APPROVED MINUTES

SUNNYVALE CITY COUNCIL

April 25, 2006

 

 

The City Council of the City of Sunnyvale met in Regular Session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:00 p.m., with Mayor Swegles presiding.

 

SALUTE TO THE FLAG

 

Mayor Swegles led the salute to the flag.

 

ROLL CALL

PRESENT:

Mayor Swegles

Vice Mayor Otto Lee

Councilmember Dean J. Chu

Councilmember Melinda Hamilton

Councilmember Anthony Spitaleri

Councilmember Christopher Moylan

ABSENT:

Councilmember Howe (Excused)

STAFF PRESENT:

Amy Chan, City Manager

Robert Walker, Assistant City Manager

David Kahn, City Attorney

Trudi Ryan, Planning Officer

Marilyn Crane, Manager Information Technology Services

Mary Bradley, Director of Finance

Jack Witthaus, Transportation and Traffic Manager

Tim Kirby, Revenue Systems Supervisor

Marvin Rose, Director of Public Works

Deborah Barrow, Director of Libraries

Coryn Campbell, Neighborhood and Community Resources Manager

Craig Farley, Public Safety Lieutenant

Katherine Bradshaw Chappelear, City Clerk

 

PUBLIC ANNOUNCEMENTS

 

Councilmember Chu announced that Fremont Union High School has three vacancies on its school board. There will be a prospective School Board Candidates Workshop on Saturday, May 13 from 8:30 a.m. to noon at the Silicon Valley United Way building, located at 1922 The Alameda, San Jose (between Highway 880 and Hedding Street).  Colleen Medeiros is the contact person and can be reached at (408) 522-2201.

 

Councilmember Chu announced that the City is accepting applications for Boards and Commissions vacancies until 5 p.m. on May 12, 2006. 

 

Andy Clark, Executive Director for the League of American Bicycles, presented a street sign and certificate to Mayor Swegles naming Sunnyvale as a Bicycle Friendly Community.  Mayor Swegles stated the City has updated its bike map and the map is now available
at: bike.insunnyvale.com.

 

Josh Salans, President of Sustainable Community Gardens, gave a progress report on the community gardens construction and plans.  He stated the site has been named the “Charles Street Gardens” and is designed with 90 individual raised redwood garden beds.  Applications for a garden space are now being accepted and the application is available at www.sunnyvalecommunitygardens.org.  He stated volunteers are needed and anyone interested may contact him at (408) 735-8166 or via email at jsalans@aol.com.

 

Tap Merrick invited the community to attend the Santa Clara Unified School District’s Board Meeting regarding Peterson Field issues on May 11 at 1889 Lawrence, 7 p.m.

 

CLOSED SESSION REPORT

 

Vice Mayor Lee reported that Council met in Closed Session on April 24, 2006, pertaining
to: Conference with Legal Counsel–Anticipated Litigation–Pursuant to Government Code Section 54956.9 (b); Significant Exposure to Litigation: 1 Potential Case.  Vice Mayor Lee indicated that direction was given, but no action was taken.

 

CONSENT CALENDAR

 

Councilmember Hamilton requested Items 1.D. and 1.F be removed from the Consent Calendar.

 

Councilmember Spitaleri requested Item 1.K. be removed from the Consent Calendar.

 

Vice Mayor Lee moved and Councilmember Hamilton moved to approve the Consent Calendar with the exceptions of Items 1.D., 1.F. and 1.K.

 

Motion carried: 6-0 (Councilmember Howe absent)

 

1.A.

Approval of Draft Minutes of Special Meeting of April 11, 2006

 

 

Council approved as submitted.

 

1.B.

Approval of Information/Action Items – Council Directions to Staff

 

 

Council approved as submitted.

Fiscal Items

 

1.C.

RTC 06-127

List of Claims and Bills Approved for Payment by the City Manager (List No. 294 and 295)

 

 

Council approved as submitted.

 

1.D.

RTC 06-114

Participation in a Regional Wireless Broadband Network

 

 

Marilyn Crane, Manager of Technology Services, stated there was not a prepared staff report, but that she was available to answer questions. 

 

Councilmember Hamilton asked staff to identify the agencies listed in the staff report such as San Mateo Telecommunication Authority and the 17 member agencies.   Manager Crane stated that San Mateo County has an agency that represents the cities within the county on telecommunication issues.    

