MINUTES
SUNNYVALE CITY COUNCIL
January 27, 2004
The City Council of the City of Sunnyvale adjourned from a 6:30 p.m. Closed Session regarding Personnel Matters – SEA Labor Negotiations Pursuant to G.C. Section 54957.6, a 7:00 p.m. Study Session regarding Council Business Visits, and 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, Acting City Manager
Chuck Schwabe, Deputy City Manager
Valerie J. Armento, City Attorney
Robert Paternoster, Director of Community Development
Mary Bradley, Director of Finance
Marvin Rose, Director of Public Works
Trudi Ryan, Planning Officer
Susan Ramos, City Clerk |
PUBLIC ANNOUNCEMENTS
Vice Mayor Chu announced the Council met in Closed Session regarding Personnel Matters – SEA Labor Negotiations Pursuant to G.C. Section 54957.6. Direction was given but no action was taken.
Bobbe Smirni, Chair of New Frontiers in Prevention of Breast Cancer, announced the 2004 project and requested the Council endorse the project and serve as co-sponsor by providing a location and facility for their October 2004 Breast Cancer Special Event.
Mayor Howe directed staff to discuss the matter further with Ms. Smirini and return with a recommendation to Council regarding the facility use and endorsement.
Seasmus Beall, a member of the public, requested a time frame to turn on the light on Fremont Avenue and the light on Mary Avenue. Mayor Howe directed that Mr. Beall’s contact information be forwarded to Public Works for a response.
Councilmember Miller presented Mayor Howe with a plaque from the National League of Cities honoring the City for 30 years of membership and dedicated service.
CONSENT CALENDAR
Councilmember Swegles requested item 1.C. be pulled from the Consent Calendar and considered separately. Councilmember Miller requested item 1.H. be pulled from the Consent Calendar and considered separately. H.jjjjfkfkfkd;la;lrfkkrVice Mayor Chu moved and Councilmember Miller seconded approval of the Consent Calendar with the exception of items 1.C. and 1.H. The motion carried unanimously.
Fiscal Items
|
1.C. |
RTC 04-027 |
List of Claims and Bills Approved for Payment by the City Manager (List No. 179 and 180)
|
Councilmember Swegles inquired about the $1,029 charge from Arrowhead Mountain Spring Water. Mary Bradley, Director of Finance, responded the City still maintains this service for City facilities that do not have drinking water available. Mayor Howe directed that staff provide Councilmember Swegles with information regarding the time period for payment made to Arrowhead Mountain Spring Water.
Councilmember Miller requested an update on the consultant costs released in April. Director Bradley responded staff is working on this and will provide the information to the Council as soon as possible.
Councilmember Lee inquired what the $14,000 charge from Malaco International was for. Director Bradley stated she would research this and report back on the charge.
Mayor Howe opened the Public Hearing at 7:50 p.m. and, there being no public comments, closed the Public Hearing.
Councilmember Swegles, moved, and Councilmember Miller seconded, to accept and approve the report. The motion carried unanimously.
|
1.D. |
RTC 04-028 |
Authorization to Amend an Existing Contract for Design and Construction Support Services for the Gresham Avenue and Cypress Avenue Water Main Replacement Project (No. F0312-39)
Staff Recommendation: Authorize the amendment of an existing contract with Nolte Associates, Inc., to provide design and construction support services for the replacement of water mains at Gresham, Cypress and Britton Avenues at a total cost not to exceed $56,492.
|
|
1.E. |
RTC 04-029 |
Award of Bid No. F0311-30 for Ortega Park Improvements
Staff Recommendation: Award a contract, in the amount of $517,500, to J.W. Riley and Sons, Inc., for the Base Bid and Additive Alternatives #1 and #2 for the Ortega Park Improvement Project, and approve a project contingency in the amount of $51,750. |
Personnel Items
|
1.F. |
RESOLUTION NO. 103-04
RTC 04-036 |
Fiscal Year 2003-2004 Employee Leave Donations Related to Layoffs - January/February 2004
Staff Recommendation: Authorize the voluntary donation by City employees of accrued vacation, paid time off (PTO) or paid leave, in order to provide funding to defer the layoff of nine (9) employees and/or to extend COBRA benefits, and to authorize the City to match funding on a 50/50 basis to a maximum City contribution of $40,525.
RESOLUTION NO. 103-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE APPROVING A VOLUNTARY LEAVE DONATION PROGRAM FOR FY 2003-2004 RELATED TO LAYOFFS JANUARY/FEBRUARY 2004 |
Other Items
|
1.G. |
RTC 04-030 |
City of Sunnyvale Investment Report 4th Quarter 2003
Staff Recommendation: Receive and file the investment report.
|
|
1.H. |
RTC 04-032
|
2004 Boards and Commissions Recruitment Plan
|
Susan Ramos, City Clerk, presented the staff report.
Councilmember Miller expressed concern with the December interview date for the Fall Recruitment and requested staff move the date.
Mayor Howe opened the Public Hearing at 7:55 p.m. and, there being no public comments, closed the Public Hearing.
Councilmember Miller moved, and Councilmember Swegles seconded, to approve the proposed recruitment schedule with the change of moving the Fall Recruitment interview date to the first or second week in January. The motion carried unanimously.
|
1.I. |
RTC 04-031
|
Annual Membership Dues for Intergovernmental Associations
Staff Recommendation: Approve payment of USCM membership dues for 2004. |
CITIZENS TO BE HEARD
|
2. |
RTC 04-026
|
Rockwell Homes: Request to Initiate a General Plan Amendment Study to Change the Land Use Designation for 612 and 616 Ahwanee Avenue from R-2 (Low-Medium Density Residential) to R-3 (Medium Density Residential)
|
Mayor Howe recused himself stating that he owns real property within 500 feet of the rezone area, and left the dais.
