VALERIO moved, seconded by MILLER and carried unanimously to approve minutes as submitted.

That Council review the lists of bills.

That the Council take the following action:

1. Award a one-year contract, with option to renew for two additional years, to Hersey Meters of Cleveland, North Carolina, in an amount not to exceed $1,461,928 over a three-year period.
2. Award a one-year contract, with option to renew for two additional years, to ABB Water Meters of Ocala, Florida, in an amount not to exceed $425,265 over a three-year period.
3. Award a one-year contract, with option to renew for two additional years, to the Osborne Company of Livermore, California, in an amount not to exceed $410,459 over a three-year period.
4. Authorize the Purchasing Officer to issue purchase orders to that effect.

AWARD OF RFP #F9905-104: LABORATORY TESTING SERVICES

REPORT NO. 99-357

That the Council:

1. Award a one-year contract, with an option to extend for two additional years, to Caltest Analytical Laboratory of Napa in an amount not to exceed $410,000 during the three-year period.
2. Award a one-year contract, with an option to extend for two additional years, to Montgomery Watson Laboratories of Pasadena in an amount not to exceed $110,000 during the three-year period.
3. Authorize the Purchasing Officer to issue contracts to that effect.

Adopt the resolution for extension of the Cal-ID contract.

Title of Resolution No. 177-99

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AUTHORIZING EXECUTION OF AN ELEVENTH AMENDMENT TO AGREEMENT TO PROVIDE LOCAL LAW ENFORCEMENT AGENCY ACCESS TO THE CALIFORNIA IDENTIFICATION SYSTEM AND AUTHORIZING PAYMENT OF THE CITY OF SUNNYVALE’S FINANCIAL CONTRIBUTION FOR THE SYSTEM TO THE CITY OF SAN JOSE.

VALERIO moved the adoption of Resolution No. 177-99, seconded by MILLER and carried by the following roll call vote:

Ayes: Walker, Roberts, Vorreiter, Valerio, Kawczynski, Fowler, Miller

Noes: None

REPORT NO. 99-367

Adopt the resolution for amendment to PERS contract.

Title of Resolution No. 178-99

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE GIVING NOTICE OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT WITH THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM TO PROVIDE MILITARY SERVICE CREDIT AS PUBLIC SERVICE AND THIRD LEVEL OF 1959 SURVIVOR BENEFITS TO LOCAL SAFETY MEMBERS.

VALERIO moved the adoption of Resolution No. 178-99, seconded by MILLER and carried by the following roll call vote:

Ayes: Walker, Roberts, Vorreiter, Valerio, Kawczynski, Fowler, Miller

Noes: None

Absent: None

Adopt resolution establishing an administrative citation schedule of fines.

Title of Resolution No. 179-99

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ESTABLISHING AN ADMINISTRATIVE CITATION SCHEDULE OF FINES PURSUANT TO SECTION 1.05.040 OF THE SUNNYVALE MUNICIPAL CODE.

Councilmember Miller stated these fines were not just for residential areas—they are for all violators in the City.

Appearances

Thom Mayer stated he was pleased to see this item on the agenda—thanked the Council.

The public testimony closed.

MILLER moved the adoption of Resolution No. 179-99, seconded by FOWLER and carried by the following roll call vote:

Ayes: Walker, Roberts, Vorreiter, Valerio, Kawczynski, Fowler, Miller

Noes: None

Adopt resolution supporting increased allocation of resources by the California Department of Transportation District 4.

Title of Resolution No. 180-99

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE SUPPORTING INCREASED ALLOCATION OF RESOURCES BY THE CALIFORNIA DEPARTMENT OF TRANSPORTATION DISTRICT 4 TOWARDS BICYCLING ISSUES AND IMPROVEMENTS.

VALERIO moved the adoption of Resolution No. 180-99, seconded by MILLER and carried by the following roll call vote:

Ayes: Walker, Roberts, Vorreiter, Valerio, Kawczynski, Fowler, Miller

Noes: None

Absent: None

Adopt resolution amending salary resolution.

Title of Resolution No. 181-99

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING RESOLUTION NO. 155-98, THE CITY’S SALARY RESOLUTION, BY AMENDING THE PAY SCHEDULE FOR THE CLASSIFICATIONS OF PUBLIC SAFETY OFFICER-IN-TRAINING, PUBLIC SAFETY OFFICER I&II, PUBLIC SAFETY LIEUTENANT, PUBLIC SAFETY CAPTAIN I/II, OPERATIONS MANAGER, PUBLIC SAFETY COMMANDER, PUBLIC SAFETY DISPATCHER AND SENIOR PUBLIC SAFETY DISPATCHER.