 

 Councilmember Hamilton asked staff what area Joint Venture Silicon Valley planned to include in the initiative.  Manager Crane stated the initiative covers Santa Clara, San Mateo and Alameda County.

 

Councilmember Hamilton asked if the City of Sunnyvale is able to review the initial drafts, and Manager Crane confirmed that the City has been participating in the review process from the beginning. 

 

Mayor Swegles opened the Public Hearing.  No one wished to speak and Mayor Swegles closed the Public Hearing.

 

Councilmember Hamilton moved and Councilmember Moylan seconded to approve Alternative No. 1:  Authorize staff to participate in the Preparation of a Request for Proposals for the Development of a Regional Wireless Broadband Network and contribute $2,500, as requested by the Wireless Silicon Valley Task Force.

 

Motion carried: 6-0 (Councilmember Howe absent)

 

1.E.

RESOLUTION

RTC 06-124

Resolution – Endorsement of Santa Clara County Park Charter Fund Renewal

 

 

Council approved as submitted.

 

Contracts

 

1.F.

RTC 06-126

Amendment to Street Light Pole Contract and Franchise Agreement with MetroFi, Inc.

 

 

Manager Crane stated there was not a prepared staff report, but that she was available to answer any questions. 

 

Councilmember Hamilton asked what constitutes public property.  Manager Crane stated that public property is any City-owned property, and that the amendment to the franchise agreement would require a lease agreement and the normal permit process would be required if any locations are sited on City-owned property.  She stated this amendment would include other locations since the original agreement was strictly related to street light poles.

 

Mayor Swegles opened the Public Hearing.  No one wished to speak and Mayor Swegles closed the Public Hearing.

 

Councilmember Hamilton moved and Councilmember Chu seconded to approve Alternative No. 1:  Approve an amendment to the Street Light Pole Contract & Franchise Agreement to encompass other public places in the City for MetroFi to install equipment subject to obtaining the required permits and approvals.

 

Motion carried: 6-0 (Councilmember Howe absent)

 

1.G.

RTC 06-120

Award of Bid No. F0512-40 for the Java Drive Pedestrian Bridge

 

 

Council approved as submitted.

 

 

 

1.H.

RTC 06-118

Award of Bid No. F0502-53 to Rehabilitate Deteriorated Manholes in the Lawrence Trunk Sewer Line and Perform Related Work at the Arques Pump Station

 

 

Council approved as submitted.

 

1.I.

RTC 06-119

Award of Bid No. F0502-58 for Police Patrol Cars

 

 

Council approved as submitted.

 

1.J.

RTC 06-115

Award of Bids No. F0502-57 for Street Tree Structural Pruning Services

 

 

Council approved as submitted.

 

1.K.

RTC 06-116

Award of Bids No. F0511-36 Solar-Powered Speed Radar Signs

 

 

Mary Bradley, Director of Finance, and Jack Witthaus, Transportation and Traffic Manager, stated there was not a formally prepared staff report, but they were available to answer any questions.

 

Councilmember Spitaleri asked staff to explain the significant difference in the bids received, and what track record did staff consider to confirm the bidder was responsive and responsible.  Director Bradley stated when there is a large disparity in bids; staff looks at the lowest bid to make sure the contractor can do the work and has a valid bid.  Councilmember Spitaleri asked what investigation of the lowest bid was completed and how did staff review the bidder’s previous work.  Manager Witthaus stated staff reviewed their work product for other cities, and tested the equipment at the City for approximately a month after the bids were received. 

 

Councilmember Spitaleri moved and Councilmember Moylan seconded to award a contract, in substantially the same form as the draft Purchase Order, and in the amount of $178,613 to Fortel Traffic, Inc., for twenty-two solar-powered speed radar signs.

 

Motion carried: 6-0 (Councilmember Howe absent)

 

STAFF RESPONSES TO PRIOR PUBLIC COMMENTS

 

None

 

PUBLIC COMMENTS

 

Tap Merrick spoke about the Peterson Field and requested that the preliminary results/findings related to Peterson Field be on the agenda for the Council meeting of May 9, 2006. 

