PRESENT:

Mayor Anthony Spitaleri

Vice Mayor Melinda Hamilton

Councilmember John Howe

Councilmember Otto Lee

Councilmember Ron Swegles

Councilmember Christopher Moylan

Councilmember David Whittum

ABSENT:

None

STAFF PRESENT:

City Manager Amy Chan

Assistant City Manager Robert Walker

City Attorney David Kahn

Director of Finance Mary Bradley

Director of Community Development Hanson Hom

Director of Public Works Marvin Rose

Director of Public Safety Don Johnson

Director of Employment Development Michael Curran

Transportation and Traffic Manager Jack Witthaus

Principal Planner Gerri Caruso

Administrative Analyst Maria Rodriguez

City Clerk Gail Borkowski

1.A.

Approval of Information/Action Items – Council Directions to Staff

1.B.

RTC 08-104

List of Claims and Bills Approved for Payment by the City Manager – List No. 395

Staff Recommendation: Council reviews the attached list of bills.

418

1.C.

RTC 08-111

Authorization to Modify an Existing Contract for Property Management Services (F0703-81)

Councilmember Whittum stated he pulled this item due to his concern about extending the lease terms. Councilmember Whittum explained that he is not objecting to the extension, rather he is suggesting that guidance be given to staff. Councilmember Whittum stated since this is a potential park site, the lease term should not extend past June 2009.

Councilmember Howe questioned if it is appropriate for Council to give direction on the length of the lease since this item has been noticed only for the existing contract and not the length of the lease. City Attorney David Kahn agreed that further direction would need to be placed on a future agenda as the issue this evening is whether or not to approve the contract.

Councilmember Whittum stated it would be appropriate to have a discussion on the interaction between this property and other studies. Councilmember Whittum stated his concern that others may be making choices, acting on the City’s behalf, which could constrain Council’s choices.

Vice Mayor Hamilton asked staff if it is City policy to not sign a lease extending beyond June 30, 2010, for this site. Director of Public Works Marvin Rose stated staff identifies revenue through July 1, 2010, and theoretically a lease could extend out an additional year into 2011. Director Rose explained that the City tends to have leases shorter in nature because of the type of facilities. Director Rose explained that Council could take action in the future to change the FY 2010/11 lease date and change how leases are structured.

Public hearing opened at 7:26 p.m.

Public hearing closed at 7:26 p.m.

MOTION: Councilmember Howe moved, and Vice Mayor Hamilton seconded, to approve staff recommendation: Council authorizes modification of an existing contract with GS Commercial Management Incorporated, in substantially the same form as the attached draft change order, by increasing the current $55,000 contract to $75,000.

Councilmember Howe stated nothing in the motion is meant to extend the contract; however, the motion approves the oversight which is needed.

VOTE: 6-1 (Councilmember Whittum dissented)

1.D.

RTC 08-105

Award of Request for Proposals for Financial Auditing Services (F0712-60)

Councilmember Howe stated he pulled this item in order to make a slight change to length of the contract and the intent. 

Vice Mayor Hamilton asked, should a one-year extension be added to this contract, would that create a problem for the financial auditing firm. Director of Finance Mary Bradley stated the firm understands that the two one-year extensions would be subject to negotiation. Director Bradley clarified that this contract is for the annual audit of the City’s financial statements required by the Charter, not the performance audits. 

Vice Mayor Hamilton inquired as to the meaning of the “rotating coverage of sensitive areas” section mentioned in the report. Director Bradley explained that it is essentially additional services, such as additional audits.

Public comments opened at 7:26 p.m.

No speakers.

Public comments closed at 7:26 p.m.

Councilmember Howe inquired whether staff has negotiated a contract with this firm pending Council approval. Director Bradley explained that the firm Maze & Associates made a proposal to the City which staff is recommending Council approve, based on the responses to the request for proposals received.