VALERIO moved the adoption of Resolution No. 181-99, seconded by MILLER and carried by the following roll call vote:

Ayes: Walker, Roberts, Vorreiter, Valerio, Kawczynski, Fowler, Miller

Noes: None

Ordinance rezoning 105 Weddell Drive (.24 acre property) from R-5/PD to R-4.

Ordinance rezoning five properties adjacent to Alturas Avenue to R-4/PD located at 874 Borregas Avenue, 826 and 836 Alturas Avenue and 835 Morse Avenue.

Motion to maintain the remaining properties in the R-4 Zoning District.

Ordinance rezoning portions of Area 3 (10 smaller sites) along the south side of California Avenue from R-4 to R-3.

Ordinance rezoning portions of Area 3 (10 smaller sites) along the north side of California Avenue and the west side of North Murphy Avenue from R-4 to R-3.

Ordinance rezoning 250 W. Maude from R-4/PD (.45 acre property) to C-1/PD.

Motion to maintain the larger properties located on Mathilda, San Anselmo Way, portions of California Avenue and San Angelo Way in the R-4 and R-4/PD Zoning District.

Motion to maintain Area 11 (1175 East Homestead Road) in the R-4/PD Zoning District.

The public hearing opened.

Lisa Sarsfield regarding Alturas Avenue: concerned about increased traffic, density, safety, parking.

Mario Castro regarding California and San Angelo: concerned about down-zoning his property fromR-4 to R-3.

Barbara Ornelas: Request R-4 zoning remain because of need for moderate income housing; submitted letter to City Council.

Paul Werner regarding Alturas: Concerned about parking, noise, density.

Jim Griffith, Sutton Place Homeowners: Request zoning remain R-4.

The public hearing closed.

City Council took the following actions:

Ordinance 2621-99:

REZONING CERTAIN PROPERTY LOCATED AT 250 W. MAUDE AVENUE FROM R-4 (HIGH DENSITY RESIDENTIAL/PLANNED DEVELOPMENT) DISTRICT TO C-1/PD (NEIGHBORHOOD BUSINESS/PLANNED DEVELOPMENT) DISTRICT

WALKER moved, seconded by FOWLER, with VORREITER abstaining, to introduce Ordinance 2621-99, and carried by the following vote:

Ayes: Walker, Roberts, Valerio, Kawczynski, Fowler, Miller

Noes: None

Absent: None

Abstain: Vorreiter

WALKER moved, seconded by FOWLER, to maintain Area 11 (1175 East Homestead Road) in the R-4/PD Zoning District, and carried by the following vote:

Ayes: Walker, Roberts, Valerio, Vorreiter, Fowler,

Noes: Kawczynski, Miller

Absent: None

Ordinance 2618-99

REZONING CERTAIN PROPERTY LOCATED AT 874 BORREGAS AVENUE, 826 AND 836 ALTURAS AVENUE, 560 EAST AHWANEE AVENUE, 808, 825, 828 AND 835 MORSE AVENUE FROM R-4 (HIGH DENSITY RESIDENTIAL) DISTRICT AND R-4/PD (HIGH DENSITY RESIDENTIAL/PLANNED DEVELOPMENT) DISTRICT TO R-3/PD (MEDIUM DENSITY RESIDENTIAL/PLANNED DEVELOPMENT) DISTRICT

WALKER moved, seconded by FOWLER, to introduce Ordinance 2618-99, and carried by the following vote:

Ayes: Walker, Roberts, Valerio, Vorreiter, Kawczynski, Fowler, Miller

Noes: None

Absent: None

WALKER moved, seconded by FOWLER, to keep properties on San Aleso and Ahwanee west of Borregas at R-4, and carried by the following vote:

Ayes: Walker, Roberts, Valerio, Vorreiter, Fowler, Miller

Noes: Kawczynski

Absent: None

Ordinance 2616-99

REZONE CERTAIN PROPERTY LOCATED AT 105 W. WEDDELL DRIVE FROM R-5/PD (HIGH DENSITY RESIDENTIAL AND OFFICE/PLANNED DEVELOPMENT) DISTRICT TO R-4 (HIGH DENISTY RESIDENTIAL DISTRICT)

WALKER moved, seconded by FOWLER, to introduce Ordinance 2616-99, and carried by the following vote:

Ayes: Walker, Roberts, Valerio, Vorreiter, Fowler, Miller

Noes: Kawczynski

Absent: None

Ordinance 2617-99

REZONE CERTAIN PROPERTY LOCATED AT 962 W. WEDDELL AVENUE FROM R-4 (HIGH DENSITY RESIDENTIAL) DISTRICT TO R-3/PD (MEDIUM DENSITY RESIDENTIAL/PLANNED DEVELOPMENT) DISTRICT

