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Sunnyvale City Council Meeting Minutes - 6/4/02

SUNNYVALE CITY COUNCIL
JUNE 4, 2002

The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Closed Session regarding Labor Relations SEIU/SEA and Litigation: Hollinger vs City (WCAB SJO 0217698) and Gaxiola vs City (WCAB SJO 0220832), and a 6:30 Study Session regarding the Downtown Plaza, and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:30 p.m., with Mayor Fowler presiding.

SALUTE TO THE FLAG

Mayor Fowler led the salute to the flag.

ROLL CALL

PRESENT:

Mayor Frederik M. Fowler
Vice Mayor Julia Miller
Councilmember Manuel Valerio
Councilmember Pat Vorreiter
Councilmember Jack Walker
Councilmember Tim Risch
Councilmember John Howe

STAFF PRESENT:

Robert S. LaSala, City Manager
Valerie J. Armento, City Attorney
Amy Chan, Assistant City Manager
Charles J. Schwabe, Deputy City Manager
Robert Paternoster, Community Development Director
Robert Walker, Parks and Recreation Director
Mark Gregersen, Human Resources Director
Victoria Johnson, Director of Libraries
Ernie Bakin, Director of Public Safety
Marvin Rose, Public Works Director
Mary Bradley, Finance Director
Grace Kim, Finance Manager
Annabel Yurutucu, Housing Officer
Trudi Ryan, Planning Officer
Erin Walters, Associate Planner
Susan Kitchens, City Clerk

PUBLIC ANNOUNCEMENTS

 

Deborah Olson announced that the Third Annual Cherry Festival would be held on Saturday, June 8, from 9:30 a.m. to 5:00 p.m., at the Olson Cherry Stand. This will coincide with the grand opening and ribbon-cutting of A.G. Ferrari Foods.

Holly Lofgren announced the grand opening of the 50-meter swimming pool at Fremont High School to be held poolside on June 26, 2002 at 5:00 p.m.

Diana Argabrite announced the 10-Year Anniversary of the Euphrat After-School Art Program. The Euphrat Museum offers free art classes for students. Artwork will be on display at the Sunnyvale Creative Arts Gallery at the Sunnyvale Community Center until July.

Councilmember Walker made the following announcement:

During the month of June, the City of Sunnyvale will be conducting a Resident Opinion and Satisfaction Survey to obtain feedback from residents that will help guide the City in providing high quality services. Households will be randomly selected to participate in the survey on a variety of topics relevant to the quality of life in Sunnyvale, such as traffic, housing, and public safety. Surveys are being sent this week. If you receive one, please respond by telephone, over the web or by mail. The deadline to submit the completed survey is June 30th.

Results of the survey will be made public in the fall. For more information, please contact the Deputy City Manager at 730-7524.

Mayor Fowler announced that the John W. Christian Greenbelt would be dedicated on June 10, 2002, at 12:00 noon at the intersection of Greenbelt and Meadowlake Drive in Lakewood Village. He invited the public to attend and celebrate a special achievement.

Vice Mayor Miller announced that group tours are being offered of the Orchard Heritage Park Interpretive Exhibit (OHPIE). For more information, contact the Sunnyvale Historic Society at 408-749-0220 or Liz Simore 736-5071. The display is located behind the Community Center at 555 Remington Drive. She also announced that due to the recent warm weather, tomorrow has been designated as a "Spare the Air Day." Please carpool and try to conserve in any way you can.

Vice Mayor Miller also announced that in the Closed Session this evening settlement authorization was granted for pending litigation: Hollinger vs City of Sunnyvale, WCAB SJO 0217698, and Gaxiola vs City of Sunnyvale WCAB SJO 0220832, pending final agreement of claimants and the Workers' Compensation Appeals Board. On the matter regarding Labor Relations SEIU/SEA, no action was taken nor direction given.

CONSENT CALENDAR

Thom Mayer, a member of the public, requested items 1.H. and 1.K . be pulled for discussion.

Several members of the public requested item 1.G. pulled for discussion.

