MINUTES
SUNNYVALE CITY COUNCIL 
January 13, 2004

The City Council of the City of Sunnyvale adjourned from a 6:00 p.m. Closed Session regarding Employee Leave Donation Program Related to Layoffs Occurring in January and February of 2004, a 6:15 p.m. Closed Session regarding Personnel Matters - SEA Labor Negotiations Pursuant to G.C. Section 54957.6, a 7:00 p.m. Study Session Regarding 2004/2005 Budget Process, and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, CA at 7:30 p.m. with Mayor Howe presiding.

Mayor Howe led the salute to the flag.

ROLL CALL

SPECIAL ORDER OF THE DAY

Mayor Howe was joined at the podium by Connie Cook-Turner, Chair of the Sunnyvale Arbor Including La Linda (S.N.A.I.L.), and presented a certificate to Nona Espinoza for  Paul Espinoza, winner of the S.N.A.I.L. Annual Christmas and Home Yard Decorating Contest.

Mayor Howe was joined at the podium by Ursula Syrova, Vice President of the Lakewood Village Neighborhood Association, and presented a certificate to Joseph Levy, winner of the LVNA Annual Holiday Lighting Contest.

PUBLIC ANNOUNCEMENTS

Councilmember Hamilton made the following announcement on behalf of the Council:

New State Law AB 846 prohibiting smoking within 20 feet of main entrances, exits, and operable windows of public buildings, went into effect on January 1, 2004.  This new ordinance applies to all city, county, and state buildings, as well as buildings on community college, UC, and CSU campuses.  AB 846 does not prevent local government entities or college institutions from adopting local smoke-free policies that go beyond 20 feet or privately owned buildings, unless they are leased or occupied by a state, county, or agency. For additional information regarding AB 846, contact the American Lung Association of Santa Clara and San Benito Counties at 408-998-5864 or www.lungsrus.org.

Vice Mayor Chu reported the Council met in Closed Session regarding Personnel Matters - SEA Labor Negotiations Pursuant to G.C. Section 54957.6.  Direction was given but no action was taken.

CONSENT CALENDAR

Mayor Howe announced that item 1.F. has been removed from the Consent Calendar. Councilmember Swegles requested Item 1.C. be pulled from the Consent Calendar and considered separately.  Councilmember Miller requested item 1.D. be pulled from the Consent Calendar and discussed separately.  Vice Mayor Chu moved, and Councilmember Miller seconded, approval of the Consent Calendar with the exception of items 1.C., 1.D. and 1.F.  The motion carried unanimously.

Fiscal Items

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

Councilmember Miller posed questions regarding the use of consultants, particularly the $33,000 charge from the California Space Authority.  Director Bradley responded many of these expenses are for professional services, and she would provide details to the Council by Friday of the expenditures.

Councilmember Miller requested an update on the Open Consulting Agreements that was provided to the Council in April, and details of the $74,000 charge from Transcor, and the $6000 charge from Bergenhauser Consulting.  She suggested it would be a good idea to receive them every six months.

Mayor Howe opened the Public Hearing at 7:50 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Swegles, moved, and Councilmember Miller seconded, to approve the attached list of bills.

Mayor Howe offered a friendly amendment that staff provide an updated copy of he consultant  agreement for Bergenhauser Consulting and the detail billing of the last six months, due a week from Friday, with any confidential information stricken.  The amendment was accepted.  The motion carried unanimously.

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

Councilmember Miller expressed dismay about the traffic light on Hollenbeck that has been inoperable for a year and questioned how the City would maintain three new traffic lights.  Director Rose responded this grant is for solar powered radar signs and the one on Hollenbeck is an electrical sign.  He stated staff has been working with PG&E on the Hollenbeck sign.

Mayor Howe opened the Public Hearing at 7:55 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Miller moved, and Councilmember Swegles seconded, to approve Budget Modification No. 21 to accept the Office of Traffic Safety grant in the amount of $22,500 and appropriate the funds into a new capital project.  The motion carried unanimously.

Other Items

Councilmember Hamilton stated that since her property is located in the redevelopment area, she must recuse herself due to FPPC regulations, but can vote on individual projects within the area as long as they are more that 500 feet from her property.  Councilmember Hamilton left the dais.

Mayor Howe opened the Public Hearing at 8:00 p.m., and there being no public comments, closed the Public Hearing.

Councilmember Miller moved, and Councilmember Swegles seconded, to adopt a Fourth Amendment to the Redevelopment Plan for the Central Core Redevelopment Project Area.  The motion carried with Councilmember Hamilton absent.

ORDINANCE NO. 2742-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE APPROVING AND ADOPTING A FOURTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CORE REDEVELOPMENT PROJECT AREA

At this juncture, Councilmember Hamilton returned to the dais.