WALKER moved, seconded by KAWCZYNSKI, to introduce Ordinance 2617-99, and carried by the following vote:

Ayes: Walker, Kawczynski, Roberts, Valerio, Vorreiter, Miller

Noes: Fowler

Absent: None

WALKER moved, seconded by FOWLER for Area 2, remaining properties, north of 101, to be retained at R-4 zoning and carried by the following vote:

Ayes: Walker, Roberts, Valerio, Vorreiter, Fowler, Miller

Noes: Kawczynski

Absent: None

Ordinance 2619-99

REZONE TEN PROPERTIES LOCATED ON A PORTION OF THE SOUTH SIDE OF CALIFORNIA AVENUE FROM R-4 (HIGH DENSITY RESIDENTIAL) DISTRICT TO R-2 (LOW MEDIUM DENSITY RESIDENTIAL) DISTRICT

WALKER moved, seconded by FOWLER, to introduce Ordinance 2619-99, and carried by the following vote:

Ayes: Walker, Fowler, Miller, Kawczynski

Noes: Roberts, Valerio, Vorreiter

Absent: None

WALKER moved, seconded by KAWCZYNSKI, to introduce an ordinance to rezone from R-4 to R-3, property on Mathilda (Pear Tree Apartments at 330 N. Mathilda Ave), and failed by the following vote:

Ayes: Walker, Kawczynski, Miller

Noes: Fowler, Valerio, Vorreiter, Roberts

Absent: None

Ordinance introduced by WALKER, seconded by KAWCZYNSKI, to rezone from R-4 to R-3 one property on Mathilda (at 260 N. Mathilda Ave), and failed by the following vote:

Ayes: Walker, Kawczynski, Miller

Noes: Fowler, Valerio, Vorreiter, Roberts

Absent: None

Ordinance 2620-99

REZONE TEN PROPERTIES LOCATED ON A PORTION OF THE NORTH SIDE OF CALIFORNIA AVENUE AND THE WESTSIDE OF NORTH MURPHY AVENUE FROM R-4 (HIGH DENSITY RESIDENTIAL) DISTRICT TO R-3 (MEDIUM DENSITY RESIDENTIAL) DISTRICT

WALKER moved, seconded by KAWCZYNSKI, to introduce Ordinance 2620-99, and carried by the following vote:

Ayes: Walker, Kawczynski, Miller, Fowler, Valerio

Noes: Vorreiter, Roberts

1A. Require a minimum lot size of 5,000 sq. ft. to build an accessory unit in the R-2 Zoning District and DSP blocks 8, 9, 10, 11 and 12.

2B. Make no changes requiring additional regulation in the concentration of units.

3A. Require that all lots with proposed accessory units be required to upgrade all parking on the site to meet minimum standards.

4B. Request no further information regarding existing infrastructure capacity.

5A(2). Make no changes to the existing privacy measures beyond current policy.

5B(3). Make no changes to the existing height limitations for accessory units.

5C(1). Require that all accessory units be placed behind the main dwelling (not between the front wall and the street).

5D(1). Require that 1,000 sq. ft. of usable open space be provided on all R-2 and DSP Blocks 8, 9, 10, 11 and 12 with an accessory unit.

5E(1). Institute a maximum gross floor area of 700 sq. ft. for all accessory units, not including the garage.

7. Direct staff to prepare an ordinance enumerating the code changes as requested by City Council.

The public hearing opened.

Ron Swegles: concerned about trailer home in front of a home on Persian Road.

Thom Mayer: concerned about parking.

The public hearing closed.

Councilmember Kawczynski inquired about Moffett consultants.

Councilmember Kawczynski inquired about older adult center spread sheet analysis.

Councilmember Kawczynski stated it was his belief that it is his duty to inquire about budget issues.

Councilmember Miller commended staff on the automated bill payment now offered for City utility bills.

Councilmember Miller showed two charts from the Bay Area Quality Management District on air quality and standards; next week MTBE phase out will be discussed; BAAQMD adopted principles on environmental justice; commented on Santa Clara Water District and CALFED issue.

Councilmember Miller questioned Weapons of Mass Destruction issue and this being a Council policy. Assistant to the City Manager Dan Rich stated the Council has a policy of support for the Moffett complex under the federal stewardship of NASA. A memo will be provided to Council on this issue.

Councilmember Fowler stated he took exception with Councilmember Kawczynski with regard to the City Manager.

City Manager LaSala made clarification that full disclosure was made on all aspects of his past employment.