MINUTES
SUNNYVALE CITY COUNCIL
December 14, 2004
7:30 P.M.
The City Council of the City of Sunnyvale adjourned from a 6:00 p.m. Study Session regarding Valley Transportation Authority Long Term Financial Strategy, a 6:30 p.m. Closed Session Conference with Legal Counsel – Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9(c), Once Case, and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:30 pm., with Mayor Chu presiding.
NOTE: Pursuant to Government Code Section 54953, subdivision (b) this meeting included teleconference participation by Council Member Otto Lee from Ritz Carlton, 7 Raffles Avenue, Singapore, 039799. Singapore.
SALUTE TO THE FLAG
Mayor Chu led the salute to the flag.
ROLL CALL
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PRESENT:
Absent:
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Mayor Dean J. Chu
Vice Mayor Ron Swegles
Councilmember Fred Fowler
Councilmember Julia Miller
Councilmember Otto Lee (via teleconference)
Councilmember John Howe (excused absence)
Councilmember Melinda Hamilton (excused absence)
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Staff Present: |
Amy Chan, City Manager
Joan Borger, Interim City Attorney
Chuck Schwabe, Deputy City Manager
Robert Paternoster, Director of Community Development
Mary Bradley, Director of Finance
Shawn Hernandez, Director of Information Technology
Elaine Wesely, Purchasing Manager
Trudi Ryan, Planning Officer
Kelly Diekmann, Project Planner
Mark Bowers, Solid Waste Program Manager
Grace Kim, Finance Manager
Jamie Oei, Senior Accountant
Susan Ramos, City Clerk |
SPECIAL ORDER OF THE DAY
Mayor Chu, who was joined at the podium by Elaine Wesely, Sunnyvale Purchasing Manager, thanked her and Mary Bradley, Director of Finance, for winning the National Purchasing Institute’s Annual Achievement in Excellence in Procurement Award for 2004.
PUBLIC ANNOUNCEMENTS
Councilmember Miller announced a vehicle buy-back program sponsored by the Bay Area Air Quality Management District for 1985 and older vehicles for $650.
Vice Mayor Swegles reported on the following Closed Session:
Conference with Legal Counsel – Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9(c), Once Case. Direction was given and no action was taken.
Councilmember Fowler announced the City hosted a delegation from the City of Pinghu and displayed the gift that it gave the City.
CONSENT CALENDAR
Vice Mayor Swegles moved, and Councilmember Miller seconded, approval of the Consent Calendar. The motion carried unanimously with Councilmembers Howe and Hamilton absent.
CONSENT CALENDAR
Fiscal Items
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1.C. |
RTC 04-431 |
List of Claims and Bills Approved for Payment by the City Manager (No. 225)
Staff Recommendation: Review the attached list of bills.
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1.D. |
RTC 04-430 |
Acceptance of the California Office of Traffic Safety – Sobriety Checkpoint Program Grant for Local Law Enforcement Agencies II and Budget Modification No. 16
Staff Recommendation: Approve Budget Modification No. 16 to accept the Office of Traffic Safety - Sobriety Checkpoint Program Grant for Local Law Enforcement Agencies in the amount of $16,710 and direct staff to appropriate funds in a special project to track both expenditures and reimbursement of costs. |
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1.E. |
RTC 04-413 |
Acceptance of Fiscal Year 2003 Part II and Fiscal Year 2004/2005 Homeland Security Grant Funding and Budget Modification No. 14
Staff Recommendation: Authorize DPS to accept the WMD, EMPG and CERT grant funding from the Santa Clara County
Approval Authority as allocated to the Department of Public Safety and approve Budget Modification No. 14.
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1.F. |
RTC 04-414 |
Approval of Grant Award and Acceptance of $193,370 of Continued Funding From the State of California Supplemental Law Enforcement Services Program for Fiscal Year 2004/2005
Staff Recommendation: Accept the full amount available from SLES program for funding of a Patrol Watch Commander.
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1.G. |
RESOLUTIONS
NO. 144-04, 145-04
RTC 040-427 |
Adoption of Two Resolutions for the Department of Public Safety Related to the Approval of Abolishment of the Assistant Director of Public Safety Classification, Revision and Retitling of the Captain II Classification to Deputy Chief, Revision and Retitling of Captain I Classification to Captain, and Budget Modification No. 17
Staff Recommendation: Approve all of the recommendations contained in this report related to the classification changes and accompanying Budget Modification No. 17 and salary resolution.
