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Sunnyvale City Council Meeting Minutes - 4/22/03

MINUTES*
SUNNYVALE CITY COUNCIL
APRIL 22, 2003

The City Council of the City of Sunnyvale adjourned from a 6:00 p.m. Joint Study Session with the Planning Commission and Heritage Preservation Commission regarding Downtown Wayfinding (Directional Signage), and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:30 p.m., with Mayor Miller presiding.

SALUTE TO THE FLAG

Robert Paternoster, Director of Community Development, led the salute to the flag.

ROLL CALL

PRESENT:

Mayor Julia Miller
Vice Mayor Tim Risch
Councilmember Pat Vorreiter
Councilmember Jack Walker
Councilmember Manuel Valerio
Councilmember Fred Fowler
Councilmember John Howe

Staff Present:

Amy Chan, Assistant City Manager (Acting City Manager)
Valerie J. Armento, City Attorney
Chuck Schwabe, Deputy City Manager
Robert Paternoster, Director of Community Development
Mary Bradley, Director of Finance
Marvin Rose, Director of Public Works
Mark Gregersen, Director of Human Resources
Tim Kirby, Revenue Systems Supervisor
Myriam Castaneda, Human Resources Supervisor
Nancy Steward, Superintendent of Cultural Arts
Susan Kitchens, City Clerk

*Pending Council approval.

PUBLIC ANNOUNCEMENTS

Andy Maloney, representing the Friends of Sunnyvale, announced the petition drive is over for their three initiatives. He thanked the petitioners and the residents who signed the petitions.

Ron Swegles, a member of the public, announced the Bianchi Barn dedication and dance on Saturday, May 17th at 5:30 p.m.

Mayor Miller shared a plaque honoring the City of Sunnyvale from Sunnyvale Community Services.

Councilmember Fowler made the following announcements on behalf of the Council:

The City Council will host two community meetings on the City’s budget crisis. The meetings will inform the public, and gather input about the City Manager’s recommended service level reductions and changes to the City’s rental rates. The first meeting will be Monday, April 28th, at the Sunnyvale Community Center, Neighborhood Room, from 10:00 a.m. to 11:00 a.m. The second meeting will be Wednesday, April 30th, at Cherry Chase Elementary School, in the Multipurpose Room, from 7:00 p.m. to 8:00 p.m. For more information, contact Peter Bassett, Office of the City Manger, at 730-7739, or check the Community Calendar on the City’s web site at www.ci.sunnyvale.ca.us.

The City Council has been invited to attend a meeting of the Sunnyvale Employee Coalition, which includes the Communication Officers Association, Public Safety Officers Association, Sunnyvale Employees Association, and Service Employees International Union Local 715. The purpose of the meeting is to discuss the City’s proposed budget reductions. The meeting will be held on Wednesday, April 23rd, at the Sunnyvale Community Center, Neighborhood Room, at 6:00 p.m. For more information, contact Peter Bassett, at 730-7739, or Steve Fisk, Public Safety Officers Association, at 730-7168, or check the Community Calendar on the City’s web site at www.ci.sunnyvale.ca.us.

The City of Sunnyvale, in cooperation with the Bay Area Air Quality Management District, is sponsoring a Lawn Mower Exchange Event for Sunnyvale residents. The program is designed to enhance air quality by reducing the air pollution generated by gas-powered mowers. The event will be held Saturday, April 26, at the Home Depot in Sunnyvale, 690 Kifer Rd., from 8:00 a.m. to 11:00 a.m. Sunnyvale residents may exchange a working gas-powered mower, for a new Black & Decker, MM575 electric mulching mower. Instant rebates of $100 will be offered, making the cost of the new mower $79 plus tax. This offer is available for one day only, on a first-come, first-served basis as a limited number of mowers are available. The new mulching mower also recycles grass clippings into a nutrient-rich mulch that promotes a green, healthy lawn. To be eligible for the $100 instant rebate, your mower must be drained of oil and gas. For additional information, please contact the Solid Waste and Recycling Program at (408) 730-7262.

The City of Sunnyvale is currently recruiting for members on the following Boards and Commissions:

Eligible candidates must be a Sunnyvale resident and registered voter. An information meeting will be held on May 1, 2003, at 6:00 p.m. at the Sunnyvale City Hall West Conference Room. The application deadline is May 23rd, 2003 at 5:00 p.m. For an application, please visit the Sunnyvale web site at www.ci.sunnyvale.ca.us or call Donna Biles at 730-7595.

