APPROVED MINUTES

SUNNYVALE CITY COUNCIL  

OCTOBER 10, 2006

 

The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Closed Session pertaining to: Study Issue: Public Awareness of Ethics Guidelines and met in Regular Session at 7:00 p.m. in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California with Mayor Swegles presiding.

 

SALUTE TO THE FLAG

 

Mayor Swegles led the Salute to the Flag

 

ROLL CALL

 

PRESENT:

Mayor Ron Swegles

Vice Mayor Otto Lee

Councilmember John Howe

Councilmember Dean J. Chu

Councilmember Anthony Spitaleri

Councilmember Christopher Moylan

 

ABSENT:

Councilmember Melinda Hamilton (Excused)

 

STAFF PRESENT:

Amy Chan, City Manager

Robert Walker, Assistant City Manager

David Kahn, City Attorney

Robert Paternoster, Director of Community Development

Curtis Black, Superintendent of Parks

David Lewis, Director of Parks

Patricia Lord, Community Resources Manager

Coryn Campbell, Assistant to the City Manager

Katherine Bradshaw Chappelear, City Clerk

 

SPECIAL ORDERS OF THE DAY

 

Mayor Swegles announced that the Department of Public Safety sends a twenty-member Special Weapons Attack Team (SWAT) to participate in a two-day “Best of the West” competition sponsored by Santa Clara County Sheriff’s Department.  Sheriff Laurie Smith joined Mayor Swegles at the podium and explained that the competition has grown to the largest SWAT competition in the Western United States.  Mayor Swegles noted that the City of Sunnyvale’s SWAT team took top honors as first place overall.  He stated the City’s SWAT team has competed twelve times and took first place overall seven out of twelve times.   A Certificate of Congratulations was presented to Deputy Chief Mark Stivers.

 

Mayor Swegles invited Sunnyvale resident, Bobbie Smirni, founder of New Frontiers in Prevention of Breast Cancer, to join him at the podium.  He stated October is National Breast Cancer Month and on Saturday, October 14 a Breast Cancer Awareness program will be held at the Farana Center, Church of the Resurrection, located at 1395 Hollenbeck.  Mayor Swegles presented Ms. Smirni, with a proclamation declaring October 2006 as Breast Cancer Awareness Month in Sunnyvale.

 

CLOSED SESSION REPORT

 

Agency Vice Chair Lee reported that the Redevelopment Agency met in Closed Session on October 3, 2006 regarding:  Confer with Legal Counsel – Anticipated Litigation – Pursuant to Government Code Section 54956.9(c); Initiation of Litigation: 1 potential case – Fourth Quarter Properties.

 

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

 

PUBLIC ANNOUNCEMENTS

 

Councilmember Spitaleri announced that the 2006 Fall Board and Commission Recruitment is now open for specific vacancies.  Applications will be accepted until 5:00 p.m. on Friday, November 3, 2006.  Further information may be found at boardsandcommissions.inSunnyvale.com or by calling the Office of the City Clerk at (408) 730-7595.

 

Councilmember Spitaleri announced that Danielle Bricker, a Yahoo employee, received the Gold Level Award in the U.S. Environmental Protection Agency’s Best Workplaces for Commuters Race to Excellence.  The Best Workplaces for commuters is a public-private voluntary program, established by both the EPA and the U.S. Department of Transportation, advocating employer-provided commuter benefits and public recognizing employers whose commuter benefits achieve the National Standard of Excellence.

 

Councilmember Moylan announced that a Stanford University colleague, Andrew Fire, Professor of Pathology and Genetics - Stanford School of Medicine, received the Nobel Prize in Medicine for the discovery that certain RNA molecules can be used to turn off specific genes in animal cells.  He noted Professor Fire grew up in Sunnyvale.

 

Councilmember Howe announced, on behalf of Laura Babcock, Chair of the Heritage Park Museum, and the Sunnyvale Historical Society, that they wish to publicly thank Recreation Supervisor, John Lawrence, and the City facility team for their exceptional job in helping with the Heritage Park site for the new museum ground-breaking celebration on September 30, 2006.  Councilmember Howe stated he would also like to thank the City’s Public Safety Officers who volunteered to prepare the meals for the event.

