City Council Minutes

MINUTES
SUNNYVALE CITY COUNCIL
AUGUST 18, 1998

The City Council of the City of Sunnyvale adjourned from Closed Session/Labor Relations – PSOA Negotiations to 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

SPECIAL ORDER OF THE DAY: RECOGNITION OF 129^TH AIR RESCUE WING.

Mayor Roberts welcomed Col. Steve Speer, Commanding Officer of the 129^th Air Rescue Wing station at Moffett Federal Airfield. Mayor Roberts called on Councilmember Vorreiter to make the presentation to Col. Speer. Councilmember Vorreiter, on behalf of the City of Sunnyvale, acknowledged the good work of the men and women of the 129^th, and expressed appreciation for all that they do.

Col. Spear accepted the proclamation and expressed his thanks to the City.

Announcement

At this time Mayor Roberts indicated the City Council had met in Closed Session to discuss Labor Relations/PSOA Negotiations (Gov’t. Code Section 54957.6). Mayor Roberts noted that no action was taken and direction was given.

ROLL CALL

PRESENT: Jack Walker, Pat Vorreiter, Manuel Valerio, Jim Roberts, Stan Kawczynski, Fred Fowler, Julia Miller

ABSENT: None

ALSO PRESENT: Robert S. LaSala, City Manager
Valerie J. Armento, City Attorney
Amy Chan, Assistant City Manager
David Boesch, Director of Community Development
Mary Bradley, Director of Finance
Sophie Horiuchi, Volunteer Services Manager
Dan Rich, Administrative Ass’t./Office of the City Manager
David Vossbrink, Community Relations Officer
Carol Ann Butler, Deputy City Clerk

CONSENT CALENDAR

1A.

APPROVAL OF MINUTES (AUGUST 1, 1998 AND AUGUST 4, 1998)

KAWCZYNSKI moved approval of minutes as submitted, seconded by MILLER and carried unanimously.

1B.

LIST OF CLAIMS AND BILLS APPROVED FOR PAYMENT BY THE CITY MANAGER (LIST #121 AND #122).

Councilmember Kawczynski removed this item from the Consent Calendar to dissent on List #121, Warrant #100045116 (Black, Kelly Scruggs & Healy)

REPORT NO. 98-297

STAFF RECOMMENDATION

That Council review the bills.

FOWLER moved approval of bills seconded by VALERIO and carried unanimously with KAWCZYNSKI dissenting on List #121, Warrant #100045116 (Black, Kelly Scruggs & Healy).

1C.

TRAFFIC COLLISION RECORDS DATABASE PROJECT – BUDGET MODIFICATION #4.

REPORT NO. 98-282

STAFF RECOMMENDATION

That Council approve Budget Modification #4.

KAWCZYNSKI moved to approve Budget Modification #4, seconded by MILLER and carried unanimously.

1D.

TASMAN WEST LIGHT RAIL PROJECT COOPERATIVE AGREEMENT FOR COST SHARING AND BUDGET MODIFICATION #3.

REPORT NO. 98-283

STAFF RECOMMENDATION

That Council authorize the City Manager to execute the Cost Sharing Agreement Between Santa Clara County Transit District and City of Sunnyvale for Modifications to Tasman West Light Rail Project and approved Budget Modification #3.

KAWCZYNSKI moved to authorize the City Manager to execute the Cost Sharing Agreement Between Santa Clara County Transit District and City of Sunnyvale for Modifications to Tasman West Light Rail Project and approved Budget Modification #3, seconded by MILLER and carried unanimously.

1E.

ACCEPTANCE OF IMPROVEMENTS: COMPASS PLACE II, TRACT NO. 8814 (SD-96-1).

REPORT NO. 98-289

STAFF RECOMMENDATION

That Council adopt the resolution.

Title of Resolution No. 150-98:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED IN COMPASS PLACE II, TRACT NO. 8814, SD-96-1, AS COMPLETE AND SATISFACTORY.

KAWCZYNSKI moved adoption of Resolution No. 150-98, seconded by MILLER and carried by the following roll call vote:

AYES: WALKER, VORREITER, VALERIO, ROBERTS,

KAWCZYNSKI, FOWLER, MILLER

NOES: NONE

ABSENT: NONE

1F.

ACCEPTANCE OF IMPROVEMENTS: LIVE OAK TERRACE, TRACT NO. 8231 (SD-97-2).

REPORT NO. 98-290

STAFF RECOMMENDATION

That Council adopt the resolution.