On April 16th the annual 911 Dispatch Recognition Luncheon was held. Three Sunnyvale Dispatchers, Michael Spath, Connie Carson, and David Hayhurst were honored.

On behalf of the City Council, Mayor Miller announced the new Wall of Honor in Council Chambers. At each Council meeting, the Council will pay tribute to those who have been added to the Wall of Honor. She announced the first 13 honorees:

Five members of the Sunnyvale Department of Public Safety:

Michael Lecy, Rudy Ramirez, Scott Simpson, Tracy Hern and Eric Golembiewski. Planning Commissioner Otto Lee has also been called to active duty.
Sunnyvale family members serving on active duty include:
Gunners Mate Second Class Paul Rezendes, U.S. Navy
First Lieutenant Nicholas J. Proett, U.S. Navy
Second Lieutenant Jason A. Craig, U.S. Marine Corps
First Lieutenant Patrick Klokow, U.S. Marine Corps
Private Jeffrey Machado, U.S. Army
Petty Officer Second Class Christopher Quinday, U.S. Navy
Construction Mechanic Third Class Anthony J. Rodriguez, U.S. Navy

Sunnyvale residents are invited to send photographs of their immediate family members serving on active duty. Photos may be dropped off at City Hall marked "Wall of Honor" or may be emailed to: honor@ci.sunnyvale.ca.us. Each photo should have the military member’s complete name, rank, and branch of service. For further information, please contact the Sunnyvale Communications Department at (408) 730-7535.

SPECIAL ORDER OF THE DAY

On behalf of the City Council, Mayor Miller proclaimed April 27th through May 4th as "Days of Remembrance" honoring victims of the Jewish Holocaust. The commemoration includes the international "Day of Remembrance", on April 29th known as Yom Hashoah. Mayor Miller presented the following Sunnyvale Holocaust survivors with a duplicate proclamation: Alex Bauer, Marie Donner, Herbert & Gerda Salzer, Kitty Mizrahi, Rose Schapira.

On behalf of the City Council, Mayor Miller proclaimed April 22nd as Earth Day in the City of Sunnyvale. She presented the proclamation to Richard Gurney, Sunnyvale Recycling Supervisor.

CONSENT CALENDAR

Vice Mayor Risch requested item 1.D. be pulled and considered separately. Kevin Jackson, a member of the public, requested item 1.F. be pulled and considered separately. Mayor Miller requested item 1.G. be pulled and considered separately. Councilmember Vorreiter moved, and Councilmember Howe seconded, approval of the Consent Calendar with the exception of Items 1.D., 1.F., and 1.G. The motion carried unanimously.

1.A.

 

Approval of Draft Minutes (April 8, 2003)

Fiscal Items

1.B.

RTC 03-130

List of Claims and Bills Approved for Payment by the City Manager (List Nos. 139 and 140)

Staff Recommendation: Review the attached list of bills.

1.C.

RTC 03-132

Authorization to Accept a $5,000 Grant from Advanced Micro Devices (AMD) for Grant Writing Assistance and Budget Modification No. 38 for Reallocation of the AMD Grant from Capital Project to the Columbia Neighborhood Center Operating Budget

Staff Recommendation: Approve Budget Modification No. 38 to accept the allocation of the $5,000 AMD grant and direct staff to budget funds into the CNC operating program.

Personnel Items

1.D.

RESOLUTION NO. 112-03
RTC 03-138

Military Reservists - Approval of Extension of Benefits and Supplemental Salary Amendment

Mark Gregersen, Director of Human Resources, presented the staff report.

Vice Mayor Risch, inquired if private employers are extending benefits. Director Gregersen responded they did not survey private employers.

Vice Mayor Risch inquired when the first payment beyond six months would occur. Myriam Castaneda, Human Resources Supervisor, responded it would be fiscal year 2003/2004.

Vice Mayor Risch suggested amending the resolution to include probationary employees with a term of six months and bring back to Council to consider extending for an additional six months.

In response to Vice Mayor Risch, Director Gregersen stated it would the cost $114,866 to cover the next six months.

Mayor Miller opened the Public Hearing at 8:06 p.m. and, there being no public comments, closed the Public Hearing.

Vice Mayor Risch moved, and Councilmember Vorreiter seconded, to adopt a Resolution to extend these benefits and supplemental salary for a total of 6 months (twelve pay periods) to affected employees, and approve Budget Modification No. 41, with the provision that the City covers probationary employees for this year as well as changing the method of compensation to exclude the base housing allowance in the calculation for six months. Council will re-evaluate with the next fiscal year budget.

