MINUTES
SUNNYVALE CITY COUNCIL
APRIL 20, 2004

 

The City Council of the City of Sunnyvale met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, CA at 7:30 p.m. with Mayor Howe presiding.

 

Mayor Howe led the salute to the flag.

 

ROLL CALL

 

PRESENT:

 

 

 

 

 

Mayor John Howe

Vice Mayor Dean Chu

Councilmember Fred Fowler

Councilmember Julia Miller

Councilmember Ron Swegles

Councilmember Melinda Hamilton

Councilmember Otto Lee

 

 

Staff Present:

 

 

 

 

 

 

Amy Chan, City Manager

Chuck Schwabe, Deputy City Manager

Valerie Armento, City Attorney

Robert Paternoster, Director of Community Development

Mary Bradley, Director of Finance

Marvin Rose, Director of Public Works

Robert Walker, Director of Parks and Recreation

Tim Kirby, Revenue Systems Supervisor

Mark Stivers, Captain, Community Safety Services Bureau  Mike Maehler, Acting Director of Public Safety

Susan Ramos, City Clerk

SPECIAL ORDER OF THE DAY

 

Mayor Howe presented a proclamation to Richard Gurney, Sunnyvale Recycling Supervisor, proclaiming April 22 as Earth Day.

 

PUBLIC ANNOUNCEMENTS

 

Arley Marley, with the Sunnyvale Chamber of Commerce, announced the Sunnyvale Art and Wine Festival in downtown Sunnyvale on June 5 and 6.

 

Vice Mayor Chu announced that the Council met in Closed Session on April 13, 2004, regarding PSOA/SEA labor negotiations. Vice Mayor Chu reported that no direction was given and no action was taken.  He noted the SEA labor negotiations will continue after the adjournment of tonight’s meeting.

 

Councilmember Swegles made the following announcements on behalf of the Council:

 

The City of Sunnyvale, in cooperation with the Bay Area Air Quality Management District, sponsored a Lawn Mower Exchange Event for Sunnyvale residents on Saturday, April 10 at the Home Depot in Sunnyvale.  For additional information, please contact the Solid Waste and Recycling Program at (408) 730-7262 or visit the Sunnyvale web site at www.sunnyvalerecycles.org.

 

The City of Sunnyvale is currently recruiting for members on the following Boards and Commissions:

 

·         Arts Commission

·         Bicycle and Pedestrian Advisory Committee

·         Board of Building Code Appeals

·         Child Care Advisory Board

·         Heritage Preservation Commission

·         Housing & Human Services Commission

·         Board of Library Trustees

·         Parks and Recreation Commission

·         Personnel Board

·         Planning Commission

·         Advisory Council to the Council on Aging (must be at least 60 years old).

 

The application deadline is May 21, 2004 at 5:00 p.m. For an application, please visit the Sunnyvale web site at www.sunnyvale.ca.gov or call Donna Biles at 730-7595.

 

The next community outreach meeting on Downtown Redevelopment will take place on Thursday, April 29, from 7:00 p.m. to 8:30 p.m., at The Historic Del Monte Building, 100 S. Murphy Avenue.

 

·         Meet The Forum Group, applicant for the proposed redevelopment of the Town Center Mall.

·         See design concepts.

·         Provide input on the design features.

 

If you have any questions, contact Kelly Diekmann, Project Planner at 730-7659, or Alice Gamboa-Navas in the Planning Division at 730-7440.

 

CONSENT CALENDAR

 

Mayor Howe requested Item 1.E. be pulled from the Consent Calendar and considered separately. Vice Chair Chu moved, and Councilmember Swegles seconded approval of the Consent Calendar with the exception of item 1.E.  The motion carried unanimously.

 

1.A

 

Approval of Draft Minutes (Regular Meeting of April 6, 2004 and Special Meeting of April 10, 2004)

 

1.B.

 

 

Approval of Information/Action Items - Council Directions to Staff

Fiscal Items

 

1.C.

RTC 04-133

List of Claims and Bills Approved for Payment by the City Manager (List Nos. 191 and 192)

 

Staff Recommendation: Review the attached lists of bills.

 

1.D.

RTC 04-134

Award of Bid No. F0302-50 for Traffic Signal Controller Cabinets

 

Staff Recommendation: Award a contract, in the amount of $101,459, to Traffic Safety Supply for six traffic signal controller cabinets.

 

Contracts

1.E.

RTC 04-135

Amendment of Existing Contract for Downtown Development Economic Analysis and Approval of Budget Modification No. 37 (No. F0304-63)

 

 

Staff responded to Council’s questions regarding using the Redevelopment Agency funds and the amount of money spent on negotiations to date.

 

Mayor Howe opened the Public Hearing at 7:43 p.m.

