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

David Kahn, City Attorney

Robert Paternoster, Director of Community Development

Cynthia Keehen, Manager of Bureau of Technical Services

Rachel Vasquez, Senior Office Assistant

Katherine Bradshaw Chappelear, City Clerk

Agency Vice Chair Lee reported that the Redevelopment Agency met on September 2, 2006 in Closed Session regarding: Confer with Legal Counsel – Anticipated Litigation – Pursuant to Government Code Section 54956.9(c); Initiation of Litigation: 1 potential case – Fourth Quarter Properties.  All Agency Members were present for this meeting (including Agency Member Melinda Hamilton, who is currently on an excused leave).

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

Vice Mayor Lee reported that the City Council met in Closed Session on September 12, 2006 regarding: Conference with Labor Negotiators pursuant to Government Code 54987.6. Negotiator: Erwin Young, Director of Human Resources; Employee Organization: Public Safety Officers Association (PSOA).  All Councilmembers were present for this meeting (with the exception of Councilmember Moylan) including Councilmember Melinda Hamilton, who is currently on an excused leave.

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

1. A.

Approval of Revised Draft Minutes of Regular Meeting of August 22, 2006

1. B.

Approval of Information/Action Items - Council Directions to Staff

1. C.

RTC 06-286

List of Claims and Bills Approved for Payment by the City Manager

(List Nos. 313 and 314)

Staff Recommendation:  Council reviews list of bills.

1. D.

RTC 06-284

Revised/Updated Agreement between City of Sunnyvale and Sunnyvale Historical Society and Museum Association for the Design, Development, Construction and Lease of a Heritage Museum at Sunnyvale Heritage Center at the Sunnyvale Community Center

Staff Recommendation:  Council approves the Revised/Updated Agreement between City of Sunnyvale and Sunnyvale Historical Society and Museum Association for the Design, Development, Construction and Lease of a Heritage Museum at Sunnyvale Heritage Center at the Sunnyvale Community Center and authorizes the City Manager to enter into the agreement.

1. E.

RTC 06-274

Santa Clara County Automated Fingerprint and CAL-ID System Updated Agreement and Authority to Pay

Staff Recommendation:  Council allows staff to add a new contact information sheet to our existing agreement, updating the contact name and information for our department and authorizes the City Manager to allow payment of the associated expenses for FY 2006/2007 and all subsequent expenses under the terms of this agreement, Council approved budget permitting.

1. F.

RTC 06-287

Authorization to Modify an Existing Contract for Industrial Piping Supplies (No. F0608-13)

Staff Recommendation:  Council authorizes

1. Additional expenditures up to $26,000 under a 2005 contract with Roberts & Brune Company for industrial piping supplies, making a total one-year contract amount of $176,000; and
2. Extends the contract for an additional one-year and authorizes expenditures up to $200,000 during the extension period, making a total two-year contract amount of $376,000.

1. G.

RTC 06-288

Award of Bid No. F0506-96 for Improvements to the Francis Street Transit Corridor and Approval of Budget Modification No. 8

Staff Recommendation:  Council awards:

1)     A contract, in substantially the same form as the attached draft and in the amount of $1,293,000, to Sposeto Engineering, Inc., for improvements to the Francis Street corridor; and

2)     Approves a project contingency in the amount of $193,950; and

3)     Approves Budget Modification No. 8 to recognize the TDA grant revenues and appropriates funds as outlined in this report for the Francis Street Transit Corridor project and the Sunnyvale Caltrain North Side Access project.

1. H.

RTC 06-285

Award of Bid No. F0504-71 to Remodel the Restrooms at Sunnyvale Office Center and Braly Park and Approval of Budget Modification No. 10

Staff Recommendation:  Council awards:

1)     A contract, in substantially the same form as the attached draft and in the amount of $132,187, to Kuehne Construction to remodel the bathrooms at the Sunnyvale Office Center and Braly Park; and

2)     Approves a project contingency in the amount of $19,828; and 

3)     Approves Budget Modification No. 10.

1. I.

RTC 06-282

Award of Bid No. F0607-02 for Asphaltic Materials for Street Maintenance and Repair

Staff Recommendation:  Council awards one-year contracts for asphaltic materials to Granite Rock Company, Raisch Products and Reed and Graham, Inc., in substantially the same form as the attached draft Purchase Orders and in a total amount for all three contracts not to exceed $589,245.

1. J.

RTC 06-280

Award of Contract to Engage the Community in Shaping the Future of Sunnyvale through a Visioning/Planning Effort (F0607-03)

Staff Recommendation:  Council awards a contract, in substantially the same form as the attached draft and in an amount not to exceed $52,888, to Moore Iacofano Goltsman, Inc., to assist staff in the development and implementation of a program to engage the community in shaping the future of Sunnyvale through a visioning/planning effort.

1. K.

RTC 06-281

Amendment to Outside Counsel Agreement for Smart Station Matters

1. L.

RTC 06-283

Approval of Final Map (Tract No. 9774, Danbury Place II) – 36 Unit Condominums at Fairoaks Avenue and Kiel Court by Pulte Home Corporation.

Staff Recommendation:  Council approves the final map for Tract No. 9774 and directs 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.

1. M.

Adoption of Ordinance No. 2813-06 Awarding Nonexclusive  Franchise to Sham Kumar Kulwant Lasher Doing Business as USA Express Cab

1. N.

Adoption of Ordinance No. 2814-06 Awarding Nonexclusive Franchise to Bikram Jeet Singh, Doing Business as Yellow Cab Company Peninsula, Inc.

2.

ORDINANCE

RTC 06-278

Award of Taxicab Franchise to Yellow Checker Cab Co., Inc dba Checker Cab of Silicon Valley

Cynthia Keehen, Manager of Bureau of Technical Services, and Rachel Vasquez, Senior Office Assistant, presented the staff report.  Manager Keehen noted a change in the staff report.  The contract effective date should be October 19, 2006 instead of September 28, 2006. 

Councilmember Howe verified that should this item be approved, the company would have non-interrupted service through September 27, 2008, (regardless of the time required to process and finalize the franchise).  Mayor Swegles stated that the start date of the contract is October 19, 2006, and verified that the end date of the contract would actually be October 18, 2008.  He verified that service would not be interrupted from September 28, 2006 through the start of the contract (October 19, 2006) if the franchise were approved this evening.

Mayor Swegles opened the Public Hearing at: 7:23 p.m.  No one wished to speak and Mayor Swegles closed the Public Hearing at: 7:24 p.m.

MOTION: Councilmember Howe moved and Councilmember Spitaleri seconded to approve Alternative No.1: Council introduces and adopts an ordinance awarding a non-exclusive franchise for taxicab service to Yellow Checker Cab Co., Inc., dba Checker Cab of Silicon Valley for the period of October 19, 2006 through October 18, 2008 (per applicant request), and authorizes the City Manager to execute necessary documents of agreement.

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

VOTE: 6-0 (Councilmember Hamilton absent).

COUNCIL:

Mayor Swegles announced his 22^nd wedding anniversary.

STAFF:

None.

• Tentative Council Meeting Agenda Calendar

• Study Session Summary – Progress Report on "Promote Sunnyvale" - August 22, 2006
• RTC 06-289 Opportunity for Council to Appeal Decisions of the Planning Commission of August 28, 2006 and the Administrative Hearing of August 30, 2006

• Draft Minutes of the Bicycle and Pedestrian Advisory Committee Meeting of August 17, 2006