Councilmember Fowler offered a friendly amendment to consider extending benefits to 12 months. The amendment was not accepted.

The motion carried with Councilmembers Fowler, Walker and Howe dissenting.

Councilmember Howe clarified his vote reflected his support for the original staff recommendation of extending benefits for 12 months.

RESOLUTION NO. 112-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING RESOLUTION NO. 145-02 (PAY AND BENEFITS FOR CITY EMPLOYEES) BY PROVIDING SPECIAL EXTENSION OF BENEFITS AND SUPPLEMENTAL SALARY FOR ARMED FORCES, NAVAL MILITIA OR NATIONAL GUARD RESERVISTS

Contracts

1.E.

RTC 03-133

Award of Bid No. F0203-76 for the Application of Slurry Seal on Streets Throughout the City

Staff Recommendation: Award a contract in the amount of $160,962 to Bond Blacktop, Inc., for the application of slurry seal on various Sunnyvale streets, and approve a project contingency in the amount of $24,144.

1.F.

RTC 03-131

Award of Contract for Driver's Education Instruction Services (No. F0204-83)

Nancy Steward, Superintendent of Cultural Arts, presented the staff report.

Mayor Miller opened the Public Hearing at 8:14 p.m.

Kevin Jackson, a member of the public, requested the class materials be reviewed by the Bicycle and Pedestrian Advisory Committee to make certain the course adequately addresses bicycle and pedestrian safety.

Don Meyer, owner and operator of the Economic Driving School, stated all instructors are licensed with the Department of Motor Vehicles and some have specific credentials in public safety and accident prevention. He stated the course does have a section that covers bicycle and pedestrian safety.

Mayor Miller closed the Public Hearing at 8:20 p.m.

Councilmember Walker moved, and Councilmember Vorreiter seconded, to approve a three-year contract, in substantially the same form as the attached draft agreement, and in an amount not to exceed $125,000, to Economic Driving School to provide driver’s education instruction services for the Department of Parks and Recreation.

Councilmember Howe offered a friendly amendment that staff provide a copy of the Pedestrian and Bicycle portion of the curriculum to the Bicycle and Pedestrian Advisory Committee for evaluation. The amendment was accepted.

The motion carried unanimously.

Other Items

1.G.

RESOLUTION NO. 113-03
RTC 03-128

Support of Clean Fuel Vehicles as a Priority for the City of Sunnyvale Fleet

Marvin Rose, Director of Public Works, presented the staff report.

Mayor Miller opened the Public Hearing at 8:25 p.m.

David Dias, of the American Lung Association, thanked the City for this resolution and commitment to clean air.

Arthur Schwartz, a member of the public, advised that General Motors is recalling their leased electric vehicles.

Mayor Miller closed the Public Hearing at 8:28 p.m.

Mayor Miller moved, and Councilmember Walker seconded, to adopt the City of Sunnyvale Clean Vehicle Resolution. The motion carried unanimously.

RESOLUTION NO. 113-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE SUPPORTING A PREFERENCE FOR THE ACQUISITION OF LOW EMISSION VEHICLES

1.H.

RESOLUTION NO. 114-03
RTC 03-134

Acceptance of Improvements - Backup Power for Sewage Lift Stations

Staff Recommendation: By resolution, accept the project as complete and satisfactory.

RESOLUTION NO. 114-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ACCEPTING AS COMPLETED WORK FOR BACKUP POWER FOR THE LAWRENCE AND ARQUES SEWAGE LIFT STATIONS AUTHORIZING FINAL PAYMENT AND DIRECTING CITY CLERK TO FILE NOTICE OF COMPLETION

1.I.

ORDINANCE
NO. 2721-03

Adoption of an Ordinance Amending Chapter 9.6.2, 10.12, 10.44, 10.52, 10.56, and 13.16 to the Sunnyvale Municipal Code Pertaining to Bicycles and Pedestrians

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING CHAPTERS 9.62, 10.12, 10.44, 10.52, 10.56 AND 13.16 OF THE SUNNYVALE MUNICIPAL CODE PERTAINING TO BICYCLES AND PEDESTRIANS

1.J.

RTC 03-127

Countywide Household Hazardous Waste Program Funding Commitment

Staff Recommendation: Approve an increase in the City’s commitment to participation in the Countywide HHW Program from $80,000 to $145,000.

PUBLIC HEARINGS/GENERAL BUSINESS

2.

