APPROVED MINUTES
CITY COUNCIL

SPECIAL MEETING

Council Study Issues and Budget Issues Workshop

FRIDAY, DECEMBER 15, 2006

ORDER OF BUSINESS

8:30 a.m. – Special Council Meeting

CALL TO ORDER

Mayor Lee called the meeting to order at 8:30 a.m.

SALUTE TO THE FLAG

Mayor Lee led the Salute to the Flag.

ROLL CALL

Amy Chan, City Manager, presented an overview of the Study Issue process.

City Manager Chan stated a Public Hearing on Study and Budget Issues was previously held.  There will not be an additional Formal Public Hearing for this workshop; however, Public Comments will be heard.

PUBLIC ANNOUNCEMENTS

Councilmember Chu announced that the walkway between Hendy Avenue and the north platform of the Sunnyvale Caltrain station is complete and open for business.  The walkway provides paved, accessible access.  An adjacent stop controlled intersection with high visibility crosswalks addresses traffic safety concerns.  He thanked staff for their work on this project.

Mayor Lee announced that Councilmember Hamilton arrived at 8:57 a.m.

Study Issues -

Review, Discussion, and Priority Setting by Department

OFFICE OF THE CITY ATTORNEY

No proposed Study Issues for 2007.

OFFICE OF THE CITY MANAGER

Robert Walker, Assistant City Manager presented five Study Issues for the Office of the City Manager.

City Manager Chan suggested in order to expedite the review process, Council vote by a show of hands (instead of the electronic voting system) and that a second for motions to drop or defer a Study Issue will not be required.  This is the same system used during last year’s workshop.

MOTION: Councilmember Chu moved to drop OCM 03.

SHOW OF HANDS VOTE: 5-2 (Councilmember Swegles and Mayor Lee dissented)

COMMUNITY DEVELOPMENT DEPARTMENT

Robert Paternoster, Director of Community Development, explained that there is a difference between defer and drop.  If the item is deferred, the item will come back the following year and a Study Issue paper must be written.  He stated staff spent over two-hundred hours preparing papers on the current forty-eight Study Issues.

Director Paternoster presented forty-eight Study Issues for the Community Development Department.

Councilmember Moylan stated he would prefer Sub-Element updates not be a part of the Study Issue Process and requests a revision to this process.  He stated the Sub-Element updates take many staff hours and this causes Council to defer other items in order to allow for these updates to occur.

Mayor Lee confirmed there are state law requirements to have a Board of Building Code Appeals Board.

MOTION: Councilmember Chu moved to COMBINE CDD 11 into CDD 35.

SHOW OF HANDS VOTE: 7-0

MOTION: Councilmember Chu moved to COMBINE CDD 3 into CDD 48.

SHOW OF HANDS VOTE: 4-3 (Vice Mayor Spitaleri, Councilmember’s Swegles and Hamilton dissented)

MOTION: Councilmember Moylan moved to COMBINE CDD 36 with DPW 11.

SHOW OF HANDS VOTE: 1-6 Motion failed (Councilmember Howe, Vice Mayor Spitaleri, Mayor Lee, Councilmember’s Swegles, Chu and Hamilton dissented)

Councilmember Chu asked for a point of order.  He stated that the vote went so fast that he meant to vote for the motion, not against it.

MOTION: Councilmember Moylan moved to COMBINE CDD 36 with DPW 11.

Re-Vote-SHOW OF HANDS VOTE: 2-5 Motion failed (Councilmember Howe, Vice Mayor Spitaleri, Mayor Lee, Councilmember’s Swegles and Hamilton dissented)

MOTION: Councilmember Moylan moved to DEFER CDD 08.

SHOW OF HANDS VOTE: 2-5 Motion failed (Councilmember Howe, Mayor Lee, Councilmember’s Swegles, Chu and Hamilton dissented)

MOTION: Councilmember Moylan moved to DEFER CDD 30.

SHOW OF HANDS VOTE: 6-1 (Councilmember Swegles dissented)

MOTION: Councilmember Moylan moved to DEFER CDD 31.

SHOW OF HANDS VOTE: 3-4 Motion failed (Mayor Lee, Councilmember’s Swegles, Chu and Hamilton dissented)

MOTION: Councilmember Moylan moved to DROP CDD 01.

