APPROVED Minutes

SUNNYVALE CITY COUNCIL MEETING

TUESDAY, MAY 1, 2007

 

 

6 P.M. SPECIAL COUNCIL MEETING (Study Session) - 2ND Quarter Intergovernmental Relations (IGR) Update

 

7 P.M. REGULAR MEETING

 

SALUTE TO THE FLAG

 

Mayor Lee led the Salute to the Flag

 

ROLL CALL

PRESENT:

Mayor Otto Lee

Vice Mayor Anthony Spitaleri

Councilmember John Howe

Councilmember Dean J. Chu

Councilmember Ron Swegles

Councilmember Melinda Hamilton

Councilmember Christopher Moylan

 

ABSENT:

None

STAFF PRESENT:

Amy Chan, City Manager

Robert Walker, Assistant City Manager

David Kahn, City Attorney

Robert Paternoster, Director of Community Development

Jack Witthaus, Transportation/Traffic Manager

Steve Lynch, Senior Planner

Trudi Ryan, Planning Officer

Jim Craig, Superintendent of Field Services

Andrew Miner, Principal Planner

Erwin Young, Director of Human Resources

Katherine Bradshaw Chappelear, City Clerk

SPECIAL ORDER OF THE DAY

 

Department of Public Safety Distinguished Service Awards

 

PUBLIC ANNOUNCEMENTS

 

Councilmember Howe announced Sunnyvale’s long-time residents will be honored on June 6, 2007.

 

Councilmember Swegles announced the City of Sunnyvale will host the Health and Safety Fair on May 12, 2007 at the Columbia Neighborhood Center.

 

Councilmember Swegles announced that applications for current openings on the City’s boards and commissions will be accepted through 5 p.m. on May 11, 2007..

 

Councilmember Swegles announced the Kiwanis Club of Sunnyvale will host a spring brunch at the Sunnyvale Municipal Golf Course on May 6, 2007.

 

CONSENT CALENDAR

 

Councilmember Howe removed Item 1.I.

 

MOTION: Vice Mayor Spitaleri moved and Councilmember Howe seconded to approve the Consent Calendar with the exception of Item 1.I.

 

VOTE: 7-0

1.A.

Approval of Information/Action Items – Council Directions to Staff

Fiscal Items

1.B.

RTC 07-142

List of Claims and Bills Approved for Payment by the City Manager – List No. 347

 

 

Staff Recommendation: Council reviews the attached list of bills.

 

1.C.

RTC 07-143

City of Sunnyvale Investment Report 1st Quarter 2007

 

Staff Recommendation: Council receives and files the City of Sunnyvale Investment Report.

Personnel

 

1.D.

RTC 07-146

Authorization to Extend an Existing Contract for Third Party Administration Services for Workers’ Compensation Claims

 

 

Staff Recommendation: Council authorizes a one-year extension of an existing contract with Gregory B. Bragg & Associates in substantially the same form as the attached Agreement Amendment and in an amount not to exceed $250,504 during the extension period, for third party workers’ compensation claims administration services.

 

1.E.

RTC 07-145

Amendment of City Attorney Agreement for Services

 

 

Staff Recommendation: Council authorizes the Mayor to execute the Amendment to the City Attorney’s Service Agreement.

 

Contracts

1.F.

RTC 07-141

 

Award of Bid No. F0603-79 to Remodel the City Hall Annex

 

Staff Recommendation:

·         Council awards a contract, in substantially the same form as the attached draft and in the amount of $60,808, to Kuehne Construction to remodel the City Hall Annex; and

·         Council approves a project contingency in the amount of $9,121.

 

1.G.

RTC 07-152

 

Award of Bid No. F0603-81 for Water Main Replacement at Colusa Avenue and San Simeon Street

 

 

Staff Recommendation:

·         Council awards a contract, in substantially the same form as the attached draft and in an amount of $325,000, to Fermin Sierra Construction, Inc., for water main replacement at Colusa Avenue and San Simeon Street; and

·         Council approves a project contingency in the amount of $48,750.

