MINUTES
SUNNYVALE
CITY COUNCIL
December 21, 2004

 

 

The City Council convened at 10:10 p.m., after adjourning from the Redevelopment Agency, in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California, with Mayor Chu presiding.

 

ROLL CALL

 

PRESENT:

 

 

 

 

 

 

Absent:

Mayor Dean J. Chu

Vice Mayor Ron Swegles

Councilmember Fred Fowler

Councilmember Julia Miller

Councilmember John Howe

 

Councilmember Melinda Hamilton (excused absence)

Councilmember Otto Lee (excused absence)

 

Staff Present:

Amy Chan, City Manager

Joan Borger, Interim City Attorney

Chuck Schwabe, Deputy City Manager

Robert Paternoster, Director of Community Development

Marvin Rose, Director of Public Works

Jack Witthaus, Transportation and Traffic Manager

Diekmann Cogill, Transportation Planner

Trudi Ryan, Planning Officer

Kristen Nigriny, Child Care Manager

Byron Pipkin, Public Safety Deputy Chief

Susan Ramos, City Clerk

 

PUBLIC ANNOUCEMENTS

 

Harriet Rowe, a member of the public, thanked the Council for ranking citizen concerns at the Study Issue Workshop.

 

Councilmember Miller announced that Councilmember Howe was appointed as the Chair of the County LAFCO (Local Agency Formation and Development Organization).

 

Councilmember Miller announced that starting in January 2005, City Council meetings will start at 7:00 p.m.

 

CONSENT CALENDAR

 

Brian McQueen, a member of the public, requested that Item 1.H be pulled from the Consent Calendar and considered separately.  Vice Mayor Swegles moved, and Councilmember Howe seconded, approval of the Consent Calendar with the exception of 1.H.  The motion carried unanimously with Councilmembers Hamilton and Lee absent.

 

1.A.

 

Approval of Draft Minutes (Regular Meeting of December 14, 2004)

 

1.B.

 

Approval of Information/Action Items - Council Directions to Staff

 

Fiscal Items

 

1.C.

RTC 04-451

List of Claims and Bills Approved for Payment by the City Manager (No. 226)

 

Staff Recommendation: Review the attached list of bills.

 

1.D.

RTC 04-441

Authorization for NOVA to Apply for Governor’s Discretionary Funds for Veterans Employment-Related Assistance Program in an Amount Not to Exceed $500,000

 

Staff Recommendation: Authorize the submission of a proposal to the State of California for Workforce Investment Act Veterans Employment-Related Program funds in an amount not to exceed $500,000.  It is further recommended that the City Manager or her designee be authorized to execute the necessary grant agreements relative to these funds.

 

1.E.

RTC 04-440

Authorization for NOVA to Apply to State of California for Additional $305,076 in National Emergency Grant Funds

 

Staff Recommendation: Authorize the submission of an application to the State of California for additional National Emergency Grant funds in the amount of $305,076.  It is further recommended that the City Manager or her designee be authorized to execute the necessary grant agreements relative to these funds.

 

1.F.

RTC 04-442

Authorization for NOVA to Apply for Governor’s Discretionary Funds in an Amount Not to Exceed $800,000 to Support Allied Health Training Initiative

 

Staff Recommendation: Authorize the submission of a proposal to the State of California for Workforce Investment Act Governor’s 15 percent Discretionary funds and optional Wagner-Peyser 10 percent funds in an amount not to exceed $800,000.  It is further recommended that the City Manager or her designee be authorized to execute the necessary grant agreements relative to these funds.

 

Contracts

 

1.G.

RTC 04-443

Agreement Between City of Sunnyvale and Girl Scouts of Santa Clara County for Use of Park Buildings

 

Staff Recommendation:    Approve the Agreement Between City of Sunnyvale and Girl Scouts of Santa Clara County, depicted by Attachment A, and authorize the City Manager to enter into said Agreement.

1.H.

RTC 04-444

Agreement Between City of Sunnyvale and Sunnyvale Gymnastics Club for Use of Community Center Indoor Sports Center, Raynor Activity Center Gymnastics Building and Murphy Park Building

 

Robert Walker, Director of Parks and Recreation, presented the staff report.

 

Mayor Chu opened the Public Hearing at 10:23 p.m.

 

Brian McQueen, Vice President of the Sunnyvale Gymnastics Club, thanked the Council and staff for their support.

 

Mayor Chu closed the Public Hearing at 10:25 p.m.