 

Mayor Swegles asked if any member of the public wished to make an announcement.  No one wished to speak and Mayor Swegles closed the Announcements.

 

CONSENT CALENDAR

 

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

 

Councilmember Moylan noted that Item 1.A. Revised Draft Minutes are available on the dais.

 

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

 

Motion: Vice Mayor Lee moved and Councilmember Howe seconded to approve the Consent Calendar Item 1.A. through 1.G. with the Exception of Item 1.D.

 

VOTE: 6-0 (Councilmember Hamilton absent)

 

1. A.

Approval of Revised Draft Minutes of Regular Meeting of September 26, 2006

 

1. B.

Approval of Information/Action Items - Council Directions to Staff

 

Fiscal Items

 

1. C.

RTC 06-307

 

List of Claims and Bills Approved for Payment by the City Manager - List Nos. 318 and 319

 

 

Staff Recommendation: Council reviews the attached list of bills

 

Contracts

 

1. D.

RTC 06-309

 

Amendment to Outside Counsel Agreement for Sunnyvale Town Center Matters

 

 

Councilmember Chu announced he was recusing himself from voting on this item due to a family connection to the law firm chosen to represent the City in this matter.  Councilmember Chu left the dais.

 

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 Howe seconded to approve staff recommendation: Council approves proposed amendment to Outside Counsel Agreement for Sunnyvale Town Center.

 

VOTE: 5-0 (Councilmember Chu recused and Councilmember Hamilton absent)

 

1. E.

RTC 06-305

 

Award of Bid No. F0607-12 for One Backhoe With a Front Loader Bucket

 

 

Staff Recommendation: Council awards a contract to Tractor Equipment Sales, in substantially the same form as the attached draft purchase order and in an amount not to exceed $55,925, for one backhoe with a front loader bucket.

 

1. F.

RTC 06-308

 

 

Authorization to Modify an Existing Contract for Engineering Design and Construction Support Services for the Replacement of the Materials Recovery System at the SMaRT Station (F0609-27)

 

 

Staff Recommendation: Council: 1. Authorizes the requested modifications to an existing contract with URS Corporation, in substantially the same form as the attached draft Agreement Amendment and in an amount not to exceed $220,065, for engineering design and construction support services for the replacement of the Materials Recovery System at the SMaRT Station; and 2. Approves a project contingency in the amount of $44,013.

 

Other Items

 

1. G.

ORDINANCE

No. 2816-06

 

Adoption of Ordinance No. 2816-06 Amending Section 8.16.050 (Solid Waste Containers) and Section 19.38.030 (Recycling and  Solid Waste Enclosures) of the Sunnyvale Municipal Code

 

STAFF RESPONSES TO PRIOR PUBLIC COMMENTS

 

None

 

Councilmember Chu returned to the dais.

 

PUBLIC COMMENTS

 

Noella Tabladillo, Community Government Relations for Kaiser Permanente for Santa Clara Service Area, requested City Council offer guidance regarding their new campus on Homestead Road.  Currently, from the facility, they are unable to make a left turn onto Homestead Road. 

 

Lee Ann Knight, Senior Project Manager for the Santa Clara Hospital Replacement Project, stated they would like to serve the citizens of Sunnyvale with better access going west on Homestead or going north.  Councilmember Howe stated the City of Sunnyvale had budgeted money to erect a barrier to make sure the left-hand turn would not be taken and the City’s comments were ignored, as well as, the traffic issues.  He stated there is a long history of the surrounding neighborhood not wanting cars to cut through their neighborhood, and the hospital needs to work with the neighborhood to address concerns and determine what action can be taken.  Ms. Knight stated they are currently in the second year of a traffic study in that neighborhood.  Councilmember Howe stated there needs to be community meetings in that neighborhood (as there are serious concerns in that area), prior to the issue coming back to Council for any action.

 

Councilmember Spitaleri requested that staff work with this group and report back to Council on this issue.  Amy Chan, City Manager, stated staff had previously met with this group and explained Council’s previous direction.  She stated that staff would again work with this group and report back to Council in terms of the appropriate next steps.

