MINUTES
SUNNYVALE CITY COUNCIL
MARCH 30, 2004
The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Study Session regarding Solid Waste Program Orientation, a 6:30 p.m. Closed Session regarding SEA Labor Negotiations Pursuant to Government Code 54957,6, 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:
Absent:
|
Mayor John Howe
Vice Mayor Dean Chu
Councilmember Julia Miller
Councilmember Ron Swegles
Councilmember Melinda Hamilton
Councilmember Otto Lee
Councilmember Fowler (paid time off)
|
|
|
Staff Present:
|
Amy Chan, City Manager
Chuck Schwabe, Deputy City Manager
Joan Borger, Senior Assistant City Attorney
Robert Paternoster, Director of Community Development
Marvin Rose, Director of Public Works
Robert Walker, Director of Parks and Recreation
Mark Gregersen, Director of Human Resources
Jim Craig, Superintendent of Field Services
Curtis Black, Superintendent of Parks
Mark Petersen, Golf Services Supervisor
Myriam Castaneda, Human Resources Supervisor
Tim Kirby, Revenue Systems Supervisor
Byron Pipkin, Public Safety Captain
Susan Ramos, City Clerk |
PUBLIC ANNOUNCEMENTS
Vice Mayor Chu announced that at the March 23 Closed Session regarding the Town Center Mall Negotiations no direction was given or action taken.
Vice Mayor Chu announced the Council met in Closed Session regarding SEA Labor Negotiations Pursuant to Government Code 54957.6. He stated the discussions were not completed and will be continued to a subsequent closed session.
Councilmember Miller announced that the City of Sunnyvale, in conjunction with the Bay Area Air Quality Management District, will be sponsoring a lawn mower buy back program. The event will take place at Home Depot at 690 Kifer Road on Saturday, April 10, from 8:00 a.m. to 11:00 a.m. Lawn mowers must be drained of oil and there are a limited number of $100 rebates available. For more information, call the City staff at 730-7262.
Councilmember Swegles announced that he and Councilmember Lee represented the City at a Syrians National Day Celebration.
Vice Mayor Chu made the following announcement on behalf of the Council:
The City of Sunnyvale is currently recruiting for members on the following Boards and Commissions:
-
Arts Commission
-
Bicycle and Pedestrian Advisory Committee
-
Board of Building Code Appeals
-
Child Care Advisory Board
-
Heritage Preservation Commission
-
Housing & Human Services Commission
-
Board of Library Trustees
-
Parks and Recreation Commission
-
Personnel Board
-
Planning Commission
-
Advisory Council to the Council on Aging (must be at least 60 years old)
Eligible candidates must be a Sunnyvale resident (with the exception of the Child Care Advisory Board and the Bicycle and Pedestrian Advisory Committee) and be a registered voter. An information meeting will be held on April 14 at 6:00 p.m. at the Sunnyvale City Hall West Conference Room. The application deadline is May 21, 2004 at 5:00 p.m. For an application, please visit the Sunnyvale web site at www.sunnyvale.ca.gov or call Donna Biles at 730-7595.
Keith Ellis, President of the Fremont High School Alumni Association, announced a celebration on April 8 at 3:30 p.m. regarding the completion and renovations at the high school.
CONSENT CALENDAR
Councilmember Miller requested item 1.D. be pulled from the Consent Calendar and considered separately. Vice Mayor Chu moved, and Councilmember Swegles seconded, approval of the Consent Calendar with the Exception of 1.D. and include the approval of the special meeting minutes of March 20, 2004 as amended per a memo dated 3/30/04 from the City Clerk. The motion carried unanimously with Councilmember Fowler absent.
CONSENT CALENDAR
Fiscal Items
|
1.C. |
RTC 04-110 |
List of Claims and Bills Approved for Payment by the City Manager #189
Staff Recommendation: Review the attached list of bills.
|
|
1.D. |
RESOLUTION NO. 108-04
RTC 04-118 |
Resolution to Amend the FY 2003/04 Master Fee Schedule – Temporary Traffic Controls and Update on Other Potential Fees
|
Jim Craig, Superintendent of Field Services, assisted by Marvin Rose, Director of Public Works, presented the staff report.
Councilmembers posed, and staff responded to questions, regarding public contact, the shopping cart program, block party fees, potential overtime, resident material pick up and drop off, volume of types of events, and potentially charging a deposit on materials.
Mayor Howe opened the Public Hearing at 7:58 p.m.
Gordon Markley, a member of the public, spoke in opposition of placing fees on block party set up and requested the $100 fee for block parties be eliminated.
Ellen Kitchen, a member of the public, expressed opposition to charging a fee for block parties. She suggested a nominal fee of $25 would be more appropriate and supported the idea of residents picking up and returning the materials.
