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City Council Minutes - 10/19/99

MINUTES
SUNNYVALE CITY COUNCIL
OCTOBER 19, 1999

The City Council of the City of Sunnyvale met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California, at 7:30 p.m., Mayor Manuel Valerio Presiding.

SALUTE TO THE FLAG

SPECIAL ORDER OF THE DAY

Mayor Valerio presented a proclamation and thanked Colonel Steve Speer, Commanding Officer of the 129TH Air Rescue Wing stationed at Moffett Federal Airfield, for the cooperation and goodwill the City has enjoyed with Moffett.

ROLL CALL

PRESENT:

Mayor Manuel Valerio
Vice Mayor Pat Vorreiter
Councilmember Jack Walker
Councilmember Jim Roberts
Councilmember Stan Kawczynski
Councilmember Fred Fowler
Councilmember Julia Miller

ABSENT: None

STAFF PRESENT:

Robert LaSala, City Manager
Amy Chan, Assistant City Manager
Valerie Armento, City Attorney
Dan Rich, Assistant to the City Manager
David Boesch, Community Development Director
Mary Bradley, Director of Finance
Victoria Johnson, Director of Libraries
Marvin Rose, Director of Public Works
Trudi Ryan, Planning Officer
Byron Pipkin, Public Safety Captain
Dyane Matas, Housing & Neighborhood Pres. Officer
Marilyn Crane, Information Technology Manager
Gerri Caruso, Project Planner
Doug Mello, Superintendent of Trees & Landscape
Cynthia Eden, IT Coordinator/Training
Donna Hall, Interim Deputy City Clerk

PUBLIC ANNOUNCEMENTS

City Manager LaSala introduced Linda Kelly, Deputy City Clerk, who will begin employment with the City of Sunnyvale in November.

Vice Mayor Vorreiter congratulated Councilmember Walker on his election as President of the Peninsula Division of the League of California Cities.

Councilmember Miller thanked the Cargill Salt Company for opening their company to the public this last weekend.

Mayor Valerio reported that Sunnyvale’s written investment policy has been certified by the Municipal Treasurers’ Association of the United States and Canada and acknowledged the Finance Department for their good work.

CONSENT CALENDAR

Vorreiter moved, Miller seconded, and the motion carried unanimously approving the staff recommendations on the Consent Calendar Items 1A through 1F as follows:

1A.

 

Approval of Minutes (October 5, 1999).

Fiscal Items

1B.

RTC99-421

List of Claims and Bills Approved for Payment by the City Manager (List No. 013 and 014).

Contracts

1C.

RTC99-435

Approval of Final Map – Ferndale Glen Tract 9154.

Staff Recommendation:

That the City Council approve the Final Map and authorize the execution of the Subdivision Agreement for the subject subdivision.

1D.

RTC99-428

Resolution

190-99

Acceptance of Improvements, Street A.C. Overlay and Reconstruction Maintenance Project, ST-98-02.

Staff Recommendation:

That Council, by resolution, accept the project as complete and satisfactory.

RESOLUTION 190-99

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ACCEPTING AS COMPLETED WORK FOR STREET A.C. OVERLAY AND RECONSTRUCTION MAINTENANCE PROJECT (ST-98-02), AUTHORIZING FINAL PAYMENT AND DIRECTING CITY CLERK TO FILE NOTICE OF COMPLETION.

1E.

RTC99-437

Award of Contract – Painting of Water Tank – Mary/Carson Reservoir No. 2 Project (UW-98-01).

Staff Recommendation:

That the City Council award the contract for the subject project to the lowest qualified bidder, Blair & Sons, Inc., in the amount of $82,850 and approve a contingency amount of $12,400.

1F.

RTC99-438

Approval of Consultant Services Agreement with The Steinberg Group of San Jose for Professional Design Services and Construction Support Services for the new Sunnyvale Older Adult Center (PR-98-12-03).

Staff Recommendation:

That the City Council authorize the City Manager to sign the attached consultant services agreement with the Steinberg Group, to provide professional design services and construction support services for the new Sunnyvale Older Adult Center for a total lump sum amount of $997,790 and approve a contingency amount of $100,000 for optional services to be authorized by the Director of Public Works.

