PRESENT:

Mayor Otto Lee

Councilmember John Howe

Councilmember Dean J. Chu

Councilmember Ron Swegles

Councilmember Melinda Hamilton

Councilmember Christopher Moylan

ABSENT:

Vice Mayor Anthony Spitaleri (excused)

STAFF PRESENT:

City Manager Amy Chan

Assistant City Manager Robert Walker

Senior Assistant City Attorney Kathryn Berry

Director of Community Development Hanson Hom

Finance Manager – Purchasing Elaine Wesely

Transportation and Traffic Manager Jack Witthaus

Director of Information Technology Cuong Nguyen

Senior Management Analyst Brice McQueen

Director of Libraries Deborah Barrow

Superintendent of Recreation Nancy Bolgard Steward

Director of Parks and Recreation David Lewis

Budget Analyst Drew Corbett

Director of Finance Mary Bradley

City Clerk Katherine Bradshaw Chappelear

1.A.

Approval of Draft Minutes of  May 22, 2007

Councilmember Hamilton noted an error on page 7 of the minutes in which an amount of $800 was listed within the restated motion and it should have been $80,000 as noted elsewhere in the minutes (and is the correct amount that was approved).

MOTION: Councilmember Howe moved and Councilmember Hamilton seconded to approve the Draft Minutes of May 22, 2007 as amended (page 7 figures revised from $800 to $80,000).

Vote: 6-0 (Vice Mayor Spitaleri absent)

1.B.

1.C.

1.D.

RTC 07-210

List of Claims and Bills Approved for Payment by the City Manager – List No. 354

Staff Recommendation: Council reviews the attached list of bills.

1.E.

RTC 07-203

Notice of Intent to Apply for the Edward Byrne Memorial Justice Assistance Grant Program

Staff Recommendation: Council allows staff to proceed with the JAG Program Grant Application.

1.F.

RESOLUTION

RTC 07-223

Implementation of Salary Survey: Amendment to the Salary Resolution to Reflect the New Pay Ranges for Certain SEA and SEIU Classifications in Accordance with SEA/SEIU Memoranda of Understanding, and for Certain Confidential Classifications

Staff Recommendation: Council adopts the resolution to amend the Salary Resolution to reflect the new pay rates.

1.G.

RESOLUTION

RTC 07-220

Amendment to the Classification Plan and Salary Resolution to Add the Newly-Established Classification of Housing Programs Technician

Staff Recommendation: Council adopts a resolution to amend the City’s Classification Plan and Salary Resolution to add the newly-established class specification of Housing Programs Technician.

1.H.

RTC 07-219

Employee Assistance Program Contract Renewal 2007-2008

Staff Recommendation: Council renews the MHN contract for one year, through participation in the CPEIA pool as proposed, effective July 1, 2007.

1.I.

RTC 07-222

Authorization to Modify an Existing Contract to Provide Design and Construction Support Services for the Rehabilitation of the Mathilda Avenue Overhead Bridge and Approval of Budget Modification No. 51 (F0604-89)

Finance Manager Elaine Wesely stated a staff report has not been prepared, but she is available to answer questions.

Mayor Lee opened public comments.

Arthur Schwartz stated he is concerned as the project cost has doubled and approximately $15 million dollars has been added to the project cost. Schwartz stated an undercrossing would be a better solution than the current project.

Transportation and Traffic Manager Jack Witthaus stated the project cost has to do with Caltrans programming for the project. Manager Witthaus stated the recent cost estimate prepared for the project is $17 million (which was completed at the 35 percent design phase). The design has been on hold in order to complete the environmental impact report and during that time Caltrans has escalated the funding available to the City to
$32 million dollars. This amount is not a final cost estimate, rather it estimates a programing level. Witthaus stated that Council’s approval tonight will resume the project design and then once the final design stage is reached, staff will be able to forecast a final project cost.

Councilmember Moylan inquired whether it was correct that any external funding received by the City would apply only if a bridge was put in; however, if a tunnel was put in the funding would disappear. Manager Witthaus stated although the City did not check with Caltrans to see if an underpass would be an eligible cost, but a concern of Caltrans and the Federal Highway Administration is that eligible costs utilize the most cost effective approach. The underpass was found to be more expensive and it is questionable if it would be considered an eligible expense by Caltrans. 

Councilmember Hamilton inquired as to the difference in expense between the underpass and overpass. Manager Witthaus stated he would need to return to Council with the exact costs of an underpass. Councilmember Hamitlon inquired if making the entire project underground (a tunnel for pedestrians and cars) had been considered. Manager Witthaus stated only the pedestrian and bicycle aspect of an underpass had previously been considered. Manager Witthaus stated a roadway tunnel would be more expensive and would not be eligible for Federal Highway funding that the City has secured for bridge rehabilitation.

Schwartz stated he understood that the extra cost for the underground pedestrian and bicycle tunnel would be one to two million dollars. Schwartz suggested returning to Caltrans with a request to include an underground pedestrian and bicycle tunnel.

Mayor Lee closed public comments.

Councilmember Chu inquired as to how far along in the design phase is this project and Manager Witthaus stated the design is past the point of looking at alternatives. Witthaus stated as part of the action in considering the environmental impact report, Council approved the project concept as identified by the staff alternative. The project is now at 35 percent design of the preferred alternative that Council approved.

Mayor Lee reopened public comments.

A member of the public stated she was disabled and explained that an overpass is not a good option for people in wheelchairs or scooters because it takes a lot of power to move over a bridge, whereas it is much easier to move a wheelchair down an underpass.

Mayor Lee closed public comments.

MOTION: Councilmember Howe moved and Councilmember Swegles seconded to approve Alternatives 1 and 2:

·      Council approves modification of the existing contract with Mark Thomas & Co., Inc., in substantially the same form as the attached draft Second Amendment and in an additional amount of $556,773, to provide design and construction support services for the Mathilda Avenue Overhead Bridge Rehabilitation Project; and

·      Council approves Budget Modification No. 51 in the amount of $408,533 for additional funding for this project.

VOTE: 6-0 (Vice Mayor Spitaleri absent)

1.J.

RTC 07-209

Award of Bid No. F0604-98 to Furnish and Install 600 Desktop Computers

Finance Manager Elaine Wesely stated a staff report has not been prepared, but she is available to answer questions.

Councilmember Hamilton inquired if the City will be looking at open source or Lynx systems due to potential cost savings. Director of Information Technology Cuong Nguyen stated although the potential is there, staff needs to study the open source environment until staff feels confident it is the right time to move in that direction.

Councilmember Chu thanked staff for purchasing from local companies.

Mayor Lee opened public comments.

No speakers.

Mayor Lee closed public comments.

MOTION: Councilmember Hamilton moved and Councilmember Chu seconded to award a contract to New Tech Solutions, Inc., in substantially the same form as the attached draft purchase order and in an amount not to exceed $691,741, to furnish and install 600 Hewlett-Packard desktop computers over a two-year period as scheduled by the Information Technology Department.

VOTE: 6-0 (Vice Mayor Spitaleri absent)

1.K.

RTC 07-208

Authorization to Modify Existing Contract for “On-Call” Planning Services (F0604-94)

City Manager Chan removed this item from the Consent Calendar to be re-scheduled to a future Council meeting at the discretion of the City Manager.

1.L.

RTC 07-211

Award of Bid No. F0603-80 for Aggregate, Crushed Granite and Sand

Staff Recommendation: Council awards two-year contracts for aggregate, crushed granite and sand to S&S Trucking Company and Andrade Trucking, Inc., in substantially the same form as the attached draft blanket purchase orders and with a combined total not to exceed $400,000.

1.M.

RTC 07-213

Authorization to increase Expenditures Under an Existing Contract for “On-Call” Construction Services (F0605-104)

Staff Recommendation: Council increases authorized expenditures by $45,000 under an existing blanket purchase order with Monterey Mechanical Company, in substantially the same form as the attached draft change order, for “on-going” construction services, making a total one-year contract amount not to exceed $90,000.

1.N.