SHOW OF HANDS VOTE: 7-0

MOTION: Councilmember Moylan moved to DROP CDD 07.

SHOW OF HANDS VOTE: 4-3 (Vice Mayor Spitaleri, Mayor Lee and Councilmember Swegles dissented)

MOTION: Councilmember Moylan moved to DROP CDD 09.

SHOW OF HANDS VOTE: 5-2 (Vice Mayor Spitaleri and Councilmember Howe dissented)

MOTION: Councilmember Moylan moved to DROP CDD 14.

SHOW OF HANDS VOTE: 6-1 (Councilmember Howe dissented)

MOTION: Councilmember Moylan moved to DROP CDD 15.

SHOW OF HANDS VOTE: 1-6 Motion failed (Councilmember Howe, Vice Mayor Spitaleri, Mayor Lee, Councilmember’s Swegles, Chu and Hamilton dissented)

MOTION: Councilmember Moylan moved to DROP CDD 16.

SHOW OF HANDS VOTE: 2-5 Motion failed (Vice Mayor Spitaleri, Mayor Lee, Swegles, Chu and Hamilton dissented

MOTION: Councilmember Moylan moved to DROP CDD 17.

SHOW OF HANDS VOTE: 3-4 Motion failed (Councilmember’s Howe, Swegles, Chu and Hamilton dissented)

MOTION: Councilmember Moylan moved to DROP CDD 19.

SHOW OF HANDS VOTE: 2-5 Motion failed (Vice Mayor Spitaleri, Mayor Lee, Councilmember’s Swegles, Chu and Hamilton dissented)

MOTION: Councilmember Moylan moved to DROP CDD 20.

SHOW OF HANDS VOTE: 6-1 (Mayor Lee dissented)

MOTION: Councilmember Moylan moved to DROP CDD 21.

SHOW OF HANDS VOTE: 2-5 Motion failed (Councilmember Howe, Vice Mayor Spitaleri, Mayor Lee, Councilmember’s Swegles and Chu dissented)

MOTION: Councilmember Moylan moved to DROP CDD 22.

SHOW OF HANDS VOTE: 7-0

MOTION: Councilmember Moylan moved to DROP CDD 23.

SHOW OF HANDS VOTE: 2-5 Motion failed (Vice Mayor Spitaleri, Mayor Lee, Councilmember’s Swegles, Chu and Hamilton dissented)

MOTION: Councilmember Moylan moved to DROP CDD 26.

SHOW OF HANDS VOTE: 2-5 Motion failed (Vice Mayor Spitaleri, Mayor Lee, Councilmember’s Swegles, Chu and Hamilton dissented)

MOTION: Councilmember Moylan moved to DROP CDD 28.

SHOW OF HANDS VOTE: 7-0

MOTION: Councilmember Moylan moved to DROP CDD 29.

SHOW OF HANDS VOTE: 2-5 Motion failed (Councilmember Howe, Vice Mayor Spitaleri, Mayor Lee, Councilmember’s Swegles and Chu dissented)

MOTION: Councilmember Moylan moved to DROP CDD 32.

SHOW OF HANDS VOTE: 6-1 (Councilmember Howe dissented)

MOTION: Councilmember Moylan moved to DROP CDD 33.

SHOW OF HANDS VOTE: 5-2 (Councilmember’s Howe and Swegles dissented)

MOTION: Councilmember Moylan moved to DROP CDD 34.

SHOW OF HANDS VOTE: 6-1 (Councilmember Swegles dissented)

MOTION: Councilmember Moylan moved to DROP CDD 38.

SHOW OF HANDS VOTE: 5-2 (Vice Mayor Spitaleri and Councilmember Chu dissented)

MOTION: Councilmember Moylan moved to DROP CDD 40.

SHOW OF HANDS VOTE: 2-5 Motion failed (Vice Mayor Spitaleri, Mayor Lee, Councilmember’s Swegles, Chu and Hamilton dissented)

MOTION: Councilmember Moylan moved to DROP CDD 41.

SHOW OF HANDS VOTE: 7-0

MOTION: Councilmember Moylan moved to DROP CDD 42.

