MINUTES
SUNNYVALE CITY COUNCIL
SEPTEMER 14, 2004
7:30 P.M.
The City Council of the City of Sunnyvale adjourned from a 5:00 p.m. Closed Session regarding Threatened Litigation: SMaRT Station, Pursuant to Government Code 54956.9(b), a 6:00 p.m. Study Session regarding Salary Range Control Point Setting Process and Schedule for City Manager and City Attorney Review, a 6:30 p.m. Study Session regarding Intergovernmental Relations Update, and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:30 p.m., with Vice Mayor Chu presiding.
SALUTE TO THE FLAG
Mike DeSilva and the Sunnyvale Girls Softball All Star Team led the salute to the flag.
ROLL CALL
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PRESENT:
Absent: |
Vice Mayor Dean Chu
Councilmember Fred Fowler
Councilmember Julia Miller
Councilmember Ron Swegles
Councilmember Melinda Hamilton
Councilmember Otto Lee
Mayor Howe (excused absence)
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Staff Present: |
Amy Chan, City Manager
Valerie J. Armento, City Attorney
Chuck Schwabe, Deputy City Manager
Robert Paternoster, Director of Community Development
Patrick Dwyer, Interim Director of Public Safety
Robert Walker, Director of Parks and Recreation
Mark Gregersen, Director of Human Resources
Victoria Johnson, Director of Libraries
Myriam Castaneda, Human Resources Supervisor
Gerri Caruso, Principal Planner
Karen Davis, Economic Development Manager
Jenny Shain, Parks and Recreation Manager
Peter Bassett, Legislative Analyst
Susan Ramos, City Clerk |
SPECIAL ORDER OF THE DAY
Vice Mayor Chu, who was joined at the podium by Mike DeSilva, Manager of the Sunnyvale National 11-to-12 Year-Old Girls Softball All-Stars Team, was presented with a Certificate of Congratulation, and each member of the team was recognized by the Vice Mayor with a Certificate of Congratulation.
PUBLIC ANNOUNCEMENTS
City Manager Amy Chan introduced Pat Dwyer, the new Interim Director of Public Safety.
Councilmember Swegles announced the Council met in Closed Session regarding Threatened Litigation: SMaRT Station, Pursuant to Government Code 54956.9(b). Direction was given but no action was taken.
Vice Mayor Chu announced “Make A Difference Day” on Saturday, October 23. For more information, contact Romie Georgia at 730-7536.
Arley Marley, representing the Leukemia Lymphoma Society, advocated for the Council to join the Leukemia Lymphoma Society in designating the month of September as Leukemia Lymphoma and Myeloma Awareness Month. He requested a proclamation from the City of Sunnyvale.
Christopher Moylan, a member of the public, announced the Community Theater Group is performing the play, “Jesus Christ, Superstar”. He stated the show runs from Thursday through Sunday with the last performance on October 3. For more information call (408) 733-6611.
Doug Epstein, President of Evolved Sports, announced the Silicon Valley Marathon on October 31. For more information, visit the web site at svmarathon.com.
CONSENT CALENDAR
Councilmember Hamilton requested items 1.I and 1.N be pulled from the Consent Calendar and considered separately. Councilmember Swegles moved, and Councilmember Miller seconded, approval of the Consent Calendar with the exception of items 1.I and 1.N. The motion carried unanimously with Mayor Howe absent.
Fiscal Items
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1.C. |
RTC 04-319 |
Lists of Claims and Bills Approved for Payment by the City Manager (Nos. 210, 211, and 212)
Staff Recommendation: Review the attached lists of bills.
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1.D. |
RTC 04-315 |
Agreement Between City of Sunnyvale and Sunnyvale Judo Club for Use of the Washington Park Building
Staff Recommendation: Approve the Agreement Between City of Sunnyvale and Sunnyvale Judo Club, depicted by Attachment A, and authorize the City Manager to enter into said Agreement.
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1.E. |
RTC 04-321 |
Agreement Between City of Sunnyvale and Sunnyvale Pop Warner Football for Use of City Facilities and Play Fields
Staff Recommendation: Approve the Agreement Between City of Sunnyvale and Sunnyvale Pop Warner Football, depicted by Attachment A, and authorize the City Manager to enter into said Agreement.
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1.F. |
RTC 04-316 |
Agreement Between City of Sunnyvale and Sunnyvale Swim Club for Use of the Swimming Pool and Associated Locker Rooms and Office at Sunnyvale Middle School
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1.G. |
RTC 04-313 |
Authorization to Submit Grant Application to Satterberg Foundation for Development of Community Gardens
Staff Recommendation: Authorize staff to apply for a total of $40,000 funding from the Satterberg Foundation for development of community gardens in Sunnyvale.