RTC 07-190

Amendments to Countywide AB 939 Fee and Household Hazardous Waste Agreements for FY 2007/08

Staff Recommendation:

·      Council authorizes the City Manager to execute both the Agency Agreement for Countywide AB 939 Fee and the Agency Agreement for Countywide Household Hazardous Waste Collection Program (with an augmentation amount of $180,000); and

·      Council delegates to the City Manager the authority to approve an increase of up to
20 percent (36,000) in the City’s augmentation amount.

1.O.

RTC 07-205

Recommendation to Sunnyvale City Council to Endorse the California’s EDGE Campaign

Staff Recommendation: Council approves and endorses the California’s EDGE Campaign position paper titled, California’s EDGE: Keeping California Competitive, Creating Opportunity.

1.P.

RTC 07-206

Approval of Final Map (Tract No. 9873, Evelyn Glen) – 130 Unit Condominiums at the Northeast Corner of Evelyn Avenue and Wolfe Road by Standard Pacific Homes Corporation

Staff Recommendation: Council approves the final map for Tract No. 9873 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.Q.

ORDINANCE

No. 2840-07

Adoption of Ordinance No. 2840-07 Amending Section 6.16.015 (Nuisances by Animals) of Title 6 (Animals) of the Sunnyvale Municipal Code

Staff Recommendation: Council approves the second reading of Ordinance No. 2840-07.

1.R.

ORDINANCE

No. 2841-07

Adoption of Ordinance No. 2841-07 Adopting a Description of the Acquisition Program for the Acquisition of Real Property by Eminent Domain for the Redevelopment Plan for the Central Core Redevelopment Project Area Pursuant to Recently Enacted Health and Safety Code Section 33342.7, and Related Actions

Senior Administrative Analyst Brice McQueen stated a staff report has not been prepared, but he is present to answer questions.

Mayor Lee opened the public hearing.

Arthur Schwartz requested that the public be given a better explanation about this ordinance.

City Manager Chan stated this item was considered at the last Council meeting and this is the second reading of the ordinance. City Manager Chan directed staff to provide a brief summary of the ordinance.

Analyst McQueen stated on January 1, 2007, the State Legistature passed two bills that affected the Redevelopment Agency and certain steps have to be taken. Although, there are not any proposed changes, the first step under Bill SB53 requires that Council pass an ordinance restating the existing eminent domain program. Analyst McQueen stated upon adoption of the ordinance, staff will (under Bill SB1809) record a new Statement of Institution on all the properties within the redevelopment boundary area so that it is clear to the property owners what the eminent domain program is for the City of Sunnyvale. Analyst McQueen reiterated that there are no changes, staff is just following the law in restating the existing program.

Councilmember Hamilton asked for clarification on what staff will do under Bill SB1809 and Analyst McQueen stated this procedure is the same as what staff has done previously, which is when a property is puchased, the new owner will receive a copy of this program attached to their deed. 

Councilmember Hamilton inquired if residential properties would be included since they are not under the City’s eminent domain policy as currently written. Analyst McQueen stated every property within the area will be included for informational purposes; however, it is correct that the City’s eminent domain authority does not apply to residential property.

Councilmember Hamilton stated she is not comfortable in voting on this item since she owns property in the area and was not aware last week that information would be attached to the deed. Councilmember Hamilton stated that the City Attorney advised her that she did not need to recuse herself; however, she feels uncomfortable with owning property in this area and recused herself from voting.

Councilmember Hamilton left the dais.

Schwartz thanked Council for allowing the explanation from staff.

Mayor Lee closed public comments.

MOTION: Councilmember Howe moved and Councilmember Chu seconded to approve the second reading of Ordinance No. 2841-07.

VOTE: 5-0 (Councilmember Hamilton recused and Vice Mayor Spitaleri absent)

2.

RTC 07-216

Boards and Commissions Summer Appointments

City Clerk Katherine Bradshaw Chappelear presented the staff report.

Council took action to confirm appointments from the candidates listed in the staff report, specifying the terms for each candidate, and directed staff to include the remaining vacancies in the City’s continuous recruitment and directed staff to notify Council when a verified application(s) has been received.

Planning Commission (Two vacancies expiring 2011)

Bo Chang

VOTE: 3-3 (Councilmembers, Moylan Howe, Hamilton abstained and Vice Mayor Spitaleri absent)

Monica Draganowski Davis

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

Darab Ghaffary (incumbent)

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

Glenn Hendricks

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

Charles Hungerford (incumbent)

VOTE: 6-0 (Vice Mayor Spitaleri absent)

Gal Josefsberg

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

James Kim

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

City Clerk Chappelear announced Charles Hungerford received the largest amount of votes and has been appointed to fill one opening on the Planning Commission with a term ending June 30, 2011.

City Clerk Chappelear announced she will proceed with the second opening on the Planning Commission.

Bo Chang

VOTE: 4-2 (Councilmembers Moylan, Hamilton abstained and Vice Mayor Spitaleri absent)

Monica Draganowski Davis

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

Darab Ghaffary (incumbent)

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

Glenn Hendricks

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

Gal Josefsberg

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

James Kim

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

City Clerk Chappelear announced a tie between Bo Chang and Darab Ghaffary and called for a second vote between the two applicants.

Bo Chang

VOTE: 4-2 (Councilmembers Moylan, Hamilton abstained and Vice Mayor Spitaleri absent)

Darab Ghaffary (incumbent)

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

City Clerk Chappelear announced that another tie between Bo Chang and Darab Ghaffary exists and per Council policy, Senior Assistant City Attorney Berry shall draw names. 

Councilmember Chu stated there were seven great candidates and were all qualified but currently there are only two openings on the Planning Commission.

City Clerk Chappelear announced that Bo Chang was the name drawn by Senior Assistant City Attorney Berry and Bo Chang will be the second appointment to the Planning Commission with a term ending June 30, 2007.

Board of Library Trustees (One vacancy expiring 2011)

Gal Josefsberg

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

Dennis Shinseki (incumbent)

VOTE: 4-2 (Councilmembers Moylan, Swegles abstained and Vice Mayor Spitaleri absent)

Ray Su

VOTE: 5-1 (Councilmember Hamilton abstained and Vice Mayor Spitaleri absent)

City Clerk Chappelear announced Ray Su received the largest amount of votes and has been appointed to fill the opening on the Board of Library Trustees with a term ending June 30, 2011.

Parks and Recreation Commission (One vacancy expiring 2011)

Jim Colvin

VOTE: 5-1(Councilmember Hamilton abstained and Vice Mayor Spitaleri absent)

Gal Josefsberg

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

City Clerk Chappelear announced Jim Colvin received the largest amount of votes and has been appointed to fill the opening on the Parks and Recreation Commission with a term ending June 30, 2011.

Arts Commission (Three vacancies – one term ending June 30, 2009, one term ending
June 30, 2010 and one term ending June 30, 2011)

Tara Martin-Milius

VOTE: 6-0 (Vice Mayor Spitaleri absent)

City Clerk Chappelear announced Tara Martin-Milius received the largest amount of votes and has been appointed to fill an opening on the Arts Commission with a term ending
June 30, 2011.

Board of Building Code Appeals (Two vacancies expiring 2011)

Gal Josefsberg

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

James Kim

VOTE: 4-2 (Councilmembers Chu, Hamilton abstained and Vice Mayor Spitaleri absent)

City Clerk Chappelear announced James Kim received the largest amount of votes and has been appointed to fill an opening on the Board of Building Code Appeals with a term ending June 30, 2011.

Heritage Preservation Commission (Two vacancies expiring 2011)

Gal Josefsberg

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

Nancy McDonough

VOTE: 5-1 (Councilmember Swegles abstained and Vice Mayor Spitaleri absent)

Jeanine Stanek (incumbent)

VOTE: 6-0 (Vice Mayor Spitaleri absent)

City Clerk Chappelear announced Jeanine Stanek received the largest amount of votes and has been reappointed to fill an opening on the Heritage Preservation Commission with a term ending June 30, 2011.

City Clerk Chappelear announced she will proceed with the second opening on the Heritage Preservation Commission.

