APPROVED MINUTES

SUNNYVALE CITY COUNCIL

TUESDAY, JANUARY 30, 2007

ORDER OF BUSINESS

5:00 P.M. – SPECIAL ONIZUKA AIR FORCE STATION LOCAL REDEVELOPMENT AUTHORITY MEETING (Study Session) – Status of Onizuka Base Closure 

6:00 P.M. – SPECIAL MEETING (Study Session) – City Council Campaign Contribution Limits and Spending Limits 

7:00 P.M. – Regular Council Meeting

CALL TO ORDER

Mayor Lee called the meeting to order at 7:00 p.m.

SALUTE TO THE FLAG

Mayor Lee led the Salute to the Flag.

ROLL CALL

PRESENT:	Mayor Otto Lee Vice Mayor Anthony Spitaleri Councilmember John Howe Councilmember Dean J. Chu Councilmember Ron Swegles Councilmember Melinda Hamilton Councilmember Christopher Moylan
ABSENT:	None
STAFF PRESENT:	Amy Chan, City Manager Robert Walker, Assistant City Manager David Kahn, City Attorney Robert Paternoster, Director of Community Development Patricia Lord, Community Resources Manager Marilyn Crane, Manager Information Technology Services Erwin Young, Director of Human Resources Yvette Agredano, Intergovernmental Relations Officer Deborah Barrow, Director of Libraries Katherine Bradshaw Chappelear, City Clerk

PUBLIC ANNOUNCEMENTS

Councilmember Howe congratulated staff on a great job relating information about the downtown during the public outreach meeting last week. 

SPECIAL PRESENTATION

Ms. Polly Bove, Superintendent of Fremont Union High School District, made a presentation on her vision and planning for the future within the district. 

Councilmember Swegles verified that over the next six to ten years, the district feels confident they will be able to meet the anticipated growth within the area.

Councilmember Moylan requested that a session be called at a later date for further discussion with the district on several topics.  He stated he attended a presentation on the truancy problem at Fremont High School and was astonished to learn that many students ride a County bus more than an hour each way as there is no other transportation available.  It is his hope at some point this problem is mitigated.   

Superintendent Bove stated the district is considering working with Santa Clara Valley Transportation Authority (VTA) to obtain dedicated buses for transportation.  She stated the issue is not how long the trip takes, rather how many stops are made along the route. 

Councilmember Chu thanked Superintendent Bove for her presentation and encouraged her to come to future Council meetings and share announcements on events happening at the high schools. 

CONSENT CALENDAR

Councilmember Hamilton removed Items 1.A., 1.I., 1.L., and 1.M.

Mayor Lee opened Public Comments.  No one wished to speak and Mayor Lee closed Public Comments.

MOTION: Vice Mayor Spitaleri moved and Councilmember Howe seconded to approve the Consent Calendar with the exceptions of Items 1.A., 1.I. , 1.L., and I.M.

VOTE: 7-0

1.A.	Approval of Draft Minutes of Regular Meeting of January 23, 2007
	Councilmember Hamilton removed this item in order to abstain.  She was not in attendance at this meeting.   MOTION: Councilmember Spitaleri moved and Councilmember Howe seconded to approve Item 1.A.   VOTE: 6-0 (Councilmember Hamilton abstained)
1.B.	Approval of Information/Action Items - Council Directions to Staff

Fiscal Items

1.C.	RTC 07-027	List of Claims and Bills Approved for Payment by the City Manager - List No. 334
	Staff Recommendation: Council reviews the attached list of bills.
1.D.	RTC 07-029	City of Sunnyvale Investment Report 4th Quarter 2006
	Staff Recommendation: Council receives and files the Investment Report.
1.E.	RTC 07-032	Notice of Intent to apply for a Target Corporation Law Enforcement Grant to fund a Local Crime Prevention Program
	Staff Recommendation: Council authorizes the Department of Public Safety to proceed with the Target Corporation Law Enforcement Grant Program grant application.
1.F.	RTC 07-034	Continuation of Supplemental Law Enforcement Funding and Budget Modification No. 32
	Staff Recommendation: Council appropriates the full amount available from the Supplemental Law Enforcement Services funds to the City’s Supplemental Law Enforcement Sub-Fund.
1.G.	RTC 07-039	Approval to Request and Accept Onizuka AFS Base Realignment and Closure (BRAC) Funding, and Approval of Budget Modification No. 30
	Staff Recommendation: ·         Council approves funding the Base Realignment and Closure of Onizuka Air Force Station Reuse Planning Project and approves Budget Modification No. 30; ·         Council approves including the BRAC project in the City's Capital Projects Budget beginning in FY 2006/2007; ·         Council approves submittal of additional grant proposal(s) for Phase 2 to the Office of Economic Adjustment - not to exceed $500,000 - for funding as needed to complete the development of the Reuse Plan; and ·         Council authorizes the City Manager or her designee to execute the necessary grant agreement(s) and expend Office of Economic Adjustment-approved grant funds if/when received.