Councilmember Howe inquired why the contract includes two additional one-year terms. Director Bradley stated the Government Finance Officers Association recommends that an external audit contract be set at a minimum of five years due to the start up costs and in order to allow the firm to fully understand the financial situation. Should the contract be too short, things could be missed. Director Bradley stated the Government Finance Officers Association also recommends that cities bid from time to time to make sure they are receiving the proper services.

MOTION: Councilmember Howe moved, and Councilmember Lee seconded, to approve Alternative 1:

·       Council awards a five-year contract to Maze & Associates to provide financial auditing services.

Councilmember Howe stated in five years Council should review this contract prior to issuing any further extension.

Vice Mayor Hamilton stated she will not support the motion, although she agrees with the idea of Council review. Vice Mayor Hamilton stated that allowing the city manager to exercise her discretion would prevent the City from having to put the contract out to bid again. Councilmember Howe responded that staff would have the option to return to Council and recommend an extension at any time.

Councilmember Howe requested that the motion be adjusted slightly in order to add that the review would be without prejudice. Councilmember Howe stated that Council could choose to extend the contract, but it would be important for Council to review the contract again in five years.

Vice Mayor Hamilton verified with staff that Councilmember Howe’s motion would not require that staff go out to bid again unless Council requested staff do so. Director Bradley explained that services do not require a competitive bid process. Director Bradley stated staff would need to bring any recommendation to extend a contract to Council prior to the end of the five-year term in order to allow for a bid process, should Council not want to extend the contract.

Councilmember Moylan inquired if Alternative 2 would alleviate Councilmember Howe’s concerns by replacing the city manager text with City Council. Councilmember Howe agreed Councilmember Moylan’s suggestion would address his concern, but he would like staff to have the flexibility to return to Council with their recommendation. Councilmember Howe stated he is requesting that Council have oversight of financial issues and Alternative 2 would remove options for staff to recommend to Council.

Restated MOTION: Councilmember Howe moved and Councilmember Lee seconded to approve Alternative 1:

·       Council awards a five-year contract to Maze & Associates to provide financial auditing services

with

without prejudice.

VOTE: 7-0

1.E.

RTC 08-107

Award of a Contract to Design and Prepare Construction Documents for the Rehabilitation of Four Air Flotation Thickeners at the Water Pollution Control Plant (F0711-50)

Staff Recommendation:     

·       Council awards a contract, in substantially the same form as the attached draft and in the amount of $403,100, to RMC Water and Environment for design and the preparation of construction documents for the rehabilitation of four air flotation thickeners at the Water Pollution Control Plant; and

·       Council approves a design contingency in the amount of $60,465.

1.F.

RTC 08-112

Award of Contract for Maintenance and Support for the Public Safety Dispatch and Records Management Systems (F0703-76)

Staff Recommendation:

·       Council awards a one-year contract to Tiburon Incorporated, in an amount not to exceed $96,580, to Tiburon Incorporated, for software maintenance and support; and

·       Council delegates authority to the city manager to exercise an option to extend the contract for two additional one-year periods if it is in the City’s best interest.

1.G.

RTC 08-095

Approve an Exclusive Negotiating Rights Agreement (ENRA) between the City and Mid-Peninsula Housing Coalition as the Developer for An Affordable Senior Housing Project at 660 S. Fair Oaks

Staff Recommendation: Council approves an Exclusive Negotiating Rights Agreement between the City and Mid-Peninsula Housing Coalition as the developer for an affordable senior housing project at 660 S. Fair Oaks.

1.H.

RTC 08-109

Award of Request for Proposals No. F0708-24 for Long Range Facilities Planning Services and Approval of Budget Modification No. 46

Councilmember Whittum stated this study is premature and could wait until after the budget cycle, Park of the Future study, and also after the City is able to obtain a clear picture on the economic conditions. Councilmember Whittum stated he does not see any harm in postponing this item.

Public comments opened at 7:33 p.m.

No speakers.

Public comments closed at 7:33 p.m.

Mayor Spitaleri inquired if this study would include City Hall facilities. Assistant City Manager Robert Walker verified the study would look at the City Hall complex as well as the other City facilities, minus a couple which are conducting their own studies.