Gal Josefsberg

VOTE: 3-3 (Councilmember Moylan, Mayor Lee, Councilmember Hamilton abstained and Vice Mayor Spitaleri absent)

Nancy McDonough

VOTE: 5-1 (Councilmember Swegles abstained and Vice Mayor Spitaleri absent)

City Clerk Chappelear announced Nancy McDonough received the largest amount of votes and has been appointed to fill the second opening on the Heritage Preservation Commission with a term ending June 30, 2011.

Housing and Human Services Commission (One vacancy expiring 2009 and two vacancies expiring 2011)

Gal Josefsberg

VOTE: 6-0 (Vice Mayor Spitaleri absent)

Florence Tindle (incumbent)

VOTE: 6-0 (Vice Mayor Spitaleri absent)

Councilmember Hamilton suggested that Council waive the second vote and appoint both Gal Josefsberg and Florence Tindle to the two longest terms ending June 30, 2011.

City Clerk Chappelear announced that Gal Josefsberg has been appointed and Florence Tindle has been reappointed to vacancies on the Housing and Human Services Commission with terms ending on June 30, 2011.

Personnel Board (One vacancy expiring 2011)

Judith Nickey (incumbent)

VOTE: 6-0 (Vice Mayor Spitaleri absent)

City Clerk Chappelear announced that Judith Nickey has been reappointed to the vacancy on the Personnel Board with a term ending on June 30, 2011.

3.

RTC 07-218

Sunnyvale Library of the Future Study and Strategy – Preferred Facility Strategy and Funding Options

Director of Libraries Deborah Barrow presented the staff report. 

Councilmember Swegles inquired if the Friends of the Library is still active and Director Barrow responded that the group is still active and members will speak during public comments.

Councilmember Swegles confirmed the Board of Library Trustees approved a two-story building (the preferred facility option), and approved relocation of the garden, if necessary.

Councilmember Moylan stated he wished to explore the staff recommendation for Alternative 9 (page 27 of staff report) regarding the community garden. Councilmember Moylan stated other alternatives offer relocation of the community garden to somewhere within walking distance, whereas Alternative 9 has broader language which suggests relocating the garden elsewhere in Sunnyvale. Councilmember Moylan inquired if staff would accept changing the language for relocating the garden from “elsewhere in Sunnyvale” to “elsewhere in the civic center area”. Director Barrow stated whatever Council wishes to do, staff will follow their direction. Councilmember Moylan confirmed that staff has no objections.

Councilmember Hamilton inquired if Alternative 7 is aiming for the smallest possible library and Director Barrow stated the idea behind this alternative is that if additional funding became available, the library could be expanded. Councilmember Hamilton confirmed that the Board of Library Trustees accepted the 116,000 square foot size library included in Alternative 7 because of the funding issues.

Councilmember Chu inquired as to how difficult it would be to redesign the rooftop garden to the south side of the library. Director Barrow stated if Council wanted to do this it would be possible. The selection was made as the better option for the design at the time; however, once the design has been completed with the architect, there are a number of options that could be explored at that time.

Public hearing opened 8:50 p.m.

Mayor Lee requested that a member of the Board of Library Trustees speak first.

Jay Shinseki, member of Board of Library Trustees, stated staff and the board equally share in the desire to create a facility to serve the entire community for years to come. Shinseki stated the board supports the staff recommendations. 

Jim Griffith, representative of the Sunnyvale Future Library Committee, stated the committee intends to campaign for one or more library ballot measures should Council decide to put one on a future ballot. Griffith stated they are prepared and ready to campaign for the November 2007 election. Griffith stated their biggest issue is that currently there is not a concrete plan that can serve as the basis for fundraising efforts by this committee. 

Griffith stated that the Sunnyvale Future Library committee has concerns about the staff proposal and those concerns are scope, gardens, and timing. Griffith continued that the committee supports Alternative 7 and the members believe that the operating budget issue does not need to be decided now, instead there is time to explore other options rather than passing a parcel tax to pay for this expense. The committee strongly favors putting the measure on the November 2007 ballot in order to build on the momentum that already exists in the community.

Griffith stated the committee is in favor of leaving the gardens where they are, if it is reasonable to do so; however, if a new location is needed, the committee urges that a new location be identified by October in order for the measure to pass on the November ballot.

Griffith stated the committee will be the ones attempting to persuade the voters to pass the measure. They intend to run a positive campaign that they can be proud of and will not lie or mislead the voters. Griffith stated the committee urges Council to select a truth that is a good one.

Laurie Hughes, garden coordinator for the Charles Street Gardens, stated the community garden was a factor that she considered when relocating to Sunnyvale. Hughes stated the garden members have been gathering signatures on a petition supporting the present location of the community garden and keeping it in its entirety as green space for the new library, should it be built.

Councilmember Moylan inquired why the garden could not be placed in a better position than where it is currently and also why garden members are against any other location. Hughes stated the garden was done with volunteer work and if the garden was moved, obtaining volunteers would be difficult because of the fear that the garden could be moved again. Hughes continued stating that moving the garden would be devastating for those who have worked diligently on the garden. Councilmember Moylan asked if it was inconceivable to Hughes that a better location might exist which could offer a better garden. Hughes stated it would be difficult to explain to garden members why they put the time in on the garden in the first place.

Councilmember Hamilton stated when Council approved the garden it was for five years and all members who rented plots were notified that their lease was for a five year term. Councilmember Hamilton inquired why notifying the members that the garden was going to move would be difficult. Hughes stated that even though it was written down that the lease was for five years, she believes that members did not think the garden would be taken away. 

Councilmember Hamilton stated Council would like to work with the garden members to imagine what the possibilities could be for another location that would work for all involved.

Josh Salans stated he is disappointed with the lack of innovation and creativity in the design alternatives for the new library. Salans stated he surveyed 400 residents and that 99 percent would vote against a tax increase for a new library. Salans urged Council to review their vision statement which states Council takes environmental preservation and protection seriously and considers how each action will affect Sunnyvale for future generations. Salans asked how destroying the community garden fits in with Council’s vision statement. Salans stated he is in favor of a branch library in north Sunnyvale.

Councilmember Hamilton confirmed with Salans that he believes the options before Council are not viable options. Salans stated the community garden is more than an acre of green space, it has a great sense of community within it and relocating it should not be an option.

Tammy Salans stated she is aware Council has made the decision not to have a branch library, but she does not understand why it was not considered. Salans inquired as to why Council feels Sunnyvale needs only one library and not a branch library that could serve the north side of Sunnyvale.

Pat Plant, coordinator of Sunnyvale Cares, stated the food from the garden has assisted the six food programs in Sunnyvale with free food. Plant stated relocating the garden would create years without this food supplement during the implementation phase of a new garden.  Plant stated she would like the garden to stay in its current location.

Strata Rose Chalup stated she supports the concept of an improved library; but thinks the library should be built up with several stories. Chalup encouraged Council to consider
multi-story options which could include some community meeting space and office space for City services. Chalup stated the Mountain View library is a cold and sterile place and it is her hope that the design elements currently existing at Sunnyvale are taken into consideration with any new design.  Chalup stated the soil at the community garden has been amended and developed over the past two years and therefore; moving the garden is not as simple as it sounds. All the work that has been done to the garden would need to be repeated at another location. Chalup stated she encourages Council to look at green roofing options regardless of what happens with the community garden.

Eric Fulda stated he is not against the new library, he just wants to be sure that the City obtains a state-of-the-art library. Fulda stated he is a volunteer at the garden and is in favor of the community garden staying in its current location. Fulda expressed his views on the benefits of the garden to the community.

Councilmember Hamilton confirmed with Director Barrow that the library will be state-of-the-art and built to meet the needs of the community in 2030. Fulda stated there are many questions as to the future of libraries.

Raman Nelakanti expressed support of the community garden and explained how much he has learned from fellow gardeners.

Dave Whittum stated his support of the community garden. Whittum inquired about branch libraries and stated he is not sold yet on the idea of new taxes to support a library. Whittum inquired if the Mozart building had been evaluated as a location for a branch library. Director Barrow stated the Mozart building was evaluated and at the time the building only had a couple of floors that could accommodate new tenants.

Tom Flaherty stated if Council were to move forward on the library this evening, there would still be another three to five years of work involved. Flaherty stated he supports the library idea and he is hopeful that a solution can be worked out with the community garden.

