SUNNYVALE CITY COUNCIL
March 29, 2005

 

The City Council of the City of Sunnyvale adjourned from a 5:00 p.m. Closed Session regarding Conference with Labor Negotiators pursuant to Government Code 54957.6, Employee Organizations: Service Employees International Union (SEIU) - Local 715, Public Safety Officers Association (PSOA), and Communications Officers Association (COA) Labor Negotiator: Peter Brown, Liebert Cassidy Whitmore and Jane Fleenor, Interim Director of Human Resources, 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

 

ROLL CALL

 

PRESENT: Mayor Dean J. Chu, Vice Mayor Ron Swegles, Councilmember Fred Fowler, Councilmember Julia Miller, Councilmember John Howe, Councilmember Melinda Hamilton, Councilmember Otto Lee

 

Staff Present: Amy Chan, City Manager, Robert Walker, Assistant City Manager, Joan Borger, City Attorney, Robert Paternoster, Director of Community Development, Trudi Ryan, Planning Officer, Andrew Miner, Associate Planner, Curtis Black, Interim Director of Parks and Recreation, John Lawrence, Recreation Superintendent, Patricia Lord, Recreation Supervisor, Deborah Barrow, Library Director, Steve Sloan, Supervising Librarian, Susan A. Ramos, City Clerk

                                                                            

CLOSED SESSION REPORT

 

Vice Mayor Swegles announced direction was given and no action was taken at the Council Closed Session held this evening at 5:00 p.m. regarding Conference with Labor Negotiators pursuant to Government Code 54957.6, Employee Organizations: Service Employees International Union (SEIU) - Local 715, Public Safety Officers Association (PSOA), and Communications Officers Association (COA) Labor Negotiator: Peter Brown, Liebert Cassidy Whitmore and Jane Fleenor, Interim Director of Human.

 

PUBLIC ANNOUNCEMENTS

 

Councilmember Lee announced the City’s recruitment for members on the Arts Commission, Bicycle and Pedestrian Advisory Committee, Board of Building Code Appeals, Child Care Advisory Board, Heritage Preservation Commission, Housing and Human Services Commission, Board of Library Trustees, Parks and Recreation Commission, Personnel Board and Planning Commission. There will be an information meeting on April 7 at 6:00 p.m. Application deadline is May 20 at 5:00 p.m. For more information, contact the City Clerk at 730-7474.

 

CONSENT CALENDAR

 

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

 

1.A.

MOTION

Approval of Draft Minutes – (Special Meeting of March 18 2005 and Regular Meeting of March 22, 2005.

 

Councilmember Lee pulled this item because he was not present for the two meetings and would have to abstain from the vote.

 

Councilmember Howe moved and Councilmember Miller seconded to approve the special minutes of March 18 as presented and the regular minutes of March 22, 2005 as amended. Motion carried with Councilmember Lee abstaining.

 

1.B.

MOTION

 

Approval of Information/Action Items - Council Directions to Staff

Fiscal Items

 

1.C.

MOTION

RTC 05-086

List of Claims and Bills Approved for Payment by the City Manager (List No. 240)

 

Staff Recommendation: Review list of bills.

 

1.D.

MOTION

RTC 05-094

Edward Byrne Memorial Justice Assistance Grant (JAG) Program – FY 2005 Grant Application

 

Staff Recommendation: Authorize the City Manager to sign the Inter-local Agreement/MOU to participate in the application and administration of the Edward Byrne Memorial Justice Assistance Grant for FY 2005.

 

Contracts

 

1.E.

MOTION

RTC 05-091

Award of Contract to Conduct a Comprehensive Water and Wastewater Utility Cost of Service Rate Study

 

Staff Recommendation: It is recommended that Council award a contract in substantially the same form as the attached draft and in an amount not to exceed $110,000, to FCS Group, Inc., to perform a comprehensive water and wastewater utility cost of service rate study.

 

Other Items

 

1.F.

ORDINANCE

NO. 2778-05

Adoption of Ordinance Awarding Taxicab Franchise to American Cab Company (Introduced on March 22, 2005)

 

1.G.

ORDINANCE

NO. 2779-05

707 East Homestead Road – Adoption of an Ordinance to Rezone a 0.75 Acre Site From R-2 (Low Medium Density Residential) to R-2/PD (Low Medium Density Residential/Planned Development) Zoning District; Special Development Permit to Construct Eight Single-family Homes; and, Tentative Map to Subdivide One Lot into Eight Lots and Two Common Lots (Introduced on March 22, 2005)

 

1.H.

