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SUNNYVALE CITY COUNCIL
NOVEMBER 26, 2002
7:30 P.M.
The City Council of the City of Sunnyvale adjourned from a 4:30 p.m. Closed Session regarding Negotiations with PSOA/COA/SEIU, a 5:00 p.m. Joint Study Session with the Sunnyvale School District Board of Directions, a 6:00 p.m. Study Session regarding Intergovernmental Relations Issues, a 6:30 p.m. Study Session regarding the Office of Emergency Services Program Update, and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:30 p.m., with Mayor Miller presiding.
SALUTE TO THE FLAG
Mayor Miller led the salute to the flag.
ROLL CALL
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PRESENT:
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Mayor Julia Miller |
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Staff Present: |
Robert S. LaSala, City Manager Trudi Ryan, Planning Officer Karen Davis, Economic Development Manager Larry Iacquinto, Faciliies Management Superintendent Greg Kevin, Captain, Department of Public Safety Susan Kitchens, City Clerk |
PUBLIC ANNOUNCEMENTS
Yolanda Risch, representing Sunnyvale on the County Housing Commission, distributed two handouts to the Council. The first was the CDBG Allocations for 2003-2004. She noted that the application deadline for CDBG Funds is January 10, 2003, and they can be reached at 441-0261. The second handout was the Housing Needs Projections.
Councilmember Vorreiter made the following announcements on behalf of the Council:
The City of Sunnyvale Department of Parks and Recreation is pleased to announce that a 50-years-and-older men’s tennis team from the Sunnyvale Tennis Club, captained by Bob Williams, won the United States Tennis Association National Title. The tournament was held in Palm Springs on October 18-20, 2002. The team represented Northern California in the competition against teams from 16 other sections of the country, defeating teams from Palm Beach (Florida), Las Vegas, Albany (New York), Albuquerque, Seattle, and Charlotte (North Carolina). The Sunnyvale team defeated 24 teams without a loss on the way to the National Title.
Mayor Miller stated that she and Councilmember Walker attended Ted Caselli’s Eagle Scout ceremony and congratulated Ted on reaching his impressive rank.
Mayor Miller inquired if staff had followed up on the concerns raised at the last Public Hearing regarding abandoned vehicles. Robert LaSala, City Manager, stated he would check with the Department of Public Safety and report back.
Vice Mayor Risch reported that the Council met in Closed Session regarding labor negotiations with PSOA/COA/SEIU. Discussions occurred but no action was taken.
CONSENT CALENAR
Councilmember Howe requested that item 1.P. be pulled from the Consent calendar and discussed separately.
Motion by Vice Mayor Risch, and seconded by Councilmember Vorreiter, for approval of the Consent Calendar with the exception of item 1.P. The motion carried unanimously.
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1.A. |
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Approval of Draft Minutes (November 19, 2002) |
Fiscal Items
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1.B. |
RTC 02-470 |
List of Claims and Bills Approved by the City Manager (List No. 121) Staff Recommendation: That the City Council review the attached list of bills. |
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1.C. |
RTC 02-461 |
Apply For and Accept Wal-Mart Foundation Grant For Children's Books Staff Recommendation: Council approves use of Wal-Mart funds for purchase of library materials. |
Personnel Items
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1.D. |
RESOLUTION NOS. 199-02 AND 200-02 |
Amendment to the City's Contribution for PERS Health (Medical) Insurance for PSOA and COA Annuitants (Retirees) Staff Recommendation: Adopt the resolution amending the City’s contribution for health insurance with PERS to conform to the Public Employee’s Medical and Hospital Care Act, and MOU provisions, and amending the Salary Resolution to reflect the change in contribution. RESOLUTION NO. 199-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE FIXING THE CITY'S CONTRIBUTION AS EMPLOYER UNDER THE PUBLIC EMPLOYEES MEDICAL AND HOSPITAL CARE ACT FOR CERTAIN RETIREES RESOLUTION NO. 200-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING RESOLUTION NO. 145-02, THE CITY'S SALARY RESOLUTION, AMENDING THE CITY’S CONTRIBUTION FOR MEDICAL INSURANCE FOR EMPLOYEES PREVIOUSLY REPRESENTED BY THE PUBLIC SAFETY OFFICERS ASSOCIATION AND THE COMMUNICATION OFFICERS ASSOCIATION |
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1.E. |
RESOLUTION NO. 201-02 |
Amendment to the Salary Resolution: Category A (COA - Represented), and Category C (PSOA - Represented) Classifications and Budget Modification No. 20 Staff Recommendation: Amend the Salary Resolution to reflect the new pay rates and approve Budget Modification No. 20. RESOLUTION NO. 201-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING RESOLUTIN NO. 145-02, THE CITY’S SALARY RESOLUTION, BY AMENDING THE PAY SCHEDULE FOR CATEGORY A (COA-REPRESENTED) AND CATEGORY C (PSOA-REPRESENTED) CLASSIFICATIONS |
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1.F. |
RESOLUTION NO. 202-02 |