Greg Plant stated the cost of this project is very high and urged Council to take the time to look at the architectural options again.

Suzanna Sarasvati, member of the community garden, inquired why Council would exclude a branch library for north Sunnyvale. Sarasvati stated there is a learning connection with having the library coexist with the garden.

Alex McKele, President of Friends of the Library, stated the Friends of the Library fully support the new library and will work hard to make it happen.

Dan Hafeman stated a sustainable organic garden could not occur with a container gardening situation, which is what would occur with a rooftop garden. Hafeman stated Sunnyvale has the best soil and that soil condition could not be reproduced with a rooftop garden. Hafeman stated if the garden was moved to another location with real soil, it might work; however, the success of the Charles Street Gardens is due to the efforts of the volunteers which may be lost at another location. Hafeman stated when considering the new library, the garden is a precious gem the City needs to keep and work around.  Hafeman stated the only other option would be to move the garden to another location (in the immediate area) in order to access the native soil.

Yousef Karam stated he supports a new library, but not without the community garden.

Sandra Cook supports expanding the library and keeping the community garden. Cook stated the current library should be expanded instead of building a new one. Cook is in favor of a branch library and additional gardens in the community.

Marline Brodeur stated she supports the Charles Street community garden.

Cynthia Gingerich stated she would be willing to put the time and effort into moving the garden, but inquired as to how long it would take to construct the new garden. Gingerich stated moving the garden would be expensive and time-consuming and additionally, there would be a loss of momentum from the members.

Lori Jedda, Sunnyvale Library employee, stated she supports libraries, specifically the Sunnyvale library. Mayor Lee inquired what Jedda’s opinion was regarding the recommendation for a smaller library than what was originally proposed. Jedda stated she understands that recommendation came from the studies that were performed on what the community would actually support. Jedda stated she would prefer a larger library, but if the public will not support it then a smaller library (with the ability to expand in the future) is a great way to proceed with the project.

Corinna Shirk stated that Council has time to make the right decision. Shirk stated she does not believe that the current library could not be retrofitted to bring it up to the standards needed. If more space is needed, Shirk asked why the City does not consider using part of the parking lot and leave the garden where it is currently.

Councilmember Hamilton stated the reason the library is not able to be retrofitted is due to the incompatibility of state-of-the-art technology and the construction of the building (as the bricks block signals).

Jaya Gautam stated that her son obtains a sense of community from the garden. Gautam stated she will be a supporter of a new library, but wants the garden to remain.

Public hearing closed 10:02 p.m.

Councilmember Hamilton inquired as to the amount of discussion (other than the outreach meetings) that has occurred with the sustainable garden regarding the library project. Director Barrow stated staff did not hold specific meetings with the community garden members.

Councilmember Moylan stated staff recommendation for Alternative 7 seems like a combination of Alternatives 1 and 11, yet staff is also recommending Alternative 11. Councilmember Moylan stated Alternative 7 and 11 are redundent and asked why staff is recommending these two alternatives. Director Barrow stated staff wanted to offer a variety of choices (depending on what was selected) that would allow Council to move forward if they so desired. Director Barrow clarified that Alternative 1 is for the larger library (143,500 square foot); Alternative 7 is for a 116,000 square foot library, and Alternative 11 is for a ballot measure if Council wishes to move forward.

Councilmember Chu asked Director Barrow to explain why branch libraries were not considered and also what the hours and usage are for branch libraries in the surrounding community. Director Barrow stated branch libraries are an important part of a community. Sunnyvale did examine the prospect of a branch library very carefully with the assistance of consultants and the consensus was a that a successful branch library needed to be a specific size (24,000 square feet) in order to draw people. Director Barrow stated part of the issue was where to locate a branch library of this size and north Sunnyvale seemed to be a good location; however, staff did not identify a suitable location. Additionally, the cost for a branch library would be high; the operational costs would be considerable, and staff knew the main library still needed to be addressed. On April 24, 2007, Council directed staff to look at the possibility of branch libraries in the future, after the main library is built.

Councilmember Chu stated due to funding issues, branch libraries are closed more than
50 percent of the time, while cities attempt to maintain the main library.

MOTION: Councilmember Swegles moved and Councilmember Howe seconded to approve Alternative 7, 9, 11 and 15:

Alternative 7: Council accepts the plan for a new main library using the "Preferred Facility" option as a basis for a two-story library at Olive Ave. and Charles St., replacing the Sunnyvale Office Center and relocating the community garden to build a library facility at a cost up to $108M for a facility of approximately 116,000 square feet, funded by a General Obligation Bond with an average annual rate of less than $20 per $100,000 assessed valuation; the initial size of the library to correspond to the level of funds approved by voters, and with the capability of expanding the library up to 143,500 square feet

Alternative 9: Council directs staff to explore options, including previously recommended sites, with the Parks and Recreation Department as the lead department, for a new location in Sunnyvale for a community garden when the current lease expires for the Charles St. community garden in February 2011, or prior to the start of demolition and construction activities related to the new library to be constructed at Olive Ave. and Charles St.;

Alternative 11: Council directs staff to develop language for Council approval for a ballot measure for the City of Sunnyvale's November 2007 election, or a future election, proposing a General Obligation Bond to obtain $108M for construction funds for a new main library; and

Alternative No. 15: In order to eliminate the risk of building a library without an appropriate operating fund plan, Council directs staff to develop a strategy and return for Council approval before the end of February 2009, identifying potential funding sources for the additional operating costs for the Sunnyvale Library of the Future, including the possibility of private fundraising, and/or a Community Facilities District ballot measure for a future election with:

the community garden to remain in its current location (if at all possible) or staff to find a substitute location prior to October 2007.

Councilmember Howe stated he seconded the motion, but reserves the right to vote against the motion.

Councilmember Howe asked how many ballot measures have been put on the ballot at present. Senior Assistant City Attorney Berry stated the Charter amendments have several sub-parts that will be on the ballot.

Councilmember Chu stated there will be between six and eight ballot measures for the November 2007 election. 

Councilmember Howe questioned if Council should be adding another ballot measure on the ballot with the charter amendments and inquired if a reasonable education campaign could be effectively offered between June and November 2007.

Councilmember Swegles stated the reason to add the library measure to the November 2007 ballot is because of the cost increase if it is delayed. Currently the cost would be $38,000 compared to $205,000 to call a special election.

Councilmember Hamilton offered a friendly amendment to remove the section of the motion which relocates the community garden by October 2007. Councilmember Hamilton stated until the election in November, the City will not know what type of funding they will have available; therefore, rushing the design before knowing what the budget will be, will not best serve the garden’s interest.

Councilmember Swegles stated it is correct that the City has a lease with the garden members until 2011, but the longer Council waits to inform the gardeners of the direction the City is moving, the harder it will be on the gardeners knowing they have to move their gardens.

Councilmember Hamilton stated the City will not even know what the building plan will be until fourteen or fifteen months in the future. Councilmember Hamilton inquired as to what will happen if Council discovers the garden did not need to be moved. Councilmember Swegles stated that is why his motion stated that preserving the garden in its current location if possible is a priority. Councilmember Swegles stated by October 2007 he would like to see options as to what other locations could accommodate the garden (not that it will be moved).

Councilmember Hamilton stated she understood the motion to state whether or not the garden was to move. Councilmember Swegles stated the motion was to identify alternative locations for the garden prior to October 2007. Councilmember Hamilton confirmed with Councilmember Swegles that Council is not committing to anything because Council does not currently know how much funding might be available.

Councilmember Howe asked if the ballot measure comes forward, would the City Attorney’s Office be involved with the measure and the actual wording on the ballot. Senior City Attorney Berry stated that was correct and there would be a 75-word limit for the measure language on the ballot.

Councilmember Howe stated that Council talked about a possible bond issue going forward, which would most likely be some type of revenue generating measure going before the public. Councilmember Howe asked if Councilmember Swegles intention was to state to the public that if they vote for the bond, they will be asked to vote for maintenance funds. Councilmember Swegles confirmed with Director Barrow that was a question asked on the survey. Councilmember Howe confirmed with Councilmember Swegles that the maintenance funds will be covered in the bond issue.