RESOLUTION NO. 144-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING RESOLUTION NO. 131-04, THE CITY'S SALARY RESOLUTION, BY AMENDING THE PAY SCHEDULE FOR PAY PLAN CATEGORY D/E (MANAGEMENT EMPLOYEES) AND CATEGORY F (DEPARTMENT DIRECTOR)
RESOLUTION NO. 145-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE CLASSIFICATION PLAN OF THE CIVIL SERVICE BY ABOLISHING THE JOB CLASSIFICATION TITLE OF ASSISTANT DIRECTOR OF PUBLIC SAFETY, ABOLISHING THE PUBLIC SAFETY CAPTAIN I AND CAPTAIN II CLASSIFICATIONS, AND ADDING THE NEW JOB CLASSIFICATIONS OF DEPUTY CHIEF OF PUBLIC SAFETY AND PUBLIC SAFETY CAPTAIN; AND BY ADDING THE CLASSIFICATION SPECIFICATIONS THEREFOR
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Contracts
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1.H. |
RTC 04-429 |
Award of Bid No. F0409-12 for the Purchase of Water Meters
Staff Recommendation: Waive the requirement that the successful bidder have a distribution facility within a 50-mile radius of the City's Corporation Yard; and award a one-year blanket purchase order, in substantially the same form as the attached draft and with an option to extend the purchase order for two additional one-year periods, to AMCO Water Metering Systems, Inc., for the purchase of water meters.
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1.I. |
RTC 04-433 |
Award of Contract to Assess the Condition of Assets, Including Structures and Equipment, at the Water Pollution Control Plant (No. F0306-77)
Staff Recommendation: Award a contract, in substantially the same form as the attached draft and in an amount not to exceed $423,200, to Carollo Engineers to perform an asset condition assessment at the Water Pollution Control Plant.
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Other Items
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1.J. |
RTC 04-426
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Approval of First Amendment to Memorandum of Agreement (MOA) Providing for the Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP)
Staff Recommendation: Authorize the City Manager to sign the Amendment to the Memorandum of Agreement, allowing the City’s continued participation in the Santa Clara Valley Urban Runoff Pollution Prevention Program. This action is supportive of the area-wide urban runoff pollution prevention program and will comply with state and federal law.
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1.K. |
RESOLUTION NO. 146-04
RTC 04-412 |
Adoption of a Resolution Requesting Destruction of Public Safety Records – Applicant Background for Non-hires, Officer-involved Vehicle Collisions, Canine Unit Training and Deployment Records and Carrying Concealed Weapons Permit Documentation
Staff Recommendation: Approve destruction of specified public records.
RESOLUTION NO. 146-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE APPROVING DESTRUCTION OF CERTAIN RECORDS (DEPARTMENT OF PUBLIC SAFETY)
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CITIZENS TO BE HEARD
There were no comments.
PUBLIC HEARINGS
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2. |
RTC 04-438 |
Advanced Micro Devices General Plan Amendment Initiation From Industrial to Medium Density Residential Located at 1090 E. Duane
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Kelly Diekmann, Project Planner, assisted by Trudi Ryan, Planning Officer, presented the staff report.
Staff responded to questions posed by the Council regarding their recommendation and the costs of an expanded study.
Mayor Chu opened the Public Hearing at 7:50 p.m.
Tom McCoy, of American Micro Devices, Applicant, stated they do not need to build another R&D facility on this site and there is no need for another commercial building. He advocated that the site be re-zoned for residential use to help address the housing shortage and noted they received support from Columbia School.
Ken Riding, Co-Applicant, addressed compatibility with the existing neighborhood, fiscal studies, and requested that the Council approve a General Plan Amendment Study.
Arthur Schwartz, a member of the public, spoke in support of the General Plan Amendment study.
Mayor Chu closed the Public Hearing at 8:20 p.m.
Councilmember Miller moved, and Councilmember Lee seconded, to approve alternative 1, authorize initiation of General Plan Amendment study for the subject 14 acres from industrial to medium and high density residential. The motion failed with Mayor Chu, Vice Mayor Swegles and Councilmember Fowler dissenting and Councilmembers Howe and Hamilton absent.
Councilmember Fowler moved, and Vice Mayor Swegles seconded, to approve alternative 2, initiate a General Plan Amendment for a larger study area for creating a new ITR area for east Sunnyvale.
Councilmember Miller offered a friendly amendment to discount the shaded AMD parcel on the east side of the map from study. The amendment was not accepted.
