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APPROVED MINUTES*
SUNNYVALE CITY COUNCIL
August 16, 2005
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The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Special Meeting – Study Session regarding Housing Programs and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:07 p.m., with Mayor Chu presiding. |
SALUTE TO THE FLAG
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Mayor Chu led the salute to the flag. |
ROLL CALL
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PRESENT: |
Mayor Dean J. Chu
Vice Mayor Ron Swegles
Councilmember Fred Fowler
Councilmember Julia Miller
Councilmember John Howe
Councilmember Melinda Hamilton
Councilmember Otto Lee
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ABSENT: |
NONE
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STAFF PRESENT: |
Amy Chan, City Manager
David Kahn, City Attorney
Mary Bradley, Finance Director
Marvin Rose, Director of Public Works
Robert Paternoster, Director of Community Development
David Lewis, Director of Parks and Recreation
Deborah Barrow, Library Director
Robert Walker, Assistant City Manager
Charles Schwabe, Deputy City Manager
Jack Witthaus, Transportation and Traffic Manager
Therese Balbo, Finance Manager
Peter Bassett, Management Analyst
John Lawrence, Recreation Superintendent
Katherine Bradshaw Chappelear, City Clerk |
PUBLIC ANNOUNCEMENTS
- Phyllis Fowler, a member of the board of Leadership Sunnyvale, announced that applications for new members are being accepted until September 1, and further information can be found on their website at www.leadershipsunnyvale.org.
| CONSENT CALENDAR
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Councilmember Miller requested removal of Item 1.A.
Councilmember Hamilton requested removal of Item 1.F.
Mayor Chu requested removal of 1.H on behalf of a member of the public.
Vice Mayor Swegles moved and Councilmember Howe seconded to approve the Consent Calendar, with the exceptions of 1.A, 1.F and 1.H.
Motion carried unanimously 7-0. |
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1.A. |
MOTION |
Approval of Draft Minutes (Regular meeting of August 9, 2005)
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Councilmember Miller referred to page 7 of the minutes and requested the minutes be amended to read "study session" instead of "study issue" and stated for clarification that it was not her intent to create two ethics committees, but rather allow the Mayor, at his discretion, to create an ad hoc committee with regard to Sunnyvale's election this year.
Mayor Chu opened the public hearing at 7:13 p.m. No public testimony was offered; therefore, the public hearing was closed at 7:14 p.m.
Councilmember Miller moved and Councilmember Howe seconded to approve the minutes of the regular meeting of August 9, 2005, as amended. Motion carried unanimously 7-0.
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1.B. |
MOTION |
Approval of Information/Action Items – Council Direction to Staff
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| Fiscal Items
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1.C. |
MOTION
RTC 05-245 |
List of Claims and Bills Approved for Payment by the City Manager (List No. 259)
Staff Recommendation: Review list of bills.
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1.D. |
MOTION
RTC 05-242 |
Investment and Cash Management Policy Update for Fiscal Year 2005/2006
Staff Recommendation: Council adopt the attached Investment Policy for FY 2005/2006 as presented.
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1.E. |
MOTION
RTC 05-223 |
Authorization to Accept $2,500 Einstein's Big Idea Grant from WGBH Television Station's Educational Foundation commemorating the "World Year of Physics 2005" and Budget Modification No. 2
Staff Recommendation: Council approve Budget Modification No. 2 in the amount of $2,500 and the expenditure of Einstein's Big Idea Grant as presented.
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1.F. |
MOTION
RTC 05-241 |
Authorization for City Manager to Execute Grant Funding Agreements for Two Santa Clara Valley Transportation Authority, Community Design and Transportation Grants and Budget Modification No. 3
Staff Recommendation: Council approve Alternatives Nos. 1, 2 and 3: Authorize the City Manager to execute the grant agreements with the Santa Clara Valley Transportation Authority Community Design and Transportation Grant Program for the Tasman/Fair Oaks Area Pedestrian and Bicycle Circulation Plan: Detailed Project Planning and Design, and the Caltrain North Side Pedestrian Access Improvements project. Approve Budget Modification No. 3 to accept the grants, appropriate the grant funds and reappropriate $25,000 from the Transportation Grant Matching Funds Project as local agency matching funds for the Caltrain North Side Pedestrian Access Improvements project, and appropriate $25,000 from developer contributions for the Tasman/Fair Oaks Area Pedestrian and Bicycle Circulation Plan: Detailed Project Planning and Design project.
