PRESENT:

Mayor Otto Lee

Vice Mayor Anthony Spitaleri

Councilmember John Howe

Councilmember Dean J. Chu

Councilmember Ron Swegles

Councilmember Melinda Hamilton

Councilmember Christopher Moylan

ABSENT:

None

STAFF PRESENT:

Amy Chan, City Manager

Robert Walker, Assistant City Manager

David Kahn, City Attorney

Hanson Hom, Director of Community Development

Marvin Rose, Director of Public Works

Mary Bradley, Director of Finance

Tim Kirby, Revenue Systems Supervisor

Dayton Pang, Public Safety Captain

Brice McQueen, Senior Management Analyst

Katherine Bradshaw Chappelear, City Clerk

1.A.

Approval of Draft Minutes of Special Meeting of June 4, 2007

1.B.

Approval of Information/Action Items – Council Directions to Staff

1.C.

RTC 07-204

List of Claims and Bills Approved for Payment by the City Manager – List No. 353

Staff Recommendation: Council reviews the attached list of bills.

2.

RTC 07-185

Proposed Fiscal Year 2007/2008 Rates for Water, Wastewater, and Solid Waste Utilities

Revenue Systems Supervisor Tim Kirby presented the staff report.

Councilmember Swegles confirmed that the rates Council is proposing this evening are pass through rates and do not reflect any revenue for the City.

Public hearing opened 7:37 p.m.

Tap Merrick inquired why an explanation about the rate increases was not included with the six page document that was mailed out. Merrick inquired why the waste-water survey (Attachment G) identified apartments and mobile homes have different rates than residential. Merrick stated the majority protest requirement should have been included in the rate increase document.  Merrick inquired why the 1980 bond was not called over the last several years when interest rates were lower and then bonds reissued at a lower interest rate and savings to the City.

Barry Warmkessel stated he did not know he could protest in writing rather than attending Council meetings. Warmkessel requested Council send a form to residents so they can protest the increase in sewer and water rates and mail their forms in to the City. Director Bradley stated in page 3 of the document there is a section that explains the protest process. Warmkessel stated there needs to be a standard form for a protest of rates included with the document.

Harriet Rowe stated the City has done its due diligence in notifying the public of the increase in rates.

Public hearing closed 7:44 p.m.

Councilmember Hamilton inquired why there is a difference in rates among residential, mobile homes, and apartments. Supervisor Kirby stated rates are based on cost of service and the sewer difference is due to less impact on the sewer system by apartments and mobile homes than a single family residence. 

Councilmember Hamilton confirmed that the City does not have outstanding bonds since 1980. Director Bradley stated the previous speaker was referring to an inter-fund loan in 1980 and that is what the City is accelerating the payment of to make room for infrastructure. Director Bradley stated these are enterprise funds and should not be mingled, they need to be separate.

Councilmember Chu inquired why the rates are enterprise funds rather than funds from the General Fund. Director Bradley explained that City’s fiscal policy states anything that acts like a business shall be an enterprise fund (a governmental accounting term for a business operation). The City has three enterprise funds (water, sewer, and refuse) and these funds must be kept separate as required by City policy and proposition 218.

Councilmember Swegles confirmed that the City sent out an additional 4,000 notices this year regarding the rate increase.

Councilmember Howe reiterated that the City does not receive any revenue from these rates. Councilmember Howe stated that if Council did not raise the rates, the City would not be able to provide water, sewer, or garbage service. Councilmember Howe explained that it is a citizens right to protest but if a majority protested, where would the water, sewer, and trash come from since the City does not have jurisdiction over the rates.

Mayor Lee highlighted that the City has one of the lowest utility bill rates in comparison to the surrounding areas.  

MOTION: Councilmember Swegles moved and Councilmember Howe seconded to approve Alternative 1: Council adopts a resolution increasing water rates by 9.5 percent, wastewater rates by 8.5 percent and solid waste collection rates by 6.5 percent for FY 2007/08.

VOTE: 7-0

3.

ORDINANCE

RTC 07-202

Amendment to Sunnyvale Municipal Code Section 6.16.015, Requiring Animal Owners to Clean Up After Their Pets if They Defecate in a Public Place or on Private Property (Study Issue)

Public Safety Captain Dayton Pang presented the staff report.

Councilmember Hamilton inquired if the current ordinance requires that an owner pick up after their pet.  Captain Pang stated there is nothing specific in the current ordinance.

Councilmember Swegles inquired about the leash law. Captain Pang stated the study issue was specific to this issue but that staff is revising a number of additional ordinances.

Councilmember Moylan inquired why there is an exception for seeing-eye dogs. Captain Pang stated that staff felt it was more appropriate for a person who is not able to see to have an exception. Councilmember Moylan stated he did not understand the rationale behind the exception as he has seen blind people pick up after their dogs.

Public hearing opened 7:57 p.m.

Tap Merrick stated he initiated this process a while ago due to his frustration with this issue and expressed his support of this amendment. Merrick stated the penalty should be increased from $100 to $250 per offense to make dog owners more responsible. 

Public hearing closed 8 p.m.

Councilmember Hamilton inquired if dog owners who are in wheelchairs were taken into account as a possible additional exception. Captain Pang stated he would need to return to Council regarding the specifics that were taken into account for exceptions.

MOTION: Councilmember Moylan moved and Councilmember Hamilton seconded to approve Alternative 1: Council adopts the proposed ordinance amending Chapter 6.16.015.

Councilmember Hamilton offered a friendly amendment to remove the exception for seeing-eye dogs.

Councilmember Moylan accepted the friendly amendment.

City Attorney David Kahn stated he was previously involved with a case while working for the City of San Francisco that involved requiring someone with a seeing-eye dog to clean up after their dog. This issue became a civil rights issue and was a very expensive case for the City of San Francisco.

City Clerk Katherine Bradshaw Chappelear read the title of the ordinance into the record.

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

MOTION: Councilmember Howe moved and Councilmember Swegles seconded to approve Alternative 1: Council adopts the proposed Ordinance amending Chapter 6.16.015.

City Clerk Chappelear read the title of the ordinance into the record.

VOTE: 7-0

4.

ORDINANCE

RTC 07-191

Introduction of an Ordinance Pursuant to New California Health and Safety Code Section 33342.7 Adopting Description of the Agency’s Property Acquisition Program through Eminent Domain for the Central Core Redevelopment Project Area (SB 53)

Senior Management Analyst Brice McQueen presented the staff report.

Public hearing opened 8:09 p.m.

No speakers.

Public hearing closed 8:10 p.m.

MOTION: Vice Mayor Spitaleri moved and Councilmember Moylan seconded to approve Alternative 1: Council adopts the proposed ordinance for the Central Core Redevelopment Project area.

Councilmember Chu stated that due to the new bills (SB 53 and SB 1809), Council is reconfirming that their existing powers are not gaining any new authority.

City Clerk Chappelear read the title of the ordinance into the record.

VOTE: 7-0

COUNCIL:

Mayor Lee announced that the Santa Clara Valley Water District is calling for 10 percent voluntary water conservation by residents and businesses.

Councilmember Chu welcomed Hanson Hom to his first Council meeting as the City’s new Community Development Director.

STAFF:

None