APPROVED MINUTES
SUNNYVALE CITY COUNCIL

September 27, 2005

 

The City Council of the City of Sunnyvale adjourned from a 5:30 Special Meeting – Study Session related to Overview of Outside Group Funding Process 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 Fred Fowler

Councilmember Julia Miller

Councilmember John Howe

Councilmember Melinda Hamilton

Councilmember Otto Lee

 

ABSENT:

 

 

NONE

STAFF PRESENT:

Amy Chan, City Manager

Robert Walker, Assistant City Manager

David Kahn, City Attorney

Don Johnson, Director of Public Safety

Marvin Rose, Director of Public Works

David Lewis, Director of Parks and Recreation

Robert Paternoster, Director of Community Development

Tricia Lord, Recreation Supervisor

John Lawrence, Recreation Superintendent

Elaine Wesely, Finance Manager

Katherine Chappelear, City Clerk

PUBLIC ANNOUNCEMENTS

  • Councilmember Lee announced that the League of Women Voters of Cupertino and Sunnyvale will host a Candidates’ Forum for Sunnyvale City Council candidates on Wednesday, October 12, 2005 at 7:00 p.m. in the Sunnyvale Council Chambers.  He noted that the Forum will be broadcast live on KSUN Channel 15, and will be rebroadcast at subsequent times.
  • Mayor Chu announced that the Annual Department of Public Safety Pancake Breakfast will be held on Saturday, October 1, 2005 between 8:00 a.m. and 11:00 a.m. at Fire Station

No. 2 located at Arques Avenue and Wolfe Road.  All proceeds will benefit the Alisa Ann Ruch Burn Foundation.

  • Robert Harms, representing Friends of the Sunnyvale Public Library, announced that the Library will be having a book sale on Saturday, October 8, 2005 from 10:00 a.m. to 4:00 p.m.  He noted that there will be approximately 5,000 books for sale.
CONSENT CALENDAR

Councilmember Miller requested that Item 1.D.  be removed from the Consent Calendar.

 

Vice Mayor Swegles moved and Councilmember Howe seconded to approve the Consent Calendar with the exception of Item 1.D.

 

Motion carried unanimously.

 

1.A.

MOTION

Approval of Minutes of Regular Meeting of September 20, 2005

 

1.B.

MOTION

Approval of Information/Action Items – Council Directions to Staff

Fiscal Items 

1.C.

MOTION

RTC 05-279

List of Claims and Bills Approved for Payment by the City Manager (List No. 265)

 

Council reviewed list of bills.

 

Contracts 

1.D.

MOTION

RTC 05-280

Award of Contract for Three-Gang Lawn Mower for Use in City Parks

 

Councilmember Miller asked if the lawn mower under consideration is operated by electric power, battery power, or diesel fuel and requested information related to its meeting emissions standards.

 

Marvin Rose, Director of Public Works, responded that the City’s Fleet Manager monitors the availability of alternative fuel vehicles and that he is confident that the emissions matter was addressed in the selection of the proposed equipment.  He noted that he does not know if it is diesel or an alternative fuel.

 

Councilmember Miller asked that she be provided with the information as to what kind of fuel is used by this lawn mower.

 

Mayor Chu opened the matter for public comment.

 

There being no one in the audience wishing to speak, Mayor Chu closed the matter to public comment.

 

Moved by Councilmember Miller and seconded by Councilmember Howe that Council award a contract for the purchase of a Three-Gang Lawn Mower for use in City parks.

Motion carried unanimously.

 

Other Items 

1.E.

ORDINANCE

NO. 2792-05

Council adopted Ordinance No. 2792-05 entitled, “An Ordinance of the City Council of the City of Sunnyvale Adopting the Sixth Amendment to the Redevelopment Plan for the Central Core Redevelopment Project Area Pursuant to Health and Safety Code Section 33333.6(e)(2)(D) and Amending Related Ordinances in Connection Therewith”

 

CITIZENS TO BE HEARD 

  • Arthur Schwartz expressed his dissatisfaction with the design of “big box” stores such as the new Best Buy store.  He stated that he believes it is taller than it has to be and that it is facing away from the street causes its sign to be visible from the residential area behind it.  He encouraged Council and City staff to require architectural constraints to avoid what he considers to be “ugly intrusions.”