 

John Tze, Sand Hill Property Company in San Mateo, stated that last year he received approval for a Walgreens project (to be located between PetSmart and Crazy Buffet).  He stated he resubmitted the project a month ago with some minor changes to the plan.  When the project was approved last year, the drive-through was removed which Walgreens did not accept.  Mr. Tze has been working with the neighbors and Walgreens and they have reached an agreement supporting the plan submitted to the City last month.  He stated the approval given last year does not require the project to come back to Council; however, he would like to request that Council assist in moving the project through the Planning Commission.

 

Barry Warmkessel, who lives behind the Walgreens project, stated that Sand Hill Properties has worked extensively with the neighbors.  He stated all parties have reached a consensus to place the drive-through on the side of the building.  There is a road behind Walgreens and the neighbors would like it designed to discourage travel and Sand Hill Properties is attempting to accommodate this request.  He stated the Planning Commission requested removal of some trees and that the greenbelt be paved. The neighbors are not happy with the request and would like the width of the street decreased and the greenbelt barrier increased. 

 

Councilmember Howe asked David Kahn, City Attorney, if he should recuse himself from this item because, he has a continuing economic interest in Walgreens.  City Attorney Kahn stated he could hear the presentation, but would not be able to vote should it come back to Council. 

 

Councilmembers Chu and Moylan stated they were impressed with the spirit of cooperation.

 

Councilmember Moylan stated that it appeared to be irregular for anyone to come before Council to ask for assistance to get a project through the Planning Commission and inquired as to why the conversation was even occurring.

 

Mr. Tze stated that unless the proposed changes to the project are denied by the Planning Commission, it would not be heard by City Council.  They did not intend to bring up any details of the project during this discussion.

 

Mayor Swegles asked City Attorney Kahn if continuing the discussion should be deferred until they hear from the Planning Commission on this project.  City Attorney Kahn stated that Council may hear this on an appeal and it is not appropriate for Council to become involved at this time since the project is before the Planning Commission.  Council can hear about the cooperation; however, discussion regarding details of the project would be inappropriate.

 

Tap Merrick stated he has concerns regarding Kaiser Permanente adding a left-turn access point due to traffic issues in the neighborhood.  Mr. Merrick spoke against the City maintaining school fields for private schools without compensation.  He stated there are five private school sites that the City maintains (such as Challenger School), and that this is an inappropriate use of public funds. 

 

Councilmember Moylan asked Mr. Merrick what the rationale was behind his suggestion and stated for the school sites occupied by private schools, the compensation the City receives is use of the fields outside of school hours.  He stated this is the same compensation the City receives on a public school site. 

 

He asked Mr. Merrick, “Why should the City get more or less compensation depending on how the school district uses the site”?  Mr. Merrick stated as a result of Proposition 13, the City assisted the school district to provide maintenance at those school sites so the schools could use their limited funds for more education-orientated activities.  However, with a private school the school district is benefiting, and yet the City continues to maintain the fields without compensation. 

 

Councilmember Moylan stated that the City receives compensation in the form of field use outside of school hours to the degree that neighbors adjacent to the site consider it their park.  He asked Mr. Merrick, “are you saying that you do not view that as compensation, but your understanding is that this is sort of a charitable thing the City is doing to help the school district”?  Mr. Merrick stated that the City does not have the opportunity to buy or sell the property, is not able to develop it, so it is a limited use and he believes the City entered into this agreement in an effort to assist the school district.  He stated otherwise, why enter into such an agreement if the school district was previously maintaining the fields.

 

Councilmember Moylan asked the Director of Parks and Recreation to explain the agreement.  City Manager Chan stated initially when the City was challenged with the need for additional open space, the City found a mutually cost saving method for the City to take over the maintenance so the public could use the sites.  She stated that a study was done on the effectiveness of this approach.  It is an innovative partnership where both the schools and the community benefit.  Mr. Merrick stated the City of Santa Clara maintains all of the school sites, but not private schools. 

 

Councilmember Spitaleri stated this type of field maintenance arrangements existed prior to Proposition 13 because youth activities increased and the City did not have enough fields.  As a Parks and Recreation Commission Member at the time, Councilmember Spitaleri stated one solution was to enter into agreements with the school district to allow for the use of the fields.  He stated this is still a fair process and not a misuse of public funds.