Vice Mayor Miller moved, and Councilmember Howe seconded, approval of the consent calendar with the exception of items 1.G., 1.H. and 1.K. The motion carried unanimously.

1.A.

 

Approval of Draft Minutes (May 14, 2002 and May 21, 2002)

Fiscal Items

1.B.

RTC 02-207

Lists of Claims and Bills Approved for Payment by the City Manager (No. 095 and No. 096)

Staff Recommendation: Approve the list of bills.

1.C.

RTC 02-212

Department of Public Safety Funding Adjustments for Asset Forfeiture, California Law Enforcement Equipment Program (CLEEP), General Fund and Budget Modification No. 31.

Staff Recommendation: Approve Budget Modification No. 31 to appropriate $117,297 in CLEEP funds for specialized Public Safety equipment.

1.D.

RTC 02-159

Authorization to Spend State Public Library Fund Grant Moneys and Budget Modification No. 27

Staff Recommendation: Approve the expenditure of funds as presented and approve Budget Modification No. 27 in the amount of $203,975.

Personnel Items

1.E.

RESOLUTIONS
NO. 137-02
NO. 138-02
RTC 02-203

Amendments to the Classification Plan and Salary Resolution: Golf Services Assistant

Staff Recommendation: Approve the amendments to include the new classifications in the City's Classification Plan and Salary Resolution.

RESOLUTION NO. 137-02: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE CLASSIFICATION PLAN OF THE CIVIL SERVICE BY CREATING THE JOB CLASSIFICATION TITLE OF GOLF SERVICES ASSISTANT AND BY ADDING THE CLASSIFICATION SPECIFICATIONS THEREFOR

RESOLUTION NO. 138-02: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING RESOLUTION NO. 158-01, THE CITY'S SALARY RESOLUTION, BY ADDING A PAY SCHEDULE FOR THE NEW CLASSIFICATION TITLE OF GOLD SERVICE ASSISTANT

1.F.

RESOLUTIONS
NO. 139-02
NO. 140-02
RTC 02-210

Amendment to the Classification Plan and Salary Resolution: Business Liaison, Career Advisor, Senior Workforce Services Representative, Workforce Services Representative, Workforce Development Analyst

Staff Recommendation: Approve inclusion of the new classifications into the City's Classification Plan and Salary Resolution.

RESOLUTION NO. 139-02: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE CLASSIFICATION PLAN OF THE CIVIL SERVICE BY CREATING THE JOB CLASSIFICATION TITLES OF BUSINESS LIAISON, SENIOR WORKFORCE SERVICES REPRESENTATIVE, AND WORKFORCE SERVICES REPRESENTATIVE, AND BY ADDING CLASSIFICATION SPECIFICATIONS THEREFOR, AND BY REPLACING THE JOB CLASSIFICATION TITLE OF EMPLOYMENT DEVELOPMENT AIDE WITH THE NEW JOB CLASSIFICATION TITLE OF CAREER ADVISOR

RESOLUTION NO. 140-02: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING RESOLUTION NO. 158-01, THE CITY'S SALARY RESOLUTION, BY ADDING A PAY SCHEDULE FOR THE NEW CLASSIFICATION TITLES OF BUSINESS LIAISON, SENIOR WORKFORCE SERVICES REPRESENTATIVE, AND WORKFORCE SERVICES RESPRESENTATIVE, AND BY REVISING THE PAY SCHEDULES FOR WORKFORCE DEVELOPMENT ANALYST

Contracts:

1.G.

RTC 02-2CA

Extension of Outside Counsel Agreement for Downtown Redevelopment Matters

City Attorney Armento presented a brief staff report. She noted that this is for Counsel who specializes in Redevelopment Agency Law.

Mayor Fowler opened the Public Hearing at 7:41 p.m.

Andy Maloney, a member of the public, requested a Town Hall Meeting be held for open discussion on Redevelopment matters that affect spending tax dollars.

Thomas Carrig, a member of the public, read a letter in which he advocated disbanding the Redevelopment Agency.

Cynthia Johnson, a member of the public, expressed concerns over the City exercising eminent domain powers.

