Previous Council Meeting

Next Council Meeting
List of Council Meetings List of Reports to Council Sunnyvale Home Page

 

Sunnyvale City Council Meeting Minutes 8-27-02

MINUTES*
SUNNYVALE CITY COUNCIL
AUGUST 27, 2002

The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Study Session regarding the Long-range Civic Center Study, 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
Ernie Bakin, Director of Public Safety
Robert Paternoster, Community Development Director
Marvin Rose, Public Works Director
Byron Pipkin, Department of Public Safety Captain
Blaine Salley, Fire Marshal
Karen Davis, Economic Development Manager
Elaine Wesely, Purchasing Officer
Susan Kitchens, City Clerk

PUBLIC ANNOUNCEMENTS

 

Suzi Blackman, President and CEO of the Sunnyvale Chamber of Commerce, announced that Wednesday, August 28, 2002 would be the final night of the Summer Music Series on Murphy Street. Volunteering at the event will be the Sunnyvale Employees Coalition.

Jeanine Stanek, widow of a former employee, expressed her sincere appreciation and directed the following comments to the City Council:

"This evening I am here to bring to your attention a recently completed project at the Water Pollution Control Plant and to thank the city employees who created that project.

Through the efforts of very generous and caring city workers, a small area of land at the northwest corner of the Water Pollution Control Plant was transformed into Memory Cove dedicated to three employees and friends- Steve Dorrough, Bruce Daniels and my husband, Mark Stanek, all of whom died a few years ago.

It seems that nearly everyone helped in some way as they worked together to plan, prepare and plant this lovely garden in a spot that is easily visible from the Bay Trail and has a view of the oxidation ponds. Even the SMaRT Station became involved with donations of mulch and compost.

Last Thursday the three families were invited to share in the dedication of Memory Cove. It was a beautiful afternoon and we were all deeply touched by the thoughtfulness of our loved ones' co-workers who took the time to remember them in this very special way.

Each family was given a scrapbook with pictures, notes from co-workers and photos of the work in progress- one shovel at a time! The Daniels family even received a framed poster of Bruce posing as Captain Sewer, a role he played many times at local schools, as part of the Environmental Outreach team.

We in Sunnyvale are fortunate to have employees who not only value their work but also value those with whom they work.

Thank you, City workers at the Water Pollution Control Plant. "

Yolanda Risch, Recruitment Director for Leadership Sunnyvale, invited applications for the 2003 class. The date for the course to begin has been moved from September 13th to September 20th. For more information contact the Executive Director, Jim Telfer, at 408-749-5691, at jjtelfor@yahoo.com, or at www.leadershipsunnyvale.org. You may submit your application via e-mail.

Councilmember Vorreiter made the following announcement on behalf of the Council:

The City of Sunnyvale with the Sunnyvale Planning Commission will be conducting two public outreach meetings regarding the Downtown Design Plan. The purpose of these meetings is to provide information about the conceptual plan and obtain feedback from residents that will guide the City towards developing a high-quality downtown. The first meeting will be held on Wednesday, September 18th at the Sunnyvale Community Center on Remington Drive at 7 p.m. The second meeting will be held the following Wednesday, September 25th at Fair Oaks Park on Fair Oaks Avenue at 7 p.m. For more information, please contact Diana O’Dell, Project Planner at 730-7452.

Councilmember Vorreiter also announced that the City and community members are planning a commemorative event for September 11, 2002 to honor the public safety personnel and for a time of reflection. The event will take place at the front of the City Hall Complex on West Olive Avenue. Music will start at 6:30 p.m. and the program will run from 7:00 p.m. to 8:00 p.m.

Vice Mayor Miller expressed her appreciation to the Public Works Director for supporting the Memory Cove project at the Water Pollution Control Plant.

BOARDS AND COMMISSIONS ANNOUNCEMENTS

There were no announcements.

CONSENT CALENDAR

Vice Mayor Miller requested that items 1.A., 1.C., 1.H. and 1.L. be pulled from the consent calendar and discussed separately.

