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Sunnyvale City Council Meeting Minutes - 6/11/02

SUNNYVALE CITY COUNCIL
JUNE 11, 2002

The City Council of the City of Sunnyvale adjourned from a 6:30 Study Session regarding Governmental Accounting Standards Board Statement 34, 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
Ernie Bakin, Director of Public Safety
Marvin Rose, Public Works Director
Mary Bradley, Finance Director
Tim Kirby, Finance Manager
Annabel Yurutucu, Housing Officer
Trudi Ryan, Planning Officer
Jack Witthaus, Transportation and Traffic Manager
Dennis Ng, Senior Traffic Engineer
Susan Kitchens, City Clerk

 

PUBLIC ANNOUNCEMENTS
Councilmember Valerio made the following announcement:

During this month, the City of Sunnyvale is conducting a Resident Opinion and Satisfaction Survey to obtain feedback from residents that will help guide the City in providing high quality services.  Households were 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 this survey, 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.

Vice Mayor Miller drew the audience's attention to the "Spare the Air" banner displayed in the Council Chambers. She announced that the Spare the Air Campaign will continue through the summer.

 

CONSENT CALENDAR
Councilmember Howe requested item 1.A. pulled for corrections from the consent calendar.

City Manager LaSala requested that item 1.D. be pulled for discussion and 1. E. pulled for continuance.

Vice Mayor Miller moved, and Councilmember Howe seconded, approval of the consent calendar with the exception of items 1.A, 1.D. and 1.E.  The motion carried unanimously.

1.A. Approval of Draft Minutes (June 4, 2002)
Councilmember Howe moved, and Vice Mayor Miller seconded, approval of the minutes as amended. The motion carried unanimously.
Fiscal Items
1.B. RTC 02-220

Lists of Claims and Bills Approved for Payment by the City Manager (No. 097)

Staff Recommendation: approve the list of bills.

1.C. RTC 02-213

Authorization to Apply for a Grant from the David and Lucile Packard Foundation to Address the Impact of the Economic Downturn by Providing Emergency Assistance to Low-Income Families

Staff Recommendation: Authorize staff to submit a proposal to the David and Lucile Packard Foundation for funding in the amount of $250,000. If an award is granted, the City Manager is authorized to execute an agreement with the Packard Foundation.

1.D. RTC 02-234 Request to Increase Funding for BMR Second Mortgage Program to Accommodate BMR Audit Actions and Budget Modification No. 34
Councilmember Howe recused from this item.

Annabel Yurutucu, Housing Officer, requested that the Council appropriate funds from the Housing Mitigation Reserves to allow the City to make more timely purchases of BMR units. She reported that the City is pursuing the purchase of a unit at 709-1 San Conrado Terrace.

Motion by Councilmember Walker, and seconded by Councilmember Vorreiter, to approve a budget modification of $250,000 appropriating funds out of Housing Mitigation Reserves for purchases of BMR units related to the on-going audit. The motion carried with Councilmember Howe abstaining.

Contracts:
1.E. RTC 02-225

Downtown Plaza Contract Amendment for Amphion and Budget Modification No. 32

Motion by Vice Mayor Miller, and seconded by Councilmember Vorreiter, to continue the item. The motion carried unanimously.
1.F. RTC 02-232

Award of a Contract for a Gas Chromatograph/Mass Spectrometer System for the Water Pollution Control Plant ( No. F0205-71)

Staff Recommendation: Award a contract in amount of $69,475 (plus tax) to Quantum Analytics of Foster City to furnish and install a Gas Chromatograph/Mass Spectrometer System at the Water Pollution Control Plant.

1.G. RTC 02-231

Award of Bid  No. F0204-50 to Add More Than Six Miles of New Bike Lanes to the Sunnyvale Bicycle Network

Staff Recommendation: Award a contract in the amount of $156,725 to Linear Options, Inc., for the construction of the Sunnyvale Bicycle Network Project; and approve a contingency in the amount of $23,509.

