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STUDY SESSION:

MINUTES
SUNNYVALE CITY COUNCIL

SEPTEMBER 26, 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.

SPECIAL ORDER OF THE DAY – Recognition of Sunnyvale SWAT Team

Mayor Vorreiter commended the Sunnyvale Public Safety SWAT team for its recent overall First Place win in the Santa Clara County Sheriff’s Office Invitational SWAT Competition "Best in the West" 2000. In the seven years the competition has been held, this is the third time the Sunnyvale team has come out on top. Individual accomplishments included the Top Sniper Award to Joel Witmer, and third place in the two-person Combat Town for PSOs Moretto and Pang.

SALUTE TO THE FLAG

The salute to the flag was led by Mayor Vorreiter.

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
Shawn Hernandez, Information Technology Director
Marvin Rose, Acting Community Development Director
Mark Dettle, Acting Public Works Director
Robert Walker, Parks and Recreation Director
Trudi Ryan, Planning Officer
Paula Bradley, Associate Planner
Brice McQueen, Management Analyst, CDD
Linda Kelly, Sr. Management Analyst/Deputy City Clerk

PUBLIC ANNOUNCEMENTS

Councilmember Risch made announcements on behalf of the City Council. First, he announced that Councilmember Miller was appointed to the Association of Bay Area Governments’ Legislation Committee. He also reminded people to mark their calendars for the second annual Community Pancake Breakfast and Safety Fair hosted by the Sunnyvale Public Safety Department on Saturday, October 14 from 8:00 to 12:00 at Fire Station No. 2. Cost is $3.00 per person, $2.00 for children 10 and under. Proceeds will benefit the Alisa Ann Ruch Burn Foundation. He further announced that the City recently sponsored the first of two public forums on Measure S, the ballot measure regarding accepting fluoridated water from suppliers. The forum will be rebroadcast on KSUN, Channel 18, twice a week, at 7:00 p.m. Fridays and at 5:00 p.m. on Sundays. The second forum will be held on Thursday, October 19 and will be moderated by the League of Women Voters. It will be held here in the Council Chambers, 456 W. Olive Avenue at 7:00 p.m. The forum will be open to the public and will be broadcast live on KSUN, Channel 18.

Mayor Vorreiter announced that the City’s first International Street Fair was held on Saturday, September 23rd and was highly successful.

COMMUNITY ORGANIZATION "MOMENT OF OPPORTUNITY" PRESENTATION

Alan Berkowitz, Executive Director of Environmental Volunteer, presented the organization’s purpose and mission. The group is run by volunteers and offers educational workshops and field trips for schools. Over 11,000 students are served annually through their programs. Interested individuals can volunteer to receive multi-subject or single-subject training to serve as an environmental volunteer. Interested persons are encouraged to call (650) 961-0545 for more information.

CONSENT CALENDAR

Werner Gans, member of the public, requested that Item 1.D. be pulled from the Consent Calendar.

Vice Mayor Walker moved, and Councilmember Valerio seconded, approval of the Consent Calendar with the exception of Item 1.D. The motion carried unanimously.

1.A.

 

Approval of Minutes (September 19, 2000)

     

Fiscal Items

1.B.

RTC 00-329

List of Claims and Bills Approved for Payment by the City Manager (List No. 011)

   

Staff Recommendation: Review the list of bills.

Contracts

1.C.

RTC 00-330

Award of Contract for Cellular Phone Service (F0009-22)

Staff Recommendation: Award a one year contract in an amount not to exceed $86,400 to Nextel Communications.

1.E.

RESOLUTION

NO. 187-00

RTC 00-332

Acceptance of Improvements – Sunnyvale Villas Tract #8943 (SD-97-1)

Staff Recommendation: Adopt the Resolution accepting the project as complete and satisfactory.

Resolution No.187–00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED IN SUNNYVALE VILLAS, TRACT NO. 8943, SD-97-1, AS COMPLETE AND SATISFACTORY

Personnel Items

1.F.

RESOLUTION NO. 188-00

RTC 00-327

City Manager Control Point

Staff Recommendation: Adopt the Resolution.

Resolution No. 188–00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ESTABLISHING THE CONTROL POINT FOR THE POSITION OF CITY MANAGER

1.G.

RESOLUTION

NO. 189-00

RTC 00-328

City Attorney Control Point

Staff Recommendation: Adopt the Resolution.

Resolution No. 189–00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ESTABLISHING THE CONTROL POINT FOR THE POSITION OF CITY ATTORNEY

1.D.

