MINUTES
SUNNYVALE CITY COUNCIL 
May 4, 2004

The City Council of the City of Sunnyvale adjourned from a 6:00 p.m. Study Session regarding Purchasing/Contract Approval Process, a 6:45 p.m. Study Session regarding Intergovernmental Relations Update, 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.

Councilmember Swegles read a speech by Senator John McCain as the Pledge of Allegiance.

Mayor Howe led the salute to the flag.

NOTE:  Pursuant to Government Code Section 54953, subdivision (b), this meeting will include teleconference participation by Councilmember Otto Lee from 165 Courtland Street, Room 1032, Atlanta, GA.

ROLL CALL

PUBLIC ANNOUNCEMENTS

Margaret Lawson, Chair of the Board of Leadership Sunnyvale, announced the graduation of the class of 2003/2004 on May 14 a 5:30 p.m. at Synopsis, 1101 West Maude Avenue, Building D in the cafeteria, Mountain View.  Please RSVP via email to svlorg@yahoo.com.

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

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

On June 2, KSUN, channel 18, will move to channel 15.  KSUN will continue to broadcast live City Council and Planning Commission meetings, as well as taped rebroadcasts, special programs and informational slides.  In addition, the Sunnyvale Public Access Channel will move from Channel 60 to Channel 26.

There is an ongoing recruitment for all the City Boards and Commissions.  The application deadline is Friday, May 21 at 5:00 p.m.  For more information, call the City Clerk’s office at (408) 730-7595.

Councilmember Miller encouraged the community to see Fiddler on the Roof at the Sunnyvale Community Center.

Mayor Howe announced a meeting with the Lakewood Village Neighborhood Association on Wednesday, May 12, which is the seventh in a series of City Council outreach meetings.  For more information, contact Community Services at (408) 730-7599.

CONSENT CALENDAR

Vice Mayor Chu moved, and Councilmember  Miller seconded, approval of the Consent Calendar.  The motion carried unanimously.

Fiscal Items

Personnel Items

Other Items

CITIZENS TO BE HEARD

Cameron Colson, a member of the public, requested a ban on all chemical use for weed control and submitted documents to the Council.

PUBLIC HEARINGS/GENERAL BUSINESS

Amy Chan, City Manager, presented the staff report.  She reported the official budget hearing will be on June 1 and adoption on June 15, and reviewed proposed processes for reviewing service levels.

Mayor Howe opened the Public Hearing at 8:04 p.m.

Tim Risch, a member of the public, addressed comments to the Council regarding the scope of the budget reductions, internal service reductions, and encouraged the Council to make objective decisions.

Mayor Howe closed the Public Hearing at 8:12 p.m.

The Council entered into a discussion that reached into the areas of changing priorities, the process to be used in ranking service levels, and what services to rank.

Councilmember Swegles moved, and Councilmember Miller seconded, to evaluate all service items that did not receive a ranking of four or more votes.  The motion carried unanimously.

Mayor Howe reviewed the ranking levels for the benefit of the public as follows:

1. -  No change to existing service level

2. -   5% increase

3. -  10% increase

4. -  15% increase

5. -   5% decrease

6. -  10% decrease

7. -  15% decrease

8. -  Eliminate the service

Optional  - Scalable 

Vice Mayor Chu moved, and Councilmember Hamilton seconded, to rank DPR-026, Customer Service, Registration and Publicity for Recreation Programs and Activities, at a 6 (10% decrease).  The motion carried unanimously.

Councilmember Fowler moved, and Councilmember Swegles seconded, to rank CDD-009, Optional Study Issues, at a 5 (5% decrease).  The motion carried unanimously.

Councilmember Fowler moved, and Councilmember Miller seconded, to rank CDD- 035, Citywide Business Partnerships and Business Assistance, as a 6 (10% decrease). 

Mayor Howe offered a friendly amendment to change the ranking to a 5 (5% decrease).  The amendment was accepted.  The motion carried unanimously.

Councilmember Fowler moved, and Mayor Howe seconded, to rank DPR-055, Provide Tournament Customer Sales and Reservation Services, as a 1 (no change to existing service level). 

