MINUTES
 SUNNYVALE CITY COUNCIL 
MARCH 23, 2004

 

The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Closed Session regarding Update of Town Center Mall Negotiations, 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:

 

 

 

 

 

 

Absent:

 

Mayor John Howe

Vice Mayor Dean Chu

Councilmember Julia Miller

Councilmember Ron Swegles

Councilmember Melinda Hamilton

Councilmember Otto Lee

 

Councilmember Fowler

 

 

Staff Present:

 

 

 

 

 

 

Amy Chan, City Manager

Chuck Schwabe, Deputy City Manager

Valerie J. Armento, City Attorney

Robert Paternoster, Director of Community Development

Marvin Rose, Director of Public Works

Susan Ramos, City Clerk

PUBLIC ANNOUNCEMENTS

 

Vice Mayor Chu announced the Council met in Closed Session on an update on the Town Center Mall Negotiations.   The session will be continued after the regular Council meeting.  No direction was given and no action was taken.

 

Councilmember Miller made the following announcement on behalf of the Council:

 

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

 

Eligible candidates must be a Sunnyvale resident and be a registered voter.  An information meeting will be held on April 14 at 6:00 p.m. at the Sunnyvale City Hall West Conference Room.  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.

 

Mayor Howe noted that the minutes for the March 26 regular Council meeting have been revised and the revisions are noted in a memo from the City Clerk.

 

CONSENT CALENDAR

 

Mayor Howe requested item 1.F. be pulled from the Consent Calendar and considered separately. Councilmember Swegles requested item 1.A. (Special Meeting of March 16) be pulled from the Consent Calendar and considered separately.  Vice Mayor Chu moved, and Councilmember Miller seconded, approval of the Consent Calendar. The motion carried unanimously with Councilmember Fowler absent.

 

1.A.

 

Approval of Draft Minutes (Regular Meeting of March 16,  and Special Meetings of March 13, 2004 and March 16, 2004)

 

Councilmember Swegles moved, and Councilmember Hamilton seconded, approval of the March 16 Special Council Meeting Minutes as amended.  The motion carried unanimously with Councilmember Fowler absent.

 

1.B.

 

 

Approval of Information/Action Items - Council Directions to Staff

Fiscal Items

 

1.C.

RTC 04-103

List of Claims and Bills Approved for Payment by the City Manager (List No. 188)

 

Staff Recommendation: Review the attached list of bills.

 

1.D.

RTC 04-102

Award of Contract for the Purchase of Equipment to Upgrade the City's Roadway Median and Island Irrigation System

(No. F0302-51)

 

Staff Recommendation: Award a contract, in an amount not to exceed $79,768, to United Green Tech, Inc., for equipment to upgrade the existing Rain Master "Evolution" Series satellite-controlled irrigation system

 

1.E.

RTC 04-104

Award of Bid No. F0302-49 for the Application of Slurry Seal on Streets and Parking Lots Throughout the City

 

Staff Recommendation: Award a contract, in the amount of $204,572, to Graham Contractors, Inc., for the application of slurry seal on various Sunnyvale streets; and approve a project contingency in the amount of $20,457.

 

1.F.

RTC 04-094

Authorization for Additional Expenditures Under an Existing Contract to Prepare a Subsequent Environmental Impact Report for the Downtown Specific Plan Update (No. F0303-52) (continued from March 16, 2004 Council Meeting)

 

Mayor Howe opened the Public Hearing at 7:37 p.m. and, there being no public comments, closed the Public Hearing. 

 

Mayor Howe noted that this item was continued from the 3/16 Council meeting pending a response from the City Attorney regarding whether the City was obligated to pay for the additional work.  It was the City Attorney’s opinion that the City was obligated to pay whether the Council approved it or not.

 

Mayor Howe directed staff to schedule a study session in six weeks to review and discuss the Council approval process for contracts and agreements before they are contracted or paid for.