MOTION: Vice Mayor Hamilton moved, and Councilmember Howe seconded, to approve Alternative 1: Council awards a contract to Carter Goble Associates Incorporated, in substantially the same form as the attached draft and in an amount not to exceed $195,880, to provide long-range facilities planning services, and approve Budget Modification No. 46.

Vice Mayor Hamilton stated this item was brought before Council two years ago in a budget report. Vice Mayor Hamilton acknowledged the City does not currently have the money to move forward on many items; however, the sooner the planning process is able to start, the better Council will be able to plan for the future. It is important to have a coherent plan on how to better utilize the City’s resources overall and this is an essential study.

Councilmember Whittum expressed his concerns over the expense for this study.

VOTE: 6-1 (Councilmember Whittum dissented)

1.I.

RTC 08-087

Resolution Authorizing Destruction of Certain Documents Pertaining to Citizen Complaints/Inquires, Internal Investigations, Applicant Backgrounds for Non-Hires, Officer Involved Vehicle Collisions, Canine Unit Training and Deployment Records, Inactive Carry Concealed Weapon (CCW) Permit Documentation, Mobile Video Recorder Tapes, Communication Tapes, Digital Images and all Other Routine Audio and Video Monitoring Eligible for Destruction

Staff Recommendation: Council approves the resolution allowing for the destruction of specified records and recordings from the Department of Public Safety.

1.J.

RTC 08-108

Request to Revise Performance Measures in the FY 2007/08 Approved Budget for Department of Employment Development

Staff Recommendation: Council approves modifications of performance measures for FY 2007/08.

1.K.

RTC 08-101

Authorization for NOVA to Apply to U.S. Department of Labor for Science, Technology, Engineering, and Mathematics (STEM) Initiative Funding in an Amount not to Exceed $2 Million

Staff Recommendation: Council authorizes the submission of a proposal to the U.S. Department of Labor for a STEM initiative grant in an amount not to exceed $2 million.

1.L.

RTC 08-102

Authorization to Award Contract in the Amount of $460,000 to Vietnam Veterans of California for Veterans Employment – Related Assistance Program

Councilmember Swegles stated he pulled this item to mention that the $460,000 is not coming out of the City’s General Fund. Councilmember Swegles stated the City has a special fund set aside for this project. Director of Employment Development Michael Curran explained that this is a competitive grant that was submitted to the Department of Labor and the State of California in December, and the funding is coming from these sources to provide the services.

Public hearing opened at 7:38 p.m.

No speakers.

Public hearing closed at 7:38 p.m.

MOTION: Councilmember Swegles moved, and Councilmember Howe seconded, to approve Alternative 1: Council authorizes the award of a contract in the amount of $460,000 to Vietnam Veterans of California to provide services for the Veterans Employment – Related Assistance Program.

VOTE: 7-0

1.M.

ORDINANCE

No. 2869-08

Adoption of Ordinance No. 2869-08 Awarding Nonexclusive Franchise to Amritpal Singh Doing Business as A-1 Cab Company

Staff Recommendation: Council approves the second reading of Ordinance No. 2869-08.

2.

RTC 08-103

Tasman/Fair Oaks Area Parking Issues

Transportation and Traffic Manager Jack Witthaus presented the staff report.

Councilmember Whittum asked if Alternative 2 (…close bike lanes and allow parking in bike lanes in the vicinity of the Hindu Temple during temple special events…) was not selected, would staff be able to take such action on their own. Manager Witthaus explained that the Municipal Code is unclear as to whether staff has the ability to temporarily lift the restriction against parking in bike lanes at this location.

Councilmember Swegles stated it would be difficult to enforce Alternative 2, as most events are on the weekend, which is when the majority of bike riders are using the lanes. 

Councilmember Swegles explained that attendance at special events held at the temple average 600 people; however, previous events have had up to 10,000 in attendance. Manager Witthaus agreed and stated that the temple is conditioned to no more than 600 people at an event over the course of the entire day, but there have been instances in which there have been over 10,000 visitors at an event.  