Jill Johnson, stated that block parties promote a sense of community and opposes the proposed fees. She supported the idea of residents picking up the materials.
Terry Yordan, a member of the public, stated that block parties have been instrumental in working with the SNAP program and opposes the proposed fee.
Joe Antuzzi, representing the Sunnyvale Downtown Association, spoke about the July 7 series event and that the labor is donated by the merchants and residents. He requested that the City either bring back the Grant Fund Program or make a donation.
Monica Draganowski-Davis, representing the Charles Street 100 Neighborhood Association, spoke in opposition to the $100 fee for block parties. She spoke in support of a program where residents pick up the materials.
Thom Mayer, a member of the public and a member of the Lakewood Village Neighborhood Association, questioned how this resolution would impact their holiday parade. Director Rose stated this would probably fall into Class 3 which would be $500.
James Labonte, a member of the public, asked if the letter that was sent out solicited public opinion. Mayor Howe stated he has received letters from residents.
Mayor Howe closed the Public Hearing at 8:20 p.m.
Councilmember Miller moved, and Councilmember Swegles seconded, with a friendly amendment to approve the resolution amending the FY 2003/04 Master Fee Schedule amended as follows: 1) Eliminate the $100.00 charge for block parties and charge no fee if materials will be picked up and returned by the applicant, otherwise charge a $25.00 for the City to deliver and pick up the materials. Impose a $25.00 refundable deposit for the applicant to pick up and return the materials; 2) Move the Lakewood Christmas parade to Type 2 with a $250.00 fee charge unless they pick up and return the materials in which case the fee charged would be $100; 3) Amend Exhibit “A” accordingly.
Councilmember Hamilton offered a friendly amendment to charge a cap of $100 for neighborhood association or groups registered with the City. The amendment was not accepted.
Vice Mayor Chu offered a friendly amendment that block parties are designated as a separate category. The amendment was accepted.
Councilmember Lee offered a friendly amendment to change the Type 4 category fee range from $500 to $5,000 to $500 to $2,000. He later withdrew his amendment.
The motion carried unanimously with Councilmember Fowler absent.
RESOLUTION NO. 108-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING RESOLUTION NO. 125-03, THE CITY'S FEES, RATES AND CHARGES RESOLUTION, PERTAINING TO TEMPORARY TRAFFIC CONTROLS
Contracts
|
|
1.E. |
RTC 04-108 |
Award of Contract for Maintenance and Support for the Public
Safety Dispatch and Records Management System (No F0303-56)
Staff Recommendation: award a one-year contract in the amount of $76,631 to Tiburon, Inc., of Fremont for software maintenance and support for the Department of Public Safety CAD/RMS system.
|
|
1.F. |
RTC 04-109 |
Agreement between City of Sunnyvale and Sunnyvale Singers for Use of the Sunnyvale Community Center Theatre
Staff Recommendation: Approve the Sunnyvale Singers Agreement For Use of the Community Center Theatre, depicted by Attachment A, for three years and authorize the City Manager to enter into said agreement dated January 1, 2004.
|
|
|
|
|
Other Items
|
1.G. |
RTC 04-112 |
Ratification of Councilmember Swegles’ Appointment to the Former Naval Air Station Moffett Field Restoration Advisory Board
Staff Recommendation: Council ratify Councilmember Swegles’ appointment to the RAB.
|
Charles Clark, a member of the public, complained that Ortega Park is being monopolized by a Cricket club every Sunday and solicited Council’s support to limit their hours of use.
Rich Shapiro, a member of the public, advocated for police officers to wear a recording device that must be turned on during questioning if a suspect requests it.
Werner Gans, a member of the public, made suggestions to the Council on cost saving measures for the City and distributed his list of suggestions to the Council.
PUBLIC HEARINGS/GENERAL BUSINESS
|
2. |
RTC 04-113
|
Moffett Park Specific Plan and Associated Amendments to the Zoning Ordinance (Staff requests continuance to April 27) |
Mayor Howe opened the Public Hearing at 9:01 p.m. and, there being no pubic comments, closed the Public Hearing.
Councilmember Swegles moved, and Councilmember Miller seconded, to approve staff’s recommendation to continue this item to the April 27, 2004 Council Meeting. The motion carried unanimously with Councilmember Fowler absent.
Curtis Black, Superintendent of Parks, assisted by Mark Petersen, Golf Services Supervisor, presented the staff report.
Councilmembers posed questions to staff regarding resident and non-resident fees, and reduced fee producing more patronage.
Mayor Howe opened the Public Hearing at 9:10 p.m.
James Labonte, a member of the public, asked if other alternatives were considered and if other cities had implemented new fees. Mr. Black responded they continuously consider other options including adjusting green fees to encourage optimum play.
Mayor Howe closed the Public Hearing at 9:15 p.m.
