PRESENT:

Mayor Otto Lee

Vice Mayor Anthony Spitaleri

Councilmember John Howe

Councilmember Dean J. Chu

Councilmember Ron Swegles

Councilmember Melinda Hamilton (participation via teleconferencing)

Councilmember Christopher Moylan

ABSENT:

None

STAFF PRESENT:

City Manager Amy Chan

Assistant City Manager Robert Walker

City Attorney David Kahn

Director of Community Development Hanson Hom

Intergovernmental Relations Officer Yvette Agredano

City Clerk Gail Borkowski

1.A.

Approval of Draft Minutes of July 10,207

1.B.

Approval of Information/Action Items – Council Directions to Staff

1.C.

RTC 07-287

List of Claims and Bills Approved for Payment by the City Manager – List No. 363

Staff Recommendation: Council reviews the attached list of bills.

1.D.

RTC 07-286 

Investment and Cash Management Policy Update for Fiscal Year 2007/2008

Staff Recommendation: Council adopts Investment Policy for Fiscal Year 2007/2008 as presented.

1.E.

RTC 07-293

Study Issue Follow Up – Local Business Preference Policy Relative to City Purchases

Staff Recommendation: Council directs Purchasing Division staff to continue routinely encouraging local business participation in the City’s competitive bidding process; and Council makes no changes in the City’s local business preference policy.

1.F.

RTC 07-273 

Notice of Intent to Apply for California Department of Public Safety to proceed with the commitment to fund reimbursement request in an amount up to $5,000 to support a Children’s Education Initiative for the use of 9-1-1.

Staff Recommendation: Council allows the Department of Public Safety to proceed with the commitment to fund reimbursement request in an amount up to $5,000 to support a Children’s Education Initiative for the use of 9-1-1.

1.G.

RTC 07-288

Appropriation of Funds for Increased Downtown Underground Parking Insurance Costs and Budget Modification No. 7

Staff Recommendation: Council approves the appropriation of additional funds for the downtown underground parking insurance premium in the amount of $105,000 and approves Budget Modification No. 7.

1.H.

RESOLUTION

RTC 07-274

Revisions to Compensation for Classified and Unclassified Management/Executive Employees in Categories D/E, F and K, Salary Resolution Modification, and Clarification to City Manager’s Contract

Staff Recommendation: Council approves all of the recommendations contained in this report including update of the management/executive compensation program by implementing a 6.5% increase for a majority of the classifications, an additional 2.0% adjustment for one salary grade which is below the 75^th percentile, and for two classifications, an additional increase (0.93% and 6.0%, respectively) to maintain established differentials above those supervised; increase the monthly vehicle allowance to $450 for executives and to $310 for approved managers; revise the contract for the City Manager to provide no limit on PTO accrual; and the accompanying salary resolutions modifications.

1.I.

RESOLUTION

RTC 07-290

Award of Bid No. F0707-05 to Provide Network Security Hardware and Software

Staff Recommendation: Council awards contract to Etc/Networks, Incorporated in substantially the same form as the draft purchase order and in an amount not-to-exceed $61,260, to provide network security hardware and software.

1.J.

RTC 07-289

Rejection of Bids to Replace the Roof and Upgrade the Heating Ventilating and Air Conditioning Systems at the Community Center Theater and Creative Arts Center (F0707-02 and F0707-03)

Staff Recommendation:

• Council rejects all bids received in response to Invitation for Bids No. F0707-02 for the Community Center Theater and Creative Arts Center HVAC Upgrade and Invitation for Bids No. 0707-03 for Roof Replacment at the Community Center Theater and Creative Arts Center; and
• Council directs staff to repackage and re-bid these projects in spring 2008. 

1.K.

RTC 07-280

Approve of Final Map (Tract No. 9925, Sunnyvale Town Center) – A 20-Lot Subdivision

City Attorney Kahn stated he pulled this item in order to bring to the Council’s attention that a few minor revisions to the final map are still beng worked out such as aerial easement description and the wording of the owner’s signature block on the final map. These changes will be added prior to the filing of the final map with the recorder’s office.

MOTION: Councilmember Howe moved and Councilmember Swegles seconded staff recommendation:

·      Council approves the final map for Tract No. 9925;

·      Council authorizes the Mayor to sign the subdivision agreement upon: developer’s signatures, submittal of improvement securities, payment of development fees, and submittal of other documents deemed necessary by the Director of Public Works;

·      Council authorizes the City Manager to sign the map on behalf of the City of Sunnyvale as a partial owner;

·      Council authorizes the City Clerk to sign Certificate of Abandonment as shown on the map, and

·      Council directs the City Clerk to forward the final map for recordation after August 23, 2007.

