PRESENT:

Mayor Otto Lee

Vice Mayor Anthony Spitaleri

Councilmember John Howe

Councilmember Dean J. Chu

Councilmember Ron Swegles

Councilmember Melinda Hamilton

Councilmember Christopher Moylan

STAFF PRESENT:

Amy Chan, City Manager

Robert Walker, Assistant City Manager

David Kahn, City Attorney

Robert Paternoster, Director of Community Development

Mark Bowers, Solid Waste Program Manager

Marvin Rose, Director of Public Works

Katherine Bradshaw Chappelear, City Clerk

1. A.

MOTION

Approval of Draft Minutes of Special Meeting of November 20, 2006

1. B.

MOTION

Approval of Draft Minutes of Regular Meetingof November 28, 2006

1. C.

MOTION

Approval of Information/Action Items - Council Directions to Staff

1. D.

RTC 06-393

List of Claims and Bills Approved for Payment by the City Manager - List Nos. 327 and 328

Staff Recommendation: Council reviews the attached list of bills.

1. E.

RTC 06-377

Notice of Intent to Apply for California Office of Traffic Safety Click It or Ticket Seat Belt Enforcement Mini-Grant Funding

Staff Recommendation: Council allows the Department of Public Safety to proceed with the OTS Seat Belt Enforcement Mini-Grant application.

1. F.

RTC 06-392

Rejection of Sole Bid Received in Response to Invitation for Bids No. F0504-70 for Carpet Tile Removal and Replacement at Public Safety Headquarters and Cancellation of Council Award for the Purchase of Carpet Tiles

Staff Recommendation: Council:

1. Rejects the sole bid received in response to Invitation for Bids No. F0504-70 for carpet tile removal and replacement at Public Safety Headquarters; 

2. Cancels July 25, 2006, Council authorization to issue a Purchase Order to Shaw Industries, Inc., for the purchase of carpet tiles for Public Safety Headquarters (RTC No. 06-244); and

3. Directs staff to revise bid specifications and rebid this project at a later date.

1. G.

RTC 06-386

Award of Bid No. F0502-56 for Cellular Phone Service

Staff Recommendation: Council:

1. Awards a one-year contract, in substantially the same form as the attached draft Purchase Order, to Cingular Wireless for cellular phone service; and

2. Delegates authority to the City Manager to exercise an option to extend the contract for two additional one-year periods, provided that the price and service remain acceptable to the City.

1. H.

RTC 06-395

Award of Contract for On-Call Mechanical Maintenance and Repair Services at the Water Pollution Control Plant (F0610-44)

Staff Recommendation: Council awards a one-year blanket purchase order, in substantially the same form as the attached draft purchase order and in an amount not to exceed $75,000, to D.W. Nicholson Corporation for on-call mechanical maintenance and repair services at the Water Pollution Control Plant.

1. I.

RTC 06-391

Award of Bid No. F0610-40 for the Application of Slurry Seal on Streets Throughout the City

Staff Recommendation: Council: 

1. Awards a contract, in substantially the same form as the attached draft and in the amount of $184,745, to Graham Contractors, Inc., for the application of slurry seal on streets throughout Sunnyvale; and

2. Approves a project contingency in the amount of $18,475.

1. J.

RTC 06-346

Annual Review – Code of Conduct for Elected Officials

Staff Recommendation: Council reviews and approves the Code of Conduct and directs staff to return Code of Conduct to Council for an annual review in 2007.

1. K.

RTC 06-389

Annual Review – Code of Ethics

Staff Recommendation:  Council reviews the Code of Ethics, reaffirms the code as it is currently written and directs staff to return the Code of Ethics to Council in 2007 for annual review.

1. L.

ORDINANCE

No. 06-2826

Adoption of Ordinance No. 2826-06 Amending the Precise Zoning Plan, Zoning Districts Map, to Rezone certain Property located at 640 Lakehaven Drive from R-O (Low-Density Residential) Zoning District to R-O/PD (Low-Density Residential/Planned Development) Zoning District

2.

RTC 06-396

Board and Commission Appointments (Based on 2006 Fall Recruitment)

Katherine Bradshaw Chappelear, City Clerk, presented the staff report.