SHOW OF HANDS VOTE: 2-5 Motion failed (Vice Mayor Spitaleri, Mayor Lee, Councilmember’s Swegles, Chu and Hamilton dissented)

MOTION: Councilmember Moylan moved to DROP CDD 43.

SHOW OF HANDS VOTE: 2-5 Motion failed (Councilmember Howe, Vice Mayor Spitaleri, Mayor Lee, Councilmember’s Chu and Hamilton dissented)

MOTION: Councilmember Hamilton moved to DEFER CDD 04.

SHOW OF HANDS VOTE: 5-2 (Councilmember Moylan and Mayor Lee dissented)

MOTION: Councilmember Hamilton moved to DROP CDD 06.

SHOW OF HANDS VOTE: 1-6 Motion failed (Councilmember’s Moylan, and Howe, Vice Mayor Spitaleri, Mayor Lee, Councilmember’s Swegles and Chu dissented)

MOTION: Councilmember Hamilton moved to DROP CDD 10.

SHOW OF HANDS VOTE: 5-2 (Vice Mayor Spitaleri and Councilmember Swegles dissented)

MOTION: Councilmember Hamilton moved to DEFER CDD 42.

SHOW OF HANDS VOTE: 7-0

MOTION: Councilmember Hamilton moved to DROP CDD 36.

SHOW OF HANDS VOTE: 4-3 (Councilmember’s Moylan, Swegles and Chu dissented)

MOTION: Councilmember Chu moved to DEFER CDD 17

SHOW OF HANDS VOTE: 3-4 Motion failed (Councilmember Howe, Vice Mayor Spitaleri, Councilmember’s Swegles and Hamilton dissented)

MOTION: Councilmember Chu moved to DEFER CDD 23.

SHOW OF HANDS VOTE: 7-0

MOTION: Councilmember Chu moved to DEFER CDD 26.

SHOW OF HANDS VOTE: 6-1 (Councilmember Hamilton dissented)

MOTION: Councilmember Chu moved to DEFER CDD 27.

SHOW OF HANDS VOTE: 3-4 Motion failed (Councilmember’s Moylan, Howe, Swegles and Hamilton dissented)

MOTION: Councilmember Swegles moved to DEFER CDD 02.

SHOW OF HANDS VOTE: 3-4 Motion failed (Councilmember’s Moylan, Howe, Vice Mayor Spitaleri and Councilmember Chu dissented)

MOTION: Councilmember Swegles moved to DEFER CDD 13.

SHOW OF HANDS VOTE: 2-5 Motion failed (Councilmember Moylan, Vice Mayor Spitaleri, Mayor Lee, Councilmember’s Chu and Hamilton dissented)

MOTION: Councilmember Swegles moved to DEFER CDD 43.

SHOW OF HANDS VOTE: 5-2 (Councilmember Howe and Mayor Lee dissented)

MOTION: Councilmember Swegles moved to DROP CDD 12.

SHOW OF HANDS VOTE: 1-6 Motion failed (Councilmember’s Moylan, Howe, Vice Mayor Spitaleri, Mayor Lee, Councilmember’s Chu and Hamilton dissented)

MOTION: Councilmember Swegles moved to DEFER CDD 18.

SHOW OF HANDS VOTE: 4-3 (Councilmember Moylan, Vice Mayor Spitaleri and Mayor Lee dissented)

MOTION: Councilmember Swegles moved to DROP CDD 45.

SHOW OF HANDS VOTE: 6-1 (Councilmember Moylan dissented)

MOTION: Councilmember Howe moved and Councilmember Swegles seconded to require a work plan for CDD 25.  The language in CDD 25 shall be corrected to reflect this requirement.

SHOW OF HANDS VOTE: 7-0

•Mayor Lee declared a recess at 10:15 a.m. and reconvened at 10:30 a.m.

DEPARTMENT OF EMPLOYMENT DEVELOPMENT

No proposed Study Issues for 2007

DEPARTMENT OF FINANCE

No proposed Study Issues for 2007

HUMAN RESOURCES DEPARTMENT

Erwin Young, Director of Human Resources, presented one Study Issue for the Human Resources Department.

