Mayor Valerio presented the American Lung Association ENVY award of Honorable Mention for 1999 "Education and Public Awareness" to Steve Soriano, Equipment Mechanic in the Fleet Maintenance Division of Public Works. Steve is an enthusiastic supporter of alternative fuel vehicles and influential in helping the City make significant progress with its alternative fuel vehicle project.
Mayor Valerio announced that the City of Sunnyvale has again been awarded the Distinguished Budget Presentation Award from the Government Finance Officers Association. He expressed congratulations to Mary Bradley, Director of Finance, and to city staff who helped to prepare the award-winning City budget.
Councilmember Fowler announced that new Council Chamber equipment had been installed and thanked the Information Technology Department for their efforts.
Councilmember Miller recognized Janis Jocius, a recent graduate from Fremont High School, who recently won honorable mention in a national photography contest sponsored by the American Library Association (ALA).
Councilmember Miller thanked Parks and Recreation staff, the City Manager and City staff involved in the opening of the Bay Trail on July 1st.
Councilmember Walker, Chair of the Technology Subcommittee, announced the installation of new computers and equipment in the Council Chambers. He thanked staff and introduced Werner Gans.
Werner Gans thanked Marilyn Crane of Information Technology for her work on the Council Chamber upgrade and gave an overview and demonstration of the new equipment.
CONSENT CALENDAR
| 1A. | APPROVAL OF MINUTES (June 15, 1999). Councilmember Fowler made the following amendments to the minutes: Page 20 item No. 5., the second part of his motion should read: (2) Determine the operating costs of the pool; Page 22, item No. 6., corrected to read: Councilmember Fowler requested a Council Study Issue to look at Futures Study Areas zoned for greater than 35% FAR in light of the density of recent industrial development occurring outside these designated areas. FOWLER moved approval of minutes as amended, seconded by VORREITER and carried unanimously. |
| 1B. | LIST OF CLAIMS AND BILLS APPROVED FOR PAYMENT BY THE CITY MANAGER. REPORT NO. 99-310 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. | AWARD OF CONTRACT #F9907-01 FOR HEWLETT-PACKARD SYSTEM SUPPORT. REPORT NO. 99-309 STAFF RECOMMENDATION That Council award a one-year contract in the amount of $130,639 to Hewlett-Packard for "Personalized System Support" for HP systems and authorize the Purchasing Officer to issue a purchase order to that effect. VORREITER moved to award a one-year contract in the amount of $130,639 to Hewlett-Packard for "Personalized System Support" for HP systems and authorize the Purchasing Officer to issue a purchase order to that effect, seconded by MILLER and carried unanimously. |
| 1D. | APPOINTMENT OF REPRESENTATIVE TO SILICON VALLEY LIBRARY SYSTEM ADVISORY BOARD. REPORT NO. 99-298 STAFF RECOMMENDATION That Council appoint the candidate Elizabeth Seymour as nominated by the Board of Library Trustees. VORREITER moved to appoint the candidate Elizabeth Seymour as nominated by the Board of Library Trustees, seconded by MILLER and carried unanimously. |
| 1E. | FUNDING REQUEST TO ESTABLISH AN ALTERNATIVE FUELS CAPITAL PROJECT AND BUDGET MODIFICATION #1. Councilmember Miller removed item 1E. from the Consent Calendar for discussion. Marvin Rose, Director of Public Works, presented the staff report. REPORT NO. 99-300 STAFF RECOMMENDATION That Council approve Budget Modification #1 and adopt a resolution authorizing the City Manager to execute the AB434 Fund Transfer Agreement. MILLER moved to approve Budget Modification #1 and adopt a resolution authorizing the City Manager to execute the AB434 Fund Transfer Agreement, seconded by VORREITER and carried unanimously. |
| 1F. | RENEWAL OF PROPERTY INSURANCE POLICY
FOR 1999-2000. REPORT NO. 99-301 STAFF RECOMMENDATION That Council renew the property insurance policy with the CJPRMA. VORREITER moved to renew the property insurance policy with the CJPRMA , seconded by MILLER and carried unanimously. |
| 1G. | PARTICIPATION IN THE COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. REPORT NO. 99-302 STAFF RECOMMENDATION That Council authorize the City Manager to execute the Second Amendment to the Countywide HHW MOU, commit $229,000 to City participation in the Countywide HHW Program, and provide 11 Sunnyvale-based HHW events per year.
