MINUTES

SUNNYVALE CITY COUNCIL 

OCTOBER 19, 2004

7:30 P.M.

The City Council of the City of Sunnyvale adjourned from a 6:00 p.m. Study Session to Review Options for the use of the $1.5 million Capital Project: Downtown Public Improvements,  and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:30 p.m., with Mayor Howe presiding.

SALUTE TO THE FLAG

Mayor Howe led the salute to the flag assisted by Boy Scout Pack 426.

ROLL CALL

PUBLIC ANNOUNCEMENTS

Mayor Howe announced Joan Borger as the new Interim City Attorney.  

Vice Mayor Chu made the following announcements on behalf of the Council:

Saturday, October 23, is the annual “Make a Difference Day”, and the City of Sunnyvale will be hosting several environmental projects at Baylands Park.  For additional information, contact Romie Georgia at (408) 730-7536.

The Sunnyvale Parks Division and the Sunrise Rotary Club will be hosting a Volunteer Planting/Work Day at Ortega Park, at 626 Harrow Way, on Saturday, October 30, from 9:00 a.m. to noon.  For more information, call Mike Jones at 408-730-7582.

Vice Mayor Chu reported the Council met in Closed Session regarding Labor Negotiations - SEA pursuant to Government Code 54957.8.  Direction was given and no action was taken.

Councilmember Miller announced that Councilmember Hamilton gave birth to a son on Friday, October 15.

Robert Paternoster, Director of Community Development, gave an update on the downtown redevelopment project progress.

CONSENT CALENDAR

Mayor Howe requested item 1.I be pulled from the Consent Calendar and considered separately.  Councilmember Lee requested item 1.A be pulled from the Consent Calendar and considered separately.  Vice Mayor Chu moved, and Councilmember Swegles seconded, to approve the Consent Calendar with the exception of Items 1.A and 1.I.  The motion carried unanimously with Councilmember Hamilton absent.

Mayor Howe opened the Public Hearing at 7:42 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Lee moved, and Vice Mayor Chu seconded, to amend the minutes under item 3, page 8, third paragraph to reflect that a consideration of the removal of one floor and height reduction of the seven units on the south end of the project were presented as options for the developer, the neighborhood and staff in its efforts to work out a resolution to the building architectural issues. The motion carried unanimously with Councilmember Hamilton absent.

Personnel Items

Fiscal Items

Contracts

Other Items

Pat Dwyer, Interim Director of Public Safety, presented the staff report stating there would be maintenance funding required and requested it be re-agendized to the next meeting.

Mayor Howe opened the Public Hearing at 7:47 p.m. and, there being no public comments, closed the Public Hearing.

Mayor Howe moved, Councilmember Miller seconded to re-agendize this matter to the Council meeting of November 9, 2004. The motion carried unanimously with Councilmember Hamilton absent.

CITIZENS TO BE HEARD

There were no comments.

PUBLIC HEARINGS/GENERAL BUSINESS

Steve Sloan, Supervising Librarian, assisted by Victoria Johnson, Director of Libraries, presented the staff report.

Staff responded to questions posed by the Council regarding volunteers, outside funding, services to be eliminated and retained, circulation, charging for services, fundraising, subsidy figures, and increased fees.

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

Mikio Ishimaru, a member of the public, requested that this program be continued due to it’s value and reputation to the community.

Mayor Howe closed the Public Hearing at 8:27 p.m.

Councilmember Fowler moved, and Councilmember Miller seconded, to approve Alternative 3, to eliminate all specialized patent and trademark services, but continue to provide free basic reference service through existing Adult Services resources.

Councilmember Lee moved a substitute motion, and Vice Mayor Chu seconded, to continue the program until June 30, 2005 unless alternative funding is found, and to see if the City can balance this funding, do fund raising, or have a university take over this program.  Funding of $55,000 would come from the Non-Reoccuring Events fund with $3,500 designated for a fund raising event.

Councilmember Fowler offered a friendly amendment that City funding for The Sunnyvale Center for Innovation, Invention cease as of June 30, 2005, issue a challenge to the Intellectual Property Community through the Advisory Board to raise funds to keep it open, and suggest an annual fund raising event be held to cover the costs of the program.  The amendment was accepted.