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1.H. |
RTC 04-312 |
Annual Membership Dues for Intergovernmental Associations
Staff Recommendation: Pay the FY2004/05 membership dues for the following: LCC Peninsula Division in the amount of $100; SCCCA dues in the amount of $6,300.
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Personnel Items
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1.I. |
RTC 04-322 |
Study the Feasibility of Extending Benefits to Domestic Partners for All Regular Employees of the City
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Myriam Castaneda, Human Resources Supervisor, assisted by Mark Gregersen, Director of Human Resources, presented the staff report.
Staff responded to questions from the Council relating to the mechanics of how these benefits would be granted.
Vice Mayor Chu opened the Public Hearing at 8:05 p.m.
Jamie McLeod, a member of the public, expressed her disappointment that it has taken a legal requirement from the State to grant these benefits.
Vice Mayor Chu Closed the Public Hearing at 8:07 p.m.
Councilmember Hamilton moved, and Councilmember Fowler seconded to approve Alternative 1, take no action and wait until California Registered Domestic Partner Rights and Responsibilities Act of 2003 becomes law on January 1, 2005. The motion carried unanimously with Mayor Howe absent.
Contracts
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1.J. |
RTC 04-323
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Award of Bid No. F0306-92 for Asphaltic Materials for Street Maintenance and Repair
Staff Recommendation: Award one-year contracts to Granite Rock Company, Raisch Products, and Reed and Graham, Inc., for asphaltic materials and authorize the Purchasing Officer to issue one-year blanket purchase orders to that effect.
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1.K. |
RTC 04-327 |
Award of Bid No. F0407-03 to Resurface the Asphalt Drying Area at the Water Pollution Control Plant
Staff Recommendation: Award a contract, in substantially the same form as the attached draft and in the amount of $349,520, to No Fault Asphalt, Inc., to resurface the asphalt drying area at the Water Pollution Control Plant and install PVC air line; and
approve a project contingency in the amount of $52,428.
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Other Items
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1.L. |
RTC 04-328
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Response to Santa Clara County Civil Grand Jury Regarding Inquiry Into the Formation of an Investigative Subcommittee at a Sunnyvale City Council Meeting
Staff Recommendation: Ratify the response to the Santa Clara County 2003/2004 Civil Grand Jury’s Report on “Inquiry into the Formation of an Investigative Subcommittee at the Sunnyvale City Council Meeting”.
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1.M. |
RTC 04-318 |
Response to Santa Clara County Civil Grand Jury Regarding Inquiry Into Police Evidence Rooms in Santa Clara County
Staff Recommendation: Authorize the Mayor to sign the attached official response form and accompanying letter (Attachment A) in response to the Grand Jury’s findings and recommendations.
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1.N. |
RTC 04-302 |
Appointment of Representative to Silicon Valley Library System Advisory Board
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Victoria Johnson, Director of Libraries, availed herself for questions.
Councilmember Hamilton pulled this item to congratulate staff on choosing Thomas Flaherty as the candidate.
Vice Mayor Chu opened the Public Hearing at 8:11 p.m. and, there being no public comments, closed the Public Hearing.
Councilmember Hamilton moved and Councilmember Miller seconded, to approve Alternative 1, to appoint the candidate Thomas Flaherty as nominated by the Board of Library Trustees. The motion carried unanimously with Mayor Howe absent.
CITIZENS TO BE HEARD
Rich Shapiro, a member of the public, expressed concerns with the Department of Public Safety.
Arley Marley passed out a document relating to the requested Leukemia Lymphoma Society proclamation.
PUBLIC HEARINGS/GENERAL BUSINESS
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2. |
RTC 04-324 |
Appeal of a Decision by the Planning Commission Approving a Use Permit With a Condition to Install a Camouflage Design Monopole Located at 1256 Birchwood Drive
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Gerri Caruso, Principal Planner, presented the staff report.
Staff responded to questions from the Council regarding the appeal deadlines, the details of a proposed study issue, and a map of the location of poles in the City.
Vice Mayor Chu opened the Public Hearing at 8:24 p.m.
Richard Martel, of McKenzie & Albritton LLP and representing AT&T Wireless (Appellent/Applicant), distributed a picture of tree poles to the Council and stated the tree tower would be obvious as there are no other trees in close proximity and expressed concerns regarding the cost of $170,000. He responded to questions from the Council regarding the cost, and the manner in which the condition was imposed.
Howard Yee, Appellant/Applicant on behalf of AT&T Wireless, stated that the Planning Commission imposed the condition without any discussion. He stated a tree pole is not appropriate for this location. He responded to questions from the Council regarding different types of camouflage, the financial burden, and a flush mounted pole.
Robert Smith, Zoning Compliance Manager for Crown Castle, stated the height of the pole would be a problem as it would exceed the FAA height requirements and would require a light at the top of the pole.
Councilmember Miller clarified that the Planning Commission requirement was for a camouflage design and not a tree pole.