 

Thom Mayer, a member of the public, inquired if the contract fees were paid for by the developer.  Mayor Howe responded they would look at this as they go through the budget hearings on the fee schedule.

 

Mayor Howe closed the Public Hearing at 7:45 p.m.

 

Mayor Howe moved, and Councilmember Miller seconded, to authorize the amendment of an existing contract with Keyser Marston Associates, Inc., in substantially the same form as the attached draft, and increase authorized expenditures by $35,000, making a total contract not-to-exceed amount of $134,000; and approve Budget Modification No. 37 with an amendment to take the increase out of the Redevelopment Agency Funds.  The motion carried unanimously.

 

Other Items

 

1.F.

ORDINANCE

NO. 2748-04

Amendment to the Precise Zoning Plan, Zoning Districts Map, to Rezone a 1.59 Acre Site Located at 940 W. Weddell Drive from

C-2/PD (Highway Business/Planned Development) to R-4/PD (High Density Residential/Planned Development) Zoning District

 

ORDINANCE NO. 2748-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE PRECISE ZONING PLAN, ZONING DISTRICTS MAP, TO REZONE 1.59 ACRE SITE LOCATED AT 940 W. WEDDELL DRIVE FROM C-2/PD (HIGHWAY BUSINESS/PLANNED DEVELOPMENT) TO R-4/PD (HIGH DENSITY RESIDENTIAL/PLANNED DEVELOPMENT) ZONING DISTRICT

 

1.G.

RTC 04-132

Authorization for NOVA to Submit Concept Papers to the Bay Area Workforce Funding Collaborative for Healthcare Sector Funding in an Amount of Up to $1 Million

 

Staff Recommendation: On behalf of the NOVA seven-city consortium, concur with the NOVA Workforce Board and approve the submission of up to five concept papers to the Bay Area Workforce Funding Collaborative for healthcare sector funding for up to $1 million. It is further recommended that should the funds be awarded, Council authorizes acceptance and that the City Manager or her designee be authorized to execute the necessary grant agreement.

 

1.H.

RTC 04-130

Permission to Apply for Human Rights Video Grant

 

Staff Recommendation: Grant permission to apply for the Human Rights Video Project grant.

 

 

CITIZENS TO BE HEARD

 

Werner Gans, a member of the public, expressed concerns about the fruits from the Liquid Amber trees.  He advocated for the City to address the problem.  Mayor Howe offered to sponsor a study issue to look at the situation about the fruits from the Liquid Amber trees that fall on sidewalks.

 

Mary Baldanado, a member of the public, expressed concerns related to a traffic problem in Lakewood Village, specifically in the Lakehaven area.  Councilmember Miller and Mayor Howe requested the City Manager to ask staff to look into the traffic speeding issue in the Lakewood neighborhood.  Mayor Howe requested Mary Baldanado provide her contact information to the Director of Public Works.  Councilmember Lee requested staff to look at possibly increasing the enforcement in the Lakewood neighborhood area.

 

Jim Quinn, a member of the public, commented about earthquake preparedness.

 

Thom Mayer, a member of the public, thanked the City for the Volunteer Recognition event and noted that the Council is a significant part of the volunteer group.

 

John Loud, expressed concern over the plan to use wood chips in Ortega Park and requested another material be used.  Staff responded to Council questions regarding type of wood chips and public input.

 

Elizabeth Brockman, a member of the public, distributed petitions to the Council related to the construction safety and aesthetics of Ortega Park.  She stated there is no sand play area and the sand under the play area is being replaced by wood chips.  She advocated for rubber to be placed under the fall area and a sand play area and offered to do a fund raising drive to help pay for the improvements.

 

PUBLIC HEARINGS/GENERAL BUSINESS

 

2.

RTC 04-136

 

New-Car Auto Dealer's Committee Report

 

Mayor Howe presented the staff report and thanked the committee members consisting of Councilmembers Swegles and Miller, and Planning Commissioner Laura Babcock for their efforts and time

 

Mayor Howe responded to questions from the Council related to the timing of his recommendations for implementation and plans for other business groups such as hotels and small businesses.

 

At the request of Councilmember Hamilton, Mayor Howe requested staff agendize an item on the Council Agenda Calendar after April 29 to discuss outreach for the small businesses in the downtown to look at how the City can address their needs during the redevelopment of the downtown.

 

Mayor Howe opened the Public Hearing at 8:22 p.m.

 

Adam Simms, Sunnyvale Toyota Dealer, commented about the anticipated growth of the dealership and looks forward to doing business in Sunnyvale.  He advocated for better signage.

 

Arthur Schwartz, a member of the public, stated a reasonable increase in the number of signs per dealership would be good and that would help the traffic situation.  He stated he would not like to see high, oversized signs.