Councilmember Moylan stated he understood that the motion approves the four staff alternatives; however, some of the descriptions do not seem to match. Alternative 7 states the community garden will be relocated and Alternative 9 states Parks and Recreation will handle the relocation of the garden using sites already proposed. Councilmember Moylan stated there would not be any new sites with this scenario, rather they would be sites that Council has already seen. Director Barrow clarified that Alternative 9 states that options will be explored for the relocation of the community garden, including previously recommended sites, so this alternative does not exclude other sites.

Councilmember Moylan offered a friendly amendment to change Alternative 9 to read: Council to explore options for a new location in the civic center area.

Councilmember Swegles did not accept the friendly amendment stating that he did not want to limit the location of the garden to the civic center.

Councilmember Moylan offered a friendly amendment to include Alternative 8 (instead of Alternative 7) because it retains the community garden until architectural designs for the new library define the site requirements for the library. Councilmember Moylan stated this alternative would limit the options of moving the garden around. 

Councilmember Swegles stated he will not accept the friendly amendment as he would like to keep options open if relocating the garden is necessary.

Councilmember Chu clarified that Councilmember Swegles motion includes the Board of Library Trustees recommendation for Alternative 7 (not staff recommendation Alternative 7).  Councilmember Swegles agreed.

Councilmember Chu offered a friendly amendment for Alternative 7 to state that the community garden will be maintained at its present location if possible. Councilmember Chu stated changing the wording slightly makes this a stronger positive statement.

Councilmember Swegles asked Director Barrow and the architects how much latitude would a change to the wording (as proposed by Councilmember Chu) give toward building the library. Director Barrow stated if Council would like more design options there will be additional costs because the current contract has been completed. Director Barrow stated the options that are listed imply that if the ballot measure passes, then Council would be able to look at a variety of options during the design phase (with the idea of looking at a real building at that time).

Friendly amendment accepted.

Councilmember Chu asked if the City has assumed that within the downtown area, this is the only site sufficient for a library of the proposed size. Director Barrow stated that was correct in terms of what is available to the City. Director Barrow stated the previous study issue offered options; however, there was a variety of things that could go wrong such as the City’s ability to purchase the property, willingness of an owner to sell the land needed, potential relocation costs for tenants, and a number of other factors that inhibited staff to obtain a potential cost. 

Councilmember Swegles stated there is a potential to move the library to the current location of City Hall and then the City offices to move to the current library site. 

Restated MOTION: Councilmember Swegles moved and Councilmember Howe seconded to approve Alternative 7, 9, 11 and 15:

Alternative 7 (as approved by the Board of Library Trustees): Council accepts the plan for a new main library using the "Preferred Facility" option as a basis for a two-story library at Olive Ave. and Charles St., replacing the Sunnyvale Office Center and relocating the community garden to build a library facility at a cost up to $108M for a facility of approximately 116,000 square feet, funded by a General Obligation Bond with an average annual rate of less than $20 per $100,000 assessed valuation; the initial size of the library to correspond to the level of funds approved by voters, and with the capability of expanding the library up to 143,500 square feet

with:

community garden will be maintained at its present location if possible.

add:

or staff to find a substitute location prior to October 2007.

Alternative 9: Council directs staff to explore options, including previously recommended sites, with the Parks and Recreation Department as the lead department, for a new location in Sunnyvale for a community garden when the current lease expires for the Charles St. community garden in February 2011, or prior to the start of demolition and construction activities related to the new library to be constructed at Olive Ave. and Charles St.;

Alternative 11: Council directs staff to develop language for Council approval for a ballot measure for the City of Sunnyvale's November 2007 election, or a future election, proposing a General Obligation Bond to obtain $108M for construction funds for a new main library; and

Alternative No. 15: Council directs staff to, in order to eliminate the risk of building a library without an appropriate operating fund plan, develop a strategy and return for Council approval before the end of February 2009, identifying potential funding sources for the additional operating costs for the Sunnyvale Library of the Future, including the possibility of private fundraising, and/or a Community Facilities District ballot measure for a future election.

Councilmember Chu stated it may be time to look at the cost of reviewing alternative designs and return to Council for further direction. Councilmember Chu stated Council needs to also start looking at other locations as well for the community garden which is more important than working on preservation of the current location. Currently, it is an unknown if the garden can stay but if the City were to have more than one community garden, a community garden would still exist. Councilmember Chu stated he would rather see community gardens all over the City than just in one location.

Councilmember Moylan stated he agrees with designing the library and garden around each other, which is what he understood Alternative 8 would provide. Councilmember Moylan stated he is convinced by Councilmember Howe’s argument against putting this on the ballot this year and he preferred Alternative 13 to 11. Councilmember Moylan stated this issue is about the library and the need for a larger, updated library. Councilmember Moylan stated libraries are not just about books and they will continue to be needed in the future.  Councilmember Moylan cited an example of a library at Stanford which has no books and is used heavily. Councilmember Moylan stated Sunnyvale should not be accepting second-class status in any aspect of the amenities that the City provides and the library is no exception. Councilmember Moylan cautioned that it is possible that the garden may have to be moved and reminded the garden members that from the beginning, Council made it clear that the land is on loan. However, Councilmember Moylan stated he does agree that there is synergy to be had between the library and the garden and that is why he preferred Alternative 8.

Councilmember Hamilton stated that she would like to see the community garden and the library work together to find a solution that will work for everyone. 

Director Barrow inquired as to the date for the ballot measure and Councilmember Swegles stated it will go as part of the November 2007 election.

VOTE: 5-1 (Councilmember Moylan dissented, Vice Mayor Spitaleri absent)

4.

RTC 07-214

Agreement with California Sports Center for Operation of Fremont High School Swim Pool

Superintendent of Recreation Nancy Bolgard Steward presented the staff report.

Councilmember Moylan stated it appeared that the definition of “Sunnyvale-based groups” should be included in Attachment A, section 1 of the staff report. 

Councilmember Moylan stated one of the options for a group to be a Sunnyvale-based group is to have a Sunnyvale business license. Councilmember Moylan asked if anyone who obtains a business license could be considered a Sunnyvale-based group or would the group have to be headquartered in Sunnyvale.

Superintendent Steward stated Item M (within Attachment A) lists the definition of a Sunnyvale-based group. Councilmember Moylan stated it appears that Item M should be re-written changing “or” to “and” so it would then read “Sunnyvale-based business/group” means any business located in Sunnyvale with a business license and any group whose membership consists of a minimum of 60 percent Sunnyvale residents. Councilmember Moylan explained that if someone wants to have a business, they will need a Sunnyvale business license anyway. The way it is currently written opens up the possibility for a business to have zero percent Sunnyvale residents as long as they have a Sunnyvale business license. Superintendent Steward stated the definition could be changed to read “and/or” because some organizations exist with a large Sunnyvale membership, but are not required to obtain a business license. 

Councilmember Swegles inquired if active military personnel could be included. City Manager Chan stated this is a policy issue and should be a study issue; however, City Council has the prerogative to make amendments to this agreement. City Manager Chan stated staff is not prepared this evening to offer a fiscal impact of this decision. 

Superintendent Steward stated in terms of consistency, offering non-residents a Sunnyvale resident discount would be inconsistent with the City’s policies on how fees are structured and established. Councilmember Swegles stated many cities allow military personnel to participate in City programs and he is not expecting a large number of military to come over from Moffett field. Superintendent Steward stated that for consistency, should Council approve the Sunnyvale discount to the military, Council may want to consider a discount for all recreation programs and not just the pool.

Councilmember Howe stated previously the Council approved open swim from noon to 5 p.m. on Sunday for July and August and inquired if this staff report changes that decision. Superintendent Steward stated the open swim program for this summer is a separate agreement with California Sports Center. Councilmember Howe inquired if going forward the proposal would be to have three hours of open swim on a Sunday during July and August. Superintendent Steward stated that decision depends on what option Council selects.

