The City Council of the City of Sunnyvale adjourned from a 5:00 p.m. Closed Session pertaining to: Threats to Security of Public Services or Facilities Pursuant to Government Code Section 54957, Consultation with Don Johnson, Director of Public Safety, Sunnyvale Department of Public Safety and met in Regular Session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:00 p.m. and met in Closed Session at 8:20 p.m. pertaining to: Conference with City’s real property negotiators pursuant to Government Code Section 54956.8 to review price and terms of payment for City property located at Capella Way, Aries, Frances and Taaffe Streets, Sunnyvale, California.  The City’s real property negotiator is Amy Chan, City Manager and Confer with Legal Counsel – Anticipated Litigation – Pursuant to Government Code Section 54956.9(c); Initiation of Litigation: 1 potential case – Fourth Quarter Properties with Mayor Swegles presiding.

PRESENT:

Mayor Ron Swegles

Vice Mayor Otto Lee

Councilmember John Howe

Councilmember Dean J. Chu

Councilmember Melinda Hamilton

Councilmember Anthony Spitaleri

Councilmember Christopher Moylan

ABSENT:

None

STAFF PRESENT:

Amy Chan, City Manager

David Kahn, City Attorney

Trudi Ryan, Planning Officer

Elaine Wesely, Finance Manager – Purchasing

Larry Iaquinto, Superintendent of Building Maintenance

Romie Georgia, Management Analyst

Coryn Campbell, Assistant to the City Manager

Pete Gonda, Senior Management Analyst

Mary Bradley, Director of Finance

Susan Denniston, Administrative Librarian

Deborah Barrow, Director of Libraries

Shawn Hernandez, Director of Information Technology

Marilyn Crane, Manager of Information Technologies

Katherine Bradshaw Chappelear, City Clerk

Vice Mayor Lee reported that the City Council met this evening in Closed Session related to: Threats to Security of Public Services or Facilities Pursuant to Government Code Section 54957, Consultation with Don Johnson, Director of Public Safety, Sunnyvale Department of Public Safety

Vice Mayor Lee reported that no direction was given and no action was taken.

1.A.

Approval of Information/Action Items – Council Directions to Staff

1.B

RTC 06-246

List of Claims and Bills Approved for Payment by the City Manager (List No. 308)

Staff Recommendation:  Council reviews list of bills.

1.C.

RTC 06-244

Award of Contract for Carpet Tiles to Replace the Existing Carpet at Public Safety Headquarters (F0505-86) and Approval of Budget Modification No. 4

Elaine Wesely, Finance Manager – Purchasing, and Larry Iaquinto, Superintendent of Building Maintenance, were present and available to answer questions.

Councilmember Howe inquired about the cost of the carpet tiles.  Superintentendent Iaquinto stated that carpet tiles are more expensive than residential carpet.  The carpet consists of 24 x 24 inch square carpet tiles.  Carpet tiles are easier to maintain because worn or damaged sections can be removed and replaced without replacing the entire carpet. 

Councilmember Howe verified that there is a error in the staff report (page 1) regarding the  amount of carpet tiles needed.  The report stated 3,000 square feet and the correct amount is 3,000 square yards (27,000 square feet).

Councilmember Howe asked what the approximate cost will be for installation and Superintendent Iaquinto stated the cost could range from $30,000 to $60,000 depending on different factors.  Councilmember Howe verified the total cost of the project would be approximately $110,000 to $140,000.

Councilmember Howe verified that the bid is exempt from the competitive bidding process since the carpet is being purchased under a statewide contract.  Manager Wesely stated the current pricing on the carpet is the same as 1998 pricing.

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

MOTION: Councilmember Howe moved and Councilmember Hamilton seconded to: Award a contract, in substantially the same form as the attached draft Purchase Order and in an amount not to exceed $84,800, to Shaw Industries, Inc., for the purchase of replacement carpet tiles for Public Safety Headquarters; and Approve Budget Modification No. 4.

with modification to staff report and draft Purchase Order to read 3,000 square yards of carpet instead of 3,000 square feet of carpet.

VOTE: 7-0

1.D.

RTC 06-247

Award of Request for Proposals No. F0502-55 to Conduct an Optimum Staffing Study for the Information Technology Department and Budget Modification No. 5

Staff Recommendation: Award a contract, in substantially the same form as the attached draft and in an amount not to exceed $120,760, to Pacific Technologies, Inc., to conduct an optimum staffing study of the Information Technology Department and Approve Budget Modification No. 5.

1.E.

