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City Council Minutes 5-9-2000

MINUTES
SUNNYVALE CITY COUNCIL
MAY 9, 2000

The City Council of the City of Sunnyvale adjourned from a 6:00 p.m. Joint Study Session with the Planning Commission regarding Design Guidelines and Development Standards for Large Homes and Non-Heritage Areas and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California, at 7:34 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 proclaimed May 11 as National Child Care Providers Appreciation Day, and presented a proclamation to Wilma Gold, representing the local affiliate of the National Association for the Education of Young Children and of Bright Horizons, the nation’s leading provider of work-site child care.

Mayor Vorreiter then presented the Mayor’s Child Care Innovation Award to Jim and Gerlinde Daugherty of Gerlinde’s Family Day Care, which was honored by the Mayor for maintaining the highest standards of nutrition and cleanliness in a loving, warm, and nurturing environment.

Mayor Vorreiter extended sincere thanks to all child care providers who have contributed generously to high quality child care in the Sunnyvale community.

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

Mary Bradley,
Finance Director

Therese Balbo,
Administrative Services Manager, Finance

Marilyn Roaf,
Rehabilitation Specialist

Kirk Sanfilippo, 
Public Safety Captain

Peter Gonda,
Administrative Assistant, Public Safety

Dan Rich,
Assistant to the City Manager

Linda Kelly, 
Sr. Management Analyst/Deputy City Clerk

PUBLIC ANNOUNCEMENTS

Yolanda Brown, Chair of Sunnyvale’s Census 2000 Committee, reminded everyone to complete the census form. She also announced the Downtown High School Art and Essay Contest. Interested students in grades 9-12 who live in Sunnyvale are encouraged to submit entries to their school’s main office by May 23.

Werner Gans stated that he attended the recent FAA meeting regarding the proposed rerouting of flights over the South Bay, and thanked the City Manager and Council for notifying the FAA that this plan was not acceptable to the citizens.

Vice Mayor Walker announced that the City is closely monitoring the FAA proposal and that City staff has reviewed the draft environmental assessment and has raised concerns about the project. Interested residents should make their opinions known by sending comments by July 7 to Parsons, 233 Watt Avenue, Suite 330, Sacramento, Ca, 95825.

Vice Mayor Walker also announced that the Mayor has proclaimed May as Buddy Poppy Promotional Month, in support of the Veterans of Foreign Wars and their annual distribution of buddy poppies.

Further, the Vice Mayor announced that the Mayor has proclaimed May 15-19 as Bike to Work Week in Sunnyvale. On Tuesday, May 16, the City’s Bicycle Advisory Committee is hosting three energizer stations to provide refreshments during the morning commute. Stations will be at Fremont and Wolfe Avenues, Mary and Maude Avenues, and Sunnyvale and Evelyn Avenues and will be in operation from 6:00 – 9:00 a.m.

Vice Mayor Walker then announced that the musical "Grease" is playing this Friday and Saturday night at 7:30 p.m. at Fremont High. Information can be obtained by calling 522-2400.

Councilmember Miller announced the next Bocce Ball Tournament on June 22. She then thanked the Mayor for the outstanding State of the City event, and thanked John Vidovich of DeAnza Properties for his $10,000 contribution to the Friends of the Fremont Pool.

Mayor Vorreiter thanked staff for their help with the State of the City. She also stated that last week she cut the ribbon for First Community Housing’s Orchard Garden Project, which provides 62 apartment homes to serve as affordable housing for low-income families.

SPECIAL PRESENTATION

Rick Callender and Kay Whitlock from the Santa Clara Valley Water District made a special presentation regarding the tax measure that the District is seeking to place on the November 2000 ballot, and explained the benefits of the funds to the City and the community. They also requested that the Council consider an ordinance endorsing the ballot measure. Mr. Callender presented the goals of the District, which include flood prevention, property protection, preservation of healthy water systems, protection of open space and the maintenance of natural habitats. The two projects that would directly benefit Sunnyvale would be the Sunnyvale West Channel and the Sunnyvale East Channel.

COMMUNITY ORGANIZATION "MOMENT OF OPPORTUNITY" PRESENTATION

Mary Hidalgo of the Sunnyvale Bayview Citizens Club presented the organization’s goals and events. The Club is co-sponsored by the City’s Parks and Recreation Department, specializes in activities for senior citizens, such as bingo, trips to Reno, and entertainment, and is open to everyone 50 and older. They have honored 32 of their members who are over the age of 85. More information may be obtained by contacting the Senior Center at 730-7360.

CONSENT CALENDAR

Councilmember Miller requested the removal of Items 1.H. and 1.I. from the Consent Calendar. Vice Mayor Walker moved, and Councilmember Miller seconded, approval of the Consent Calendar as presented with the exception of items 1.H. and 1.I. The motion carried unanimously.

1.A.

Approval of Minutes (May 2, 2000)

Fiscal Item

1.B.