Motion by Vice Mayor Miller, and seconded by Councilmember Howe, for approval of the Consent Calendar, with the exception of items 1.A., 1.C., 1.H. and 1.L. The motion carried unanimously.

1.A.

 

Approval of Draft Minutes (August 20, 2002)

Motion by Vice Mayor Miller, and seconded by Councilmember Howe, to approve the minutes of August 20, 2002, as amended. The motion carried unanimously.

Fiscal Items

1.B.

RTC 02-346

List of Claims and Bills Approved for Payment by the City Manager (No. 108)

Staff Recommendation: Approve the list of bills.

1.C.

RESOLUTION
NO. 169-02
RTC 02-3CA

Institution of Foreclosure Proceedings on Community Facilities District 1

City Attorney Armento reported that the bond documents for the Special Tax Bonds contain specific covenants to foreclose which require the City to commence foreclosure proceedings within 120 days after determining that the special tax is delinquent. Since the payments were due on June 30, 2002, the City has already notified the property owner of the delinquency and now needs to prepare to begin foreclosure. She noted that there is no direct fiscal impact on the City, since the debt service on the bonds is only payable from the special taxes imposed on the owners of property within the Community Facilities District. Given the potential change of ownership and various issues which have arisen in relation to the project as a whole, it appears prudent to commence foreclosure proceedings sooner rather than later. It is possible the receiver now in charge of Town Center will bring the taxes current, in which event there would not be a need to proceed with any foreclosure action.

Vice Mayor Miller received clarification that this does not regard the Town Center itself, but does regard the bonds that were issued.

Mayor Fowler opened the Public Hearing at 7:46 and, there being no public comments, closed the Public Hearing.

Motion by Vice Mayor Miller, and seconded by Councilmember Howe to adopt the resolution authorizing foreclosure and retention of outside counsel.

RESOLUTION NO. 169-02 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ORDERING JUDICIAL FORECLOSURE OF DELINQUENT SPECIAL TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982, ORDERING THAT THE TAX COLLECTOR BE CREDITED WITH THOSE INSTALLMENTS AND AUTHORIZING RETENTION OF SPECIAL COUNSEL

1.D.

RTC 02-342

Biological Evidence Freezer Project and Budget Modification No. 3

Staff Recommendation: Approve funding for the project from Asset Forfeiture Funds in the amount of $139,323.

Contracts:

1.E.

RTC 02-340

Award of Contract for Engineering Design and Construction Support Services for the Resurfacing of the Asphalt Drying Area of the Sludge Dewatering Facility (No. F0208-10)

Staff Recommendation: Award a contract in an amount not to exceed $68,650 to Earth Tech for engineering design and construction support services.

1.F.

RTC 02-339

Award of Contract for Payroll System Upgrade (No. F0208-16)

Staff Recommendation: Award a contract to the High Line Corporation in an amount not to exceed $178,250 for the upgrade of the existing payroll system.

1.G.

RTC 02-348

Award of Contract for Engineering Design and Construction Support Services for the Automatic Sodium Bisulfite System at the Water Pollution Control Plant (No. F0208-14)

Staff Recommendation: Award a contract to Kennedy Jenks Consultants for engineering design and construction support services for the automatic sodium bisulfite system in an amount not to exceed $83,400.

1.H.

RTC 02-345

Award of Bid No. F0206-79 for a File Server System to Support the Utility Billing Program

Elaine Wesely, Purchasing Officer, assisted by Marilyn Crane, Information Technology Manager, presented the staff report. Staff is requesting an award of a contract to support an upgrade to the utility billing software and hardware. Six bids were received and one bid was found to be non-responsive. Chouinard & Myhrem Inc. was found to be the lowest responsive bidder.

Councilmember Risch was given assurances that the bids were sealed bids and the bidder's qualifications were considered when the bids were evaluated. The recommendation is based on the qualifications, responsiveness and price submitted.