VORREITER moved to authorize the City Manager to execute the Second Amendment to the Countywide HHW MOU, commit $229,000 to City participation in the Countywide HHW Program, and provide 11 Sunnyvale-based HHW events per year, seconded by MILLER and carried unanimously. |
| 1H. | AMENDMENT TO THE CLASSIFICATION PLAN AND SALARY RESOLUTION TECHNICAL SUPPORT SPECIALIST: WATER RECYCLING COORDINATOR REPORT NO. 99-305 STAFF RECOMMENDATION That Council adopt the resolutions. Title of Resolution No. 169-99: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE CLASSIFICATION PLAN OF THE CIVIL SERVICE BY CREATING THE JOB CLASSIFICATION TITLES OF TECHNICAL SUPPORT SPECIALIST AND WATER RECYCLING COORDINATOR AND BY ADDING THE CLASSIFICATION SPECIFICATIONS THEREFOR. VORREITER moved to adopt Resolution No. 169-99, seconded by MILLER and carried by the following roll call vote: AYES: WALKER, ROBERTS, VORREITER, VALERIO, KAWCZYNSKI, FOWLER, MILLER NOES: NONE ABSENT: NONE Title of Resolution No. 170-99: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING RESOLUTION NO. 155-98, THE CITYS SALARY RESOLUTION, BY ADDING A PAY SCHEDULE FOR THE NEW CLASSIFICATIONS OF TECHNICAL SUPPORT SPECIALIST AND WATER RECYCLING COORDINATOR. VORREITER moved to adopt Resolution No. 170-99, seconded by MILLER and carried by the following roll call vote: AYES: WALKER, ROBERTS, VORREITER, VALERIO, KAWCZYNSKI, FOWLER, MILLER NOES: NONE ABSENT: NONE |
| 1I. | FY 1999/2000 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) SHARING AGREEMENT WITH COUNTY OF SANTA CLARA. REPORT NO. 99-306 STAFF RECOMMENDATION That Council authorize the City Manager to forward a written concurrence to the County Executive approving the proposed sharing agreement. VORREITER moved to authorize the City Manager to forward a written concurrence to the County Executive approving the proposed sharing agreement, seconded by MILLER and carried unanimously. |
| 1J. | APPLICATION FOR REIMBURSEMENT GRANT THROUGH THE BULLETPROOF VEST PARTNERSHIP PROGRAM. REPORT NO. 99-307 STAFF RECOMMENDATION That Council approve request to apply for reimbursement. VORREITER moved to approve request to apply for reimbursement seconded by MILLER and carried unanimously. |
| 1K. | RENEWAL OF EXCESS LIABILITY INSURANCE POLICY FOR 1999/2000. REPORT NO. 99-308 STAFF RECOMMENDATION That Council accept from the CJPRMA the general and automobile liability insurance quote of $489,763 with a $500,000 self-insured retention and $15,000,000 coverage cap as provided. VORREITER moved to accept from the CJPRMA the general and automobile liability insurance quote of $489,763 with a $500,000 self-insured retention and $15,000,000 coverage cap as provided, seconded by MILLER and carried unanimously. |
| 1L. | ADOPTION OF ORDINANCE NO. 2609-99: DOWNTOWN PARKING MAINTENANCE DISTRICT DEBT SERVICE ASSESSMENT FOR FISCAL YEAR 1999/2000. STAFF RECOMMENDATION That Council adopt the ordinance. Title of Ordinance No. 2609-99: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE FIXING AND LEVYING AD VOLOREM ASSESSMENTS FOR FISCAL YEAR 1999-2000 ON ALL LAND AND IMPROVEMENTS WITHIN THE DOWNTOWN PARKING MAINTENANCE DISTRICT. VORREITER moved to adopt Ordinance No. 2609-99, seconded by MILLER and carried by the following roll call vote: AYES: WALKER, ROBERTS, VORREITER, VALERIO, KAWCZYNSKI, FOWLER, MILLER NOES: NONE ABSENT: NONE |
