MINUTES
SUNNYVALE CITY COUNCIL
JULY 28, 1998
The City Council of the City of Sunnyvale met in a regularly scheduled meeting in the City Council Chambers, 456 W. Olive Avenue, Sunnyvale, California, at 7:30 p.m., with Mayor Jim Roberts presiding.
SALUTE TO THE FLAG
ROLL CALL
PRESENT: Jack Walker, Pat Vorreiter, Jim Roberts, Stan Kawczynski, Fred Fowler, Julia Miller
ABSENT: Manuel Valerio (Personal Leave)
ALSO PRESENT: Robert S. LaSala, City Manager
Valerie J. Armento, City Attorney
Amy Chan, Assistant City Manager
David Boesch, Director of Community Development
David Vossbrink, Community Relations Officer
CONSENT CALENDAR
1A. |
APPROVAL OF MINUTES (JULY 21, 1998) VORREITER moved approval of minutes as submitted, seconded by MILLER and carried with ROBERTS abstaining and VALERIO absent. |
1B. |
LIST OF CLAIMS AND BILLS APPROVED FOR PAYMENT BY THE CITY MANAGER. REPORT NO. 98-265 STAFF RECOMMENDATION That Council review the bills. VORREITER moved approval of bills, seconded by MILLER and carried with VALERIO absent. |
1C. |
AWARD OF BID #F9701-41: ELECTRICAL SERVICES. REPORT NO. 98-262 STAFF RECOMMENDATION That Council award a three-year contract to Ehlers Electric Company of Sunnyvale to provide electrical services on an "as needed" basis for City departments. VORREITER moved to award a three-year contract to Ehlers Electric Company of Sunnyvale to provide electrical services on an "as needed" basis for City departments, seconded by MILLER and carried with VALERIO absent.
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1D. |
AMENDMENT TO THE CLASSIFICATION PLAN AND SALARY RESOLUTION: PERMIT TECHNICIAN. REPORT NO. 98-270 STAFF RECOMMENDATION That Council adopt the resolutions. Title of Resolution No.141-98: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE CLASSIFICATION PLAN OF THE CIVIL SERVICE BY CREATING THE JOB CLASSIFICATION TITLE OF PERMIT TECHNICIAN AND BY ADDING THE CLASSIFICATION SPECIFICATIONS THEREFOR. VORREITER moved adoption of Resolution No. 141-98, seconded by MILLER and carried by the following roll call vote: AYES: WALKER, VORREITER, ROBERTS, KAWCZYNSKI, FOWLER, MILLER NOES: NONE ABSENT: VALERIO Title of Resolution No.142-98: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE RESOLUTION NO. 101-98, THE CITYS SALARY RESOLUTION, BY ADDING A PAY SCHEDULE FOR THE NEW CLASSIFICATION OF PERMIT TECHNICIAN. VORREITER moved adoption of Resolution No. 142-98, seconded by MILLER and carried by the following roll call vote: AYES: WALKER, VORREITER, ROBERTS, KAWCZYNSKI, FOWLER, MILLER NOES: NONE ABSENT: VALERIO
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1E. |
AMENDMENT OF CONSULTANT SERVICES AGREEMENT WITH KENNEDY/JENKS CONSULTANTS FOR THE RECLAIMED WATER DISTRIBUTION SYSTEM PHASE IIb, IIc, AND IId (UW-96-2) REPORT NO. 98-267STAFF RECOMMENDATION That Council authorize the City Manager to sign the professional services agreement amendment with Kennedy/Jenks Consultants. VORREITER moved to authorize the City Manager to sign the professional services agreement amendment with Kennedy/Jenks Consultants, seconded by MILLER and carried with VALERIO absent.
