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MINUTES
SUNNYVALE CITY COUNCIL
APRIL 25, 2000
The City Council of the City of Sunnyvale adjourned from a 6:30 p.m. study session regarding Consideration of a 50-meter Pool Partnership with Fremont Union High School District and met in regular session 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 introduced the Annual Environmental Achievement Awards and read the Earth Day Proclamation. She then presented awards to five organizations which partnered with the City on environmental projects over the past year: Go Network; Coldwell Banker; Goodwill Industries of Santa Clara County; 7-Eleven, Incorporated; and Sunnyvale Chamber of Commerce. Public Works Director Rose then presented awards to the following businesses for their environmental contributions: Orchard Heritage Park and Interpretative Exhibit; Lockheed Martin Space Systems Company; CerOx Corporation; DES Architects and Engineers; SunPower Corporation; Mitsubishi Electronics America, Incorporated; and Idec Corporation. Director Rose also presented awards to the following residents: Carolyn Bircher; Annika Fernbach, representing the Fernbach Family; Kevin Gregory; Cheryl Hollenbeak; Lindsay Jacobsen; Kim Jelfs; Carol Marshall from Fremont High School; Paul Schmitt; Wilson B. Woo; Lee Bialik; Carpus Chang; Kelly Chen; Stephi Hamilton; Rachel Houtz; Kenneth Mendes; Michelle Nguyen; Shana Patadia; Vikash Patel; and John Wendell.
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
Mary Bradley, Finance Director
David Boesch, Community Development Director
Marvin Rose, Public Works Director
Ron D’Alba, Lieutenant, Public Safety
Karen Miller, Revenue Systems Supervisor
Paul Spence, Planner
Daniel Rich, Assistant to the City Manager
Linda Kelly, Senior Management Analyst/Deputy City Clerk
PUBLIC ANNOUNCEMENTS
Dave Warburton of AARP presented information regarding issues related to seniors, and stated that he would provide periodic updates to the Council on senior issues.
Margaret Lawson of Celebrate Sunnyvale 2000 presented an update on the group’s activities, which include upcoming tree planting events.
Stephanie Ajimura, student at Fairwood School, presented a historical moment on Spanish explorers in the 1500-1600s, and explained the founding of Spanish missions in the valley.
Yolanda Brown announced the First Annual Downtown Art and Essay Contest for high school students to submit creative entries for the future of downtown. Savings bonds and a dinner with the Mayor and Vice Mayor will be awarded to the winners, whose names will be announced at the Council meeting on June 6. Entries are due by May 23 and must be submitted to the main office of each participating high school.
Councilmember Risch announced that during the month of May, the City will be conducting a Citywide Opinion/Satisfaction Survey and interested citizens are invited to participate in informal discussions with the consulting firm conducting the survey. The discussions will be held on Wednesday, April 26, at 6:30 p.m. and 8:00 p.m. in the Library Program Room.
Councilmember Risch further announced that on April 28 the City will be joining cities across the country in flying flags at all City buildings at half staff in observance of Children’s Memorial Day, in memory of all children under the age of 18 who have died by preventable violence.
Councilmember Fowler announced that this was Professional Secretaries’ Week, and acknowledged the contributions of Pat Dorsey, the Council’s Executive Assistant.
Councilmember Miller encouraged interested residents to attend a Regional Noise Overflight Workshop on April 27 at 7:00 p.m. at the Palo Alto Arts Center in Palo Alto. The FAA will be present and there will be a question and answer period.
Councilmember Miller also announced that the Bay Area Air Quality Management District recently issued a statement that Bay Area cancer risks are down by 40%, due to the steady decline in air toxics since the introduction of reformulated gasoline in California.
Mayor Vorreiter announced that the City’s annual "State of the City" event will take place on Saturday, May 6, from 11:00 a.m. to 3:00 p.m., with the theme of "Many Cultures, One Community," and encouraged everyone to come and enjoy the festivities.
COMMUNITY ORGANIZATION "MOMENT OF OPPORTUNITY" PRESENTATION
A representative from Christmas in April of the Mid-Peninsula spoke regarding their annual event to be held this Saturday, April 29. Volunteers are encouraged to participate in assisting individuals of limited means to fix-up their homes and provide other needed services. More information may be obtained by calling (650) 366-6597 or by visiting their web page at
www.christmasinapril-mp.com.CONSENT CALENDAR
Councilmember Miller requested that Item 1.C. be removed from the Consent Calendar.
Vice Mayor Walker moved, and Councilmember Miller seconded, approval of the Consent Calendar, with the exception of Item 1.C. The motion carried unanimously.
