SunnyvaleRTC

APPROVED MINUTES
SUNNYVALE CITY COUNCIL

Tuesday, June 13, 2006

The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Study Session pertaining to: Joint Study Session with the Housing and Human Services Commission and 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 salute to the flag.

ROLL CALL

PRESENT:

Mayor Ron Swegles

Vice Mayor Otto Lee

Councilmember Dean J. Chu

Councilmember Melinda Hamilton

Councilmember Anthony Spitaleri

Councilmember Christopher Moylan

ABSENT:

Councilmember John Howe (excused)

STAFF PRESENT:

Amy Chan, City Manager

Robert Walker, Assistant City Manager

David Kahn, City Attorney

Robert Paternoster, Director of Community Development

Erwin Young, Director of Human Resources

Marvin Rose, Director of Public Works

Grace Kim, Finance Manager, Budget

Mary Bradley, Finance Director

Dayton Pang, Public Safety Captain

Elaine Wesely, Finance Manager, Purchasing

Katherine Bradshaw Chappelear, City Clerk

CLOSED SESSION REPORT

Vice Mayor Lee reported that Council met in Closed Session on May 30, 2006 (after the regularly scheduled Council Meeting), and on June 12, 2006 related to: Confer with Legal Counsel – Anticipated Litigation – Pursuant to Government Code Section 54956.9(c); Initiation of Litigation: 1 potential case.

Vice Mayor Lee stated that direction was given, but no action taken.

PUBLIC ANNOUNCEMENTS

Mayor Swegles opened Public Announcements.

Councilmember Hamilton read her response to an article in the San Jose Mercury Newspaper entitled “City to Revisit Election Process”.

Mike Johnson announced the Murphy Avenue Summer Concert Series will be held on Wednesdays starting June 21 and continuing through August 23, 2006.

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

CONSENT CALENDAR

Vice Mayor Lee removed Item 1.H. from the Consent Calendar.

Councilmember Chu removed Item 1.P. from the Consent Calendar.

Councilmember Hamilton removed Item 1.Q. from the Consent Calendar.

MOTION: Vice Mayor Lee moved and Councilmember Chu seconded to approve the Consent Calendar Items 1.A. through 1.R. (with the exceptions of Items 1.H., 1.P., and 1.Q.).

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

1.A.		Approval of Draft Minutes of Council Budget Workshop and Public Hearing of May 23, 2006

1.B.		Approval of Draft Minutes of Regular Meeting of May 30, 2006

1.C.		Approval of Draft Minutes of Special Meeting of June 1, 2006

1.D.		Approval of Draft Minutes of Special Meeting of June 7, 2006

1.E.		Approval of Information/Action Items – Council Directions to Staff

Fiscal Items

1.F	RTC 06-190	List of Claims and Bills Approved for Payment by the City Manager (List No. 301 and 302)
	Staff Recommendation: Council reviews list of bills
1.G	RTC 06-163	Fiscal Year 2005/2006 Department of Employment Development Expenditure and Revenue Update and Budget Modification No. 26
	Staff Recommendation: Alternative No. 1: Council approves Budget Modification No. 26.

Personnel

1.H.	RTC 06-196	Military Reservist – Extension of Benefits and Supplementary Salary Amendment
	Erwin Young, Director of Human Resources stated he was present to answer questions. Vice Mayor Lee verified there will not be any additional fiscal impact to the City of Sunnyvale. Mayor Swegles opened the Public Hearing. No one wished to speak and Mayor Swegles closed the Public Hearing. MOTION: Vice Mayor Lee moved and Councilmember Chu seconded to approve Alternative No. 1: Council adopts a Resolution to extend benefits and supplemental salary through June 30, 2007. Funds the extension by carrying over the remaining FY 05/06 Military Reservist Leave Budget estimated at $298,776 to FY 06/07 budget. Unspent funds will be returned to the Employee Benefits Fund and General Fund at the end of FY 06/07. VOTE: Motion carried: 6-0 (Councilmember Howe absent)
1.I.	RTC 06-191	Employee Assistance Program Contract Renewal 2006/2007
	Staff Recommendation: Alternative No.1: Council renews the MHN contract through participation in the CPEIA pool with a decrease in the monthly rate and enhanced benefits, effective July 1, 2006.
1.J.	RTC 06-183	Amendment of City’s Contribution for PERS Medical Insurance for SEIU Members
	Staff Recommendation: Alternative No.1: Council adopts the resolution amending the City’s contribution for medical insurance with PERS to conform to the Public Employees’ Medical and Hospital Care Act, and to amend the Salary Resolution to reflect the change in contribution from $248.92 to $259.01, effective January 1, 2006.
1.K.	RTC 06-197	Community Development Department: Change Classification Title of Senior Management Analyst Subclass Housing Program to Affordable Housing Manager
	Staff Recommendation: Alternative No.1: Council adopts a resolution to amend the Classification Plan and Salary Resolution to include a new class specification title of Affordable Housing Manager.