CITIZENS TO BE HEARD

Ken Jorgensen, a member of the public, expressed dismay regarding the Council’s approval of the Sabercats tent application.  He asked the Council to hold off direction to planting of bushes and trees pending what the School district will do with the property.

Mayor Howe directed staff to consider the comments made by Mr. Jorgensen, and to speak with the School District regarding a timeframe that would be more effective.

David Regester, a member of the public, expressed concern regarding the tree removal process.  He asked the Council to defer the Planning Commission’s decision to remove a large cedar tree until the public has had a chance to review and respond to the application.

Mayor Howe directed staff to review the process for this application for any modifications as necessary.

PUBLIC HEARINGS/GENERAL BUSINESS

Coryn Campbell, Neighborhood and Community Services Manager, presented the staff report.  She reported that following the December 2002 presentation of Explore Options to Improve Community Outreach, Council directed staff to return to Council with an update on improving community outreach, including a plan for outreach to multicultural populations. As a result of the Connected Communities/Seamless Services Project, City outreach activities have increased. However, many efforts approved by the Council are still in the implementation phase, and a review is currently underway that indicates a limited amount of outreach to multicultural communities is already done by several City departments. Staff proposes that a community task force be convened to review practices on outreach to multicultural populations, and make recommendations to Council regarding the appropriate outreach.

Mayor Howe opened the Public Hearing at 8:10 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Miller moved, and Councilmember Fowler seconded, to direct staff to proceed with the proposed approach for multicultural outreach.

Councilmember Swegles offered a friendly amendment to include an outreach to the mobile home community through their monthly publication, as opposed to doing a City mailer, at a comparable cost.  The amendment was accepted.

The motion carried unanimously.

Peter Bassett, Legislative Analyst, assisted by Coryn Campbell, Neighborhood and Community Services Manager, presented the staff report.   He stated a City-wide fee waiver policy is problematic since City fee waivers may serve different purposes, and it would be difficult to develop eligibility criteria for a general City-wide fee waiver policy. While it may be appropriate that the City subsidize recreation activities for lower income residents, it may not be appropriate for the City to subsidize other special benefit fees such as the building permit fee, and the cost of administering a general fee waiver policy could be significant.  In addition to the increased administrative costs associated with a general fee waiver policy, as more fee waivers are issued, City revenues would decrease accordingly.

Mayor Howe opened the Public Hearing at 8:15 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Miller moved, and Councilmember Swegles seconded, to direct staff to develop fee waivers for specific City services as identified by Council.  The motion carried unanimously.

Christy Gunvalsen, Neighborhood Preservation Manager, assisted by Richard Gutierrez, Neighborhood Preservation Specialist, presented the staff report.  She gave a brief overview of the Neighborhood Preservation Program’s history, a description of the functions of the Program, and highlights from Fiscal Year 2002-2003. Mr. Gutierrez presented a report regarding the new concentrated code enforcement effort, called the Neighborhood Enhancement Program, occurring in the Lakewood Village area.

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

Ken Jorgensen, a member of the public, stated the Sabercats tent application approval by the Council last week weakens the goals and policies referenced, and set a negative precedent for the City.

Mayor Howe closed the Public Hearing at 8:40 p.m.

Coryn Campbell, Neighborhood and Community Services Manager, presented the staff report.  She stated the four recommended priorities are fiscal reform, homeland security, Moffett Federal Airfield, and adoption of the International Building Code.  She further stated staff recommends six priority watch issues: investment funding for workforce development, telecommunications, environmental issues, transportation infrastructure and funding, water transit, and reducing the cost of doing business in California.

Councilmember Miller requested staff provide the latest update regarding the Moffett Airfield.

Vice Mayor Chu opened the Public Hearing at 8:45 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Miller moved, and Councilmember Swegles seconded, to approve the legislative policies and the intergovernmental priorities as proposed with the additions and corrections as discussed: 1) Policy to support efforts to revise the Constitution to shorten the regular legislative session to six months and prevent legislators, or the Governor, from being paid if the budget is not passed by June 30; and, 2) Page 15, reference to the INS, the Immigration and Naturalization Service has been replaced by the US Citizenship and Immigration Services under the Department of Homeland Security.  The motion carried unanimously.

Coryn Campbell, Neighborhood and Community Services Manager, presented the staff report.