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PUBLIC HEARINGS/GENERAL BUSINESS
2. |
SENIOR CENTER OPTIONS. REPORT NO. 98-263 STAFF RECOMMENDATION That Council approve alternate #4; and direct staff to prepare a RFP to pursue the development of plans and cost estimates for a 14,000 s.f. addition to the Community Center for older adult programs and activities and approve an associated budget modification of $50,000 for developing preliminary plans. This option will necessitate shared use of space by older adults with other user groups. That Council direct stall also develop a capital project for construction of this addition to the Community Center complex, at an estimated total 26 year cost of $13,475,106. Staff will return to Council upon completion of the preliminary plans and make further recommendations as to whether or not to proceed with construction based on a cost/benefit analysis. Public input would include focussed attention on the Community Center neighborhood. John Lawrence, Leisure Services Manager, presented the staff report. Robert Walker, Director of Parks & Recreation, and Mary Bradley, Director of Finance, were also available to respond to Council questions. The public hearing was declared open at 7:55 p.m. Appearances: Ron Swegles, Chairperson/Parks & Recreation Commission Mr. Swegles indicated Parks & Recreation Commission recommendation was for Alternative #8, which would construct a 20,000 sq. ft. building at the Community Center physically separate from existing Community Center buildings and named "Senior Center." He added that the Commission further recommended that a facility for Sunnyvale Community Services not be provided at Washington Park, the Community Center or any open space parkland and that other alternatives be explored that would meet the needs of Sunnyvale Community Services. The Commission met on July 8, 1998. Helen DeWolf, Chairperson, Sunnyvale Advisory Committee for Senior Center Ms. DeWolf, acting as spokeperson for Senior Center proponents, submitted petition for new senior center, with approximately 1301 signatures. Ms. DeWolf commented on the following objectives for the proposed senior center:
Jean McLaughlin, 485 Purisima Representing Washington Park Neighborhood Association Ms. McLaughlin expressed opposition to the use of a non park and recreation building at Washington Park. She expressed concern of the park becoming overcrowded and safety issues. Sunnyvale Resident commented on contacting private sector companies for funding of proposed senior center. The public hearing was declared closed at 8:35 p.m. MILLER moved to direct staff to prepare a request for proposal for a stand alone, single story structure, to be located at the Community Center complex, 23,000 sq.ft., center to include digital computerization capability; and to approve a $50,000 budget modification for developing preliminary plans, seconded by KAWCZYNSKI and carried with VALERIO absent. |
Mayor Roberts declared a 5-minute recess at 8:45 p.m. to excuse members of the public from Agenda Item No. 2. The meeting reconvened at 8:50 p.m. with Vice Mayor Valerio absent.
At this time Robert LaSala, City Manager, referred to Agenda Item No. 3: Parking District Assessment. Mr. LaSala asked the public if there were any property owners that had not submitted their ballots do so at this time. Mr. LaSala commented that Finance staff would tally the ballots and return to open the public hearing.
Mayor Roberts moved to Agenda Item No. 5.
| 5. | CALLING 1998 SPECIAL MUNICIPAL ELECTION AND REQUESTING CONSOLIDATION AND CONTRACT FOR SERVICES WITH THE COUNTY REGISTRAR OF VOTERS (NOVEMBER 3, 1998); AND APPROVAL OF BUDGET MODIFICATION #5. REPORT NO. 98-271 STAFF RECOMMENDATION That Council adopt the resolution. Carol Ann Butler, Deputy City Clerk, presented the staff report. The public hearing was declared open at 9:00 p.m. The following persons spoke in opposition to the companion measure being placed on the November 3, 1998 Special Election ballot: Kelly Fitzgerald, President/Public Safety Officers Association Jim Davis, Representing Peace Officers Research Assoc. of Calif. Loyd Williams, Business Mgr./Plumbers Union Harry Adams, Political & Community Relations Dir./SEIU Local 715 Bill Brill, IBEW 1245 Electrical Union John LaTour, President/Hotel & Restaurant Employees Amy Dean, Executive Officer/South Bay AFL-CIO Labor Council Tony Spitaleri, 545 S. Frances St. The public hearing was declared closed at 10:20 p.m. Title of Resolution No. 143-98: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE CALLING A SPECIAL ELECTION TO BE HELD IN THE CITY OF SUNNYVALE ON NOVEMBER 3,1998, FOR THE PURPOSE OF SUBMITTING TO THE VOTERS OF THE CITY TWO MEASURES CONCERNING BINDING ARBITRATION AND LABOR AGREEMENTS, REQUESTING ELECTION CONSOLIDATION AND THE SERVICES OF THE REGISTRAR OF VOTERS. ROBERTS moved adoption of Resolution No. 143-98. The motion died for lack of second. ROBERTS moved adoption of Resolution No. 143-98, with following amendments to the companion measure to read: "Shall the Sunnyvale City Charter be amended to require voter appoval of any labor agreement resulting from binding arbitration or fact finding before the agreement may become effective, if the provisions negatively affect management rights or require additional revenues or appropriations, or if either side wishes to seek voter approval?", seconded by VORREITER. ROBERTS added the following paragraph to Section 1109 of the Charter: Any arbitration decision or portion thereof may be subject to voter approval if, after the arbitration decision is rendered, either side wishes to have the matter submitted to the voters. The side seeking the voter approval shall be responsible for the costs of the election, or portion thereof, pertaining to the arbitration decision. KAWCZYNSKI called for a substitute motion to request a one week continuance to receive additional information from staff regarding fiscal impact on those cities that have binding arbitration, as well as reasons that the California Chamber of Commerce supports these issues, seconded by MILLER and failed with WALKER, VORREITER, ROBERTS, FOWLER dissenting and VALERIO absent. The vote on ROBERTS original motion was taken and failed by a split vote: AYES: WALKER, VORREITER, ROBERTS NOES: KAWCZYNSKI, FOWLER, MILLER ABSENT: VALERIO FOWLER moved adoption of Resolution No. 143-98 with the amendment to strike the words "two measures" and insert "one measure," eliminating the companion measure, seconded by KAWCZYNSKI and carried by the following roll call vote: AYES: WALKER, VORREITER, ROBERTS, KAWCZYNSKI, FOWLER, MILLER NOES: NONE ABSENT: VALERIO RESOLUTION NO. 143-98 AS AMENDED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE CALLING A SPECIAL ELECTION TO BE HELD IN THE CITY OF SUNNYVALE ON NOVEMBER 3,1998, FOR THE PURPOSE OF SUBMITTING TO THE VOTERS OF THE CITY ONE MEASURE CONCERNING BINDING ARBITRATION AND LABOR AGREEMENTS, REQUESTING ELECTION CONSOLIDATION AND THE SERVICES OF THE REGISTRAR OF VOTERS. |
Mayor Roberts declared a 5-minute recess at 10:40 p.m., reconvening at 10:45 p.m., with Councilmember Walker excused from the meeting and Councilmember Valerio absent.