Contracts

1.L.	RTC 06-180	Renewal of Contract for Juvenile Probation Services
	Staff Recommendation: Alternative No. 1: Council authorizes the City Manager to sign the Agreement with the County of Santa Clara for Probation Services, to provide a Deputy Juvenile Probation Officer exclusively for Sunnyvale youth for 2006-2009.
1.M.	RTC 06-189	Amendment to the Animal Services Shelter Agreement with the Humane Society of Silicon Valley
	Staff Recommendation: Alternative No. 1: Council approves a one-year extension to the Animal Services Agreement with the Humane Society Silicon Valley to provide animal sheltering services.
1.N.	RTC 06-179	Award of Contract for Maintenance of the City’s Radio Communication Systems (F0404-91)
	Staff Recommendation: Council awards a one-year contract, in substantially the same form as the attached draft and in an amount not to exceed $177,366, to Motorola, Inc., for the maintenance of the City's radio communications systems.
1.O.	RTC 06-184	Award of Contract to Conduct an Engineering Assessment of the Performance of Two Engines in the City’s Power Generation Facility at the Water Pollution Control Plant (F0505-90)
	Staff Recommendation: Council awards a contract, in substantially the same form as the attached draft and in an amount not to exceed $95,899, to Advanced Engine Technologies Corporation (AETC) for engine mapping and assessment of engine performance under varying loads and conditions for the two engines in the Power Generation Facility at the Water Pollution Control Plant.

Other Items

1.P.	RTC-06-195	Adopt Resolution to Authorize the Filing of an Additional Fiscal Year 2006/07 Transportation Development Act Article 3 Application for Hendy Avenue/Caltrain Access and Frances Street Transit Center Projects
	Marvin Rose, Director of Public Works stated he was available to answer questions. Councilmember Chu stated adoption of this resolution is the next step in providing access to Hendy Avenue. Director Rose confirmed this resolution is the authorization to accept the funding for this project, and the next step is for staff to complete the design of the access (estimated by end of June 2006), and then take the design to Caltrain with construction to begin in six months or less. Mayor Swegles opened the Public Hearing. David Whittum stated his support and thanked Council for their support. No one else wished to speak and Mayor Swegles closed the Public Hearing. MOTION: Councilmember Chu moved and Councilmember Hamilton seconded to approve Alternative No. 1: Council adopts the attached resolution authorizing the filing of an additional project application with the VTA and MTC for allocation of Transportation Development Act funds for FY 2006/07 in the amount of $139,997 for Hendy Avenue/Sunnyvale Caltrain and Frances Street Transit Center projects. VOTE: Motion carried: 6-0 (Councilmember Howe absent).
1.Q.	RTC 06-181 (pdf)	Councilmember Melinda Hamilton’s Request for Maternity Leave
	Councilmember Hamilton recused herself and left the Council Chambers since this item (if approved) has a direct financial benefit to her. Mayor Swegles opened the Public Hearing. No one wished to speak and Mayor Swegles closed the Public Hearing. MOTION: Councilmember Chu moved and Vice Mayor Lee seconded to approve Item 1.Q. VOTE: Motion carried 5-0 (Councilmember Hamilton recused and Councilmember Howe absent). Councilmember Hamitlon returned to the dais.
1.R.	RTC-06-201	Amendment of Agreement for Program Management Services Between the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) and Eisenberg, Olivieri, and Associates (EOA Inc.)
	Staff recommendation: Alternative No.1: Council approves an extension of the contract with the program management contractor, EOA, Inc.