Amendment to the Salary Resolution: Category L (SEIU - Represented) and Category I Casual Library Classifications and Budget Modification No. 21 Staff Recommendation: Amend the Salary Resolution to reflect the new pay rates and approve Budget Modification No. 21. RESOLUTION NO. 202-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING RESOLUTION NO. 145-02, THE SCHEDULE FOR CATEGORY L (REGULAR PART-TIME EMPLOYEES) AND CATEGORY I CASUAL LIBRARY CLASSIFICATIONS |
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1.G. |
RTC 02-473 |
Amendment to the Memorandum of Understanding with the Sunnyvale Employees Association (SEA) - Agency Shop Provision Staff Recommendation: Approve adoption of the tentative agreement made between the City and SEA, and the amendment to the MOU; and authorize the Director of Human Resources to execute this agreement on behalf of the City. Note: This item changed from a Resolution to a Motion. |
Contracts:
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1.H. |
RTC 02-469 |
Award of Bid No. F0210-35 for Particulate Matter Traps for Twenty-Eight Heavy Duty Diesel Trucks Staff Recommendation: It is recommended that Council award a contract to Kurtt International Trucks in an amount not to exceed $199,178 to furnish and install particulate matter traps on twenty-eight diesel trucks. |
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1.I. |
RESOLUTION NO. 203-02 |
Funding Request to Establish a Particulate Matter Trap Retrofit Project and Budget Modification No. 17 Staff Recommendation: Approve Budget Modification Number 17 and adopt a resolution authorizing the City Manager to accept BAAQMD PM 10 funds. RESOLUTION NO. 203-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AUTHORIZING THE CITY MANAGER TO ACCEPT BAY AREA AIR QUALITY MANAGEMENT DISTRICT GRANT FUNDS TO RETROFIT CERTAIN DIESEL TRUCKS WITH PARTICULATE MATTER TRAPS |
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1.J. |
RESOLUTION NO. 204-02 |
Funding Request to Establish an Alternative Fuels BAAQMD VIP Program Project and Budget Modification No. 16 Staff Recommendation: Approve Budget Modification Number 16 and adopt a resolution authorizing the City Manager to accept BAAQMD VIP funds. RESOLUTION NO. 204-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AUTHORIZING THE CITY MANAGER TO ACCEPT BAY AREA AIR QUALITY MANAGEMENT DISTRICT GRANT FUNDS TO PURCHASE ALTERNATIVE FUEL VEHICLES |
Other Items:
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1.K. |
RTC 02-472 |
Adopt a Policy to Maintain the Street Pavement Condition Index at an Average Of 75 for the Implementation of GASB Statement No. 34 and the Adoption of the Modified Approach for Infrastructure Reporting. Staff Recommendation: Adopt a policy of an average PCI of 75 for the Streets Infrastructure Subsystem. |
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1.L. |
RESOLUTION NO. 205-02 |
Acceptance of the California Energy Commission Grant for Battery Backup System for Traffic Signals and Budget Modification No. 18 Staff Recommendation: Approve Budget Modification Number No. 18 to appropriate the increase in revenues and create the new project- Battery Backup System for Traffic Signals. RESOLUTION NO. 205-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AUTHORIZING THE CITY MANAGER TO ACCEPT CALIFORNIA ENERGY COMMISSION GRANT FUNDS FOR BATTERY BACKUP SYSTEMS FOR TRAFFIC SIGNALS |
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1.M. |
RTC 02-456 |
Grant Funding Agreement to Convert Five New Diesel Refuse Trucks to Compressed Natural Gas Trucks Staff Recommendation: It is recommended that the City Council authorize the City Manager to execute the attached funding agreement with the BAAQMD. |
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1.N. |
RTC 02-435 |
Consideration of Work Plan to Assess Future Library Facility Needs Staff Recommendation: Approve the work plan as proposed. Direct staff to prepare a special project request for funding in FY 2003/04. |
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1.O. |
RESOLUTION NO. 206-02 |
Authorization for the Issuance and Sale of City of Sunnyvale Housing Revenue Bonds, 2002, 501(c)(3) Bonds, and Approving and Authorizing Related Documents and Actions Staff Recommendation: Authorize and Approve a Resolution Authorizing the Issuance and Sale of City of Sunnyvale Housing Revenue Bonds, 2002, 501c(3) Bonds, and Approving and Authorizing Related Documents and Actions. RESOLUTION NO. 206-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE APPROVING THE ISSUANCE BY THE CITY OF NOT TO EXCEED $3,000,000 PRINCIPAL AMOUNT OF ITS 2002 HOUSING REVENUE BONDS, SERIES A, APPROVING A FORM OF BOND AND TERMS AND CONDITIONS, A REGULATORY AGREEMENT, APPROVING A LOAN TO THE EMERGENCY HOUSING CONSORTIUM, A SECTION 501(c)(3) PUBLIC BENEFIT CORPORATION, TO BE USED IN CONNECTION WITH THE ACQUISITION OF AFFORDABLE HOUSING, APPROVING A REGULATORY AGREEMENT IN CONNECTION THEREWITH, AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO |
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1.P. |
RTC 02-480 |
Recommended Refinements in Quality of Life Objectives, Measures, and Base Year Results Staff Recommendation: Approve recommended changes to the Quality of Life Index projects’ objectives, measures, and base year results as described in the report. |
Chuck Schwabe, Deputy City Manager, presented the staff report.