 

Mayor Howe moved, and Councilmember Swegles seconded, to authorize additional expenditures under an existing contract with Wagstaff & Associates to prepare a Subsequent Environmental Impact Report for an update to the Downtown Specific Plan.  The motion carried unanimously with Councilmember Fowler absent.

 

Contracts

1.G.

RTC 04-106

New Natural Gas Purchase Agreement for Water Pollution Control Plant

 

Staff Recommendation: Authorize the City Manager to execute an Evergreen Agreement for purchase of natural gas from State of California Department of General Service (DGS), Natural Gas Service Division for non-core service and an agreement for discounted transportation service from PG&E under new Rate Schedule G-EG.

 

Other Items

 

1.H.

RTC 04-097

Authorization for NOVA to Submit a Proposal for a Demand-Driven System Case Study Grant Through the Department of Labor in the Amount of $48,500.

 

Staff Recommendation: On behalf of the NOVA seven-city consortium, concur with the decision of the NOVA Workforce Board and adopt Alternative 1: Council approves submission of a proposal to the U. S. Department of Labor for a Demand-Driven System Case Study Grant. It is further recommended that the City Manager or his designee be authorized to execute the necessary grant agreement and subcontract relative to this grant.

 

CITIZENS TO BE HEARD

 

Steve Fisk, a member of the public, commented about an article in the Sunnyvale Sun regarding a public record request received by the City from Tim Risch for timecards of Mr. Fisk for a particular period of time.

 

City Attorney Armento noted that this matter went before the Court on March 12 and it will decide if these are public records subject to disclosure.

 

Thom Mayer, Chairman of the Bicycle and Pedestrian Advisory Council, made comments about the lack of signage posted at the train station for the rules for non-subscription bicycle parking lockers.  He asked if staff could look into the status of the signs and who is responsible for posting the signs.  Mayor Howe requested the Director of Public Works look into the matter.

 

PUBLIC HEARINGS/GENERAL BUSINESS

 

2.

RTC 04-096

 

Approval for the Transfer of Loans on Homestead Park for Construction of Moulton Plaza, 1601 Tenaka Place, by Mid-Peninsula Housing Coalition

 

Annabel Yurutucu, Housing Officer, presented the staff report.

 

Mayor Howe opened the Public Hearing at 7:56 p.m. and, there being no public comments, closed the Public Hearing.

 

Councilmember Swegles moved, and Councilmember Miller seconded, to approve the transfer of $1,715,500 loan secured on the entire Homestead Park site, to the portion of the site now known as Moulton Plaza. Approve the transfer of $1,100,000 loan to the reconfigured Homestead Park site.  The motion carried unanimously.

 

NON-AGENDA ITEMS & COMMENTS

 

COUNCIL

 

Councilmember Miller requested a timeline from the Director of Public Works for a signage at the Caltrain station center to indicate that parking is allowed after 6:00 p.m. free of charge to citizens. Director Rose responded it should be done within the next two weeks.

 

Councilmember Hamilton directed staff to schedule a Study Issue item in December regarding the City’s policy on auto maintenance and repair work conducted on residential property.

 

It was the consensus of the Council to direct Council questions of staff on Consent Calendar items by email to the City Manager by noon on Monday before the meeting date, and the City Manager will route the questions to the appropriate staff member for a response in time before the Council meeting.  In addition, if staff should need more time to provide a response, the consent calendar item in question could be continued to the next Council meeting.  Mayor Howe requested the City Manager direct staff to respond to Councilmember questions in a timely manner. He also commented that this new process will be in effect for a one month trial period.

 

STAFF

 

There were no comments.

 

ADJOURNMENT

 

Mayor Howe declared the meeting adjourned at 8:05 p.m. and reconvened the Closed Session at 8:15 p.m. regarding the Town Center Mall Negotiations.  Mayor Howe declared the Closed Session adjourned at 8:55 p.m.

 

Respectfully submitted,

Susan Ramos, City Clerk