INFORMATION TECHNOLOGY DEPARTMENT

No proposed Study Issues for 2007

LIBRARY

No proposed Study Issues for 2007

DEPARTMENT OF PARKS AND RECREATION

David Lewis, Director of Parks and Recreation, presented eighteen Study Issues for the Department of Parks and Recreation.

MOTION: Councilmember Swegles moved to DEFER DPR 01.

SHOW OF HANDS VOTE: 4-3 (Councilmember Moylan, Vice Mayor Spitaleri and Councilmember Chu dissented)

MOTION: Councilmember Swegles moved to DEFER DPR 03.

SHOW OF HANDS VOTE: 1-6 Motion failed (Councilmember’s Moylan, Howe, Vice Mayor Spitaleri, Mayor Lee, Councilmember’s Chu and Hamilton dissented) 

MOTION: Councilmember Swegles moved to DEFER DPR 05.

SHOW OF HANDS VOTE: 7-0

MOTION: Councilmember Swegles moved to DEFER DPR 06.

SHOW OF HANDS VOTE: 5-2 (Mayor Lee and Councilmember Hamilton dissented)

MOTION: Councilmember Swegles moved to DROP DPR 17.

SHOW OF HANDS VOTE: 7-0

MOTION: Councilmember Swegles moved to DROP DPR 14.

SHOW OF HANDS VOTE: 7-0

MOTION: Councilmember Swegles moved to DROP DPR 15.

SHOW OF HANDS VOTE: 2-5 Motion failed (Councilmember’s Moylan, Howe, Vice Mayor Spitaleri, Mayor Lee and Councilmember Chu dissented)

MOTION: Councilmember Swegles moved to DROP DPR 16.

SHOW OF HANDS VOTE: 6-1 (Mayor Lee dissented)

MOTION: Councilmember Howe moved to DEFER DPR 15.

SHOW OF HANDS VOTE: 7-0

MOTION: Councilmember Chu moved to DROP DPR 03.

SHOW OF HANDS VOTE: 7-0

MOTION: Councilmember Chu moved to DROP DPR 10.

SHOW OF HANDS VOTE: 5-2 (Vice Mayor Spitaleri and Councilmember Swegles dissented)

MOTION: Councilmember Chu moved to combine DPR 11 into DPR 7.

SHOW OF HANDS VOTE: 7-0

MOTION: Councilmember Moylan moved to DROP DPR 08

SHOW OF HANDS VOTE: 1-6 Motion failed (Councilmember Howe, Vice Mayor Spitaleri, Mayor Lee, Councilmember’s Swegles, Chu and Hamilton dissented)

•Mayor Lee declared a lunch break at 12:00 p.m. and reconvened at 1:00 p.m.

DEPARTMENT OF PUBLIC SAFETY

Don Johnson, Director of Public Safety, presented seven Study Issues for the Department of Public Safety.

MOTION: Councilmember Swegles moved to DROP DPS 01.

SHOW OF HANDS VOTE: 7-0

MOTION: Councilmember Swegles moved to DEFER DPS 02.

SHOW OF HANDS VOTE: 7-0

MOTION: Councilmember Swegles moved to DROP DPS 03.

SHOW OF HANDS VOTE: 7-0

MOTION: Councilmember Swegles moved to DEFER DPS 04.

SHOW OF HANDS VOTE: 4-3 (Councilmember Moylan, Mayor Lee and Councilmember Chu dissented)

DEPARTMENT OF PUBLIC WORKS

Marvin Rose, Director of Public Works, presented seventeen Study Issues for the Department of Public Works.

MOTION: Mayor Lee moved to COMBINE DPW 15 into DPW 16.

SHOW OF HANDS VOTE: 5-2 (Councilmember’s Hamilton and Chu dissented)

MOTION: Councilmember Hamilton moved to DEFER DPW 03.

SHOW OF HANDS VOTE: 7-0

MOTION: Councilmember Hamilton moved to DEFER DPW 04.

SHOW OF HANDS VOTE: 6-1 (Mayor Lee dissented)

MOTION: Councilmember Hamilton moved to DEFER DPW 05.

SHOW OF HANDS VOTE: 6-1 (Councilmember Swegles dissented)

MOTION: Councilmember Hamilton moved to DEFER DPW 08.

