Mayor Frederik M. Fowler
Vice Mayor Julia Miller
Councilmember Manuel Valerio
Councilmember Pat Vorreiter
Councilmember Jack Walker
Councilmember Tim Risch
Councilmember John Howe

List of Claims and Bills Approved for Payment by the City Manager (List Nos. 075)

Staff Recommendation: Approve the list of bills.

City of Sunnyvale Investment Report 4^th Quarter 2001

Staff Recommendation: Receive and file the investment report.

Authorization to Accept an Employment Training Panel Contract for $530,740 to Upgrade the Technology Skills of Incumbent Workers and to Negotiate Necessary Sub-Agreements

Staff Recommendation: Adopt Alternative #1 and accept a $530,740 ETP contract, and authorize the City Manager to execute the agreement and any necessary modifications. Additionally, that the City Manager be authorized to sign all sub-agreements necessary to conduct the project.

Award of Bid #F0111-33 for One Dump Truck

Staff Recommendation: Award a contract in the amount of $86,754 to Kurtt International Trucks, Inc., of San Jose, for one dump truck.

Participation in the Santa Clara County Abandoned Vehicle Abatement Authority

Staff Recommendation: Adopt the resolution agreeing to participate in the Santa Clara County Abandoned Vehicle Abatement Authority until March 31, 2012.

RESOLUTION OF THE COUNCIL OF THE CITY OF SUNNYVALE APPROVING THE ESTABLISHMENT OF AND PARTICIPATION IN THE SANTA CLARA COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR SANTA CLARA COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY

Expansion of the Department of Public Safety Canine Unit and Budget Modification No. 15

NASA Ames Development Plan Draft EIS

Karen Davis, Economic Development Manager, introduced representatives from NASA, who gave a brief overview of the Environmental Impact Statement.

Michael Marlaire, Trish Morrissey and Sandy Olliges presented overheads, which included maps that displayed the site plan for the NASA Research Park and their uses. Topics of discussion were the increased housing, open space and traffic patterns. Mr. Marlaire stated that Alternative 5, the proposed development of approximately 8.4 million square feet of space (2.6 million square feet net new space), with some new development in each of the four development areas concentrated primarily in the NASA Research park areas. New educational, office, research and development museum, conference center, housing and retail would be developed in the NASA Research Park. Housing would be developed in the Bay View area and a new control tower would be constructed in the Eastside/Airfield area, is the preferred alternative.

Councilmembers posed questions regarding the cumulative impacts of the surrounding area including planned developments and state mandates regarding sewer and water. NASA representatives and staff also responded to questions relative to housing units, the ferry terminal for the south bay and various transit opportunities that would support trip reductions.

Mr. Marlaire further stated that experts had been hired in every given area to conduct studies. They will also coordinate with the Sunnyvale Bicycle and Pedestrian Committee on the new road that will be developed. He noted that the Valley Transportation Authority is a cooperating agency and gave assurances that the project is following VTA guidelines. He iterated that NASA is committed to contributing to the City of Sunnyvale's major capital improvements.

Karen Davis, Economic Development Manager, assisted by Paula Bradley, Associate Planner, presented a staff report.

Mayor Fowler opened the Public Hearing at 8:50 p.m.

Doug DeLong, stated that he is in agreement with the staff report.

Werner Gans surmised that the plan is flawed because it does not help solve the housing problem.

Mayor Fowler closed the Public Hearing at 8:57 p.m.

Motion by Councilmember Risch, and seconded by Councilmember Valerio, to support Alternative No. 5 with additional mitigations outlined in the report. The motion carried unanimously.

Program Status Report and Recommended Guidelines for Housing for Public School Teachers, City Employees, and Child Care Teachers Program

Annabel Yurutucu, Housing Specialist, presented the staff report. In response to questions from Councilmembers she clarified the cost for the education component, the limit on deposit assistance for renters, and the homebuyers assistance program.

Councilmember Vorreiter moved, and Vice Mayor Miller seconded approval of the proposed eligibility criteria guidelines for implementation of the Security Deposit Loan and Homebuyer Education Programs. The motion carried unanimously.

2000/2001 Year End Financial Report and Budget Modification No. 11 for 2001/2002 Fiscal Year

Finance Director Bradley presented the staff report. She gave a brief overview of the modifications proposed for consideration.