RTC 00-150

List of Claims and Bills Approved for Payment by the City Manager (List No. 042)

   

Staff Recommendation: Review the list of bills.

Contracts

1.C.

RESOLUTION
NO. 142-00
RTC 00-151

Acceptance of Improvements – Seismic Retrofit of Four Bridges (ST-97/09-98)

Staff Recommendation: Adopt the resolution.

Resolution No. 142–00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ACCEPTING AS COMPLETED WORK FOR SEISMIC RETROFIT OF FOUR BRIDGES (ST 97/09-98), AUTHORIZING FINAL PAYMENT AND DIRECTING CITY CLERK TO FILE NOTICE OF COMPLETION

1.D.

RTC 00-154

Extension of Contract for Wastewater Treatment Chemicals for the Water Pollution Control Plan (F9904-70)

Staff Recommendation: Approve a one-year extension of an existing contract with Monolyte Laboratories, Inc., of Sandy, Utah, in an amount not to exceed $1,450,000 for polymer flocculants for the Water Pollution Control Plant.

1.E.

RTC 00-155

Award of Contract for Computer Modeling of the Sunnyvale Water Distributing System (F9904-73)

Staff Recommendation: Award a contract to David Evans and Associates, Inc., of San Jose in an amount not to exceed $81,400 for computer modeling of the Sunnyvale Water Distribution System (Public Works Project No. UW-00/01-01).

1.F.

RTC 00-152

Award of Contract for Financial System Software Support (F9904-74)

Staff Recommendation: Award a contract in the amount of $70,270 to KPMG Consulting, LLC, of McLean, Virginia, for software maintenance and support of the Integrated Financial Management System.

Personnel Item

1.G.

RESOLUTION
NO. 143-00
ORDINANCE
RTC 00-148

Notice of Intent to Amend Contract with the Public Employees’ Retirement System (PERS) to provide the Military Buy-back Option for Miscellaneous Employees

Staff Recommendation: Amend the contract with PERS to provide Section 21024 (Military Service Credit as Public Service) for local miscellaneous members, adopt the Resolution and hold first reading of the Ordinance.

Resolution No. 143–00: 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 TO LOCAL MISCELLANEOUS MEMBERS

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SUNNYVALE

Other Items

1.J.

RTC 00-159

Quality of Life Index – Community Outreach Workplan

Staff Recommendation: Approve the workplan as outlined in the report.

1.H.

RTC 00-146

Application for Reimbursement Through the Bulletproof Vest Partnership Program

Staff Recommendation: Approve request to apply for reimbursement.

Administrative Assistant Gonda and Captain Sanfilippo responded to Council questions regarding vests for canines.

Councilmember Miller moved, and Councilmember Fowler seconded, approval of the staff recommendation. The motion carried unanimously.

1.I.

RESOLUTION

NO. 144-00
RTC 00-147

Adoption of a Resolution Regarding AB 1482 (Holding Periods for Animals) and Approval of the Required Compliance Plan

Staff Recommendation: Adopt AB 1482 Resolution and approve related Compliance Plan.

Resolution No. 144–00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ELECTING TO COMPLY WITH CERTAIN ANIMAL HOLDING PERIODS UNDER AB 1482 AND SETTING FORTH THE REQUIRED FINDINGS

Captain Sanfilippo presented the staff report and responded to Council questions.

Mayor Vorreiter opened and closed the public hearing at 8:21 p.m.

Councilmember Miller moved, and Vice Mayor Walker seconded, approval of the staff recommendation. The motion carried unanimously.

PUBLIC HEARINGS/GENERAL BUSINESS

2.

RTC 00-144

FY 2000/2001 Recommendations on Outside Group Funding

Mayor Vorreiter announced that Councilmember Fowler has a conflict of interest on the consideration of funding for Outreach, and that the first Council vote will be only on Outreach.

Rehabilitation Specialist Roaf presented the staff report and responded to Council questions.

Mayor Vorreiter opened and closed the public hearing at 8:30 p.m.

Councilmember Fowler explained that he was abstaining on Outreach since he provided the agency with professional services during the past year.

Mayor Vorreiter reopened the public hearing at 8:32 p.m.

Carolyn Taylor explained the need for the additional $5,000, which is based on the higher VTA rates passed on to the ridership. She stated that she met with members of the VTA and also would like to take a look at the way the City handles Outreach.

Mayor Vorreiter closed the public hearing at 8:35 p.m.

Councilmember Valerio moved, and Councilmember Risch seconded, to adopt staff’s funding recommendation of $15,080 on Outreach and accept the relative recommended ranking of Outreach. The motion carried unanimously, with Councilmember Fowler abstaining.

Councilmember Fowler returned to his seat on the dais.

The Mayor stated that all other organizations would be considered next.

Donna DiMinico of Catholic Charities’ Long Term Care Ombudsman Program asked the Council to remember older Americans, and stated that they recently recognized Mary Church, a certified volunteer ombudsman assigned to Manor Care Nursing Facility.