 

Amy Chan, City Manager, stated that staff report on the options for Peterson Field is scheduled for the Council meeting of May 30th.  This report will allow Council to request further research on any of the options presented.  This date was chosen in order for the Parks and Recreation Commission to first review this item and for their recommendations to be included in the report.

 

Hassan Lajevardi requested a variance from the Automobile Station Ordinance so he may sell food and drink at his automobile service station located at the corner of Mary and El Camino.  Councilmember Spitaleri asked Mr. Lajevardi if he understood that sale of food and drink would not be allowed when he built his station.  Mr. Lajevardi stated he was aware that this issue would be on the Council agenda for 2005/2006 and was hopeful that the decision would be reversed.

 

Planning Officer Ryan stated that the City Zoning Ordinance specifically prohibits the sale of groceries at automobile service stations.  She stated that a variance may not be considered through the prohibited activity process.  Officer Ryan clarified that for the past two years Council did not rank this issue high enough to be studied; however, the issue will be presented for Council consideration again this December for potential study in 2007.

 

Dee Sutton, representative from United Way, thanked the City of Sunnyvale for their support of the Annual Employee Giving Campaign and the number of volunteers they receive from the City.  Ms. Sutton announced that there will be a new service (referred to as 211) starting in January 2007, which will serve as an informational disaster referral service, and will offer an informational resource service for the City.

 

George Schweitzer shared his desire to have Wi-Fi offered at the Sunnyvale Library.  Councilmember Hamilton explained to Mr. Schweitzer that the item on this evening’s consent calendar approved MetroFi’s ability to install equipment at the Sunnyvale train station, which will allow for free wireless service within the downtown area.

 

PUBLIC HEARINGS/GENERAL BUSINESS

 

2.

RESOLUTION
RTC 06-132

Proposed Fiscal Year 2006/2007 Rates for Water, Wastewater, and Solid Waste Utilities

 

 

Tim Kirby, Revenue Systems Supervisor, Mary Bradley, Director of Finance, and Marvin Rose, Director of Public Works, presented the staff report.

 

Councilmember Hamilton stated Council voted earlier this year to accept fluoridated water from the San Francisco Public Utilities Commission (SFPUC), and asked if the percentage of water purchased were decreased, would the distribution of the fluoridated water change.  Director Rose stated the ratio of water received between Santa Clara Valley Water District (SCVWD) and the SFPUC will remain the same, although the volumes are down because of less use.

 

Councilmember Spitaleri asked staff to explain the information on page 7 of the staff report regarding unexpected increases in Operations and Management.  Supervisor Kirby stated this discussion revolves around the SFPUC projections; however, staff thinks this increase is related to their significant capital improvement project.

 

Mayor Swegles opened the Public Hearing at 7:57 p.m.

 

Werner Gans spoke in opposition to the water rate increases.

 

No one else wished to speak and Mayor Swegles closed the Public Hearing at
7:59 p.m.

 

Councilmember Chu asked staff when Bay Area Water Supply and Conservation Agency (BAWSCA) acknowledged that there would be a water rate increase.  Director Bradley stated that in March 2006, the SFPUC staff provided their ten-year projections for water costs and a meeting was held with BAWSCA and the suburban users, which provided rough estimates of the increases.

Councilmember Chu confirmed with staff that the City operates the utility on a cost recovery basis.

 

Councilmember Moylan moved and Councilmember Spitaleri seconded to approve Alternative No.1:  Adopt the proposed resolution increasing water rates by 11.5%, wastewater rates by 6%, and solid waste collection rates by 5.5% for FY 2006/2007.

Motion carried: 6-0 (Councilmember Howe absent).

 

3.

RTC 06-117

Study Issue – Report of the Vision for Sunnyvale’s Library of the Future, and Assess Future Library Facility Need

 

 

Deborah Barrow, Director of the Libraries, presented the staff report.

 

Councilmember Moylan asked if the City could move forward with Phase 2 now that public outreach has been done.  Director Barrow stated the next step is to look at the type of configuration and what would be appropriate for the City of Sunnyvale and then to bring that information to Council for consideration and direction.

 

Councilmember Spitaleri stated he agreed with the need for a branch library and would like to see things move rapidly.

 

Councilmember Hamilton asked if the surveys are targeted at people already using the library or are they a representative sample of the population.  Director Barrow said some of the surveys included the general population of the area, but for the City’s own library needs, the surveys were done mostly in the library.