Councilmember Lee noted that the issue of shielding between commercial and    residential development with the use of landscaping and walls has been brought to the Council’s attention several times recently.  He asked that staff update Council on this issue.

 

Bob Paternoster, Director of Community Development, indicated that he would provide Council with an update on this issue at the next Council meeting.

 

Werner Gans suggested that a Study Session be considered for next year’s calendar related to the creation of an Architectural Advisory Committee to be comprised of two or three experienced architects.  He stated that recent development, including the Best Buy and PetSmart stores are unattractive and that he believes it would be helpful for the Planning Commission and City Council to have input from such a committee to assist them with design requirements.

 

Councilmember Miller asked if this function could fall under the Board of Building Code Appeals.

 

Mr. Gans replied that the makeup of the Board of Building Code Appeals varies, and that what is needed is the experience of professional architects.

 

Councilmember Miller and Councilmember Howe offered to cosponsor a Study Session related to the creation of an Architectural Advisory Committee.

There being no one else wishing to speak, Mayor Chu closed the Citizens to be Heard section of the agenda. 

PUBLIC HEARINGS/GENERAL BUSINESS 

2.

MOTION

RTC 05-283

Options Regarding Long-Term Future of Senior Lunch Program

 

 

 

David Lewis, Director of Parks and Recreation, noted that the staff report will be presented by John Lawrence, Recreation Superintendent, and Tricia Lord, Recreation Supervisor.

 

Vice Mayor Swegles asked about Culinary Magic Catering’s willingness to share the kitchen with other users.

 

Supervisor Lord replied that this subject was addressed in the Request for Proposals and that Culinary Magic Catering indicated that they would not have a problem sharing the kitchen with other users; however, they would have exclusive use of the kitchen Mondays through Fridays from 6:30 a.m. to 2:30 p.m. while senior lunches were being prepared and served.

 

Vice Mayor Swegles, noting that Culinary Magic Catering would be using the facility for their other catering customers, with some potential revenue for the City, asked about potential conflicts with these events and City-Sponsored events, such as cooking classes.

 

Superintendent Lawrence replied that potentially, conflicts could present themselves, but that the kitchen can accommodate more than one event at a time, but that prioritization of these events would be clearly defined in their contract with the City.

 

Vice Mayor Swegles asked about the current participation in cooking classes.

 

Supervisor Lord replied that there is now one class for Chinese cooking which has 12 students.

 

Vice Mayor Swegles asked for clarification of the $60 Daily Labor Fee.

 

Superintendent Lawrence replied that it is a fee that is charged for each day senior meals are offered in addition to the per-meal charge.

 

Vice Mayor Swegles asked if the $10,000 utility cost is based on current or proposed rates.

 

Superintendent Lawrence replied that the $10,000 figure is an estimate based on current PG&E rates.

 

Vice Mayor Swegles asked for clarification that the City has to pay sales tax on the meals provided.

 

Superintendent Lawrence confirmed that the City now pays and is required to pay sales tax on the meals; he noted that there is no sales tax on the Daily Labor Fee.

 

Councilmember Hamilton asked where in the budget any surplus derived by the City from the provider’s catering business would be allocated.

 

Superintendent Lawrence replied that any such fund would probably be absorbed in other costs, such as overhead and staff time.

 

Councilmember Hamilton, noting that the cost of the meals by the proposed vendor is $2.50 each; she asked how the difference between $2.50 and the cost to the customers would be allocated.

 

Superintendent Lawrence replied that this would be applied to utility, printing, advertising, and staff costs.

 

Mayor Chu asked if the $10,000 utility cost estimate is the cost for the proposed vendor’s third-party catering business or does that include costs related to the senior lunch program.

 

Superintendent Lawrence replied that the $10,000 estimate is for additional utility costs that would be incurred for the catering activity in addition to the utility costs for the senior lunch program.

 

Mayor Chu opened the public hearing at 7:35 p.m.

 

Donevi Rupprecht expressed her support to have Culinary Magic Catering provide the senior lunch program, noting that the food offered by them as a test on September 16, 2005 was outstanding.

 

Discussion was held related to the quality and price of the current vendor as compared to that of the proposed vendor.  It was determined that the proposed vendor would provide a higher quality product at a reasonable price.