Councilmember Chu inquired as to what staff’s rationale was in proposing an eight-year contract as opposed to a five-year contract with option years. Superintendent Steward stated staff proposed an eight-year agreement to enable the California Sports Center to better establish their programs and service levels and to reduce the amount of work required of Council and staff in seeking, reviewing and negotiating and implementing a new agreement.  Superintendent Steward stated that additionally, California Sports Center has a proven record of successful swim programming and responsiveness to staff input and the swim community.

Councilmember Chu inquired if there is another definition for a Sunnyvale-based group that would include the board of directors who have a majority of Sunnyvale residents on the board. Superintendent Steward stated there could be a situation where the board of directors of a group has a majority of Sunnyvale residents and yet their membership is only 35 percent from Sunnyvale. Councilmember Chu stated his thought was to have both the membership and board of directors be required to have a majority of Sunnyvale residents. Superintendent Steward stated that would limit who would qualify as a Sunnyvale-based group.

Councilmember Chu inquired as to the rationale of switching from number of participants in the program to lane usage. Superintendent Steward stated staff does tracks participants, but lane hours are used because regardless of the number of participants, there is only so much space and time that can be allocated for any particular use. Councilmember Chu stated it is good to know the number of participants and Superintendent Steward stated a program measure exists for tracking participant hours.

Councilmember Hamilton inquired as to who verifies the 60 percent residency requirement for Sunnyvale-based groups. Superintendent Steward stated staff requires a membership roster or notarized list for proof that the proper percentage of residents exists for City programs. Councilmember Hamilton inquired how California Sports Center tracks their participants and Superintendent Steward stated she is not aware of how they verify residency.

Public hearing opened 11:20 p.m.

Dick Oliver, representing Parks and Recreation Commission, stated the commission held a special meeting on June 6, 2007 and voted 4-0 (Chair Kinder absent) to recommend approval of Alternative 1.

Holly Lofgren stated she is in favor of Option 1. Lofgren stated the staff report provides a minimum expectation of the programing of the big-five swim functions. However, the report made no mention of extending master swimming and Lofgren questioned if the operator intends to expand the master swim program, or does he intend to expand in other areas, and if so, which areas. 

Lofgren stated concerns over the definition of a Sunnyvale-based group. Lofgren questioned the definition of a business located in Sunnyvale and proposed a definition.

Lofgren stated there is no desire in the staff report to lower rates and it is assumed this will not be addressed again for eight years. Lofgren requested Council freeze the rates on open swimming for eight years against rate increases.

Lofgren stated since the request to have repairs completed within six months is not in the contract, she will note the date she turns in conditions and if not repaired within six months, she will contact the Parks and Recreation Department.

Lofgren referred to placement of the proposed awning over the entrance and stated concerns over the possibility of items such as metal or posts falling into the donor bricks during heavy winds. Lofgren stated that she is not going to take on the responsibility of repair oversight or repair costs for the donor bricks.

Lofgren stated the report did not address that the punch card needs to be viable. The standard is that the monthly punch card is advantageous if a person swims more than three times a week and Lofgren inquired if that is the operator’s intention because it is not in the report.

Councilmember Moylan asked if a monthly fee replaced a punch card, what would the negative be to that. Lofgren stated that swimmers want the flexibility of a punch card and do not want to feel like they are being pushed into a membership. Lofgren stated many swimmers do not want to take the risk of signing up for a monthly membership and like the flexibility of a punch card.

Councilmember Moylan asked for clarification from Lofgren as to what she is requesting. Lofgren stated she would like to have a verbal commitment from the contractor that it is his intention to keep the punch card viable. Lofgren stated she is not requesting a commitment that viability will be obtained if used three times a week, just that the card is viable for the user.

Councilmember Moylan asked if Lofgren had anything further to say and Lofgren inquired about the operating deficit in the staff report (and in a previous staff report of March 27, 2007) of $48,000 which are not out of pocket costs. Lofgren stated she spoke to two Councilmembers who did not understand that about the report. Lofgren stated that out-of-pocket expenses are not listed in the staff report, rather the costs are burdened with management overhead. Lofgren stated the real cost differential of operating the pool is hard to discern and additionally staff has never printed the figure for the cost savings of having moved the other lap swim programs to the City or to the new pool. 

Lofgren inquired if she could speak about the Sunnyvale Swim Team and Councilmember Moylan stated that can be considered part of his question. Lofgren stated she wished to express the intention from the Friends of the Fremont Pool’s point of view. The group always intended that swim team use at the 50-meter Fremont pool would be for a U.S. swim team. The size and stature needs of a U.S. swim team would warrant use of a large pool. Lofgren stated it would be ironic (not in a good way) if the U.S. swim team was required to rent space all over the community and yet, recreational swim teams were able to use the large pool. Lofgren stated she is not making a recommendation for the Sunnyvale Sun Swim Club, rather she is informing Council of the original intention for the Fremont Pool. Lofgren stated the U.S. Swim Team is more expensive, but provides the City a bigger benefit and stature.

Superintendent Steward clarified that lap swim information was provided to Council in a Friday report. Additionally, staff reviews all the fees on an annual basis with the contractor.  The Sunnyvale Swim Club does use other pools in the community. Lofgren stated she is aware the swim club uses other pools, but her point is that the pool never would have been built without the U.S. Swim Team.

Eelco Bergman, President of the Sunnyvale Swim Club, stated he reviewed the contract and has several concerns. Bergman stated the proposed change by staff from “or” to “and/or” within the definition of a Sunnyvale-based group does not alleviate the problem that any organization with a Sunnyvale business license will receive preferential treatment at the pool regardless of where the members of the organization are from. Bergman requested the definition be modified.

Bergman stated a concern over the eight-year term for the agreement and suggested that the term be shortened.

Bergman stated concerns over their ability to re-secure water resources at Fremont Pool at affordable rates.

Councilmember Swegles inquired what the total participation at the last swim meet (10 years and under) was. Bergman stated there were approximately 600 athletes (10 and under) and 1,500 attendees over a two-day event. Councilmember Swegles mentioned the City benefitted from the overnight lodging required.

Councilmember Moylan suggested changing the definition for Sunnyvale-based business to read as: 60 percent Sunnyvale residents as members and either a Sunnyvale business license or a majority of board members being Sunnyvale residents. Bergman stated that would work.

David Peterson, Director of California Sports Center, stated they will work to meet and exceed the expectations contained within the new contract. Peterson stated he urged Council’s support of Alternative 1.

Peterson stated he would like to address the comments and concerns that have been expressed. First, he will fully support anything the Council passes in support of the active military personnel and he may choose to do something for the military on his own. Peterson stated the term of eight-years was based on the City’s original request for proposal. Peterson stated a participation report to City staff is provided on a monthly basis. The residency verification is a challenge as no group that comes to the pool has openly provided addresses of their membership.

Councilmember Howe confirmed with Peterson that open swim is the lowest revenue producing program. Councilmember Howe confirmed that Peterson does anticipate that open swim next summer will cost around $2 and will welcome any assistance from the City.

A member of the public spoke about concerns over the amount of lanes available for lap swimming on Saturday and Sunday mornings during May through September. The member of the public stated that the six lanes available during this time is an insufficient basic level of service. The member of the public stated private swim clubs use four lanes of the pool during free swim on Sundays, which impacts the lap swimmers. Since the contract will run for eight years, Council needs to increase the number of open swim lanes to eight on the weekends during May through September.

The member of the public stated she also has concerns over cleanliness of the center and scum buildup. Councilmember Moylan inquired as to the remedy and the member of the public stated there should be a requirement in the agreement that at least every quarter the showers are cleaned and sanitized.

Public hearing closed 11:51 p.m.

Councilmember Howe inquired about the cleanliness of the pool. Superintendent Steward stated staff has spoken to the contractor who has a janitorial service that comes in every evening. Superintendent Steward stated the contractor has deep-cleaned the shower and locker room himself. Councilmember Howe asked if this facility is above or below the City standard at their pools. Superintendent Steward stated she does not know.

Councilmember Moylan questioned if there would be any problem with putting a clause in the contract specifying sanitizing the showers as the member of the public requested. Superintendent Steward stated that incorporated into the agreement is a section regarding evaluating maintenance of the swim pool building and customer satisfaction survey’s as a way to assess the cleanliness. Should staff receive unsatisfactory surveys, they would use those evaluations to return to the contractor and inquire as to what remedies he would propose. Superintendent Steward stated she is neutral on adding an additional cleanliness clause; however, the more that the City restricts a contractor, the less they are a contractor.