Title of Resolution No. 151-98:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED IN LIVE OAK TERRACE, TRACT NO. 8231, SD-97-2, AS COMPLETE AND SATISFACTORY.

KAWCZYNSKI moved adoption of Resolution No. 151-98, seconded by MILLER and carried by the following roll call vote:

AYES: WALKER, VORREITER, VALERIO, ROBERTS,

KAWCZYNSKI, FOWLER, MILLER

NOES: NONE

ABSENT: NONE

1G.

ACCEPTANCE OF IMPROVEMENTS: REPLACEMENT OF WATER MAINS/DUANE AND EAGLEWOOD AVENUES (UW-97-02).

REPORT NO. 98-291

STAFF RECOMMENDATION

That Council adopt the resolution.

Title of Resolution No. 152-98:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ACCEPTING AS COMPLETED WORK FOR REPLACEMENT OF WATER MAINS ON DUANE AND EAGLEWOOD AVENUE (UW-97-02) AUTHORIZING FINAL PAYMENT AND DIRECTING CITY CLERK TO FILE NOTICE OF COMPLETION.

KAWCZYNSKI moved adoption of Resolution No. 152-98, seconded by MILLER and carried by the following roll call vote:

AYES: WALKER, VORREITER, VALERIO, ROBERTS,

KAWCZYNSKI, FOWLER, MILLER

NOES: NONE

ABSENT: NONE

1H.

ACCEPTANCE OF IMPROVEMENTS – LAWRENCE LIFT STATION IMPROVEMENTS, (UY-95-02).

REPORT NO. 98-292

STAFF RECOMMENDATION

That Council adopt the resolution.

Title of Resolution No. 153-98:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ACCEPTING AS COMPLETED WORK FOR LAWRENCE LIFT STATION IMPROVEMENTS (UY-95-02) AUTHORIZING FINAL PAYMENT AND DIRECTING CITY CLERK TO FILE NOTICE OF COMPLETION.

KAWCZYNSKI move adoption of Resolution No. 153-98, seconded by MILLER and carried by the following roll call vote:

AYES: WALKER, VORREITER, VALERIO, ROBERTS,

KAWCZYNSKI, FOWLER, MILLER

NOES: NONE

ABSENT: NONE

1I.

ACCEPTANCE OF IMPROVEMENTS: SLURRY SEAL MAINTENANCE CONTRACT FOR STREETS (ST-98-01).

REPORT NO. 98-293

STAFF RECOMMENDATION

That Council adopt the resolution.

Title of Resolution No. 154-98:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ACCEPTING AS COMPLETED WORK FOR SLURRY SEAL MAINTENANCE CONTRACT FOR STREETS (ST-98-01) AUTHORIZING FINAL PAYMENT AND DIRECTING CITY CLERK TO FILE NOTICE OF COMPLETION.

KAWCZYNSKI moved adoption of Resolution No. 154-98, seconded by MILLER and carried by the following roll call vote:

AYES: WALKER, VORREITER, VALERIO, ROBERTS,

KAWCZYNSKI, FOWLER, MILLER

NOES: NONE

ABSENT: NONE

1J.

AWARD OF CONTRACT – SUNNYVALE PUBLIC SAFETY HEADQUARTERS PHASE I (PR-96-4A).

REPORT NO. 98-295

STAFF RECOMMENDATION

That Council award the contract to the lowest responsive bidder, Bruns Belmont Construction, Inc., in the amount of $178,968 and approve and authorize the filing of the Notice of Determination.

KAWCZYNSKI moved to award the contract to the lowest responsive bidder, Bruns Belmont Construction, Inc., in the amount of $178,968 and approve and authorize the filing of the Notice of Determination, seconded by MILLER and carried unanimously.

1K.

CANCELLATION OF CONTRACT FOR ELECTRICAL SERVICES (#F9701-41).

REPORT NO. 98-296

STAFF RECOMMENDATION

That Council approve the immediate cancellation of the existing contract with Ehlers Electric Company of Sunnyvale; and Authorize the Purchasing Officer to issue a new Invitation for Bids for electrical services.

KAWCZYNSKI moved to approve the immediate cancellation of the existing contract with Ehlers Electric Company of Sunnyvale; and Authorize the Purchasing Officer to issue a new Invitation for Bids for electrical services. Seconded by MILLER and carried unanimously.

1L.

1M.

APPROVAL OF FINAL MAP – DURAN TERRACE, TRACT 9065 (SD-98-1).

