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MINUTES
SUNNYVALE CITY COUNCIL
APRIL 24, 2001
The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Study Session regarding Progress Report on Facilities Needs Assessment/Analysis to a 6:30 p.m. Environmental Achievement Awards Ceremony and Reception 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 |
Mayor Walker and Public Works Director Rose presented the Annual Environmental Achievement Awards to those who have taken a leadership role in protecting our environment. He gave special recognition to individuals, organizations and businesses. In the business category the winners were: Amdahl Corporation; De Anza College; Drycal Corporation – Royal Cleaners; Fara’s Hallmark Shop; Maple Tree Inn; Menlo Equities; Resource Area for Teachers (RAFT); The Silicon Valley WAVE; Savory & Sweet, Inc.; and Telesensory. Winners of the adult essay contest: Charles Coston,
Lee Dobyns, Kevin Jackson, Alice Kawash, Arlene Schmidt, Carol Wong. Winners in the youth essay contest: Robert Anderson, Claire Flanegin, Yukti Gangwani, Shaheen Jeeawoody, Sriya Malladi, Natasha Mehta, Kenneth Mendes, Sara Mokhtary, Anthony O’Malley, and Chelsea Ranche.
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PUBLIC ANNOUNCEMENTS |
Lisa Ruiz, Heritage District Neighborhood Association, congratulated the environmental award winners. She stated that the goal of the Heritage District is to improve and protect the environment and invited citizens to their association meeting on Thursday, April 26, 7:30 p.m., at 184 N. Sunnyvale Avenue.
Arley Marley, Sunnyvale Rotary Club, announced the Sunnyvale Family Health & Safety Fair will take place at the Columbia Neighborhood Center, 785 Morse Avenue, on Saturday, April 28, from 11:00 a.m. to 3:00 p.m. Forty-five different departments and agencies will be represented at the event.
Councilmember Roberts made announcements on behalf of the City Council. He announced that there are currently 16 vacancies on ten City Board and Commission committees. Applications should be submitted by 5:00 p.m. on Friday, April 27. More information is available on the city’s web site or by calling 730-7513.
He also encouraged the public to attend the Sunnyvale Family Health & Safety Fair and further announced the "Mow Down Air Pollution" event at Sunnyvale Home Depot on Saturday, April 28, where gas mowers can be replaced with electric mowers at a discount.
CONSENT CALENDAR
Mayor Walker announced a request to pull item 1.D. from the Consent Calendar.
Vice Mayor Fowler moved and Councilmember Miller seconded, approval of the consent calendar with the exception of Item 1.D. The motion carried unanimously.
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1.A. |
Approval of Minutes (April 17, 2001) |
Fiscal Items
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1.B. |
RTC 01-122 |
List of Claims and Bills Approved for Payment by the City Manager (List No. 039) |
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Staff Recommendation: Review the list of bills. |
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1.C. |
RTC 01-118 |
Request for Asset Forfeiture Funding and Budget Modification No. 33 |
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Staff Recommendation: Approve additional Asset Forfeiture funding to secure the rear parking lot of the Public Safety Building through Budget Modification No. 33. |
Contracts
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1.E. |
RTC 01-126 |
Rejection of Bids for SMaRT Station Tipping Floor Concrete Replacement (F0003-62) Staff Recommendation: Reject all bids received in response to Invitation for Bids number F0003-62 and authorize staff to rebid this project late Summer 2001. |
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1.F. |
RTC 01-127 |
Award of Bid for the Replacement of Water Mains and Reconstruction of Street Asphalt at Balsam and Bernal Avenues and Budget Modification No. 34 (F0003-59) Staff Recommendation: Award a contract to Stoloski and Gonzalez, Inc., in an amount not to exceed $402,020 and approve Budget Modification Number 34 as described in this report. |
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1.G. |
RTC 01-132 |
Authorization to Purchase One Cold Milling Machine Using a California Department of Transportation Contract (F0004-75) |
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Staff Recommendation: Authorize the use of a contract initiated by the State of California Department of Transportation with Nixon-Egli Equipment Company of Hayward for the purchase of one cold milling machine at a cost of $137,041. |
Personnel Items
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1.H. |
RESOLUTIONS NOS. 135-01 & 136-01 |
Amendment to the Classification Plan and Salary Resolution: Manager, Bureau of Technical Services Staff Recommendation: Adopt the Resolutions. Resolution No. 135-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE CLASSIFICA-TION PLAN OF THE CIVIL SERVICE BY CREATING THE JOB CLASSIFICATION TITLE OF MANAGER, BUREAU OF TECHNICAL SERVICES AND BY ADDING THE CLASSIFICATION SPECIFICATIONS THEREFOR Resolution No. 136-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING RESOLUTION NO. 159-00, THE CITY'S SALARY RESOLUTION, BY ADDING SALARY CONTROL POINT FOR THE NEW CLASSIFICATION OF MANAGER, BUREAU OF TECHNICAL SERVICES |
Other Items
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1.I. |
ORDINANCE NO. 2661-01 |
Adoption of Ordinance No. 2661-01: Amendments to Chapter 12.04 Sewerage System, Chapter 12.12 Sewer Use Regulations, and Chapter 12.16 Wastewater Charges and Fees in Title 12 of the Sunnyvale Municipal Code Staff Recommendation: Adopt the Ordinance. Ordinance No. 2661-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING CHAPTERS 12.04, 12.12 AND 12.16 OF THE SUNNYVALE MUNICIPAL CODE PERTAINING TO THE SEWERAGE SYSTEM, SEWER USE REGULATIONS AND WASTEWATER CHARGES AND FEES |
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1.D. |
RESOLUTION NO. 134-01 RTC 01-107 |
Establishing Maximum Rates for Taxicab Service within the City of Sunnyvale Staff Recommendation: Adopt the Resolution. Resolution No. 134-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ESTABLISHING MAXIMUM RATES FOR TAXICAB SERVICE WITHIN THE CITY OF SUNNYVALE |
Operations Manager Tannehill presented the staff report. Public Safety Director Bakin was also available to answer questions.
