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MINUTES
SUNNYVALE CITY COUNCIL
APRIL 11, 2000
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. with Mayor Vorreiter presiding.
SALUTE TO THE FLAG
The salute to the flag was led by Mayor Vorreiter.
SPECIAL ORDER OF THE DAY
Mayor Vorreiter announced the Annual Recognition of City Volunteers. The following volunteers were chosen as the outstanding volunteers for each City department: Florence Scott, Community Development; James Medlin, Library; Howard Flood, Marjorie Hatcher, Frances and Phil Ziff, Senior Center Dance Hosts and Hostesses, Parks and Recreation; Betti Byrd, Public Works; and Mike Drago, Public Safety. The two staff members recognized for their work as outstanding volunteer supervisors were Soraya Mofty, Library, and Patrick Larkin, Parks and Recreation. Mayor Vorreiter then thanked all of the City’s volunteers for their invaluable contributions to the City.
ROLL CALL
| PRESENT: | Mayor Pat Vorreiter Vice Mayor Jack Walker Councilmember Fred Fowler Councilmember Manuel Valerio Councilmember Jim Roberts Councilmember Julia Miller Councilmember Tim Risch |
| ABSENT: | None |
| STAFF PRESENT: | Robert S. LaSala, City Manager Amy Chan, Assistant City Manager Valerie J. Armento, City Attorney David Boesch, Community Development Director Marvin Rose, Public Works Director Trudi Ryan, Planning Officer Mark Bowers, Solid Waste Program Manager Gerri Caruso, Senior Planner Daniel Rich, Assistant to the City Manager Linda Kelly, Senior Management Analyst/Deputy City Clerk |
PUBLIC ANNOUNCEMENTS
Michelle Hornberger announced the U.S. Geological Survey Western Regional Center Open House event on May 13 and 14 from 10:00 a.m. to 4:00 p.m. at 345 Middlefield Road, Menlo Park. More information is available at http://openhouse.wr.usgs.gov.
Yolanda Brown, Chair of the Sunnyvale Census 2000 Committee, reminded everyone to send in their census forms.
Councilmember Miller announced that a Citywide opinion satisfaction survey will be held during May, and that all residents are invited to attend a series of informal discussions which will take place regarding designing the questionnaire. The meetings will be held on April 26, 2000 at 6:30 p.m. and 8:00 p.m. in the Library Program Room, and interested persons may contact the Mayor and Council office at 730-7473.
Councilmember Miller also announced that "Tip-a-Cop" will be held at Spoon’s Restaurant on Wednesday, April 19, with all tips going to support people with disabilities. Sunnyvale Public Safety Officers and Special Olympics athletes will be serving at the restaurant.
Councilmember Miller further announced a Seniors’ Dance with live music which will take place at the Sunnyvale Senior Center on April 12.
Councilmember Miller then announced that "Mow Down Air Pollution," a one day rebate event, is being held on April 15 at 9:00 a.m. The program is available to anyone in Santa Clara County who wishes to trade their old lawnmower for a new Toro electric mulching mower for $219.
COMMUNITY ORGANIZATION "MOMENT OF OPPORTUNITY" PRESENTATION
Steven Spivak, Public Relations Manager for Goodwill of Santa Clara County, presented the organization’s mission and services. The agency is self-funded, and provides training, career counseling and placement services in a holistic approach. People with disabilities, career changers, people re-entering the workforce, and those transitioning from welfare to work are among the individuals served by the free programs offered at Goodwill. More information may be obtained by calling 998-5774 or by e-mail to information@goodwillsanjose.com.
ADDED ITEM TO AGENDA
Mayor Vorreiter announced a late added item to the agenda, Travel Authorization for Councilmember Valerio to Speak at Workshop in North Carolina.
Vice Mayor Walker moved, and Councilmember Miller seconded, to add this item to the agenda, since there was a need to take immediate action on this item, and the need for action came to the Council’s attention subsequent to the agenda being posted. The motion carried unanimously.
Mayor Vorreiter stated that this item would be taken up as Agenda Item No. 6, the last item under the General Business portion of the meeting.
CONSENT CALENDAR
Vice Mayor Walker moved, and Councilmember Valerio seconded, approval of the consent calendar. The motion carried unanimously.