STAFF RESPONSES TO PRIOR PUBLIC COMMENTS

None

PUBLIC COMMENTS

Councilmember Spitaleri announced that the 2006 State of the City will be held on July 4, 2006 from 11 a.m. to 2 p.m. at Washington Park, 840 West Washington Avenue. Cost for the barbecue lunch is $4.00.

Mayor Swegles opened Public Comments.

Peter Cirigliano stated his disappointment that the Downtown Development has not moved forward. He spoke against the developer, but praised the City for their efforts.

Jordan Dancer, United Way Silicon Valley and 211 Santa Clara County, stated United Way America is the leader for the 211 nationwide initiatives. 211 Santa Clara County service will be launched in February 2007.

Tap Merrick stated that Council passed a motion (approximately a year ago) to allow citizens a no-fee permit to cut down up to 100 trees per year. Now that the year has passed, he would like to know exactly how many trees were cut down.

Mr. Merrick stated that the water department (approximately a year ago) distributed a message to residents to clean up Liquidambar balls on sidewalks. He stated the trees typically drop their balls in the spring and to date another message has not been distributed. Therefore, he suggested that the next water billing include a reminder to residents regarding the need to remove Liquidambar balls from their sidewalks.

Mr. Merrick suggested the City obtain obsolete police cars to park on various streets (moved periodically) as a cost-effective effort to deter speeding.

Mr. Merrick asked to receive information on which schools receive Parks and Recreation Department support for field maintenance, and also what the renovation costs have been for different school sites. He stated he is aware that Cupertino Junior High was extensively renovated in the late 1980’s at the City’s expense. Councilmember Hamilton asked staff if the City has an agreement with Cupertino Junior High, and if the City paid for part of the field renovation at Cupertino Junior High. Robert Walker, Assistant City Manager, stated the City does have an agreement with the Cupertino School District and that the City did pay for part of the renovation.

City Manager Chan stated that staff can supply Council with a cost-benefit analysis for that action. Mr. Merrick stated he was not looking for a cost-benefit analysis, because he views the cost as justified, rather he is requesting information on what the actual costs were for school field renovations.

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

PUBLIC HEARINGS/GENERAL BUSINESS

RTC 06-193

Board and Commission Appointments – 2006 Spring Recruitment

Mayor Swegles announced that voting will occur by hand vote on this item (RTC 06-193) due to the large number of items on the agenda.

Councilmember Moylan requested that a Report to Council (RTC) be submitted to Council before the next recruiting period to review the addition of an eligibility requirement stating that a board/commission member must finish their term before they are eligible to apply for another board/commission. He stated he would like to see this issue corrected before the fall recruitment. City Manager Chan stated that the request must be added to an agenda and Councilmember Moylan asked that the item be added to an upcoming agenda.

MOTION: Councilmember Hamilton moved and Vice Mayor Lee seconded to approve Alternative Nos. 1 and 2:

Alternative No. 1: Council confirms appointments from the candidates listed in this report, specifying the terms for each candidate for the Board/Commission that have multiple seats and terms
Alternative No. 2: Council directs staff to include the remaining vacancies in the 2006 Fall Recruitment.

Councilmember Chu offered a friendly amendment to consider appointments to the Boards and Commissions in the following order: Bicycle and Pedestrian Advisory Committee; Planning Commission; Parks and Recreation Commission; Board of Building Code Appeals; with remaining appointments considered in alphabetical order by name of Board/Commission. Friendly amendment accepted.

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

Katherine Chappelear, City Clerk, confirmed with Council that they wanted to fill the longest terms first.

Bicycle and Pedestrian Advisory Committee

Four vacancies on the Bicycle and Pedestrian Advisory Committee were identified and all are four-year terms, expiring June 30, 2010.