Councilmember Swegles offered a friendly amendment to change the ranking to a 5 (5% decrease) and increase tournament fees.  The amendment was accepted.  The motion carried unanimously.

Councilmember Fowler moved, and Mayor Howe seconded, to rank DPR-070, Provide Tournament Customer, Sales and Reservations Services, Sunken Gardens, at a 5 (5% decrease).  The motion carried unanimously.

Councilmember Fowler moved, and Vice Mayor Chu seconded, to rank DPW-036, Roadside and Median Shrub Services, at a 6 (10% decrease).

Councilmember Miller offered a friendly amendment to rank DPW-036, at a 5 (5% decrease).  The amendment was accepted.  The motion carried unanimously.

Councilmember Fowler moved, and Mayor Howe seconded, to rank DPW-037, Roadside and Medium Weed and Litter Control, at a 5 (5% decrease).  The motion carried unanimously.

Councilmember Fowler moved, and Councilmember Mayor Howe seconded, to rank DPW-039, Service Medians, Bike lanes, Islands and Sidewalks, at a 5 (5% decrease).  The motion carried unanimously.

Councilmember Miller moved, and Mayor Howe seconded, to rank the suggestion awards part of HRD of HRD-009 at a 1 (no change to the existing service level).  The motion carried unanimously.

Councilmember Fowler moved, and Councilmember Miller seconded, to rank the balance of HRD-009, Provide Employee Incentives, at a 6 (10% decrease).  The motion carried unanimously.

Vice Mayor Chu moved, and Mayor Howe seconded, to rank OCM-024, Administrative Support for State of the City, at a 5 (5% decrease).

Councilmember Hamilton offered a friendly amendment to rank OCM-024 as a 6 (10% decrease).  The amendment was not accepted.

 The motion carried with Mayor Howe and Councilmember Hamilton dissenting.

Councilmember Swegles moved, and Councilmember Fowler seconded, to rank OCM-030, Periodic and Annual Performance Reporting, at an 8 for a one year period (Eliminate the Service) and re-evaluate at the next budget.  The motion carried unanimously.

Councilmember Fowler moved, and Councilmember Miller seconded, to rank OCM-031, Special Projects and Management Services, at a 7 (15% decrease).

Vice Mayor Chu offered a friendly amendment to rank OCM-031 as a 6 (10% decrease).  The amendment was not accepted.

The motion carried with Councilmember Swegles and Vice Mayor Chu dissenting.

Councilmember Fowler moved, and Mayor Howe seconded, to rank OCM-035, Assist City Departments in Areas Related to Communications, at a 5 (5% decrease).  The motion carried unanimously.

Councilmember Lee moved, and Mayor Howe seconded, to rank OCM-036, Provide Employee Communication via Newsletter, at a 5 (5% decrease).

Councilmember Hamilton offered a friendly amendment to rank OCM-036 as a 1 (no change to existing service level).  The amendment was accepted.  The motion carried with Councilmembers Miller and Swegles opposed.

Councilmember Fowler moved, and Councilmember Hamilton seconded, to rank OCM-037, Provide Information via KSUN and SunDial, at a 1 (no change to existing service level) for KSUN, and direct staff to come back with a options for eliminating the SunDial service without leaving out those who do not have internet access.

Councilmember Swegles offered a friendly amendment to upgrade the SunDial instead of eliminating it.  The amendment was not accepted.

The motion carried unanimously.

Optional – Not Scalable

Vice Mayor Chu moved, and Councilmember Miller seconded, to rank DPW-054, Street Tree Structural Pruning, at a 1 (no change to existing service level).  The motion carried unanimously.

Expected/Traditional – Scalable

Councilmember Fowler moved, and Mayor Howe seconded, to rank CDD-030, Liaison Between City and Retail and Hospitality Businesses, at a 1 (no change to existing service level). 

Vice Mayor Chu offered a friendly amendment to rank CDD-030 at a 5 (5% decrease) with a caveat that CDD-031, Implementing Marketing Opportunities to Support Retail and Hospitality Businesses, be ranked at a 2 (5% increase). The amendment was accepted. The motion carried with Councilmembers Swegles, and Hamilton dissenting.

