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MINUTES
SUNNYVALE CITY COUNCIL
MARCH 27, 2001
The City Council of the City of Sunnyvale adjourned from a 4:30 p.m. Study Session regarding Energy Outlook for the City of Sunnyvale and a 6:00 p.m. Joint Meeting with Fremont Union High School District and 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
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PRESENT: |
Mayor Jack Walker |
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ABSENT: |
None |
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STAFF PRESENT: |
Robert S. LaSala, City Manager |
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PUBLIC ANNOUNCEMENTS |
Councilmember Miller made announcements on behalf of the Council. She announced that Thursday, March 29th is the deadline for submitting nominations for Distinguished Citizen of the Year, Outstanding Business Person of the Year, Community Volunteer of the Year, and Outstanding High School Senior. Nomination forms are available on the City’s website or the Community Relations office at 730-7535. Winners will be presented by the Mayor at his annual State of the City celebration on May 12 from 12:00 noon to 3:00 p.m. at the Sunnyvale Community Center.
Councilmember Miller further reminded citizens of the availability of public access programming on cable Channel 60. During the 12-month pilot phase, a variety of programming is available including "Toastmaster on Television", a series promoting understanding, awareness, and self-esteem of the physically challenged.
Councilmember Miller recognized the work of Parks and Recreation Director Walker,
Julie Oliver, and Parks & Recreation staff for their efforts working with Lockheed Martin on extending the Sunnyvale portion of the San Francisco Bay Trail.CONSENT CALENDAR
Vice Mayor Fowler moved, and Councilmember Miller seconded, approval of the consent calendar. The motion carried unanimously.
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1.A. |
Approval of Minutes (March 20, 2001) |
Fiscal Items
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1.B. |
RTC 01-091 |
List of Claims and Bills Approved for Payment by the City Manager (List No. 035) Staff Recommendation: Review the list of bills. |
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1.C. |
RTC 01-085 |
Application for Reimbursement through the Bulletproof Vest Partnership Program Staff Recommendation: Approve request to apply for reimbursement. |
Other Items
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1.D. |
ORDINANCE |
Adoption of Ordinance No. 2656-01: Award of Taxicab Franchise to Net Cab.com Staff Recommendation: Adopt the ordinance. Ordinance No. 2656-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AWARDING NONEXCLUSIVE FRANCHISE TO GURBINDER SINGH AND RAJBIR SINGH DOING BUSINESS AS NET CAB.COM |
The ordinance was adopted by the following roll call vote:
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AYES: NOES: |
Valerio, Vorreiter, Fowler, Walker, Roberts, Miller, Risch |
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1.E. |
ORDINANCE |
Adoption of Ordinance No. 2657-01: Rezone of Property Located at 801-811 Eleventh Avenue from M-3 (General Industrial) Zoning District to M-3/PD (General Industrial/Planned Development) Zoning District Staff Recommendation: Adopt the ordinance. Ordinance No. 2657-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE PRECISE ZONING PLAN, ZONING DISTRICTS MAP, TO REZONE CERTAIN PROPERTY LOCATED AT 801-811 ELEVENTH AVENUE FROM M-3 (GENERAL INDUSTRIAL) DISTRICT TO M-3/PD (GENERAL INDUSTRIAL/PLANNED DEVELOPMENT) DISTRICT |
The ordinance was adopted by the following roll call vote:
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AYES: NOES: |
Valerio, Vorreiter, Fowler, Walker, Roberts, Miller, Risch |
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1.F. |
RTC 01-082 |
Orchard Heritage Park Interpretive Exhibit - Dedication Plaque and Credit Panel Staff Recommendation: Accept the recommended Dedication Plaque for OHPIE as depicted in Attachment No. 2 and accept the recommended Credit Panel for OHPIE as depicted in Attachment No. 3. |
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1.G. |
RESOLUTION NO. 126-01 |
Endorsing the Interim Water Shortage Allocation Plan with the San Francisco Public Utility Commission (SFPUC) and the Bay Area Water User Association (BAWUA) Staff Recommendation: Adopt the resolution. Resolution No. 126–01: A RESOLUTION OF THE CITY OF SUNNYVALE APPROVING INTERIM WATER SHORTAGE ALLOCATION PLAN PURSUANT TO SECTION 7.03(a) OF THE MASTER CONTRACT WITH SAN FRANCISCO |
PUBLIC HEARINGS/GENERAL BUSINESS
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2. |
ORDINANCE |
Application for Related Proposals on a 9,200 square foot site located at 347 Beemer Avenue in an R-2 (Low-Medium Density Residential) Zoning District Daryl Fazekas (Applicant) a) Introduction Of Ordinance: Rezone from R-2 (Low-Medium Density Residential) to R-2/PD (Low-Medium Density Residential/ Planned Development) Zoning Districtb) Approve Special Development Permit to allow demolition of an existing single family house and construction of two new single family housesc) Approve Tentative Map to allow subdivision of one parcel into two parcels |
Associate Planner Ordonez presented the staff report.
Mayor Walker opened the public hearing at 7:42 p.m.
Mario Castro, adjacent property neighbor, stated that he welcomes the project but feels that the garage is too close to the fence and asked for an additional one foot setback from the fence. He also stated that he complied with all setback requirements for construction on his property.
Gloria Pagan spoke in support of Mr. Castro and stated she feels the garage is too close to the fence.
Grace Keng, property owner, stated that the project will not cause a strong impact on the neighbor, that she is building a beautiful home that will enhance the neighborhood and will not cause shadowing onto the neighbor’s home. Two previous projects passed by Council had a zero variance and she urged Council to approve her project.