1.H. RTC 02-230

Award of Bid No. F0205-65 for Traffic Signal Reconstruction at the Evelyn Avenue/Frances Street Intersection

Staff Recommendation: Award a contract in the amount of $287,300 (base bid and additive alternate) to Tennyson Electric, Inc., for traffic signal reconstruction at the Evelyn Avenue/Frances Street intersection; and approve a contingency in the amount of $43,095.

1.I. RTC 02-228

Authorization for Increase in Contract with Bay Span, Inc. for Specialized Temporary Personnel Placement Services (No. F0206-73)

Staff Recommendation: Authorize total expenditures in an amount not to exceed $65,000 under an existing contract with Bay Span, Inc., for specialized temporary personnel placement services.

Other Items:
1.J. ORDINANCE
NO. 2695-02

Adoption of Ordinance No. 2695-02: Award of Taxicab Franchise to Santa Clara Cab Co.

Staff Recommendation: Adopt the ordinance.

ORDINANCE NO. 2695-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AWARDING NONEXCLUSIVE FRANCHISE TO DENISE JAN AND PHILIP MARCIEL, DOING BUSINESS AS SANTA CLARA CAB COMPANY
1.K. ORDINANCE
NO. 2696-02

Adoption of Ordinance No. 2696-02:  Award of Taxicab Franchise to Silicon Valley Checker Cab Co.

Staff Recommendation: Adopt the ordinance.

ORDINANCE NO. 2696-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AWARDING NONEXCLUSIVE FRANCHISE TO LARRY SILVA AND DONALD SILVA DOING BUSINESS AS SILICON VALLEY CHECKER CAB COMPANY
1.L. ORDINANCE
2697-02

Adoption of Ordinance No. 2697-02: Award of Taxicab Franchise to Yellow Cab Co. Peninsula, Inc. 

Staff Recommendation: Adopt the ordinance.

ORDINANCE NO. 2697-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AWARDING NONEXCLUSIVE FRANCHISE TO BIKRAM JEET SINGH, DOING BUSINESS AS YELLOW CAB CO. PENINSULA INC.
PUBLIC HEARINGS/GENERAL BUSINESS
2. MOTION
RTC 02-227
Board and Commission Appointments for 2002 - Phase I Spring Recruitment

City Clerk Kitchens presented the staff report.

The Council voted on the appointments as follows:

Bicycle and Pedestrian Advisory Committee (Category 1) 2 vacancies: 

Cynthia Cotton:

AYES:              Valerio, Vorreiter, Walker, Fowler, Miller

ABSTAIN:         Risch, Howe

Gerald Gras:

AYES:              Vorreiter, Walker, Fowler, Miller, Risch, Howe

ABSTAIN:        Valerio

Roger Rintala:

AYES:              Valerio, Miller, Howe

ABSTAIN:        Vorreiter, Walker, Fowler, Risch

Cynthia Cotton and Gerald Gras were declared appointed to the Bicycle and Pedestrian Advisory Committee (Category 1).

Bicycle and Pedestrian Advisory Committee (Category 2) 2 vacancies: 

Carla Creamers:

AYES:              Walker

ABSTAIN:        Valerio, Vorreiter, Fowler, Miller, Risch, Howe

Kevin Jackson:

AYES:              Walker, Howe

ABSTAIN:        Valerio, Vorreiter, Fowler, Miller, Risch

Larry Klein:

AYES:              Valerio,

ABSTAIN:         Vorreiter, Walker, Fowler, Miller, Risch, Howe

John Thomas Mayer:

AYES:              Valerio, Fowler, Risch, Howe

ABSTAIN:         Vorreiter, Walker, Miller 

Since two candidates did not  receive a majority the voting proceeded to a second round. 