1G.

RTC99-440

Award of Contract for Two Fire Engines (F9910-33).

Staff Recommendation:

That Council award a contract in the amount of $561,937 for two fire engines to American LaFrance Sales of Casper, Wyoming, for two fire engines and authorize the Purchasing Officer to issue a purchase order to that effect.

1H.

RTC99-442

Award of Contract for Computer Equipment (F9910-36).

Staff Recommendation:

That Council award a contract in an amount not to exceed $655,000 to Dell Computer Corporation of Round Rock, Texas, for personal computers, peripherals and installed software and authorize the Purchasing Officer to issue a purchase order to that effect.

Other Items

1I.

RTC99-434

Acceptance of Funds: Library Services and Technology Act (LSTA) Grant Award – Certified Library Users and Budget Modification #11.

Staff Recommendation:

That Council approve acceptance, expenditure of funds and Budget Modification #11.

1J.

RTC99-433

Acceptance of Funds: Library Services and Technology Act (LSTA) Grant Award – Digital Storytelling and Budget Modification #13.

Staff Recommendation:

That Council approve acceptance, expenditure of funds and Budget Modification #13 for LSTA grant.

1K.

RTC99-441

Resolutions

191-99 & 192-99

Amendment to the Classification Plan and Salary Resolution: Plan Check Engineer; Assistant/ Associate/Senior Planner.

Staff Recommendation:

That Council approve inclusion of these new classifications into the City's Classification Plan and Salary Resolution.

RESOLUTION 191-99

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE CLASSIFICATION PLAN OF THE CIVIL SERVICE BY REPLACING THE JOB CLASSIFICATION TITLE OF PERMIT CENTER SERVICES COORDINATOR/ENGINEER WITH THE NEW JOB CLASSIFICATION TITLE OF PLAN CHECK ENGINEEER AND BY CREATING THE NEW JOB CLASSIFICATION TITLE OF SENIOR PLANNER AND BY ADDING THE CLASSIFICATION SPECIFICATIONS THEREFOR

RESOLUTION 192-99

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING RESOLUTION NO. 155-98, THE CITY’S SALARY RESOLUTION, BY ADDING PAY SCHEDULES FOR THE NEW CLASSIFICATION TITLES OF PLAN CHECK ENGINEER AND SENIOR PLANNER AND BY DELETING THE PAY SCHEDULE FOR PERMIT CENTER SERVICES COORDINATOR/ ENGINEER.

PUBLIC HEARINGS/GENERAL BUSINESS

2.

RTC99-444

Appeal of Planning Commission Approval of Landscape Plan Approval for an Approved Project with 6,700 Square Feet of Retail Space and 300 Apartment Dwelling Units in a C-2/ECR (Highway Commercial/Precise Plan for El Camino Real) Zoning District (Irvine Apartment Communities).

Staff Recommendation:

That Council Uphold Planning Commission Approval.

Gerri Caruso, Project Planner, presented the staff report.

The public hearing opened at 8:00 p.m.

Appearing in favor of the Planning Commission recommendation with modified landscape plan

Mark Kelly

Paul Lettiere

Deborah Olson

Appearing in opposition

David Llewelyn Jones

The public hearing closed at 8:35 p.m.

Miller moved to approve the landscape plan with modifications and bring back to Council with revised landscape plan. The motion died for lack of a second.

Walker moved, Roberts seconded, to uphold the Planning Commission decision with the modified landscape plan as submitted at tonight’s Council Meeting. The motion carried unanimously.

3.

RTC99-443

 

 

 

Applications for Related Proposals for Property Located at 323 Beemer Avenue in an R-2 (Low-Medium Density Residential) Zoning District. (Negative Declaration) (Laurie & Alex Trujillo) (Thomas Whitford) (Continued to November 9, 1999).

Staff Recommendation:

That Council approve continuance to Council Meeting of November 9, 1999.

Vorreiter moved, Walker seconded continuing this item to November 9, 1999. The motion carried unanimously.

4.