SHOW OF HANDS VOTE: 7-0

MOTION: Councilmember Hamilton moved to DROP DPW 13.

SHOW OF HANDS VOTE: 4-3 (Councilmember Howe, Vice Mayor Spitaleri, and Mayor Lee dissented)

MOTION: Councilmember Hamilton moved to DROP DPW 14

SHOW OF HANDS VOTE: 4-3 (Councilmember Moylan, Vice Mayor Spitaleri and Mayor Lee dissented)

MOTION: Councilmember Chu moved to DROP DPW 02.

SHOW OF HANDS VOTE: 7-0

MOTION: Councilmember Swegles moved to DEFER DPW 07.

SHOW OF HANDS VOTE: 5-2 (Councilmember’s Chu and Hamilton dissented)

MOTION: Councilmember Swegles moved to DROP DPW 12.

SHOW OF HANDS VOTE: 5-2 (Vice Mayor Spitaleri and Mayor Lee dissented)

MOTION: Councilmember Hamilton moved to DEFER DPW 09.

SHOW OF HANDS VOTE: 7-0

Consideration of Proposed Budget Issues for City Manager’s Recommended FY 2007/08 Budget

City Manager Chan stated Budget Issues have now been combined with the Study Issue process and that in future years the Budget Issues will be at the first part of the agenda (before the Study Issues) in order to assist Council in their ranking decisions.  Staff will identify the consequences involved with completing the Study Issues and the amount of funds that would be available.

City Manager Chan informed Council that the City has four hundred and forty-four million dollars in unfunded projects.  She stated the budget that Council will review in June 2007 will be focused on the Capital Budget component, rather than the Operating Budget.

City Manager Chan stated two budget issues have been proposed for consideration in the FY 2007/2008 Recommended Budget.  She stated that Council will not take action to approve funding; rather Council may refer a budget issue to the City Manager for consideration in the FY 2007/2008 Recommended Budget, drop the issue, or defer the issue to a future process.

Director Lewis presented the staff report for one budget item to restore original service levels for the water features at Braly, Serra, and Las Palmas Parks.  The increase in operating costs for this service would be approximately $25,000 annually.

Councilmember Swegles verified that Braly and Las Palmas parks would have service restored year-round and the Serra Park water features would operate April through September.

Director Rose, presented the staff report for one budget item to fund the Lawrence Expressway/Wildwood Avenue Roadway Realignment Project to expedite construction.  The funding estimate for this project is approximately $4.2 million dollars.

Councilmember Howe inquired as to what might be possible sources of funding for this project.  Director Rose stated Gas Tax funds or General Funds are eligible funding sources along with possible grant funding.

Mayor Lee verified with City Manager Chan that if Council wishes to have these items considered in the upcoming budget, no Council action is required.

No Council action was taken; therefore, both items will be considered in the City Manager’s proposed budget for 2007/2008.

•Mayor Lee declared a recess at 2:00 p.m. and reconvened at 2:05 p.m.

Study Issues - Tie Breaker Process

City Manager Chan stated three departments have ties that will need to be re-voted on.

OFFICE OF THE CITY MANAGER

OCM: Tie between OCM 01 and OCM 04

Council voted on:  Should OCM 01 be ranked above OCM 04.

VOTE: 4-3 (Councilmember’s Howe, Swegles and Chu dissented)

Ranking Order shall now be:  OCM 01 – Ranked No. 1

                                                 OCM 04 – Ranked No. 2

COMMUNITY DEVELOPMENT DEPARTMENT

CDD: Tie between CDD 02 and CDD 12

Council voted on:  Should CDD 02 should be ranked above CDD 12.

VOTE: 5-2 (Councilmember Howe and Mayor Lee dissented)

Ranking Order shall now be:  CDD 02 – Ranked No. 10

                                                 CDD 12 – Ranked No. 11

DEPARTMENT OF PARKS AND RECREATION

DPR: Tie between DPR 07 and DPR 09

Council voted on:  Should DPR 07 be ranked above DPR 09.