Councilmember Hamilton inquired why the endowment fund does not increase and Superintendent Steward stated it is based on the premise that the principal does not grow.

MOTION: Councilmember Howe moved and Councilmember Swegles seconded to approve Alternative 1:

·      Council approves Open Swim Monday – Friday for 2 hours/Day;

·      Council approves Open Swim Saturday and Sunday for 3 hours/Day;

·      Council approves the proposed agreement with California Sports Center as shown in attachment A, for operation of the Fremont High School Swimming Pool commencing on September 1, 2007, for a period of eight (8) years; and

·      Council approves an increase in the General Fund subsidy to the Community Recreation Fund for a total of $69,598 over the eight years of the agreement.

with addition of:

Sunnyvale-based group to be defined as having:

60 percent of members are Sunnyvale residents; and either

hold a Sunnyvale business license; or

a majority of board members are Sunnyvale residents.

Councilmember Swegles offered a friendly amendment to add military personnel to the swim program. Councilmember Howe inquired if Councilmember Swegles meant to include all other recreational programs for the military. Councilmember Swegles stated he did but was directing this request to the swimming issue currently being discussed. Councilmember Howe inquired if Councilmember Swegles would support a study issue. Director of Parks and Recreation David Lewis questioned if adding the military needed to be a requirement of the agreement for the next eight years. Director Lewis identified that the contractor stated he would be doing this on his own. Councilmember Swegles agreed with Director Lewis and stated he will bring this forward as a study issue instead, with the understanding that the contractor will extend the swim program to the military as he previously stated.

Councilmember Chu inquired how increasing the number of lanes would affect the contract. Director Lewis stated he would not be able to provide financial impact information; however, the lap lanes listed in the agreement are minimums. Director Lewis explained that staff attempted to give the contractor the latitude to operate the pool and his business. If a requirement on the number of lap lanes is added to the contract that would constitute a unilateral decision in which the contractor was not given an opportunity to respond.  Superintendent Steward stated the designated lanes would not be available to the contractor in September due to a City and Sunnyvale School District agreement.

Councilmember Chu stated the contractor referred to an eight year term followed by two five year terms and inquired about Council shortening the eight year term. Superintendent Steward stated the contractor is referring to the term of the agreement between the City and the Sunnyvale School District over a period of 25 years with 18 years left. Councilmember Chu confirmed the remaining 18 years in the agreement (between the City and Sunnyvale School District) could be divided differently and therefore, change the terms of the agreement with the contractor.

Councilmember Chu offered a friendly amendment to increase in the number of lanes for lap swim during the summer months. Director Lewis stated staff would not be able to speak on behalf of the contractor’s willingness to accept that request. Director Lewis stated concerns over renegotiating with contractor on this issue. Councilmember Chu inquired about changing the term of the agreement to six years and Director Lewis cautioned that this would also require the contractor’s approval.

City Manager Chan stated the City must be consistent with what was included in the request for proposal (RFP). Councilmember Chu confirmed with staff that the RFP stated up to eight years. Councilmember Chu confirmed with staff that it is not possible to change the term or the number of lanes this evening.

Councilmember Chu stated he would like to encourage the contractor to increase the number of lanes for lap swim during the summer months and that a six year term be considered.

Councilmember Hamilton inquired if the study issue proposed by Councilmember Swegles regarding the military comes forward, would Council be able to renegotiate the contract or, in other words, if Council changes City policy, will any changes automatically apply to the terms of this contract. Director Lewis stated the study issue would result in development of a policy on this issue and that policy would be geared toward the existing City-operated pools and other programs. Director Lewis stated that should the Fremont Pool be included in the policy, the contract would need to be renegotiated to see if the contractor was amenable to revising the contract to include the new policy.

Councilmember Hamilton inquired if any change could be dealt with at the annual review of the fees. Director Lewis stated a policy issue (that included other programs and pools) would need to be incorporated specifically into the agreement.

Councilmember Moylan questioned if a way to finesse the issue would be to have the result of the study issue define military personnel stationed in Sunnyvale considered as Sunnyvale residents, thus all language and existing agreements that refer to Sunnyvale residents would include local military personnel. Director Lewis agreed.

VOTE: 6-0 (Vice Mayor Spitaleri absent)

5.

ORDINANCE

RTC 07-221

2005-0105 – Akbar Abdollahi [Applicant/Owner]: Application for related proposals on a 13,802 square foot site located at 963 South Wolfe Road (near Maria Ln.) in an R-3 (Medium Density Residential) Zoning District (Negative Declaration)

·      Rezone from R-3 (Medium Density Residential) to R-3/PD (Medium Density Residential/Planned Development) Zoning District;

·      Special Development Permit to allow the construction of six townhomes;

·      Tentative map to subdivide one lot into six lots and one common lot; and

Variance to allow for use of individual solid waste and recycling carts instead of centralized waste enclosure

By earlier motion, this item continued to Council meeting of July 10, 2007.

6.

RTC 07-212

Adoption of the FY 2007/2008 Budget, Master Fee Schedule, and Appropriations Limit

Councilmember Hamilton requested to continue this item to June 26, 2007. 

Councilmember Swegles stated he will not be in town next week.

Councilmember Howe stated Council had an opportunity to move this item to earlier in the evening and at this point it is not fair to postpone this item.

Budget Analyst Drew Corbett presented the staff report. Budget Analyst Corbett stated Council’s actions this evening include to consider and take actions on proposed fee changes; adopt by resolution the FY2007/2008 appropriations limit, and adopt the Fiscal Year 2007/2008 budget.

Councilmember Swegles confirmed there is a typographical error on the proposed golf fees in the staff report attachments and Director Lewis agreed it will be corrected.

Budget Analyst Corbett stated the total request for additional funding from outside groups is $175,497 of which $100,000 has been included in the City’s recommended budget for outside group funding. Budget Analyst Corbett stated Council will allocate the $100,000 to specific groups this evening; however, if Council wishes to approve funding over the budgeted amount, they must identify the funding source for any amounts over $100,000.

Budget Analyst Corbett stated additional changes to the budget should be treated as amendments.

Councilmember Swegles stated he would like to approve the budget and separate out the group funding.

Councilmember Howe stated if Council approves the budget with the exception of outside group funding, water, and the downtown, he will second the motion.

Councilmember Chu stated he wished to inform the public that public hearing on the budget was taken two weeks ago and therefore, public comment will not be opened this evening.

MOTION: Councilmember Howe moved and Councilmember Swegles seconded to adopt the fee changes as listed in Attachment A of the staff report (Resolution fixing and establishing fees, rates, and charges for goods and services provided by the City of Sunnyvale)

with

correction to the typograpichal error on the proposed fee schedule for the $2.00 golf fee change.

VOTE: 6-0 (Vice Mayor Spitaleri absent)

MOTION: Councilmember Howe moved and Councilmember Swegles seconded to approve a resolution establishing the appropriations limit for Fiscal Year 07/08 pursuant to Article XIII-B of the California Constitution (Attachment C of the staff report).

VOTE: 6-0 (Vice Mayor Spitaleri absent)

MOTION: Councilmember Howe moved and Councilmember Swegles seconded to approve the Fiscal Year 07/08 Budget by Resolution (Attachment B of the staff report)

with

exceptions of Outside Group Funding, water features in the parks, and downtown street cleaning.

VOTE: 6-0 (Vice Mayor Spitaleri absent)

MOTION: Councilmember Howe moved and Councilmember Swegles seconded to approve that the Outside Group Funding be limited to $100,000 (plus or minus $100) from the General Fund.