Mayor Walker closed the public hearing at 7:54 p.m.
Vice Mayor Fowler moved and Councilmember Risch seconded, introduction and first reading of the ordinance, adoption of the Negative Declaration, approve the Rezone, and uphold the Planning Commission’s approval of the Special Development Permit and Tentative Map in accordance with conditions.
Mayor Walker offered a friendly amendment to increase the setback to two feet.
The amendment was accepted by the maker and the seconder of the motion.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE PRECISE ZONING PLAN, ZONING DISTRICTS MAP, TO REZONE CERTAIN PROPERTY LOCATED AT 347 BEEMER AVENUE FROM R-2 (LOW-MEDIUM DENSITY RESIDENTIAL) DISTRICT TO R-2/PD (LOW-MEDIUM DENSITY/PLANNED DEVELOPMENT) DISTRICT
The motion carried by the following roll call vote:
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AYES: |
Fowler, Walker, Miller, Risch |
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3. |
RTC 01-087 |
Wastewater Rate Study and Financing Plan |
Environmental Division Manager Gervin presented the staff report. Public Works Director Rose and consultants from Bartle Wells Associates were also available to answer questions.
Mayor Walker opened and closed the public hearing at 8:28 p.m.
Vice Mayor Fowler moved and Councilmember Roberts seconded, to accept the results of the Wastewater Rate Study and Financing Plan and direct staff to implement the recommendations of the study. The motion carried unanimously.
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4. |
RTC 01-093 |
Amendments to the Public Improvements Acquisition and Development Agreement and the Direct Pay Agreement Regarding Construction of the Penney’s Parking Structure at the Town Center Mall |
Finance Director Bradley presented the staff report. Paul Rosensthal of E.J. De La Rosa & Co. was also available to answer questions. Director Bradley distributed revised pages of the First Amendment to Public Improvements Acquisition and Development Agreement to Council and staff.
Mayor Walker opened and closed the public hearing at 8:30 p.m.
Vice Mayor Fowler moved and Councilmember Risch seconded, to approve the amendments to the Direct Pay Agreement and authorize the City Manager to execute the amendment and take such other action as are necessary to implement the amendments. The motion carried unanimously.
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5. |
ORDINANCE |
Adoption of Ordinance No. 2658-01: Amendments to Sunnyvale Municipal Code Chapter 9.38 and Chapter 9.40 and Related to Adult Businesses |
Councilmember Miller moved and Councilmember Roberts seconded, adoption of the ordinance.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING CHAPTER 9.38 "UNLAWFUL EXPOSURE OF PRIVATE PARTS OR FEMALE BREASTS" AND RETITLING AND AMENDING CHAPTER 9.40, "ADULT ENTERTAINMENT ESTABLISHMENTS – LICENSES," TO CHAPTER 9.40, "ADULT BUSINESSES"
The motion carried by the following roll call vote:
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AYES: |
Valerio, Vorreiter, Walker, Roberts, Miller, Risch |
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6. |
MOTION |
Appeal of the Planning Commission Agenda of March 12, 2001 and the Administrative Hearing Agenda of March 14, 2001 |
Councilmember Miller requested an appeal of Item A.1 of the Planning Commission Agenda.
Mayor Walker at this time requested that Information Only item - Response to City Council Inquiries Regarding Wolfe Road/El Camino Real Widening Project (RTC 01-089) be moved up for discussion.
Santa Clara Valley Transportation Authority staff Mike Evanhoe, Director of Congestion Management and Highway Programs, and Caroline Gonot, Manager of the Congestion Management Program, were present to respond to Council questions regarding the Wolfe Road/El Camino Real widening project. Public Works Director Rose was also present to answer questions.
CITIZENS TO BE HEARD
Randy Middleton, a resident of Casa De Amigos Mobile Home Park, stated that he and his wife are confined to a wheelchair and walker and requested assistance with a Home Access Grant. His son, Jim Middleton, also spoke on behalf of his father. He presented Council with a letter from staff denying grant funds to his parents and asked for an expansion to the Home Access Grant Program. He also stated that lifts are currently installed at various residences and are not being utilized.
City Manager LaSala stated that he believes the guidelines for home access grants were set by the Federal Department of Housing and Urban Development, but would ask the Director of Community Development to review their request and criteria to determine if there was any way to assist him.
Councilmember Roberts suggested staff investigate locations where lifts are currently installed but no longer being used and the possibility of relocating them to a needed location.
Werner Gans stated that the apartment project in Cupertino at Pruneridge and Wolfe adds congestion to the Wolfe Road/El Camino intersection, and to factor in open land on the corner of Wolfe and El Camino that may be developed in the future.
NON-AGENDA ITEMS & COMMENTS
COUNCIL
Councilmember Miller commented on the SC[i]3 information only report on the agenda and stated that Council visited the Patent and Trade Ofice in Washington D.C. She requested a status of letters sent to the patent office. City Manager LaSala responded that letters had not yet been sent.
Councilmember Miller provided information on robotic parking currently being used in San Luis Obispo and asked about comparison figures in cost per parking space.
STAFF
City Manager LaSala requested a Closed Session on Tuesday, April 3 at 5:30 p.m. to discuss labor negotiations.
ADJOURNMENT
Mayor Walker declared the meeting adjourned to the Redevelopment Agency at 9:44 p.m.
Respectfully submitted,
Rosemary V. Staal
Sr. Office Assistant/
City Clerk’s Office
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