VOICE VOTE: 7-0 (Councilmember Hamilton teleconferencing)

1.L.

RTC 07-283 

Approval of Schedule for Preparation by staff of a Sanitary Sewer Management Plan (SSMP)

Staff Recommendation: Council approves the schedule for preparation of a Sanitary Sewer Management Plan as required by the Statewide General Waste Discharge that will consist of 12 elements, and the completion dates of each element.

1.M.

RTC 07-285 

Amendment to Fair Oaks Business Park Conditions, Covenants, and Restrictions (CC&R’s)

Patrick Mahoney stated he pulled this item to discuss Danbury Place at Fair Oaks and Tasman and the parking situation at this complex in relation to the original Conditions, Covenants, and Restrictions (CC&R’s). Mahoney stated the original CC&R’s have not been followed in relation to the allowable parking at this complex. Mahoney stated he brings this issue up as Council is looking at other CC&R’s with this amendment and his point is that if CC&R’s are not enforced, then what purpose do they serve.

MOTION: Councilmember Howe moved and Councilmember Swegles seconded staff recommendation: Council authorizes city manager to sign an amendment to the Fair Oaks Business Park Conditions, Covenants, and Restrictions to allow residential development in assessor parcels 110-53-001 through 110-53-036.

VOICE VOTE: 7-0 (Councilmember Hamilton teleconferencing)

Councilmember Howe asked that the city manager direct staff meet with Mahoney regarding CC&R’s (and that one specific thing that Council approved recently) to see if they are being interpreted correctly. Councilmember Howe stated a study issue will be coming before Council in November.

2.

RTC 07-292 

2007-0125 Request for a Continuance by the Applicant of an Appeal of a decision by the Planning Commission approving a Use Permit regarding the height and setback for a new eight-foot six-inch high fence in the front yard area for a property Located at 715 Sheraton Drive (near Hollenbeck Avenue)

MOTION: Councilmember Swegles moved and Councilmember Howe seconded to approve staff recommendation: Council continues this item to September 11, 2007.

Public hearing opened.

No speakers.

Public hearing closed.

VOICE VOTE: 7-0 (Councilmember Hamilton teleconferencing)

3.

RTC 07-291 

Council Position on League of California Cities’ 2007 Annual Resolutions

Intergovernmental Relations Officer Yvette Agredano presented the staff report.

Vice Mayor Spitaleri stated a conflict exists between resolutions two and three because there is a growing senior population. Vice Mayor Spitaleri inquired as to how one resolution works with the other. Officer Agredano stated she did not perform cross-checking of the resolutions and would not be able to address Vice Mayor Spitaleri’s concerns at this point. Vice Mayor Spitaleri stated he would direct his concerns through an e-mail to the city manger.

MOTION: Councilmember Chu moved and Councilmember Swegles seconded staff recommendation: Council approves the resolution positions as recommended by staff:

Resolution 1) Renewal of the League Grassroots Network Program – Support

Resolution 2) Healthy Aging – Support

Resolution 3) Applying 300 Foot Distance Separation for all New Residential Care Facilities

Resolution 4) Implementation of A.B. 38; Establishing a new “Department of Emergency Services and Homeland Security” – Support

VOICE VOTE: 7-0 (Councilmember Hamilton teleconferencing)

COUNCIL:

Councilmember Swegles wished his wife a happy birthday.

Mayor Lee thanked the intergovernmental relations staff for their timely efforts at producing a letter for his signature that was then sent to the governor urging passage of the state budget.  Since the letter was sent, the budget has been passed.

Councilmember Chu welcomed students back to school.

STAFF:

City Manager Chan stated staff will be reviewing Council’s calendar with the assumption that the ballot measure regarding the swearing-in of new Councilmembers and the selection of Mayor will pass. Should the measure pass, these events will occur in January and that is what staff is using for planning purposes. City Manager Chan stated she is aware Council has some meeting conflicts in October, and urged Council to review their calendars for the remainder of the year and report any conflicts to her. City Manager Chan stated she will work with the mayor to reschedule meetings (if needed) in order that the majority of Council may attend the meetings.

Councilmember Chu explained that the city manager will also need to look at rescheduling the study issues workshop because the new council should perform the study issue ranking. City Manager Chan stated staff has recommended the date of January 15, 2009 for the study issue workshop.

Additionally, Council also has the option to hold the ceremonial event on a different night than in the past. City Manager Chan requested Council inform her of any changes they may need.

Councilmember Swegles announced he will not be able to attend the October 15 closed session or the October 16 council meeting. Councilmember Swegles inquired if these items could be moved to October 9, 2007, as presently that meeting has been cancelled.