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1.A. |
Approval of Minutes (April 4, 2000) |
Fiscal Items
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1.B. |
RTC 00-118 |
List of Claims and Bills Approved for Payment by the City Manager (List No. 038) Staff Recommendation: Review the list of bills. |
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1.C. |
RTC 00-123 |
City of Sunnyvale Investment Report - 1st Quarter 2000 Staff Recommendation: Receive and file the investment report. |
Contract
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1.D. |
RTC 00-121 |
Rejection of Bid for Water Pollution Control Plant Administration Building Improvements Project (PR-98-16-99) Staff Recommendation: Reject the bid received from HRB Construction of San Jose for the Water Pollution Control Plant Administration Building Improvements Project #PR-98/16-99 and authorize staff to rebid this project at a later date. |
Personnel Item
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1.E. |
RESOLUTIONS RTC 00-113 |
Amendment to Classification Plan and Salary Resolution: Senior Transportation Planner Staff Recommendation: Adopt the Resolutions. Resolution No. 131-00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE CLASSIFICATION PLAN OF THE CIVIL SERVICE BY CREATING THE JOB CLASSIFICATION TITLE OF SENIOR TRANSPORTATION PLANNER AND BY ADDING THE CLASSIFICATION SPECIFICATIONS THEREFOR Resolution No. 132-00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING RESOLUTION NO. 125-00, THE CITY’S SALARY RESOLUTION, BY ADDING A PAY SCHEDULE FOR THE NEW CLASSIFICATION OF SENIOR TRANSPORTATION PLANNER |
Other Item
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1.F. |
RTC 00-124 |
Adoption of Code of Conduct for Elected Officials Staff Recommendation: Approve the Council Subcommittee on Policy and Protocol recommendation and adopt the Code of Conduct for Elected Officials. |
PUBLIC HEARINGS/GENERAL BUSINESS
CONVENE AS REDEVELOPMENT AGENCY - 7:55 P.M.
Mayor Vorreiter stated that the City Council would convene as the Redevelopment Agency in order to serve in concurrent roles for the consideration of City and Redevelopment Agency items.
REDEVELOPMENT AGENCY ROLL CALL
| PRESENT: |
Chair Pat Vorreiter Vice Chair Jack Walker Agency Member Fred Fowler Agency Member Manuel Valerio Agency Member Jim Roberts Agency Member Julia Miller Agency Member Tim Risch |
| ABSENT: | None |
|
2. |
RTC 00-122 |
Application for a Special Development Permit to Allow Construction of Three Buildings with 460,000 square feet of Office and Retail Use, with Ancillary Retail Uses, and Including up to Four Levels of Underground Parking; 5.8 acre site Located at the Northeast Corner of Mathilda Avenue and Washington Avenue in Downtown Specific Plan/Sub District 1 Zoning District (Sunnyvale Redevelopment Agency/City of Sunnyvale/M-D Downtown Sunnyvale) |
Community Development Director/Secretary and Director of Redevelopment Boesch introduced the item.
Senior Planner Caruso presented the staff report and responded to Councilmember/Agency Member questions. She stated that the Planning Commission’s revisions and additions to the conditions of approval made at their meeting last night were provided to the Council on the dais. Revisions were made to conditions 12, 13, 14, and condition 29 was added. The Planning Commission also approved a revised Mitigated Negative Declaration.
Planning Officer Ryan also addressed Councilmember/Agency Member questions.
Mayor/Chair Vorreiter opened the public hearing at 8:20 p.m.
Jim Baer, Mozart Development Company, the applicant, presented the development proposal and responded to Councilmember/Agency Member questions.
Jian Azad, proprietor on Murphy Avenue, stated that he supported the project but was concerned with retail going into the area.
Lorraine Wolfsohn stated that she was discouraged by the process and requested that more conditions be added to the proposal.
Thomas Lasch, representing a tenant on Tate, Mid-Peninsula Alano Club, expressed concerns with the rental rates increasing.
Joe Antuzi, Chair, Sunnyvale Downtown Association, stated that the downtown businesses were concerned with surviving during the construction period, and that the Association endorsed the proposal with the understanding that the revised conditions of approval would be carried forward.
Ray Montalvo, Board Member, Sunnyvale Chamber of Commerce, stated that the Chamber would work with the City during the construction to ensure that the plan became a reality.
Thom Mayer stated that he was in favor of the project overall, but had some concerns with pedestrian space, open space, potential impact on the Art and Wine Festival, and traffic volume.
David Donald, stated concerns regarding intended and unintended traffic consequences.
Roger Sellgren, Stoddard’s Brewhouse, stated concerns with parking at lunchtime.
Suzi Blackman, President/CEO, Sunnyvale Chamber of Commerce, stated that the Chamber is in support of the project and is encouraged by the cooperation and facilitation that took place during the discussions regarding the project.
Mayor/Chair Vorreiter closed the public hearing at 9:25 p.m. and stated that the first action would be as the City Council acting on the Special Development Permit.