3. |
PARKING DISTRICT ASSESSMENT. REPORT NO. 98-266 STAFF RECOMMENDATION That Council adopt the resolution. Mary Bradley, Director of Finance, presented the staff report. Carol Ann Butler, Deputy City Clerk, announced that no protests had been filed with the City Clerk. The public hearing was declared open and closed at 10:50 p.m. Mary Bradley, Director of Finance, announced the results of the tallied ballots on formation of Downtown Parking District and Levying of Assessment. Ms. Bradley indicated that the majority of property owners voted in favor of the resolution. $74,770 YES $48,844 - NO Title of Resolution No. 144-98: RESOLUTION OF THE CITY OF SUNNYVALE ORDERING IMPROVEMENT AND FORMATION OF THE ASSESSMENT DISTRICT, CONFIRMING REPORT AND LEVYING FIRST ANNUAL ASSESSMENT. (DOWNTOWN PARKING MAINTENANCE DISTRICT PURSUANT TO CHAPTER 14.26 OF THE SUNNYVALE MUNICIPAL CODE) VORREITER moved adoption of Resolution No.144-98, seconded by FOWLER and carried by the following roll call vote: AYES: VORREITER, ROBERTS, KAWCZYNSKI, FOWLER, MILLER NOES: NONE ABSENT: WALKER & VALERIO |
4. |
WEED ABATEMENT LIST. REPORT NO. 98-268 STAFF RECOMMENDATION That Council adopt the resolution. David Boesch, Director of Community Development, presented the staff report. The public hearing was declared open and closed at 10:53 p.m. Title of Resolution No. 145-98: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE CONFIRMING THE DIRECTOR OF COMMUNITY DEVELOPMENTS REPORT AND ASSESSMENT LIST FOR WEED ABATEMENT. FOWLER moved adoption of Resolution No. 145-98, seconded by KAWCZYNSKI and carried by the following roll call vote: AYES: VORREITER, ROBERTS, KAWCZYNSKI, FOWLER, MILLER NOES: NONE ABSENT: WALKER & VALERIO |
6. |
APPEAL OF THE ADMINISTRATIVE HEARING AGENDA OF JULY 15TH. REPORT NO. 98-269 STAFF RECOMMENDATION That Council review the agenda and appeal an application where appropriate. No action taken. |
NON-AGENDA ITEMS AND COMMENTS
COUNCIL |
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NAC-1 |
Councilmember Kawczynski commented on new restaurant to be located at the recently remodeled Dicks Lakewood Village Shopping Center. |
NAC-2 |
Councilmember Miller commented on status of Joint Venture Vision 2010. David Boesch, Director of Community Development, indicated that Joint Venture had been contacted and will make the video available to be broadcast on KSUN. He added that Joint Venture anticipates a public outreach this fall and is interested in making a future presentation to City Council. |
NAC-3 |
Councilmember Kawczynski announced there would be a digital art display at the Santa Clara County Fair which opens July 31st. |
NAC-4 |
Councilmember Fowler thanked Mayor Roberts for giving him the opportunity to participate in the Fil-Am Association of Lakewood Village, in celebrating their 22nd Anniversary. |
ADJOURNMENT
There being no further business the Mayor declared the meeting adjourned at
10: 55 p.m.
Respectfully submitted,
Carol Ann Butler
Deputy City Clerk