Mayor Howe declared a recess at 9:40 p.m. and reconvened the meeting at 9:48 p.m.

Mayor Howe announced the Council would move to agenda item number 3 and then return to agenda item number 2.

Councilmember Fowler moved, and Mayor Howe seconded, to rank CDD-033, Developing Marketing Opportunities to Attract and Retain Office and Industrial Business, as a 1 (no change to existing service level). 

Councilmember Swegles offered a friendly amendment to rank CDD-033 as a 2 (5% increase).  The amendment was not accepted.

The motion carried unanimously.

Councilmember Miller requested staff to redesign this program to make it more effective.  Mayor Howe commented this item could be addressed as a study issue.

Councilmember Swegles moved, and Councilmember Fowler seconded, to rank CDD-034, Develop Strategies to Promote Sunnyvale as a Great Place to do Business and Link Businesses to the Community, as a 6 (10% decrease).  The motion carried unanimously.

Councilmember Fowler moved, and Councilmember Swegles seconded, to rank DPS-046, Crime Prevention – Provide Crossing Guard Services, as a 1 (no change to existing service level).  The motion carried unanimously.

Councilmember Swegles moved, and Vice Mayor Chu seconded, to rank DPW-006, Electrical Power for Streetlight System, as a 1 (no change to existing service level).  The motion failed with Councilmembers Hamilton, Miller, Fowler, and Lee dissenting.

Councilmember Fowler moved, and Councilmember Miller seconded, to request staff to come back with a recommendation on how to reduce this service by 5%.

Councilmember Hamilton offered a friendly amendment for staff to re-evaluate this service next year.  The amendment was accepted. 

Councilmember Fowler amended his motion for staff to identify the poles that are being turned off with a notice stating it is off for budget reasons and not maintenance reasons.

The motion carried with Councilmember Swegles and Vice Mayor Chu and Mayor Howe dissenting.

Councilmember Hamilton moved, and Councilmember Swegles seconded, to rank DPW-048, Concrete Reconstruction, as a 1 (no change to existing service level).  The motion carried unanimously.

Core Internal - Scalable

Councilmember Miller moved, and Councilmember Swegles seconded, to rank CDD-016, Use and Maintenance of Geographic Information System, as a 5 (5% decrease).  The motion carried unanimously.

Councilmember Swegles moved, and Councilmember Fowler seconded, to rank CDD-036, Provide Economic Prosperity Program Management, as a 5 (5% decrease). 

Councilmember Fowler offered a friendly amendment to rank CDD-036 as a 6 (10% decrease).  The amendment was accepted.  The motion carried unanimously.

Councilmember Fowler moved, and Vie Mayor Chu seconded, to rank DPS-024, Animal Control and Shelter Services – Administration and Support Activities, as a 5 (5% decrease).  The motion carried with Councilmembers Miller and Swegles dissenting.

Vice Mayor Chu moved, and Councilmember Swegles seconded, to rank DPS-049A, Recruitment and Selection of Public Safety Officers as a 6 (10% decrease).

Councilmember Swegles offered a friendly amendment to rank DPS-049A as a 5 (5% decrease).  The amendment was not accepted.

Councilmember Fowler made a substitute motion, and Councilmember Hamilton seconded to rank DPS-049A to a 5 (5% decrease).  The motion carried with Vice Mayor Chu dissenting.

Mayor Howe moved, and Councilmember Fowler seconded, to rank DPS-108, Department Administrative Services – Budget and Analysis, and Personnel Services, as a 5 (5% decrease).  The motion carried unanimously.

Councilmember Fowler moved, and Councilmember Swegles seconded, to rank DPW-074, Safety Training Related Activities, as a 5 (5% decrease).  The motion carried with Councilmembers Miller and Hamilton dissenting.

Councilmember Fowler moved, and Vice Mayor Chu seconded, to rank HRD-001 Provide Workforce Planning and Management and Employment Services, as a 5 (5% decrease), and request staff to come back with recommendations on how to achieve the 5% decrease.

Vice Mayor Chu offered a friendly amendment to rank HRD-001 as a 6 (10% decrease).   The amendment was accepted. The motion carried unanimously.