VOTE: 5-2 (Councilmember’s Moylan and Howe dissented)

Ranking Order shall now be:  DPR 07 – Ranked No. 02

                                                 DPR 09 – Ranked No. 03

Review of Draft 2007 Tentative Council Meeting Agenda Calendar

City Manager Chan reviewed the First Draft of the Proposed 2007 Tentative Council Meeting Agenda Calendar and asked Council to notify her office of any known conflicts with Councilmember’s schedules.  She stated that the 2007 Calendar will return to Council on January 30, 2007 for further consideration and approval. 

Councilmember Chu confirmed with City Manager Chan that the Public Hearing for the Budget will be held on June 5, 2007 and will be added to the tentative calendar.

Councilmember Swegles asked David Kahn, City Attorney, if he could provide comments for the January 9 Council meeting as he will not be able to attend.  City Attorney Kahn verified that he would be able to provide comments, but that he would not be counted as in attendance at that Council meeting.

Mayor Lee requested to hold the State of the City address on the 4^th of July as done in previous years.

Councilmember Hamilton announced a conflict with Monday night meetings and asked that the Board and Commission interviews be moved to Thursday evenings.

Councilmember Chu stated a meeting gap occurs between October 23 and November 19, 2007.  He suggested adding a Council meeting on October 30, 2007 and possibly eliminate a different meeting date in October.

Councilmember Moylan identified that if the June Board and Commission interviews are moved to Thursdays, one interview date would occur on June 14, 2007.  He stated he has a conflict with this date and would like the interviews to start after 6 p.m.

Councilmember Hamilton requested the Office of the City Clerk conduct a poll in April 2007 among the Councilmembers as to their availability for the Board and Commission interviews in June 2007.  She stated she may be able to make Monday night interviews and will know more in April.

Councilmember Chu stated he has a conflict on Thursday, June 7, 2006 and would not be able to attend any Board and Commission interviews that day.

Mayor Lee asked staff to review and set the Board and Commission interview dates with Council in March or April, 2007.

Legislative Action Priorities and Legislative Action Positions

Coryn Campbell, Assistant to the City Manager, stated there is not a staff report for the Legislative Advocacy positions; however, she is available to answer any questions.

Councilmember Moylan inquired as to if the advocacy positions could be limited to only those which directly affect the City.  Yvette Agredano, Intergovernmental Relations Officer, stated this may be possible next year as staff will be looking at consolidating the list at that time.

Councilmember Howe proposed that Legislative Advocacy Positions on Ballot Measures be reviewed by the Mayor and Vice-Mayor prior to coming before Council (for a one-year trial).  He stated that only the items with direct impact on the City should come before the Council. 

Councilmember Howe requested the Ballot Measures be moved from the October 23 Council meeting to early October or late September.  City Manager Chan stated this is a policy change and should be in the form of a motion.

MOTION: Councilmember Howe moved and Councilmember Moylan seconded to:

1. Move the review of the 2007 ballot measures to late September or early October;
2. Consider only ballot measures and other legislative items that directly impact the City;
3. The Mayor and Vice Mayor assist staff with the selection of the ballot measures and other legislative items, and
4. This process shall occur for a one-year pilot program.  After this trial, if no other action is taken by the Council, the process will revert back to the previous process. 

Mayor Lee stated the review should be moved from October 23 to late September, not into October.  He requested this item come before the Mayor and Vice Mayor at least two weeks prior to the date that it is put on the agenda.

Councilmember Swegles stated that this proposed policy change leaves room for interpretation by staff; therefore, he would like Council to have the ability to bring forward any ballot measure position they view as important to the City for Council consideration.  Councilmember’s Howe and Moylan agreed.

SHOW OF HANDS VOTE: 7-0

City Manager Chan brought to Council’s attention that the certification of the 2007 election results has been moved to December 2007.  The Certification of the Election; Selection of Mayor and Vice Mayor; the Swearing-In of the New Councilmembers, and Seating Selection will all occur at the December 11, 2007 Council Meeting.

Councilmember Hamilton asked if this would be a permanent change (to December) for all of these items in a non-election year.

City Manager Chan stated there is a schedule conflict with the City’s Charter for these items and the certification of the election results from the County.

City Attorney Kahn stated if the Charter is not changed, then in non-election years, the S