 

Mayor Chu asked if there were any vendors in the audience who would like to comment.  He suggested that they be heard at the end of the public hearing.

 

Robert Harms, Senior Center Volunteer, stated that he supports Culinary Magic Catering being the provider of the senior lunch program.

 

Dick Oliver, representing the Parks and Recreation Commission, stated that the Commission met in a special meeting on September 20, 2005 to consider the proposals submitted for provision of the senior lunch program.  He noted that there were 25 members of the public in attendance at the meeting and that the input received on the sampling of food offered by Culinary Magic Catering, was very positive.  He reported that the Commission unanimously recommends to the City Council that the City contract with Culinary Magic Catering to be the provider of the senior lunch program.

 

Marty Rawson stated that he supports Culinary Magic Catering being the provider of the senior lunch program and that he thinks $4 per meal is a good price.

 

Mayor Chu noted that $4 per meal is not what is being proposed.

 

Paul Werner noted the importance of senior lunch programs in that they encourage seniors to socialize while providing a nutritious meal.  He stated that, in order to maximize participation, the program would have to consistently have high quality food and not cost more than $3 per meal.  He noted that he now attends a federally sponsored senior lunch program at which the cost is $3 per meal and that some seniors who used to attend the Sunnyvale program are now attending the federally sponsored programs.  He suggested that the price for the new program start at $3 for six months and at that time the price be increased to $3.50.

 

Ron Carpenter stated that he participated in the sample tasting provided by Culinary Magic Catering and supports their being selected as the provider for the senior lunch program.

 

Tim Risch stated that he believes senior lunch programs are important for both social and nutritional reasons and that he supports the senior lunch program being provided by Culinary Magic Catering.

 

Ann Cuny asked how the Sunnyvale Community Services $3 fee waivers will be accommodated.

 

Bob Heustes stated that he would like to be able to get a meal at the senior center on those occasions when he arrives late.

 

Vice Mayor Swegles asked if staff has done any calculations related to what effect a lower price would have on the proposed $23,789 fiscal imbalance.

 

Superintendent Lawrence stated that those calculations have not been done, but staff can provide those numbers.

 

City Manager Amy Chan noted that there is a gap of $650,000 in the Community Recreation Fund, so any increase in the program’s fiscal imbalance would increase the imbalance in the Fund as a whole.

 

It was stated that each $.50 reduction in meal cost would result in $10,500 being added to the fiscal imbalance.

 

Moved by Vice Mayor Swegles and seconded by Councilmember Miller that Council approve an agreement with Culinary Magic Catering to provide a service level of up to 21,000 meals, based on a maximum of 84 meals per day and a minimum of 25 meals per day, prepared onsite, with 85% customer satisfaction, at a cost to the city of $2.50 per meal, plus tax, a Daily Labor Fee of $60, and an Initial Participant Fee of $4.50 per meal; and to increase the fiscal imbalance of the Community Recreation Fund by an additional $23,789.

 

Director Lewis stated that Council was also being asked to extend the current agreement with Bateman Senior Meals for 30 days.

 

Mayor Chu confirmed with the maker and the second of the motion that they agreed to amend the motion to include approval of a 30-day extension of the City’s contract with Bateman Senior Meals.

 

Councilmember Miller made a friendly amendment to direct staff to negotiate with Culinary Magic Catering regarding their providing meals for the City Council Study Sessions.

 

Discussion was held and it was determined that this direction to staff could be given without it being included in the motion on the floor.

 

Councilmember Miller withdrew her friendly amendment.

 

Vice Mayor Swegles complimented staff on its success in finding a vendor to meet the City’s needs regarding the senior lunch program.

 

Councilmember Miller thanked staff and the seniors for the effort and patience it has taken to bring this matter to closure.

Councilmember Lee moved to amend the motion to include a requirement of a “minimum of an 85% satisfaction rating” rather than “an 85% satisfaction rating.”  Amendment was accepted by the maker and second of the motion.

 

Councilmember Lee thanked staff for its efforts in securing the proposed vendor for the senior lunch program.

 

Councilmember Hamilton expressed her satisfaction with the proposed action.