 

Mr. Merrick stated when one public school is not receiving any benefit, but you have private schools receiving a benefit, that it is discriminatory.  He also stated he is not aware of this practice being in place before Proposition 13.

 

PUBLIC HEARINGS/GENERAL BUSINESS

 

2.

RTC 06-306

 

Study Issue: Consider Establishing Council Policies Regarding Commercial Use of Parks, Open Spaces and Recreation Facilities Owned or Maintained by the City

 

 

Curtis Black, Superintendent of Parks, presented the staff report.

 

Mayor Swegles opened the Public Hearing at 7:56 p.m.

 

Mei-Ling Stefan stated the input regarding cellular towers would have been more meaningful if a City Planner had been present at the Ortega Park meeting.  Councilmember Moylan asked Ms. Stefan if she had a preferred alternative for this item.  Ms. Stefan said that statements should be made more clearly, as staff has deviated from the policies that should be in place.  She also stated that City parks should not be exempt from the City Code, and random City policies should be prevented.

 

Mayor Swegles closed the Public Hearing at 8:00 p.m.

 

MOTION: Councilmember Chu moved and Councilmember Howe seconded to approve Alternative No. 1:  Council supports current City policies regarding commercial use of parks and recreational facilities and directs staff to continue to use current public input, review and approval processes for such uses including cellular antenna facilities.

 

VOTE: 6-0 (Councilmember Hamilton absent).

 

3.

RTC 06-311

Explore Development of a Board or Commission with a Focus on Multicultural/Diversity Outreach and/or Issues (Study Issue)

 

 

Patricia Lord, Community Resources Manager, presented the staff report.

 

Vice Mayor Lee stated that Alternative Nos. 1 and 2 include a cost element and asked staff if they have a recommendation on the funding.  Coryn Campbell, Assistant to the City Manager, stated that staff did not have a recommendation, but it could be included in staff recommendation to Council for the 2007/2008 budget.  City Manager Chan stated Council has (discretionary) set-aside funds.  Vice Mayor Lee asked City Manager Chan what the current balance is in the set-aside funds.  City Manager Chan stated the balance is $400,200.

 

Vice Mayor Lee asked if other cities surveyed spend about the same amount for the commission to be formed.  Manager Lord stated the projection on the fiscal impact was based on similar boards and commissions in our City, as shown on page 13 of the staff report.

 

Vice Mayor Lee verified that the intent of Alternative No. 1 was to direct a specific multicultural issue to the appropriate board or commission.

 

Councilmember Spitaleri asked which board or commission would incorporate and accomplish the outreach efforts as listed in Alternative No. 1.  Assistant to the City Manager Campbell stated that the intent was not to identify a specific board or commission to assume the responsibility of community outreach.  Instead, various boards and commissions would provide multicultural outreach as they gather community input about issues they are considering.

 

Robert Walker, Assistant City Manager, stated the concept was to raise the level of awareness on the part of the boards and commissions and that staff would encourage them to be more proactive in terms of outreach and multicultural diversity. 

 

Councilmember Moylan stated Alternative No. 2 proposes a committee that would report to staff and Alternative No. 3 proposes a board or commission that would report to Council.  He inquired as to why the proposed committee reporting to staff would cost less than one reporting to Council.  He also asked why on page 13 of the staff report the estimated costs to start a new board or commission (that reports to Council) is listed as $15,000 for the first year and $13,000 for the second; whereas under Alternative No. 3, the cost is listed as $12,000 for the first year and $10,000 thereafter.  Manager Lord stated there is a clerical error on page 13 of the staff report and that the estimated amount for the first year should be $12,000 and the subsequent year would be $13,000.  The reason a board or commission that reports to Council is more expensive is due to the staff time involved subject to the Brown Act.  Councilmember Moylan verified that the more economic way to set up a new board or commission would be to make it an advisory committee to staff.

 

Councilmember Chu asked what would be the advantages of having an advisory committee reporting directly to staff.  Manager Lord stated the advisory committee could advise staff on more administrative and operational issues, which may be of more interest to the members of such a committee.