Carla Creamers:

AYES:              Walker

ABSTAIN:         Valerio, Vorreiter, Fowler, Miller, Risch, Howe

Kevin Jackson:

AYES:              Walker, Risch

ABSTAIN:        Valerio, Vorreiter, Fowler, Miller, Howe

Larry Klein:

AYES:              Valerio, Vorreiter, Walker

ABSTAIN:         Fowler, Miller, Risch, Howe

John Thomas Mayer:

AYES:              Valerio, Vorreiter, Fowler, Miller, Risch, Howe

ABSTAIN:       Walker

John Thomas Mayer was declared appointed to the Bicycle and Pedestrian Advisory Committee (Category 2). 

On the second appointment to the Bicycle and Pedestrian Advisory Committee (Category 2):

Carla Creamers:

AYES:              Walker, Fowler, Miller,

ABSTAIN:         Valerio, Vorreiter, Risch, Howe

Kevin Jackson:

AYES:              Walker, Miller, Risch, Howe

ABSTAIN:        Valerio, Vorreiter, Fowler

Larry Klein:

AYES:              Valerio, Vorreiter, Fowler, Miller,

ABSTAIN:         Walker, Risch, Howe

A tie was declared between Candidates Jackson and Klein and the vote proceeded to a second round.

Kevin Jackson:

AYES:              Walker, Fowler, Risch, Howe

ABSTAIN:        Valerio, Vorreiter, Miller,

Larry Klein:

AYES:              Valerio, Vorreiter, Fowler, Miller

ABSTAIN:         Walker, Risch, Howe

A tie was again declared, therefore, following Council Policy 7.2.8, the City Attorney drew lots and Kevin Jackson was declared appointed to the Bicycle and Pedestrian Advisory Committee (Category 2): 

Board of Library Trustees:

Pamela Anderson:

AYES:              Valerio, Vorreiter, Walker, Fowler, Miller, Risch, Howe

ABSTAIN:         None

Thomas Flaherty:

AYES:              Valerio, Fowler, Miller, Risch, Howe

ABSTAIN:        Vorreiter, Walker

Jennifer Lantz:

AYES:              Vorreiter, Walker

ABSTAIN:         Valerio, Fowler, Miller, Risch, Howe

Pamela Anderson and Thomas Flaherty were declared appointed to the Board of Library Trustees.

Child Care Advisory Board:

Emily Gutierrez:

AYES:              Valerio, Vorreiter, Walker, Fowler, Miller, Risch, Howe

ABSTAIN:         None

Emily Gutierrez was declared appointed to the Child Care Advisory Board. 

Heritage Preservation Commission: 

Neil Love:

AYES:              Valerio, Vorreiter, Walker, Fowler, Miller, Risch, Howe

ABSTAIN:         None

Neil Love was declared appointed to the Heritage Preservation Commission. 

Parks and Recreation Commission: 

Edie Barrett: 

AYES:              Vorreiter, Walker, Miller

ABSTAIN:        Valerio, Fowler, Risch, Howe

The candidate failed to receive a majority vote, therefore, no appointment was made.

Planning Commission:

Otto Lee:

AYES:              Valerio, Vorreiter, Walker, Fowler, Miller, Risch, Howe

ABSTAIN:         None

Ronald Swegles:

AYES:              Valerio, Vorreiter, Walker, Fowler, Miller, Risch, Howe

ABSTAIN:         None

Otto Lee and Ronald Swegles were declared appointed to the Planning Commission.

3. RTC 02-211 Canary Drive Stage 2 Traffic Calming Plan

Jack Witthaus, Transportation and Traffic Manager, reported that this plan is the culmination of a traffic calming study that has been conducted for the Canary Drive area. Several neighborhood meetings have been held and the residents and property owners support implementing the plan. The plan, developed by the neighborhood and staff, consists of a landscaped traffic circle at the intersection of Canary Drive and Loch Lomond, a stamped concrete speed hump, located on the property lines of four Canary Drive residences, and a four by 20 feet long median island, with brick pavers, on Canary Drive at Inverness Avenue.  Dennis Ng, Senior Traffic Engineer, assisted in responding to questions relative to the cost of the measures to be taken. 