Mayor Walker opened and closed the public hearing at 8:00 p.m.
Councilmember Miller moved, and Vice Mayor Fowler seconded, to adopt a Resolution adjusting the maximum rates for taxicab service, amended to be effective on June 1, 2001 and for staff to advertise the rate increase on Channel 18. The motion carried unanimously.
PUBLIC HEARINGS/GENERAL BUSINESS
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2. |
RTC 01-120 |
Application for Related Proposals for Multiple Properties Totaling 3.5 Acre Site Located at 876, 880, 898, 904 and 916 W. El Camino Real in a C-2 (Highway Business) Zoning District (Negative Declaration) Toyota Sunnyvale (Applicant) Clay Vilas, Grace Su, Harry Sforzini, Allen and Barbara Chadwick (Owners) (Continued to May 8th) |
Mayor Walker opened and closed the public hearing at 8:00 p.m.
Councilmember Vorreiter moved and Councilmember Miller seconded, to continue this item to the City Council meeting of May 8, 2001. The motion carried unanimously.
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3. |
RTC 01-119 |
Application for Related Proposals for a 12,120 Square Foot Site Located at 1264 Poplar Avenue in an R-2 (Low-Medium Density Residential) Zoning District (Negative Declaration) Sui Hwu (Applicant) (Applicant Requests a Continuance to May 8th) |
Mayor Walker opened and closed the public hearing at 8:01p.m.
Councilmember Vorreiter moved and Councilmember Miller seconded, to continue this item to the City Council meeting of May 8, 2001. The motion carried unanimously.
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4. |
RTC 01-121 |
Restructure of Title 19 (Zoning) Phase III of the Sunnyvale Municipal Code (Continued to June 12th) |
Mayor Walker opened and closed the public hearing at 8:02 p.m.
Councilmember Vorreiter moved and Councilmember Miller seconded, to continue this item to the City Council meeting of June 12, 2001. The motion carried unanimously.
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5. |
RESOLUTION NO. 137-01 |
Proposed 2001/2002 Utility Rates |
Revenue Systems Supervisor Kirby presented the staff report and responded to Council questions. Finance Director Bradley and Public Works Director Rose were also available to respond to Council questions.
Mayor Walker opened the public hearing at 8:11p.m.
Werner Gans commended staff for their presentation and asked what water rates are and if recycled water is subsidized.
George Bloom asked if commercial rates applied to apartment complexes.
Mayor Walker closed the public hearing at 8:16 p.m.
Vice Mayor Fowler moved and Councilmember Risch seconded, adoption of resolution establishing water, refuse and sewer rates.
Resolution No. 137-01: 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 2001/2002 AND REPEALING ALL RESOLUTIONS OR PORTIONS THEREOF INCONSISTENT HEREWITH
The motion carried unanimously.
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6. |
RTC 01-125 |
Appeal of a Decision by the Planning Commission Denying a Use Permit to Allow the Construction of an 8,400 Square Foot Building for Auto Repair Located at 771 N. Mathilda Avenue in a M-S/FAR 100% (Industrial Service/Future Site B FAR) Zoning District Jimmy W. Fox (Applicant) R&S Properties, Inc. (Owner) |
Planning Officer Ryan presented the staff report. Community Development Director Paternoster was also available to answer questions.