Councilmember Miller offered a friendly amendment to do fund raising with the Advisory Board through email with a deadline of December 31, 2004 as one of the options.  The amendment was accepted.

The motion failed with Mayor Howe, and Councilmembers Miller and Swegles dissenting and Councilmember Hamilton absent.

The original motion carried with Councilmember Lee and Vice Mayor Chu dissenting and Councilmember Hamilton absent.

Nancy Steward, Superintendent of Arts and Recreation, assisted by Robert Walker, Director of Parks and Recreation, presented the staff report.

Staff responded to questions posed by the Council regarding maintenance requirements.

Mayor Howe opened the Public Hearing at 9:11 p.m.

Jennifer Paedon, representing the Moffett Park Business and Transportation Association, expressed concern about the proposed changes to the ordinance and stated they oppose the new ordinance.  She further noted concerns related to replacement costs and moving costs of the art as well as the ability of the City to attract new businesses.

John McCarthy, representing Yahoo, stated they do not support the proposed amendments to the Ordinance and requested the Council not approve them.  He expressed concern about the increased costs of insurance and the expense of moving the artwork.

Adam Simms, of Toyota Sunnyvale, expressed concerns about the proposed amendments and the impact on doing business.

Suzi Blackman, President and CEO of the Sunnyvale Chamber of Commerce, expressed concerns related to maintenance of artwork, insurance costs, accessible artwork to the public, and the need for the ordinance.  She requested that the Council oppose the proposed Ordinance.

Mayor Howe closed the Public Hearing at 9:35 p.m.

Councilmember Fowler moved, and Councilmember Lee seconded, to approve staff’s recommendation of Alternatives 1 through 7, and require mitigation of stolen or damaged artwork at the one percent level for the first ten years and reduce the mitigation value of the artwork ten percent per year for the next ten years so there would be no replacement costs required.

Councilmember Lee withdrew his second.

The motion died for lack of a second.

Councilmember Miller moved, Councilmember Swegles seconded, to reject staff’s recommendation and not amend the current Code.  The motion carried  with Councilmember Fowler dissenting and Councilmember Hamilton absent.

Elaine Wesely, Purchasing Officer, assisted by Mary Bradley Director of Finance, presented the staff report.

Staff responded to questions posed by the Council regarding the timeframe for implementing the new process, and cost/hours of preparing reports.

Mayor Howe opened the Public Hearing at 9:58 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Swegles moved, and Councilmember Miller seconded, to approve staff’s recommendation to request the City Manager to include in the current policy update project the development of an Administrative Policy on the consistent and appropriate use of consultants.  The motion carried unanimously with Councilmember Hamilton absent.

Therese Balbo, Finance Manager, presented the staff report.

Staff responded to questions posed by the Council regarding costs of a two year license if the ordinance is not adopted.

Mayor Howe opened the Public Hearing at 10:02 p.m.

Suzi Blackman, President and CEO of the Sunnyvale Chamber of Commerce, stated the Chamber is in support of a two year licensing period to increase license application fees, but encouraged future cost containment.  She asked if the list of new business licenses be available to the public as it was in April 2004.  Director Bradley responded this services has been discontinued due to budget constraints.  Ms. Blackman asked if a fee could be imposed so the business community could have access to this information and how they can have the same access to the information as marketing firms do.

Mayor Howe requested staff to provide a written response in a memo to the Chamber of Commerce to the questions posed by the Suzi Blackman pertaining to the availability and accessibility of the list of new business licenses to the public and what it would cost the City to come up with a fee to charge the public for a list of new businesses. 

Mayor Howe closed the Public Hearing at 10:09 p.m.

Councilmember Miller moved, and Councilmember Swegles seconded, to approve Alternative 1, to introduce an ordinance to amend Chapter 5.04 of the Sunnyvale Municipal Code related to business license tax and adopt a resolution to increase the processing fees to $54.00 for new applications and $23.00 for renewing applications. 

