DRAFT MINUTES*
SUNNYVALE CITY COUNCIL
April 19, 2005
The City Council meeting was called to order and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:00 p.m., with Mayor Chu presiding.
SALUTE TO THE FLAG
Mayor Chu led the salute to the flag.
ROLL CALL
|
PRESENT:
|
Mayor Dean J. Chu
Vice Mayor Ron Swegles
Councilmember Julia Miller
Councilmember John Howe
Councilmember Melinda Hamilton
Councilmember Otto Lee
Councilmember Fred Fowler
|
|
|
STAFF PRESENT:
|
Amy Chan, City Manager
Robert Walker, Assistant City Manager
Joan Borger, Interim City Attorney
Robert Paternoster, Director of Community Development
Marvin Rose, Director of Public Works
Mary Bradley, Director of Finance
Andy Miner, Associate Planner
Tim Kirby, Revenue Systems Supervisor
Susan Ramos, City Clerk |
SPECIAL ORDERS OF THE DAY
Traffic Safe Communities Network Poster Contest Awards Presentation
Mayor Chu introduced Lt. Craig Farley, who presented an award, a gift to Andy Tran for his Grand Prize winning poster promoting the use of seat belts. Lt. Farley also presented a certificate or recognition from County Supervisor Liz Nis who was represented by Elizabeth Cuesta.
Proclamation Celebrating Earth Day
Mayor Chu asked Marvin Rose, Director of Public Works, to join him at the podium for this presentation. He read the proclamation into the record and announced the Earth Day celebration at Plaza del Sol at 10:00 a.m. on Friday, April 22, 2005.
Recognition of Sunnyvale Green Businesses
Mayor Chu asked County Representatives Lisa Rose, Green Business Coordinator, and Gretchen Hefner, Green Business Specialist, to join him at the podium. He recognized the City’s Senior Center and Fleet Services for their efforts and participation in the Green Business Program. He introduced Lisa Rose, County Representative, who gave a program overview and presented the certificates of recognition to Fleet Services and Senior Center. Ms. Rose recognized Jeff Wilkinson, Owner of All Laser Services, for his efforts to support the program. Mayor Chu presented a certificate of recognition to Mr. Wilkinson.
ANNOUNCEMENTS
Vice-Mayor Swegles reported that direction was given but no action was taken at the Closed Session on April 18, 2005, regarding Public Employment, City Attorney, pursuant to Government Code Section 54957. Vice-Mayor Swegles also announced a Closed Session will be held this evening following the Regular meeting, as listed on the agenda.
Councilmember Hamilton announced the City’s Early Education Award recipients as follows: Manijeh Khazeni, Right Start Day Care for Family Child Care Provider;
Mei Wang, Appleseed Montessori, Warner Campus for Child Care Center or Preschool Director; Cupertino Co-Op Nursery School for Preschool/Child Care Center (Preschool age); and Mrs. Renee Sanghera, Appleseed Montessori – Dunford Campus for Child Care or Preschool Teacher.
Councilmember Hamilton announced the Boards and Commissions Spring Recruitment for the following: 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 & Recreation Commission, Personnel Board and Planning Commission. The filing deadline is May 20, 2005 at 5:00 p.m. and applications are available on the website or by contacting the City Clerks’ office at 730-7474.
Vice-Mayor Swegles announced the successful volunteer’s recognition event held this evening. He also announced there will be a Town Hall meeting with Congresswoman Anna Eshoo on Saturday, April 23, 9:30 a.m. in the City Council Chambers, City Hall, located at 465 W. Olive Avenue, Sunnyvale.
CONSENT CALENDAR
Vice Mayor Swegles moved and Councilmember Howe seconded approval of the Consent Calendar in its entirety, as presented. The motion carried unanimously.