Councilmember Howe requested that a question in the survey be added asking "how convenient is shopping in your area". Mr. Schwabe responded the question could be added to the next survey which is scheduled for June 2003.
Councilmember Howe questioned eliminating the measure of number of community volunteers and asked that it not be eliminated, but changed so Council could get information on the various volunteer activities. Mr. Schwabe stated that one of the existing measures is the number of city volunteers. He stated future results for that measure will include volunteers that serve at community events, and this information could be incorporated into the existing measure.
Mayor Miller opened the Public Hearing at 7:45 p.m.
Thom Mayer, a member of the public, expressed concern on the availability of services in neighborhoods.
Mayor Miller closed the Public Hearing at 7:50 p.m.
Councilmember Walker moved, and Councilmember Howe seconded, to send the item back to Boards and Commissions to get more comment from the public, with staff continuing to generate the report, and bring back as a Public Hearing item. The motion carried unanimously.
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1.Q. |
RTC 02-481 |
Ratification of Amendments to the Santa Clara County Cities Association By-laws Staff Recommendation: Approval of SCCCA Bylaws. |
PUBLIC HEARINGS/GENERAL BUSINESS
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2. |
RTC 02-455 |
Explore Options to Improve Community Communications and Outreach |
Coryn Campbell, Manager, Neighborhood and Community Services, presented the staff report. She stated that this RTC was originated as a Study Issue by Mayor Miller and Vice Mayor Risch at last year’s Study Issue Workshop and focuses on the outreach practices of the City’s six external services delivery departments. The three staff recommended administrative improvements that will have minimal operating budget impact:
The options requiring additional resources are:
Councilmember Walker inquired why option 10 is not recommended. Ms. Campbell responded they are developing a Community Outreach Program which will be finalized in January 2003, of which part will be multicultural outreach, and an Integrated Neighborhood Services Initiative which may include multi-cultural outreach as well.
Mayor Miller inquired when staff would come back to Council on the development of a multicultural outreach plan. Ms. Campbell responded that she could report on the plan, as part of the Community Outreach Program in February 2003.
Mayor Miller opened the Public Hearing at 8:01 p.m.
Dave Simons, a member of the public, suggested not using the acronym "INS" for Integrated Neighborhood Services, and stated he would like to see more in speaking to the challenge of a media for reaching more citizens. He further stated he would like to see monthly reports for communicating with citizens.
Fred Weisinger, a member of the public, stated he would like to see a tracking system for the number of citizen complaints utilizing a unified database system.
Werner Gans, a member of the public, recommended using the City’s website for conducting surveys and expressed concern on the expense for a webmaster.
Donna Carrig, a member of the public, expressed concern over the expense of a webmaster and favors mailings, which would reach a wider population.
Ron Swegles, a member of the public, stated mobile home parks have independent generators which could be utilized for City announcements and videotapes.
Mayor Miller closed the Public Hearing at 8:18 p.m.
Councilmember Vorreiter moved, and Vice Mayor Risch seconded, to direct the implementation of options 1, 2, and 3, and direct consideration of options 4, 5, 9, 11, and an additional option for specific outreach to mobile homes, to be considered as part of the FY 2004/05 budget consideration process. Council directs staff to return to Council in December 2003 with a progress report on implementation, and a report on multicultural outreach efforts as noted in option 10. The motion carried unanimously.
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3. |
RTC 02-466 |
Potential Council Study Issues |
Susan Kitchens, City Clerk, presented the staff report. She stated that the City Council is conducting a Public Hearing for the purpose of receiving input on proposed or new study issues from Boards and Commissions and the public before the Council conducts the Study Issues Workshop on December 12th.
Councilmember Fowler inquired about study issue item DPS-05, noting the staff recommendation is against the study. He questioned Chief Bakin about the budget for the SNAP program, the SEPO Program and School Emergency Preparedness Program. Councilmember Fowler questioned if SNAP and SEPO were the right programs to meet the General Plan goal. He requested staff to revise the DPS-05 study issue paper.