Mayor Fowler opened the Public Hearing at 8:06 p.m. 

Mary Depew, a Canary Drive resident, addressed comments to the Council in support of the plan. She cited safety concerns for the children who live on the street. 

Werner Gans, a member of the public, favors installing speed humps. He thinks they are more economical and does not want to set a precedent that would affect other areas of the City. 

Steve Gospy, a Canary Drive resident, expressed support of the staff's recommendations. 

Scott Chapman, a Canary Drive resident, supports the plan. 

Linda Davis, a Canary Drive resident, supports the three-step plan. 

Stu Gans, a neighborhood resident, spoke in support of the plan. 

Mayor Fowler closed the Public Hearing at 8:22 p.m. 

Motion by Councilmember Walker, and seconded by Concilmember Risch, to approve the implementation of a capital project to construct the Stage 2 Traffic Calming Plan for Canary Drive as developed by staff and the Canary Drive/Loch Lomond Court neighborhood, direct staff to prepare a budget modification to increase the Public Works Landscaping maintenance budget in order to maintain the new landscaping associated with the traffic calming construction, and direct staff to prepare a budget modification to provide for increased traffic calming.

Mayor Fowler offered a friendly amendment to report back to Council in one year of the effectiveness of the measures after they have been implemented. The amendment was accepted.

The motion carried unanimously.

4. RESOLUTION
NO. 144-02
RTC 02-221
Collection of Wastewater Charges for Property Outside the City on the FY 2002/2003 Property Tax Roll

Tim Kirby, Finance Manager, presented a staff report noting the number of properties affected and the wastewater rates. 

Mayor Fowler opened the Public Hearing at 8:33 p.m. and, there being no public comments, closed the Public Hearing. 

Councilmember Valerio moved, and Councilmember Walker seconded, to adopt the resolution approving the proposed assessments. The motion carried unanimously. 

RESOLUTION NO. 144-02: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE PROVIDING FOR THE COLLECTION OF SEWER SERVICE CHARGES ON PROPERTY OUTSIDE THE CITY FOR FISCAL YEAR 2002/2003

5. Ordinance
RTC 02-222
Rezone of 25 parcels from R-0 (Low Density Residential) to R-0/S (Low Density Residential/ Single Story Combining District) located in Tract 2064 bounded by Bobolink Circle and Bobwhite Avenue

Trudi Ryan, Planning Officer, presented the staff report. She responded to questions regarding the first application for a district of 54 Eichler homes. 

Yolanda Brown, Planning Commission Chair, reported that two residents had spoken in support of the ordinance at the Planning Commission meeting and several other residents in attendance supported the rezone. 

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

James Pinetti, a member of the public, had questions regarding the application process. 

Allen Bertke, applicant, urged the Council to support the ordinance citing that maintaining privacy would support higher property values. 

Jim Bevis, a member of the public, spoke in support of the ordinance. 

Ed Dam, a member of the public, supports the ordinance as it will protect his privacy and view. 

Tony Batista, a member of the public, supports protecting the privacy of the residents. 

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

Motion by Councilmember Howe, and seconded by Councilmember Walker, to adopt the Negative Declaration and introduce the ordinance.The motion carried unanimously.

6. RTC 02-233 Conclusion of  the NASA Ames Development Plan Environmental Impact Study (EIS)

Aretha Ferrell-Brown, Assistant to the City Manager, provided a brief overview of what has previously occurred relative to the NASA Ames Development Plan. Based on feedback received during their public comment period, NASA made some initial changes in the area of housing. She reviewed the current status of housing, utility infrastructure, capacity issues, air quality, traffic and Traffic Demand Management. 

Councilmember Risch expressed concern about the cumulative traffic impacts. 