ORDINANCE

NO. 2780-05

Adoption of an Ordinance to Clarify California Environmental Quality Act (CEQA) Requirements and Heritage Preservation Commission’s Role in Relation to the Heritage Preservation Code (Introduced March 22, 2005)

 

 

 

 

CITIZENS TO BE HEARD None

 

PUBLIC HEARINGS/GENERAL BUSINESS

 

 

2. RTC 05-093      Options Regarding Future of Senior Lunch Program and Budget Modification No. 29

 

John Lawrence, Recreation Superintendent presented the staff report assisted by Patricia Lord, Recreation Supervisor and Curtis Black, Interim Director of Parks and Recreation and responded to Council questions.

 

Mayor Chu opened the public hearing at 7:14 p.m.

 

Lu Zentner, member of the public, proposed to cease the lunch program when the contract is finished and allocate funds towards other senior programs such as the health/exercise and computer programs.

 

Michaelena Hughes, member of the public, commented that the small number of seniors using the lunch program does not justify the amount being subsidized for the program.

 

Manuela Rodriguez, member of the public, suggested allocating more funds to the lunch program so that a chef can be hired and the quality of food can be improved.

 

Ron Carpenter, member of the public, advocated continuing the program because of its social benefits, but to resolve the food issue.

 

Paul Werner, member of the public, commented that the lunch program could be revived and participants increased if food was prepared on site and improved.

 

Warren Heath, member of the public, supported staff’s recommendation and suggested opening it up to old comers.

 

Dorothy Cook, member of the public, commented that the food and presentation of the lunch program is bad, but it is a good social venue.

 

Raymond Flores, member of the public, suggested terminating the program immediately to minimize financial loss.

 

Robert Harms, member of the public, commented the exercise program is a good program and to use funds where it would be most beneficial.

 

Mary Hidalgo, member of the public, commented that the food is bad but the social ambiance is good.

 

Michael Fenner, member of the public, suggested eliminating lunch program and use funds for other viable programs like the exercise/health program.

 

Marty Rosin, member of the public, advocated to continue the program and suggested allowing a guest to pay the same rate as its members.

 

Bertha McFarland, member of the public, commented that the food is bad and suggested using only a portion of the funds to subsidize the lunch program and use the rest of the funds to hire a chef to cook onsite.

 

Tim Risch, member of the public, supported staff’s recommendation and advocated the lunch program. He commented all programs in the senior center should be funded and a priority. He suggested doing a study issue next year to look at this. He responded to Council questions.

 

Arthur Schwartz, member of the public, suggested dropping the program to save money and expedite the bidding process to find a replacement contractor.

 

The public hearing was closed at 8:02 p.m.

 

Staff responded to Council questions regarding subsidy, culinary schools, outcome measures, and quality checking.

 

Vice Chair Swegles moved and Councilmember Howe seconded to approve staff’s recommendation for Alternative 1, to request proposals from food service contractors to provide a service level of 21,000 meals prepared on site and approval of budget modification no. 29 for $80,000 for FY 2004-05 and increase the Recreation Division budget for FY 2005-06 with an additional subsidy of $25,000 to fund the senior lunch program during the time it will take to complete the request for proposal process; to direct staff to look into hiring an onsite chef, to explore other culinary schools, to consider returning to the catering business and return to Council with its findings, to waive the 30-day notice to the current contractor, and to find a replacement expeditiously.

 

Councilmember Hamilton offered a friendly amendment to hold off on the 30-day notice to the current contractor until a replacement is found and seek temporary help outside the RFP process. Councilmember Hamilton later withdrew her friendly amendment.

 

Councilmember Lee offered a friendly amendment to implement quality control measures immediately on the current contractor. The friendly amendment was  accepted.

 

Councilmember Fowler offered a friendly amendment to include in the RFP proposal a provision defining a term of one year. The friendly amendment was accepted.

 

Councilmember Hamilton offered a friendly amendment that if the city does not find a replacement in sixty days, to continue the services of the current contractor. The friendly amendment was not accepted.

 

Motion carried unanimously.

 

Mayor Chu asked the pleasure of the Council regarding the disposition of the remaining agenda items due to the lateness of the hour.

