Sunnyvale City Council Meeting Minutes 3/26/02

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Sunnyvale City Council Meeting Minutes 3/26/02 MINUTES
SUNNYVALE CITY COUNCIL
MARCH 26, 2002

The City Council of the City of Sunnyvale adjourned from a 6:30 p.m. Study Session regarding the Emergency Medical Services, and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:30 p.m. with Mayor Fowler presiding.

SALUTE TO THE FLAG

Mayor Fowler led the salute to the flag.

ROLL CALL

PRESENT:	Mayor Frederik M. Fowler Vice Mayor Julia Miller Councilmember Manuel Valerio Councilmember Pat Vorreiter Councilmember Jack Walker Councilmember Tim Risch Councilmember John Howe

STAFF PRESENT:	Robert S. LaSala, City Manager Valerie J. Armento, City Attorney Amy Chan, Assistant City Manager Charles J. Schwabe, Deputy City Manager Robert Walker, Parks & Recreation Director Marvin Rose, Public Works Director Robert Paternoster, Community Development Director Linda Bagneschi, Communications Officer Marilyn Crane, Information Technology Services Manager Susan Kitchens, City Clerk

PUBLIC ANNOUNCEMENTS

Vice Mayor Miller announced an additional lawnmower buy-back program, which will be held at the Sunnyvale Home Depot Store, located on Kifer Road, on May 11 at 8:00 a.m. 150 lawnmowers will be available at a reduced price. She also announced that Juniper Networks had been awarded the Clean Air Spare the Air Employee Award by the Bay Area Air Quality Management District (BAAQMD.)

CONSENT CALENDAR

Vice Mayor Miller requested items 1.A and 1.K pulled from the consent calendar. Councilmember Risch requested item 1.H pulled. Thom Mayer, a member of the public requested items 1.I, 1.L., and 1.M. pulled from the consent calendar.

Vice Mayor Miller moved, and Councilmember Walker seconded approval of the consent calendar with the exceptions of items 1.A, 1.H., 1.I., 1.K., and 1.M. The motion carried unanimously.

1.A.

MOTION

Approval of Draft Minutes (March 19, 2002)

Motion by Vice Mayor Miller, seconded by Councilmember Walker, to approve the minutes as amended. The motion carried unanimously.

Fiscal Items

1.B.	RTC 02-103	List of Claims and Bills Approved for Payment by the City Manager (#086) Staff Recommendation: Approve the list of bills.

1.C.	RTC 02-096	Request for Asset Forfeiture Funding to Compensate the Independent Auditor’s Annual Forfeiture Audit and Budget Modification No. 20 Staff Recommendation: Approve Budget Modification No. 20 as detailed in the fiscal Impact section of the report.

1.D.	RTC 02-102	City of Sunnyvale Investment Report 1^st Quarter 2002 Staff Recommendation: Receive and file the investment report.

Contracts:

1.E.	RTC 02-087	Authorization to Subcontract on Behalf of the NOVA Job Training Consortium Training for Training Services Funded Through the Recently Awarded H-1B Technical Skills Training Grant in an Amount Up to $2,341,185 Staff Recommendation: Authorize NOVA to contract with H-1B training partners in a total amount not to exceed $2,341,185, and authorize the City Manager to execute the necessary agreements.

1.F.	RTC 02-100	Award of Bid No. F0202-41 to Provide Slurry Seal for the Routine Maintenance of Selected Streets Staff Recommendation: Award a contract in the amount of $219,160 to Graham Contractors, Inc. of San Jose for the application of slurry seal on various Sunnyvale streets; and approve a contingency in the amount of $32,874.

1.G.	RTC 02-106	Award of Bid No. F0201-37 for City Hall Chiller and Cooling Tower Replacement Staff Recommendation: Award a contract in the amount of $218,437 to Newcomb Mechanical, Inc., of Foster City for the replacement of the City Hall chiller and cooling tower; and approve a project contingency in the amount of $32,766.