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1.A. |
Approval of Minutes (April 11, 2000) |
Fiscal Item
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1.B. |
List of Claims and Bills Approved for Payment by the City Manager (List Nos. 039 and 040) |
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Staff Recommendation: Review the lists of bills. |
Other Item
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1.D. |
Appointment to the Housing and Human Services Commission (Vice Mayor Walker) Staff Recommendation: Ratify appointment of Rick G. Kitson to the Housing and Human Services Commission. |
Contract
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1.C. |
Award of Bid for the Upgrade of a Fueling Station for Compressed Natural Gas Fleet Vehicles (F9903-62) Staff Recommendation: Award a contract in an amount not to exceed $91,769 to Clean Fuels, LLC, of Stockton for the upgrade of a fueling station for compressed natural gas vehicles. |
Public Works Director Rose presented the staff report.
Councilmember Miller moved, and Vice Mayor Walker seconded, approval of the staff recommendation. The motion carried unanimously.
PUBLIC HEARINGS/GENERAL BUSINESS
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2. |
RESOLUTIONS 133-00 & 134-00 |
Public Hearing and Election to Increase the Annual Appropriations Limit and Maximum Amount of Indebtedness, and Alter the Rate and Method of Apportionment of Special Taxes for Community Facilities District No. 1 (Downtown Parking Facilities) |
Finance Director Bradley presented the staff report.
Mayor Vorreiter opened and closed the public hearing at 8:20 p.m.
Councilmember Risch moved, and Councilmember Fowler seconded, adoption of the resolutions.
Resolution No. 00-133: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE INCREASING THE ANNUAL APPROPRIATIONS LIMIT AND MAXIMUM AMOUNT OF BONDED INDEBTEDNESS AND OF ALTERATION OF RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES AND SUBMITTING SAME TO QUALIFIED ELECTORS – Community Facilities District No. 1
Resolution No. 00-134: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE DECLARING RESULTS OF SPECIAL ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS AND THAT INCREASES IN THE ANNUAL APPROPRIATIONS LIMIT AND IN THE MAXIMUM AMOUNT OF BONDED INDEBTEDNESS AND ALTERATION OF RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES ARE LAWFULLY AUTHORIZED, AND DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN – Community Facilities District No. 1
The motion carried unanimously.
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3. |
RESOLUTIONS 135-00, |
Formation of City of Sunnyvale Community Facilities District No. 2 (Downtown Parking Facilities) |
Finance Director Bradley presented the staff report.
Mayor Vorreiter opened and closed the public hearing at 8:26 p.m.
Councilmember Risch moved, and Councilmember Fowler seconded, adoption of the resolutions and the holding of the first reading of the ordinance.
Resolution No. 135-00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE APPROVING FORMATION OF COMMUNITY FACILITIES DISTRICT – Community Facilities District No. 2
Resolution No. 136-00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE DETERMINING NECESSITY TO INCUR BONDED INDEBTEDNESS – Community Facilities District No. 2
Resolution No. 137-00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE CALLING A SPECIAL ELECTION – Community Facilities District No. 2
Resolution No. 138-00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN – Community Facilities District No. 2
Ordinance No. 2632-00: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 2 OF THE CITY OF SUNNYVALE
The motion carried unanimously.
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4. |
RESOLUTION 139-00 |
Proposed Fiscal Year 2000/2001 Utility Rates |
Revenue Systems Supervisor Miller presented the staff report and responded to Council questions.
Public Works Director Rose and Finance Director Bradley also responded to Council questions.
Mayor Vorreiter opened the public hearing at 8:42 p.m.
Werner Gans stated that he was pleased that this year’s rates were not going up as much as last year’s increase, and posed questions regarding infrastructure improvements, water availability, and the need to plan for future growth.
Suzi Blackman, President/CEO, Sunnyvale Chamber of Commerce, inquired whether commercial rates were included, and spoke of the need to notify business customers.
City Manager LaSala responded that staff would work on determining benchmarks to compare commercial rates.
Ron Swegles posed questions regarding notification to mobile home communities.
Mayor Vorreiter closed the public hearing at 8:55 p.m.
Vice Mayor Walker moved, and Councilmember Valerio seconded, adoption of the resolution.
Resolution No. 139-00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ESTABLISHING RATES AND CHARGES FOR WATER, SEWER AND SOLID WASTE COLLECTION AND DISPOSAL SERVICES FOR FISCAL YEAR 2000/2001 AND REPEALING ALL RESOLUTIONS OR PORTIONS THEREOF INCONSISTENT HEREWITH
The motion carried unanimously.
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5. |
ORDINANCE 2633-00 |
Amendments to Municipal Code Sections 10.16.120, 10.16.130 and 19.46.140 - Provisions Related to Nuisance Vehicles |
Public Safety Director Bakin introduced the item.
Lieutenant D’Alba presented the staff report and responded to Council questions. He noted that the first copy of the ordinance in the packet was an incorrect copy. He further noted that the citation in Section 19.46.140 of the proposed ordinance should read "19.46.120."