Vice Mayor Walker moved to affirm the Mitigated Negative Declaration and approve the Special Development Permit as conditioned by the Planning Commission, and amend the conditions as follows: (1) add to condition 29 that the "Downtown merchants, property owners, and residents shall be provided with at least two weeks’ notice of any planned utility disruptions during construction"; (2) add condition 30, "If downtown residents are to be relocated that at least 30 days’ notice be provided and a meeting be arranged. A signed waiver or acceptance must be obtained at least two weeks before the relocation"; (3) add condition 31, "During construction, a web site is to be maintained by the developer with a link from the city’s web site, to reflect current activity schedules, to be updated regularly, to reflect accurately the overall schedule of immediate detailed tasks scheduled for the next 30 days, and any potential disruptions to utilities, traffic and parking that might be pending"; (4) add condition 32, "Require a site coordinator for noise, security, utility disruptions, parking violations and traffic problems, to be available 24 hours a day through the City’s communications center, and to allow Public Safety to be able to respond in case there is an immediate need"; (5) add condition 33, "Developer be required to hold at least two additional public meetings on this project in the downtown area before issuance of any construction permits." The motion was seconded by Councilmember Roberts.
Councilmember Miller requested a friendly amendment (condition 34) to include an electric charging station in the underground parking garage.
The friendly amendment was accepted by the maker of the motion (Vice Mayor Walker).
The motion carried unanimously.
Mayor/Chair Vorreiter stated that the next item of business would be the Redevelopment Agency acting on the Disposition and Development Agreement.
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RA-1 |
RTA 00-003 RA |
Disposition and Development Agreement (DDA) Between the City of Sunnyvale Redevelopment Agency and the Mozart Development Company |
Director of Redevelopment/Secretary Boesch presented the staff report and responded to Agency Member questions.
Agency Attorney Armento also responded to Agency Member questions.
Chair Vorreiter opened the public hearing at 10:02 p.m.
Lorraine Wolfsohn stated her concerns with and objections to the disposition and development agreement.
Chair Vorreiter closed the public hearing at 10:08 p.m.
James Freitas of Mozart Development Company responded to Agency Member questions.
Vice Chair Walker moved to approve the new DDA and authorize the Executive Director of the Agency to execute the DDA, with the following amendments: (1) Increase the damages deposit in Section 7.5 from $500,000 to $1 million; (2) Revise the basis of contribution for the parking district from .5 spaces per thousand square feet to one space per thousand square feet in Section 4.12; (3) Make corporate parking available after hours and on weekends for no more than eight City-endorsed events (including special events and peak shopping activity during the holiday seasons), with the City handling the reimbursement of the security costs for the property owners and tenants; (4) Clarify that the 10,000 square feet of retail space is in addition to the overall 450,000 square feet of office space allocated for the project; (5) Include a review of responsibilities for clean up costs for hazardous waste during construction on the site; (6) In Section 2.6, the Redevelopment Agency shall have final authority on the parking improvement plan with no appeal to a binding arbitrator; and (7) Eliminate the reference to public meeting in Section 2.3. The motion was seconded by Agency Member Roberts.
Executive Director LaSala noted that on amendment (3), stating that the City would handle the reimbursement costs was too narrow and suggested a revision to "the cost would not be borne by property owners or tenants."
Agency Member Miller offered a friendly amendment to remove the $1.5 million that is unspecified from the General Fund and allocate the monies to mitigate any parking problems and construction problems in the downtown area during the construction period for the project.
Vice Chair Walker accepted the friendly amendment with a modification to dedicate the $1.5 million to general downtown revitalization and not limit the use of the monies to the construction problems. The friendly amendment was also accepted by the seconder of the motion, Agency Member Roberts.
The motion as amended carried unanimously.
Executive Director LaSala thanked the staff members who worked on the downtown project over the past few years.
Mayor Vorreiter declared the Redevelopment Agency adjourned at 10:25 p.m.
Mayor Vorreiter declared a recess at 10:25 p.m. and reconvened the meeting at 10:35 p.m.
|
3 . |
RTC 00-110 |
Selection of SMaRT Station Contractor |
Public Works Director Rose introduced the item.
Solid Waste Program Manager Bowers presented the staff report and responded to Council questions.
Mayor Vorreiter opened the public hearing at 11:06 p.m.
Eric Herbert of Burrtec Waste Industries spoke in support of awarding the contract to his company and posed questions regarding the bid review process.
Ken Etherington of GreenTeam/Zanker spoke in support of awarding the contract to his company, and related information regarding his company’s experience.
Jerry Nabhan of Bay Counties Waste Services asked the Council to award the contract to his company.
