MINUTES
SUNNYVALE CITY COUNCIL
March 1, 2005
The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Redevelopment Agency Closed Session regarding Conference with Real Property Negotiator Pursuant to Government Code 54956.8; Property, Town Center Mall; Agency Negotiator: Executive Director, and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:00 p.m., with Mayor Chu presiding.
SALUTE TO THE FLAG
Mayor Chu led the salute to the flag.
ROLL CALL
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PRESENT:
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Mayor Dean J. Chu
Vice Mayor Ron Swegles
Councilmember Fred Fowler
Councilmember Julia Miller
Councilmember John Howe
Councilmember Melinda Hamilton
Councilmember Otto Lee
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Staff Present: |
Amy Chan, City Manager
Joan Borger, Interim City Attorney
Robert Walker, Assistant City Manager
Robert Paternoster, Director of Community Development
Curtis Black, Interim Director of Parks and Recreation
Trudi Ryan, Planning Officer
Diana O’Dell, Senior Planner
Susan Ramos, City Clerk |
SPECIAL ORDER OF THE DAY
Mayor Chu presented a Certificate of Gratitude to Mr. Raj Bhanot of the Sunnyvale Hindu Temple, and Mr. Uday Nyak of SEWA International, for their efforts to raise donations for the Tsunami Relief.
Mayor Chu invited Ms. Benita Duran, Vice President and Director of State and Local Government Affairs at SH2M Hill, and Mark Janay, San Jose Area Manager for CH2M Hill, to the podium to give a brief presentation regarding the “Silver Award” for the 2004 James C. Howland Awards for Municipal Enrichment that was presented to the City of Sunnyvale at the National League of Cities “Congress of Cities” Conference last December.
Mayor Chu invited officials from the Republic of Lithuania to the podium and presented a Certificate of Welcome and Appreciation to Mr. Viktor Uspaskich, Minister of Economy of the Republic of Lithuania, as well as gifts for all the officials from the Republic of Lithuania.
PUBLIC ANNOUNCEMENTS
Councilmember Fowler made the following announcements on behalf of the Council:
The Division of Transportation and Traffic will be holding a community outreach meeting on March 2 at 7:00 p.m., Raynor Park Building, 1565 Quail Avenue, to seek community input on a proposed project to construct a bike route on Wolfe Road and Homestead Avenue to El Camino Real.
The Department of Public Safety’s Volunteers in Public Service program is currently seeking volunteers. For more information, call 730-7533 or email volunteerresources@ci.sunnyvale.ca.us.
Councilmember Miller congratulated Willie Krause, as the new president of the Silicon Valley Realtors Association.
Rich Shapiro, invited the public to join him in his protest regarding Public Safety.
Donna Valentine and Joshua Sperry, of Communications Workers of America Local 9423, expressed concerns regarding Comcast worker’s wages, customer safety, and franchise user fees. For more information, call (408) 278-9446 or visit their website at www.cwa9423.com.
Councilmember Lee requested Council be provided with a status report on the renewal of the City’s franchise cable agreement with Comcast.
Mayor Chu welcomed the new Assistant City Manager, Robert Walker, who was the former Sunnyvale Director of Parks and Recreation.
CONSENT CALENDAR
Vice Mayor Swegles moved, and Councilmember Miller seconded, to approve the Consent Calendar as presented. The motion carried unanimously.
Fiscal Items
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1.C. |
RTC 05-057 |
Lists of Claims and Bills Approved for Payment by the City Manager (No. 235 and 236)
Staff Recommendation: Review lists of bills.
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1.D. |
RTC 05-058 |
Transmittal of Performance Audit Report of Fiscal Year 2001/2002 Fire Services Program
Staff Recommendation: To receive the audit report and concur with management’s acceptance of recommendations.
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1.E. |
RTC 05-059 |
Acceptance of Fiscal Year 2004/2005 Transportation Fund for Clean Air Grant Funds for In-Pavement Crosswalk Warning Lights and Budget Modification No. 27
Staff Recommendation: Approve Budget Modification No. 27 to accept the grant, appropriate the grant and appropriate $83,100 in Gas Tax monies as local agency matching funds to the In-Pavement Crosswalk Warning Lights project.
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1.F. |
RTC 05-060 |
Below Market Rate (BMR) Audit Actions – Purchase of 969-2 Asilomar terrace, Sunnyvale
Staff Recommendation: Approval to purchase property.
