SunnyvaleRTC

MINUTES
SUNNYVALE CITY COUNCIL
June 1, 2004

The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Closed Session on the Town Center Mall Negotiations Pursuant to Government Code 54956.8, 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

PRESENT:

Mayor John Howe

Vice Mayor Dean Chu

Councilmember Fred Fowler

Councilmember Julia Miller

Councilmember Ron Swegles

Councilmember Melinda Hamilton

Councilmember Otto Lee

Staff Present:

Amy Chan, City Manager

Chuck Schwabe, Deputy City Manager

Valerie J. Armento, City Attorney

Mary Bradley, Director of Finance

Robert Walker, Director of Parks and Recreation

Robert Paternoster, Director of Community Development

Jack Witthaus, Division of Transportation and Traffic Manager

Annabel Yurutucu, Housing Officer

Grace Kim, Finance Manager

Susan Ramos, City Clerk

PUBLIC ANNOUNCEMENTS

Vice Mayor Chu announced the Council met in Closed Session on May 25 regarding Sunnyvale Employees Association (SEA) pursuant to Government Code Section 54957.6 labor negotiations and direction was given but no action was taken. Council also met on June 1 regarding the Town Center Mall negotiations pursuant to Government Code 54956.8 and continued it to after the regular meeting. Direction was given but no action was taken.

Susie Blackman, Chamber of Commerce, announced the Sunnyvale Arts and Wine Festival on June 5 and 6 from 10:00 a.m. to 6:00 p.m. in downtown Sunnyvale.

Council Member Lee announced the following:

Effective June 2, KSUN, Channel 18 will move to Channel 15 and the Sunnyvale Public Access Channel will move from Channel 60 to Channel 26. For more information, call the Sunnyvale Communications Office at 408-7320-7535 or Comcast Customer Service at 800-945-2288.
The award recipients for early education selected by the Child Care Advisory Group as follows: Bonnie Hasson of Bonnie’s House Play School (Family Child Care Provider category); Cumberland Child Development Center (Child Care Center category); Appleseed Montessori, Warner Campus (Preschool category); and, Lynda Brown of Appleseed Montessori, Dunford Campus (Teacher category)

Council Member Swegles invited the public to attend Sports Day at Moffett Field on June 3.

Amy Chan, City Manager, recognized the City’s new acting Director of Public Safety Robert Bradshaw and expressed appreciation for the contributions and efforts of the outgoing Director, Mike Maehler.

CONSENT CALENDAR

Mayor Howe noted a member of the public has requested to speak on item 1.F and pulled it.

Vice Mayor Chu moved, and Mayor Howe seconded, approval of the Consent Calendar with the exception of item 1.F. The motion carried unanimously.

1.A

Approval of Draft Minutes (Special Meeting with Assemblywoman Lieber of May 14, 2004 and Regular Meeting of May 18, 2004)

1.B.

Approval of Information/Action Items - Council Directions to Staff

Fiscal Items

1.C.

RTC 04-192

Award of Contract for Software Maintenance Services for the Integrated Financial System (No. F0305-74)

Staff Recommendation: Award a one-year contract, in substantially the same form as the attached draft, and in an amount not to exceed $82,359, to Tier Technologies, Inc., for software maintenance services for the City’s Integrated Financial System.

1.D.

RTC 04-193

Award of Bid No. F0304-64 for Agricultural Chemicals

Staff Recommendation: Award a one-year contract, with an option to extend the contract for two additional one-year periods, to Target Specialty Products for agricultural chemicals.

1.E.

RTC 04-195

Authorization to Amend an Existing Contract for Document Imaging Services (No. F0305-75)

Staff Recommendation: Amend an existing contract with Bid America, Inc., by authorizing an increase in the scope of services and increasing authorized expenditures by $20,000.

Contracts

1.F.

RTC 04-196

Award of Bid No. F0303-55 to Connect North and South Sunnyvale for Bicyclists and Budget Modification No. 41

Jack Witthaus, Transportation and Traffic Manager, responded to questions.