Personnel

1.H.	RESOLUTION RTC 07-028	Request for Authorization to Execute a Joint Powers Agreement between the City of Sunnyvale and the California State Association of Counties (CSAC) Excess Insurance Authority (EIA)
	Staff Recommendation: Council executes a Joint Powers Agreement between the City of Sunnyvale and the California State Association of Counties (CSAC) Excess Insurance Authority (EIA).

Other

1.I.	RESOLUTION RTC 07-026	Adoption of the Resolution of Intention to establish a Downtown Sunnyvale Business Improvement District
	Councilmember Hamilton pulled this item in order to thank everyone involved for their efforts.   Mayor Lee opened Public Comments.  No one wished to speak and Mayor Lee closed Public Comments.   MOTION: Councilmember Hamilton moved and Councilmember Howe seconded to approve Alternative No. 1: Council approves the Resolution of Intention and Public Hearing schedule to establish a Business Improvement District for Downtown Sunnyvale.   VOTE: 7-0
1.J.	RTC 07-035	2007 Boards and Commissions Recruitment Plan
	Staff Recommendation: Council approves the proposed 2007 Boards and Commissions Recruitment Plan as submitted.
1.K.	RESOLUTION RTC 07-016	Adoption of a Resolution Vacating a 10-foot Wide Public Utility Easement and Two 5-foot Wide Wire Clearance Easements at 901 Thompson Place
	Staff Recommendation: ·      Council adopts the resolution vacating a 10-foot wide Public Utility Easement and 5 foot      wide Wire Clearance Easements at 901 Thompson Place; and ·      Council authorizes the City Clerk to cause a certified copy of the resolution to be      recorded with the County Recorder’s Office.
1.L.	ORDINANCE No. 2827-07	Adoption of Ordinance No. 2827-07 to Update the Precise Zoning Plan, Zoning Districts Map, to rezone any property currently zoned Highway Business (C-2), Highway Business/Planned Development (C-2/PD), Residential Medium Density (R-3/PD), Residential High Density (R-4/PD) and Public Facilities (PF) within the Precise Plan for El Camino Real to Highway Business/El Camino Real Precise Plan Combining District (C-2/ECR, R-3/ECR, R-4/ECR and PF/ECR)
	Councilmember Hamilton removed this item in order to abstain.  She was not in attendance at this meeting when the Ordinance was introduced.   MOTION: Councilmember Spitaleri moved and Councilmember Howe seconded to approve Item 1. L.   VOTE: 6-0 (Councilmember Hamilton abstained)
1.M.	ORDINANCE No. 2828-07	Adoption of Ordinance No. 2828-07  amending Chapter 9.42 (News Racks) of Title 9 (Public Peace, Safety or Welfare) of the Sunnyvale Municipal Code to establish a Special News Rack District in Historic Downtown Sunnyvale
	Councilmember Hamilton removed this item in order to abstain.  She was not in attendance at this meeting when the Ordinance was introduced.   MOTION: Councilmember Spitaleri moved and Councilmember Howe seconded to approve Item 1.M.   VOTE: 6-0 (Councilmember Hamilton abstained)

STAFF RESPONSES TO PRIOR PUBLIC COMMENTS

None

PUBLIC COMMENTS

Werner Gans stated his concerns over liquidambar trees within the City.  He asked how many liquidambar trees have been cut down since the liquidambar ordinance was enacted.

Amy Chan, City Manager, stated staff will obtain that information for Council next week.