VOTE: 6-0 (Vice Mayor Spitaleri absent)

MOTION: Councilmember Swegles moved and Councilmember Howe seconded to approve the following changes to the Outside Group Funding requests for budget supplements and additional General Funds (as requested during the public hearing):

Case Management for Seniors – reduce request from $57,147 to $26,000

Euphrat Museum’s After School Arts Program – reduce request from $12,298 to $6,000

Family & Children Services – reduce request from $9,270 to $3,000

Cupertino Community Services – no additional funding (request was for $767)

Call 2-1-1 Santa Clara Valley – no additional funding (request was for $15,000)

Sunnyvale Alliance Soccer Club Fee Waiver – no additional funding (request was for $5,000)

Sunnyvale Community Services – approve request of $30,471 for budget supplement and reduce additional General Funds from $10,000 to $8,000

Junior Achievement - reduce request from $10,740 to $8,740

Leadership Sunnyvale - reduce request from $10,000 to $8,000

Silicon Valley Joint Venture – reduce request for additional General Funds from $10,000 to $5,000

EHC LifeBuilders (Emerg. Hsg Consortium) – approve $2,888 (budget supplement as requested)

Second Harvest Food Bank (Brown Bag) – approve $280 (budget supplement as requested)

Support Network for Battered Women – approve $1,636 (budget supplement as requested)

Councilmember Chu offered a friendly amendment to increase Euphrat Museum’s After School Arts Program to $10,000 (instead of the $6,000 as listed in the motion) so that it reflects the $2,000 reduction as with most other non-City service requests. Councilmember Chu continued that to offset this increase, the allocation to Sunnyvale Community Services shall be reduced to $4,000 (instead of the $8,000 as listed in the motion).

Councilmember Swegles stated he will not accept the friendly amendment because he checked into the number of programs the City already offers for after school programs and the amount of participation the arts program is receiving.

Councilmember Moylan stated he wished to remind the public that the reason there was some discrepancy between staff and the Housing and Human Services Commission recommendations was because each group felt they had different charges. Staff recommended funding on specific need areas identified by Council, and the commission looked at which groups were most effective at delivering services.

Councilmember Moylan offered a friendly amendment to adjust Junior Achievement to receive $7,000 and Sunnyvale Community Services to receive a total of $40,000. Councilmember Moylan stated his reasoning is that the programs which have been most effective for citizens who are in need is where funding should be concentrated. Councilmember Moylan stated that Junior Achievement is not affecting needy people at all, rather the program explains how to run a business to children. Councilmember Swegles stated Junior Achievement is more than how to run a business.

Councilmember Swegles did not accept the friendly amendment.

Councilmember Swegles offered an adjustment to Councilmember Moylan’s request, to reduce the amount made in the motion for Junior Achievement to $8,000 (from $8,740) and increase the total amount made in the motion for Sunnyvale Community Services to $39,211 (from 38,471).

Councilmember Moylan agreed.

Councilmember Howe accepted the friendly amendment with the adjustment.

Councilmember Chu stated the arts are important and he will not be supporting the motion. Councilmember Chu stated the Euphrat Museum’s After School Arts Program serves five elementary schools that have close to 50 percent at-risk children enrolled and this program is worthy of more support. Councilmember Chu stated this program is about to receive a
50 percent reduction by this motion and it should not receive more of reduction than any other programs (which have received 20 percent reductions).

Councilmember Moylan stated he will support the motion because the Euphrat program does not provide arts for everyone, rather only a small percentage of the population. Councilmember Moylan stated at-risk youth are not in need of arts more than the entire society.

Councilmember Moylan stated block grant funding is being cut every year and the current situation is unsustainable. Councilmember Moylan requested a study issue about what the City’s role is in funding outside groups. Councilmember Moylan questioned if there are some groups that the City has to stop assisting; if there are other groups the City must assist, and what the implications are on the City’s budget. Councilmember Swegles stated he will
co-sponsor this study issue.

Councilmember Hamilton stated she will not support the motion because although she agrees that society as a whole needs more arts, she disagrees that a program serving
at-risk children is not also an important program. Councilmember Hamilton stated she disagrees with any cuts to Junior Achievement and the arts program at Euphrat Museum.

Mayor Lee stated he agrees with Councilmember Chu and Hamilton regarding the arts program at the Euphrat Museum. Mayor Lee stated a reduction for this program is necessary, but the current motion is too drastic.

Mayor Lee stated that Council’s vote will be split and therefore he is looking for a way to move the motion forward. Mayor Lee inquired as to the total amount that
Joint Venture: Silicon Valley Network’s requested for funding and City Manager Chan stated it was a late entry. Mayor Lee confirmed that this organization was late in applying and originally asked for $10,000 and they were approved for $8,000. Councilmember Swegles stated the funding was cut to $5,000. Mayor Lee stated this group was late and if Council were to reduce the funding to this group and move it toward Euphrat Museum’s program this would be a way to encourage groups to send in timely funding requests.

Councilmember Swegles offered a compromise to his motion by reducing Silicon Valley Joint Venture Network to $2,000 and increase Euphrat Museum’s After School Arts Program to $9,000.

Councilmember Howe stated the amendment is acceptable to the second.

Councilmember Chu inquired what last year’s funding was for Silicon Valley Joint Venture Network and Director Bradley stated it was $5,000. Councilmember Chu stated that the compromise is acceptable to him; however, he would like to offer an amendment to return the $740 back to Junior Achievement, thereby correcting Junior Achievement back to $8,740 and Sunnyvale Community Services to $38,471.

Councilmember Hamilton agreed with Councilmember Chu and stated that $740 will go a lot further for Junior Achievement than Sunnyvale Community Services. 

Councilmember Moylan stated that $740 will make a huge difference for an impoverished person served by Sunnyvale Community Services, rather than funding a business coming into a school and telling children how to run a business. Councilmember Moylan stated there are not any at-risk children involved with Junior Achievement and the statement that an increase to Junior Achievement will go further than if the funds were given to Sunnyvale Community Services is completely false.

Councilmember Swegles stated as maker of the motion, he will recall the question from Councilmember Chu.

Restated MOTION: Councilmember Swegles moved and Councilmember Howe seconded to appprove the following changes to the Outside Group Funding requests for budget supplements and additional General Funds (as requested during the public hearing):

Case Management for Seniors – reduce request from $57,147 to $26,000

Euphrat Museum’s After School Arts Program – reduce request from $12,298 to $9,000

Family & Children Services – reduce request from $9,270 to $3,000

Cupertino Community Services – no additional funding (request was for $767)

Call 2-1-1 Santa Clara Valley – no additional funding (request was for $15,000)

Sunnyvale Alliance Soccer Club Fee Waiver – no additional funding (request was for $5,000)

Sunnyvale Community Services – approve request of $30,471 for budget supplement and reduce additional General Funds from $10,000 to $8,740 for a total of $39,211

Junior Achievement - reduce request from $10,740 to $8,000

Leadership Sunnyvale - reduce request from $10,000 to $8,000

Silicon Valley Joint Venture – reduce request for additional General Funds from $10,000 to $2,000

EHC LifeBuilders (Emergency Housing Consortium) – approve $2,888 (budget supplement as requested)

Second Harvest Food Bank (Brown Bag) – approve $280 (budget supplement as requested)

Support Network for Battered Women – approve $1,636 (budget supplement as requested)

VOTE: 6-0 (Vice Mayor Spitaleri absent)

MOTION: Councilmember Chu moved and Councilmember Howe seconded not to fund water features in the parks for Fiscal Year 07/08.

VOTE: 6-0 (Vice Mayor Spitaleri absent)

MOTION: Councilmember Chu moved and Councilmember Howe seconded to approve funding for the Murphy Avenue Enhanced Maintenance and Tree Lighting for Fiscal Year 07/08.

VOTE: 6-0 (Vice Mayor Spitaleri absent)

City Manager Chan thanked Council for their leadership in approving the budget and staff for their hard work.

7.

RTC 07-215

International Friendly Exchange Relations (Council Policy Issue)

By earlier motion, this item continued to Council meeting of July 10, 2007.

COUNCIL:

None

STAFF:

City Manager Chan stated earlier this evening a public speaker mentioned that he had concerns over an information item was posted on the City’s Web site and as a result, Council provided direction to staff to pull the report off the Web site. City Manager Chan stated staff checked the Web site and found that the information item had not been posted. City Manager Chan stated she will investigate why the item was not posted but she wanted to inform Council that the report has not been on the Web site.