Jan Rindfleisch, Director of Euphrat Museum of Art, described their recent art shows.

Diana Argabrite of the Euphrat Museum of Art stated that this was the 9th year of the their program of providing art in the schools, displayed samples of artwork, and thanked the Council for past funding.

Georgia Bacil, Directing Attorney for Senior Legal Services, stated that the funding would provide 48 appointments at the senior center, and thanked the Council for its support of their mission.

Elaine Curran, President of Junior Achievement, stated that this was their first time requesting funding from the City, and that all of their programs were delivered by volunteers who provide career education.

Lydia Tan, Vice President, Bridge Housing Corporation, Cupertino Community Services, stated that they provide food, clothing, and a rotating homeless shelter program, and are looking to build 24 homes in Cupertino.

Mayor Vorreiter closed the public hearing at 8:51 p.m.

Community Development Director Boesch responded to Council questions regarding funding priorities and commission input.

Councilmember Valerio moved, and Councilmember Fowler seconded, to adopt staff’s funding recommendations (with the exception of Outreach) of $492,560 and the recommended ranking order of groups to receive General Fund funding at the time of the adoption of the City budget in the amount of $82,213. The motion carried unanimously.

3.

RESOLUTION
NO. 145-00
RTC 00-143

Approval to Levy and Collect an Assessment for the Downtown Parking Maintenance District for FY 2000/2001

Administrative Services Manager Balbo presented the staff report and responded to Council questions.

Finance Director Bradley also responded to Council questions.

Mayor Vorreiter opened and closed the public hearing at 9:04 p.m.

Finance Director Bradley announced the vote for the assessment as follows: $34,611.50 dollars’ worth of positive votes and $12,787.50 dollars’ worth of negative votes, which carried the measure.

Councilmember Risch moved, and Councilmember Roberts seconded, adoption of the resolution. The motion carried unanimously.

Resolution No. 145-00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE CONFIRMING ENGINEER’S REPORT AND LEVYING ANNUAL ASSESSMENT FOR THE DOWNTOWN PARKING MAINTENANCE DISTRICT FOR FY 2000-01

4.

RTC 00-156

2000-2005 Consolidated Plan (City of Sunnyvale 5-Year Federal Funding Strategy)

 

 

Rehabilitation Specialist Roaf presented the staff report and responded to Council questions. She stated that she had received two additional written comments subsequent to the preparation of the report to Council, one from Support Network for Battered Women and one from Project Sentinel.

Community Development Director Boesch also responded to Council questions.

Mayor Vorreiter opened and closed the public hearing at 9:17 a.m.

Councilmember Valerio moved, and Councilmember Miller seconded, approval of the 2000-2005 Consolidated Plan. The motion carried unanimously.

5.

RTC 00-160

Appeal of the Administrative Hearing Agenda of April 26, 2000

No action was taken on this item.

CITIZENS TO BE HEARD

Norma Anderson spoke in opposition to the demolition practices used on an Eichler home next door to her property on Wright Avenue, and the subsequent construction of a large home out of character with the neighborhood. She stated that she did not feel that the process included her rights as a neighborhood homeowner.

Gretchen Callahan also spoke regarding the same issue of the home demolition and the large home construction process.

Dr. William Gaugler showed photos of the Eichler homes and photos of the construction of the large home in the neighborhood, which he also felt was inappropriate for the area. He asked the Council to take action on an emergency basis to stop further work on the construction of the home, and stated that Eichler homes should be given protected status due to their example of post World War II-era architecture.

Councilmember Miller requested that an inspector be sent to the property.

Community Development Director Boesch explained the permit approval process and stated that an inspector would be sent to the property tomorrow.

Councilmember Valerio requested that a letter from the City to the contractor be sent regarding improper demolition practices.

Vice Mayor Walker stated that design guidelines were adopted years ago to prevent this type of occurrence.

City Manager LaSala stated that staff could provide a written report to the City Council regarding the permit process for this particular home.

NON-AGENDA ITEMS & COMMENTS

COUNCIL

Councilmember Miller stated that some citizens had asked her for the process of how ordinances are adopted, and requested the City Attorney to explain this.

City Attorney Armento responded that while there are some exceptions, most ordinances require an introduction and reading of the title at a first meeting, and can be adopted at a subsequent meeting. Most ordinances take effect 30 days after adoption, and the Council can specify effective dates for certain ordinances as well.

STAFF

City Manager LaSala requested that the Mayor adjourn the meeting to a closed session on real property negotiations pursuant to Government Code Section 54956.8. The property in question is the Town Center Mall, the negotiator is the City Manager, the party is AMP, and the topic is instructions concerning financial terms.

ADJOURNMENT

Mayor Vorreiter declared the meeting adjourned to a closed session at 10:11 p.m.

Respectfully submitted,

 

Linda Kelly
Senior Management Analyst/Deputy City Clerk

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