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Personnel Items
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1.G. |
RESOLUTION NO. 152-05
RTC 05-067
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Management/Confidential Leave Program and Related Salary Resolution
Staff Recommendation: Approve the recommendations contained in this report regarding the Management and Confidential Leave Programs, including incorporation of related Salary Resolution provisions; and the update of the Annual Salary Resolution.
RESOLUTION NO. 152-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING CERTAIN SECTIONS OF EXHIBIT 1 ATTACHED TO RESOLUTION NO. 131-04, THE CITY’S SALARY RESOLUTION FOR FISCAL YEAR 2004-2005
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1.H. |
RESOLUTION NO. 153-05
RTC 06-061
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Amendment to the Classification Plan and Salary Resolution: Internal Auditor and Senior Internal Auditor
Staff Recommendation: Inclusion of the new classifications Internal Auditor and Senior Internal Auditor into the City’s Classification Plan and Salary Resolution.
RESOLUTION NO. 153-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE CLASSIFICATION PLAN OF THE CIVIL SERVICE BY ADDING THE NEW JOB CLASSIFICATIONS OF INTERNAL AUDITOR AND SENIOR INTERNAL AUDITOR; AND BY ADDING THE CLASSIFICATION SPECIFICATIONS THEREFOR
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Contracts
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1.I. |
RTC 05-062 |
Award of Bid No. F0411-19 for Oxidation Pond Levee Improvements at the Water Pollution Control Plant
Staff Recommendation: 1. Award a contract, in substantially the same form as the attached draft and in the amount of $718,850, to HSR, Inc. for oxidation pond levee improvements at the Water Pollution Control Plant; 2. Approve a project contingency in the amount of $59,306; 3. Approve Budget Modification No. 28.
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1.J. |
RTC 05-068 |
Amendment of Existing Contract With Keyser Marston Associates for Downtown Development Economic Analysis
Staff Recommendation: Approve extension of contract.
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Other Items
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1.K. |
RTC 05-063
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Amendment to the Memorandum of Agreement for Participation in the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP)
Staff Recommendation: Authorize the City Manager to sign the Amendment to the MOA, allowing the City’s continued participation in the SCVURPPP. This action is supportive of the area-wide urban runoff pollution prevention program and will allow for cost-effective implementation of the current storm water permit and negotiation of the next permit.
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CITIZENS TO BE HEARD
Bud Kundich, a member of the public, expressed concerns regarding the Mary Avenue bicycle/pedestrian Bridge over Highway 280 regarding safety and security. He requested support from the City and staff regarding his concerns.
Rich Shapiro, a member of the public, expressed concerns regarding the Department of Public Safety.
PUBLIC HEARINGS/GENERAL BUSINESS
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2. |
RTC 05-056 |
Serra Little League Request for a Memorial Recognition Plaque
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Vice Mayor Swegles recused himself from this item due to a potential conflict of interest, and left the dais.
Curtis Black, Interim Director of Parks and Recreation, presented the staff report.
Mayor Chu opened the Public Hearing at 7:56 p.m.
Scott Erwin, a member of the public, provided the Council with a binder with supporting background regarding Bob Bernhardt and advocated that the Council approve the memorial plaque.
Ron Swegles, a member of the public, gave the background of his association with Mr. Bernhardt and advocated for the memorial plaque.
Cindy Hardy, a member of the public, provided the Council with her experience and association with Mr. Bernhardt and requested Council approve the plaque.
Kevin Fitzpatrick, President of Serra Little League, relayed his experience with Mr. Bernhardt and urged Council to approve the memorial plaque.
Mayor Chu Closed the Public Hearing at 8:12 p.m.
Councilmember Howe moved, Councilmember Miller seconded, to approve Alternative 1, authorize the installation of a 7” x 9” plaque in memoriam of Bob Bernhardt on the backstop of the Serra Park ball field as proposed by and at the cost of the Serra Little League. The motion carried with Vice Mayor Swegles recusing himself due to a potential conflict of interest.
At this juncture, Vice Mayor Swegles returned to the dais.
Diana O’Dell, Senior Planner, assisted by Trudi Ryan, Planning Officer, presented the staff report.
Staff responded to questions posed by the Council regarding directional signs, the visibility of signs, the height of the signs, repair of existing signs, Sunnyvale banners, number of signs that are higher than fifteen feet, and areas impacted by the proposed ordinance.
Mayor Chu opened the Public Hearing at 8:30 p.m.
John Tze, a member of the public, stated he supports the proposed ordinance and urged the Council to approve it.
Arthur Schwartz, a member of the public, spoke in support of the ordinance and stated there should be a maximum on the size of wall signs. He stated he is opposed to restricted parking in front of dealerships and spoke in support of extending the curb.