Other Items

 

1.H.

RTC 07-137

 

Request Appropriation of Transportation Development Act (TDA) Funds to the Evelyn Avenue Bicycle Lanes Project–Budget Modification No. 45

 

 

Staff Recommendation: Council approves Budget Modification No. 45 to recognize and appropriate TDA funds in the amount of $42,053 to the Evelyn Avenue Bicycle Lanes project.

 

 

1.I.

RTC 07-140

 

Approval to Apply for Santa Clara Valley Transportation Authority Community Design and Transportation Program Grant Funding

 

 

Councilmember Howe stated that the staff report mentions “due to grant deadline requirements, City Council did not take action to authorize the filing of the grant request prior to submittal of grant materials.” Councilmember Howe inquired if City Council had held up the submittal of the grant. Transportation/Traffic Manager Jack Witthaus stated Council had not.


Mayor Lee opened public comments. No one wished to speak and Mayor Lee closed public comments.

 

Councilmember Howe asked the City Attorney if a correction to the statement that “City Council did not take action” could be accomplished by a motion requesting that staff amend this report and that the amendment also be reflected in the minutes. David Kahn, City Attorney stated there would not be any issue with amending the staff report as suggested by Councilmember Howe.

 

MOTION: Councilmember Howe moved and Councilmember Moylan seconded to approve staff recommendation: Council authorizes the Department of Public Works to proceed with the Community Design and Transportation (CD/T) grant applications

with addition of:

a correction (as underlined and bolded) to the staff report, page 1 (under Background) “Due to grant deadline requirements, City Council did not take action…” to “Due to grant deadline requirements, City Council did not have an opportunity...” Council directs staff to amend the report to Council and have the amendment reflected in the minutes of tonight’s meeting.

 

Councilmember Hamilton stated that the reports were due to the Santa Clara Valley Transportation Authority (VTA) by April 6, 2007 and she confirmed with staff that an application was actually submitted by that date.

 

Councilmember Hamilton inquired if the reason Council is looking at this item after April 6, 2007 is because staff would not have been able to wait for Council’s approval because of timing issues, but that the VTA has stated they would accept a resolution until September 7. Witthaus confirmed that was accurate.

 

Witthaus stated he understands the wording is awkward. He explained that City policy states that staff shall bring grant applications to City Council before they are submitted and staff strives to adhere to this policy. However, in this case the application timelines were constrained, and staff did not have time to prepare a report before the grant deadline; therefore, staff went ahead and submitted the applications in order not to miss an opportunity. Staff is now following up by coming back to Council with what was submitted.

 

*VOICE VOTE: 7-0

(*due to voting equipment malfunction, a voice vote was taken)

 

1.J.

ORDINANCE

No. 2832-07

 

Adoption of Ordinance No. 2832-07 Amending the Precise Zoning Plan, Zoning Districts Map, to Rezone Certain Property Located at 102 Cumulus Avenue from R-0 (Low Density Residential) to R-0/PD (Low Density Residential/Planned Development) Zoning District

 

 

Staff Recommendation: Council approves second reading of Ordinance No. 2832-07.

 

1.K.

ORDINANCE

No. 2833-07

 

Adoption of Ordinance No. 2833-07 Awarding Nonexclusive Franchise to Jeffrey Browning and Amandeep Kaur (Acme Yellow LLC), Doing Business as Acme Cab

 

 

Staff Recommendation: Council approves second reading of Ordinance No. 2833-07.

 

1.L.

ORDINANCE

No. 2834-07

Adoption of Ordinance No. 2834-07 Awarding Nonexclusive Franchise to Gurdeep Singh and Sher Jagraj Singh, Doing Business as American Cab Company

 

 

Staff Recommendation: Council approves second reading of Ordinance No. 2834-07.