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Jack Witthaus, Transportation and Traffic Manager, presented the staff report and responded to questions from Council regarding the options that will be considered as part of the study.
Mayor Chu opened the public hearing at 7:17 p.m.
David Wittum, a member of the public, stated his strong support of the studies, particularly as it pertains to ADA access.
Thomas Mayer, Chair of the Sunnyvale Bicycle and Pedestrian Advisory Committee, stated his support of both studies.
Public testimony completed and Mayor Chu closed the public hearing at 7:19 p.m.
Councilmember Hamilton moved and Councilmember Howe seconded to accept staff recommendation and approve Alternatives Nos. 1, 2 and 3: Authorize the City Manager to execute the grant agreements with the Santa Clara Valley Transportation Authority Community Design and Transportation Grant Program for the Tasman/Fair Oaks Area Pedestrian and Bicycle Circulation Plan: Detailed Project Planning and Design, and the Caltrain North Side Pedestrian Access Improvements project. Approve Budget Modification No. 3 to accept the grants, appropriate the grant funds and reappropriate $25,000 from the Transportation Grant Matching Funds Project as local agency matching funds for the Caltrain North Side Pedestrian Access Improvements project, and appropriate $25,000 from developer contributions for the Tasman/Fair Oaks Area Pedestrian and Bicycle Circulation Plan: Detailed Project Planning and Design project.
Motion carried unanimously 7-0.
| Contracts
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1.G. |
MOTION
RTC 05-243 |
Authorization to Amend an Existing Contract for Routine Maintenance and Emergency Repairs of the Power Generation Facility Engines (F0507-04).
Staff Recommendation: Council amend an existing contract with Peterson Power Systems by: (1) Increase the total authorized expenditures by $25,000 through August 31, 2005; and (2) Extending the existing contract for a one-year period in an additional amount to excel $75,000, making a total contract amount not to exceed $150,000. |
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1.H. |
MOTION
RTC 05-224 |
Third Amendment to Open Space Agreement between City of Sunnyvale and Sunnyvale Elementary School District of June 25, 1991, to allow for Free School District Use of Picnic Areas in Sunnyvale Parks.
Staff Recommendation: Council approve Alternative No. 1: approve the Third Amendment to Open Space Agreement between City of Sunnyvale and Sunnyvale Elementary School District of June 25, 1991, to allow for Free School District Use of Picnic Areas in Sunnyvale Parks, depicted by Attachment A of the report and authorize the City Manager to enter into said agreement.
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Cathy Merrill, Assistant to the Director of Parks and Recreation, informed Council that staff did not have a report to present. There were no questions of staff from Council. Mayor Chu opened the public hearing at 7:20 p.m.
Bob Lawson, Chair of the Sunnyvale Parks and Recreation Commission, reported the Commission had reviewed the report and voted their approval of Alternative No. 1, as recommended by staff.
Public testimony completed and Mayor Chu closed the public hearing at 7:20 p.m.
Councilmember Howe moved and Councilmember Miller seconded to accept staff recommendation and approve Alternative No. 1: approve the Third Amendment to Open Space Agreement between City of Sunnyvale and Sunnyvale Elementary School District of June 25, 1991, to allow for Free School District Use of Picnic Areas in Sunnyvale Parks, depicted by Attachment A of the report and authorize the City Manager to enter into said agreement.
Motion carried unanimously 7-0
| Other Items
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1.I. |
MOTION
RTC 05-235 |
Approval of Final Map (Tract No. 9704) – Firethorn Terrace – Eight Single-Family Homes by Belleterre Homes
Staff Recommendation: Council approve the final map for Tract No. 9704 and direct staff to forward the final map for recordation upon developer's execution of the subdivision agreement; submittal of improvement securities; payment of development fees and other documents deemed necessary by the Director of Public Works. |
CITIZENS TO BE HEARD
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Mayor Chu opened the Citizens to be Heard at 7:22 p.m.
Irene Dulfer, President of the Oasis Mobilehome Association, informed Council that the residents of the park were not given an opportunity to select a third appraiser and that Centex had obtained a court order appointing a third appraiser from Kansas who is not licensed in the State of California. She stated that Centex’ appraiser did not use correct information or a mobile home appraisal form. She indicated her concern that the process will result in “lowballing" the appraisals. Ms. Dulfer and staff responded to questions from Council regarding: the selection process for the third appraiser; the events that led up to the court order; and the City's ordinance requirements. Council requested that the City Attorney look into the matter and report back to them.
