MINUTES
SUNNYVALE CITY COUNCIL
AUGUST 24, 2004
7:30 P.M.
The City Council of the City of Sunnyvale adjourned from a 4:00 p.m. Closed Session regarding SEA Labor Negotiations Pursuant to Government Code 54957.6, a 5:30 p.m. Study Session regarding Economic Development Program, a 7:00 p.m. Study Session regarding Update on SmaRT Station Operations, and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:30 p.m., with Mayor Howe presiding.
NOTE: Pursuant to Government Code Section 54953, subdivision (b), this meeting included teleconference participation by Councilmember Otto Lee from Hotel Lanai, 828 Lanai Avenue, Lanai City, Hawaii.
SALUTE TO THE FLAG
A member of Scout Troop 443 led the salute to the flag.
ROLL CALL
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PRESENT:
Absent: |
Mayor Howe
Vice Mayor Dean Chu
Councilmember Julia Miller
Councilmember Ron Swegles
Councilmember Melinda Hamilton
Councilmember Otto Lee - via teleconference
Councilmember Fred Fowler (excused absence)
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Staff Present: |
Amy Chan, City Manager
Valerie J. Armento, City Attorney
Chuck Schwabe, Deputy City Manager
Robert Paternoster, Director of Community Development
Marvin Rose, Director of Public Works
Robert Walker, Director of Parks and Recreation
Mary Bradley, Director of Finance
Elaine Wesely, Finance Manager
Steve Lynch, Project Planner
James Craig, Superintendent of Field Service
Jack Witthaus, Transportation and Traffic Manager
Coryn Campbell, Intergovernmental Relations Manager
Donna Biles, Deputy City Clerk |
SCHEDULED PRESENTATION
Dr. Brian Murphy, the new President of De Anza College, gave a presentation regarding partnerships with the City of Sunnyvale and educational programs.
Mayor Howe moved, and Councilmember Miller seconded, approval of the draft minutes with the following amendments in addition to the previously amended minutes:
On page 9 under Non-Agenda Items:
Councilmember Hamilton offered to sponsor a study issue for the feasibility of an automated parking system in the Downtown, but not rank it above the line until the Town Center Mall project is completed. Vice Mayor Chu offered to co-sponsor the study issue.
On page 9 under Joint Session with the Redevelopment Agency:
Vice Mayor Chu stated he will vote no because of the lateness of the hour and the dollars involved, and requested that the item be continued to next Tuesday.
Mayor Howe stated he will vote no because of the lateness of the hour and complexity, and noted that he had recommended earlier to continue this item.
The motion carried with Mayor/Chair Howe and Vice Mayor/Vice Chair Chu dissenting, and Councilmember/Agency Member Miller abstaining because of the lateness of the hour, the complexity of the document, the seven amendments that just came to the attention of the Council and staff, and the Council and staff were exhausted.
The motion carried unanimously with Councilmember Fowler absent.
Fiscal Items
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1.C. |
RTC 04-299 |
List of Claims and Bills Approved for Payment by the City Manager (No. 210)
Staff Recommendation: Review the attached list of bills.
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1.D
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RTC 04-297 |
Agreement Between City of Sunnyvale and Sunnyvale Garden Club for Use of the Sunnyvale Heritage Center Multi-Purpose Building, Garden Building and Storage
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Robert Walker, Director of Parks and Recreation, presented the staff report.
Councilmember Swegles pulled this item to congratulate staff for their work on this project.
Mayor Howe opened the Public Hearing at 8:00 p.m.
Nellie Durand, President of the Sunnyvale Garden Club, thanked the City for their support and described some of the services they provide.
Mayor Howe closed the Public Hearing at 8:03 p.m.
Councilmember Swegles moved, and Mayor Howe seconded, to approve Alternative 1, approve the five (5) year Sunnyvale Garden Club Agreement, depicted by Attachment A, dated June 1, 2004, and authorize the City Manager to enter into said Agreement. The motion carried unanimously with Councilmember Fowler absent.
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1.E. |
RTC 04-298 |
Agreement Between City of Sunnyvale and Unique Boutique for Use of Senior Center Room No. 518
Staff Recommendation: Approve the five-year Unique Boutique Agreement depicted by Attachment A and authorize the City Manager to enter into said Agreement.
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Contracts
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1.F.