 

Councilmember Hamilton moved and Councilmember Howe seconded to continue public hearing item no. 5 to April 5 due to the lateness of the hour by the time this item will be heard. Motion carried unanimously.

 

3. RTC 05-092     Appeal of a Decision by the Planning Commission to Approve a Use Permit at 800 Carlisle Way in a Residential Zoning District to Allow a 50-foot Tall Monopole on a Non-residential Use Property

 

Andrew Miner, Associate Planner assisted by Trudi Ryan, Planning Officer, presented the staff report and responded to questions regarding pole height and location.

 

Mayor Chu opened the public hearing at 9:27 p.m.

 

Bob McLearn, member of the public, spokesperson for the appellant, summarized the concerns of the neighborhood including the inadequate public notice outside the 300 foot radius, the inaccurate information about the Ortega Park site and department policy that prohibits use of the park site. He expressed issues regarding aesthetics. He suggested considering the Ortega Park location where the ground equipment can be placed under bleachers. Given the concerns cited, he urged the Council to revisit the application before taking any action.

 

Sandra Steele, applicant, and introduced other members in the audience. She provided background about the application and described mitigation measures. She explained why the other sites are not being considered. She urged Council to uphold Planning Commission’s approval and deny the appeal. She responded to Council questions.

 

Peter Stefan, member of the public, showed a photo of equipment box and opposed the application noting it is unsightly and intrusive. He suggested Ortega Park as an alternate site.

 

Paul Healy, member of the public, opposed the application because of height and unnatural appearance. He suggested Ortega Park as an alternate site.

 

Mary McLearn, member of the public, opposed the application noting it has an unnatural look. She asked Council to consider another non residential site.

 

Robert Loftis, member of the public, opposed the application for aesthetics and public safety because the appearance would distract motorists. He also suggested Cal Water take measures to improve their site.

 

Thomas Gill, member of the public, showed a photo of the view from his backyard and opposed the application.

 

Tushar Salvi, member of the public opposed the application because it is unsightly, unnatural and would decrease the value of their home. He displayed a photo of an alternate site at Wolfe and Fremont Avenue.

 

Charles Grossman, member of the public opposed the application and proposed an alternate site at 895 E. Fremont.

 

Mei Ling Shek-Stefan, member of the public, opposed the proposal and proposed alternate sites at Wolfe and Fremont and 958 El Camino Real. She also shared a written note from a neighbor who objected the application.

 

George Clark, member of the public, expressed opposition and read a letter from an elderly neighbor (Karen) also opposing the proposal.

 

Judi Nickey, member of the public, distributed updated legislation regarding cell phone towers and urged the City to become more creative about placement of cell towers in parks.

 

Sandra Steele, applicant, provided closing remarks noting that the comment about a decrease in property value is not substantiated, the technology for disguising cell towers has improved and described ways to make it look more authentic and natural. She noted that the applicant considered some sites including parks, schools and Cal Water and explained why they would not work.

 

Sprint representative (name unknown), displayed a map of the surrounding general area for the pole and explained the reasons for choosing the proposed site.

 

Bob McLearne, appellant representative, provided closing remarks reiterating issues including height, blight to current landscape, and aesthetics. He suggested the City consider alternate sites at Ortega Park or the Stocklmeir School.

 

The public hearing was closed at 10:24 p.m.

 

Vice Mayor Swegles moved and Councilmember Fowler seconded to approve staff’s recommendation for Alternative 1 to adopt negative declaration and approve the use permit with attached conditions and revision to tree pole design.

 

Motion carried 4-2-1, Councilmember Howe and Councilmember Miller dissented and Councilmember Hamilton abstained.

 

4.  RTC 05-095     Sc[i]3Sunnyvale Center for Innovation, Invention, and Ideas – Financial Update

 

Deborah Barrow, Director of Libraries, assisted by Steve Sloan, Supervising Librarian, presented the staff report and responded to Council questions regarding the transition to Cogswell.

 

Mayor Chu opened the public hearing at 10:55 p.m.

 

Pam Anderson, Chair of Library Trustees, reported the board’s actions last night as follows: Not take binding action at this time, support recommendations 4 & 6 with an estimated financial impact of $53,000, convene a study session between the Council, Board, Cogswell, and SCi(3) Foundation, and funding of transition plan should not adversely impact other library services. She identified other concerns including whether USPTO would approve the transfer to Cogswell, and the cost to the City to maintain the program during the transition phase.