RTC 06-250

Authorization to Extend an Existing Contract for Third Party Administration  Services for Workers’ Compensation Claims (F0506-102)

Staff Recommendation: Council authorizes a one-year extension of an existing contract with Gregory B. Bragg & Associates, in substantially the same form as the attached Agreement Amendment and in an amount not to exceed $250,504 during the extension period, for third party workers' compensation claim administration services.

1.F.

Adoption of Work Plan for Update of Community Participation Sub-Element (Study Issue)

Coryn Campbell, Assistant to the City Manager, and Romie Georgia, Management Analyst, were present and available to answer questions.

Councilmember Hamilton inquired as to why the Planning Commission was asked to review the draft of the final document instead of another board or commission.  Analyst Georgia stated the Planning Commission reviews all sub-elements to the General Plan and Trudi Ryan, Planning Officer, verified that the Planning Commission reviews any document associated with the General Plan.

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

MOTION: Councilmember Hamilton moved and Councilmember Chu seconded to approve Alternative No. 1: Council adopts Work Plan for update of the Community Participation Sub-Element as submitted.

VOTE: 7-0

1.G.

Resolution Authorizing Destruction of Certain Documents Pertaining to Police and Fire General File Records, Criminal Offender Records Information Logs, Arrest Logs, Applicant License and Permit Files, Subpoena Documentation, Citations Files, and Court Case Complaint Records Eligible for Destruction

Staff Recommendation:  Alternative No. 1: Council approves resolution for destruction of specified records from the Department of Public Safety.

1.H.

Approval of Final Map (Tract No. 9787, Danbury Place IV) - 43 Unit Townhomes at the Southwest Corner of Tasman Drive and Karlstad Drive by Pulte Home Corporation

Barbara Keegan, Assistant Director to Public Works/City Engineer, was present and available for questions.

Mayor Swegles asked if these forty-three townhomes are the last of this project.  Officer Ryan stated this is last approved subdivision for this particular developer, but not the last residential project in that area.  Amy Chan, City Manager, stated there are four different developers for that corridor (between Tasman and Fair Oaks) and staff can supply Council (via a Friday Report) the total number of housing units planned for that area.  Councilmember Howe asked that the Friday Report also include the number of housing units Citywide that were approved from 2000 to present.  City Manager stated she will provide specific data for the area of Tasman and Fair Oaks and will also include citywide information in the Friday Report.

Mayor Swegles opened the Public Hearing. 

Harriet Rowe requested that the news release and housing report be corrected.   Planning Officer Ryan stated the Private Council Housing Report is published annually and they are willing to work with the City to review data and correct future reports, but this is not an official report.  City Manager Chan stated the Mayor wrote a letter requesting corrections to the report, and staff is also working with this group to correct  the City’s information on their website.

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

MOTION: Councilmember Howe moved and Vice Mayor Lee seconded to approve the Final Map for Tract No. 9787 and direct staff to forward the final map for recordation upon developer's execution of the subdivision agreement, submittal of improvement securities, payment of development fees and other documents deemed necessary by the Director of Public Works.

VOTE: 7-0.

2.

EMERGENCY ORDINANCE &

ORDINANCE

RTC 06-252

Adoption of Emergency Ordinance and Introduction of Ordinance amending Chapter 3.12 of the Sunnyvale Municipal Code regarding the Utility Users Tax for Intrastate Telephone Communications Services

Pete Gonda, Senior Management Analyst, presented the staff report.

Mayor Swegles opened the Public Hearing at 7:30 p.m.  No one wished to speak and Mayor Swegles closed the Public Hearing at 7:31.p.m.

MOTION: Councilmember Moylan moved and Councilmember Chu seconded to approve Alternative No. 1: Adopt the emergency ordinance and introduce the non-emergency ordinance amending Chapter 3.12 of the Sunnyvale Municipal Code.

Katherine Bradshaw Chappelear, City Clerk, read the emergency ordinance and non-emergency ordinance into the record.

Councilmember Moylan stated that an emergency ordinance requires five affirmative votes to pass.

VOTE: 7-0

3.

RTC 06-212

Status of Internet Access Service Delivery at the Library – Study Issue

Susan Denniston, Administrative Librarian, presented the staff report.

Councilmember Moylan verified that staff has not identified any deficiencies and the current service level is meeting the public’s needs at the Library.  Librarian Denniston stated that staff continues to work on obtaining wireless service and updating their systems with new technologies. 

Mayor Swegles opened the Public Hearing at 7:37 p.m.  No one wished to speak and Mayor Swegles closed the Public Hearing at 7:38 p.m.