Motion by Councilmember Risch, and seconded by Councilmember Miller to appropriate the carryovers as shown in Attachment A and B from FY 200/2002 to FY 2001/2002 and approve the recommended FY 2001/2002 budget modification No. 11 with the exception of the Appropriation of funds to enable the addition of a Recruitment and Selection Manager to the Human Resources Budget and funds for Undergrounding of overhead utilities on Fair Oaks between Evelyn and El Camino Real.

Councilmember Vorreiter objects to the removal of the Recruitment and Selection Manager to the Human Resources Budget because she believes it would adversely affect the service levels.

Substitute motion offered by Councilmember Vorreiter, and seconded Councilmember Valerio

to appropriate the carryovers as shown in Attachment A and B from FY 200/2002 to FY 2001/2002 and approve the recommended FY 2001/2002 budget modification No. 11 with the continuation of all the items including the Undergrounding of overhead utilities on Fair Oaks between Evelyn and El Camino Real. The substitute motion failed on a split vote with Councilmember Risch, Councilmember Howe, Vice Mayor Miller and Mayor Fowler dissenting.

The original motion, to appropriate the carryovers as shown in Attachment A and B from FY 200/2002 to FY 2001/2002 and approve the recommended FY 2001/2002 budget modification No. 11 with the exception of the Appropriation of funds to enable the addition of a Recruitment and Selection Manager to the Human Resources Budget and funds for Undergrounding of overhead utilities on Fair Oaks between Evelyn and El Camino Real, carried on a split vote with Councilmember Valerio, Councilmember Vorreiter, and Councilmember Walker dissenting.

City Clerk Kitchens presented the staff report.

In response to Councilmember Howe's query, City Attorney Armento clarified that a workplan is not being needed for all items.

Councilmember Vorreiter noted that the City Meeting of April 9 should be moved to April 16, as reflected in the draft calendar that was presented at the Study Issues Workshop, and moving the City Attorney evaluation from April 8 to April 15.

Department directors responded to questions in the areas of street grade separations, funding for Moffett Park, the timing for the items under the Office of the City Manager and items that fell below the line in Community Development.

Mayor Fowler opened the Public Hearing at 10:05 p.m.

Monica Dragnowsky-Davis requested that the council expand CDD-6 to include the East side of the 100 block of Carroll Street.

Director Paternoster noted that this would not affect the line drawn on the list of Study Issues.

Mayor Fowler closed the Public Hearing at 10:15 p.m.

Motion by Councilmember Vorreiter, and seconded by Councilmember Valerio, to approve the 2002 Study Issues Calendar with one exception to cancel a Council meeting on April 9 and schedule a meeting on April 16, move the City Attorney evaluation from April 8 to April 15, approved the Council Study Priorities list, amending CDD-6 to include the study of the East side of Carroll Street, and approved the budget modification in the amount of $402,300.

Mayor Fowler offered a friendly amendment to defer the Light Rail Corridor Study Issue for 6 months. The amendment was acceptable to the maker of the motion and the second.

The motion, with the amendment, carried with Vice Mayor Miller dissenting.

City Council Intergovernmental Assignments

Assistant City Manager Chan presented the staff report. She noted that on page 7 of the staff report the Vice Chair to the Santa Clara County Emergency Preparedness Council is not a Council appointment and only the representative is. She further noted that, on page 8, the ABAG Executive Board and the Bay Area Air Quality Management District 's four appointments were not listed.

Councilmember Valerio noted that the Altamont Commuter Express Authority on page 8 could be deleted as he no longer serves that board.

Councilmember Walker advocated forming an ad hoc committee to review the process of determining the performance measures for the City Attorney and City Manager.