Mayor Miller opened the Public Hearing at 8: 25 p.m.
Jeff Arnett, Vice Chair of the Parks and Recreation Commission, reviewed the ranking and reasons for the Parks and Recreation eleven study issues.
Jackie Harrison, Chair of Library Board of Trustees, encouraged the Council to support the two study issues, noting the use of the Library has never been greater with a usage increase of 20%. She stated their study issues provide the opportunity to specifically assess library needs to assure high quality services for the City.
Kevin Jackson, a member of the public, expressed concern with Department of Public Works study issue PWD-05, reducing bicycle hazards on City streets and PWD-02, design standards for bike lanes adjacent to the street parking.
Suzanne Lazaro, Chair of the Child Care Advisory Board, expressed concerns regarding the loss and availability of child care facilities and the quality of care. She stated they would like to see a resource center/guide, a grant program to stimulate quality child care, and add qualified licensed family child care providers to the low income home loan program.
Jane Schoemaker, Chair of the Heritage Preservation Commission, stated they have submitted three items they would like to have considered. For CDD-04, she asked that the California Environmental Quality Act be reviewed with the legislation that is already in Sunnyvale, so they are in compliance with that Act. Ms. Schoemaker asked for support of CDD-20, for incentives to maintain heritage resources, and CDD-21, to develop a Heritage Preservation Commission outreach program, to encourage people who own heritage properties to maintain the property.
Art Kushner, a member of the public, addressed CDD-31, recreational vehicles, trailers, and boat parking within the front yard. He presented a slide show of neighborhood pictures depicting travel trailers and their effect on property values. He asked the City to develop ordinances to prohibit trailers being parked in front yards.
Steve Desomone, of the Traditions Homeowners Association, addressed CDD-14, development options for City owned property at 1240 N. Fair Oaks Avenue, stating they would like to see this item agendized to study the long term disposition of the property. He asked for approval of option B as a capital expense item to approve short term beautification of the parcel. He further asked the Council to consider a new study issue to address the street renaming policy.
Mayor Miller stated she would sponsor a new Study Issue to examine the street renaming policy.
Don Yaeger, representing the television series "On the Move", addressed CDD-12, Board on Accessibility for Physically Challenged, and CDD-22, accessibility requirements in private development. He expressed concern with curb cuts that would force wheelchairs into the street and would like to see accessibility issues for the physically challenged addressed for both public and private property.
Vice Mayor Risch stated he would sponsor a study issue for the establishment of a Telecommunications Commission.
Councilmember Vorreiter suggested that CDD-12 be revised to address the process to determine if the City is being adequately proactive in addressing the needs of the disabled.
Thom Mayer, Vice Chair of the Bicycle and Pedestrian Advisory Commission, stated they would like to have a plan line study to look at the Bicycle Opportunity Study to assess where additional right-of-way would be necessary.
Fred Weisinger, a member of the public, addressed PWD-06, BPAC review of downtown sidewalk and bike lane closures, stating this would only be for projects which met certain conditions triggering BPAC review. He stated his support for the BPAC review and would like to see this as a policy instead of a study issue.
Roger Rintala, a member of the public, expressed his support for reducing hazards for bicyclists on City streets, and bicycle rider skill awareness education for Public Safety Officers.
Dane Beezley, Chair of the Arts Commission, expressed his support for a digital marquee at corner of Wolfe and El Camino to highlight City events. He stated this was the number one ranked study issue for the Arts Commission, and asked for support on their other study issues.
Dawn Rintala, a member of the public, expressed her support for PWD-05, reducing bicycle hazards on City streets, CDD-26, bicycle facility requirements for new development, and DPS-03, bicycle rider skills awareness education for Public Safety Officers.
Dave Simons, Chair of the Planning Commission, reviewed the Planning Commission Study Issues. He focused on CDD-10, Transportation Demand Management Program for high density residential projects, and CDD-24, zoning tools to encourage the development of ownership housing.
Werner Gans, a member of the public, encouraged the Council to consider CDD-17, rating for roof material, and DPS-02, review fire sprinkler requirements for commercial and residential buildings.
Ron Swegles, a member of the public, addressed the mobile homes in the BMR market and massage parlors. He stated he would like to understand what the average rents are to show them as affordable housing, and would like to see a study done on questionable businesses.
Jan Katz, a member of the public, expressed support for the recreation and open space study issue and would like to understand the fees for recreational facilities.
Tom Carrig, a member of the public, would like to have a study issue for the library location and would like to see an itemized cost for the Downtown Urban Design.
Mayor Miller closed Public Hearing at 10:00 p.m.