Fiscal Items
|
1.C. |
MOTION
RTC 05-111 |
List of Claims and Bills Approved for Payment by the City Manager (List Nos. 242 and 243)
Staff Recommendation: Review List of Bills
|
|
1.D. |
MOTION
RTC 05-112 |
Payment for Santa Clara County Crime Laboratory Services
Staff Recommendation: Approve Payment of $114,174 for Crime Lab Services for Calendar Year 2004.
|
|
1.E. |
MOTION
RTC 05-105 |
Funding Request for the Underground Storage Tank Containment Testing Project in the Amount of $49,470.00, Upgrading of Fuel Stations Project in the Amount of $40,000.00, and Budget Modification No. 30.
Staff Recommendation: Approve Budget Modification No. 30 and Increase the Budget for the Underground Storage Tank Containment Testing Project by $49,470.00 and the Underground Storage Tank Upgrades Project by $40,000.00. |
Contracts
|
1.F. |
MOTION
RTC 05-109 |
Award of Contract to Provide Youth Sports and Classes for the City’s Recreation Program (F0404-56)
Staff Recommendation: Council Award a One-Year Contract to Skyhawks Sports Academy in an Amount Not to Exceed $100,000 Per Year in Substantially the Same Format as the Attached Draft, and with an Option to Extend the Contract for an Additional One-Year Period to Provide Youth Sports Classes and Camps for the City’s Recreation Program
|
|
1.G. |
MOTION
RTC 05-110 |
Award of Contract to Provide Recreational Gymnastics Instruction to the Public through the City’s Recreation Program (F0403-50)
Staff Recommendation: Council Award a One-Year Contract to California Sports Center in an Amount Not to Exceed $180,000 Per Year in Substantially the Same Format as the Attached Draft and with an Option to Extend the Contract for an Additional One-Year Period to Provide Recreational Gymnastics Instruction through the City’s Recreation Program
|
|
1.H. |
MOTION
RTC 05-106 |
Authorization to Amend an Existing Contract for Concrete Repair and Replacement Services (F0403-48)
Staff Recommendation: Amend an Existing One-Year Contract with George Bianchi Construction, Inc., for Concrete Repair and Replacement Services by Approving up to $25,000 in Additional Authorized Expenditures, Making a Total Contract Amount not to Exceed $75,000 |
CITIZENS TO BE HEARD
Arthur Schwartz, member of the public, expressed concern about the Council’s action to continue the senior center meals program under its current contractor when budget constraints exist.
PUBLIC HEARINGS/GENERAL BUSINESS
|
2. RESOLUTION
RTC 05-113 Proposed Fiscal Year 2005/2006 Utility Rates |
Tim Kirby, Revenue Systems Supervisor, assisted by Mary Bradley, Director of Finance and Marvin Rose, Director of Public Works presented the report. Staff responded to questions regarding infrastructure repairs, and the assumptions for the projected rates.
Mayor Chu opened the public hearing at 7:37 p.m.
Werner Gans, member of the public, expressed concern over the water and sewer proposed rate increase. He suggested that staff find ways to reduce costs to mitigate future rate increases.
Arly Marley, Chair of Chamber Board of Directors, expressed thanks to the Council and staff for the information provided at the April 2 meeting and the presentation to the Chamber of Commerce Board today. He noted the Board supports the proposed rate increases.
Harriet Rowe, member of the public, concurred with the comments about the April 2 meeting, noting it was informative. She expressed support for the proposed rate increases.
Tim Risch, Bay Area Water Supply and Conservation Agency (BAWSCA) representative expressed his support for proposed the rate increases. Mr. Risch gave an overview of the Agency’s operational costs and responded to Council questions.
Mr. Arthur Schwartz, member of the public expressed support for the proposed rate increase. He suggested the City look into an irrigation system using recycled water.
The public hearing closed at 8:00 p.m.
Mayor Chu noted for the public a correction to Attachment A of the staff report under Utility Rate Comparisons for Waste Water Rates which should read $17.87 instead of $13.40.
Councilmember Miller moved and Councilmember Fowler seconded to approve staff’s recommendation for Alternative 1 to adopt a Resolution establishing the aforementioned water, wastewater and solid waste collection rates.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ESTABLISHING RATES AND CHARGES FOR WATER, WASTEWATER AND SOLID WASTE COLLECTION AND DISPOSAL SERVICES FOR FISCAL YEAR 2005/2006 AND REPEALING ALL RESOLUTIONS OR PORTIONS THEREOF INCONSISTENT HEREWITH.