Councilmember Swegles moved, and Vice Mayor Chu seconded, to approve staff’s recommendation to postpone previously approved green fee increases planned for April 1, 2004.
Vice Mayor Chu offered a friendly amendment to direct staff that when the next golf fee survey is taken, it show what the fees were in prior years and if there are resident discounts. The amendment was accepted.
The motion carried unanimously with Councilmember Fowler absent.
Mark Gregersen, Director of Human Resources, assisted by Myriam Castaneda, Human Resources Supervisor, presented the staff report.
Mayor Howe opened the Public Hearing at 9:18 p.m.
Werner Gans, a member of the public, endorsed the new plan and thanked staff for their efforts.
Mayor Howe closed the Public Hearing at 9:20 p.m.
Councilmember Miller moved, and Councilmember Lee seconded, to approve staff’s recommendation approving the implementation of the revised Employee Suggestion Awards Program and consider including funding of $10,000 for FY 2004/05 budget. The motion carried unanimously with Councilmember Fowler absent.
|
5. |
RTC 04-107 |
Feasibility of Consolidating Municipal Elections with State and Federal Elections in November of Even-Numbered Years
|
Mayor Howe opened the Public Hearing at 9:23 p.m. and, there being no public comments, closed the Public Hearing.
Councilmember Hamilton moved, and Councilmember Miller seconded, to continue this item to next week’s meeting when a full Council will be present. The motion carried with Councilmember Swegles dissenting and Councilmember Fowler absent.
|
6. |
RTC 04-117
|
Response to Council Request for Analysis of Shortening the Utility Billing Delinquency Cycle |
Tim Kirby, Revenue Systems Supervisor, presented the staff report.
Councilmembers posed questions regarding how many customers are paying between the 26th and 30 days and the dollar amount. Vice Mayor Chu requested this information be included in future studies. Questions were posed regarding the basis of staff’s recommendation.
Mayor Howe opened the Public Hearing at 9:37 p.m.
Werner Gans, a member of the public, posed questions regarding how staff calculated revenues. He advocated to keep the current system in place.
Mayor Howe closed the Public Hearing at 9:39 p.m.
Councilmember Miller moved, and Councilmember Swegles seconded, to approve staff’s recommendation to make no change to the current process. The motion carried unanimously with Councilmember Fowler absent.
|
7. |
RESOLUTION NO. 109-04
RTC 04-116 |
Approval of a Waste Tire Enforcement Grant for the Department of Public Safety and Budget Implication on the Hazardous Material Inspection Program
|
Byron Pipkin, Public Safety Captain, presented the staff report.
Mayor Howe opened the Public Hearing at 9:47 p.m.
Thom Mayer, a member of the public, encouraged the Council to do something about the junk tires and expressed concerns regarding West Nile Virus breeding in the tires.
Mayor Howe closed the Public Hearing at 9:48 p.m.
Vice Mayor Chu moved, and Councilmember Swegles seconded, to approve staff’s recommendation to adopt a Resolution authorizing a formal application to the California Integrated Waste Management Board for a waste tire enforcement grant effective for 5 years. The motion carried unanimously with Councilmember Fowler absent.
RESOLUTION NO. 109-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AUTHORIZING AN APPLICATION TO THE CALIFORNIA WASTE MANAGEMENT BOARD FOR A WASTE TIRE ENFORCEMENT GRANT AND AUTHORIZING THE CITY MANAGER TO SIGN ON BEHALF OF THE CITY
CITIZENS TO BE HEARD (reopened by Mayor Howe at 9:52 p.m.)
Thom Mayer, a member of the public, suggested that if the Council is going to be looking at the usage of City parks by various groups, they look at all the parks.
Clay Fonis, a member of the public, directed comments to Council regarding playing Cricket in Ortega Park and stated it was not safe for other people to be using the park when they are playing. He advocated for the cricket people not be allowed to practice on the field.
James Labonte, a member of the public, suggested minimizing the use of the park by the Cricket group.
NON-AGENDA ITEMS & COMMENTS
COUNCIL
Mayor Howe thanked the Library staff for the information report on Staff Response to Request for City Sponsorship of New Frontiers in Prevention of Breast Cancer Event.
Councilmember Miller noted that the item under information, RTC 04-111, has alternatives and a staff recommendation. City Manager Chan clarified that staff’s report was to provide information to the Council regarding staff’s intent to move forward with alternative 1, Retain consistency with City policy and do not grant a fee waiver for events to be planned by Ms. Smirni in October 2004, and alternative 3, Permit the Library to partner with Ms. Smirni in presenting an informational program for the public. She further stated that if the proposed alternatives are not acceptable to the Council, staff can bring the item back next week for Council consideration. There was no opposition from the Council.
STAFF
There were no comments.
ADJOURNMENT