Mayor Miller inquired if the November 18th and November 25th, 2003 Council meetings could both be used for the selection and swearing in of a new mayor/vice mayor, with the November 18th meeting for the selection of Mayor and Vice Mayor, and the November 25th meeting for the swearing in ceremony. This would allow staff and the Mayor to make preparations. Councilmember Walker requested this discussion be deferred.
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4. |
RESOLUTION NO. 207-02 |
Plan for Funding Maintenance and Operation of Downtown Parking Facilities |
Karen Davis, Economic Development Manager, presented the staff report. She gave a brief report on the background of the annual levied assessment to cover operation, maintenance and construction of improvements of the City’s Downtown Parking Maintenance District parking facilities and detailed the meetings held with property and business owners. She stated that based on recommendations from the downtown property and business owners, staff will continue to work with downtown property and business owners to explore the potential for a combined Property Improvement District and Business Improvement District that would replace the Parking District. Ms. Davis further stated that by adopting the Resolution of Intention to levy and collect the assessment and approving the Preliminary Engineer’s Report, Council will begin the annual process of giving the City the necessary authority to levy and collect the non ad valorem assessments for public parking facilities from property owners within the Downtown Parking Maintenance District.
Councilmember Walker asked for clarification on the need for a consultant and the function of the Property/Business Improvement District. Ms. Davis responded that the Property/Business Improvement District is very complex and other cities have suggested using a consultant. She further stated that the Property/Business Improvement District could be used for a variety of purposes and would have to look at what they were being assessed for. She stated this would replace the Parking District.
Councilmember Walker asked why the parking lot on the far side of Mathilda Avenue was no longer in the Parking District. Ms. Davis responded the lot is for Cal Train passengers and is not maintained with funds from the Parking District.
Councilmember Walker expressed concern that parking lots not be arbitrarily moved in and out of the Parking District and would like to have provisions in place that the City keep accurate records. Ms. Davis responded that going forward, it is their intent to keep records. She stated they have done research that dates back to 1953, but there is missing information.
Councilmember Fowler inquired about a parking lot on the West side of Mathilda Avenue. Ms. Davis responded it is a City lot and not part of the Parking District.
Councilmember Walker asked what the timelines are for this proposal. Ms. Davis stated the process would take 18 months before they come back to Council.
Mayor Miller questioned the need for a consultant. Ms. Davis responded that funds have not been identified that would support a consultant, and they would come back to Council if the need exists.
Mayor Miller opened the Public Hearing at 10:21 p.m. and, there being no public comment, closed the Public Hearing.
Councilmember Walker moved, and Councilmember Fowler seconded, to take four actions necessary to give the City the necessary authority to levy and collect the non ad valorem assessments for the total cost for public parking facilities from property owners within the Maintenance District: (1) adopt a Resolution of Intention; approve the Preliminary Engineer’s report; (3) set the January 2003 City Council meeting for the required public hearing; and (4) authorize the mailing of Notice of Proposed Assessment and ballots, and to direct staff to assess the need for consultant assistance to review the Property/Business Improvement District option and return to Council for further recommendations, and review the possibility of an advisory board. The motion carried unanimously.
RESOLUTION NO. 207-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE DECLARING ITS INTENTION TO LEVY AND COLLECT AN ASSESSMENT FOR THE DOWNTOWN PARKING MAINTENANCE DISTRICT FOR FY 2002-03 AND FY 2003-04
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5. |
RTC 02-467 |
Initiation of a General Plan Amendment Study (Request from Sunnyvale Community Christian Church – 397 S. Mary Avenue) |
Trudi Ryan, Planning Officer, presented the staff report. She stated that the City has received a letter from David W. Sanders, Treasurer of the Sunnyvale Community Christian Church, requesting consideration of a General Plan Amendment Study to allow a Land Use designation change from Low Density Residential to Low Medium Density Residential. The 3.02 acre site is zoned Low Density Residential and is currently occupied by the Sunnyvale Community Christian Church. This property is located at the northwest corner of the intersection of Mary Avenue and Iowa Avenue. She stated the property owner desires to redevelop the site with a residential development consistent with R-1.7 density.
Mayor Miller opened the Public Hearing at 10:28 p.m.
David Sanders, Treasurer of the Sunnyvale Community Christian Church, stated they feel the change in land use is good for the neighborhood and have an outreach program in place.
Mayor Miller closed the Public Hearing at 10:30 p.m.
Vice Mayor Risch moved, and Councilmember Vorreiter seconded, to authorize the initiation of the General Plan Amendment Study for the subject site from Low Density Residential to Low Medium Density Residential. The motion carried unanimously.
At this juncture, Mayor Miller recessed the meeting at 10:33 p.m., and then reconvened the meeting at 10:40 p.m.
