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MIN010901

MINUTES
SUNNYVALE CITY COUNCIL
JANUARY 9, 2001

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 Walker presiding.

SALUTE TO THE FLAG

The salute to the flag was led by Mayor Walker.

ROLL CALL

PRESENT:

Mayor Jack Walker
Vice Mayor Fred Fowler
Councilmember Manuel Valerio
Councilmember Pat Vorreiter
Councilmember Tim Risch
Councilmember Jim Roberts
Councilmember Julia Miller

 

ABSENT:

None

 

STAFF PRESENT:

Robert S. LaSala, City Manager
Amy Chan, Assistant City Manager
Valerie J. Armento, City Attorney
Marvin Rose, Acting Community Development Director
Mark Dettle, Acting Public Works Director
Gerri Caruso, Principal Planner
Edwin Ordonez, Associate Planner
Dan Rich, Assistant to the City Manager
Linda Kelly, Sr. Management Analyst/Deputy City Clerk

PUBLIC ANNOUNCEMENTS

IrisAnn Nelson, Vice Chair, Housing and Human Services Commission, stated that she recently visited the YWCA Rape Crisis Center, where the agency staff commented that Sunnyvale Police were the best police in the area.

On behalf of the City Council, Councilmember Roberts invited all residents to a series of open houses to discuss the Quality of Life in Sunnyvale. Open houses will be held as follows: (1) Tuesday, January 16 from 6:30-8:30 p.m. in the Washington Park Multi-purpose Room, 840 W. Washington Avenue; (2) Thursday, January 18 from 6:30 to 8:30 p.m. in the Lakewood Park Multi-purpose Room, 834 Lakechime Drive; and (3) Thursday, January 25 from 12:30-2:30 p.m. in the Ortega Park Multi-purpose Room, 6363 Harrow Way. Residents can stop by any time during the open house and it will take about 15 minutes to participate. If residents are unable to attend one of the open houses, they may still participate by providing their input by visiting the City's website at www.ci.sunnyvale.ca.us/ql. This site will be available from January 15-26. Residents may request a survey to be mailed by calling 730-7480 by January 18.

Councilmember Vorreiter announced that last week the City was noted as being one of only three area cities to achieve over 50% in recycling.

Vice Mayor Fowler announced that this evening at 6:30 p.m. the Council met in closed session regarding real property negotiations. The property was 211 W. Iowa Ave. (Wards Store). The topic of discussion was potential purchase, and direction was given but no action was taken.

CONSENT CALENDAR

Vice Mayor Fowler moved, and Councilmember Miller seconded, approval of the Consent Calendar. The motion carried unanimously.

1.A.

 

Approval of Minutes (December 19, 2000)

Fiscal Items

1.B.

RTC 01-003

List of Claims and Bills Approved for Payment by the City Manager (List Nos. 24 & 25)

Staff Recommendation: Review the list of bills.

Contracts

1.C.

RTC 01-004

Award of Contract for Computer Programming Services (F0012-44)

Staff Recommendation: Award a contract in an amount not to exceed $99,540 to Berryman and Henigar Enterprises of San Diego, doing business as GovPartner, to provide computer programming services to the Department of Information Technology.

     

1.D.

RESOLUTION NO. 100-01
RTC 01-001

Acceptance of Improvements - Traffic Signal Modification: South Bernardo Avenue and El Camino Real SR 82 (TR-94-04 (A))

Staff Recommendation: Adopt the Resolution.

Resolution No. 100-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ACCEPTING AS COMPLETED WORK FOR TRAFFIC SIGNAL MODIFICATION: SOUTH BERNARDO AVENUE AND EL CAMINO REAL SR 82 (TR 94-04(A)), AUTHORIZING FINAL PAYMENT AND DIRECTING CITY CLERK TO FILE NOTICE OF COMPLETION

     

1.E.

RESOLUTION NO. 101-01
RTC 01-005

Acceptance of Improvements - Community Center Kiln Room Addition (PR 99/01-00)

Staff Recommendation: Adopt the Resolution.

Resolution No. 101-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ACCEPTING AS COMPLETED WORK FOR COMMUNITY CENTER KILN ROOM ADDITION (PR-99/01-00), AUTHORIZING FINAL PAYMENT AND DIRECTING CITY CLERK TO FILE NOTICE OF COMPLETION

Other Items

1.F.