| 1M. | ADOPTION OF ORDINANCE NO. 2610-99: APPROVAL OF DEVELOPMENT AGREEMENT WITH APPLIED MATERIALS. STAFF RECOMMENDATION That Council adopt the ordinance. Title of Ordinance No. 2610-99: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE APPROVING AND ADOPTING THE DEVELOPMENT AGREEMENT BETWEEN APPLIED MATERIALS AND THE CITY OF SUNNYVALE. VORREITER moved to adopt Ordinance No. 2610-99, seconded by MILLER and carried by the following roll call vote:
AYES: WALKER, ROBERTS, VORREITER, VALERIO, KAWCZYNSKI, FOWLER, MILLER NOES: NONE ABSENT: NONE |
| 1N. | ADOPTION OF ORDINANCE NO. 2612-99: REZONE AREA 5 CERTAIN BLOCKS OF CHARLES STREET (WEST SIDE), FLORENCE AVE., WAVERLY AVENUE, PASTORIA AVE. (EAST SIDE), W. WASHINGTON (NORTH SIDE), SOUTH OF EVELYN AND NORTH OF WASHINGTON. STAFF RECOMMENDATION That Council adopt the ordinance. Title of Ordinance No. 2612-99: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE PRECISE ZONING PLAN, ZONING DISTRICTS MAP, TO REZONE CERTAIN PROPERTIES LOCATED ON BLOCKS OF CHARLES STREET, FLORENCE STREET, WAVERLY STREET, PASTORIA AVENUE, WEST WASHINGTON AVENUE AND EAST EVELYN FROM R-4 (HIGH DENSITY) DISTRICT TO R-2 (LOW-MEDIUM) DISTRICT. VORREITER moved to adopt Ordinance No. 2612-99, seconded by MILLER and carried by the following roll call vote: AYES: WALKER, ROBERTS, VORREITER, VALERIO, KAWCZYNSKI, FOWLER, MILLER NOES: NONE ABSENT: NONE |
| 1O. | ADOPTION OF ORDINANCE NO. 2613-99: REZONE AREA 6 CERTAIN BLOCKS OF SO. BAYVIEW AVE., EAST WASHINGTON AVE. AND EAST MCKINLEY AVE. SOUTH OF EVELYN AVE. AND ON THE NORTH SIDE OF EAST MCKINLEY AVE. STAFF RECOMMENDATION That Council adopt the ordinance. Title of Ordinance No. 2613-99: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE PRECISE ZONING PLAN, ZONING DISTRICTS MAP, TO REZONE CERTAIN PROPERTIES LOCATED ON BLOCKS OF SOUTH BAYVIEW AVENUE, EAST WASHINGTON AND EAST MCKINLEY AVENUE FROM R-4/PD (HIGH DENSITY/PLANNED DEVELOPMENT) DISTRICT TO R-3/PD (LOW-MEDIUM DENSITY/PLANNED DEVELOPMENT) DISTRICT. VORREITER moved to adopt Ordinance No. 2613-99, seconded by MILLER and carried by the following roll call vote: AYES: WALKER, ROBERTS, VORREITER, VALERIO, KAWCZYNSKI, FOWLER, MILLER NOES: NONE ABSENT: NONE |
| 1P. | ADOPTION OF ORDINANCE NO. 2614-99: AMEND CHAPTER 8.16 OF THE SUNNYVALE MUNICIPAL CODE RELATING TO SOLID WASTE MANAGEMENT AND RECYCLING. STAFF RECOMMENDATION That Council adopt the ordinance. Title of Ordinance No. 2614-99: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING CHAPTER 8.16 RELATING TO SOLID WASTE MANAGEMENT AND RECYCLING. VORREITER moved to adopt Ordinance No. 2614-99, 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. | 1999 COUNCIL STUDY CALENDAR MID-YEAR