 

Councilmember Chu asked how committee members would be chosen.  Manager Lord stated it would be important to implement extensive community outreach to encourage wide representation.  Councilmember Chu asked if that search would be part of the boards and commission interview process.  Assistant City Manager Walker stated that if Council approved a board or commission that would report to Council, then selection would go through the normal board and commission interview process.  If Council were to approve the advisory committee to staff, staff would select individuals that reflect the diversity of the community.

 

Mayor Swegles opened the Public Hearing at 8:22 p.m.  No one wished to speak and Mayor Swegles closed the Public Hearing at 8:23 p.m.

 

MOTION:  Vice Mayor Lee moved and Councilmember Chu seconded to approve Alternative Nos. 1 and 3:

1.      Utilize Role of Existing Boards, Commissions and Advisory Committees to further address Multicultural/Diversity Outreach and Issues. Incorporate multicultural/diversity outreach and issues as appropriate into their ongoing work plans.

3.      Develop a new Council-appointed board or commission on Multicultural/Diversity

      Outreach and Issues – Advisory to Council.

a.      The new board members to be appointed by Council and act in advisory role to Council.

b.      The new board will review policy level issues and activities focused on multicultural diversity outreach and issues, and meet quarterly.

c.      New board of commission to comply with Brown Act.

Include a first year start-up and implementation budget of $12,000 in the City Manager’s proposed FY-07/08 operating budget, with funding of $10,000 for FY-08/09.  Return to Council in fall 2007 with proposed By-Laws and Resolution.  New board to operate on a pilot basis for two years; staff to return to Council with an evaluation report in FY-09/10.

 

Councilmember Moylan stated, “the real question is if Council creates such a body, does Council have them working on operational issues advising staff or have one coming up with new policies advising Council, which is more expensive.  My understanding of the motion is that for an extra $2,000 a year, we get to copy other cities and I find that an unpersuasive argument.”  He stated the role of this committee would have a fundamentally different mission than the boards and commissions that report to Council and he finds the staff recommendation for Alternative Nos. 1 and 2 more persuasive and the one he would support.

Councilmember Howe asked Vice Mayor Lee what the scope of the proposed board or commission would be and compare/contrast that to any other city listed on page 7 of the staff report.  Vice Mayor Lee stated he saw the scope as a mixture of the Human Relations Commissions for the cities of Palo Alto and Mountain View.

 

Councilmember Howe asked Vice Mayor Lee if the intent of his motion was to include Public Safety matters.  Vice Mayor Lee stated that it was not intended to be a Police Review Commission. 

 

Councilmember Howe asked Assistant City Manager Walker about the approximate cost to incorporate the board or commission scope as Vice Mayor Lee described as part of his motion.  Assistant City Manager Walker stated staff would need to go back and look at this scope, but it is a much broader definition of multicultural or diversity than just focusing on the cultural aspects and would take significantly more staff time. 

 

Councilmember Howe asked about the amount of staff time needed to create a staff report that would cost out the alternatives and clarify the Vice Mayor’s motion.  Assistant to the City Manager Campbell, stated it would be a substantially larger number of staff hours than a narrowly focused multicultural advisory committee or board/commission as proposed in the staff report.  She stated that the City of Palo Alto listed that 500 hours were required to staff their commission.  Assistant City Manager Walker stated there would be additional complexity since the commission’s primary role would be to develop potential study issues.  The time involved with study issues would need to be magnified depending on the nature of the potential study issues.  Councilmember Howe asked if Assistant City Manager Walker agreed with Manager Campbell’s staff time projection.  Assistant City Manager Walker stated that it would be a minimum of 500, hours but more likely significantly more. 

 

Councilmember Howe explained to Vice Mayor Lee that instead of voting no on his motion, he would like this item delayed until such time staff can provide a cost estimate of the scope of this committee as identified. 

 

Councilmember Howe asked if staff were to cost out the current alternative and the one as Vice Mayor has described in his motion, when could that potentially come back to City Council.  Assistant City Manager Walker stated it would take approximately one month to prepare that report.

 

Vice Mayor Lee stated he would like to change his motion to continue this item (to not more than three months) to allow for the preparation of a cost estimate for a commission as he outlined, and then report back to Council as soon as completed.