Ms. Wesely stated that the minimum requirements for one-year maintenance costs were required to be identified in the bid but not long-range maintenance expenses.

Vice Mayor Miller inquired why the original lowest bidder was considered non-responsive.

Ms. Crane responded that the resumes of key personnel were not included. This information is valuable component to evaluate the expertise of the personnel.

Councilmember Risch moved, and Councilmember Walker seconded, to award a contract in an amount not to exceed $77,063 to Chouinard & Myhre, Inc., to furnish and install an IBM EServer iSeries File Server System. The motion carried unanimously.

1.I.

RTC 02-337

Award of Request for Proposals No. F0206-78 for a Citywide Copier Cost-per-Copy Lease Program

Staff Recommendation: Award a five-year contract in substantially the same form as the attached draft to MBA of California, Inc. for the lease of satellite copiers installed throughout the City.

1.J.

RTC 02-352

Award of a Contract for an Upgrade to the Public Safety Dispatch and Records Systems (No. F0208-19)

Staff Recommendation: Award a contract to Tiburon, Inc., in an amount not to exceed $73,418 to upgrade the DPS CAD/RMS application software.

1.K.

RTC 02-350

Award of Contract for Software Maintenance Services for the Integrated Financial Management System (No. F0208-20)

Staff Recommendation: Award a contract in the amount of $82,359 to Tier Technologies, Inc., for software maintenance services for the City's Integrated Financial Management System.

1.L.

RTC 02-347

Award of Contract for the Implementation of an Economic Development Strategic Marketing Plan (No. F0208-17)

Karen Davis, Economic Development Manager, presented the staff report. Staff is recommending a three-part marketing plan for the Economic Development Program. The first part is focused on internal customer service programs, which is a continuing effort to maintain a positive business climate in the City. The second part is an outreach to residents explaining the importance of business in the community. The third part is an outreach to the businesses in the community.

Vice Mayor Miller requested the breakdown of the cost for the program and how the program works with the Chamber of Commerce efforts and the results of the surveys that were conducted.

Ms. Davis responded that the $75,000 is for the cost of the consultant for all three programs. The total amount would not exceed $150,000 and would include the cost of advertising, training materials and other things that lend support to the program. The program will work in partnership with the Chamber and will not duplicate any training or outreach efforts. The City will coordinate the activities to assure that the role of the City and Chamber is appropriate. The surveys identified the issues of the business regarding a short term and long term business retention and identifying programs that would meet their needs.

Councilmember Walker clarified that the report has been discussed with the Chamber of Commerce.

Ms. Davis assured the Council that the City and the Chamber will work together and assess the program as it progresses and make adjustments as needed. Additional measures will be developed to assess the validity of the program. Surveys are also conducted to gain input from the public.

Councilmember Vorreiter illuminated on the way the surveys were conducted with respect to the size, location, types, and ethnicity of the wide variety of businesses to help identify their issues and form a strategic plan to meet their needs.

Mayor Fowler asserted that a positive economic climate is dependent on business retention. Positive and effective communication with the business owners is a key to the success of this effort.

Mayor Fowler opened the Public Hearing at 8:10 p.m.

Suzi Blackman, President and CEO of the Sunnyvale Chamber of Commerce, stated that communication with staff has been very clear on the roles of each entity. The Chamber brings people resources to the table. She sees the Chamber as being the eyes and ears, and then the collective voice of the business community. She supports the plan.

Debbie Owens, Chairman of the Chamber of Commerce Board of Directors, expressed strong support for the program.

Mike Klein, Chair-elect of the Chamber of Commerce Board of Directors, stated that the program affords positive opportunities to existing businesses and will attract more businesses to Sunnyvale.

Mayor Fowler closed the Public Hearing at 8:16 p.m.

Motion by Vice Mayor Miller, and seconded by Councilmember Vorreiter, to approve the requested contract with SK Consulting in an amount not to exceed $75,000. The motion carried unanimously.

1.M.