PUBLIC HEARINGS/GENERAL BUSINESS

2.	RTC 07-038		Explore Consideration of Recognition Event for Long-Time Residents
	Patricia Lord, Community Resources Manager, presented the staff report.   Public Hearing Opened 7:32 p.m.   Manuela Rodriguez, spokesperson for a citizen group of long-time residents, stated their support for a long-time resident’s recognition event.  Ms. Rodriguez stated the group would anticipate a City sponsored dinner, luncheon or party event.  She stated the group realizes the effort required to make this a successful event; therefore, they are willing to volunteer their time and work with Council (or staff) to make this a special event.   Councilmember Swegles suggested a new version of the “Sunnyvale Voices” long-time residents video be created and should include Ms. Rodriguez and members of her group.   Councilmember Moylan suggested that the recognition event include videotaping and interviewing those being honored.  Ms. Rodriguez confirmed this would be acceptable.   Councilmember Hamilton asked Ms. Rodriguez which event (as listed in the staff report) did she think the group would prefer.  Ms. Rodriguez stated she thought it would be best for the group to work with staff on the event; however, she liked the idea of holding the event on Murphy Street.  It is a historical street and it would be nice to hold the event there and close off the street for an evening.   Councilmember Chu verified the group would prefer to hold the event in September or October.   Acting Superintendent Bove offered assistance from a video-journalism class at Fremont High School to assist with recording this event.    Public Hearing Closed 7:45 p.m.   Councilmember Howe stated he would prefer to have a Council appointed committee, rather than have staff lead the direction of this event.  He would like this committee to work with members of the community over the next thirty to sixty days and come up with a number of ideas.  The committee would take the ideas and formulate recommendations to be brought before Council for potential approval.  Councilmember Howe would like to see costs in the staff report reduced, and he would like to have two or three Councilmembers on the committee with the remaining Councilmembers assisting at the event.   MOTION: Councilmember Howe moved and Councilmember Chu seconded to have Council appoint a subcommittee of the Council.  The subcommittee will appoint five or six members of the community (to include Manuela Rodriguez, Frank Garcia, Dee Garcia, Emma Pasquali and former Councilmember, Pat Vorreiter) to look at this event further and come back to Council with a recommendation.    Councilmember Howe volunteered to be a member on this committee.  Vice Mayor Spitaleri asked Councilmember Howe to Chair this committee and he also volunteered to be a member on this committee.  Councilmember Howe accepted.   Councilmember Swegles volunteered to be a member of the committee.   Councilmember Howe stated the he would like to see this event be high quality at a lower cost than what is listed in the staff report.  He stated the amount of funds allocated from the City for expenditures would be at the discretion of the City Manager.  The City Manager or an appointed representative may serve on the committee.  At this time, there is no commitment on the Council to do the event or to spend a certain amount of money.   Councilmember Chu stated he encouraged the oral histories of those recognized should be taken prior to the event.  He requested that Mr. Fremont’s oral history be taken.   Councilmember Swegles thanked Fremont School District for volunteering to videotape the oral histories and suggested that once the video is complete it run on Channel 28.   Councilmember Hamilton suggested partnering with the Sunnyvale Historical Society to work this into a multi-media exhibit at the new museum.  She also requested the committee look at making this a sustainable event (annual or every two years, rather than a one-time event).   Restated MOTION:  Councilmember Howe moved and Councilmember Chu seconded to approve Alternative No. 7: Council appoints a sub-committee consisting of Councilmember Howe, Vice Mayor Spitaleri and Councilmember Swegles to meet with 5-6 community members (Manuela Rodriguez, Frank Garcia, Dee Garcia, Emma Pasquali and former Councilmember, Pat Vorreiter) to develop a recommendation and bring it back to Council for consideration.   VOTE: 7-0
3.	RTC 07-033		Award of Non-Exclusive Cable Franchise Extension Agreement to Comcast of California IX, Inc.
	Marilyn Crane, Manager of Information Technology Services, presented the staff report.   Councilmember Moylan asked if this item needed to be continued since Comcast has a state franchise.   David Kahn, City Attorney, explained that Bill #AB2987 allows a vendor such as Comcast to obtain a state franchise and not have to go through the local franchise procedure; however, they are not mandated to do so.  Comcast agreed through negotiations to continue with the local franchise procedure, which gives the City more control and benefit.   Councilmember Moylan verified that this gives Comcast more leverage because during the negotiations, they can pull out of the process at any point and obtain a state franchise instead.  City Attorney Kahn agreed.   Councilmember Chu requested City Attorney Kahn propose a date certain for continuation of this item.   City Attorney stated he would need a week or two in order to give a date certain.  Councilmember Chu verified that when an item is continued, it is continued to a date certain, or the item must be removed from the agenda and re-noticed when it is ready to come back to Council.   Councilmember Hamilton requested when this item returns, that the staff report reflect the changes to the channel line-ups and proposed dates for the changes.  Manager Crane stated Comcast has indicated that the upgrades will take about three years; however, they indicated Sunnyvale is slated to be the first community to receive the upgrades.  