 

Councilmember Chu verified with staff that the study done for the community was the Godbe Study contained in Attachment No. 2 of the staff report.

 

Mayor Swegles verified with staff that the City no longer has the book-mobile in operation.

 

Mayor Swegles opened the Public Hearing at 8:22 p.m.

 

Werner Gans stated the library in Santa Clara is a wonderful model and should be used as a point of departure for planning a new library in Sunnyvale. 

 

Jim Griffith, Chair of the Library Board of Trustees, stated the recommendation from the Board is to approve Alternative No. 1.  Mr. Griffith stated he is speaking for himself this evening, and wished to stress the unique opportunity to take advantage of a bond measure on the June ballot, Proposition 81.  If passed this proposition would allow municipalities such as Sunnyvale to take advantage of up to $20 million in 65% matching money for construction or renovation of libraries.  Regardless if Proposition 81 passes, he thinks a new library is necessary.

 

Councilmember Moylan asked Mr. Griffith if the City could be more competitive for grant funds if study and project was already underway.  Mr. Griffith stated that the proposition would have a specific schedule that would allow for a two-year time frame to get a plan and a certain amount of funding in place.  However, the library would not have to be completed.

 

 

Councilmember Moylan verified with Mr. Griffith that if Council adopts the Library Board’s recommendation on this issue, the Board will help the City obtain the proposition funds should they become available.

 

Vice Mayor Lee asked staff how urgent would it be to have a plan in place in order to compete for the grant funds if the proposition were to pass.  Director Barrow stated similar ballot measures in the past have resulted in highly competitive processes among the library jurisdictions.  This is a two-year process and in talking with the Bond Act Manager, she learned that it would be wise to start the process as soon as possible with the goal of a new library regardless of receiving bond funding.  Director Barrow stated she has been through this process before and the California State Library has very high expectations as this is a huge investment.

 

Mr. Griffith stated the bond measure (Proposition 81) is for $600 million.  Director Barrow stated that the last bond measure in 2000 ran out of money which left
$300 million in approved, but not funded projects.  She stated if this proposition passes, those approved projects would get funding first, then $25 million would be devoted to school/library projects, and the rest would go to new project applications.

 

Vice Mayor Lee verified with Director Barrow that other communities were successful in receiving the grant by their lobbying efforts.

 

No one else wished to speak and Mayor Swegles closed the Public Hearing
at
8:34 p.m.

 

Councilmember Hamilton asked how other neighboring jurisdiction libraries financed the updating of their facilities.  Director Barrow stated the City of Saratoga passed a measure where they funded it themselves and the City of Cupertino raised the money from the community.  She stated the City of Gilroy is the only library in the area that is approved for bond funding if Proposition 81 passes.

 

Councilmember Hamilton asked if any of the approved projects waiting for funding moved forward without the funding.  Director Barrow stated that she is not aware of any projects going forward on their own, but it is possible that a project may not occur due to escalating construction costs and the jurisdiction not being able to cover the new costs.  In the past some libraries dropped out, and the money was then redistributed.    

 

Councilmember Moylan moved and Councilmember Chu seconded to approve Alternative No. 1:  Aprove the Vision of the Sunnyvale Library of the Future and Direct Staff to Develop Requests for Proposals to Conduct the Formal Needs Assessment, Plan of Service and Building Program.

 

Motion carried: 6-0 (Councilmember Howe absent).

 

4.

RTC 06-130

Application for Rezoning and Special Development Permit on a 2.1-acre site at 595 Lawrence Expressway (at Duane Avenue) to develop a 22,682 square-foot retail center (continued from April 11, 2006)

 

 

Mayor Swegles verified with Councilmembers that they had not had contact with the applicant, Morris Associates.

Trudi Ryan, Planning Officer, presented the staff report.

 

Councilmember Chu asked how the garbage locations will be handled.  Officer Ryan stated the property to the south of the proposed site is a hotel and the manager was concerned about retaining the location of their trash enclosures along the southern property line.  Staff recommends the trash enclosures be fully enclosed, and are moved so as to become part of the building architecture.  This will provide some buffer from noise and contain odors associated with food waste and addresses the concerns of the hotel.

 

Councilmember Hamilton asked if the Pacific Gas and Electric easement is incorporated in the site plan.  Officer Ryan stated that the site plan does comply with the Public Utility Easement (PUE).