Public Hearing Opened 7:30 p.m.

Public Hearing Closed 7:31 p.m.

Council took action to confirm appointments from the candidates listed in the staff report, specifying the terms for each candidate and directed staff to include the remaining vacancies in the 2007 Summer Appointment Process.

Bicycle and Pedestrian Advisory Committee (Category 2 / One appointment expiring 2008)

Patrick Grant

VOTE: 6-1  (Councilmember Swegles abstained)

Thomas Granvold

VOTE 5-2  (Councilmembers Hamilton and Moylan abstained)

Jeremy Hubble

VOTE: 3-4 (Councilmember Moylan, Vice Mayor Spitaleri, Councilmembers Swegles and Chu abstained)

Mark Johnson

VOTE: 3-4 (Councilmember Moylan, Vice Mayor Spitaleri, Councilmembers Chu and Hamilton abstained)

City Clerk Chappelear announced Patrick Grant received the largest amount of votes and has been appointed to fill the opening on the Bicycle and Pedestrian Advisory Committee under Category 2 with a term ending June 30, 2008.

Board of Library Trustees (One appointment expiring 2007)

Mark Johnson

VOTE: 0-7 (Councilmembers Moylan, Howe, Vice Mayor Spitaleri, Mayor Lee, Councilmembers Swegles, Chu, Hamilton abstained)

Dennis Shinseki

VOTE: 5-2: (Councilmember Moylan and Hamilton abstained)

Nirmala Vaidyanathan

VOTE: 2-5 (Councilmember Howe, Vice Mayor Spitaleri, Mayor Lee, Councilmembers Swegles and Chu abstained)

City Clerk Chappelear announced Dennis Shinseki received the largest amount of votes and has been appointed to fill the opening on the Board of Library Trustees with a term ending June 30, 2007.

Heritage Preservation Commission (One appointment expiring 2010)

Mark Johnson

VOTE: 2-5 (Councilmember Moylan, Vice Mayor Spitaleri, Mayor Lee, Councilmembers Swegles and Chu abstained)

Nirmala Vaidyanathan

VOTE: 7-0

City Clerk Chappelear announced Nirmala Vaidyanathan received the largest amount of votes and has been appointed to fill the opening on the Heritage Preservation Commission with a term ending June 30, 2010.

Housing and Human Services Commission

(One appointment expiring 2008 and One appointment expiring 2007)

Mark Johnson

VOTE: 4-3 (Councilmember Moylan, Swegles and Hamilton abstained)

Patricia Plant

VOTE: 7-0

James Roosevelt, Jr.

VOTE: 2-5 (Vice Mayor Spitaleri, Mayor Lee, Councilmember Swegles, Chu and Hamilton abstained)

Florence Tindle

VOTE: 6-1 (Vice Mayor Spitaleri abstained)

City Clerk Chappelear announced Patricia Plant received the largest amount of votes and has been appointed to fill the opening on the Housing and Human Services Commission with a term ending June 30, 2008. 

City Clerk Chappelear announced Florence Tindle receive the second largest amount of votes and has been appointed to fill the second opening on the Housing and Human Service Commission with a term ending June 30, 2007.

Mayor Lee verified a corrected staff report had been received.  The original staff report had an error on the terms for the Housing and Human Services Commission.  The correct terms are one term ends June 30, 2007 and one term ends June 30, 2008.

Personnel Board (Employee-nominated Appointment expiring 2010)

Jennifer Cole

VOTE: 7-0

City Clerk Chappelear announced Council ratified the employee nominated candidate, Jennifer Cole, to an appointment on the Personnel Board.  Ms. Cole will fill an employee nominated opening.

3.

RTC 06-397

Study Issue - Changes to Residential Garbage Collection Rates, Containers, Policies and Procedures

Mark Bowers, Solid Waste Program Manager, presented the staff report.

Councilmember Howe verified collection rates are set by City Council and not the vendor. 