Mayor Howe opened the public hearing at 7:45 p.m.

Kevin Jackson, BPAC, expressed concerns about the Wolfe Road portion of the bike study and requested taking it back to the drawing board. He advocated returning to the original plan and restricting street parking and putting bike lanes on Wolfe Road.

Jennifer Paedon, Moffett Park representative, expressed support of staff’s recommendation for Mathilda Avenue and Moffett Park.

Thom Mayer, member of the public, concurred with Mr. Jackson that bike lanes would be appropriate on Wolfe Road from a motorist safety and engineering point of view, but is willing to try staff’s recommendation.

Mayor Howe closed the public hearing at 7:56 p.m.

Council Member Swegles moved and Council Member Hamilton seconded to 1) Award a contract, in substantially the same form as the attached draft, and in the amount of $130,770, to Prism Engineering, Inc., to complete phase one of the Connect North and South Sunnyvale Bicyclists project; 2) Approve a project contingency in the amount of $19,616; 3) Approve Budget Modification No. 41 to accept State Bicycle Transportation Account grant revenues and appropriate the required local match monies to the Connecting North and South Sunnyvale for Bicyclists project; and 4) directed staff to come back in one year to report on how the new system is working.

Motion passed unanimously.

Other Items

1.G.

RTC 04-188

Appointment to Santa Clara Valley Transportation Authority (VTA) Bicycle and Pedestrian Advisory Committee

Staff Recommendation: That the City Council re-appoint Mr. David Simons as the City of Sunnyvale representative to the Santa Clara Valley Transportation Authority Bicycle and Pedestrian Advisory Committee.

1.H.

RESOLUTION NO.

RTC 04-189

Authorization to File Fiscal Year 2004/05 Transportation Development Act Article Three Applications for Pedestrian and Bicycle Projects

Staff Recommendation: Adopt the attached resolution authorizing the filing of candidate project applications with the VTA and MTC for allocation of Transportation Development Act funds for FY 2004/05 for pedestrian/bicycle projects.

RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AUTHORIZING THE FILING OF AN APPLICATION WITH THE METROPOLITAN TRANSPORTATION COMMISSION FOR FUNDS FROM THE TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3 PROGRAM FOR BICYCLE/PEDESTRIAN PROJECTS FOR FISCAL YEAR 2004/05

1.I.

RTC 04-191

Authorization for Execution of San Francisco Public Utilities Commission Construction Permit for Calabazas Creek Trail Project

Staff Recommendation: Authorize the City Manager to execute the SFPUC Permit for the Calabazas Creek Trail.

1.J.

RESOLUTION NO.

RTC 04-194

Setting a Public Hearing Establishing the Fiscal Year 2004/2005 Wastewater Assessment Charges for Properties Located Outside the City

Staff Recommendation: Adopt the resolution, which sets a public hearing for June 15, 2004.

RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE PROVIDING FOR THE COLLECTION OF WASTEWATER SERVICE CHARGES ON PROPERTY OUTSIDE THE CITY FOR FISCAL YEAR 2004/2005.

CITIZENS TO BE HEARD

Rich Shapiro, a member of the public, protested against certain practices of the Police Department. He offered his phone number (650-598-7944) to anyone who wants to call him about his concerns. He noted that the new Acting Director of Public Safety offered to meet with him to discuss his concerns and he is looking forward to that meeting.

PUBLIC HEARINGS/GENERAL BUSINESS

rtc 04-199

ORDINANCE no.

Below Market Rate (BMR) Housing Program Update Including Fee Provision Ordinance Amendment and Budget Modification No. 43 to Appropriate Funds for BMR Homeownership Program Audit Costs

Annabel Yurutucu, Housing Officer, presented the staff report and responded to questions of the Council.

Mayor Howe opened the Public Hearing at 8:18 p.m.

Nancy Smith, Housing and Human Services Commission Chair, commended staff for their work and urged the Council to support staff’s recommendation.