RTC99-436

ORDINANCE

2624-99

 

 

 

Applications for Related Proposals for Property Located at 161 Waverly Street in an R-2 (Low-Medium Density Residential) Zoning District (Hanh Nguyen).

Rezone from R-2 (Low-Medium Density Residential) to R-2/PD (Low-Medium Density Residential/Planned Development).

Special Development Permit to Allow Construction of 3 Townhome Units.

Staff Recommendation:

That Council affirm the Negative Declaration and approve the Rezone and Special Development Permit with the conditions of approval in Attachment 2.

Trudi Ryan, Planning Officer, presented the staff report.

The public hearing opened at 8:40 p.m.

Appearing in favor of staff recommendation:

Daniel Dang, project manager

Hanh Nguyen, owner of property

Also appearing:

David Llewelyn Jones, inquiring about CC&R’s.

The public hearing closed at 8:45 p.m.

ORDINANCE 2624-99

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE PRECISE ZONING PLAN, ZONING DISTRICTS MAP, TO REZONE CERTAIN PROPERTY LOCATED AT 161-171 WAVERLY AVENUE FROM R-2 (LOW MEDIUM DENSITY RESIDENTIAL) DISTRICT TO R-2/pd (LOW MEDIUM DENSITY RESIDENTIAL/PLANNED DEVELOPMENT) DISTRICT

Miller moved, Vorreiter seconded, introducing Ordinance No. 2624-99. The motion carried by the following roll call vote:

 

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

Miller, Kawczynski

Noes: None

Absent: None

 

Roberts moved, Vorreiter seconded, approving 1999-0935 Special Development Permit to allow construction of three townhome units. The motion carried unanimously.

5.

RTC99-430

Outside Group Funding Process and Criteria.

Staff Recommendation:

That Council change the Outside Group Funding process to a two-year review process with annual public hearings to begin in FY 2000/2001 and combine the Outside Group and Human Services Policy into one document with the funding programs as described in Attachment C.

Dyane Matas, Housing & Neighborhood Preservation Officer, presented the staff report.

The public hearing opened and closed at 8:50 p.m.

Vorreiter moved, Miller seconded, approving the staff recommendation. The motion carried unanimously.

6.

RTC99-450

Celebrate Sunnyvale 2000 Request for Support.

Staff Recommendation:

That Council approve alternatives: 1A. Co-sponsorship of the parade for January 8, 2000 (allowing the group to list the City as a co-sponsor and use the city logo, subject to review of any items being distributed with the logo and approval of a Miscellaneous Plan Application;) 1B. Approve the use of City resources (staff time) for Public Safety and Public Works to provide appropriate support to the parade; 2B. Take a neutral position at this time and consider the issue further when more details are available from Celebrate Sunnyvale 2000 to make a full analysis possible; 4B. Approve display of Celebrate Sunnyvale 2000 banners for a period of the next year as part of the normal banner rotation; 4C. Require that the banner design be approved by the Director of Community Development and no additional expenditures be incurred by the City. Staff makes no recommendation on item #3, the cash contribution.

Dan Rich, Assistant to the City Manager, presented the staff report.

The public hearing opened at 9:00 p.m.

Appearing in support of the staff recommendation:

Margaret Lawson, Celebrate Sunnyvale 2000 Chair

Suzi Blackman, President & CEO of the Sunnyvale Chamber of Commerce

Leslie Lawton, Chair of the Subcommittee of the Celebrate Sunnyvale 2000 Time Line

The public hearing closed at 9:30 p.m.

Vorreiter moved, Miller seconded, to approve Recommendations 1. A.; 1.B.; Defer the Time Line Wall decision; 3.A.; 4.B.; 4.C.

Kawczynski offered a friendly amendment to the motion to have the youth involved in the banners. The friendly amendment was not accepted.

Fowler offered a friendly amendment to not approve funding and have Council make no cash contribution. The friendly amendment was not accepted.

Kawczynski moved to remove the $8,000 funding to Celebrate Sunnyvale 2000 from the original motion. The motion died for lack of a second.