REPORT NO. 98-285

STAFF RECOMMENDATION

That Council approve the Final Map.

KAWCZYNSKI moved approval of Final Map, seconded by MILLER and carried unanimously.

1N.

APPROVAL OF PRIVATE INDUSTRY COUNCIL APPOINTMENTS FOR NOVA JOB TRAINING CONSORTIUM.

Councilmember Miller removed this item from the Consent Calendar.

Councilmember Miller, as Council representative of the Private Industry Council Selection Committee, announced the Council appointments for NOVA Job Training Consortium.

REPORT NO. 98-288

STAFF RECOMMENDATION

That Council make the following appointments to the NOVA Private Industry Council: Ms. Nancy Erickson Seat No. 1, Dr. Barbara Malaspina Seat No. 2, Dr. Leo Chavez Seat No. 3, Ms. Gloria Spanier Seat No. 4, Ms. Fredia Brooks Seat No. 16, Mr. Ray Montalvo Seat No. 18, Dr. Ted Kastelic Seat No. 19.

MILLER moved to make the following appointments to the NOVA Private Industry Council: Ms. Nancy Erickson Seat No. 1, Dr. Barbara Malaspina Seat No. 2, Dr. Leo Chavez Seat No. 3, Ms. Gloria Spanier Seat No. 4, Ms. Fredia Brooks Seat No. 16, Mr. Ray Montalvo Seat No. 18, Dr. Ted Kastelic Seat No. 19, seconded by VALERIO and carried unanimously.

1O.

SANTA CLARA COUNTY CITIES ASSOCIATION DUES.

REPORT NO. 98-294

STAFF RECOMMENDATION

That Council approve and authorize staff to pay the City’s dues.

KAWCZYNSKI moved to approve and authorize staff to pay the City’s dues, seconded by MILLER and carried unanimously.

1P.

AMENDMENT TO SALARY RESOLUTION FISCAL YEAR 1998/99.

REPORT NO. 98-298

STAFF RECOMMENDATION

That Council adopt the resolution.

Title of Resolution No. 155-98:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ESTABLISHING PAY AND BENEFITS FOR ALL CITY EMPLOYEES AND RESCINDING RESOLUTION NO. 136-98.

KAWCZYNSKI moved adopt Resolution No. 155-98, seconded by MILLER and carried by the following roll call vote:

AYES: WALKER, VORREITER, VALERIO, ROBERTS,

KAWCZYNSKI, FOWLER, MILLER

NOES: NONE

ABSENT: NONE

1Q.

CITY OF SUNNYVALE INVESTMENT REPORT 2^ND QUARTER 1998.

REPORT NO. 98-299

STAFF RECOMMENDATION

That Council receive and file the investment report.

KAWCZYNSKI moved to receive and file the investment report, seconded by MILLER and carried unanimously.

1R.

LONG TERM DISABILITY (LTD) POLICY RENEWAL FOR 1998/2000.

REPORT NO. 98-301

STAFF RECOMMENDATION

That Council accepts the U.S. Life contract.

KAWCZYNSKI moved to accept the U.S. Life contract, seconded by MILLER and carried unanimously.

1S.

SETTLEMENT IN PRATER AND PELL, ET AL. v. CITY OF SUNNYVALE, ET AL. (SANTA CLARA COUNTY SUPERIOR COURT NO. CV 772326)

REPORT NO. 98-8 CA

STAFF RECOMMENDATION

That Council approve the settlement.

KAWCZYNSKI moved to approve the settlement, seconded by MILLER and carried unanimously.

PUBLIC HEARINGS/GENERAL BUSINESS

AUTHORIZE BUILDING SAFETY AND PLANNING FEE STUDY AND BUDGET MODIFICATION #6.

REPORT NO. 98-284

STAFF RECOMMENDATION

That Council authorize staff to proceed with the Building Safety and Planning Fee Study and development of a citywide cost allocation plan. Also authorize staff to contract with DMG Maximus for the completion of this study and authorize a budget modification in an amount not to exceed $49,500.

Mary Bradley, Director of Finance, presented the staff report.

The public hearing was declared open and closed at 7:42 p.m.

FOWLER moved approval in accordance with staff alternate #1 to authorize staff to proceed with the Building Safety and Planning Fee Study and development of a citywide cost allocation plan; authorize staff to contract with DMG MAXIMUS for the completion of this study and authorize a budget modification in an amount not to exceed $49,500.00, seconded by VALERIO and carried unanimously.