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6. |
ORDINANCE NO. 2715-02 RESOLUTION NO. 208-02 RTC 02-459 |
Related Applications for Property at 604 S. Fair Oaks:
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Trudi Ryan, Planning Officer, presented the staff report. She gave a brief overview and history of the property. She stated that the Planning Commission reviewed and approved this project with three additional conditions of approval. She stated the proposed project is to construct 23 apartment units, including two below market rate units, with a mixture of studio, one, two and three bedroom units.
Councilmember Howe inquired what the zoning is for the surrounding properties. Ms. Ryan responded they are zoned R-3, R-4 and commercial.
Councilmember Walker expressed concern about the ratio of compact parking and the availability of on street parking. Ms. Ryan responded staff evaluated the site, and because it is an apartment complex, they have more flexibility in assigning compact parking, and determined that street parking would not be an issue.
Councilmember Fowler asked if there is access to public transit. Ms. Ryan stated there is access on both sides of the property.
Mayor Miller inquired about the difference in the number of units between R-3 and R-4 zoning. Ms. Ryan responded the R-3 zoning is approximately 15-16 units, and R-4 is17-19 units with the density bonus. She further stated that the project would be 21 units if it did not include the density bonus. She added that the minimum square footage for R-3 is 1800 square feet and for R-4 it is 1500 square feet.
Mayor Miller opened the Public Hearing at 10:50 p.m.
Dave Simons, Chair of the Planning Commission, stated there was some public concern about the design and neighborhood consistency. Ms. Ryan reported the vote from the Planning Commission was 6-0 in favor of the General Plan amendment and rezoning, and 5-1 in favor of the special development permit.
William Jacobson, Applicant, stated they wanted to fulfill the greatest need in Sunnyvale which is housing. He stated he did not see an issue for visitor parking and decided on underground parking to allow them to put in landscaping that is twice the required size. Mr. Jacobson stated he had a positive response from many of the neighbors.
Tirza Kaplan, Architect, presented slides of the surrounding properties and their project site design to show consistency with the neighborhood. In response to questions from Council, she stated their project will be about ten feet higher than the adjacent development and there is no contamination to the site.
Christy Grengo, a member of the public, expressed concern over the density of the project compared to the lot size and the impact on the quality of life. She further expressed concern about parking and traffic.
Maureen Fox, a member of the public, questioned that the project meets the objectives of the City’s General Plan to encourage home ownership. She also expressed concern with parking and the architecture.
Steven Green, a member of the public, would like the Council to re-evaluate the high density zoning for this project and expressed concern about overflow parking.
Mayor Miller closed the Public Hearing at 11:16 p.m.
William Jacobson, Applicant, stated this site was not suited for low density or single family homes. He stated they have spoken to 20-30 neighbors who support the project. In response to Council concerns on parking, Mr. Jacobson stated they are in compliance with the City Ordinance and there is parking across the street.
Councilmember Walker moved, and Vice Mayor Risch seconded, to adopt the Negative Declaration and introduce a Resolution to change the General Plan designation from Commercial Neighborhood Shopping to Residential High Density, introduce an Ordinance to Rezone to R-4/PD and approve the Special Development Permit with conditions. The motion carried with Councilmembers Fowler and Howe dissenting.
ORDINANCE NO. 2714-02 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 604 SOUTH FAIR OAKS AVENUE FROM C-1/PD (NEIGHBORHOOD BUSINESS DISTRICT/PLANNED DEVELOPMENT) DISTRICT TO R-4 (HIGH DENSITY RESIDENTIAL/PLANNED DEVELOPMENT) DISTRICT
RESOLUTION NO. 208-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ADOPTING AN AMENDMENT TO THE 1972 GENERAL PLAN OF THE CITY OF SUNNYVALE TO CHANGE FROM "COMMERCIAL NEIGHBORHOOD SHOPPING" TO "RESIDENTIAL HIGH DENSITY" DESIGNATION FOR PROPERTY LOCATED AT 604 SOUTH FAIR OAKS AVENUE
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7. |
RTC 02-440 |
Lakewood Park Recreation Facilities Improvement |
Councilmember Fowler moved, and Councilmember Walker seconded, to continue this item to a future meeting.
Councilmember Walker offered a friendly amendment to direct staff to work with the Mayor and Vice Mayor to select a new date. The amendment was accepted.
The motion carried with Vice Mayor Risch and Councilmembers Valerio and Vorreiter dissenting.
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8. |
RTC 02-474 |
Custodial Services Options and Call for Contract Bids |
Robert Walker, Director of Parks and Recreation, presented the staff report. He stated that custodial services have evolved to a combination of contractual services, regular part-time City workers, temporary agency workers, and full time City staff. He further stated that staff believes that contracting custodial services could save the City a significant amount of money annually, and that it is an appropriate service to consider for contracting in accordance with Council policy. Director Walker stated that staff is requesting the issuance of a call for bids for custodial services so that contract services can be compared with in-house service delivery.