Staff has requested specific dates from Comcast and anticipates receiving that information over the next few weeks.   Councilmember Hamilton verified that Comcast will upgrade Sunnyvale’s system to be comparable with neighboring communities.   Public Hearing Opened 8:00 p.m.   Public Hearing Closed 8:01 p.m.   MOTION: At staff’s request, Councilmember Swegles moved and Councilmember Chu seconded to table this Item and directed staff to return this Item to Council when it is ready for consideration.   Councilmember Chu stated the City currently is only able to regulate basic cable rates and he would like the City to have the ability to regulate the other rates as part of negotiations with Comcast.  However, he is aware this would be difficult to achieve and asked that basic cable receive as many channels as possible.   Councilmember Hamilton stated that basic cable is missing a number of channels that surrounding communities receive.  She stated our citizens pay a comparable rate and yet receive less quality.   VOTE: 7-0
4.	RTC 07-018		Findings Relative to Six-Month Pilot Program for Earlier Distribution of Staff Reports to Council
	Robert Walker, Assistant City Manager, presented the staff report.   Councilmember Swegles inquired as to how much extra time was required by staff to move the agenda forward by a day.  Assistant City Manager Walker stated there is no impact to preparing reports, but there is an impact on preparing Council minutes.   Councilmember Chu verified that Council did not direct staff to have the reports for the Planning Commission meetings changed to an earlier distribution schedule.   Councilmember Hamilton inquired as to what the “eBot” change will be and when will it be implemented.  Assistant City Manager Walker stated staff is aware that the “eBot” notifications are not specific and they are working on improving this system as soon as possible.   Public Hearing Opened 8:12 p.m.   Public Hearing Closed 8:13 p.m.   MOTION: Councilmember Swegles moved and Councilmember Hamilton seconded to approve Alternative No. 1: Council adopts the pilot program (as described in the staff report) as standard policy for the future.   VOTE: 7-0
5.	RESOLUTION (2) RTC 07-037		Consideration of: Amending the City’s Contribution for Medical Insurance for Management Employees, Management Retirees, Beneficiaries of Management Retirees, Council Members and Future Council Member Retirees; Adopt a Resolution with CalPERS to amend the change in Contribution for Management Employees and Retirees; Adopt a Resolution amending the Salary Resolution to reflect the change in the City’s Contribution for Medical Insurance for Current and future Management Employees.
	Erwin Young, Director of Human Resources, presented the staff report.   Public Hearing Opened 8:20 p.m.   Pat Vorreiter suggested Council review the entire benefit package for Councilmembers prior to making a decision on this issue.  She stated citizens do not run for Council to receive the benefit package; however, she is not advocating support for or against the amendment.   Councilmember Moylan suggested that the medical benefit for retirees from City Council not be restricted to age 50 and older; rather it should extend to all Councilmembers.  Ms. Vorreiter stated she believed the age was selected to match the retirement age of management employees.    Councilmember Swegles stated should a Councilmember elect not to participate in the Public Employees Retirement System, they may direct their contributions to Social Security.   Werner Gans verified that staff did not make comparisons into what is happening in the private sector with retiree health care.  Mr. Gans stated his opposition to the City paying all the costs for a management retiree.   Councilmember Chu explained to Mr. Gans that unless an employee is with the City for more than fifteen years, the employee will have to pay a portion of their medical costs.   Mr. Gans stated he believes the current retirees (and those retiring this year) should pay a portion of their medical insurance costs.   Amy Chan, City Manager, stated staff did not compare benefits or salary with private companies as they are not comparable.   Public Hearing Closed 8:37 p.m.   MOTION: Councilmember Hamilton moved and Vice Mayor Spitaleri seconded to approve Alternative Nos. 1 and 2: Council amends the City’s contribution for medical insurance for Current and Future Management Employees and Current and Future Management Retirees and for the Beneficiaries of Current and Future Management Retirees by Adopting a Resolution with CalPERS to Amend the Change in Contribution for Current Management Employees and Retirees and by Adopting a Resolution Amending the Salary Resolution to reflect the recommended changes  Council establishes that the identical recommended changes apply to current and future City Councilmembers.   Councilmember Moylan stated he supports Alternative No. 1, but does not support Alternative No. 2 and believes the study issue on this item should come before Council as planned.  Councilmember Moylan stated he approved of Councilmember Hamilton’s idea to eliminate Council’s medical benefit entirely and redistribute the savings into Council’s stipend.  Councilmember Moylan stated that citizens are waiting to speak on the study issue and should Council pass this item tonight, it will be perceived as a bad faith measure on the part of Council within the community.   Mayor Lee verified that if Council approves Alternative No. 2 this evening, the study issue will not occur.   Vice Mayor Spitaleri stated he has enough information to make a decision without an additional study issue.   Councilmember Chu stated the proposed study issue addressed medical benefits for Councilmembers only, which is the same information currently before Council.  It would be a misuse of staff’s time to proceed with the study issue.   Councilmember Hamilton state