RTC 00-331

Award of Bid for Street Asphalt Concrete Overlay and Reconstruction (F0008-14)

Staff Recommendation: Award a contract in an amount not to exceed $433,276 (bid amount of $376,762 plus a contingency of $56,514) to El Camino Paving, Inc. of Mountain View for asphalt concrete overlay and reconstruction at seven Sunnyvale street locations.

Acting Public Works Director Mark Dettle presented the staff report.

Mayor Vorreiter opened the public hearing at 7:47 p.m.

Werner Gans asked if there would be a completion incentive or a lack of completion penalty for this project, and stated that he was concerned with the Wolfe Road widening project taking too long.

City Manager LaSala stated that road construction was on schedule.

Mayor Vorreiter closed the public hearing at 7:50 p.m.

Councilmember Fowler moved approval of the staff recommendation. The motion was seconded by Vice Mayor Walker and carried unanimously.

PUBLIC HEARINGS/GENERAL BUSINESS

2.

RTC 00-333

Application for a Use Permit to allow construction of four 3-story office buildings with a total of 509,420 square feet resulting in a 52.48% Floor Area Ratio (FAR) where a maximum 35%-50% FAR is allowed without a Use Permit; property located at 1350 Geneva Avenue, 1345 and 1347 Crossman Avenue in an M-3 (General Industrial) Zoning District; Kenneth Rodriguez & Partners (BNP Leasing Corporation)

At 7:51 p.m., Councilmember Miller declared a conflict of interest on this item and excused herself from the dais.

Planning Officer Ryan presented the staff report and responded to Council questions. She stated that staff was amending Condition 11 for clarification (bicycle parking review process). The language of Condition 14 is being added to Condition 11.b. She also clarified that the TDM program goal is toward an 18% trip reduction program.

Mayor Vorreiter opened the public hearing at 8:04 p.m.

Dan Warmenhoven, CEO of Network Appliance, explained the history and evolution of Network Appliance, and stated that the company has exceeded its growth expectations. He thanked the Council for its support.

Suzi Blackman, President/CEO, Chamber of Commerce, spoke in support of the project.

Werner Gans inquired about a building on the property that is one year old, and asked about the possibility of high-density housing for a walk to work opportunity.

Thom Bryant of Network Appliance stated that Moffett Park may not be the best place for high-density housing, but that he supported such housing nearby.

Don Warmenhoven, CEO of Network Appliance, concluded his remarks and stated that his workforce creates a critical mass of employees for light rail transit.

Mayor Vorreiter closed the public hearing at 8:16 p.m.

Vice Mayor Walker moved, and Councilmember Fowler seconded, the staff recommendation, to uphold the decision of the Planning Commission to affirm the Mitigated Negative Declaration and approve the use permit with conditions, as clarified by staff. The motion carried by the following roll call vote:

 

AYES:

NOES:

ABSTAIN:

ABSENT:

Fowler, Valerio, Walker, Vorreiter, Roberts, Risch

None

Miller

None

3.

RTC 00-326

Software Licensing Agreement Between the City of Sunnyvale and Berryman & Henigar Enterprises

Councilmember Miller returned to her seat at the dais at 8:19 p.m.

Information Technology Director Hernandez presented the staff report and responded to Council questions.

City Manager LaSala commended IT staff on this project and the unique and innovative agreement, and noted that legal counsel Ed Taylor donated his time on the agreement.

Mayor Vorreiter opened the public hearing at 8:27 p.m.

Ray Berryman, CEO of Berryman & Henigar Enterprises, thanked Council for its consideration of this item, thanked staff for their good work, and stated that the software will be a great benefit to other cities.

Mayor Vorreiter closed the public hearing at 8:36 p.m.

Vice Mayor Walker moved, and Councilmember Fowler seconded, the staff recommendation to approve the agreement with Berryman & Henigar Enterprises. The motion carried unanimously.

4.

ORDINANCE
RTC 00-334

Revisions to Sunnyvale Municipal Code Section 16.08.110 – Hours of Construction

Management Analyst McQueen presented the staff report and responded to Council questions.

Acting Community Development Director Rose also responded to Council questions.

Mayor Vorreiter opened the public hearing at 9:01 p.m.

Darah Ghafarian stated that he is opposed to extending construction hours in residential areas even for interior work.

Thom Mayer stated that he was concerned with a lack of guidelines and that he preferred homeowners’ remodeling hours to not be before 9:00 a.m. on Saturday or Sunday.