 

Mayor Swegles opened the Public Hearing at 8:48 p.m.

 

Ken Rodrigues, project architect, spoke in favor of the project and presented an overview of the site plan.  He has worked with staff to preserve as many of the trees as possible.

 

Jim Baer, working with Jeffery Morris (applicant), stated they would like the City to consider applying 50% of the parking requirement to the bank when staff reviews  adjusting the parking requirement from 30% to 40% for food service.

 

Vice Mayor Lee confirmed with Mr. Rodrigues that he is familiar with the Conditions of Approval and concurs with the entire staff report.

 

Vice Mayor Lee asked Mr. Baer if they had considered underground parking and Mr. Baer stated that the economics of underground parking require greater density and in order to create that type of parking structure the cost needs to be absorbed in multi-story mixed-use at a density that would not be appropriate for this site.

 

Vice Mayor Lee asked if Mr. Baer is looking to increase the percentage of parking use.  Mr. Baer stated that they would like staff to consider when reviewing the parking requirements, that the bank be considered at less than full parking compliment (less than 100% allocable to the bank), because the bank is a second-stop for a person parking. 

 

Councilmember Hamilton requested verification that the table on page 12 of the staff report reflects a 30% restaurant usage for required parking, and asked if there were to be 40% restaurant usage, would the parking requirements increase.  Officer Ryan explained there are two tables in the report and each represents a percentage of the site for restaurant uses (identified at the lower rate of parking: one space per 110 square feet).  She stated a fast food restaurant would have a higher rate of parking, and there are numerous variations in calculating parking requirements.  Councilmember Hamilton stated that it appears that the rate of parking depends on the type of restaurant.   Officer Ryan explained that staff compromised in allowing up to 30% restaurant use, but above 30% (up to 40%) would require a staff-level Miscellaneous Plan Permit (MPP) to allow staff to look at the other uses on the site in consideration of the parking requirements. 

 

Councilmember Moylan stated that it appears the applicant’s proposal is the same as the staff recommendation in that the proposed and required parking spaces both identify 151 spaces.  Officer Ryan clarified that an average shopping center needs one space per 200 square feet of floor area (113 parking spaces), and the use permit would normally cap restaurant uses at 10%; however, the applicant has proposed a high rate of restaurant uses.  Officer Ryan pointed out that the chart in the staff report is reflective of specific types of use and should the use change, the requirement may change.

 

Councilmember Moylan asked Mr. Baer to clarify his request.  Mr. Baer stated that they were asking staff to consider the cross-parking features and the non-peak hour parking features of a commercial bank.  They are asking for special consideration because the demolition of a non-obsolete employment building to create retail use requires more pre-leasing and is a larger risk.

 

Councilmember Chu asked the applicant where the financial institution would be located on the site.  Mr. Rodrigues stated it would be located at the upper northeast corner of the project at Lawrence and Duane.

 

Councilmember Chu asked Mr. Rodriuges if the proposed financial institution would be primarily a lending office or a retail shop.  Mr. Rodrigues stated it is a commercial bank for businesses; therefore, customer trips to this location would be significantly less than a retail bank. 

 

Councilmember Chu inquired about the parking ratio for office buildings.   Officer Ryan stated that it would depend on the zoning district.  Should an application be received above the 30%, staff would then look at all the surrounding uses, peak hours, and what things staff can condition appropriately.  She stated the intent of the MPP process is for staff to look at the peak hours of various uses on the property and condition the approval accordingly. 

 

Councilmember Spitaleri asked Mr. Baer if their request was to look at the possibility of up to 50% parking use as long as the area remains a bank.  Mr. Baer stated that was accurate, but they were comfortable in modifying that percent to manage movement above 30% given staff’s comments, and willingness to look at parking considerations for a commercial bank differently than a retail bank.

 

The developer thanked staff for working through the process and stated there is a significant demand for restaurants above 40% and stated his team will need to balance the uses.

 

Mayor Swegles asked the applicant team if the existing building was considered a Class B to Class B+.  The architect stated he thought it was Class A when he built it.  Mayor Swegles stated that the City needs more Class A office space and with minor improvements this building could be a Class A office space again.  Mr. Rodrigues stated that tenants of Class A space currently require a much larger space; multi-level with a minimum 40,000 square-foot footprint.