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RTC 04-303
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Award of Bid No. F0304-70 for Improvements to the City's Water Supply and Distribution System Software and Telemetry Hardware
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Elaine Wesely, Finance Manager, assisted by Mary Bradley, Director of Finance, and James Craig, Superintendent of Field Service, presented the staff report. She stated that staff has changed their recommendation to Alternative 2 and to re-bid the alternatives. She responded to questions from the Council regarding the request for bids, and the process for awarding contracts.
Mayor Howe opened the Public Hearing at 8:10 p.m.
Harold Spence, President of HSQ Technology, stated that while he agrees with staff’s new recommendation, he advocated for re-bidding the entire project.
Robert Marston, of Telestar, advocated for re-bidding the entire project.
Mayor Howe closed the Public Hearing at 8:25 p.m.
Councilmember Swegles moved, and Councilmember Miller seconded, to approve Alternative 2, award a contract to Transdyn Controls, Inc., in the amount of $979,547 for improvements to the City's water supply and distribution system software and telemetry hardware (Base Bid only) and approve a project contingency in the amount of $97,955 and re-bid the alternatives. The motion carried unanimously with Councilmember Fowler absent.
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1.G. |
RTC 04-300
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Award of Bid No. F0304-59 for the Removal and Replacement of the Gym Floor at the Community Center Indoor Sports Center
Staff Recommendation: Award a contract, in substantially the same form as the attached draft and in the amount of $199,907 to H.Y. Floor and Gameline Painting, Inc., for the removal and replacement of the gym floor at the Community Center Indoor Sports Center, and approve a project contingency in the amount of $39,981.
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1.H. |
RTC 04-305
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Award of Request for Proposal No. F0310-27 for an Automated Library Circulation System to Replace the Existing System
Staff Recommendation: Award a contract to Innovative Interfaces in the amount of $272,447 (includes sales tax) to provide and assist in the implementation of an automated library circulation system, and authorize a project contingency in an amount not to exceed $25,000.
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Other Items
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1.I. |
RTC 04-292 |
Update on Proposition 10: Status of Services Resulting From Tobacco Tax Funding for Children Aged 0-5 and Their Families
Staff Recommendation: Direct staff to shift its role to focusing on monitoring of service delivery to help ensure that Sunnyvale residents receive Proposition 10 services, and provide limited assistance to contracted agencies by: Briefing agency staff on Sunnyvale programs and services; As resources allow, providing information and informational materials on local services for families with children ages 0-5; Referring families in Sunnyvale that might benefit from services; Providing consultation and advice on best geographical area site locations for service delivery in Sunnyvale.
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1.J.
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RTC 04-307 |
Response to Santa Clara County Civil Grand Jury Report Regarding Inquiry Into the Board Structure and Financial Management of the Valley Transportation Authority
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Jack Witthaus, Transportation and Traffic Manager, assisted by Mary Bradley, Director of Finance, presented the staff report.
Staff responded to questions posed by Mayor Howe on why this item has come before Council, and what has happened to the Grand Jury reports in the past.
Mayor Howe opened the Public Hearing at 8:37 p.m. and, there being no public comments, closed the Public Hearing.
Mayor Howe moved, and Councilmember Miller seconded, to approve Alternative 1, authorize the Mayor to sign the Response to Grand Jury Report form indicating that Recommendations 1 and 2 require further analysis by a major constituent agency or group of agencies, and that the City of Sunnyvale on its own does not constitute a major constituent agency that would be responsible for implementing the recommendations. The motion carried unanimously with Councilmember Fowler absent.
Mayor Howe directed that an agenda item be added to the September 14 Consent Calendar regarding a Grand Jury inquiry. Staff to bring forward any other Grand Jury items that do not comply to legal requirements and be included on the September 14 Consent Calendar.
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1.K. |
RTC 04-291 |
Response to the Santa Clara County Civil Grand Jury Regarding Inquiry Into Financial and Performance Audits for the County and Cities in the County
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Mayor Howe opened the Public Hearing at 8:39 p.m. and, there being no public comments, closed the Public Hearing.
Mayor Howe moved, and Councilmember Miller seconded, to approve Alternative 1, authorize the Mayor to sign the attached letter and response form (Attachment A) in response to the Grand Jury’s findings and recommendations. The motion carried unanimously with Councilmember Fowler absent.