 

Mayor Chu made a friendly amendment to increase the City’s subsidy of this program by $500, allowing the first 1,000 meals to be provided for $4 as a kickoff for the new program.

 

The friendly amendment was acceptable to the maker and second of the motion.

 

Councilmember Howe suggested that the subsidy continue to the end of this year, giving it a specific cutoff date.

 

The motion was amended to include a subsidy of $.50 per meal served by the new caterer through December 2005, with the price to the customer being $4.00 per meal.  On January 1, 2006, the price to the customer would be $4.50.

 

Motion carried unanimously.

 

At 8:35 p.m., Mayor Chu announced that there would be a short recess.

 

The Council reconvened at 8:45 p.m.

 

 

3.

MOTION

RTC 05-278

2005-0552 Continuance of Application for a Mills Act Contract for a City of Sunnyvale Local Landmark property (Collins-Scott Winery) on a 9,460 Square-Foot Site.  The property is located at 775 Cascade Drive (near Lewiston Drive) in an R-1 (Low-Density Residential) Zoning District (APN 323-05-002)

 

 

Bob Paternoster, Director of Community Development, stated that it is recommended that this item be continued to October 18, 2005 because the Heritage Preservation Commission has not been able to take action on the matter due to the lack of a quorum.

 

Mayor Chu noted that, at the Council meeting of September 20, 2005 the Council appointed two interim members to the Heritage Preservation Commission until the end of the year, so they will be able to form a quorum for the rest of this year.

 

Moved by Councilmember Howe and seconded by Councilmember Hamilton that the application for a Mills Act Contract for a City of Sunnyvale Local Landmark property (Collins-Scott Winery) on a 9,460-square-foot site be continued to the regularly scheduled Council meeting of October 18, 2005.

 

Motion carried unanimously.

 

4.

MOTION

RTC 05-281

Hurricane Katrina Relief and Recovery

 

 

Don Johnson, Director of Public Safety, presented the staff report.

 

Vice Mayor Swegles asked if Hurricane Rita could be included in the proposed action.

 

Johnson stated that it could.

 

Mayor Chu opened the public hearing at 8:35 p.m.

 

There being no one in the audience wishing to speak, Mayor Chu closed the public hearing at 8:36 p.m.

 

Moved by Councilmember Miller that Council encourage City employees and community members to support relief and recovery efforts in the Gulf Region by:

(1) providing information on giving opportunities to agencies specified by FEMA; (2) delegating authority to the City Manager to approve up to two months’ unpaid leave time for employees who wish to volunteer, with the continuance of health benefits, but excluding retirement contributions, during that time; (3) continuing to support Red Cross efforts by providing instructors and facilities as needed to train volunteers; and (4) continuing to provide public information on individual preparedness for the Sunnyvale community and ongoing recovery efforts in the Gulf Region.

 

Councilmember Hamilton asked if the authority proposed to be given the City Manager related to unpaid leave is the same as that authorized for those who served in Iraq, particularly the exclusion of the pension contributions.

 

Director Johnson replied that he thought the pension contributions continued for those employees serving in Iraq, but he would research the matter and provide that information to the Council.

 

City Manager Chan stated that, in the case of City employees serving in Iraq, their pension contributions would continue because their salaries continue.  She stated that, in the case of the matter being discussed this evening, the salaries would not continue so it would not be legal to continue pension contributions during the period of unpaid leave.

 

Councilmember Hamilton seconded the motion.

 

Vice Mayor Swegles offered a friendly amendment to include Hurricane Rita in the proposed action.

 

Mayor Chu noted that the motion references the Gulf Region, rather than a particular hurricane.  He asked Vice Mayor Swegles if he wanted his friendly amendment to read “…in the Gulf Region as a result of Hurricane Katrina and Hurricane Rita…”

 

Vice Mayor Swegles concurred with Mayor Chu’s suggestion.

 

The friendly amendment was accepted by the maker and the second of the motion.

 

Councilmember Fowler offered a friendly amendment that the scope of the proposed action be broadened to read as follows: “…in the Gulf Region as a result of Hurricane Katrina, Hurricane Rita, and any other hurricane affecting the southeastern portion of the United States this year…”

 

The friendly amendment was accepted by the maker and the second of the motion.