Mayor Fowler opened the Public Hearing at 8:57 p.m. 

Werner Gans, a member of the public, spoke in the support of the plan.  He commended NASA on their housing plan. 

Michael Marlaire, Assistant Director for Development at NASA/Ames Research Center, stated that he has had discussions with the Olympic Organizing Committee regarding the possibility of using Hanger 2 or 3 for a media center during the 2012 Olympics if they are held in San Francisco. He noted that the development had cut back on the east side to reduce the traffic impacts on Sunnyvale. 

Mayor Fowler closed the Public Hearing at 9:05 p.m. 

Motion by Vice Mayor Miller, and seconded by Councilmember Walker to authorize the Mayor to submit a letter to NASA Ames Research Center supporting the Final Draft of the EIS. The motion carried unanimously.

7. RTC 02-226 Downtown Design Plan, Phase II Consultant Contracts with Wagstaff and Associates and with ELS Architecture and Urban Design, and Budget Modification No. 33

Mayor Fowler opened the Public Hearing at 8:30 p.m. and, there being no public comments, closed the Public Hearing. 

Vice Mayor Miller moved, and Councilmember Vorreiter seconded, to continue the item. The motion carried unanimously.

8. RTC 02-219 Proposition 36 Group Homes Study Issue

Tanya Higgins, Project Planner, presented the staff report.  She offered assurances that the homes were spread throughout the community with no heavy concentration to any particular area. 

Yolanda Brown, Planning Commission Chair, reported that there had been no public testimony taken at the Planning Commission meeting. The Commission had voted unanimously to take no action. 

Joshi Pradeep, Housing and Human Services Commission Chair,  reported that the Commission recommended that staff track group home locations. 

Mayor Fowler opened the Public Hearing at 9:11 p.m. 

Kevin Lee, a member of the Housing and Human Services Commission, expressed concern that an over concentration of homes in an area may occur and supported the recommendation that staff track the locations of group homes. He would like for the Council to study the impacts of the homes on the area where they are located. A recommendation for a Study Issue will be forthcoming from the Housing and Human Services Commission. 

Mayor Fowler closed the Public Hearing at 9:16 p.m. 

Councilmember Risch clarified that only homes with seven or more residents are tracked. 

Councilmember Vorreiter moved, and Councilmember Risch seconded, approval of the  alternative to take no action at this time and continue to track group homes of seven or more residents. The motion carried unanimously.

9. RTC 02-224

Appeal of Planning Commission Hearing of May 28 and Administrative Hearing of May 29, 2002

No action was taken.
10. RTC 02-229 Pre-appeal of Planning Commission Hearing of June 24 and Administrative Hearing of June 26, 2002
No action was taken.
CITIZENS TO BE HEARD
There were no comments.
NON-AGENDA ITEMS & COMMENTS
COUNCIL

Councilmember Risch suggested that an itemized travel budget be prepared to justify a request for a budget increase made by Councilmembers.  He distributed his Proposed 2002/2003 Travel Budget. He is not requesting additional funds, but merely giving an example of a justification for additional requests.

Vice Mayor Miller noted she has based her additional requests on the City Manager's input to attend the National League of Cities (NLC) Steering Committee Meetings, at the amount suggested, and will otherwise stay within her budget. She also stated that she would not be using the additional $2,500 that was previously approved for travel to the National Conference of Mayors.

Councilmember Walker supported Councilmember Risch's suggestion.

Mayor Fowler announced that he had assisted in the dedication the John W. Christian Greenbelt, named in honor of a former Parks and Recreation Director. He asserted that his neighbors reminded him that his wife, Phyllis Fowler, had suggested the name in 1996.

STAFF
City Manager LaSala announced that the adoption of the proposed budget would be postponed until June 25, 2002.

ADJOURNMENT
Mayor Fowler declared the meeting adjourned at 9:29 p.m.

Respectfully submitted:

Susan Kitchens
City Clerk

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