CITIZENS TO BE HEARD
Rich Shapiro, a member of the public, directed comments to the Council regarding his concerns with the Department of Public Safety.
Willy Hartford, a member of the public, expressed concern about Comcast charging for basic cable and solicited assistance from the Council.
Fred Wiesinger, a member of the public, advocated for the Council to do a City Charter review specifically relating to Boards and Commissions.
Mayor Howe requested the City Attorney provide the Council with a report regarding the process and legal requirements to review/amend the City Charter.
PUBLIC HEARINGS/GENERAL BUSINESS
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2. |
rtc 04-301
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Rezone From C-2 (Highway Business) to C-2/ECR (Highway Business/El Camino Real Precise Plan), Special Development Permit, and Parcel Map Located at 776 E. El Camino Real (request for continuance)
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Councilmember Swegles moved, and Councilmember Miller seconded, to continue this item indefinitely. The motion carried unanimously with Councilmember Fowler absent.
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3.
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RTC 04-304
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Appeal of a Decision of the Planning Commission Approving a Use Permit to Allow Expansion of the Existing Stratford School (From 258 Students Up to a Maximum of 440 Students), Located at 819 West Iowa Avenue (Joe Wagner [Applicant] Sunnyvale School District [Owner])
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Steve Lynch, Project Planner, assisted by Jack Witthaus, Transportation and Traffic Manager, presented the staff report.
Staff responded to questions from the Council regarding the impact to the neighborhood, monitoring the facility, how many students the school can legally accommodate, and possible Transportation Demand Management (TDM) reductions.
Mayor Howe opened the Public Hearing at 9:12 p.m.
Fred Wiesinger, a member of the public, stated that Stratford School has made efforts to mitigate traffic problems and he has not observed traffic problems. He advocated for approval of the additional students.
Kevin Werner, appellant, stated he is opposed to the increase in the number of students and expressed concerns on traffic problems, the traffic study, pedestrian safety, and play areas for the additional students. He requested more traffic mitigation measures be put in place.
Wendy Tan, appellant, distributed a petition to the Council of residents opposed to the proposed expansion of the school. She expressed concerns over traffic gridlock, traffic complaints not being logged and addressed, pedestrian safety, limited parking, overflow to McKinely Avenue, and the impact on property values.
Paul Thesing, a member of the public, spoke in opposition to the proposed expansion and expressed concern related to increased traffic and pedestrian safety.
Lisa, Zhou, a member of the public, spoke in opposition to the proposed expansion and expressed concerns relating to increased traffic and lack of student play areas.
Alex Mou, a member of the public, expressed concerns relating to increased traffic and speeding.
Robert Dreisbach, a member of the public, expressed concerns relating to traffic and advocated for a traffic signal on McKinley Avenue.
Sopheak Sim, a member of the public, expressed concerns on the traffic problems at the intersection of McKinley and Pastoria and advocated for a solution. She spoke in support of the expansion of the school.
David Mcintyre, a member of the public, expressed concerns regarding the volume of traffic and the increased parking demand, and advocated for a solution to the increased traffic.
Richard Withers, a member of the public, expressed concerns on the increased traffic and requested that Stratford School be held accountable for their traffic abatement measures. He suggested more access routes to the school, the use of buses and a dedicated person to direct traffic.
Kaspturi George, a member of the public, expressed concerns related to traffic and advocated to maintain the current enrollment.
Benjamin Pickard, Deputy Superintendent of the Sunnyvale School District, gave a brief history of Stratford School site and stated that the school could accommodate 440 students. He further acknowledged the potential traffic problems and stated traffic mitigation plans are being addressed. He spoke in support of the increase of the number of students.
Joe Wagner, Applicant, stated that Stratford has strived to be an asset to the community and a good neighbor, and that they are contributing $1.5 million into the public school system. He stated they do offer incentives for carpooling, walking and biking, and responded to questions from the Council.
Mayor Howe closed the Public Hearing at 10:20 p.m.
Vice Mayor Chu moved, and Councilmember Swegles seconded, to approve Alternative 2, deny the appeal and uphold the Planning Commission’s action to adopt the Mitigated Negative Declaration and approve the Use Permit with modified Conditions of Approval. Applicant to work with the landlord for arranging for access for dropping off students from Iowa Avenue through the Iowa Avenue parking lot.
Councilmember Hamilton offered a friendly amendment that the school provide a dedicated person for residents to contact regarding traffic problems. The amendment was accepted.