 

Werner Gans, a member of the public, advocated for a reasonable increase in signage for the auto dealers.

 

Mayor Howe closed the Public Hearing at 8:30 p.m.

 

Councilmember Miller moved, and Councilmember Fowler seconded, to accept the Mayor’s Committee Report and approve: Revive “Autodealers Decorative” banner program: Alternative 1.B. Direct staff to develop an ordinance to allow the decorative banners as an additional pilot program or as a permanent program and ask staff to come back to Council on which other work items will not be accomplished as a result of working on this item. Signs on Highway 85 and Lawrence Expressway: Alternative 2.B. Direct staff to continue pursuing this item and a letter with the Mayor’s signature be sent to Caltrans and the County Board of Supervisors as recommended by the Mayor’s committee. Pursue modification to landscaping requirements: Alternative 3.A. Recommend this item for Council sponsorship for December 2004 Study Issue process. Pursue revisions to the Sign Code: Alternative 4.B. Direct staff to begin working on this item this calendar year and ask staff to come back to Council on which other work items.  Bring it back on April 27 with copies of the priority list of currently ranked study issues for re-ranking to incorporate Alternatives 1.B. (revive auto dealers decorative banner program) and 4.B. (pursue revisions to the sign code) into the priority list.  The motion carried unanimously.

 

3.

RTC 04-137

 

Proposed Fiscal Year 2004/2005 Utility Rates

Tim Kirby, Revenue Systems Supervisor, assisted by Mary Bradley, Director of Finance, and Marvin Rose, Director of Public Works, presented the staff report.

 

Staff responded to questions posed by the Council regarding service and costs for maintaining the service level for sewer lateral clean outs, timing for restoring sewer lateral clean outs, and sewer fees relative to condominiums, apartments and townhouses.

 

Mayor Howe opened the Public Hearing at 9:14 p.m.

 

Suzi Blackman, of the Sunnyvale Chamber of Commerce, expressed concern over the timing of the report stating that there was not sufficient time to study the report.  She requested that the Chamber be allowed to contact its members before the Council takes action. She stated the Chamber would report back to Council at their April 27 meeting and bring a report on the impact to the business community.

 

Karl Kulpa, a member of the public, commented about responding to sewer lateral clean outs.

 

Thom Mayer, a member of the public, stated the lateral clean outs are really to support City street trees.  He stated debris bins present a hazard for pedestrians and bicyclists.  He suggested imposing a $100 fee for parking bins on the street.

 

Arley Marley, a member of the public and of the Chamber of Commerce, stated the 4.6 percent increase to businesses could have an impact.  He asked for more advanced noticing.

 

Mayor Howe closed the Public Hearing at 9:50 p.m.

 

Councilmember Lee moved, and Vice Mayor Chu seconded, with a friendly amendment, to continue the item to next week to provide the Chamber of Commerce time to notify its business members for an opportunity to provide input.  The motion carried with Councilmembers Miller, Swegles and Hamilton dissenting.

 

Councilmember Fowler stated he will sponsor a study issue, and Vice Mayor Chu and Councilmember Lee will co-sponsor, to revisit the City policy on noticing timelines and requirements for various types of agenda items and City projects such as development permits and rates.

 

4.

rtc 04-138

 

Use of Volunteers in Public Safety

Mark Stivers, Captain, Community Safety Services Bureau, assisted by Mike Maehler, Acting Director of Public Safety, presented the staff report.

 

Mayor Howe opened the Public Hearing at 10:12 p.m. and, there being no public comments, closed the Public Hearing.

 

Councilmember Fowler moved, and Councilmember Swegles seconded, to approve staff’s recommendation for alternative #2 to expand the program to 30 volunteers over a 2 year period through sufficient funding as identified; identify areas of opportunity; allow adequate time to recruit, train and deploy the volunteers; and validate the contribution.  The motion carried unanimously.

 

NON-AGENDA ITEMS & COMMENTS

 

COUNCIL

 

Councilmember Swegles stated he received a certificate of recognition for his service in the cold war.

 

Vice Mayor Chu congratulated the Indian community on the opening of their community center.

 

Councilmember Miller asked for more information on the administrative hearings of April 28 for items one and two.

 

Mayor Howe congratulated staff for the Volunteer event held today.

 

STAFF

 

There were no comments.

         

ADJOURNMENT

 

Mayor Howe adjourned the regular meeting at 10:18 p.m. and adjourned to a Closed Session regarding Sunnyvale Employee Association (SEA) Labor Negotiations Pursuant to Government Code Section 54957.6.  Mayor Howe adjourned the Closed Session at 10:38 p.m. and continued it to a later date. 

 

Respectfully submitted,
Susan Ramos, City Clerk