That the Council review the list of bills.

That Council approve a membership fee payment of $40,000 to the Silicon Valley Library System to provide library users with renewal of on-line access to InfoTrac databases.

That the Council adopt the resolution.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED IN BAY APARTMENT COMMUNITIES, TRACT NO. 8861, SD-96-5, AS COMPLETE AND SATISFACTORY

That the City Council approve award of the contract for the subject project to the lowest responsible bidder, Sposeto Engineering, Inc., for the total amount of $529,219 and also approve a contingency of $15,000 for this work.

That the City Council award the contract for the subject project to O’Grady Paving, Inc., for the total amount of $644,449.25 and approve a contingency of $40,000 for this work. Staff is also recommending approval of Budget Modification #10 in the amount of $684,449.25.

That Council award a contract in the amount of $53,125 to the San Francisco Estuary Institute (SFEI) of Richmond to manage effluent and specialized testing relating to the Trace Organic Effluent Study and authorize the Purchasing Officer to issue a contract to that effect.

Approve the following four resolutions:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE CLASSIFICATION PLAN OF THE CIVIL SERVICE BY REPLACING THE JOB CLASSIFICATION TITLE OF SUPERINTENDENT OF GOLF WITH THE NEW JOB CLASSIFICATION TITLE OF GOLF OPERATIONS SUPERVISOR, AND BY ADDING THE CLASSIFICATION SPECIFICATIONS THEREFOR

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING RESOLUTION NO. 155-98, THE CITY’S SALARY RESOLUTION, BY ADDING SALARY CONTROL POINT FOR THE NEW CLASSIFICATION OF GOLF OPERATIONS SUPERVISOR

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE CLASSIFICATION PLAN OF THE CIVIL SERVICE BY CREATING THE NEW JOB CLASSIFICATION TITLE OF SENIOR CRIME ANALYST, AND BY REPLACING THE JOB CLASSIFICATION TITLE OF PLAN CHECK/FIRE PROTECTION ENGINEER WITH THE NEW JOB CLASSIFICATION TITLE OF FIRE PROTECTION INSPECTOR/FIRE PROTECTION ENGINEER, AND BY ADDING THE CLASSIFICATION SPECIFICATIONS THEREFOR

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING RESOLUTION NO. 158-98, THE CITY’S SALARY RESOLUTION, BY ADDING PAY SCHEDULES FOR THE NEW CLASSIFICATIONS OF SENIOR CRIME ANALYST AND FIRE PROTECTION INSPECTOR/FIRE PROTECTION ENGINEER

Approve and authorize staff to pay the City’s dues to the Santa Clara County Cities Association.

Approve the $115,000 settlement.

Appointment of Mario Silveira to fill vacancy expiring June 30, 2000.

Council reaffirm the establishment of an Ethics Subcommittee consisting of Mayor Valerio, Vice Mayor Vorreiter and Councilmember Roberts, with the workplan and schedule as outlined in this report to Council.

Frances Rowe requested this item be pulled from the Consent Calendar and submitted two documents relating to alleged lies and defamation of character.

Councilmember Miller requested the item of Councilmembers sitting as members of a subcommittee on Ethics Committee be a December study item.

Fowler moved the recommendation, Roberts seconded, and the motion carried by the following vote:

Ayes: Fowler, Roberts, Walker, Vorreiter, Valerio,

Noes: Kawczynski

The public hearing opened and closed at 8:00 p.m.

Dan Rich, Assistant to the City Manager, presented the staff report.

Vorreiter moved, Miller seconded, to approve the staff recommendation with the clarification that 4 A includes: The California Air and Space Center, the Moffett Development Plans, the 129^th Hangar, the Military Affairs Council, the Bay Trail and Space Camp, and the motion carried unanimously.

Appoint two members to the Advisory Arbitration Board from the names submitted.

David Nieto, Director of Human Resources, gave the staff report.

Ben Gikis, SEA, and David Clisham, attorney for SEA, addressed the Council.

Roberts moved, Fowler seconded, and the motion carried unanimously appointing Marc Hynes as the representative for MERO to the Advisory Arbitration Board.

Miller moved, Vorreiter seconded, to appoint David DeAmicis as the representative for SEA to the Advisory Artibration Board. The motion failed by the following vote:

Ayes: Miller, Vorreiter, Valerio

Noes: Fowler, Walker, Roberts, Kawczynski

Absent: None

Fowler moved, Walker seconded, appointing Anthony Spitaleri as the representative for SEA to the Advisory Arbitration Board. The motion carried by the following vote:

Ayes: Fowler, Walker, Roberts, Vorreiter, Valerio,

Noes: Miller

Absent: None

Deny the appeal and approve the Design Permit with conditions.

David Boesch, Community Development Director, gave the staff report.

The public hearing opened at 8:30 p.m.

Nancy Steward, Project Planner, spoke on behalf of the permit.

Ray Montalvo, LeBoulanger, spoke on behalf of the permit, stating the concern of noise and the door on Mathilda was being addressed.

Robert Guarnieri, 330 N. Mathilda, spoke in opposition to the permit citing the noise factor; being treated unfairly; requesting the hearing be continued to provide for additional noise testing.

The public hearing closed at 9:00 p.m.

Walker moved, Vorreiter seconded, and the motion carried unanimously, approving the design permit with the conditions as outlined in the September 14, 1999 report, with the additional condition of the front door on Mathilda to remain locked and closed and not used during the time the band is playing.