Mayor Howe offered a friendly amendment that staff report back to the Council by the end of July 2005 on any community problems and the amount of enrollment for the first year. The amendment was accepted.
Councilmember Hamilton offered a friendly amendment for a dedicated City staff person to review email complaints and track findings on a quarterly basis and report back to the Council in July 2005. The amendment was accepted.
The motion carried unanimously with Councilmember Fowler absent.
At this juncture, Mayor Howe called a recess at 10:37 p.m. and reconvened at 10:47 p.m.
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4. |
RTC 04-293
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Public Hearing to Review and Receive Comments on City of Sunnyvale Public Health Goal Report (City's Water System) Prepared for California Department of Health Services
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James Craig, Superintendent of Field Services, assisted by Marvin Rose, Director of Public Works, presented the staff report.
Councilmember Miller requested a report on the trend of copper in the water.
Mayor Howe opened the Public Hearing at 10:55 p.m. and, there being no public comments, closed the Public Hearing.
Councilmember Swegles moved, and Councilmember Hamilton seconded, to approve Alternative 1, Council receive and acknowledge comments from the public on the PHG Report and refer any comments to the Department of Public Works for consideration and to address as appropriate. The motion carried unanimously with Councilmember Fowler absent.
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5.
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RTC 04-308
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Review of Legislative Action Policy Regarding Light Rail Extension to Downtown Sunnyvale |
Jack Witthaus, Transportation and Traffic Manager, assisted by Marvin Rose, Director of Public Works, presented the staff report.
Mayor Howe opened the Public Hearing at 10:59 p.m. and, there being no public comments, closed the Public Hearing.
Vice Mayor Chu moved, and Councilmember Miller seconded, approval of Alternatives 1, 2 and 3.
1. Communicate to the VTA Board of Directors information on the 1993 Cooperative Agreement, and specify that the pending New Rail Corridors Study shall abide by the terms of the Agreement.
2. Research and document compliance with the 1993 Cooperative Agreement, through a study issue or non-routine project.
3. Once documentation is reviewed and approved, file for alternative dispute resolution.
Councilmember Miller offered a friendly amendment that this is a study for a public transportation route versus specifically light rail. The amendment was not accepted.
The motion carried unanimously with Councilmember Fowler absent.
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6. |
RTC 04-309
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City Council Appointments to Valley Transportation Authority (VTA) Board of Directors and VTA Policy Advisory Committee |
Coryn Campbell, Intergovernmental Relations Manager, presented the staff report.
Mayor Howe opened the Public Hearing at 11:05 p.m. and, there being no public comments, closed the Public Hearing.
Staff responded to questions regarding nominations.
Councilmember Miller moved, and Councilmember Swegles seconded, to appoint Vice Mayor Chu to serve as the new VTA Board of Directors representative. The motion carried unanimously with Councilmember Fowler absent.
Vice Mayor Chu moved, and Mayor Howe seconded, to appoint Councilmember Swegles as the new VTA Policy Advisory Committee representative. The motion carried unanimously with Councilmember Fowler absent.
NON-AGENDA ITEMS & COMMENTS
COUNCIL
Councilmember Hamilton requested a response to the glare problem from the Mozart Building. Director Paternoster stated he would follow up on the complaint and get a response.
Councilmember Miller requested a briefing on the Mathilda Avenue over crossing project.
Councilmember Miller requested a Study Session to create a Council policy on the length of Council meetings. Councilmember Lee offered to co-sponsor the Study Session.
Councilmember Lee offered to sponsor a Study Issue on alternate sources for broadcasting KSUN other than Comcast.
Mayor Howe requested an agenda item be added to the September 14 Council meeting regarding three appointments to a VTA Design Enhancement Committee – one staff member, one Councilmember, and one person with experience in the arts.
Mayor Howe offered to sponsor a Study Issue declaring the second Saturday in August as Family Day. He requested staff look into opening up the recreation facilities to the entire community. Councilmember Miller offered to co-sponsor the Study Issue.
Mayor Howe offered to sponsor a Study Issue on the City’s web site. Councilmember Hamilton offered to co-sponsor the Study Issue.
STAFF
There were no comments.
ADJOURNMENT
Mayor Howe declared the meeting adjourned at 11:22 p.m.
Respectfully submitted,
Donna Biles, Deputy City Clerk