Fowler moved, Kawczynski seconded, to amend original motion to not approve funding of $8,000 to Celebrate Sunnyvale 2000 through the Chamber of Commerce Leadership and Educational Foundation and make no cash contribution. The motion failed by the following vote:

Ayes: Fowler, Kawczynski

Noes: Valerio, Vorreiter, Walker, Roberts, Miller

Absent: None

 

The original motion by Vorreiter carried by the following vote:

Ayes: Vorreiter, Miller, Walker, Roberts, Fowler

Valerio

Noes: Kawczynski

Absent: None

Vorreiter requested there be regular reports to Council on the activities and finances of Celebrate Sunnyvale 2000; and have a single staff person assigned as a liaison.

Councilmember Kawczynski left the meeting at this time (9:50 p.m.).

7.

RTC99-412

ORDINANCE

2625-99

Updating the Toxic Gas Ordinance, Chapter 16.53 of the Sunnyvale Municipal Code.

Staff Recommendation:

That Council repeal the existing Title 16.53 Sunnyvale Municipal Code and replace it with the proposed updated edition.

Byron Pipkin, Public Safety Captain, presented the staff report.

The public hearing opened and closed at 9:55 p.m.

ORDINANCE 2625-99

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE REPEALING THE EXISTING CHAPTER 16.53, "TOXIC GAS," AND ADOPTING A NEW CHAPTER 16.53, "TOXIC GAS."

Fowler moved, Roberts seconded, introducing Ordinance 2625-99. The motion carried by the following roll call vote:

Ayes: Fowler, Roberts, Walker, Vorreiter, Valerio

Miller

Noes: None

Absent: Kawczynski

8.

RTC99-429

Review of Alternative Methods to Establish Fair Market Value of New Residential Development Projects for Calculating Park In-Lieu Fees.

Staff Recommendation:

That Council 1. Approve Alternative 1 directing: (a) The Director of Community Development to prepare an average fair market value for residentially zoned property as part of the annual Fee Resolution; (b) Prepare a resolution for the determination of an average fair market value of residentially zoned property to serve for the remainder of fiscal year 1999/2000; (c) Prepare an ordinance amending Titles 18 and 19 of the Sunnyvale Municipal Code on the preparation of an annual fair market value for residentially zoned property.

Trudi Ryan, Planning Officer, presented the staff report.

The public hearing opened and closed at 10:05 p.m.

Roberts moved, Walker seconded, approving Alternative 1. (a) (b) (c). The motion carried by the following vote:

 

Ayes: Roberts, Walker, Vorreiter, Valerio, Fowler

Miller

Noes: None

Absent: Kawczynski

9.

RTC99-431

First Time Homebuyer Assistance Program and Budget Modification No. 8.

Staff Recommendation:

That Council approve participation in the County CASA program up to a maximum of $100,000 from Housing Mitigation Funds and have the City Manager enter into a cooperative Agreement with the County for the CASA program, and approve Budget Modification No. 8 to the FY 1999/2000 Budget.

Dyane Matas, Housing & Neighborhood Preservation Officer, presented the staff report.

The public hearing opened at 10:15 p.m.

Appearance:

Thom Mayer, regarding distribution amount from the Housing Bond Trust Fund; requested amount be raised.

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

Roberts moved, Vorreiter seconded, approving the staff recommendation. The motion carried by the following vote:

Ayes: Roberts, Vorreiter, Valerio, Fowler, Walker

Miller

Noes: None

Absent: Kawczynski

Vorreiter requested a progress report in six months.

10.

RTC99-445

Pre-Appeal of Planning Commission Agenda of October 25, 1999 and Administrative Hearing Agenda of October 27, 1999.

Staff Recommendation:

That Council review the agenda and appeal an application where appropriate.

No action taken.

CITIZENS TO BE HEARD

Michael Levine, 192 S. Bernardo Ave., requested staff look into trash can location at Vargas Park; trash cans next to benches; also to adjust sprinklers adjacent to the track.

Ray Kiddy, 812 E. California St., inquired about turnaround at Dwight Avenue.

COUNCIL

Councilmember Miller inquired about the noise ordinance brochure. Community Development Director Boesch will report to her.

ADJOURNMENT: 10:45 p.m.

 

 

Submitted by,

Donna L. Hall
Interim Deputy City Clerk

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