 

Mayor Swegles asked Mr. Rodrigues if there were a possible tenant for the space would they explore that opportunity.  The developer stated they have a signed lease with the bank and several letters of intent from restaurants; therefore, they are obligated to proceed with obtaining the approvals and moving forward.

 

Councilmember Hamilton asked the developer if he had received any letter of intent from retail other than the bank, and he stated not at this time, but they are moving forward in obtaining additional letters of intent.  He stated they need to balance out the restaurants first.  Mayor Swegles asked if there would be a grocery or drug store and the developer stated there would not be due to the size of the spaces.

 

Harriet Rowe expressed her concerns over the architectural design compared to the current building, and stated she did not like the “box” style architecture.

 

Mayor Swegles stated his concerns over the architecture of the proposal, and asked if there was a way to get around the “box look” without major modification.  Mr. Rodrigues stated the Planning Commission had some of the same concerns and liked the current design, which has been changed to move away from a “box” look.  Mayor Swegles explained to Mr. Rodrigues that what he meant was to round some of the corners of the buildings as opposed to right angles and Mr. Rodrigues agreed that was possible.

 

Mayor Swegles closed the Public Hearing at 9:27 p.m.

 

Councilmember Spitaleri moved and Councilmember Moylan seconded to approve Alternative No. 1:  Adopt the Negative Declaration, introduce an Ordinance and approve the Special Development Permit with the attached conditions as modified at the April 10, 2006 Planning Commission Public Hearing.

 

Mayor Swegles made a friendly amendment requesting that the architect explore rounding the corners of the buildings.  Councilmember’s Spitaleri and Moylan accepted the friendly amendment.

 

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

 

Motion carried: 6-0 (Councilmember Howe absent).

 

5.

RTC 06-131

Study Issue:  City Policy to Address Employee Participation in Disaster Relief/Recovery in the Bay Area, California and other National Regions

 

 

Craig Farley, Public Safety Lieutenant, presented the staff report.

 

Councilmember Spitaleri asked if an employee volunteers during a disaster on their own time, is the intent of this policy not to cover them should they get injured as a volunteer.  David Kahn, City Attorney, stated there is case law that a firefighter or Police Officer are considered on duty 24 hours a day (whether formally on a shift or not) and should they see an emergency occur while off duty and they respond, they would still be covered.  Attorney Kahn stated he would have to do more research to accurately address whether or not an individual (who requested time off to volunteer) would be fully-covered by the City during that time.

 

Mayor Swegles asked Attorney Kahn if Council should postpone this item to a date certain so that he may get back to Council with updated information.  He stated additional information could impact Council action on this item.  Attorney Kahn stated it would be appropriate to postpone this item to a date certain due to the significance and importance of the question.

 

City Manager Chan stated the issue was not time sensitive and suggested that the Mayor open the Public Hearing to hear additional comments and questions before staff completes additional research. 

 

Mayor Swegles opened the Public Hearing at 9:46 p.m.  No one wished to speak and Mayor Swegles closed the Public Hearing at 9:47 p.m.

 

City Manager Chan suggested the item be moved to the Council meeting of May 16, 2006.

 

Vice Mayor Lee moved and Councilmember Spitaleri seconded to continue this item to May 16, 2006.

 

Councilmember Hamilton offered a friendly amendment asking the City Attorney to identify which states would not cover an unaffiliated volunteer as noted on page five of the report which reads “the employee is covered under the Disaster Service Worker Volunteer Program for Worker’ Compensation while volunteering in California, other states may not cover an unaffiliated volunteer”.  She also asked that states having a program similar to California be identified.  City Attorney Kahn stated that a friendly amendment was not needed since he will include the information in his response.

 

Motion carried: 6-0 (Councilmember Howe absent).

 

6.

RTC 06-125

Adoption of Legislative Advocacy Position (LAP) Regarding AB 1923:  An Act to Add Section 906 to the Military and Veterans Code, Relating to Military Benefits

 

 

Coryn Campbell, Neighborhood and Community Resources Manager, presented the staff report.  She stated the proposed legislative position does not affect City business and there is not a staff recommendation for this item.