 

Councilmember Fowler suggested that a Study Session be planned for next year to develop a policy covering the City of Sunnyvale’s response to natural disasters in general.

 

Councilmember Miller stated that she would like to cosponsor such a Study Session.  She noted that recent newspaper articles indicate that the levy system in the Bay is receiving some attention, and some of the responsibility for those levies is going to fall on the Salt Pond Restoration Project on which she has served the last 18 months.  She suggested that the proposed Study Session include discussion related to the Bay levy system.

 

Councilmember Fowler suggested that the proposed Study Session focus on Bay Area disasters, California disasters, and national disasters.

 

Councilmember Lee noted that the City’s Disaster Preparedness Handbook, including the Office of Emergency Services Checklist, is available on the City’s website.  He encouraged residents to view these documents and to prepare themselves for an emergency.

 

Councilmember Hamilton offered to also cosponsor the proposed Study Session related to preparation for and response to natural disasters.

 

Motion carried unanimously.

 

Councilmember Fowler stated that he received a press release from the Santa Clara Valley Water District, which he forwarded to Councilmembers that the Army Corps of Engineers and the Santa Clara Valley Water District were going to jointly survey the Cargill Salt Pond levies.  He noted that this has been a concern of his since, shortly after being elected to the City Council, he was appointed to serve on the Santa Clara Valley North Central Flood Control Zone Advisory Committee.  He noted that the Cargill Salt Pond levies were made of piled up Bay mud and that a recent survey indicated that they were two feet below predicted high tide that would occur during a “100-Year Flood.”

 

More discussion was held related to the purpose of the proposed Study Session.  Vice Mayor Swegles and Councilmember Hamilton concluded that their perception is that it would focus on City of Sunnyvale employees’ different levels of assistance for various levels of natural disasters.

 

 

NON-AGENDA ITEMS & COMMENTS 

COUNCIL:

Councilmember Miller noted that she likes the agenda format changes mentioned in the City Manager’s Friday Report and would like to propose an additional change.  She suggested that if a Council meeting is going to be adjourned in honor of or in memory of someone, and that information is known to staff when the agenda is prepared, that it be included on the agenda.

 

Councilmember Lee stated that he agreed.

 

Mayor Chu stated that no action could be taken on this matter, but if Council has any other suggestions related to the agenda format that they provide those to the City Manager so they could be presented for consideration by the Council.

 

Councilmember Miller related information regarding air quality achievements in Sunnyvale and the surrounding area, noting that Sunnyvale is doing its part in helping to keeping the air clean.

 

Councilmember Hamilton asked that Public Safety Director Johnson report on the results of last week’s “Best in the West” S.W.A.T. team competition.

 

Director Johnson reported that Sunnyvale’s S.W.A.T. team competed against 22 other teams; placed first in the obstacle competition, first in the Jungle Trail competition, and placed 4th overall.

 

Councilmember Lee wanted to discuss why the flags at City Hall are being flown at half staff in honor of CHP Officer Dave Romero who was killed on September 23, 2005 in the line of duty, and who was a cousin of Sunnyvale Officer Marie Plonka.

 

Director Johnson replied that an administrative policy was recently developed by the Executive Leadership Team regarding under what circumstances flags would be flown at half staff at City buildings.  He noted that Officer Romero, a 23-year veteran of CHP, was a motorcycle officer who was killed after being struck by a drunk driver.  He reiterated that Officer Romero was a cousin of Sunnyvale 4-year veteran Officer Marie Plonka. 

 

STAFF:

No comments.

INFORMATION ONLY ITEMS – Received and Filed

ADJOURNMENT TO CLOSED SESSION 

Before adjourning to Closed Session, Mayor Chu called for a moment of silence in memory of CHP Officer Dave Romero.

 

At 9:02 p.m., Council adjourned to Closed Session related to Conference with Real Property Negotiator to discuss the price and terms of payment for the possible sale of real property, pursuant to Government Code Section 54956.8.  Property:  City-owned property within Town and Country vicinity.  City Negotiator: Robert Paternoster, Director of Community Development.

 

The Council reconvened to open session at 10:56 p.m. 

 

 

ADJOURNMENT

There being no further business, Mayor Chu adjourned the meeting at 10:57 p.m.

 

Katherine Bradshaw Chappelear

City Clerk