UPDATE. REPORT NO. 99-299 STAFF RECOMMENDATION That Council adopt the updated calendar as presented. Daniel Rich, Assistant to the City Manager, presented the staff report. Councilmember Vorreiter requested a revisit of the Study Issue on Golf Course Reservation Policy for Sunnyvale Citizens. Councilmember Miller requested a Study Issue on a Pilot Lawn Mower Trade-In Program. The public hearing was declared opened and closed at 8:13 p.m. VORREITER moved adoption of the updated calendar as presented, seconded by WALKER and carried unanimously. |
| 3. | ADOPTION OF ORDINANCE NO. 2611-99: REZONE AREA 4 NORTH SIDE OF AYALA AVE. WEST OF SO. BERNARDO AVE. STAFF RECOMMENDATION That Council adopt the ordinance. Title of Ordinance No. 2611-99: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE PRECISE ZONING PLAN, ZONING DISTRICTS MAP, TO REZONE CERTAIN PROPERTIES LOCATED ALONG THE NORTH SIDE OF AYALA DRIVE AND THE WEST SIDE OF SOUTH BERNARDO AVENUE FROM R-4 (HIGH DENSITY) TO R-3 (MEDIUM DENSITY) KAWCZYNSKI moved to adopt Ordinance No. 2611-99, seconded by MILLER and carried by the following roll call vote: AYES: WALKER, ROBERTS, VORREITER, VALERIO, KAWCZYNSKI, FOWLER, MILLER NOES: NONE ABSENT: NONE |
| 4. | APPEAL OF THE ADMINISTRATIVE HEARING AGENDA OF JUNE 30, 1999. REPORT NO. 99-312 STAFF RECOMMENDATION That Council review agenda and appeal an application where appropriate. No action taken. |
CITIZENS TO BE HEARD
Thom Mayer presented pictures of signage used throughout the city, in some instances blocking sidewalks. He commented on the intent of temporary sign permits and requested week-end code enforcement for violations.
Robert S. LaSala, City Manager, stated that staff is conducting a review of the code enforcement program.
Councilmember Miller requested staff look into shopping cart blight.
Councilmember Walker requested a Study Issue on chronic, repeat, code violators.
Councilmember Fowler commented that he previously requested a Study Issue on complaint-based enforcement policies and practices. He requested a list of complaints received and the ratio of complaints received to actions taken by the Community Development Department.
NON-AGENDA ITEMS AND COMMENTS
COUNCIL
NAC-1 Councilmember Kawczynski stated that on June 15th Council heard and approved a proposal from Applied Materials; he asked who in management requested the $1,256,085 for community enhancement funding during the negotiations.
Valerie Armento, City Attorney, stated that to the best of her recollection, no one specifically requested the money and that ultimately the decision was made by Applied Materials to give an even $6 million dollars to cover various fees that were due and the amount he referred to was what was left over.
NAC-2 Councilmember Fowler announced that on June 29th he attended a meeting at on the San Jose State campus for a collaborative working group on Disaster Management.
NAC-3 Mayor Valerio announced that today he attended the 40th Anniversary Luncheon for the Sunnyvale Senior Citizens Club.
ADJOURNMENT
There being no further business the Mayor declared the meeting adjourned at 8:46 p.m.
Respectfully submitted,
Rosemary Varela
Sr. Office Assistant/Clerks Office
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