RTC 02-344

Authorization to Amend an Existing Contract for Replacement of Boiler and Air Handling Unit at City Hall (No. F0208-13)

Staff Recommendation: Authorize additional expenditures in the amount of $4,904 under an existing contract with Fluid Industrial Systems, Inc., for the replacement of the boiler and air handling unit at City Hall.

1.N.

RTC 02-341

Authorization to Amend an Existing Contract for Engineering Design Services to Replace the Chlorinating/Dechlorinating Equipment at the Water Pollution Control Plant (No. F0208-11)

Staff Recommendation: Authorize a revision of the scope of work and additional expenditures in an amount not to exceed $50,295 under an existing contract with Kennedy Jenks Consultants for engineering design and construction support services for the Chlorinating/Dechlorinating Equipment Replacement Project.

1.O.

RTC 02-343

Authorization to Amend an Existing Contract for the Replacement of the Wolfe/Evelyn Pump Station Water Main Replacement (No. F0208-18)

Staff Recommendation: Authorize additional expenditures of $11,300 under an existing contract with Avoca Trucking and Excavation, Inc., for the Wolfe/Evelyn Pump Station Water Main Replacement Project.

1.P.

RTC 02-351

Authorization to Amend an Existing Contract for Construction of Bike Lanes on Caribbean Drive and Arques Avenue (No. F0208-15)

Staff Recommendation: Authorize additional expenditures in an amount not to exceed $35,000 under an existing contract with Linear Options, Inc., for the construction of bike lanes on Caribbean Drive and Arques Avenue; and approve an additional contingency in the amount of $5,250.

PUBLIC HEARINGS/GENERAL BUSINESS

2.

ORDINANCES
RTC 02-334

Introduction of an Ordinance and Setting a Date for a Public Hearing for the 2001 California Fire Code with Amendments and Building Standards for Buildings Exceeding 75 Feet in Height

Byron Pipkin, Department of Public Safety Captain, outlined the proposals for modification of the City of Sunnyvale Municipal Fire Code; and Building Standards Exceeding 75 Feet in Height. He reviewed the process of code development and the rationale for the recommended amendments. The proposed amendments to the Sunnyvale Fire Code were developed in cooperation with other Cities and Fire Districts within Santa Clara County in an effort to provide regulatory consistency throughout the county. The amendments that staff is proposing will apply to new construction and significant tenant improvements to existing buildings. Two changes are proposed to the ordinance that governs buildings in excess of 75 feet. The first is to increase the height requirement for a helicopter-landing pad from 75 feet to 150 feet. The second is to require that a fire fighter air system be installed in all high-rise buildings.

In response to Vice Mayor Miller's inquiry regarding the helicopter pad requirements, Captain Pipkin responded that the need for building helipads for evacuation of occupants or for firefighting purposes had not proven useful in other communities. The design of the dedicated stairways will support evacuation efforts.

Vice Mayor Miller asked if there are any new issues that may need to be addressed as a result of the recent Santana Row fire in San Jose.

Captain Pipkin stated that the code is revisited every three years and he doubts there would be any changes needed during that time.

Blaine Salley, Fire Marshal, noted that the City of Sunnyvale requires that standpipes be installed and operational when a building reaches three stories of combustible construction.

Mayor Fowler inquired if helicopters had been used to evacuate people in the recent terrorist attacks on the World Trade Center. Captain Pipkin responded that he did not believe there had been rescues from helipads in those attacks.

Mr. Salley added that there are two exceptions to the helicopter pad requirement. Those are that there is a dedicated stairwell, for Fire Department use only, in a two hour shaft, and the other is a dedicated freight elevator in a two hour shaft which gives firefighters considerable more protection in getting to the fire.

Mayor Fowler opened the Public Hearing at 8:30 p.m.

Arthur Swartz, a member of the public, would like the City to investigate requiring steel studs in buildings over three stories high. He also suggested that roofs be required to have fire resistant Class B roofs instead of Class C.