At the request of the Mayor, the City Clerk read the title of the ordinance.

ORDINANCE NO. 2769-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING CHAPTER 5.04 OF THE SUNNYVALE MUNICIPAL CODE RELATED TO BUSINESS LICENSE TAX

The motion carried unanimously with Councilmember Hamilton absent.

RESOLUTION NO. 139-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING RESOLUTION NO. 120-04, THE CITY’S FEES, RATES AND CHARGES RESOLUTION, PERTAINING TO BUSINESS LICENSE FEES

Peter Bassett, Management Analyst, presented the staff report.

Staff responded to questions posed by the Council regarding the Proposition 72 policy decision, staff position on Proposition 66, staff position on Proposition 68, and history on the Council taking a position on ballot measures and propositions.

Mayor Howe opened the Public Hearing at 10:18 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Lee moved, and Councilmember Miller seconded, to adopt staff’s recommendation for Propositions and Measures listed under 1-18 with the following amendments:

Item 5   Prop. 62 – take no position

Item 7   Prop. 64 – take no position

Item 8   Prop. 66 – take no position

Item 14 Prop. 72 – take no position

Item 15 Measure A – No position

Item 16 Measure B – No position

Item 17 Measure C – No Position

Councilmember Fowler offered a friendly amendment to accept staff’s recommendation and oppose Proposition 62. The amendment was not accepted.

Councilmember Fowler moved a substitute motion, and Councilmember Swegles seconded, to oppose Proposition 62.  The motion failed with Mayor Howe, Vice Mayor Chu and Councilmember Miller dissenting with Councilmember Hamilton absent.

Councilmember Fowler offered a friendly amendment to support Proposition 72. Councilmember Miller did not accept the amendment.

Councilmember Fowler moved a substitute motion, and Councilmember Lee seconded, to support Proposition 72. The motion failed with Mayor Howe, Vice Mayor Chu and Councilmembers Miller and Swegles dissenting with Councilmember Hamilton absent.

Councilmember Fowler offered a friendly amendment to support Measure C.  Councilmember Miller did not accept the amendment.

Councilmember Fowler moved a substitute motion, and Councilmember Lee seconded, to support Measure C.  The motion failed with Mayor Howe, Vice Mayor Chu, and Councilmembers Miller and Swegles dissenting and Councilmember Hamilton absent.

Vice Mayor Chu offered a friendly amendment to take a no position on Proposition 60.  The amendment was accepted. 

Before calling for the vote, Mayor Howe provided a recap of the 18 legislative bills and positions contained in the motion.

Item 1 Prop. 59 – Support

Item 2 Prop. 60 – No position

Item 3 Prop. 60A – Support

Item 4 Prop. 61 – Support

Item 5 Prop. 62 – No position

Item 6 Prop. 63 - Support

Item 7 Prop. 64 – No position

Item 8 Prop. 66 – No position

Item 9 Prop. 67 – No Position

Item 10 Prop. 68 – No position

Item 11 Prop. 69 – Support

Item 12 Prop. 70 – No position

Item 13 Prop. 71 – Support

Item 14 Prop. 72 – No position

Item 15 Measure A – No position

Item 16 Measure B – No position

Item 17 Measure C – No Position

Item 18 Measure H – Support

The motion carried with Councilmember Fowler dissenting and Councilmember Hamilton absent.

In response to Mayor Howe, Interim City Attorney Joan Borger stated that the Ad Hoc Committee is effective as long as he is Mayor.  The new Mayor would have the option to continue the Committee or reconstitute it.

Mayor Howe opened the Public Hearing at 10:45 p.m. and, there being no public comments, closed the Public Hearing.

Mayor Howe appointed Councilmembers Swegles, Lee and himself to the ad hoc committee to search for a new City Attorney. He asked Councilmember Lee to call the first meeting by telephone.

NON-AGENDA ITEMS & COMMENTS

COUNCIL

STAFF

There were no comments.

ADJOURNMENT

Mayor Howe declared the meeting adjourned at 10:47 p.m.

Respectfully submitted,

Susan Ramos, City Clerk