Mayor Vorreiter opened the public hearing at 9:24 p.m.
Charles Ryan expressed concerns with the storage of recreational vehicles on private property.
Ron Swegles expressed concerns regarding vehicles which are moved short distances to avoid ticketing.
Thom Mayer stated that there is no City ordinance regarding a vision triangle, and that he is in agreement with the proposed ordinance.
Richard Carlson asked about the legality of leaving a car in a private driveway for more than three days.
Mayor Vorreiter closed the public hearing at 9:35 p.m.
Councilmember Fowler moved, and Councilmember Miller seconded, first reading of the ordinance.
Ordinance No. 2633-00: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING SECTIONS 10.16.120, 10.16.130 AND 19.46.140 OF THE SUNNYVALE MUNICIPAL CODE PERTAINING TO STORAGE OF VEHICLES
The motion carried unanimously.
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6. |
ORDINANCE 2634-00 |
Review of Municipal Code Section 19.38.080 to Consider Modifications to Sidewalk Installation Requirements in Industrial Areas |
Community Development Director Boesch introduced the item.
Planner Spence presented the staff report.
Councilmember Miller requested a Study Issue regarding a Sidewalk Incentive Program for Industrial Areas.
Mayor Vorreiter opened the public hearing at 10:00 p.m.
Werner Gans spoke in support of requiring sidewalks in industrial areas.
Barney Burke, Chair of Bicycle Advisory Committee, clarified that the BAC motion was to install sidewalks within a five year time period. He also spoke of the need to look at Citywide transportation issues and tenant improvement matters, and stated that pedestrians walking in the street due to lack of sidewalks was a safety hazard.
Suzi Blackman, President/CEO, Sunnyvale Chamber of Commerce, stated that the Chamber supports sidewalks in general, but that she would like to see more involvement of the business community with this issue.
Thom Mayer stated that the BAC adopted alternative 7 in the staff report. He also stated his support for sidewalks in industrial areas within a reasonable time period, to be paid for by property owners.
Ron Swegles inquired if residential areas were required to have sidewalks.
Mayor Vorreiter closed the public hearing at 10:26 p.m.
Vice Mayor Walker moved, and Councilmember Valerio seconded, first reading of the ordinance and to direct staff to have meetings with the industrial community to consider a requirement that property owners without sidewalks be required to install sidewalks within a seven to ten year time period (alternatives 1 and 7 in the staff report).
Ordinance No. 2634-00: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING SECTION 19.38.080 OF THE SUNNYVALE MUNICIPAL CODE PERTAINING TO SIDEWALKS IN INDUSTRIAL DISTRICTS
Councilmember Valerio requested a friendly amendment to shorten the time period for installation to a "five to seven year time period."
Vice Mayor Walker suggested a "five to ten year time period" and Councilmember Valerio agreed to this amendment.
City Attorney Armento responded to Council questions.
The motion, as amended, carried unanimously.
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7. |
Appeal of the Planning Commission Agenda of April 10, 2000 and the Administrative Hearing Agenda of April 12, 2000 |
Community Development Director Boesch responded to Council questions on this item.
No action was taken on this item.
CITIZENS TO BE HEARD
Richard Carlson expressed concerns regarding the use of the San Francisco Bay wetlands for expansion of the San Francisco Airport.
NON-AGENDA ITEMS & COMMENTS
COUNCIL
Councilmember Fowler stated that he recently attended a San Francisco Public Utilities Commission meeting, where the issue of water quality was discussed.
Vice Mayor Walker stated that he is attending a Water Commission meeting tomorrow, and the use of ozone for disinfecting water will be discussed.
Mayor Vorreiter stated that May 22, 2000 is League of California Cities’ Day in Sacramento and asked for Councilmember participation in this event.
City Manager LaSala stated that he would provide Councilmembers with information on that event.
Mayor Vorreiter requested a Study Issue regarding the reconsideration of participation in a sister city program.
Mayor Vorreiter requested consideration of renaming the Bicycle Advisory Committee the "Bicycle Pedestrian Advisory Committee."
Mayor Vorreiter requested consideration of an anti-graffiti effort to relocate spray paint cans in stores.
City Manager LaSala stated that staff would look into these matters.
STAFF
City Manager LaSala announced that he sent a letter to the City’s legislative delegation regarding funding priorities.
ADJOURNMENT TO CLOSED SESSION (IMMEDIATELY FOLLOWING THE COUNCIL MEETING)
Mayor Vorreiter declared the meeting adjourned at 10:52 p.m. to a closed session regarding a Public Employee Performance Evaluation of the City Attorney (pursuant to
Government Code Section 54957).
Respectfully submitted,
Linda Kelly
Senior Management Analyst/
Deputy City Clerk
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