RESOLUTION NO. 102-01
RTC 01-1 CA

Authorizing the City Property Administrator to Accept Deeds or Grants of Interest in or Easements Upon Real Property

Staff Recommendation: Adopt the Resolution.

Resolution No. 102-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AUTHORIZING THE CITY PROPERTY ADMINISTRATOR ON BEHALF OF THE CITY OF SUNNYVALE TO ACCEPT ALL DEEDS AND GRANTS CONVEYING ANY INTEREST IN OR EASEMENT UPON REAL PROPERTY TO THE CITY OF SUNNYVALE AND TO CONSENT TO THEIR RECORDATION

     

1.G.

RESOLUTION NO. 103-01
RTC 01-2 CA

Adopting a Policy Concerning the City's Participation In
Friend-of-the-Court Briefs

Staff Recommendation: Adopt the Resolution.

Resolution No. 103-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ADOPTING A POLICY CONCERNING THE CITY'S PARTICIPATION IN FRIEND-OF-THE-COURT BRIEFS

 

1.H.

RESOLUTION NO. 104-01
RTC 01-008

Resolution Declaring Weeds to be a Nuisance and Setting
January 23, 2001 as the Date for a Public Hearing

Staff Recommendation: Adopt resolution declaring weeds to be a public nuisance and set the 23rd of January, 2001 as the date for a public hearing.

Resolution No. 104-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE DECLARING WEEDS TO BE A NUISANCE AND SETTING A PUBLIC HEARING FOR JANUARY 23, 2001

PUBLIC HEARINGS/GENERAL BUSINESS

2.

MOTION
RTC 01-007

Application for a Use Permit on a 6.59 acre parcel to allow demolition of an existing building and construction of a new building with an increased FAR (Floor Area Ratio) of 55% where 35% FAR is allowed without a Use Permit; property located at 1220 N. Mathilda Avenue in an M-3 (General Industrial) Zoning District - Mathilda Associate II, LLC (Lockheed Martin Corporation)

Associate Planner Ordonez presented the staff report and responded to Council questions.

Mayor Walker opened the public hearing at 7:45 p.m.

Jane Vaughan, applicant, Development Manager of Menlo Equities, spoke in support of the project, and stated that this would be the third building for Juniper Networks in Sunnyvale.

Scott Kriens, CEO of future tenant Juniper Networks, thanked staff for their assistance, and stated that his company has had a positive experience with Sunnyvale.

Mike Bangs, Facilities Director of future tenant Juniper Networks, stated that he is coordinating the company's transportation demand management program.

Mayor Walker closed the public hearing at 7:55 p.m.

Vice Mayor Fowler moved, and Councilmember Roberts seconded, the staff recommendation to uphold the Planning Commission adoption of the Mitigated Negative Declaration and approval of the Use Permit application in accordance with recommended Conditions of Approval. The motion carried unanimously.

3.

MOTION
RTC 01-002

2001 Intergovernmental Relations Priorities and Legislative Action Policies

Assistant to the City Manager Rich presented the staff report. He noted that on Page 5 of Attachment A, Item 2.3.10 should include the original language regarding rent control, in addition to the language added (in bold). He also noted that on Page 8 of Attachment A, Item 3.2.8 should read "Support extension or expansion of tax credits for conversion of landfill gas to electricity."

Mayor Walker opened and closed the public hearing at 8:00 p.m.

Councilmember Risch moved, and Councilmember Miller seconded, to approve the Intergovernmental Relations (IGR) priorities as presented in the report and the Legislative Action Policies as noted in the Attachment.

Vice Mayor Fowler requested a friendly amendment to add a new Legislative Action Policy item, which would be Item 11 under 3.1 Environmental Management - Water Resources (Page 7), "Support a cooperative effort between the City of San Francisco and the member agencies of the Bay Area Water Users Association (BAWUA) to accomplish the necessary facility improvements and replacements for the Hetch-Hetchy water distribution and delivery system."

Acting Public Works Director Dettle stated that this would be a good amendment and that it emphasized the cooperative nature of BAWUA working with San Francisco.

The friendly amendment was accepted by the maker and seconder of the motion.

Vice Mayor Fowler requested another friendly amendment to delete Item 20 under 5.G/H Socio Economic - Health and Social Services (page 17), "Oppose promoting the use of caffeine among minors (similar to tobacco or other legal and illegal drugs)."