Mayor Vorreiter closed the public hearing at 9:05 p.m.

Councilmember Fowler moved, and Councilmember Miller seconded, first reading of the ordinance as amended to insert "within non-residential districts" after the word "activity" in 16.08.110(b)(3) (or similar wording by staff that meets his intent to support flexibility in non-residential areas and to keep current controls in residential areas).

Councilmember Miller requested a friendly amendment to start homeowner work not before 9:00 a.m. on Sundays and national holidays (instead of 8:00 a.m.). Councilmember Fowler accepted the friendly amendment.

The motion failed by the following roll call vote:

 

AYES:

NOES:

ABSTAIN:

ABSENT:

Fowler, Miller

Valerio, Walker, Vorreiter, Roberts, Risch

None

None

Councilmember Roberts moved the staff recommendation to hold first reading of the ordinance as presented. The motion was seconded by Councilmember Risch and carried by the following roll call vote:

 

AYES:

NOES:

ABSTAIN:

ABSENT:

Fowler, Valerio, Walker, Vorreiter, Roberts, Risch

Miller

None

None

5.

RTC 00-315

Consideration of Ways to Promote Non-City Sponsored Cultural Events - Study Issue

Sr. Management Analyst Kelly presented the staff report and responded to Council questions.

Parks and Recreation Director Walker and City Attorney Armento also responded to Council questions.

Councilmember Miller requested a Study Issue regarding a Policy on Street Light Pole Banners.

Mayor Vorreiter opened the public hearing at 9:35 p.m.

Thom Mayer stated his hope that formalizing the processes would not make holding the Lakewood Village events more complex or more expensive.

Mayor Vorreiter closed the public hearing at 9:36 p.m.

Vice Mayor Walker moved, and Councilmember Miller seconded, the staff recommendation to establish a standardized policy for funding special events, and establish an annual process for considering requests for event assistance (Alternative No. 1) as amended: (a) staff to come back to Council with a recommended amount to be budgeted annually for special events; (b) direct the City Manager to include his recommendation regarding whether or not to fund this project in his Recommended Budget Resource Allocation Plan to Council for Fiscal Year 2001/2002 in spring of 2001; (c) direct staff to return to Council by spring 2001 with a recommended Council policy that includes a process and guidelines for acting on requests for special event support; and (d) staff to come back with a recommended policy to Council to allow appropriate signage at the two City locations, with criteria for banners to be limited to displaying the name of the sponsoring organization, name of event, location, date, time, contact phone number, and web site. The motion carried by the following roll call vote:

 

AYES:

NOES:

ABSTAIN:

ABSENT:

Fowler, Valerio, Walker, Vorreiter, Roberts, Miller

Risch

None

None

CITIZENS TO BE HEARD

Darab Ghaffary expressed concerns with parking restrictions when street cleaners come by, and that his street is not getting cleaned. He asked why the City does not have no parking signs for street sweeping. He also stated that he has had no response on a call he made to the abandoned vehicle hotline.

Acting Public Works Director Dettle stated that staff can work with the neighborhoods to do a clean sweep, and that staff will work with Mr. Ghaffary to address his concerns.

Mayor Vorreiter stated that a reminder could be placed in the quarterly report regarding parking regulations.

Acting Community Development Director Rose stated that the City Council’s position has traditionally been to eliminate signs when possible, and that the Council has addressed this issue a few times in years past.

Thom Mayer stated that on Weddell East of Fair Oaks, bike lanes were being removed. He asked if this was consistent with Council policy.

Acting Public Works Director Dettle stated that he will look into the situation and get back to Mr. Mayer.

Mark Priscaro stated that he recently received an apology from the City regarding an unauthorized property appraisal at the property he is renting in the downtown redevelopment project area. He also stated that he thought the City was being overzealous and overaggressive in its desire to acquire properties in this area.

City Manager LaSala stated that an apology was issued, and that the City’s practices were not overly aggressive in this area.

NON-AGENDA ITEMS & COMMENTS

COUNCIL

Councilmember Fowler commended City staff on how they handled Vice President Gore’s visit to Sunnyvale last week.

Councilmember Risch clarified that the next Measure S public forum would be held on October 19th, not October 9th, as he mistakenly stated.

STAFF

There were no additional comments from staff.

ADJOURNMENT

Mayor Vorreiter declared the meeting adjourned at 10:04 p.m.

Respectfully submitted,

Linda Kelly
Senior Management Analyst/Deputy City Clerk

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