 

Councilmember Chu offered a friendly amendment to not continue this item; instead have the responsibilities of the committee remain as listed in Alternative No. 2, but that the committee report to Council as identified in Alternative No. 3, and that the increased scope of the committee (as Vice Mayor Lee has proposed) become a study item at a later time.  Friendly amendment accepted.

 

Mayor Swegles asked staff to explain the difference between an advisory committee and a committee that reports to Council.  Assistant City Manager Walker explained that one of the basic differences is board and commission members are limited to policy issues that relate to Council and do not get involved in operational aspects and administrative issues. By comparison, a committee reporting to staff would work with staff to see if they are reaching the right people, to identify mechanisms for outreach efforts and to determine if we are seeking the right people.  These are examples of things that the City would not get from an advisory board to the Council.

 

Vice Mayor Lee stated he now understood that the two groups identified in Alternative Nos. 2 and 3 would have different roles.  He stated he did not believe one is more important than the other, and understood that one can not substitute for the other.  He asked that given that information, would staff recommend developing a multicultural board or commission in addition to an advisory committee to staff.  City Manager Chan stated although it is Council’s decision, she would not recommend that Council direct staff to have both the advisory committee and a board or commission.  This would create a conflict of roles and responsibilities. 

 

Councilmember Spitaleri stated he was concerned that staff is focused on community awareness of services and getting them involved in boards and commissions rather than a commission that would deal with diversity issues.  He stated multicultural and diversity issues should be separated.  Multicultural would deal with issues of involvement and awareness of City services.  Diversity outreach and the broader community include everyone and every issue.  The study should come back with a definitive goal and clearer recommendations. 

 

City Manager Chan stated the study was focused on outreach to promote diversity and increasing outreach activities.  There would be many opportunities for an advisory committee to undertake some of those activities.  If Council is interested in an advisory board to look at policy issues, an advisory board to the Council would be appropriate.  She stated the study issue process allows for community input and can raise policy issues for consideration. Not having a formal advisory board/commission does not mean there would not be any opportunity to address human relation policy issues.  However, having an advisory group to Council allows for members to identify and discuss policy issues for the City of Sunnyvale.  The issues from this board or commission could create significant staff hours in researching the study and policy issues that this group may develop.  She stated there are pros and cons for this type of board or commission.  If Council is interested in exploring a Human Relations board/commission, staff can come back with some of the issues that may be addressed by this group and the cost involved.  She stated what Council is suggesting is an expanded scope of the responsibility of the proposed board/commission.

 

Councilmember Moylan stated, “right now, the way the City is currently recruiting board and commission members, I would not be highly confident in our ability to recruit a board or commission that had the appropriate makeup to serve as a diversity outreach committee.  I think we have to solve that problem first.”  He stated he still is in support of Alternative Nos. 1 and 2.

 

Mayor Swegles stated he can not support Alternative No. 3, because it would be more beneficial for the diversity of the community to have a committee report to staff.

 

Councilmember Howe asked if the motion that Council is voting on is for Alternative Nos. 1 and 3 as listed in the staff report.  Mayor Swegles confirmed that was accurate.   Councilmember Chu stated that he believed that the motion was for Alternative Nos. 1 and 3 with the duties of the commission to be outlined as in Alternative No.2 with a study issue coming back to explore an expanded commission. Councilmember Howe verified with Councilmember Chu that the commission would report to Council with the specific duties to be as outlined in Alternative No. 2. (as identified by his accepted friendly amendment).

City Manager Chan advised Councilmember Chu that the responsibilities listed for Alternative No. 2 are operational.  Councilmember Chu therefore withdrew his second to the motion. 

Vice Mayor Lee withdrew his motion and stated he would make a new motion.

 

Councilmember Howe agreed to second the motion but offered a friendly amendment.  He would like as part of the study issue, a possible expansion into the other roles as listed by all cities identified in the staff report, page 7.  Vice Mayor Lee accepted the friendly amendment.