The friendly amendment was accepted by the maker and seconder of the motion.

The motion as amended carried unanimously.

4.

MOTION
RTC 01-006

City Council Intergovernmental Relations Assignments

Assistant to the City Manager Rich presented the staff report and responded to Council questions.

He read the following revisions to the staff report into the record:

1. Councilmembers Miller and Vorreiter have been appointed to the NLC Women in Municipal Government Board of Directors. These two positions should be added to Alternative #2 (Page 8) for ratification.

2. Councilmember Miller was appointed to the ABAG Executive Board for a term that ends 6/02. This position has not been ratified by Council. This position should be added to Alternative #2 for ratification.

3. On Pages 6 and 8 (under "ratification"), the third from the bottom bullet should read: "Regional Airport Planning Committee (ABAG Alternate)."

4. On Page 8 ("ratification"), the second from the bottom bullet should read: "ABAG Regional Planning Committee."

5. The City Selection Committee will be voting on Councilmember Miller's appointment to the Bay Area Air Quality Management District Board this week. Therefore, it is suggested that Council "pre-ratify" this appointment, as Council is doing for NLC committee appointments. Alternative 3 on Page 8 should be amended to include the Bay Area Air Quality Management District Board of Directors (and any committee assignments).

Mayor Walker opened and closed the public hearing at 8:06 p.m.

Vice Mayor Fowler moved, and Councilmember Roberts seconded, to accept appointments to the following intergovernmental relations positions as follows:

The motion carried unanimously.

Councilmember Miller moved, and Councilmember Risch seconded, to ratify the following intergovernmental assignments not directly appointed by Council:

The motion carried unanimously.

Councilmember Miller moved, and Vice Mayor Fowler seconded, to ratify in advance any additional Council appointments to NLC or LCC committees for 2001 that have not yet been made, including Councilmember Miller's appointment to the Bay Area Air Quality Management District Board of Directors (and any committee assignments).

The motion carried unanimously.

Vice Mayor Fowler moved, and Councilmember Roberts seconded, to reauthorize the Council's Technology Subcommittee and the Council's Moffett Complex Subcommittee, reappoint the current members of each subcommittee, and not continue the Council's Protocol Subcommittee.

The motion carried unanimously.

Vice Mayor Fowler moved, and Councilmember Roberts seconded, to authorize the Mayor to designate an appointee for any of the following committees he does not wish to serve on: City Selection Committee; Military Affairs Committee. Mayor Walker stated that he wished to serve on the City Selection Committee and that Councilmember Vorreiter would serve on the Military Affairs Council. The motion to authorize stated appointments carried unanimously.

CITIZENS TO BE HEARD

Paul Kelly, Cypress Avenue, stated that Cypress between Worley and Fair Oaks has become very busy, and that there were problems with the bus stop at the end of Fair Oaks and Cypress. He stated that some sort of barrier needed to be erected there to protect persons waiting for the bus and that it was a very dangerous situation.

Councilmember Valerio stated that he would bring up the issue with the VTA staff to see what alternatives there are.

Judy Jandrin, Cypress Avenue, stated that the timing of the light at the intersection addressed by Mr. Kelly needed to be increased since very frequently she has witnessed people almost getting hit.

Mayor Walker asked staff to look into the matter and get back to Mr. Kelly and Ms. Jandrin.

NON-AGENDA ITEMS & COMMENTS

COUNCIL

Vice Mayor Fowler commented on the current situation with PG&E and the other utilities, and the pending increases before the Public Utility Commission. He stated that a few years ago Measures K and L were passed which allowed the Council to raise utility tax rates in anticipation of declining revenues because utility deregulation was supposed to make rates go lower . He stated that it would now be prudent to look at our utility tax revenue in light of these recent increases and consider rolling back the change we made a few months ago from 2% to 2.33%, and determine whether the change is appropriate to undertake at this time.

City Manager LaSala stated that he had a meeting with the Finance Director today regarding looking at preparing a recommendation dealing with suspension of the current application of the rate, and staff will be bringing something to Council regarding this issue.

STAFF

City Manager LaSala invited the Council to attend the upcoming Quality of Life Workshops.

ADJOURNMENT

Mayor Walker declared the meeting adjourned to the Redevelopment Agency at
8:23 p.m.

Respectfully submitted,

Linda Kelly
Senior Management Analyst/
Deputy City Clerk

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