Vice Mayor Miller moved, and Councilmember Howe seconded approval of the following intergovernmental relation positions:

• ABAG General Assembly: Councilmember Howe
• ABAG – Alternate: Councilmember Risch
• Bay Area Water Transit Community Advisory Committee: Vice Mayor Miller
• NOVA WIB Membership Selection Committee: Vice Mayor Miller
• Santa Clara County Cities Association - Board Representative: Vice Mayor Miller
• Santa Clara County Cities Association – Alternate: Councilmember Howe
• Santa Clara County Cities Association - Legislative Task Force: Councilmember Risch
• Santa Clara County Emergency Preparedness Council: Mayor Fowler
• Santa Clara County Housing Bond Advisory Committee: Councilmember Vorreiter
• Santa Clara Valley Water District - Water Commission: Councilmember Walker
• Santa Clara Valley Water District North Central Zone Advisory Committee: Mayor Fowler
• Santa Clara Valley Water District North West Zone Advisory Committee: Councilmember Walker
• Silicon Valley Animal Control Authority - Members: Mayor Fowler and Councilmember Risch
• Valley Transportation Authority – Board of Directors: Councilmember Valerio
• Valley Transportation Authority – CalTrain Policy Advisory Board: Councilmember Risch
• Valley Transportation Authority – Community Oriented Design Enhancement (CODE) Committee – Member: Councilmember Valerio
• Valley Transportation Authority – Community Oriented Design Enhancement (CODE) Committee - Alternate: Councilmember Risch
• Valley Transportation Authority - Policy Advisory Committee – Member: Councilmember Risch
• Valley Transportation Authority - Policy Advisory Committee – Alternate: Councilmember Walker

The motion carried unanimously.

Vice Mayor Miller moved, and Councilmember Walker seconded, ratification of the following appointments:

• ABAG Executive Committee: Vice Mayor Miller
• ABAG – Earthquake & Transportation Information Review Committee: Vice Mayor Miller
• ABAG – Finance & Personnel Committee: Vice mayor Miller
• ABAG Hazardous Waste Management Facility Allocation Committee: Mayor Fowler
• ABAG Legislation and Governmental Organization Committee: Vice mayor Miller
• Bay Area Economic Forum: Vice Mayor Miller
• Cities Association-First Vice President: Councilmember Vorreiter
• Housing Trust Fund: Councilmember Vorreiter
• Moffett Restoration Advisory Board: Councilmember Walker
• Montague Task Force: Councilmember Valerio
• San Francisco Bay Trail Board of Directors: Vice Mayor Miller
• San Jose State University - Collaboration for Disaster Mitigation: Mayor Fowler
• Silicon Valley Manufacturing Group – Housing Leadership Council: Councilmember Vorreiter
• ABAG Regional Airport Planning Committee: Vice Mayor Miller
• ABAG Regional Planning Committee: Vice Mayor Miller
• VTA - CalTrain Peninsula Joint Powers Board: Councilmember Valerio
• Bay Area Air Quality Management District Board: Vice Mayor Miller
• Bay Area Air Quality Management District Executive Committee: Vice Mayor Miller
• Bay Area Air Quality Management District Public Outreach Committee: Vice Mayor Miller
• Bay Area Air Quality Management District Mobil Source Committee: Vice Mayor Miller
• Bay Area Air Quality Management District Personnel Committee: Vice Mayor Miller

The motion carried unanimously.

Vice Mayor Miller moved, and Councilmember Howe seconded, to ratify in advance any additional Council appointments to the National League of Cities, League of California Cities or other intergovernmental committees for 2002 that have not yet been made. These may include:

National League of Cities:

• Community & Economic Development Policy Committee: Councilmember Vorreiter
• Human Development Steering Committee: Vice Mayor Miller
• Human Development Policy Committee: Vice Mayor Miller
• Women in Municipal Government : Vice Mayor Miller and Councilmember Vorreiter

League of California Cities:

• Employee Relations Committee: Vice Mayor Miller
• Environmental Quality Committee: Councilmember Walker
• Housing, Community & Economic Development (Past Chair): Councilmember Vorreiter
• Revenue and Taxation Committee: Mayor Fowler
• Recycling & Waste Reduction Commission of Santa Clara County: Councilmember Walker
• Second Vice President of the Peninsula Division of the League of California Cities: Vice Mayor Miller

Mayor Fowler stated he would like to serve on the City Selection Committee and the Military Affairs Council and designate an appointee should he choose not to serve.

Councilmember Walker moved, and Vice Mayor Miller seconded, to authorize the Mayor to designate an appointee to serve on the City Selection Committee and the Military Affairs Committee if he chooses not to serve. The motion carried unanimously.

Councilmember Walker moved and Councilmember Risch seconded, to discontinue representation with the California Space Technology Alliance. The motion carried unanimously.