 

Councilmember Moylan offered a friendly amendment.  He stated a study issue to expand the two-year pilot program is premature before the pilot program has even started.  He offered a friendly amendment to delay the study issue by one-year after determining if the program is working.  Vice Mayor Lee stated Council is looking at outreach efforts this evening and that is different than a Human Services Commission.  He wants the items looked at separately and did not accept the friendly amendment. 

 

Councilmember Chu offered a friendly amendment that membership on this advisory committee would not preclude a member from serving on a board or commission.  Mayor Swegles confirmed that was correct and advisory committee members are able to serve on boards or commissions.  He stated that since this is already in place, a friendly amendment was not needed.

 

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

1.       Utilize Role of Existing Boards, Commissions and Advisory Committees to further address Multicultural/Diversity Outreach and Issues. Incorporate multicultural/diversity outreach and issues as appropriate into their ongoing work plans. 

2.       Authorize funding (first year start-up and implementation budget of $10,000 in the City Manager’s proposed Fiscal Year 2007/2008 operating budget, with funding of $8,000 for Fiscal Year 2008/2009) to support staffs’ creation of a pilot committee on Multicultural/Diversity Outreach and Issues – Advisory to Staff.

·          The advisory committee members to be selected by staff and act in an advisory role to staff. 

·          The new committee would review and make advisory recommendations on City programs, activities and possible Study Issues related to multicultural/diversity and outreach.

·          The new committee would meet quarterly.

·          Staff to return to Council with a committee evaluation report in Fiscal Year 2009/2010.

with: a Study Issue sponsored by Vice Mayor Lee, and Councilmembers Howe, Spitaleri and Chu to explore the establishment of a Human Relations Board or Commission advisory to City Council.

 

VOTE: 6-0 (Councilmember Hamilton absent)

 

 

NON-AGENDA ITEMS & COMMENTS

 

COUNCIL:

Councilmember Howe stated he would like to discuss a senior recognition or dinner for people who have lived in the City since 1940.  He would like this item agendized as a thirty-minute study session for thirty minutes within the next two months.  Mayor Swegles approved the item for placement on the agenda.  Councilmember Chu stated he would make it a heritage event, rather than a senior event. 

 

Councilmember Chu asked that due to a conflict with a VTA Board of Directors meeting, he wanted to consider changing the date for the Study Issue Workshop from Thursday, December 14.  Councilmember Chu proposed Friday, December 15 and that date was approved by all Councilmembers.

STAFF:

None

 

PUBLIC COMMENTS (continued)

 

Mei-Ling Stefan spoke about a violation of a use permit at 800 Carlisle.  Vice Mayor Lee asked about the current penalty for violations of use permits.  Robert Paternoster, Director of Community Development, stated there is not any monetary penalty, but the penalty is a requirement to correct the violation.  He stated inspections of the sites are made within twelve months.  Vice Mayor Lee asked staff to return to Council with information about how other neighboring jurisdictions are handling penalties for violation of use permits.

 

Karie Bennett stated she is a potential tenant of the new Town Center.  She asked for clarification regarding the status of Fourth Quarter as the developer.  Mayor Swegles deferred to the City Attorney.  City Attorney Kahn stated that in this forum, it would not be appropriate to respond to the question.  He stated there are legal issues and as soon as the information is available it will be released to the public. Ms. Bennett asked if what she reads in the paper is accurate information.  City Manager Chan stated it is not appropriate to comment on the accuracy of newspapers. 

 

Bonnie Lloyd stated she is in favor of an enclosed mall. 

 

INFORMATION ONLY REPORTS/ ITEMS

 

Tentative Council Meeting Agenda Calendar

RTC 06-312 Opportunity for Council to Appeal Decisions of the Planning Commission of September 25, 2006 and the Administrative Hearing of September 27, 2006

• Study Session Summary – Intergovernmental Relations (IGR) Update - August 22, 2006

• Study Session Summary – Intergovernmental Relations (IGR) Update - September 12, 2006

• Draft Minutes of the Parks and Recreation Commission Meeting of September 13, 2006

• Draft Minutes of the Housing and Human Services Commission Meeting of September 20, 2006

• Draft Minutes of the Arts Commission Meeting of September 20, 2006

• Draft Minutes of the Board of Library Trustees Meeting of October 2, 2006