REVIEW OF THE CITY’S CHILD CARE PROJECTS AND WORKPLANS TO EXAMINE COORDINATION OF SUPPORT AND RESOURCES TO ADDRESS CHILD CARE ISSUES.

REPORT NO. 98-305

STAFF RECOMMENDATION

That Council adopt workplan as submitted.

Sophie Horiuchi, Volunteer Services Manager, presented the staff report.

The public hearing was declared open and closed at 7:50 p.m.

VORREITER moved adoption of workplan as proposed, seconded by VALERIO and carried unanimously.

NASA AMES/MOFFETT FEDERAL COMPLEX – POLICIES AND PRIORITIES.

REPORT NO. 98-304

STAFF RECOMMENDATION

That Council approve the update of the 1998 Legislative Action Policies relating to NASA Ames/Moffett Federal Complex as written in Attachment A and modify and approve the level of effort for the NASA Ames/Moffett Federal Complex priority issues as noted in Attachment B.

Daniel Rich, Administrative Assistant/Office of the City Manager, presented the staff report.

The public hearing was declared open at 7:56 p.m.

Appearances:

Doug DeLong, Mtn. View resident

Werner Gans, 1015 Lanark Court

Alan Templeton, No address given

Tim Risch, 330 N. Mathilda

The public hearing was declared closed at 8:30 p.m.

VORREITER moved to approve the update of the 1998 Legislative Action Policies relating to NASA Ames/Moffett Federal Complex as written in Attachment A with the addition of the word "airfield" to #63; to approve the level of effort for the NASA Ames/Moffett Federal Comlex priority issues as noted in Attachment B; to add a policy statement "to support efforts to remove Moffett’s designation as a reliever airport to San Jose"; and to change the level of effort for Western Disaster Center from a medium level of effort to a high level of effort, seconded by WALKER.

FOWLER moved to amend motion by deletion of #63, seconded by MILLER and failed by the following vote:

AYES: KAWCZYNSKI, FOWLER, MILLER

NOES: WALKER, VORREITER, VALERIO, ROBERTS

ABSENT: NONE

The vote on the original motion was taken and carried with KAWCZYNSKI dissenting.

5.	PRE-APPEAL OF THE PLANNING COMMISSION AGENDA OF AUGUST 24, 1998 AND THE ADMINISTRATIVE HEARING AGENDA OF AUGUST 26, 1998. REPORT NO. 98-302 STAFF RECOMMENDATION That Council review the agenda and appeal an application where appropriate. No action taken.

CITIZENS TO BE HEARD

Jim Rea, 743 Madrone, requested Council Study Issue to consider an access review board to have all City facilities accessible to the public.

Terry Yordan, 1050 Persimmon, submitted a survey, which was conducted by Sunnyvale Middle School parents, students and Parents & Teachers Assoc. Ms. Yordan expressed the importance of meeting the needs of after school teens; that the City looks at partnering with the school district and/or private organizations. Ms. Yordan also suggested the City look at child care from the young child through teens.

NON-AGENDA ITEMS AND COMMENTS

	COUNCIL

NAC-1	Councilmember Miller referred to Information Only Item on Status of Work Plan for Examination of Noise Events and Enforcement. Councilmember Miller indicated this is scheduled for Council action on Sept. 22^nd. Councilmember Miller announced that she would be holding office hours on Sept. 15^th at 11:30 a.m. in the West Conference Room at City Hall, for the public to meet with her and address their concerns, complaints and recommendations. Councilmember Miller said that the meetings would address the issue of noise as defined as an unwanted sound.
NAC-2	Councilmember Fowler announced that he attended the LCC Public Safety Policy Committee in Sacramento on August 14^th. Councilmember Fowler indicated there were presentations made by cities on Domestic Violence and that the City of Sunnyvale made a presentation.
NAC-3	Councilmember Kawczynski announced 2^nd Annual International Cricket Tournament to be held Labor Day weekend at Ortega Park and the banquet on Sept. 5^th.
NAC-4	Councilmember Kawczynski announced that he serves as Chair of the LCC Transportation Communication and Public Works Policy Committee. Councilmember Kawczynski indicated that Pac Bell made a presentation on area codes and overlay proposals at the recent Policy Committee meeting.

ADJOURNMENT TO REDEVELOPMENT AGENCY

There being no further business the Mayor declared the meeting adjourned to the Redevelopment Agency meeting at 9:05 p.m.

Respectfully submitted,

Carol Ann Butler
Deputy City Clerk