 

STAFF RESPONSES TO PRIOR PUBLIC COMMENTS

 

None

 

PUBLIC COMMENTS

 

Werner Gans stated there are questions that still need to be asked about the proposed library such as what size library the City can afford and what the metrics for sizing a library should be (it appears to be based on population, which Gans does not agree with). Gans stated the new Santa Clara Library serves as a great example of a library and urged Council to visit this facility. Gans stated his concern that the City does not have another plan in place for an affordable library, because he does not believe the City will be able to fund what is being proposed.

 

Richard Santos, Santa Clara Valley Water District Director, wished to speak on item 8, but could not stay for the item. Mayor Lee granted approval for Santos to speak on item 8 at this time due to his time constraints.

 

Santos stated the Santa Clara Valley Water District Board of Directors congratulates Council for their support in considering the resolution adopting the water resources protection collaborative – Guidelines and Standards for Land Use Near Streams, and for integrating the standards into City’s processes. Santos commended staff for their efforts and urged Council to continue their support.

 

PUBLIC HEARINGS/GENERAL BUSINESS

 

2.

ORDINANCE

RESOLUTION

RTC 07-149

2007–0227: Sand Hill Property Company [Applicant] Fourth Quarter Properties XLVII (Partnership Common Name: Forum Development Group), Target Corporation, Sun Town Center Properties Corp. (Macy’s) and Sunnyvale Redevelopment Agency [Property Owners]. Application for Specific Plan Amendment and associated text amendments to Title 19 (Zoning) of the Sunnyvale Municipal Code and Downtown Specific Plan (DSP) for the addition of a new hotel with a maximum of 200 rooms and an increase in maximum amount of allowed office square footage from 282,000 up to 322,000 in DSP Block 18

 

 

Senior Planner Steve Lynch presented the staff report.

 

Councilmember Swegles confirmed with staff that for the special development permit, the office space is increasing, but that the retail is not being reduced. Senior Planner Lynch stated that the retail may be reduced with a modified site plan if the developer chooses to locate the office space where there is now retail. However, at this point what is before Council is the approval of downtown specific plan entitlements over and above what is already allowed.

 

Councilmember Swegles inquired about the possibility of having a grocery store in this project as he did not see that addressed in the staff report. Councilmember Swegles also inquired if the grocery store should be addressed in the staff report by Council input or suggestions. Planning Officer Trudi Ryan stated a grocery store is permitted with the existing special development permit but not required. If Council wishes to add a policy statement that would encourage the location of a grocery store, it would be appropriate to include in their action this evening. Staff suggests an encouragement rather than a requirement due to potential changes that staff would not be able to anticipate.

 

Councilmember Swegles confirmed with Planning Officer Ryan that a grocery store would be considered as retail within this project.

 

Councilmember Hamilton stated the staff report identifies 87 proposed additional parking places for the potential hotel and inquired if the proposed parking spaces were in addition to underground parking that has already been approved for the project. Director Paternoster stated that parking is not a decision (regarding the site plan) before Council this evening; rather the decision is whether or not a hotel should be included. Should the hotel be approved, the developer expects to add 87 additional parking spaces underground specifically for hotel guests and employee parking. If that occurs, it will come before the Planning Commission as a revised site plan.

 

Councilmember Hamilton stated the staff report mentioned that the hotel would displace retail on the second floor and inquired where the displaced retail could be relocated. Senior Planner Lynch stated there is a proposed grocery store with two levels of office above it; however, certainly a second level of retail could go above the grocery store such as a restaurant or health club. Adding levels to existing buildings would be the likely location where retail could be added.

 

Councilmember Hamilton spoke about Planning Commission recommendation 3 (page 11 of staff report) and inquired if there is a similar constraint on any other hotel in the City. Senior Planner Lynch stated there was not and added that this is a forward-looking recommendation. If adopted, any major hotel would be invited or encouraged to sit on such a board.

 

Councilmember Hamilton inquired about what size the hotel would be compared to hotels in the City. Senior Planner Lynch stated the proposed hotel would be on the larger size and would be considered to be a cut above other hotels in the area.