Larry Meola, of Sunnyvale Ford, thanked staff for their work and distributed photos to the Council showing current signage for several dealerships and stated that they have had meetings with residents. He requested that signs be allowed to be twenty five feet in height and that bounce houses be considered for special occasions. He responded to questions from the Council.
Mark Balestra, of Pearson Buick-Pontiac-GMAC, stated they are in the process of remodeling their building and signs and expressed concern on reducing the height of their current twenty five foot sign. He requested the Council approve a twenty-five foot height limit for signs. He responded to questions from the Council.
Arthur Schwatz, a member of the public, stated the street numbers on the buildings were too small to see from the road.
Phyllis Fowler, a member of the public, expressed concern about insufficient directional signage and street numbers in front of the dealerships and advocated to retain the on street parking in front of dealerships.
Steve (name illegible), of Sunnyvale Lincoln/Mercury, expressed concerns about directional signs and the impact on customers, and advocated for the use of bounce houses for special promotions as part of the temporary signage.
Mayor Chu Closed the Public Hearing at 9:15 p.m.
Councilmember Howe moved, and Vice Mayor Swegles seconded, to introduce the proposed Ordinance as recommended by staff with the following amendments: 1) Change the ground signs to a height of 25 feet only for businesses located on El Camino Real; 2) direct staff to work with various business establishments allowing directional ground signs up to 7 feet.
Vice Mayor Swegles offered a friendly amendment for the height to be a maximum of 25 feet. The amendment was accepted.
Vice Mayor Swegles offered a friendly amendment to exempt the use of bounce houses on site during weekends and holidays by any business in Sunnyvale from the proposed regulations. The amendment was accepted.
Councilmember Howe directed staff to revisit the implementation measures taken for this ordinance in 3 years to help ensure that it continues to help businesses remain competitive through signage and to look at requiring permits for the use of bounce houses.
Councilmember Howe amended his motion to include allowing staff to work with businesses on the location of their address numbering and lettering during the permit review process. Vice Mayor Swegles accepted the amended motion.
At the request of the Mayor, the City Clerk read the title of the Ordinance.
ORDINANCE NO. 2776-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING PORTIONS OF CHAPTER 19.12 AND CHAPTER 19.44 OF THE SUNNYVALE MUNICIPAL CODE RELATED TO ZONING DEFINITIONS AND SIGN REGULATIONS as amended tonight
The motion carried unanimously.
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4. |
ORDINANCE
NO. 2775-05 |
Adoption of an Ordinance Amending the Precise Zoning Plan, Zoning Districts Map, to Rezone Certain Property Located at 775 South Wolfe Road From R-3/PD (Medium Density Residential/Planned Development) to R-2/PD (Low-Medium Density Residential/Planned Development) Zoning District |
At the request of the Mayor, the City Clerk read the title of the ordinance.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE PRECISE ZONING PLAN, ZONING DISTRICTS MAP, TO REZONE CERTAIN PROPERTY LOCATED AT 775 SOUTH WOLFE ROAD FROM R-3/PD (MEDIUM DENSITY RESIDENTIAL/PLANNED DEVELOPMENT) TO R-2/PD (LOW MEDIUM DENSITY RESIDENTIAL/PLANNED DEVELOPMENT) ZONING DISTRICT
Mayor Chu opened the Public Hearing at 9:40 p.m. and, there being no public comments, closed the Public Hearing.
Councilmember Howe moved, and Councilmember Fowler seconded, to adopt the ordinance. The motion carried unanimously.
NON-AGENDA ITEMS & COMMENTS
COUNCIL
At the request of Mayor Chu, there was Council consensus to move the budget workshop scheduled for Tuesday, May 24, to Monday, May 23.
STAFF
There were no comments.
INFORMATION ONLY ITEMS – Received and Filed
Tentative Council Meeting Agenda Calendar (doc format)
RTC 05-050, Update: Cricket Play at Ortega Park
RTC 05-065, Appeal Report of the Planning Commission Agenda of February 14, 2005 and the Administrative Hearing Agenda of February 16, 2005
Board of Library Trustees Unapproved Minutes of February 7, 2005
Parks and Recreation Commission Unapproved Minutes of February 9, 2005
Planning Commission Unapproved Minutes of February 14, 2005
Study Session Summary of February 15, 2005 - Review of Performance Audit Report of Fire Services Program
ADJOURNMENT
Mayor Chu declared the meeting adjourned at 9:45 p.m. and reconvened to the Redevelopment Agency Closed Session.
Susan Ramos, City Clerk