Councilmember Howe verified the City’s policy states that rates are set on cost of service; therefore, there is not a steep gradation between the rates, rather an actual cost of arriving at the home and waste disposal.  He stated Attachment 2 identifies rates charged by a number of local cities, which identified variations in the amount charged for different size containers (32 to 96 gallon) and the percentage of containers used by size.  The chart highlights that the higher cost for a larger container creates a smaller percentage of use and increases the use of the smaller, less expensive containers.

Councilmember Howe verified that staff would limit the amount of extra trash citizens could put out (during the twice a year, extra pick up days).  Manager Bowers stated they would survey neighboring cities regarding their policies for collecting extra pick ups and would implement a policy based on what is done locally.

Councilmember Swegles expressed concerns about trash service at mobile home parks.  Manager Bowers stated mobile home trash service would be addressed within the policy. 

Councilmember Hamilton clarified there are not any changes being proposed to recycling or yard waste (with yard waste being unlimited).

Councilmember Chu asked staff to comment on why they had a preference for Alternative No. 2A (which eliminates Unlimited Service) over Alternative No. 2B (which retains Unlimited Service).  Manager Bower stated over the past fifteen years, more waste actually fits inside the cans and the need for unlimited service has decreased.  Marvin Rose, Director of Public Works, stated that the “pay as you throw” program encourages trash reduction and recycling.  He stated Council may wish to adopt an implementation rate for unlimited service during the transition.

Councilmember Chu confirmed that customer use of the twice a year additional pick ups will be tracked on an annual basis and verified when the customer calls to request this service.  Councilmember Chu verified from a customer standpoint it would be best to make the annual year based on a calendar year.

Councilmember Moylan verified that most customers currently do not request additional trash pick ups more than twice a year.

Public Hearing Opened 8:11 p.m.

Jerry Nabhan, General Manager of Specialty Solid Waste and Recycling, stated his support of the staff recommendation.  He stated this is a good time to implement this program as the current trash carts are in need of replacement.

Councilmember Swegles verified this change would not occur until 2008.  Mr. Nabhan stated they will work with the City and the mobile home parks to address their needs.

Councilmember Hamilton verified that extra trash bags are not put out very often in the City.  She verified that other jurisdictions use a pre-paid tag system (for putting out extra trash) and that this program has been successful. 

Arthur Schwartz suggested that the trash company use trucks with dual steering axles (front and rear) for turning around in neighborhood cul-de-sacs.  Councilmember Hamilton verified that staff will look into the possibility of the speaker’s suggestion.

Public Hearing Closed 8:17 p.m.

MOTION:  Councilmember Howe moved and Councilmember Chu seconded to approve implementation of Alternative Nos. 1, 2a, 3 and 4 by no later than FY 08/09, with implementation to be preceded by completion of the Cost of Service Study.  Council adopts updated Cost of Service refuse collection rates that reflect the reduced costs resulting from the changes, and an outreach process.  Alternative Nos. 1, 2a, 3 and 4 follow as:

Alternative 1 - Provide carts to remaining customers who still use 32-gallon cans as their primary waste container (includes Baseline, Unlimited Can, Commercial Can, and Apartment Can customers)

Alternative 2a - Charge graduated “Pay as You Throw” rates based on the size of the garbage cart, eliminate Unlimited service and establish separate Cost of Service rates for the various garbage cart sizes.

Alternative 3 - Require customer pre-payment for collection of additional cans, bags, or boxes containers

Alternative 4 - Provide customers with on-call pickup (two times per year) for removal of extra waste and bulky goods on days chosen by customers

VOTE: 7-0

COUNCIL:

Councilmember Howe commented that the committees formed by Mayor Swegles last year will now cease to exist due to the change of Mayor. 

Councilmember Howe requested that the Mayor place A City Celebration of Long-Term Residents on the agenda to be considered at a January or February 2007 Council meeting.

STAFF:

None

• Tentative Council Meeting Agenda Calendar

• Draft Minutes of the Heritage Preservation Commission Meeting of October 4, 2006

• Draft Minutes of the Arts Commission Meeting of November 15, 2006

• RTC 06-394 Opportunity to Appeal Decisions of the Planning Commission of November 27, 2006 and the Administrative Hearing of November 29, 2006