Bill Jones of Norcal Waste Systems Inc. spoke in support of his company’s proposal, and related his company’s experience and recycling record.
Jerry Schuber asked the Council to consider the needs of the employees currently employed at the SMaRT station.
Ole Olson spoke in support of awarding the bid to the contractor proposing the highest recycling percentage.
Terry Trumbull, waste management and recycling attorney, spoke in support of Norcal due to their high recycling percentage.
Cathy Lazarus, Public Works Director, City of Mountain View, stated that she was comfortable with the staff’s recommendation, and requested more time for review if another proposal was selected.
Glenn Roberts, Public Works Director, City of Palo Alto, stated that he was comfortable with the staff’s recommendation, and requested more time for review if another proposal was selected.
Kevin Butler, employee at Norcal, spoke in favor of making long-term temporary employees permanent at the SMaRT Station.
Salvador Castellanos, employee at Norcal, spoke in support of his company.
Larry Bellfill, employee at Norcal, spoke in support of his company.
Paul Donovan, employee at Norcal, spoke in support of his company.
Chuck Tobin requested that the Council go back to the bidders and request proposals based on the Council’s priorities.
Leslie Lawton, Boardmember, Sunnyvale Chamber of Commerce, spoke in support of the award to Bay Counties.
Suzi Blackman, President/CEO, Sunnyvale Chamber of Commerce, spoke in support of the award to Bay Counties.
Pat Castillo spoke in support of the award to Bay Counties.
Mayor Vorreiter closed the public hearing at 1:10 a.m.
Councilmember Roberts moved, and Mayor Vorreiter seconded, to award to the contract for operation of the SMaRT Station to Bay Counties Waste Services. The motion failed by the following roll call vote:
|
AYES: |
Valerio, Vorreiter, Roberts |
|
|
NOES: |
Fowler, Walker, Miller, Risch |
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|
ABSENT: |
None |
Councilmember Risch moved, and Councilmember Miller seconded, to award the contract for the operation of the SMaRT Station to GreenTeam/Zanker.
Councilmember Roberts offered a friendly amendment to allow the City Councils of the Cities of Mountain View and Palo Alto an extra two weeks to review the GreenTeam/Zanker proposal.
City Manager LaSala clarified that those cities had only requested extra time if the City Council did not choose the staff’s recommended contractor.
Councilmember Risch did not accept the friendly amendment.
The motion carried by the following roll call vote:
|
AYES: |
Fowler, Walker, Miller, Risch |
|
|
NOES: |
Valerio, Vorreiter, Roberts |
|
|
ABSENT: |
None |
|
4. |
RTC 00-120 |
Work Plan to Update Housing and Community Revitalization Sub-Element of the General Plan |
Community Development Director Boesch presented the staff report and responded to Council questions.
Mayor Vorreiter opened and closed the public hearing at 1:40 a.m.
Councilmember Risch requested an amendment to the Work Plan to provide additional community outreach to more areas of the City, to include non-profits and other groups related to the wide range of housing needs relevant to City residents.
Councilmember Miller moved, and Councilmember Risch seconded, approve the work plan as amended. The motion carried unanimously.
|
5. |
RTC 00-117 |
Appeal of Planning Commission Agenda Of March 27, 2000 and Administrative Hearing Agenda of March 29, 2000 |
No action was taken on this item.
ADDED AGENDA ITEM
|
6. |
RTC 00-126 |
Travel Authorization for Councilmember Valerio to Speak at Workshop in North Carolina - URGENCY ITEM |
This item was added to the agenda at the beginning of the meeting.
Assistant to the City Manager Rich presented the staff report.
Mayor Vorreiter opened and closed the public hearing at 1:42 a.m.
Councilmember Miller moved, and Councilmember Fowler seconded, to authorize Councilmember Valerio to speak at the Research Triangle Regional Partnership workshop on April 14. The motion carried unanimously.
CITIZENS TO BE HEARD
There were no citizens to be heard.
NON-AGENDA ITEMS & COMMENTS
COUNCIL
There were no comments from Council.
STAFF
There were no comments from staff.
ADJOURNMENT TO REDEVELOPMENT AGENCY
Mayor Vorreiter declared the meeting adjourned in memory of Mary Wilma Austin Hooper, who passed away on March 31, 2000. Mrs. Hooper was a Sunnyvale resident who had a genuine love for people and was dedicated to serving the youth of the community. She was instrumental in developing educational programs that serve as a bridge between the schools and the community, and actively participated in Bay Area civic, educational, and social groups.
The meeting was adjourned to the Redevelopment Agency at 1:44 a.m.
Respectfully submitted,
Linda Kelly
Senior Management Analyst/
Deputy City Clerk
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