Mayor Walker opened the public hearing at 8:33 p.m.
Owen Byrd, representing R&S Properties, Inc., requested Council grant the use permit and allow the project to proceed. He commented that the report states "the project represents a significant improvement over the previous use and both landscaping and building design are improved by the proposal." He stated that the property owners have no interest in developing an office building at this location, the lot size is not appropriate for a large development, and adjacent properties are not for sale. He addressed the four Planning Commission concerns: 1) pedestrian access – site is functional; 2) bicycle parking – accept as a condition of approval; 3) solar access on Bold Knight property – height does not present a solar access issue; 4) use compatibility with the Futures Study – auto service business will not conflict with the implementation of the Futures Study because the surrounding properties will not be redeveloped within the economic life of the building. He also stated that the project is desirable and Applicant is willing to accept conditions of approval.
Pete Richards stated there is a need for automotive repair services in this area.
Werner Gans stated that the business should be able to expand, there is a shortage of automotive repair services, location is good, property upgrading is pleasing, feels there are no gateway quality buildings currently located on Mathilda Avenue, and urged Council approval.
Iris Van Nelson stated that expansion to the back of the property and landscaping the front is a good idea, buildings currently in the area are not gateway quality, need to keep the existing businesses, prefers automotive repair at the location and urged Council approval of the project.
Mayor Walker closed the public hearing at 8:55 p.m.
Councilmember Miller moved and Councilmember Vorreiter seconded, to adopt the Negative Declaration and approve the Use Permit with the Conditions of Approval found in Attachment 2.
The motion carried by the following roll call vote:
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Ayes: |
Valerio, Vorreiter, Fowler, Walker, Roberts, Miller |
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7. |
RTC 01-130 |
Quality of Life Initiative - Final Report |
Assistant City Manager Chan presented the staff report.
Mayor Walker opened the public hearing at 9:27 p.m.
Raymond Pole complimented the Mayor and City staff for the report. He was pleased to have been invited to participate in the second task force on Quality of Life issues. He stated that there are 529 volunteers engaged in City work. Of the responses to the survey 320 were from local internet users compared to 56 people who attended three open houses. He questioned if a full description was presented on the web site calling for responses or if only a short form was used. Since the total response was less than 1% of the population, it must be truly representative that all the responses come from understanding of the issues – make sure the public has all the information needed to vote. He asked that Council direct City staff to correlate the existing indicators and expand where necessary the relevant measure for each of the subject categories and then proceed to obtain the data that is already existing either from the City sources or from non-City sources as listed on Attachment B.
Micki Falk stated that the needs of the growing senior citizen population are not addressed in the report and feels that addressing diverse and cultural opportunities and a multi-cultural environment causes segregation.
Werner Gans commented on the following in Attachment A of the report: Requested changing Item 1. "Maintain public perception of safety" to "Maintain a Safe Community"; Item 3. Add a item to read "Meet or Exceed Federal Government Clean Air Standards"; "Maintain current ratio of acres of open space per capita as future development occurs" not sure how staff will measure when open is fixed and population is increasing; Item 4. - impressed with public transportation on-time service percentages and change "Improve public perception of traffic safety in the City" to "Improve traffic safety in the City"; Item 7. "Provide a supportive, business-friendly environment", measure should include public as well as businesses. He further stated that the public participation was not high, therefore, not much City effort and time should be spent on the report.
Thom Mayer suggested the following modifications; Item 3. A Healthy, Sustainable Environment" – lacks a clean air item; would like to see an indicator to "Reduce the percentage of single occupancy vehicles and increase the percentage of other modes"; Item 4. add a indicator to measure the number of bicyclist and pedestrians; add a measure for Sunnyvale transit miles per week; Item 6. Community Pride and Involvement – count the number of people attending neighborhood/homeowner association meetings on an annual basis; Item 8. supports the Measure for - Number of City employees holding multi-lingual certification. Would like to have a measure for the locational conveniences of services and retail.
Mayor Walker closed the public hearing at 10:09 p.m.
Councilmember Roberts moved and Vice Mayor Fowler seconded, Alternative 3 to Use the information in Attachment A as noted in the report with the clarification to staff requesting all measures be reported annually on "report card," and that it also include financial data; Alternative 1, Adopt the Quality of Life priorities, goals and measures as noted in Attachment A and for staff to rework the following additions and changes and return to Council with a final list:
3. A Healthy, Sustainable Environment
Re-instate:
Educate residents on preventing air pollution.
Add:
Measure: Number of days per year the air exceeds ozone and particulate matter standards.
Change:
Measure: Number of Environmental Achievement Awards presented annually.
To:
Measure: Satisfaction Rating of the City’s environmental programs.