Ms. D. Keys, a resident of Oasis Mobilehome Park, informed Council that the owner and developer have let the park run down and there is garbage, broken glass, weeds, cans and other debris that has not been cleaned up and management has become non-existent since the CIR was passed on June 14; and the situation could affect the resale values and the residents' ability to sell their mobilehomes. She reiterated the issues raised by Ms. Dolfer regarding of the selection process of the third appraiser and informed Council that the seniors who reside in the park cannot afford to hire an attorney to represent them. Councilmember Miller offered to put them in touch with SALA (Senior Adults Legal Assistance), an organization that provides seniors with free legal assistance, and also offered to look into having the park cleaned up. Mayor Chu suggested Ms. Keys and with Ms. Dolfer meet with the City Attorney to review the City's conversion ordinance and go over the issues they raised.
Mei-Ling Stefan, a member of the public, thanked Councilmember Miller and Councilmember Howe for understanding the concerns she and her neighbors raised through their appeal brought before Council at the March 29 meeting against a cellular monopole that was being erected in their neighborhood and thanked them for their support. Councilmember Howe received her thanks and stated that even though the other Councilmembers may not have voted in her favor on March 29, they only have the best interests of the City and its citizens at heart.
Tap Merrick, a member of the public, offered what he believes to be an inexpensive and quick solution to the liquidambar ball problem by suggesting that the City include in the water bills once a year a reminder to residents to keep their sidewalks clear of debris and their trees and bushes trimmed back from sidewalk areas; he also made reference to a letter he had written to Council on the subject. Councilmember Howe stated he would sponsor a 2006 study issue to address this matter. Councilmember Miller stated she would follow-up with Mr. Merrick by telephone regarding his letter. Mayor Chu asked the City Manager to look further into Mr. Merrick's suggestion.
Public testimony completed and Mayor Chu closed Citizens to be Heard at 7:45 p.m.
| PUBLIC HEARINGS/GENERAL BUSINESS
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2. |
MOTION
RTC 05-225 |
Consider New Policies to Reduce or Waive Fees for Community Use of City Recreation Buildings for Specific Types of Events – Study Issue PRD 05.
Staff Recommendation: Council approve Alternative No. 1: Direct staff to maintain the current administratively-set fee schedule that includes discounts for residents and Sunnyvale-based non-profit groups and exempts primary revenue producing recreation facilities (such as the Community Center Ballroom, Community Room, and Senior Center Orchard Pavilion Rooms) from discounted use during peak rental times; and address requests for free or very-highly discounted uses through Council's Relationships with Outside Groups Policy.
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Mayor Chu introduced David Lewis as the new Director of Parks and Recreation.
John Lawrence, Recreation Superintendent, presented the staff report and, with the assistance of David Lewis, Director of Parks and Recreation, responded to questions from Council regarding the: current program, timeline and funding.
Mayor Chu opened the public hearing at 7:53 p.m.
Bob Lawson, Chair of Sunnyvale's Parks and Recreation Commission reported that the Commission had voted unanimously in favor of Alternative No. 1, as recommended by staff, and commented on the success of the current rate policy which has been in effect since July 1, 2004.
Public testimony completed and Mayor Chu closed the public hearing at 7:56 p.m.
Councilmember Hamilton moved and Councilmember Howe seconded to accept staff recommendation to approve Alternative No. 1: Direct staff to maintain the current administratively-set fee schedule that includes discounts for residents and Sunnyvale-based non-profit groups and exempts primary revenue producing recreation facilities (such as the Community Center Ballroom, Community Room, and Senior Center Orchard Pavilion Rooms) from discounted use during peak rental times; and address requests for free or very-highly discounted uses through Council's Relationships with Outside Groups Policy.
Motion carried unanimously 7-0.
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MOTION
RTC 05-244 |
Feasibility of a Neighborhood Grant Program in Sunnyvale (Study Issue).