 

Councilmember Hamilton inquired about Planning Commission recommendation 4 regarding height limits and inquired if the height limit would be a realistic condition of approval considering the displacement of retail. Planning Officer Ryan stated the hotel (as currently proposed by the applicant) would be higher than the other buildings in the Town Center project. Staff advised the Planning Commission that they should consider this recommendation as general direction. Therefore, when the final application comes to the Planning Commission, if there is a need for some changes in height (in order to accommodate different packaging for the various uses on the site) the Planning Commission can allow these changes. Staff expressed caution to the Planning Commission not to make this recommendation absolute.

 

Councilmember Hamilton asked what the impact of approving a hotel would be if it is not specifically called out in the Environmental Impact Report (EIR). Senior Planner Lynch stated staff looked at the square footage studied through the EIR (never approved through the downtown specific plan) and studied the intensities such as traffic and found the hotel was generally on the same order. Of the levels of intensity studied under the EIR, the biggest impact is traffic circulation.

 

Vice Mayor Spitaleri inquired if the square footage taken away from retail space for the hotel will be placed elsewhere in the project. Senior Planner Lynch stated the developer is showing approximately 70,000 square feet to be displaced by the hotel and office space. The retail that is lost is the first level of the hotel and the first level of office above the grocery store. In both locations there had been second level retail proposed seen as a health club or second tier type retail. The site plan has not been finalized, as staff pressed the developer to come forward with a set of plans in order to conceptually understand where they were planning to put the hotel in the project. The developer’s final set of plans will come back to the Planning Commission and it is likely some retail will be lost with the addition of the hotel.

 

Vice Mayor Spitaleri inquired as to what amount of retail staff believed they would lose. Senior Planner Lynch stated he is not able to guess at this point. Director Paternoster stated they do not have a figure as yet and that the plans are due to be filed on May 11 and will be brought before City Council on May 22. Council will be able to see the proposal before Planning Commission takes action which is scheduled for June 2007.

 

Councilmember Howe inquired if the City has any transportation demand-management programs for residential. Planning Officer Ryan stated the City has requirements for developments (near transportation hubs) to provide information on alternative modes of transportation to encourage fewer trips, but there is not an existing transportation demand-management program.

 

Councilmember Howe inquired if the City has any transportation demand-management programs for retail. Planning Officer Ryan stated there is not an existing program; however, the special development permit (approved for the town center) will require a transportation demand-management program for the entire center, which will include retail, office, residential, and the hotel if approved.

 

Councilmember Howe inquired if there was anything included in the special development permit that deals with the transient occupancy tax (TOT) and Planning Officer Ryan stated there was not.

 

Councilmember Howe confirmed with Planning Officer Ryan that Planning Commission recommendation 3 is an attempt to set policy for the City. Councilmember Howe stated the Planning Commission should stick to land-use issues and leave policy issues to the Council.

 

Councilmember Hamilton inquired if the footprint of the hotel building would need to enlarge in order to accommodate the lobby. Senior Planner Lynch stated it may become a little larger; however, the lobby will be fairly small and the true lobby will be on the second floor. Director Paternoster stated a great deal of the ground floor will be retail (such as a potential restaurant). Director Paternoster stated the Planning Commission recommendations are not conditions of approval, rather just suggestions to the developer to let them know what the Planning Commission will be looking at when they review the plans.

 

Public hearing opened 7:55 p.m.

 

Peter Pau, Sand Hill Properties and REEF, thanked staff for their assistance.

 

Pau stated his support and reasons for adding a hotel to the Town Center. Pau stated there will be a loss to some of the second floor retail, but this space was put in by the previous developer (to fill floor space) and was not the best quality retail. Pau stated the space would be replaced by high quality hotel space.

 

Pau confirmed that underground parking would be added for the hotel along with some on-grade parking (based on a suggestion by Macy’s) and additional spaces for use by companies who occupy the office spaces. Pau stated there will be 100 parking spaces and as a result an additional parking deck will be added.

 

Pau spoke about the Planning Commission recommendations and stated there are not any plans to further increase the height of any buildings. The hotel (which will be taller than the retail on the second floor) and the additional parking level will be the only height adjustments. The hotel will be five stories from grade level.

