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,