The motion carried unanimously with Councilmembers Howe and Hamilton absent.
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3. |
RTC 04-439 |
Fiscal Year 2003/2004 Budgetary Year-end Financial Report, Comprehensive Annual Financial Report and Budget Modification No. 15
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Mary Bradley, Director of Finance, assisted by Grace Kim, Finance Manager, and Jamie Oei, Senior Accountant, presented the staff report.
Staff responded to questions posed by the Council regarding the General Fund, improved economic activity, total service fees, inter-fund revenues and an upturn in building permits and licenses.
Mayor Chu opened the Public Hearing at 9:05 p.m. and, there being no public comments, closed the Public Hearing.
Councilmember Fowler moved, and Councilmember Miller seconded, to approve alternatives 1 through 4, receive and file the budgetary Year-end Financial Report, the audited Comprehensive Annual Financial Report, and the Management Letter issued by the independent auditors, and approve Budget Modification No. 15. The motion carried unanimously with Councilmembers Howe and Hamilton absent.
Mark Bowers, Solid Waste Program Manager, presented the staff report.
Mayor Chu opened the Public Hearing at 9:12 p.m.
Jerry Nabham, of Specialty Solid Waste, stated they support staff’s recommendation of alternative 1 and will be adding $907,000 to the Enterprise Fund as soon as they sign the proposal.
Mayor Chu closed the Public Hearing at 9:16 p.m.
Councilmember Miller moved, and Vice Mayor Swegles seconded, to approve Alternative 1, introduce an ordinance that approves the Extended and Restated Agreement between the City and Bay Counties Waste Services, Inc. for collection of solid waste and authorize the Mayor to execute the agreement. The motion carried unanimously with Councilmembers Howe and Hamilton absent.
At the request of the Mayor, the City Clerk read the title of the ordinance.
ORDINANCE NO. 2771-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE EXTENDING THE TERM OF THE FRANCHISE WITH BAY COUNTIES WASTE SERVICES, INC. FOR THE COLLECTION OF SOLID WASTE, AS ADOPTED AND RESTATED BY ORDINANCE 2572-97
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5. |
ORDINANCE
NO. 2770-04 |
ORDINANCE NO. 2770-04 Adoption of an Ordinance Awarding a Non-exclusive Franchise to MetroFi, Inc., to Install Communications Equipment on City-owned Light Poles for the Purpose of Providing Wireless Internet Service
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Shawn Hernandez, Director of Information Technology, responded to questions from the Council regarding the permit process, design issues, and Planning Commission involvement in the design.
Vice Mayor Chu opened the Public Hearing at 9:25 p.m.
Harriet Rowe, a member of the public, expressed concerns over the design of the project.
Vice Mayor Chu closed the Public Hearing at 9:26 p.m.
At the request of the Mayor, the City Clerk read the title of the Ordinance:
ORDINANCE NO. 2770-04 ADOPTION OF AN ORDINANCE AWARDING A NON-EXCLUSIVE FRANCHISE TO METROFI, INC., TO INSTALL COMMUNICATIONS EQUIPMENT ON CITY-OWNED LIGHT POLES FOR THE PURPOSE OF PROVIDING WIRELESS INTERNET SERVICE.
Councilmember Miller moved, and Councilmember Fowler seconded, to adopt the ordinance awarding a non exclusive franchise to Metrofi, Inc. to install communications equipment on city owned light poles for the purpose of providing wireless internet service. The motion carried unanimously with Councilmembers Howe and Hamilton absent.
NON-AGENDA ITEMS & COMMENTS
COUNCIL
Mayor Chu offered to sponsor a study issue to consider changes to residential garbage collection rates, containers, policies and procedures necessary to improve collection efficiencies and potentially reduce the costs, and the cost of services for residents.
STAFF
There were no comments.
INFORMATION ONLY ITEMS – Received and Filed
2004 Tentative Council Agenda Calendar
RTC 04-432, Mathilda Avenue Overcrossing Project Status Update Environmental Review
Council Joint Study Session Summary of December 7, 2004 – City Council and the Sunnyvale Board of Education - Subject: School District Facility Planning Study
ADJOURNMENT TO REDEVELOPMENT AGENCY
Mayor Chu declared the regular Council meeting adjourned to the Redevelopment Agency at 9:30 p.m. He noted the City Council meeting is being adjourned to Thursday, December 16, at 8:30 a.m., to the Study issues Workshop.
Susan Ramos, City Clerk