 

Councilmember Howe asked Pau what the anticipated amount of hotel rooms would be if the hotel were to be approved. Pau stated there would not be less than 150 rooms due to efficiency and the room count would probably be closer to 200. If approved, the hotel would not materialize until 2010. Pau stated the hotel would be first class and nicer than any hotel in the surrounding area.

 

Councilmember Swegles inquired about green building and Pau stated his company is building two other hotels that meet green standards. Pau stated they are also building green for the office buildings and residential. Pau stated it is easier to build the hotel with green standards because his company will control everything on this project.

 

Councilmember Hamilton confirmed with Pau that the previous plan had too much second level retail floor space.

 

Councilmember Hamilton inquired about height of the project and Pau stated his company plans to place two-levels of office on top of the market in order to achieve the proper scale and proportion as identified in the staff report. The remainder of the buildings will be the same height with the exception of the additional parking deck (a one level addition).

 

Councilmember Chu confirmed that Pau plans to add underground parking at the corner of McKinley and Murphy (where previously there was not any underground parking) and then at the parking structure along Mathilda, the parking behind the office spaces will be raised one level.

 

Mayor Lee confirmed the proposed hotel would be smaller, but similar in concept to the Hotel Valencia located at Santana Row in San Jose.

 

Mayor Lee inquired what amount of retail space will be reduced and Pau stated the leasing office is having a difficult time identifying second floor retailers and he is waiting to see if they will be able to obtain retailers. Should a desirable retailer come forward and wanted to take the second floor, Pau would replace the proposed office space with that retailer, but he would keep the hotel.

 

Mayor Lee inquired as to when the demolition would take place and Pau stated they have the permit in hand and as soon as Macy’s approves the demolition, Pau will proceed. Mayor Lee requested Pau keep the Council posted as to when the demolition will occur.

 

Arthur Schwartz stated his concern over the increase in commercial space within this project and would like the original project of 282,000 square feet maintained. Schwartz requested that the entrance and exit locations for the parking garages be widely separated to allow for one-way travel. Schwartz explained he is concerned over the location of the hotel because it would be near residences, and suggested that it be located on Washington Street (between Murphy and Sunnyvale Avenues). Schwartz stated he submitted his additional suggestions and concerns in a letter to Council and the developer.

 

Pau made final comments on this project and stated he is looking forward to bringing the project proposal before the Planning Commission.

 

Mayor Lee inquired if this project has been the most efficient he has worked on and Pau stated the City has been very cooperative and followed through on what they agreed to do from the start. He has not experienced this with the other cities that he has worked with. City staff has been very proficient and professional.

 

Public hearing closed 8:27 p.m.

 

Councilmember Swegles stated the Planning Commission did not make a recommendation about a grocery store and inquired if it would be appropriate for Council to add a recommendation at this time. Planning Officer Ryan stated if the Council wishes to make any recommendations or policy statements for inclusion in the specific plan, this would be the proper time to do so.

 

MOTION: Vice Mayor Spitaleri moved and Councilmember Howe seconded to approve Alternative 1: Council approves a Resolution to amend the Downtown Specific Plan for Block 18 and introduce an ordinance to increase the intensity of Block 18 by an additional 40,000 square feet of office and a new hotel with up to 200 rooms.

 

Councilmember Howe offered a friendly amendment to encourage the inclusion of a grocery store in Block 18.

 

Friendly amendment accepted.

 

Councilmember Hamilton inquired if the motion included the Planning Commission’s recommendations and Vice Mayor Spitaleri stated the motion does not include the recommendations.

 

Councilmember Hamilton offered a friendly amendment to include Planning Commission recommendations 1, 2, 4, 5, and 6 as suggestions to the developer.

 

City Manager Amy Chan stated it is Council’s prerogative to include these items; however, it probably would be best to include these when Council considers the site plan. Council could add language to encourage the developer.

 

Councilmember Hamilton stated she encourages the developer to take the Planning Commission recommendations 1, 2, 4, 5 and 6 into consideration when developing the site plan.