Mayor Fowler closed the Public Hearing at 7:56 p.m.

Councilmember Vorreiter moved, and Councilmember Risch seconded, approval of an extension of the agreement with Goldfarb & Lipman for Lee C. Rosenthal's services in an amount not to exceed $85,000. The motion carried unanimously.

Other Items:

1.H.

MOTION
RTC 02-209

Proposed Program Outcome Statements, Program Outcome Measures, and Weighting for Restructured Programs Managed by the Community Development Department

Charles Schwabe, Deputy City Manager, presented the staff report and clarified the Outcome Measures. He noted that a pilot project would be done in a targeted area regardless of the outcome of the survey to reduce code violations. 

Mayor Fowler opened the Public Hearing at 8:04 p.m. 

Thom Mayer, a member of the public, wants the focus to be on cleaning up blighted neighborhoods. He further thinks that 100% of the districts should achieve a minimum 70% approval rating. 

Mayor Fowler closed the Public Hearing at 8:15 p.m. 

Councilmember Risch moved, and Councilmember Walker seconded, approval of the proposed program outcome statements, outcome measures, and weighting with amendment that 80% of the City's Citizen Opinion Survey respondents state that code enforcement issues are not a serious problem in their neighborhoods for 80% of the neighborhood service areas and to survey district one and target district two. 

Vice Mayor Miller offered a friendly amendment to include all the districts in the survey.  The amendment was not accepted. 

Councilmember Howe offered a friendly amendment to state 80% of all but one district in number 2 of the Neighborhood Preservation Proposed Outcome Measures. The amendment was accepted. 

Councilmember Howe offered a friendly amendment to raise the weight on the measure from 4 to 5. The amendment was not accepted. 

Motion by Councilmember Howe and seconded by Vice Mayor Miller to raise the weight on the measure to 5. The motion failed on a split vote with Councilmembers Risch, Valerio, Vorreiter and Walker dissenting. 

Mayor Fowler offered a friendly amendment that 70% of the City's Citizen Opinion Survey respondents state that code enforcement issues are not a serious problem in their neighborhoods. The amendment was not accepted. 

Mayor Fowler offered a second friendly amendment that survey results indicate that 80% of properties meet community standards for property maintenance. The amendment was not accepted. 

Motion by Mayor Fowler, and seconded by Vice Mayor Miller that 70% of the City's Citizen Opinion Survey respondents state that code enforcement issues are not a serious problem in their neighborhoods and that survey results indicate that 80% of properties meet community standards for property maintenance. The motion failed on a split vote with Councilmembers Risch, Valerio, Vorreiter and Walker dissenting. 

The original motion carried with Mayor Fowler dissenting.

1.I.

RESOLUTION
NO. 141-02
RTC 02-189

Destruction of Public Safety Records

Staff Recommendation: Adopt the resolution for destruction of specified public records.

RESOLUTION NO. 141-02: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE APPROVING DESTRUCTION OF CERTAIN RECORDS (DEPARTMENT OF PUBLIC SAFETY)

1.J.

RESOLUTION
NO. 142-02
RTC 02-205

Authorization for Certain Individuals to Execute Documents for Financial Assistance for Disaster Relief

Staff Recommendation: Rescind Resolution No. 120-01 and approve the proposed resolution designating the appropriate staff signatories to apply for financial assistance following a disaster.

RESOLUTION NO. 142-02: : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AUTHORIZING CERTAIN NAMED INDIVIDUALS TO EXECUTE DOCUMENTS FOR FINANCIAL ASSISTANCE IN THE EVENT OF A DISASTER

1.K.

RTC 02-190

Exception to Loan Limits of Substantial Rehabilitation Projects Funded with Community Development Block Grant (CDBG) Funds

Annabel Yurutucu, Housing Officer, presented the staff report.

Mayor Fowler opened the Public Hearing at 8:39 p.m.

Thom Mayer, a member of the public, advocated that the program focus on smaller projects to serve more people.

Mayor Fowler closed the Public Hearing at 8:41 p.m.