Vice Mayor Chu closed the Public Hearing at 8:49 p.m.
Councilmember Swegles moved, and Councilmember Lee seconded, to approve Alternative 1, to grant the appeal and approve the Use Permit, with attached conditions (without condition to camouflage the monopole).
Councilmember Lee offered a friendly amendment for Condition #4 to read from “may” to “must” be flush mounted. The amendment was accepted.
The motion carried with Councilmember Fowler dissenting and Mayor Howe absent.
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3. |
RTC 04-317 |
Acceptance of Contribution From Property Owners in the Amount of $2,000 for Murphy Avenue Tree Lights Maintenance and Budget Modification No. 4
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Karen Davis, Economic Development Manager, presented the staff report.
Staff responded to questions regarding the Business Improvement Districts (BID) process and the geographical area.
Councilmember Miller requested that in addition to the Mayor’s letter, staff to prepare a letter in her name to thank the donors along with Mayor Howe’s since she was part of the initiative to fund the utility expense to maintain these lights for one year. City Manager Chan noted she is working with the downtown merchants on the street light maintenance.
Vice Mayor Chu opened the Public Hearing at 9:08 p.m. and, there being no public comments, closed the Public Hearing.
Councilmember Miller moved, and Councilmember Swegles seconded, to approve Alternative 1, to accept the contribution of $2,000 from downtown property owners and approve Budget Modification No. 4 to appropriate the funds to Murphy Avenue Tree Lights Maintenance project for one year. The motion carried unanimously with Mayor Howe absent.
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4. |
RTC 04-325
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Employee Eligibility for Post Retirement Medical Benefits |
Mark Gregersen, Director of Human Resources, assisted by Myriam Castaneda, Human Resources Supervisor, presented the staff report.
Staff responded to Council inquires regarding other cities operating under this alternative, modifications to the program, responsibility for paying retirement benefits, and vesting requirements.
Vice Mayor Chu opened the Public Hearing at 9:34 p.m. and, there being no public comments, closed the Public Hearing.
Councilmember Swegles moved, and Councilmember Miller seconded, with the understanding that staff will be monitoring the program closely to protect the trend, to approve Alternative 3, do not make any changes to the current post retirement medical benefit plan at this time, but include the post retirement medical plan vesting analysis in the broader study of the City’s continued participation in PEHMCA. The motion carried unanimously with Mayor Howe absent.
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5. |
RTC 04-310 |
Proposed Study Issue Paper Regarding Youth and Senior Rates for Recreation Programs and Activities |
Robert Walker, Director of Parks and Recreation, assisted by Jenny Shain, Parks and Recreation Manager, presented the staff report.
Staff responded to Council questions regarding adding all age group rates, future needs being addressed and monitoring them to see if they are successful, options for measurement of participation in the programs, how reservations are handled, and fee waiver programs.
Vice Mayor Chu opened the Public Hearing at 9:48 p.m. and, there being no public comments, closed the Public Hearing.
Councilmember Fowler moved, and Councilmember Lee seconded, to approve Alternative 1, accept the study issue paper entitled Exploration of Youth and Senior Rates for Recreation Programs and Activities as presented in Attachment A for Council’s consideration during its Study Issue process this coming fall; and direct staff to include in study other tools for data gathering analysis on the usage of the City’s programs based on the City’s demographics and also consider the ideas expressed by Director Walker during the discussion.
Councilmember Swegles offered a friendly amendment to add to study items options for working with Sunnyvale Community Services and other similar organizations. The amendment was accepted.
The motion carried unanimously with Mayor Howe absent.
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6. |
RTC 04-311 |
Council Position on League of California Cities' 2004 Annual Resolutions |
Peter Basset, Legislative Analyst, presented the staff report.
Staff responded to questions relating to the change in Bylaws.
Vice Mayor Chu opened the Public Hearing at 9:58 p.m. and, there being no public comments, closed the Public Hearing.
Councilmember Lee moved and Councilmember Fowler seconded, to approve Alternative 1, approve the resolution positions as recommended by staff. The motion carried unanimously with Mayor Howe absent.
Vice Mayor Chu announced he will be the voting delegate to the League Conference this weekend in Long Beach.
NON-AGENDA ITEMS & COMMENTS
COUNCIL
Councilmember Hamilton offered to sponsor a Study Issue to look at providing wireless services, particularly in the downtown area, City Hall and the Library. Councilmember Lee offered to co-sponsor the Study Issue.
Councilmember Miller offered to sponsor a Study Issue to review the language in the Miscellaneous Permits requirements to make it easier to understand.
Councilmember Miller reported on the Spare the Air days.
STAFF
There were no comments.
ADJOURNMENT
Vice Mayor Chu declared the meeting adjourned at 10:10 p.m.
Respectfully submitted,
Susan Ramos, City Clerk