 

Councilmember Howe moved, and Councilmember Miller seconded, to approve the Agreement between the City of Sunnyvale and Sunnyvale Gymnastics Club as depicted by Attachment A, and authorize the City Manager to enter into said Agreement.  The motion carried unanimously with Councilmembers Hamilton and Lee absent.

 

1.I.

RTC  04-445

Agreement Between City of Sunnyvale and Sunnyvale American Youth Soccer Organization and Sunnyvale Alliance Soccer Club

 

Staff Recommendation: Approve the Agreement Between City of Sunnyvale and Sunnyvale American Youth Soccer Organization and Sunnyvale Alliance Soccer Club, depicted by Attachment A, and authorize the City Manager to enter into said Agreement.

 

 

1.J.

RTC 04-446

Agreement Between City of Sunnyvale and Sunnyvale National Little League, Sunnyvale/Cupertino Pony Baseball, Sunnyvale Serra Little League, Sunnyvale Metro Little League, Sunnyvale Southern Little League and Lakewood Pony Baseball

 

Staff Recommendation: Approve the Agreement Between City of Sunnyvale and Sunnyvale National Little League, Sunnyvale/Cupertino Pony Baseball, Sunnyvale Serra Little League, Sunnyvale Metro Little League, Sunnyvale Southern Little League, and Lakewood Pony Baseball, depicted by Attachment A, and authorize the City Manager to enter into said Agreement. 

 

1.K.

RTC 04-437

Award of Contract to Provide Engineering Design and Support Services for the Construction of Two Bicycle/Pedestrian Bridges Over Highways US 101 and SR 237 Along the Borregas Avenue Corridor (No. F0412-22)

 

Staff Recommendation: Award a contract to T. Y. Lin International, in substantially the same form as the attached draft and in an amount not to exceed $1,084,256, to provide engineering design and construction support services for the Borregas Avenue Bicycle Corridor Project.

 

1.L.

RTC 04-447

Rejection of Single Proposal in Response to Request Proposals No. F0407-05 to Design, Furnish and Install a New Heating, Ventilating and Air Conditioning System at the Sunnyvale Office Center

 

Staff Recommendation: Reject the single proposal received in response to Request for Proposals No. F0407-05.

 

1.M.

RTC 04-448

Authorization to Use a State of California Contract and Award of Contract for the Purchase of Office Supplies (No. F0306-86)

 

Staff Recommendation: Authorize the use of State of California Contract No. 1-01-75-55 and award an eighteen-month contract, in substantially the same form as the attached Blanket Purchase Order, to Boise Cascade Office Products.

 

Other Items

 

1.N.

RTC 04-449

 

Approval of a Revised Council Agenda Template for Regular and Special Meetings

 

Staff Recommendation: Approve the proposed new Council Agenda Template, effective January 1, 2005, as presented.

 

1.P.

ORDINANCE

NO. 2771-04

Adoption of an Ordinance Extending Refuse Collection Franchise Agreement to 2018

 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE EXTENDING THE TERM OF THE FRANCHISE WITH BAY COUNTIES WASTE SERVICES, INC. FOR THE COLLECTION OF SOLID WASTE, AS ADOPTED AND RESTATED BY ORDINANCE 2572-97

 

1.Q.

RTC 04-452

 

Approval of Final Map (Tract No. 9606) – Ahwanee Villas – 17 Townhouse by Rockwell Homes, Inc.

 

Staff Recommendation: Accept the surety bonds, execute the Subdivision Agreement and approve the final map for Tract No. 9606.

 

CITIZENS TO BE HEARD

 

There were no comments.

 

PUBLIC HEARINGS/GENERAL BUSINESS

 

2.

RTC 04-450

Report on Results of Pilot Project on Expanded Noticing for Single-Family Home Additions

 

Trudi Ryan, Planning Officer, presented the staff report.

 

Staff responded to questions posed by the Council regarding posting requirements and locations.

 

Mayor Chu opened the Public Hearing at 10:35 p.m. and, there being no public comments, closed he Public Hearing.

 

Vice Mayor Swegles moved, and Councilmember Howe seconded, to approve Alternative 1, eliminate the expanded noticing for two-story additions and large one-story additions, and 2, require posting a notice on-site of all pending design reviews for two-story additions and homes in addition to adjacent noticing. The motion carried unanimously with Councilmembers Hamilton and Lee absent.

 

3.