Motion by Councilmember Valerio, and seconded by Councilmember Walker to authorize the Director of Community Development to approve rehabilitation loans of up to 30% above established loan limits (using the proposed criteria) for "high cost" exception projects with costs that exceed loan limits. The motion carried unanimously.

1.L.

RESOLUTION
NO. 143-02
RTC 02-216

Acceptance of Improvements - Library AC-1 Supply Fan Replacement

Staff Recommendation: Accept, by resolution, the project as complete and satisfactory.

RESOLUTION NO. 143-02: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ACCEPTING AS COMPLETED WORK FOR THE LIBRARY AC-1 SUPPLY FAN REPLACEMENT (PR-95-13 (E)), AUTHORIZING FINAL PAYMENT AND DIRECTING CITY CLERK TO FILE NOTICE OF COMPLETION

PUBLIC HEARINGS/GENERAL BUSINESS

2.

RTC 02-208

Public Hearing - FY 2002/2003 Budget and Resource Allocation Plan, Establishment of Appropriation Limitation and Proposed Fee Increases

Grace Kim, Finance Manager, presented the staff report. She announced that the City is required to conduct a Public Hearing to give the citizens an opportunity to provide input to the Council prior to adoption of the budget. She summarized the budget for operating expenditures which is approximately $178 million, the equipment budget is approximately $30 million, and Debt Service totals are approximately $7 million. Details of the revenues and expenditures are contained in the recommended 2002/2003 Budget and Resource Allocation Plan.

Marvin Rose, Director of Public Works, clarified that Cupertino is in complete agreement with the analysis of the budget allocation for the Mary Avenue Bicycle and Pedestrian Bridge.

Vice Mayor Miller noted that the City of Sunnyvale is applying for TFCA funds and will submit the application by the June 23, 2002 deadline.

Mayor Fowler opened the Public Hearing at 8:48 p.m.

Holly Lofgren, a member of the public, expressed concerns about the public being able to use the Fremont pool due to the rate structure. She requested that the City allocate more money for program fee waivers.

Nancy Tivol, a member of the public, supports increased spending on fee waivers.

Bea Lopez, representing Social Advocates for Youth, thanked the Council for the second year of funding considerations. She lauded the Council for being a leader in the area for a two-year funding commitment.

Elaine Curran, President of Junior Achievement of Santa Clara County, requested continued funding in the amount of $10,000 for next year.

Mayor Fowler closed the Public Hearing at 9:04 p.m.

Motion by Councilmember Vorreiter, seconded by Councilmember Walker, to include in the City's budget $4,000 to be distributed to the Cupertino Community Service to be earmarked to the Rotating Shelters. Staff directed to identify a source of funds and to review the process by which homeless shelters identify residency to help set up better procedures to measure their goals.

The motion carried unanimously.

Motion by Councilmember Howe, and seconded by Councilmember Valerio to increase Fremont Pool subsidies for youth. After discussion the motion was tabled to June 18, 2002.

Motion by Councilmember Valerio, seconded by Councilmember Vorreiter to include $10,000 in the budget to be allocated to Junior Achievement of Santa Clara County.

Friendly amendment by Mayor Fowler to continue the funding to be structured as a matching grant. The amendment was accepted.

The motion carried unanimously.

Vice Mayor Miller noted that additional funding would be allocated for Council travel.

Motion by Mayor Fowler, and seconded by Councilmember Valerio, to incorporate funding for the Wildwood intersection as recommended from the three identified funding sources. The motion carried unanimously.

Motion by Vice Mayor Miller, and seconded by Councilmember Howe, to increase funding to Leadership Sunnyvale from $5,000 to $10,000 on a matching grant basis. The motion failed on a split vote with Councilmembers Valerio, Vorreiter, Walker and Risch dissenting.

3.

ORDINANCE
NO. 2695-02
RTC 02-198

Award of Taxicab Franchise to Santa Clara Cab

Ernie Bakin, Director of Public Safety, presented a brief staff report for the three taxicab franchise agreements.

Motion by Vice Mayor Miller, and seconded by Councilmember Walker to introduce the ordinance and authorize the City Manager to execute the agreement. The motion carried unanimously.