 

City Manager Chan stated the site plan will not come back to Council for approval; however, staff will hold a study session with Council to answer questions before Planning Commission consideration of the proposed plan. This project would only come back to Council if the public or a member of the Council appealed the Planning Commission’s decision.

 

Councilmember Hamilton stated she will withdraw her friendly amendment; however, it is her intent that these recommendations will come back to Council during the study session.

 

City Clerk Katherine Chappelear read the title of the ordinance into the record.

 

VOTE: 7-0

 

3.

RTC 07-144

Request from the City of Cupertino for Additional Funding of the Mary Avenue Bicycle/Pedestrian Over-crossing Project

 

 

Transportation/Traffic Manager Witthaus presented the staff report.

 

Councilmember Moylan inquired as to what staff would recommend should the City of Cupertino not receive additional funding from the Santa Clara Valley Transportation Authority (VTA) and/or from other sources and the project was unable to proceed. Witthaus stated that would be a policy decision for Council.

 

Councilmember Hamilton inquired as to why the construction cost for the Mary Avenue Bicycle and Pedestrian Over-crossing Project had increased. Witthaus stated the increase was because quite a bit of time has passed (which created increased construction costs) and the costs also increased due to more detailed development plans.

 

Councilmember Hamilton stated the City of Cupertino has received half of the payment from the City of Sunnyvale toward design and construction of the bridge; however, the project has either not gone out to bid or was just released for bids.

 

Councilmember Chu confirmed with Witthaus that, in theory, the City could turn over its allocation from VTA to another City. Witthaus explained that the City would not actually apply for funding; rather we would state that we are turning over our allocation to the City of Cupertino. However, we have already advanced our allocation of Transportation Development Act (TDA) funds for the Borregas bridge project and would not have any funding to turn over for the next few years.

 

Councilmember Chu inquired if the City of Cupertino stated when they will need the additional funds. Witthaus stated they did not identify when the funds would be needed, only that they are close to going out to bid.

 

Councilmember Chu inquired as to what additional benefit the City would receive should they assist with the additional funding request from the City of Cupertino. Witthaus stated the same objective would apply which would be to offset negative impacts to Sunnyvale residents.

 

City Manager Chan stated Council will receive the City Manager’s recommended budget for the coming year in a few weeks. Last year the budget included $444 million in unfunded capital projects on the books and this year that amount could potentially worsen. City Manager Chan explained that as Council looks for funding sources, it is important to keep in mind that other priorities will become displaced if funding is taken out for this project. Should Council approve allocating additional funding to the City of Cupertino; staff will come back to Council with what projects have been displaced as a result.

 

Councilmember Howe stated it was his understanding that the City of Sunnyvale gave away some land for the bridge at Mary Avenue. Witthaus stated he was not aware if that had happened.

 

Councilmember Howe inquired if the street lane change on Mary Avenue (from two lanes to one lane with a bicycle lane) hastened the deterioration of the street. Superintendent of Field Services Jim Craig stated there is some suspicion that it may have accelerated the process of deterioration by doubling the load into one lane rather than spreading it out over two.

 

Public hearing opened 8:57 p.m.

 

Kevin Jackson stated his support of this project. As a member of the Bicycle and Pedestrian Advisory Committee (BPAC) he stated the committee requested that the City take another look and see if the City is living up to the spirit of the City’s original contribution and then decide how to proceed. The committee suggested that if construction costs have gone up, the City should consider making a proportional increase.

 

Mayor Lee inquired what the BPAC vote was on this issue and Jackson stated it was 5-2.

 

Mayor Lee stated the City’s contribution was roughly 0.9 percent of the total project, per the City of Cupertino.

 

Mayor Lee inquired if BPAC discussed obtaining financial assistance from the cities of Mountain View and Los Altos as their residents would also derive benefit from this project. Jackson stated the committee had not considered this due to the proximity of these cities. The benefits such as the pedestrian bridge are greater for Sunnyvale in addition to the 15 Sunnyvale homes that are adjacent to this project.