Councilmember Fowler asked if the quality of service has changed since the transition to temporary employees. Director Walker responded the overall quality of service has improved.
Vice Mayor Risch requested that item 14 on page 16 include verbiage on staff hours. Director Walker agreed to revise item 14.
Councilmember Vorreiter requested an estimate of staff monitoring costs be part of the RFP. Director Walker responded this would be added.
The Council entered into a discussion regarding prevailing wages, quality of service, staff hours, the process for reviewing bids, and potential loss of jobs to City staff. Director Walker clarified that most of the employees are temporary employees and no full time employees would lose their jobs.
Councilmember Fowler asked how close to budget the City is currently running for custodial service. Director Walker responded the year is 36% over and 48% of the budget has been used, and they will be over budget by the end of the year.
In response to Councilmember Fowler’s questions regarding the budget amount for custodial services, Larry Iaquinto, Facilities Management Superintendent, responded the budget is $524,000.
Mayor Miller opened the Public Hearing at 11:59 p.m.
Werner Gans, a member of the public, expressed concern on loss of jobs, wages and benefits.
Mayor Miller closed the Public Hearing at 12:01 a.m.
Vice Mayor Risch moved, and Councilmember Valerio seconded, to approve issuance of a call for bids for custodial services to be provided at the City Hall campus (Public Safety, City Hall, Annex, South Annex, Library, and 505 W. Olive Ave.), the Corporation Yard, Columbia Center, the Community Center and the Water Pollution Control Plant with an additional condition for an estimate staff of hours. The motion carried with Councilmember Howe dissenting.
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9. |
RTC 02-407 |
Animal Control Enforcement in Selected Parks |
Ernie Bakin, Director of Public Safety, and Greg Kevin, Captain, Department of Public Safety, presented the staff report. Captain Kevin stated that Council directed staff to conduct a pilot project to see if increased enforcement of animal control laws in public parks would yield an increase in compliance. He stated in reviewing the result of the project, staff concluded that animal control law violations are occurring at parks, but it is not clear if increased enforcement of laws would have a direct or residual benefit. Captain Kevin stated the Public Safety and Parks and Recreation Departments recommend to continue to educate and inform park users regarding animal control laws and work with neighborhoods where this type of violation is a concern. He noted that Public Safety will continue to issue citations where necessary throughout the park system, and staff will periodically increase enforcement activities for animal related ordinances at locations perceived to have the greatest number of violations.
Councilmember Fowler asked if staff observed the release of large dogs in Panama Park by non-residents, if residents understood Las Palmas Park had a designated area for dogs, and if dogs with no apparent owners were observed in Lakewood Park. Captain Kevin responded that staff had not observed the release of large dogs in Panama Park, but noted that organized dog groups meet in the park to do off leash training. He further stated that some people do not know that Las Palmas Park has a designated dog area, and unattended dogs were not observed by staff at Lakewood Park.
In response to Councilmember Fowler’s inquiry about adequate resources for enforcement and education, Captain Kevin stated the staffing is in place.
Mayor Miller opened the Public Hearing at 12:18 a.m. and, there being no public comments, closed the Public Hearing.
Councilmember Valerio moved, and Councilmember Vorreiter seconded, to direct Public Safety and Parks and Recreation Departments staff to continue actively addressing resident concerns on an individual basis and continue periodic increased enforcement actions undertaken at various parks during the pilot project. The motion carried unanimously.
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10. |
RTC 02-476 |
Recommended Council Action Items from Boards and Commissions |
Councilmember Fowler presented the Council report. He stated that many Boards and Commissions have expressed a desire to understand the priorities and concerns of the Council more fully so they can better align themselves, and to understand the reasons behind Council decisions that contradict Commission recommendations. Councilmember Fowler reported the issues identified by the Commissions and Boards are: Commission visibility, Study Issue processes, roles of Commissions, working with Council and working with staff. He stated there were seven proposed recommendations that require Council action:
Vice Mayor Risch addressed item number seven stating it was not his intent to enact a policy, or make it mandatory to go through Commissions.
Councilmember Fowler suggested the word "directed" be changed to "encouraged".
Councilmember Vorreiter questioned about item four asking what value would be added for presentations at study sessions as opposed to public hearings, and suggested that item five be changed to "annual contact" from "annual visits".
Councilmember Walker asked for clarification from Vice Mayor Risch on item seven, and from Councilmember Fowler on items one and two. He expressed concern over additional Council meetings.
Mayor Miller opened the Public Hearing at 12:44 a.m.