Mayor Howe moved, and Councilmember Miller seconded, to:

1. Appoint representatives to the following intergovernmental relations positions:

• ABAG General Assembly – Councilmember Hamilton 1/05
• AGAG General Assembly – alternate – Councilmember Lee
• Bay Area Water Transit Community Advisory Committee – Councilmember Miller 1/05
• NOVA WIB Membership Selection Committee – Councilmember Miller 1/05
• Santa Clara County Cities Association, Board Member – Councilmember Miller 1/05
• Santa Clara County Cities Association, Board Alternate – Vice Mayor Chu 1/05
• Santa Clara County Cities Association, Legislative Action Committee – Vice Mayor Chu 1/05
• Santa Clara County Emergency Preparedness Council – Councilmember Fowler 1/05
• Santa Clara County Housing Bond Advisory Committee – Councilmember Swegles 1/05
• Santa Clara Valley Water District, Water Commission – Vice Mayor Chu 1/05
• Santa Clara Valley Water District North Central Zone Advisory Committee,  Chair – Councilmember Fowler 1/05
• Santa Clara Valley Water District North West Zone Advisory Committee – Vice Mayor Chu 1/05
• Sustainable Silicon Valley Initiative – Councilmember Lee 1/05
• Valley Transportation Authority, Board of Directors – Councilmember Fowler 12/04
• Valley Transportation Authority, CalTrain Policy Advisory Board – Vice Mayor Chu 1/05
• Valley Transportation Authority, Community Oriented Design Enhancement (CODE) Committee – Councilmember Fowler 1/05
• Valley Transportation Authority, Community Oriented Design Enhancement (CODE) Committee, Alternate – Vice Mayor Chu 1/05
• Valley Transportation Authority, Policy Advisory Committee Vice Mayor Chu 1/05
• Valley Transportation Authority, Policy Advisory
• Committee, Alternate – Mayor Howe 1/05

Councilmember Hamilton offered a friendly amendment to serve on for the Sustainable Silicon Valley instead of Councilmember Lee.  The amendment was accepted.

The motion carried unanimously.

Vice Mayor Chu announced he was appointed to the Environmental Quality Advisory Board for the League of California Cities, and Councilmember Swegles was appointed to the Housing and Community Development Committee of the League of California Cities.

Mayor Howe moved, and Councilmember Fowler seconded, to ratify the following intergovernmental assignments, not directly appointed by the Council, with the addition of Vice Mayor Chu to the Environmental Quality Advisory Board for the League of California Cities, and Councilmember Swegles to the Housing and Development Committee of the League of California Cities.

• Association of Bay Area Governments (ABAG)

- Finance and Personnel Committee, Vice-Chair - Councilmember Miller

-  Earthquake and Transportation Information Review Committee Chair – Councilmember Miller

- Legislation & Governmental Organization Committee – Councilmember Miller

- Regional Planning Committee – Councilmember Miller

- San Francisco Bay Trail Board of Directors – Councilmember Miller

- Regional Airport Planning Committee – Councilmember Miller

- Inter-Regional Partnership Board of Directors - Councilmember Miller

• Bay Area Economic Forum – Councilmember Miller
• League of California Cities

- Peninsula Division, President – Councilmember Miller, Exp. 11/04

• Santa Clara County Emergency Preparedness Council, President – Councilmember Fowler. Exp. 1/05 

The motion carried unanimously.

Mayor Howe announced his previous appointments to the City Selection Committee and the U.S. Conference of Mayors, and Councilmember Swegles to the Military Affairs Council

Mayor Howe requested that staff provide information to Councilmember Swegles regarding the process for the appointment to the Moffett Regional Advisory Board on its clean up efforts.

Vice Mayor Chu moved, and Councilmember Swegles seconded, to ratify the continued appointment of Mayor Howe as the LAFCO alternate.

Councilmember Miller noted her appointments to the National League of Cities as a Board member to the Women in Municipal Government for an additional two years, and to the Employee Relations of the League Policy Committee.

Vice Mayor Chu amended his motion to include the Councilmember Miller’s appointments.

The motion carried unanimously.

Susan Ramos, City Clerk, presented the staff report.

Mayor Howe opened the Public Hearing at 9:15 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Miller requested that staff look at an alternative date to move CDD #35, Allowable Construction Hours, to an earlier date.

Councilmember Fowler requested that CDD #29, Board on Accessibility for the Physically Challenged, not be moved to a later date than CDD #35.

Councilmember Swegles moved, and Councilmember Miller seconded, to approve the calendar of study issues and meeting dates to be held as shown on Attachment A, and approve the Council Study Priorities List as presented in Attachment B and Budget Modification No. 24, with the following amendments: June -1 Budget Hearing, June 15 - Final Budget Adoption, cancel the June 22 Council meeting, tentatively schedule a Council meeting for other items on June 29.    The motion carried unanimously.

No action was taken.

NON-AGENDA ITEMS & COMMENTS

COUNCIL

Councilmember Fowler stated he did not send out the Democratic Voice newsletter to residents and will try to stop the circulation of the newsletter if he finds out who is sending it out.

STAFF

There were no comments.

ADJOURNMENT

Mayor Howe declared the meeting adjourned at 9:29 p.m.

Respectfully submitted,

Susan Ramos, City Clerk