Councilmember Risch would like staff to research the requirements of steel studs and roofing standards.

Mayor Fowler closed the Public Hearing at 8:32 p.m.

Motion by Vice Mayor Miller, and seconded by Councilmember Walker, to accept the California Fire Code with amendments and the changes to the High Rise Ordinance and set a public hearing for adoption on September 24, 2002.

Mayor Fowler offered a friendly amendment to bring back additional information at the Public Hearing scheduled for September 24, 2002. The amendment was accepted.

The motion carried unanimously.

3.

ORDINANCES
RTC 02-338

Introduction of an Ordinance and Setting a Date for a Public Hearing for the 2001 California Building Codes with Amendments

Diana Perkins, Plan Checker, reported that The State of California adopted and published these model codes in May 2002 as approved by the Building Standards Commission. All local jurisdictions must now adopt the most recent edition of the Codes with appropriate amendments by November 1, 2002 or be mandated to accept by default the version adopted by the State. Staff believes that structural requirements are critical due to the high potential for seismic activity in this area. Staff has worked with other local jurisdictions to unify all local amendments.

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

Arthur Swartz, a member of the public, clarified that Class C roofs are short-lived as opposed to Class B roofs. He opined that the strength of building materials has deteriorated and therefore prefers using steel studs.

Mayor Fowler closed the Public Hearing at 8:43 p.m.

Councilmember Walker moved, and Councilmember Risch seconded, to introduce the proposed ordinances and set a public hearing for September 24, 2002. The motion carried unanimously.

4.

RTC 02-349

Appeal of Planning Commission Hearing of August 12, 2002 and Administrative Hearing of August 14, 2002

No action was taken.

 

 

CITIZENS TO BE HEARD

 

Mike Klein, a member of the public, thanked the Economic Development Department and the City Council for the Economic Marketing Plan. The public is encouraged to contact the Chamber at 736-4971, visit the website at www.svcoc.org of stop by the Chamber office at 101West Olive Avenue.

NON-AGENDA ITEMS & COMMENTS

COUNCIL

Councilmember Howe noted that he had attended a BPAC meeting but left before they took any formal action. He requested a Study Issue to examine, and compare with surrounding cities, the City's Ordinance that regulates massage parlors.

Councilmember Risch stated that he would like to be kept apprised of the status of the Mall property and, after an auction is held, to ascertain the sale price. The City Council could then determine if they wish to exercise their right of first refusal.

Vice Mayor Miller thanked staff for providing the energy policy and requested that Council revisit the policy in March 2003. She would like additional information on future vacancy rate reports to include the median and average rents, the names and location of apartment complexes, the number of units, and the number of vacancies. She noted that there were several omissions on the KSUN programming schedule. In conclusion, she announced that the Water Transit Authority will be presenting their draft Implementation and Operations Plan (IOP) at 7:00 p.m. on Monday, October 22, 2002 in Sunnyvale City Hall Council Chambers.

Mayor Fowler noted that the Management by Objectives Report on the Department of Public Safety's Sunnyvale Emergency Preparedness Organization, which is in the Emergency Preparedness Program, reflects that the number of participating businesses has dropped this year. He also noted that only $8,000 of the $73,000 budgeted had been spent. He requested that staff prepare a report on the historical overview of the Sunnyvale Emergency Preparedness Organization program, what its activities have been both historically and for the past two years, the names of companies participating, the activities they are currently participating in, and the anticipated activities for next year.

Vice Mayor Miller requested outcome measures on auto burglaries and larcenies be developed and presented to Council.

Councilmember Vorreiter reminded the audience that the Council will be on a summer hiatus for the next two weeks and the next Council meeting is scheduled for September 17, 2002.

STAFF

There were no comments.

ADJOURNMENT

Mayor Fowler declared the meeting adjourned at 9:05 p.m.

Respectfully submitted:
Susan Kitchens, City Clerk

Previous Council Meeting

Next Council Meeting
List of Council Meetings List of Reports to Council Sunnyvale Home Page