Dane Beezley, Chairman of the Arts Commission, stated the Arts Commission supports items one through six. He stated he believes item seven is a good idea and personally supports it, and stated that he would prefer not to be locked into making a presentation as stated in item one. He thanked Councilmember Fowler and Mayor Miller for attending the roundtable meetings with the Boards and Commissions.
Dave Simons, Chair of the Planning Commission, expressed his support for the proposals, and stated it would be useful for certain Boards and Commissions to be part of the Study Issue Workshop, but that it not be mandatory.
Mayor Miller closed the Public Hearing at 12:54 a.m.
Councilmember Fowler moved, and Councilmember Howe seconded, to approve items one through seven, with an amendment to number seven to change the word "directed" to "encouraged".
Mayor Miller offered a friendly amendment on number five to change the word "direct" to "suggest". The amendment was accepted.
Vice Mayor Risch offered a friendly amendment to delete item number four. The amendment was not accepted.
Vice Mayor Risch moved, and Councilmember Vorreiter seconded, to delete item number four. The motion carried with Mayor Miller and Councilmembers Fowler and Howe dissenting.
Councilmember Vorreiter offered a friendly amendment to modify item six to state "a joint study session with the Council when warranted". The amendment was not accepted.
Councilmember Vorreiter moved, and Councilmember Valerio seconded, to modify item six to state "a joint study session with the Council when warranted". The motion carried with Councilmembers Howe and Fowler dissenting.
Councilmember Howe offered a friendly amendment for Council to reconsider these and other actions no later than one year from November 26, 2002. The amendment was accepted.
The recommended actions are:
The motion carried unanimously.
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11. |
RTC 02-482 |
Positions on National League of Cities Proposed 2003 Annual Conference Resolutions |
Amy Chan, Assistant City Manager, presented the staff report. She stated that the National League of Cities will present its member cities with 26 resolutions, of which 16 are renewing previous resolutions and 10 are new resolutions. She noted that Attachment "A" contains the proposed new resolutions for consideration at the National League of Cities Annual Conference, and Attachment "B" summarizes all resolutions that will be voted upon during the conference.
Mayor Miller opened the Public Hearing at 1:10 a.m. and, there being no public comments, closed the public hearing.
Councilmember Walker moved, and Councilmember Vorreiter seconded, to approve the positions as recommended by staff. The motion carried unanimously.
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12. |
RTC 02-475 |
Selection of Facilitator for City Manager and City Attorney Performance Reviews: 2002-2003 |
Councilmember Walker presented the Council report. He stated the City Council approved revisions to the existing review processes for the City Manager and City Attorney, with some of the new procedures requiring an outside consultant. He noted for the 2002-2003 performance review cycle, the Council appointed an ad hoc subcommittee to review and make a recommendation to the Council for a facilitator. Councilmember Walker stated the ad hoc subcommittee is recommending that the City approve the proposal from Joe Shapela for an amount not to exceed $16,000.
Councilmember Fowler asked if there was a difference between availability and start date between the two proposals. Councilmember Walker responded the two proposals were the same, except the hourly rate for Mathis and Associates was $225 per hour and $150 per hour for Joe Shapela with no travel costs.
Mayor Miller opened the Public Hearing 1:12 a.m.
Werner Gans, a member of the public, commended the Council for getting the best value on this item.
Mayor Miller closed the Public Hearing at 1:13 a.m.
Councilmember Howe moved, and Councilmember Fowler seconded, to adopt the subcommittee’s recommendation to accept the proposal from Joe Shapela. The motion carried unanimously.
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13. |
RTC 02-464 |
Appeal of Planning Commission Hearing of November 11, 2002 and Administrative Hearing of November 13, 2002 |
No action was taken.
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14. |
RTC 02-468 |
Pre-Appeal of Planning Commission Hearing of December 9, 2002 and Administrative Hearing of December 11, 2002 |
No action was taken.
CITIZENS TO BE HEARD
Werner Gans, a member of the public, suggested the Council ask staff to modify the Street Rename Criteria and that on future proposals, the Council specifically address what is in the criteria.
NON-AGENDA ITEMS & COMMENTS
COUNCIL
Councilmember Valerio wished everyone a happy Thanksgiving.
Councilmember Fowler announced he is traveling to China next week as a guest VIP speaker to explain to Chinese communities and businesses the relationship between government and business.
Mayor Miller announced next week’s City Council meeting has been canceled. The next Council meeting will be December 10, 2002.
Mayor Miller thanked the members of public who attended last week’s Council meeting and showing their support of the change to a new Mayor.
Mayor Miller asked the Council if they would support an off site teambuilding workshop for Councilmembers. Support was unanimous.
STAFF
There were no comments.
ADJOURNMENT
Mayor Miller declared the meeting adjourned at 1:20 a.m.
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