Trudi Ryan, Planning Officer, presented the staff report. She stated the City received a letter from Rockwell Homes requesting a General Plan Amendment Study to allow for a land use designation change from Low-medium Density Residential to Medium Density residential for two lots to develop18 town homes. Staff has reviewed the request and deemed it merits a study.
Vice Mayor Chu opened the Public Hearing at 7:50 p.m.
Michael Abdollahi, Vice President of Rockwell Homes (applicant), distributed a document to the Council and stated the purpose of this project was for a transition. He thanked staff for the report that captures the intent of the project.
In response to Councilmember Miller, Mr. Abdollahi stated he has not yet notified neighbors of the proposed change in land use. Ms. Ryan added there is no requirement for a study, but staff would notify residents if a General Plan Amendment is proposed. Councilmember Miller requested the neighbors be notified of the study.
Vice Mayor Chu closed the Public Hearing at 8:00 p.m.
Councilmember Miller moved, and Councilmember Swegles seconded, to authorize the initiation of the General Plan amendment study for the subject site from Low-Medium Density Residential to Medium Density Residential, with the developer to notify the surrounding neighborhood.
Councilmember Fowler offered a friendly amendment that the City do the noticing and not the developer. The amendment was not accepted.
Vice Mayor Chu offered a friendly amendment that the developer conduct an outreach to the surrounding neighborhood. The amendment was accepted.
The motion carried 6-0 with Mayor Howe stepping down.
|
3. |
RTC 04-025 |
Dahlin Group: Request to Initiate a General Plan Amendment Study to Change the Land Use Designation for 635 East El Camino Real from C-2 (Highway Business) to R-3 (Medium Density Residential)
|
At this juncture, Mayor Howe returned to the dais.
Trudi Ryan, Planning Officer, presented the staff report. She stated the City received a letter from Samuel Hardage, of Hardage Hotels, requesting a General Plan Amendment Study to allow a land use designation change from Highway Business/Planned Development to Medium Density Residential. The site is currently occupied by a business traveler hotel, and the applicant desires to convert this project to 54 ownership condominium units at a density of 22 units per acre. She stated the study would include a review of the advantages and disadvantages of a conversion of a commercial use to a residential use including the fiscal implications.
Mayor Howe opened the Public Hearing at 8:25 p.m.
Samuel Hardage, the Chairman of Whitman Suite Hotels (applicant), stated he would appreciate the Council’s consideration of their request and would consider increasing the density to R-4.
In response to Council questions, Mr. Hardage stated the project would utilize the existing building by combining two suites to make one unit with a significant remodel of both the inside and outside. He further stated there would be separate meters for utilities with the exception of water, and noted the need for affordable housing. He stated the project would take six to eight months to complete.
Mayor Howe closed the Public Hearing at 8:35 p.m.
Councilmember Lee moved, and Councilmember Hamilton seconded, to authorize the initiation of the General Plan Amendment Study for the subject site from Highway Business to Medium Density Residential.
Mayor Howe offered a friendly amendment for the study to include an estimated financial analysis on transient occupancy tax, property and other taxes projected for at least ten years. The amendment was accepted.
The motion carried unanimously.
|
4. |
RTC 04-033
|
Appeal of the Planning Commission Agenda of January 12, 2004 and Administrative Hearing Agenda of January 14, 2004 |
Councilmember Miller requested that the minutes reflect that the item under page 2 of the January 12, 2004 Draft Planning Commission Action Summary attachment, under Oral Communication which states “to consider the modification to the code where the property owner’s signature is required before an application is processed”, will not be coming back to Council per staff’s comments.
Councilmember Miller requested that staff brief her on the variance application listed under the Administrative Hearing Action Summary of January 14, 2004, under item 2, before the expiration of the appeal date.
|
5. |
RTC 04-034 |
Pre-Appeal of the Planning Commission Agenda of February 9, 2004 and Administrative Hearing Agenda of February 11, 2004
|
No action was taken.
NON-AGENDA ITEMS & COMMENTS
COUNCIL
Councilmember Fowler requested staff bring back a recommendation on the item regarding the fee of $0.23 per month for restoring sewer laterals throughout the City when the fee schedule is reviewed by the Council during the budget review process.
Councilmember Miller requested a status update on the repair of the traffic signal on Hollenbeck Avenue. Marvin Rose, Director of Public Works, responded the plan is to move the light to a new location and replace it with a solar light.
Councilmember Miller announced her appointment as Chair to the ABAG Finance and Personnel Committee for a term of two years.
Councilmember Miller requested staff provide an explanation as to the delay in receiving and posting receipt of utility payments and whether the 30 day time could be shortened. Director Bradley responded the utility rates will be reviewed in April and the 30 day time period could be assessed at that time.
Councilmember Swegles requested a status update on the right hand turn lane project on Tasman and Fair Oaks.
Mayor Howe noted that Councilmember Lee will be on military duty from February 1 to February 15 and his absences would be excused.
Vice Mayor Chu congratulated Director Bradley on winning the Chamber of Commerce Athena Award in recognition of extraordinary community service.
Councilmember Swegles noted that Mayor Howe was quoted in the New York Times.
STAFF
There were no comments.
ADJOURNMENT
Mayor Howe declared the meeting adjourned at 9:00 p.m. and convened to a Closed Session regarding Update on the Town Center Mall Negotiations, pursuant to Government Code 54956.8. Mayor Howe adjourned the Closed Session at 10:40 p.m.
Respectfully submitted,
Susan Ramos, City Clerk