Other Items

1.H.	RTC 02-049	Proposed Program Outcome Statements, Program Intended Results, and Weighting for Restructured Programs in the Community Development Department
Charles Schwabe, Deputy City Manager, presented the staff report. Areas of discussion included outcome measures/weighting regarding the residents' perception of the downtown area as a destination, and budget cost ratios, and the outcome measures in the Neighborhood Preservation section of the report. Mayor Fowler opened the public hearing at 7:44 p.m. Thom Mayer, a member of the public, addressed comments to the Council regarding economic prosperity and neighborhood preservation services. He would like the outcome measure regarding the downtown area moved up to 50%. He thinks that a citywide approval rate of 80% is too low and each neighborhood individually should have at least an 80% or higher approval rating. He suggested dividing the city into sections and rating each individually. He would like chronic code violation cases resolved within six months. Councilmember Walker asked for clarification for the program outcome measures and if they could be measured by geographical or neighborhood boundaries. Director Paternoster responded that the surveys had been done on a citywide basis but could be reported on geographical basis. The percentages will go up each year and will be reviewed annually and adjusted. Councilmember Vorreiter does not want staff to spend additional time on measuring these standards if it takes time away from responding to citizen complaints, especially in the Neighborhood Preservation Program. Director Paternoster noted the value in measuring the outcomes to manage the programs. Deputy City Manager Schwabe asserted that the customer satisfaction survey areas could be broken out to expose areas where process improvement is needed to bring a particular area up to the city's average. Vice Mayor Miller requested a quarterly report on chronic code violations. Mayor Fowler closed the Public Hearing at 8:01 p.m. Councilmember Risch moved, and Councilmember Howe seconded, to approve the proposed program outcome statement, outcome measures, with two modifications: 1) the budget cost weight be set at 2, and 2) the Outcome Measure for Neighborhood Preservation be changed to 80% of the Citizens Opinion Survey respondents state that code enforcement issues are not a serious problem in 80% of the planning areas. City Manager LaSala suggested a continuance of the item to allow time for staff to assess the activity levels and determine if this would necessitate significant budget variances. Adjustments could be made in the upcoming budget if necessary. This was acceptable to the maker and second of the motion. Mayor Fowler clarified that the direction is for staff to find a logical way to divide the city into areas for reporting the measures and determine the fiscal impact of reporting by this method. Councilmember Howe would like to see the variation among areas. Councilmember Risch moved to continue the item, seconded by Vice Mayor Miller. The motion carried unanimously.

1.I.	RTC 02-107	Annual Membership Dues for Intergovernmental Associations
Assistant City Manager Chan presented the staff report. Motion by Vice Mayor Miller, seconded by Councilmember Howe to pay the 2002 membership dues for the following: NLC dues of $7,645; LCC dues in the amount of $22,826; USCM dues of $7,374. The motion carried unanimously.

1.J.	RESOLUTION RTC 02-095	Acceptance of Improvements – Chlorine Contact Channel Coatings, PR-97-05 Staff Recommendation: Accept the project as complete and satisfactory. RESOLUTION NO. 02-095: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ACCEPTING AS COMPLETED WORK FOR CHLORINE CONTACT CHANNEL COATINGS (PR-97-05), AUTHORIZING FINAL PAYMENT AND DIRECTING CITY CLERK TO FILE NOTICE OF COMPLETION

1.K.	RTC 02-099	Blair Avenue Area Traffic Calming Study and Budget Modification No.21
Marvin Rose, Public Works Director, presented the staff report. Vice Mayor Miller noted that increasing the number of traffic calming studies was a study issue that she had supported and is pleased, that with the increased funding, the Blair Avenue study will be done sooner than anticipated. Motion by Vice Mayor Miller and seconded by Councilmember Vorreiter to approve Budget Modification 21 to appropriate the increased revenue. The motion carried unanimously.