Councilmember Swegles stated another concern is if parking is allowed in the bike lanes, then people will walk in the middle of the street to get to the event, which creates another concern. Manager Witthaus agreed and stated that change in parking locations would create an unsafe situation.

Councilmember Lee verified with staff that using the bike lanes for parking would allow 68 additional parking spaces.

Vice Mayor Hamilton inquired if the situation at the Danbury Place development has been corrected, or are the parking spaces still taken over by guest parking. Principal Planner Gerri Caruso stated the project meets the amount of parking as required by code. The condition of approval when the special development permit was approved required that all unassigned spaces should be available for guests or as additional residential parking, which seemingly gave the homeowner association (HOA) options. Caruso stated the association is currently marking all their spaces as guest parking. Caruso explained that staff has received information from their management association that they are putting forth ideas to their residents, but nothing has changed at this point. Vice Mayor Hamilton verified that the association cannot charge, lease or rent spaces, and staff forwarded a letter to the association reminding them that they could charge only minor fees to manage parking, but they could not charge or lease parking spaces. Vice Mayor Hamilton verified that staff is not aware if the association is charging any fees for managing parking.

Public hearing opened at 8:03 p.m.

Jim Griffith, President of the Sutton Place Homeowners Association, stated his HOA shares some of the same concerns as Danbury Place. Griffith stated expecting the HOA to correct this problem is a poor policy. Griffith explained that the Danbury Place Association’s Covenant, Condition, and Restrictions (CC&Rs) state that the parking shall be guest parking only. Griffith stated it is unfair for the City to expect the Danbury Place Association to pay for amending the CC&R’s. Griffith suggested the City develop a list of management companies and HOA contacts and have staff hold initial meetings with new HOAs as a means to establish expectations, and then revisit with them on a five-year cycle.

Councilmember Lee inquired as to who was contacted on this item, and Manager Witthaus responded that the homeowner associations and the Hindu Temple were notified prior to the Bicycle and Pedestrian Advisory Commission meeting and tonight’s Council meeting.

Vice Mayor Hamilton and Griffith had a discussion over parking enforcement at Sutton Place and Danbury Place.

Councilmember Swegles inquired if Sutton Place’s HOA is a member of a community neighborhood group, and Griffith stated they are located between many neighborhood groups but have not been accepted by any.

Councilmember Swegles inquired if the development was required to have two outside parking spaces and a two-car garage. Director Hom explained that the conditions required that the HOA would not be able to charge for parking and must have handicapped parking available for residents’ use. Director Hom stated staff recommended to the Danbury Place HOA that they provide a mix of guest and unassigned homeowner parking and the HOA is currently working with their members on the proper mix of parking to have at their complex. The City is not requiring the HOA change their CC&Rs.

Councilmember Swegles verified with staff that Morse Avenue could accommodate parking on both sides if the bike lanes were eliminated; however, that would create an unsafe environment for bikes and in addition, people would have to walk in the street as there are not any sidewalks. Transportation and Traffic Manager Witthaus explained that there is a project currently in design to construct sidewalks in this area.

A discussion ensued between Griffith, Councilmember Moylan and Mayor Spitaleri regarding Sutton Place and Danbury Place parking issues. 

Councilmember Swegles disclosed he works for a management company within 500 feet of Danbury Place, but he does not own any property in this area.

Leonard T. Meyers Jr., newly-elected President of Danbury Place Homeowners Association, explained that the two biggest concerns at this development are parking issues and trash. Meyers requested Council listen to the homeowners and assist the HOA with some guidance.

Councilmember Lee discussed with Meyers that the Danbury Place parking area is being used by some employees of the nearby business complex.

Vice Mayor Hamilton inquired why a guest of Meyers parked on the street if all the spaces in the complex are designated as guest parking. Meyers stated the spaces are not marked as guest parking because he is in a new section of the complex. 

Vice Mayor Hamilton verified with Meyers that