RTC 04-453

Feasibility of Developing a Business/Child Care Partnership Program - Study Issue

Kristen Nigriny, Child Care Manager, presented the staff report.

 

Mayor Chu opened the Public Hearing at 10:40 p.m.

 

Emily Gutierrez, Vice Chair of the Sunnyvale Child Care Advisory Board, expressed the Board’s support for staff’s recommendation to approve a limited facilitation business/child care partnership.

 

Mayor Chu closed the Public Hearing at 10:41 p.m.

 

Councilmember Miller moved, and Councilmember Fowler seconded, to approve Alternative 3, a Business/Child Care Partnership with Limited Facilitation provided by the City of Sunnyvale.  The motion carried unanimously with Councilmembers Hamilton and Lee absent.

 

4.

RTC 04-457

 

Pedestrian Safety and Opportunities Study – Work Plan (Study Issue)

 

Diekmann Cogill, Transportation Planner, assisted by Jack Witthaus, Transportation and Traffic Manager, and Marvin Rose, Director of Public Works, presented the staff report.

 

Staff responded to questions posed by the Council regarding the Bicycle and Pedestrian Advisory Committee recommendation, ADA compliance, grants, time schedule for the study and source of the funds, if the study is citywide, and potential funding sources.

 

Mayor Chu opened the Public Hearing at 10:55 p.m.

 

Thom Mayer, a member of the public, clarified his use of the term ADA compliant and stated that he supports staff’s recommendation.

 

Mayor Chu closed the Public Hearing at 10:58 p.m.

 

Councilmember Howe moved, and Councilmember Fowler seconded to approve Alternative 1, approve the work plan for the Pedestrian Safety and Opportunities Study.  The motion carried unanimously with Councilmembers Hamilton and Lee absent.


 

5.

RTC 04-455

In-lieu Fee for Undergrounding of Utilities (Study Issue) (Request for Continuance to February 1, 2005, Pending Approval of Council Calendar)

 

Vice Mayor Swegles moved, and Councilmember Howe seconded, to continue this item to the February 1, 2005 Council meeting.  The motion carried unanimously with Councilmembers Hamilton and Lee absent.

 

6.

RTC 04-456

Review of Construction Hours and Construction Duration for Attached Housing (Request for Continuance to January 11, 2005)

 

Councilmember Howe moved, and Councilmember Fowler seconded, to continue this item to the January 25, 2005 Council meeting when there is a full Council.  The motion carried unanimously with Councilmembers Hamilton and Lee absent.

 

7.

ORDINANCE NO. 2772-05

RTC 04-454

Introduction of an Ordinance Amending Chapter 9.90 of the Sunnyvale Municipal Code Pertaining to False Police and Fire Alarms

 

Byron Pipkin, Public Safety Deputy Chief, presented the staff report.

 

Staff responded to questions posed by the Council regarding reoccurrence of false alarms.

 

Mayor Chu opened the Public Hearing at 11:05 p.m. and, there being no public comments, closed the Public Hearing.

 

Councilmember Miller moved, and Vice Mayor Swegles seconded, to approve Alternative 1, introduce an ordinance and approve the proposed changes to Chapter 9.90 of the Sunnyvale Municipal Code relating to False Alarms.

 

At the request of the Mayor, the City Clerk read the title of the ordinance.

 

ORDINANCE NO. 2772-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE  AMENDING SECTION 9.90.090 OF THE SUNNYVALE MUNICIPAL CODE REGARDING FALSE ALARM FEES

 

The motion carried unanimously with Councilmembers Hamilton and Lee absent.

 

NON-AGENDA ITEMS & COMMENTS

 

COUNCIL

 

Councilmember Miller inquired about the inflatable sign on El Camino Real and the photo submitted by a member of the public depicting a large balloon on a very long tether also on El Camino Real.  Staff will provide a response in the Friday Report to Council.

 

STAFF

 

There were no comments.

 

INFORMATION ONLY ITEMS

 

Received and Filed - Tentative Council Meeting Agenda Calendar

Board of Library Trustees Unapproved Minutes of December 6, 2004

Child Care Advisory Board Unapproved Minutes of December 14, 2004

Parks and Recreation Commission Unapproved Minutes of December 8, 2004

Council Study Session Summary of December 14, 2004 – Valley Transportation  Authority Long-term Financial Strategy

 

ADJOURNMENT

 

Mayor Chu declared the meeting adjourned at 11:12 p.m. 

 

Susan Ramos, City Clerk