4.

ORDINANCE
NO. 2696-02
RTC 02-199

Award of Taxicab Franchise to Silicon Valley Checker Cab Company

Motion by Vice Mayor Miller, and seconded by Councilmember Walker to introduce the ordinance and authorize the City Manager to execute the agreement. The motion carried unanimously.

5.

ORDINANCE
NO. 2697-02
RTC 02-200

Award of Taxicab Franchise to Yellow Cab Co. Peninsula, Inc.

Motion by Vice Mayor Miller, and seconded by Councilmember Valerio to introduce the ordinance and authorize the City Manager to execute the agreement. The motion carried unanimously.

Vice Mayor Miller suggested, in keeping with Sunnyvale's excellent customer service, that the Department of Public Safety notify the taxicab franchise agreement holders 60 days in advance of the expiration of their franchise agreements.

Director Bakin stated that the department will follow that direction.

6.

RTC 02-214

Downtown Plaza Conceptual Design

Trudi Ryan, Planning Officer, presented a detailed staff report that included the background of the Downtown Specific Plan that identified the specific site for a downtown plaza. The report also included discussion of the History, the Conceptual Design Features and Budget, Plaza Size, and the Design and Construction Schedule.

Robert Paternoster, Community Development Director, and Ms. Ryan responded to questions posed by Council regarding parking availability, plaza enhancements, the schedule and further actions that may be required by Council.

Mayor Fowler opened the Public Hearing at 10:12 p.m.

Andy Maloney, a member of the public, would like for Sunnyvale to have a great plaza but thinks that this plan falls short of that goal.

Thomas Carrig, a member of the public, offered suggested changes to the plaza that would provide a friendlier environment with more green space.

Werner Gans, a member of the public, stated that it is more important to develop a good plan than to shorten the schedule. He supports including restrooms and drinking fountains.

Thom Mayer, a member of the public, urged Council not to hurry the process. He supports including the labyrinth walk.

Joe Antuzzi, representing the Downtown Merchants Association, stated that an earlier completion date is more advantageous to the merchants. Restrooms are a critical component in the design.

Ray Johnson, a member of the public, favors a more central location for the plaza.

Suzi Blackman, President and CEO of the Sunnyvale Chamber of Commerce, urged Council to include public restrooms in the plan. She noted that the availability of parking spaces during construction is a significant factor and needs to be further evaluated.

Mayor Fowler closed the Public Hearing at 10:44 p.m.

Motion by Councilmember Risch and seconded by Councilmember Howe, to approve the conceptual design of a 1.6 acre "Basic" design plaza, directed staff to meet with Mozart and the property owners in the North of Washington area on alternative parking proposals to meet the parking needs and to expand the size of the plaza, directed staff to pursue additional funding for the plaza to enhance design in accordance with the priority tiers, and directed staff to evaluate options to shorten the schedule, except for the sole source option.

Councilmember Walker offered a friendly amendment to include the direction to staff to explore the sole source option. The amendment was not accepted.

Motion by Councilmember Walker moved, and seconded by Councilmember Vorreiter, to amend the original motion to include direction to staff to explore the sole source option. The motion carried with Councilmembers Risch and Howe dissenting.

Vice Mayor Miller offered a friendly amendment to remove feature "J" (small self-contained fountain) add in "T" (Interactive fountain); remove feature "O" (kiosk), add in "X" (Arbor Lighting), provide larger trees along Evelyn, and provide structural base for a flagpole. The amendment was not accepted.

Vice Mayor Miller recapped that she is trying to include a significant water feature, add decorative lighting, provide more screening along Evelyn, and plan for a flagpole. Community Development Director Robert Paternoster suggested that these features be included in the Tier 1 enhancements and then be included as Additive Alternates in the Bid Package; the items in Tier 1 will be included in the project to the extent that additional funding is identified. Specifically, Director Paternoster suggested that a major water feature be added to Tier 1, and that the enhanced self-contained fountain be moved to Tier 2; he noted that feature lighting and larger trees are already included in Tier 1. He stated that a foundation for a flagpole will be included in the "Basic" design without a budget adjustment.