Councilmember Fowler moved, and Councilmember Swegles seconded, to rank HRD-007, Provide Support for Program and Department Services, as a 6 (10% decrease) and request staff to come back with recommendations on how to achieve the 10% decrease. The motion carried unanimously.

Core External – Scalable

Councilmember Miller moved, and Councilmember Swegles seconded, to rank DPR-010, Maintain Ornamental Ponds, Streams, and Fountains, and restore the water features in all ponds, starting this year, during the period from June to Labor Day, as a 3 (10% increase).

Councilmember Fowler offered a friendly amendment for staff to report back on the costs of restoring the water features.  The amendment was accepted.

Vice Mayor Chu offered a friendly amendment that the water features be restored from June through the end of September.   The amendment was accepted.

Councilmember Hamilton offered a friendly amendment for staff to report back on the monthly costs of restoring the water features.  The amendment was accepted.

Councilmember Miller offered a friendly amendment to restore the water features from July through September this year and from May through September next year.  The amendment was accepted.

The motion carried unanimously.

Legally Mandated Services – Scalable

Councilmember Fowler moved, and Vice Mayor Chu seconded, to rank DPS-053, Initial Training Services – Provide Recruit Base Police, Fire and EMS Training, as a 5 (5% decrease).

Vice Mayor Chu offered a friendly amendment to look for more savings over 5%.  The amendment was accepted.  The motion carried unanimously.

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

Mayor Howe opened the Public Hearing at 9:50 p.m.

Margaret Lawson, Board Chair of Leadership Sunnyvale, thanked staff for their efforts and solicited Council’s support of the progam.

Mayor Howe closed the Public Hearing at 9:53 p.m.

Vice Mayor Chu moved, and Councilmember Hamilton seconded, to accept staff’s recommendation for Alternative 1, to direct staff to implement the proposed plan fostering leadership: SVL/City of Sunnyvale Proposed Joint Venture for Leadership Training for Civic Engagement.  The motion carried unanimously.

Lorrie Gervin, Environmental Division Manager, presented the staff report.

Mayor Howe opened the Public Hearing at 11:24 p.m.

Cameron Colson, a member of the public, recommended the Council look at what they can do in the future to protect the community from the open storm drain system.

Mayor Howe closed the Public Hearing at 11:28 p.m.

Councilmember Miller moved, and Councilmember Fowler seconded, to accept staff’s recommendation for Alternative 1, to introduce an Ordinance amending Chapter 12.60 of the Sunnyvale Municipal Code to implement the project-type exemptions and flexibility now allowed by the California Regional Water Quality Control Board, Region 2. 

At the direction of the Mayor, the City Clerk read the title of the ordinance:

ORDINANCE NO. 2749-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING CHAPTER 12.60 OF THE SUNNYVALE MUNICIPAL CODE ENTITLED "STORM WATER MANAGEMENT”

The motion carried unanimously.

Peter Bassett, Legislative Analyst, presented the staff report.

Staff responded to questions regarding the Brown Act, clarifying existing language and consistency with existing documents.

Mayor Howe opened the Public Hearing at 11:36 p.m.

Tim Risch, a member of the public, asked the Council to consider revising the Code of Conduct with regard to “any request for a meeting with staff must be directed to the City Manager or City Attorney as appropriate”, and the City policy for review, analysis of public citizen complaint process, and information supplied to a Councilmember in response to a request must be made available to all members of the City Council and City Manager.

Mayor Howe closed the Public Hearing at 11:39 p.m.

Councilmember Fowler moved, and Vice Mayor Chu seconded with a friendly amendment, to accept staff’s recommendation of Option 1, to revise the Code of Conduct, and update the Legislative Policy, and review the documents and information referenced by Tim Risch in his public testimony to see whether they need to be incorporated into the proposed policy.  The amendment was accepted.  The motion carried unanimously.

NON-AGENDA ITEMS & COMMENTS

COUNCIL

Councilmember Miller requested staff to provide her with a copy of the videotape of the community outreach meeting regarding the downtown project.

STAFF

There were no comments.

ADJOURNMENT

Mayor Howe declared the meeting adjourned at 11:45 p.m.

Respectfully submitted,
Susan Ramos, City Clerk