There being no further public testimonies, Mayor Howe closed the public hearing at 8:20 p.m.

Council Member Swegles moved, and Vice Mayor seconded, to 1) Approve Amendment of Section 19.66 of the Sunnyvale Municipal Code to authorize fees to be charged to applicants in the BMR Home Ownership Program and Rental Program, effective July 8, 2004; and, 2) Approve Budget Modification No. 43 to recognize $10, 802 in additional BMR code violation revenues, appropriate an additional $70,303 to the BMR Audit project for expenditures related to the resolution of the audit findings, and reduce the budget for the First Time Homebuyer project to $500,347.

At the direction of Mayor Howe, the City Clerk read the title of the Ordinance, as follows:

ORDINANCE NO. 2751-04, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING SECTION 19.66.050 OF THE SUNNYVALE MUNICIPAL CODE PERTAINING TO AFFORDABLE HOUSING AND SINGLE ROOM OCCUPANCIES.

The motion passed unanimously.

rtc 04-198

Fiscal Year 2004/2005 Budget and Resource Allocation Plan, Establishment of Appropriation Limitation and Proposed Fee Increases

Grace Kim, Finance Manager, presented the staff report. Mark Eyrich, Finance Analyst and Director Mary Bradley were available for questions.

Mayor Howe opened the Public Hearing at 8:28 p.m.

Ray Pole, Vice Chair of the Parks and Recreation Commission, provided Commission comments on the proposed budget reductions under Budget Supplement 3:

DPR 23 (Litter Abatement) – approved recommendation and in addition suggested asking the public to help abate litter in all local parks
DPR 25 (Parks and Recreation Management) – opposed merging the Parks and Recreation Commission and the Arts Commission
DPR 27B (Customer Service, Registration, Publicity for Recreation Programs and Activities) – opposed the reduction and suggested extending a nominal fee for classes with less than 20 people
DPR 38 (Recreation and Arts for Adults and Rental Use of Recreation Facilities)) – opposed reduction because it impacts several items regarding visual arts

Mayor Howe closed the Public Hearing at 8:52 p.m.

William Soby, Chair of Library Board of Trustees, commented that the Board supports continuing the annual funding for Sunnyvale Library’s Children Collection and cited its reasons.

Dave Beezley, Chair, Arts Commission, commented that the Commission supports the proposed budget reductions with the exception of DPR 25 pertaining to Parks and Recreation Management. He suggested one way to cut costs is to reduce the frequency of the Parks and Recreation Commission meetings from biweekly to once a month. He urged keeping the Arts Commission and provide names of some of its community supporters.

Monica Davis, Vice Chair, Arts Commission, expressed support of the Arts and cited some of its benefits.

There being no further public testimonies, Mayor Howe closed the public hearing at 8:52 p.m.

Mayor Howe noted staff is requesting Council direction on Council Member Miller’s additional budget request regarding additional travel funding for FY 2004/05.

Vice Mayor Chu moved, Council Member Swegles seconded, that for fiscal year 2004-05, allow any Council Member to roll over any unused portion of their travel budget to the following year, or allow any Council Member to allocate all or a portion of their travel allowance to another Council Member. Motion passed unanimously.

NON-AGENDA ITEMS & COMMENTS

None

COUNCIL

Council Member Miller congratulated Council Member Lee on his recent promotion to U.S. Naval Reserve Commander.

STAFF

None

ADJOURNMENT

Mayor Howe adjourned the regular meeting at 9:05 p.m. to a continued Closed Session regarding Town Center Mall negotiations; at 9:35 p.m. to a Closed Session regarding Potential Litigation, Silicon Valley Animal Control Authority, pursuant to Government Code Section 54956.9; and, at 10:45 p.m. to a Closed Session regarding Personnel Matters, City Attorney pursuant to Government Code Section 54957.

Mayor Howe declared the meeting adjourned at 11:15 p.m.

Respectfully submitted

Susan Ramos,

City Clerk