1.L.	RESOLUTION RTC 02-109	Approval to Submit Applications for Grant Funds for the Roberti-Z’Berg-Harris Urban Open Space and Recreation Program under the Bond Act 2000 (a.k.a. Proposition 12)
Thom Mayer, a member of the public requested the item pulled for discussion. Motion by Councilmember Walker, seconded by Councilmember Risch, to reconsider the item previously adopted under the consent calendar. The motion carried unanimously. Mayor Fowler opened the Public Hearing at 8:19 p.m. Thom Mayer, a member of the public, requested that funds be allocated for particular trail projects. In response to Councilmember Vorreiter question, Parks and Recreation Director Walker stated that money would be allocated to capital improvement projects in the next budget year. Motion by Vice Mayor Miller, and seconded by Councilmember Vorreiter, to approve the resolution authorizing staff to apply for Roberti Z'Berg-Harris Block Grant Funds under the Bond Act of 2000. The motion carried unanimously. RESOLUTION NO. 02-109: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE ROBERTI-Z'BERG HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000

1.M.	ORDINANCE 2690-02	Adoption of Ordinance No. 2690-02; Amending Sections 19.32.020, 19.32.030 and 19.80.040 of the Sunnyvale Municipal Code Pertaining to Single Family Dwellings
Mayor Fowler opened the Public Hearing at 8:22 p.m. Torey Peterson, a member of the public, asked if the setback changes were suggested by the public or by staff. He thinks the changes adversely affect properties. Mayor Fowler assured Mr. Peterson that public testimony had been received at a Public Hearing at the City Council meeting of March 19, 2002. Director Paternoster clarified the changes in the requirements. Councilmember Vorreiter moved, and Councilmember Walker seconded adoption of Ordinance No. 2690-02. The motion carried unanimously. ORDINANCE NO. 2690-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING SECTIONS 19.32.020, 19.80.030 AND 19.80.040 OF THE SUNNYVALE MUNICIPAL CODE PERTAINING TO SINGLE FAMILY DWELLINGS

1.N.	ORDINANCE 2691-02	Adoption of Ordinance No. 2691-02: Amending Chapter 2.28 Pertaining to Election Procedures Staff Recommendation: Adopt the Ordinance. ORDINANCE NO. 2691-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING CHAPTER 2.28 PERTAINING TO ELECTION PROCEDURES

1.O.	RTC 02-108	2002 Boards and Commissions Recruitment Plan Staff Recommendation: Approve the 2002 recruitment plan as submitted.

PUBLIC HEARINGS/GENERAL BUSINESS

RTC 02-098

Community Events Grant Funding Recommendations

Linda Bagneschi, Communications Officer, presented the staff report.

Councilmember Vorreiter queried if there is an available resource to make applicants aware of the value of in-kind services.

Ms. Bagneschi responded that it is not currently quantified but staff is working on this process and will come back to Council with recommendations.

Mayor Fowler opened the Public Hearing at 8:35 p.m.

Thom Mayer, a member of the public, proposed that the application process be reopened and reconsider some of the applications that were denied funding. He believes that the 500-person hurdle should be removed because it is too high. He also feels that 40% is too arbitrary, as it does not consider volunteer hours.

Mayor Fowler asked if there was a methodology for evaluating volunteer hour contributions.

Ms. Bagneschi stated there was no method during the current review process.

Assistant City Manager Chan stated that the 500 participant threshold is to encourage more involvement community-wide. The Community Outreach Study will address more neighborhood-based events and will be addressed in a future report.

Councilmember Walker moved to approve alternatives one through five and include a budget of $1,000 for in-kind support to the Chinese American Athletic Tournament to be held in August. The motion died for lack of a second.

Councilmember Risch moved, and Councilmember Vorreiter seconded, approval of the following recommendations:

Approve staff’s grant funding recommendations.
Specify that higher priority be given to encourage new events as well as support existing events that have been highly successful in the past, subject to the other grant criteria.
Specify that grant approval in a given year does not set a precedent for future years. All applicants are subject to fresh review vis-à-vis competing applications each year.
Specify that City community event grant funding will represent no more than 40% of the total event budget, including the value of in-kind goods and services but excluding the value of volunteer time.
Since staff’s total recommended funding ($14,960) is less than the total amount available ($25,000), staff recommends carrying the remaining funding to next year’s community events grant budget.

Mayor Fowler offered a friendly amendment to direct staff to develop a guidelines document to be distributed with the application to include standards for criteria supporting event budgets, especially evaluating volunteer hours, and schedule a Study Session to discuss criteria for the application process after the Neighborhood Support report is considered by Council. The amendment was acceptable to the maker and second of the motion. The motion carried unanimously.