5. Quality, Diverse, Affordable Housing
Measure: Percent of house that are affordable for households with median income.
Clarify measure to include apartments.
7. Diverse and Growing Economy
Change:
Measure: Satisfaction rating with City-provided services
To:
Measure: The percentage of businesses which rate the City as business friendly.
Vice Mayor Fowler offered a friendly amendment to add the following two items:
Add:
Measure: Pedestrian Activity
4. Efficient, Safety Transportation Systems:
Add:
Measure: Bus frequency and volume.
The amendments were accepted by the maker of the motion.
Mayor Walker offered a friendly amendment to add additional measures of "livability" similar to those noted under the Non-City Measures of Item 3 in Attachment B and including cost of living, average household income, and the convenience factor of services to residents.
The amendments were accepted by the maker and the seconder of the motion.
The motion carried unanimously.
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8. |
RTC 01-129 |
Waiver of Filing Fee for a Single-Story Combining District Rezoning Application |
Planning Officer Ryan presented the staff report. Community Development Paternoster was also available to answer questions.
Mayor Walker opened the public hearing at 10:40 p.m.
Wilma Anderson stated that if she had not lived here for 32 years she could not afford to live here. She also stated that fees for the single-story overlay were not previously discussed with the residents and it is the obligation of the City to inform them of fees.
Lou Werts stated he collected signatures from his neighbors for the petition and in previous discussions lower level type fees were mentioned but not of this large amount and is concerned with the possibility of additional unknown fees. He further stated that this is a standard rezone not requiring major changes and that the environmental is not being impacted.
Bill Calahan stated he has no problem paying the fee but other homeowners are retired and on a limited income and it may be difficult for them to pay.
Christina Erland read a letter from neighborhood resident Mary Hayes stating that the high fees were never discussed with the residents, she is facing higher utility bills due to the lack of natural light, and has had to invest in new landscaping. Ms. Erland requested that Council take on the rezone for this area as a pilot program to establish criteria for future neighborhood rezones and urged Council to waive the rezone fees.
Werner Gans stated that he regards the single-story overlay as an exercise in neighborhood preservation and does not understand why studies are necessary to keep things the way they are. He prefers no fees but if necessary should be per property.
Mayor Walker closed the public hearing at 11:10 p.m.
Vice Mayor Fowler moved and Councilmember Miller seconded, to determine that the zoning action in the subject neighborhood is of community-wide interest and initiate the rezone application.
Councilmember Miller requested a friendly amendment that this action be on a one time pilot basis and non-precedent setting.
The friendly amendment was accepted by the maker of the motion.
The motion failed by the following roll call vote:
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Ayes: |
Fowler, Walker, Miller |
Coucilmember Miller moved to establish a reduced fee and direct staff to amend the fee resolution accordingly. The motion died for lack of a second.
Councilmember Risch moved and Councilmember Valerio seconded, to deny the fee waiver request.
The motion carried by the following roll call vote:
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Ayes: |
Valerio, Vorreiter, Roberts, Risch |
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9. |
ORDINANCE |
Award of Taxicab Franchise to West Valley Cab Company |
Operations Manager Tannehill presented the staff report.
Mayor Walker opened and closed the public hearing at 11:28 p.m.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AWARDING NONEXCLUSIVE FRANCHISE TO BARBIR SINGH DOING BUSINESS AS WEST VALLEY CAB COMPANY
Vice Mayor Fowler moved and Councilmember Miller seconded, first reading of the ordinance, and authorize the City Manager to execute necessary documents of agreement.
The motion carried unanimously.
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10. |
RTC 01-123 |
Appeal of the Planning Commission Agenda of April 9, 2001 and the Administrative Hearing Agenda of April 11, 2001 |
No action was taken.
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11. |
RTC 01-124 |
Pre-Appeal of the Administrative Hearing Agenda of May 2, 2001 |
No action was taken.
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CITIZENS TO BE HEARD |
George Bull, Co-chair of the Business and Legal Committees of the Heritage District Neighborhood Association, stated he is pleased that the City recognizes people who contribute to improving the environment. He is concerned about the effects to the neighborhood and the downtown area by a recently approved crematory. He encouraged support to repeal the decision and for more information or questions, the neighborhood association can be reached at 732-2638.
Werner Gans suggested that procedures for single-story overlays be established.
Clare Butler, representing her downtown neighbors, stated they are studying environmental health effects of a crematory.
NON-AGENDA ITEMS & COMMENTS
COUNCIL
There were no comments from Council.
STAFF
There were no comments from Staff.
ADJOURNMENT
Mayor Walker declared the meeting adjourned at 11:45 p.m.
Respectfully submitted,
Rosemary V. Staal
Sr. Office Assistant/
City Clerk’s Office
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