Vice Mayor Miller moved, and Councilmember Walker seconded, to amend the amended motion, to modify the tiers in accordance with staff suggestion, adjusting the larger self-contained fountain to Tier 2. Further discussion placed the Water Wall fountain in Tier 1. Staff noted flagpole base could be included in the Basic Design. The motion carried unanimously.

Councilmember Valerio offered a friendly amendment to also move the restroom and labyrinth walk into Tier 1. The amendment was accepted by the maker and second.

The amended motion carried unanimously.

At this juncture, Mayor Fowler recessed the meeting at 11:20 p.m. and then reconvened the meeting at 11:30 p.m.

7.

RTC 02-217

Scheduling Options for Moffett Park Specific Plan and Transportation Strategic Plan

Trudi Ryan, Planning Officer, presented a brief staff report.

Mayor Fowler opened the Public Hearing at 11:34 p.m.

Jennifer Gunderson, Executive Director of the Moffett Park Business and Transportation Association, addressed comments to the Council supporting the plan and urged Council to approve the Combined Project Schedule.

Motion Vice Mayor MIller, and seconded by Councilmember Walker to proceed with the Combined Project Schedule Option. The motion carried unanimously.

8.

RTC 02-206

Street Rename Criteria

Trudi Ryan, Planning Officer, presented the staff report. She identified potential issues that will be analyzed by staff when considering a rename request.

The discussion among Council centered on considering the significance of existing names, impacts to the public who would be directly impacted, and taking into account the length of the street when considering a name.

Mayor Fowler opened the Public Hearing at 11:45 p.m. and there being no public comment, closed the Public Hearing.

Motion by Councilmember Walker, seconded by Councilmember Vorreiter, to approve the street name criteria as incorporated into the amended Council Policy "Public and Private Street Rename Process and Criteria."

Councilmember Vorreiter offered a friendly amendment for additional criteria to include continuity and stability, and the length of the physical continuity of the street when considering a name. The amendment was accepted.

The motion carried unanimously.

9.

RTC 02-181

Appeal Process Report

Community Development Director Robert Paternoster provided detailed information on the City regulations and procedures associated with land use permits.

Vice Mayor Miller directed staff to post the appeal process information on KSUN and suggested simplifying the process.

  1. RTC 02-215

Preparation for Final All America City Awards Competition

Amy Chan, Assistant City Manager, presented the staff report. She reported that the City Of Sunnyvale is a finalist in the 53rd Annual All America City Awards competition. The final competition will be held in Kansas City, Missouri from June 13-15, 2002.

Mayor Fowler opened the Public Hearing at 11:56 p.m. and, there being no public comments, closed the Public Hearing.

Motion by Councilmember Howe, and seconded by Vice Mayor Miller, to support the final All America City Awards competition and the trip to Kansas City, and approve a contingency budget increase of $10,000 (from $50,000 to $60,000), to be appropriated as part of the year-end budget modification. The motion carried unanimously.

CITIZENS TO BE HEARD

 

There were no comments.

NON-AGENDA ITEMS & COMMENTS

COUNCIL

Vice Mayor Miller moved, and Councilmember Valerio seconded, to schedule a Public Hearing on the Mathilda Avenue Overpass. The motion carried unanimously.

Vice Mayor Miller moved, seconded by Councilmember Valerio, to write a letter from the City to the Valley Transportation Authority Caltrain Policy Advisory Board, the Joint Powers Board, and the Santa Clara County Board of Supervisors asking them to consider installing restroom facilities at the new Caltrain Station in downtown Sunnyvale. The motion carried unanimously.

Mayor Fowler moved, and Councilmember Howe seconded, to direct staff to report on the program goals, measures of success and the duration regarding the pilot project for Neighborhood Preservation in the Lakewood Village. The motion carried unanimously.

STAFF

ADJOURNMENT

Mayor Fowler declared the meeting adjourned at 12:03 a.m.

Respectfully submitted:
Susan Kitchens, City Clerk

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