Staff Recommendation: Council approve Alternatives Nos. 1 and 2: (1) Development of the framework for a limited City-sponsored neighborhood association grant program during FY 05/06 (costs absorbed within existing budget) with the option for implementation (estimated annual cost of $3,896) brought forward for Council's consideration in the context of the City Manager's recommended budget for FY 06/07; and (2) Expanded assistance to neighborhoods applying for CFSV grants.
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Peter Bassett, Management Analyst, presented the staff report and responded to questions from Council regarding: staff's research of programs in other cities, defining neighborhood groups, levels of assistance to be provided, budget concerns, and the leadership role Sunnyvale has taken with this program.
Mayor Chu opened the public hearing at 8:06 p.m. and announced that he had received an email from Monica Davis, President of the neighborhood association Charles Street 100 in support of the program.
Don Thomas, a leader with the Cherry Orchard Neighbors Association, stated it was unclear to him as to what standards would be used to define a neighborhood group and stated his opinion that only neighborhood associations should be eligible for grant funds in order to encourage neighborhood groups to get organized and registered with the City as an association.
David Wittum, a member of the public, stated the importance of supporting neighborhood groups that are trying to form associations.
Skip Gottschalk, secretary of the Lakewood Village Neighborhood Association, reported the Association supports the program as recommended by staff and also stated his opinion that support is needed for neighborhood groups who are in the initial stages of forming an association.
Thomas Mayer, secretary of the Lakewood Village Neighborhood Association, outlined the problems their Association has had with funding their annual Christmas parade and stated his opinion that $2,500 is too small a budget for this program.
Public testimony completed and Mayor Chu closed the public hearing at 8:28 p.m.
Staff responded to questions from Council regarding: neighborhood groups; eligibility requirements for funds; efforts to involve mobilehome associations, community outreach, policies to be established, and adding a grandfather clause.
Councilmember Howe moved and Vice Mayor Swegles seconded to accept staff recommendation to approve Alternatives Nos. 1 and 2: (1) Development of the framework for a limited City-sponsored neighborhood association grant program during FY05/06 (costs absorbed within existing budget) with the option for implementation (estimated annual cost of $3,896) brought forward for Council's consideration in the context of the City Manager's recommended budget for FY06/07; and (2) Expanded assistance to neighborhoods applying for CFSV grants with the addition that a group must organize into a City-sponsored neighborhood association within one year to be eligible for additional funding.
Councilmember Fowler offered a friendly amendment to increase the amount to $10,000. The friendly amendment was not accepted.
Councilmember Lee offered a friendly amendment that Council consider increasing the amount to $10,000 in the FY 06/07 budget process if funds are available. The friendly amendment was accepted.
Councilmember Lee offered a friendly amendment to continue the current $100 one-time startup funding until this program takes effect. The friendly amendment was accepted provided there is no additional impact on the current budget.
The motion carried unanimously 7-0.
| NON-AGENDA ITEMS & COMMENTS
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COUNCIL: |
Councilmember Howe inquired about the status of a study issue he requested regarding wellness checks for seniors living alone and was informed by the City Manager that the issue would be ready for ranking at the December Study Issues Workshop.
Councilmember Howe inquired about the status of legislation relating to Megan's law and was advised by the City Manager that the issue would be coming back to Council the first week in October, but that in the meantime staff would continue monitoring the bill which was still in the Legislature.
Vice Mayor Swegles invited everyone to attend the South Bay Military Affairs Committee Sports Day to be held at Moffett Field and those interested could contact him for further information.
Councilmember Miller inquired about the concerns she had raised at a prior meeting regarding diseased trees on San Juan Street. The City Manager responded that staff would follow-up on the matter and a status report would be included in the Friday Report.
Mayor Chu informed Councilmember Miller that the support letters have been signed with regard to the Bay Area Economic Forum.
Mayor Chu commended the Indian Community Center for their family day picnic held last Saturday and the 13th Annual Festival of India held in Fremont with over 50,000 people attending; and acknowledged India Independence Day on August 15.
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STAFF: |
Robert Walker, Assistant City Manager, requested Council complete a brief survey related to the RTC Agenda Noticing and Timeline Study Issue.
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INFORMATION ONLY ITEMS – Received and Filed
ADJOURNMENT TO REDEVELOPMENT AGENCY
There was no further business and Mayor Chu closed the City Council Meeting at 8:59 p.m. and adjourned to the Redevelopment Agency.
Katherine Bradshaw Chappelear
City Clerk |
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