Councilmember Walker moved and Vice Mayor Miller seconded, to form an ad hoc committee to review the process of determining the performance measures of the City Attorney and the City Manager. The committee will be composed of Mayor Fowler, Vice Mayor Miller and Councilmember Walker. The motion carried unanimously.

Mayor Fowler asked Councilmember Walker to convene the meeting.

The City Attorney reminded the Council that the sub-committee would be subject to the Brown Act since a formal motion of the City Council formed it.

Councilmember Walker moved, and Vice Mayor Miller seconded, to rescind the former motion to form a sub-committee to review the process of determining the performance measures of the City Attorney and the City Manager. The motion carried unanimously.

Mayor Fowler appointed a task force, composed of Councilmember Walker, Vice Mayor Miller and Mayor Fowler, to review the process of determining the performance measures of the City Attorney and the City Manager and make recommendations at a later date, and asked Councilmember Walker to convene the meeting.

2002 Intergovernmental Relations Priorities and Legislative Action Policies

Approved the legislative action policies and the intergovernmental priorities as proposed with exceptions noted. 7-0

Assistant City Manager Chan presented the staff report. She noted three Intergovernmental Relations Priorities: Fiscal Reform; Energy; and Transportation Infrastructure. There are also several Priority Watch Issues, which are: Moffett Federal Complex; Fiscal Relief; Telecommunications Issues; Environmental Issues; and Sc[i]^{3 .} In addition staff has included a policy statement for water transit as requested by Council at the Study Issues Workshop in December.

A discussion among Councilmembers focused on Homeland Security, legislation affecting utilizing excess PERS investments by the affected local contracting agency, and local water transit systems.

Mayor Fowler opened the Public Hearing at 10:58 p.m.

Werner Gans speculated that more information about the water transit issue is needed before the City can embrace the concept. He expressed concerns for the environment.

Vice Mayor Miller responded explaining various aspects of the project.

Mayor Fowler closed the Public Hearing at 11:04 p.m.

Councilmember Walker moved, and Councilmember Valerio seconded, to approve the legislative action policies and the intergovernmental priorities as proposed and accept the following friendly amendments:

Councilmember Risch offered the friendly amendment that since the Homeland Security Office has been established, he wishes to merge the two issues on Homeland Security based on what is in place today.

Vice Mayor Miller offered the friendly amendment to delete all of number 6 on page 27,Support Efforts to Revise the Constitution, and defer action on numbers 13 and 14 on page 2 relating to water transit issues until after the Public Hearing is conducted.

The motion carried unanimously.

Request for Assistance from United States Department of Justice

Director of Public Safety Bakin presented the staff report. He gave assurances that the interviews are non-custodial, voluntary, consensual interviews. Persons are free to choose not to participate.

In response to Councilmember Valerio's question, City Attorney Armento clarified that the process does not draw conclusions from a person's willingness to participate.

Chief Bakin responded to Councilmember Risch by stating that the purpose for the interviews, as stated by the U.S. Attorney's Office, is to thwart terrorism and has not singled out specific groups.

Mayor Fowler opened the Public Hearing at 11:23 p.m.

Werner Gans expressed support in assisting the Department of Justice in their efforts because of the heinous nature of the terrorist attacks.

Margaret Lawson opposes because she feels it raises suspicion in the community.

Tom Mayer commented that he feels that American principles are being compromised.

Mayor Fowler closed the Public Hearing at 11:32 p.m.

Motion by Vice Mayor Miller, and seconded by Councilmember Risch to comply with the U.S. Attorney's request for assistance by completing the remaining interviews.

Councilmember Walker stated that these are appropriate actions in order to preserve the tranquility and national defense of this country.

Councilmember Vorreiter opposes this action because she believes that there is a potential for changing our way of recognizing the civil liberties of the citizens.

Councilmember Valerio supports as he feels there are no injustices and are reasonable steps to protect our freedom.

Councilmember Howe feels that citizen's rights are being taken away by supporting the Department of Justice's request.

Mayor Fowler justified his opposition because he feels it singles out individual minority groups.

The motion carried, with Councilmember Vorreiter, Councilmember Howe and Mayor Fowler dissenting.

Pre-Appeal of the Administrative Hearing Agenda of January 30, 2002