Motion carried unanimously.
| 3. RTC 05-108 2002-0070 Study Issue to Consider Changes to Utility Undergrounding Programs and Requirements |
Andy Miner, Associate Planner, assisted by Robert Paternoster, Director of Community Development, presented the staff report. Staff responded to questions regarding power lines in front and rear of properties, replacement costs to homeowners, criteria for Rule 20A funds, and the Planning Commission recommendation.
Mayor Chu opened the public hearing at 8:44 p.m.
Natalie Cardenas, Silicon Valley Board of Realtors, noted that her agency supports staff’s recommendation.
Arthur Schwartz, member of the public, advocated for the utility undergrounding program to be dropped except in cases where a developer agrees to fund it.
Mayor Chu closed the public hearing at 8:48 p.m.
Vice-Mayor Swegles moved and Councilmember Miller seconded to approve staff’s recommendation for Alternatives 5, 6a, 6b, 6c, and 6d as follows:
Alternative 5: Pursue improvements using Rule 20 funds, and continue to underground utilities along major arterials and direct staff to return with a program showing costs, time frames and available funding. Also, pursue other qualifying areas using Rule 20 funds until all arterials and eligible areas are complete;
Alternative 6: Exempt single family areas with overhead service in the rear and sites with less than 150 feet of front service, and provide for in-lieu fees and deferral agreements. This accepts the fact that most existing overhead utilities will remain, given the built-out residential situation of the City. Undergrounding requirements can still be waived if it is found infeasible or impractical for the improvement proposed. If this option is chosen, staff would return to the City Council with revisions to the Code which would allow the following options:
Alternative 6a, overhead lines in the rear of single family properties are impractical to underground because the lines would need to be moved to the front of the properties, which would require entire blocks to complete the work. Also, the visual impact of rear overhead lines is insignificant to the community;
Alternative 6b, in cases where undergrounding is reasonable (e.g. large residential, commercial or industrial properties), but the timing to complete the undergrounding is not feasible, the collection of an in-lieu fee or the requirement of a deferral agreement allow s the City to ensure the property owner or developer will participate in the improvements when they occur;
Alternative 6c, in lieu fee or deferral agreement for any property improvement along a Rule 20-defined arterial. This allows for participation by the property owner or developer in undergrounding efforts along arterials with the assumption that those areas will be the first to have the utilities placed underground.
Alternative 6d, those sites which have limited frontage along the street and on small lots can be exempt from requiring undergrounding of utilities because the cost per foot would be enormous.
Councilmember Hamilton offered a friendly amendment to include under Alternative 5 ranking the hazard factor as criteria, if there is one, when staff returns with its findings on costs, timing and funding. The friendly amendment was not accepted.
Amy Chan suggested that when staff comes back with its findings and plan, it can include a list of hazard factors in the report at that time.
Motion carried unanimously.
NON-AGENDA ITEMS & COMMENTS
- COUNCIL- None
- STAFF = None
INFORMATION ONLY ITEMS – Received and Filed
Tentative Council Agenda Calendar (.doc format)
Heritage Preservation Committee Unapproved Minutes of March 23, 2005
Board of Library Trustees Unapproved Minutes of April 4, 2005
Child Care Advisory Board (CCAB) Unapproved Minutes of April 12, 2005
Study Session Summary of April 5, 2005 – Intergovernmental Relations Update
ADJOURNMENT TO CLOSED SESSION
Mayor Chu adjourned the regular meeting at 8:57 p.m. to a Closed Session. There were no public comments received and the Closed Session convened in the West Conference Room pertaining to Conference with Legal Counsel – Existing Litigation – Pursuant to Government Code Section 54956.9(a); Thompson Pacific Construction vs. City of Sunnyvale, Santa Clara County Superior Court No. 1-04-CV017403
The closed session reconvened to open session at 10:28 p.m. Mayor Chu reported that direction was given but no action was taken.
ADJOURNMENT - There being no further business, the meeting adjourned at 10:28 p.m.
Susan Ramos, City Clerk