MOTION: Councilmember Howe moved and Councilmember Chu seconded to approve Alternative No. 1: Council accepts the Study Issue Report on the status of Internet access service delivery at the Library and Council takes no further action.

VOTE: 7-0

4.

Webcasting City Meetings - Study Issue

Shawn Hernandez, Director of Information Technology, presented the staff report.

Councilmember Hamilton asked how the City can meet the needs of residents who are using different computer operating systems.  Director Hernandez stated the RFP specifications will state that a wide range of new and older operating systems will need access to the meetings via webcasting, and that accessibility is to be included in the bids.

Councilmember Hamilton asked that the request for proposal does not reflect using Windows Media Player as the operating platform, since Microsoft is no longer supporting that system.

Councilmember Hamilton asked if the City could archive the meetings for more than a year instead of paying the vendor to archive them for the City.  Director Hernandez stated he was not certain that would be possible without a substantial upgrading to the City’s infrastructure.  It is something that could be considered along with other alternatives.

Councilmember Hamilton verified that staff will be talking to Comcast about “Video on Demand” in their negotiations.

Mayor Swegles opened the Public Hearing at 7:47 p.m.  No one wished to speak and Mayor Swegles closed the Public Hearing at 7:48 p.m.

MOTION: Councilmember Hamilton moved and Vice Mayor Lee seconded to approve Alternative Nos. 1 and 3:  Direct staff to prepare a Request for Proposal and Budget Modification to procure a vendor-hosted solution to webcast City meetings

and Direct staff to work with Comcast during the current Franchise Agreement negotiations to include webcasting City meetings in their Video-on-Demand catalog.

with the following additions:  Request for Proposal (RFP) to require vendors to provide webcasting in a variety of formats to reach the largest number of residents (compatible with as many operating systems as possible including older computer platforms) and require vendors to provide ADA accessibility and to consider a mechanism to provide archiving for more than one year.

Councilmember Chu offered a friendly amendment to provide webcasting for Council meetings and Planning Commission meetings (at the minimum) and other meetings to be added if possible.  Friendly amendment was accepted, and Councilmember Hamilton added the webcasting of Council candidate forums that take place in Council Chambers.   

Mayor Swegles disagreed with archiving meetings more than one year due to the expense.  Director Hernandez stated the expense would be significant for the City to upgrade the infrastructure to accommodate archiving of the webcasts.  He stated that archiving the meeting for a year was included at no cost with most vendors.

City Manager Chan stated Council will not have to decide on how long to archive the meetings and/or the cost at this point.  She stated the RFP and policy will come back to Council for review.  The motion can include exploring the cost for the City to archive for a year or longer, and staff can include that information when they return to Council with the RFP and proposed policy.

Mayor Swegles and Councilmember Hamilton agreed to have staff include the cost to have the City archive the meetings (instead of the vendor) when the RFP returns to Council for consideration.

Councilmember Howe verified that the vendors had not been selected at this time. 

VOTE: 7-0

5.

Wireless Services at City Hall and the Library - Study Issue

Marilyn Crane, Manager of Information Technologies, presented the staff report.

Vice Mayor Lee verified that if this service were approved tonight, it could take up to two months to implement. 

Councilmember Chu asked if a patron of the Library could pay a subscription fee to the Library to have a secure site while using the Internet.  Manager Crane stated that would be possible. 

Mayor Swegles inquired as to who is currently providing service to the Library.  Manager Crane stated the only service available at the Library is through the City’s network - Internal Service Provider (ISP).

Mayor Swegles opened the Public Hearing at 8:05 p.m.  No one wished to speak and Mayor Swegles closed the Public Hearing at 8:06 p.m.

MOTION: Councilmember Hamilton moved and Vice Mayor Lee seconded to approve Alternative No.1: Council directs staff to work with MetroFi, Inc. to provide free wireless services at the Library and City Hall.

Councilmember Howe offered a friendly amendment to direct staff to prepare a report to Council (two years after implementation) on the effectiveness of the wireless service and if it is not an effective solution, other alternatives to be researched and pursued. 

Friendly amendment accepted.

VOTE: 7-0

COUNCIL:

None

STAFF:

None

• Tentative Council Meeting Agenda Calendar

• Draft Minutes of the Board of Library Trustees Meeting of July 10, 2006

• RTC 06-248  Opportunity for Council to Appeal Decision of the Planning Commission of
July 10, 2006 and the Administrative Hearing of July 12, 2006

• RTC 06-228 Informational Report – Vacancy and Rent Survey

• Study Session Summary – Update of Fiscal Sub-Element – July 18, 2006