 

Jim Griffith, member, Board of Library Trustees, suggested eliminating the program due to budget constraints, but if financial issues were overcome, he would support it. He expressed support to transition to Cogswell College as long as it does not impact library services. He noted that Tom Flaherty wanted to speak in favor of the motion of the Board tonight but was unable to attend.

 

Howard Lieberman, Cogswell College, gave an overview and background to support the program.

 

Bill Soby, member of the public, advocated for the program.

 

Andrew Krauss, member of the public, read three of several letters that he received supporting the program.

 

Suzanne Lindstrum, member of the public, advocated for the program and commented about the marketing and media activities for the program.

 

Terry Sandhut, member of the public, expressed support of the program and cited the benefits.

 

Mahyash Vakili, member of the public, expressed support and asked the City find ways to continue the program.

 

 

Dr. Chet Haskell, Cogswell College, commented the college is very excited and supportive of the opportunity and is capable of operating such programs.

 

John Figueroa, member of the public, advocated for the program and the transition to Cogswell. He noted the Santa Clara chapter of engineers also supports the patent library.

 

Mikio Ishimaru, Board member, Friends of SCi(3), provided background and financial information and recent developments. He urged the Council consider Alternatives 4 and 6 to continue the program until transition to Cogswell is completed.

 

David Angst, member of the public, advocated that the program should be preserved. He commented that the legal agreement with USPTO needs to be updated to allow major users and supporters to make contributions to the program.

 

The public hearing was closed at 12:10 a.m.

 

First Motion (Carried)

Councilmember Fowler moved to approve Alternatives 4 and 6 combined and appropriate up to $53,000 from the Service Level Stabilization Reserve to cover the transition period depending on the ability of SCi(3) Foundation to make the arrangement with the Patent Trademark Office to take over the responsibility.

 

Councilmember Hamilton seconded with friendly amendment to direct staff to ask Foundation if they would guarantee repayment arrangement for the $53,000. The friendly amendment was accepted.

 

Councilmember Lee stated for the record that Council approved at a previous Council meeting to appropriate additional money to enable the program to last until June 30.

 

Substitute Motion (Failed)

Vice Chair Swegles moved and Councilmember Howe seconded to approve Alternative 6 only to request that the Sci(3) Foundation develop a service plan with the USPTO at no cost to the City. Motion failed 3-4, Councilmembers Lee, Hamilton, Fowler and Mayor Chu dissented.

 

Original Motion Vote (Carried)

Motion carried 4-3, Vice Mayor Swegles and Councilmembers Milller and Howe dissented.

 

5.   RESOLUTION

      RTC 05-084    Adoption of a Resolution Vacating a 10-foot Wide Public Utility Easement at 255 Caspian Drive

 

Mayor Chu noted that this item was continued earlier by motion. There was no staff presentation.

 

Mayor Chu opened the public hearing at 9:20 p.m. and there being no public testimonies, closed the public hearing at 9:21 p.m.

 

Item continued to April 5, 2005 by vote of the Council before the start of the public hearing items.

 

NON-AGENDA ITEMS & COMMENTS

  • COUNCIL - None
  • STAFF  - City Manager Amy Chan announced the special meeting on Saturday, April 2 at 8:00 a.m. in the Council Chambers regarding the budget review process. 

INFORMATION ONLY ITEMS- Received and filed.

Tentative Council Meeting Agenda Calendar

Arts Commission Unapproved Minutes of February 16, 2005

Heritage Preservation Commission Unapproved Minutes of March 2, 2005

Housing and Human Services Commission Unapproved Minutes of February 17, 2005

Housing and Human Services Commission Unapproved Minutes of February 23, 2005

Parks and Recreation Commission Unapproved Minutes of March 9, 2005

Study Session Summary of March 8, 2005 – Intergovernmental Relations (IGR) Update

 

MOTION TO CONTINUE MEETING (Carried)

Vice Mayor Swegles moved and Councilmember Lee seconded to continue the meeting. Motion carried unanimously.

 

Mayor Chu opened the public hearing at 12:39 and there being no public testimony, closed the public hearing at 12:40.

 

ADJOURNMENT Mayor Chu adjourned the City Council meeting at 12:40 a.m. and convened the Redevelopment Agency meeting.

 

 

 

Susan A. Ramos