Council voted as follows:

Thomas Granvold

VOTE: 3-3 (Councilmembers Spitaleri, Hamilton, and Chu abstained, Councilmember Howe absent)

Jeremy Hubble

VOTE: 2-4 (Councilmembers Spitaleri and Chu, Vice Mayor Lee and Mayor Swegles abstained, Councilmember Howe absent).

Kevin Jackson

VOTE: 6-0 (Councilmember Howe absent)

Jim Lauth

VOTE: 1-5 (Councilmembers Moylan, Spitaleri and Hamilton, Vice Mayor Lee, and Mayor Swegles abstained, Councilmember Howe absent).

James Manitakos, Jr.

VOTE: 3-3 (Councilmembers Hamilton and Chu, and Mayor Swegles abstained, Councilmember Howe absent).

John “Thomas” Mayer

VOTE: 6-0 (Councilmember Howe absent).

Richard Ober

VOTE: 1-5 (Councilmembers Moylan, Spitaleri, and Chu, and Mayor Swegles abstained, Councilmember Howe absent).

Shawn Storm

VOTE: 3-3 (Councilmembers Spitaleri and Hamilton and Mayor Swegles abstained, Councilmember Howe absent).

Richard Warner

VOTE: 6-0 (Councilmember Howe absent)

City Clerk Chappelear confirmed that a tie existed among Mr. Granvold, Mr. Manitakos, Jr. and Mr. Storm; therefore, Council needed to vote on those three candidates again.

Thomas Granvold

VOTE: 2-4 (Councilmembers Spitaleri, Hamilton, Chu, and Moylan abstained, Councilmember Howe absent).

James Manitakos, Jr.

VOTE: 3-3 (Councilmember Chu, Vice Mayor Lee, and Mayor Swegles abstained, Councilmember Howe absent).

Shawn Storm

VOTE: 2-4 (Councilmembers Spitaleri, Hamilton and Moylan, and Mayor Swegles abstained, Councilmember Howe absent).

City Clerk Chappelear confirmed the following appointments to the Bicycle and Pedestrian Advisory Committee:

Kevin Jackson (term expires 2010)

James Manitakos, Jr. (term expires 2010)

John “Thomas” Mayer (term expires 2010)

Richard Warner (term expires 2010)

Planning Commission

Three vacancies on the Planning Commission were identified: two four-year terms expiring June 30, 2010 and one unexpired term ending June 30, 2007.

Council voted as follows:

Thomas Flaherty

VOTE: 2-4 (Councilmembers Spitaleri, Chu, and Moylan and Mayor Swegles abstained, Councilmember Howe absent).

Darab Ghaffary

VOTE: 5-1 (Councilmember Moylan abstained, Councilmember Howe absent).

Andrew Gonzales

VOTE: 0-6 (Councilmembers Spitaleri, Hamilton, Chu, and Moylan, Vice Mayor Lee, and Mayor Swegles abstained, Councilmember Howe absent).

Jeremy Hubble

VOTE: 2-4 (Councilmembers Spitaleri, Hamilton, and Chu and Mayor Swegles abstained, Councilmember Howe absent).

Larry Klein

VOTE: 6-0 (Councilmember Howe absent).

David Lee

VOTE: 2-4 (Councilmembers Spitaleri, Hamilton and Moylan and Mayor Swegles abstained, Councilmember Howe absent).

Patrick Meyering

VOTE: 1-5 (Councilmember Spitaleri, Hamilton, Chu, and Moylan and Mayor Swegles abstained, Councilmember Howe absent).

Harriet Rowe

VOTE: 5-1 (Vice Mayor Lee abstained, Councilmember Howe absent).

Nancy Smith

VOTE: 0-6 (Councilmembers Spitaleri, Hamilton, Chu, and Moylan, Vice Mayor Lee, and Mayor Swegles abstained, Councilmember Howe absent).

Patrick Walz

VOTE: 0-6 (Councilmembers Spitaleri, Hamilton, Chu, and Moylan, Vice Mayor Lee, and Mayor Swegles abstained, Councilmember Howe absent).

City Clerk Chappelear confirmed the following appointment to the Planning Commission:

Larry Klein (term expires 2010)

City Clerk Chappelear confirmed that a tie existed between Harriet Rowe and Darab Ghaffary; therefore, Council needed to vote on