RESOLUTION No. 115-03
RTC 03-137

Proposed Fiscal Year 2003/2004 Utility Rates

Mary Bradley, Director of Finance, Marvin Rose, Director of Public Works, and Tim Kirby, Revenue Systems Supervisor, presented the staff report. Mr. Kirby reviewed the Water Supply and Distribution Fund, Wastewater Management Fund, Solid Waste Management Fund, and proposed service level reductions. He stated staff is proposing increases of ten percent for water, seven percent for wastewater, and four percent for solid waste. Mr. Kirby noted that even with the recommended rate changes, Sunnyvale residents enjoy utility rates that are 28% lower than average surrounding communities with annual savings of approximately $307 per household.

In response to Vice Mayor Risch, Mr. Kirby stated the 2009/2010 10.6% rate increase is a combination of a spike and leveling of the rate increases and reflects current market trends.

Vice Mayor Risch asked why staff is proposing service level reductions in this fund. Director Rose responded that although the fund is insulated, they are not protected from employee benefit and salary costs. He further stated they are attempting to keep the cost of utility rates down.

Councilmember Walker expressed concern about preventative maintenance and infrastructure planning reductions. Director Rose responded the maintenance management system was removed from the Capital Budget and this reflects part of the staffing for that project. He stated the reductions in preventive maintenance should not have a large impact on the infrastructure planning.

Councilmember Walker inquired why the 10.6% increase for 2009/2010 was not leveled. Director Rose responded this would be consistent with what other rate payers will be seeing in other agencies.

Councilmember Fowler questioned the service level reductions and expressed concerns regarding the elimination of the demand management system. Director Rose clarified that the Demand Management Coordinator position would be eliminated, and the demand management system would be reduced but not eliminated.

Councilmember Fowler expressed concern with the elimination of clean-outs and repair of private sewer laterals. Director Rose responded the City is not responsible for the repair of laterals or clean-outs on private property. He stated this is consistent with what other cities are doing.

Mayor Miller opened the Public Hearing at 9:06 p.m.

Arthur Schwarz, a member of public, expressed concern about eliminating the private sewer lateral repair program.

Werner Gans, a member of the public, expressed concern on the rising utility rates on citizens on fixed incomes and local businesses.

Paul Kelly, a member of the public, inquired if this is an across the board increase. Mr. Kirby responded both commercial rates and residential rates are slated to rise on a tiered increase schedule.

Mayor Miller closed the Public Hearing at 9:25 p.m.

Councilmember Walker moved, and Vice Mayor Risch seconded, to adopt the resolution establishing the water, wastewater, and solid waste collection rates with the proposed cost reductions and corresponding changes to service levels, with staff to monitor the service level reductions that affect residents and report back to Council when considering utility rates in one year.

Councilmember Fowler offered a friendly amendment to disapprove the service level reductions for the wastewater management program. The amendment was not accepted.

Councilmember Fowler moved to disapprove the service level reductions for the wastewater management program. The motion died for lack of a second.

Mayor Miller directed staff to provide a breakdown of the $150,000 Public Works spent on sewer line repairs during the past year.

The motion carried with Councilmember Fowler dissenting.

RESOLUTION NO. 115-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ESTABLISHING RATES AND CHARGES FOR WATER, WASTEWATER AND SOLID WASTE COLLECTION AND DISPOSAL SERVICES FOR FISCAL YEAR 2003/2004 AND REPEALING ALL RESOLUTIONS OR PORTIONS THEREOF INCONSISTENT HEREWITH

3.

RTC 03-135

Request for Two Budget Meeting Date Changes

Mayor Miller requested this item be removed from the agenda.

CITIZENS TO BE HEARD

Tom MacFadyen, a member of the public, advocated adopting an ordinance to require an increase to the size of street address numbers on buildings.

Councilmembers Walker and Howe will sponsor a Study Issue regarding an increased size of street address numbers on buildings.

NON-AGENDA ITEMS & COMMENTS

COUNCIL

Councilmember Vorreiter recognized former Sunnyvale resident Sergeant Michael Lalush, who was killed in action in Iraq.

Councilmember Fowler requested a summary of the department budget reduction packages that were submitted to the City Manager.

Mayor Miller reported that the City had received an award from the Military Affairs Council. She received an informal petition from the Blair Avenue Neighborhood residents that she will submit to the Community Development Department. She noted that this is the last year that the lawnmower buy-back program will be offered.

STAFF

There were no comments.

ADJOURNMENT

Mayor Miller adjourned the meeting at 10:01 p.m. in recognition of the passing of Henry Howe, father of Councilmember John Howe.

Respectfully submitted,
Susan Kitchens, City Clerk

 

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