 

Arthur Schwartz stated the City spends money on their roads which allows Cupertino residents to get to their jobs on the other side of Sunnyvale and the City does not receive funding assistance. Schwartz stated he is not in favor of funding this project given the current budget situation.

 

Public hearing closed 9:07 p.m.

 

MOTION: Councilmember Hamilton moved and Councilmember Swegles seconded to approve Alternative 1: Council does not approve additional funding to the City of Cupertino for the Mary Avenue Bicycle/Pedestrian Bridge Project.

 

Councilmember Moylan offfered a friendly amendment to include in the Mayor’s response to the City of Cupertino: (1) status of the Sunnyvale’s unfunded projects; (2) availability of Sunnyvale’s TDA funds; (3) suggestion that Cupertino contact the VTA to explore availability of additional funds; and (4) if it turns out that the City of Cupertino is not able to obtain additional funds from VTA, then the Council should reconsider this project.

 

Councilmember Hamilton stated she would not agree with the City of Cupertino coming back to the City to request funds if they are unsuccesful in locating addtional funding.

 

Councilmember Moylan stated he would remove that section and add in that the City appreciates all that the City of Cupertino has done for the City.

 

Friendly amendment accepted.

 

Restated MOTION: Councilmember Hamilton moved and Councilmember Swegles seconded to approve Alternative 1: Council does not approve additional funding to the City of Cupertino for the Mary Avenue Bicycle/Pedestrian Bridge Project

with

include in the Mayor’s response to the City of Cupertino 1) status of the Sunnyvale’s unfunded projects; (2) availability of Sunnyvale’s TDA funds; (3) suggestion that Cupertino contact the VTA to explore availability of additional funds; and (4) add comment that the City appreciates all that the City of Cupertino has done for the City.

 

Councilmember Chu stated he opposes the motion and is in favor of reevaluating escalations that may have occurred to the City’s requirements for the landscaping. If costs have gone up, the City should bear at least 50 percent of that escalation. Councilmember Chu stated he believes Sunnyvale residents will benefit greatly from this project. Councilmember Chu also feels this bridge will be a signature bridge and naming rights for the City could be a possibility should the City continue to support this project. Councilmember Chu stated the City could allocate TDA funds as the City of Cupertino will not need this money for three to four years and the City would not need to deliver the funds until such time.

 

Councilmember Howe stated the City originally funded this project in order to insulate the residents of Sunnyvale from the bridge with landscaping. Councilmember Howe stated he will support the motion.

 

Mayor Lee stated he will oppose the motion. In the spirit of cooperation, the City should make some consideration to look at the additional funding due to escalated costs.

 

VOTE: 4-3 ( Mayor Lee and Councilmembers Chu and Moylan dissented)

 

4.

RTC 07-148

Clarifications to Council Policy Governing Boards and Commissions

 

 

Assistant City Manager Robert Walker presented the staff report. Assistant City Manager Walker explained that there is an administrative error in Attachment C (page 7, Section 5.B.-II(d): Personal leave or emergency (limited to one per fiscal year). The limit pertains to personal leave and not emergency. Once corrected, the policy will read as follows: (II) d. Personal leave (limited to one per fiscal year) or emergency.

 

Assistant City Manager Walker informed Council that staff has additionally prepared two study issues for Council’s consideration in November 2007. One issue will be dealing with board and commission attendance requirements and the other issue will study the pros and cons of transitioning the Child Care Advisory Committee to a staff advisory committee.

 

Councilmember Swegles inquired if the changes being proposed came from the Charter Review Committee and Assistant City Manager Walker stated they did not; rather the majority of these are from staff. There were some changes that came from the Charter Review Committee and they were presented by the committee at the April 10, 2007 Council Meeting.

 

Councilmember Hamilton inquired about the difference between a board or commission and a staff advisory committee. Assistant City Manager Walker stated that Council appointed boards and commissions are advisory to Council and deal strictly with policy issues. A staff advisory committee works with staff and would be advisory on operational issues.