3.	RTC 02-110	Results of One-Year Pilot Program for Public Access Cable TV Channel 60
Marilyn Crane, Information Technology Services Manager, and Linda Bagneschi, Communications Officer, presented the staff report and responded to questions posed by Council. Areas of discussion were on marketing to expand viewership, more content by adding producers, additional equipment and new technology. Assistant City Manager Chan noted that the marketing efforts to expand viewership would first require a study to determine the interests in the Sunnyvale community. Program policies with parameters need to be developed. Mayor Fowler noted that additional content, and more playback, would require more equipment which would require additional funding. Mayor Fowler opened the Public Hearing at 9:15 p.m. Thom Mayer, a member of the public, urged Council not to spend money on analog deck machines or other old technology. He suggested that digital disk drives would allow more programming options. Councilmember Walker suggested that staff investigate new technology. Steve Chessin, producer of "Democratic Television", stated he is seeking a Sunnyvale sponsor. His program currently airs in several surrounding cities. He advocates adding more than one producer per year. Guy Ferry, Toastmasters, urged approval of their current status. Ron Swegles, Willow Ranch, stated that his area does not receive channel 18 or 60 and is interested in acquiring programming tapes. He is interested in applying for producer status if the program is expanded. Ms. Bagneschi suggested that the tapes could be shared with the permission of the producers. Richard Martinez, producer of "On the Move", supports expanding the programming. He offered his service as a volunteer to support the program. Dave Cane, music video producer, would like to have the opportunity to produce in the Sunnyvale area. Councilmember Walker moved, and Vice Mayor Miller seconded, to expand the technical capability of the Channel 60 public access program to add one new producer, look at developing a program policy, to re-evaluate the program in one year, and to direct staff to explore emerging digital technology to leverage purchases to allow for more flexibility. Mayor Fowler offered a friendly amendment to approve the concept of the expansion of the number of producers and ask staff to explore ways to expand the number of producers utilizing new technology. The amendment was acceptable to the maker and second of the motion. The motion carried unanimously.

4.	RTC 02-104	Pre-Appeal of Planning Commission Hearing of April 8, 2002 and Administrative Hearing of April 10, 2002 There were no items on Administrative Hearing of April 10, 2002.

There was no action taken.

5.	RTC 02-105	Appeal of Planning Commission Hearing of March 11, 2002 and Administrative Hearing of March 13, 2002

There was no action taken.

CITIZENS TO BE HEARD

There were no comments

NON-AGENDA ITEMS & COMMENTS

COUNCIL

Councilmember Howe requested detailed minutes of the Planning Commission meeting at which the Verizon Use Permit was discussed.

Vice Mayor Miller requested a budget modifications tracking log be developed. She requested the Study Issues Calendar be included in Council binders. In conclusion she requested the statistics on the number of auto burglaries and thefts in the city limits.

STAFF

City Manager LaSala reported that the Urban Design Plan is available for review at the reference desk in the library. It is also available on the City’s website, at City Hall, and may be purchased for a reproduction cost of $18. He then distributed copies of the municipal code section regarding the appeal process.

Vice Mayor Miller requested that a presentation be made to educate the public on the City's appeal process. She requested that copies of Urban Design Plan, as well as Public Hearing documents that were voluminous, be made available for check out at the library.

City Manager LaSala noted that copies were also available on the City's website and at the Community Development counter for public review.

Robert Paternoster, Community Development Director, will prepare a presentation on the appeal process and present it to Council.

Vice Mayor Miller asked that copies of the Urban Design Review be made available for check out from the Library.

ADJOURNMENT TO FINANCING AUTHORITY

At 9:36 p.m., Mayor Fowler adjourned the regular meeting to the Sunnyvale Financing Authority Meeting.

ADJOURNMENT to Closed Session

At 10:02 p.m., Mayor Fowler declared the regular meeting adjourned to a Closed Session regarding Conference with Real Property Negotiator pursuant to Government Code Section 54956.8, Property: 239 Commercial Street, Sunnyvale.

ADJOURNMENT

Mayor Fowler adjourned the Closed Session at 10:27 p.m.

Respectfully submitted:
Susan Kitchens, City Clerk

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