 

Councilmember Hamilton asked who would absorb the cost for the proposed legislation (AB 1923), which would prohibit any campus of the University of California, the California State University or the California Community Colleges from charging  tuition or fees, as specified, to any qualified member, as defined.  Manager Campbell stated that the legislation is unclear as to who will cover costs. 

 

Mayor Swegles stated he believed the money would come from the same funding as the Veteran’s Administration Education Fund.  Manager Campbell noted that staff inquired about the funding; the funding remained unclear and may be identified as the bill proceeds.  Mayor Swegles asked if California is the only state that does not provide educational benefits, and Manager Campbell stated that California is one of two states that does not offer this benefit.  

 

Mayor Swegles opened the Public Hearing at 9:53 p.m.  No one wished to speak and Mayor Swegles closed the Public Hearing at 9:54 p.m.

 

 

Mayor Swegles moved and Councilmember Hamilton seconded to support Alternative No. 1:  Support AB 1923 and adopt the proposed LAP:  Support education benefits for members of the California National Guard.

 

Councilmember Hamilton offered a friendly amendment that Council encourages funding to come from the Veteran’s Administration Educational Fund; not from the California University System.  Mayor Swegles accepted the friendly amendment.

 

Motion carried: 6-0 (Councilmember Howe absent).

 

NON-AGENDA ITEMS & COMMENTS

 

COUNCIL:

Councilmember Spitaleri stated that the Association of Bay Area Governments (ABAG) recently took two actions that will affect the City.  One motion increases ABAG’s operating budget; therefore, increasing the City’s annual membership dues by 6%.  The second action allows city managers to attend ABAG meetings (as a voting delegate) if a councilmember is not appointed, or if the appointed councilmember is unable to attend the meetings.

 

Vice Mayor Lee stated that the Santa Clara County Board of Supervisors recognized April 25 in remembrance of all holocausts.

 

Mayor Swegles congratulated Florence Wolfe, mother of former Mayor and Councilmember Pat Vorreiter, on her 90th birthday.

 

Mayor Swegles announced he was given the “golden saw” from Lowes Lumber, a new business in town.  He stated it is Lowe’s tradition, when opening a new store, to have the Mayor cut a piece of wood instead of the traditional ceremonial ribbon. 

 

Councilmember Moylan requested that the Council meeting scheduled for June 20, 2006 be canceled and rescheduled on June 27, 2006.  Mayor Swegles stated Councilmember Howe would be unable to attend a meeting on June 27.  Vice Mayor Lee stated he received orders to serve in the military for two weeks starting June 25; therefore he will be unable to attend a meeting on June 27.  Vice Mayor Lee also stated concern about flexibility should Council need an extra meeting to adopt the budget by June 30, 2006 and prefers to leave the June 27 date open.  Mayor Swegles determined that the June 20 meeting will not be cancelled as June 27 may be needed for budget consideration and two Councilmembers will be unable to attend a meeting on that date.

 

Mayor Swegles confirmed with City Manager Chan that a meeting on May 30, 2006, was added to the Council calendar.

 

Councilmember Chu asked if the May 30 agenda will be published on Thursday instead of Friday due to the Memorial Day holiday.  City Manager Chan stated that since the holiday is on a Monday, the agenda and all the materials will be available on the Friday before the meeting.

 

STAFF:

None

INFORMATION ONLY ITEMS – Received and Filed

 

Tentative Council Meeting Agenda Calendar (.doc)

Approved Minutes of the Housing and Human Services Commission Meeting of February 22, 2006

Approved Minutes of the Housing and Human Services Commission Meeting of March 14, 2006

Draft Minutes of the Bicycle and Pedestrian Advisory Committee Special Meeting of March 30, 2006

Draft Minutes of the Library Board of Trustees Meeting of April 10, 2006

RTC 06-122 Opportunity to Appeal Decisions of Planning Commission Meeting of April 10, 2006 and Administrative Hearing of April 12, 2006

Study Session Summary – Status Report on Recycled Water in Sunnyvale:  History, Progress,   Goals, Costs, Funding, Master Plan, Outlook – April 11, 2006

Draft Minutes of the Parks and Recreation Commission Meeting of April 12, 2006

 

ADJOURNMENT -  Mayor Swegles adjourned the Council Meeting at 10:08 p.m.

 

Katherine Bradshaw Chappelear

City Clerk