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City Clerk Borkowski presented the staff report. City Clerk Borkowski stated the adoption of this amendment to the ordinance is consistent with voter approved Measure K.
Councilmember Swegles stated not everyone has access to the Internet, especially seniors and not publishing in the newspaper would be of concern to this segment of the community. Councilmember Swegles questioned whether the concern over those without Internet capabilities had been taken into consideration.
Assistant City Manager Robert Walker stated staff acknowledges that concern and therefore, staff has begun a six-month pilot program. Assistant City Manager Walker stated the decision to post on the Internet or in the newspaper is an administrative procedure contained within the city manager’s domain. Assistant City Manager Walker stated the action before Council is strictly to make sure the ordinance supports the charter as the charter supersedes the ordinance.
Councilmember Swegles stated he wanted to make sure that citizens without Web access were considered and Assistant City Manager Walker stated concerns will be monitored during the pilot process.
Councilmember Moylan stated that it is clear in the staff report that providing the option of not posting in the newspaper needs Council adoption in order to follow what was approved by the voters during the election; however, it does not require that Council eliminate publishing in the newspaper, rather that is an option available. Councilmember Moylan stated staff contends that this is purely an operational issue; however, he does not agree and suggests that Council weigh in on this issue. Councilmember Moylan stated that the option needs to be available as approved by voters, but if Council has an opinion on not advertising in the newspaper, then Council should weigh in on that independently.
City Manager Chan stated Councilmember Moylan is correct in that Council may weigh in on operational issues. City Manager Chan stated the issue is a matter of cost savings. City Manager Chan explained that it is Council prerogative to appropriate additional funds in order to support publishing in the newspaper so that the border community may be reached.
Vice Mayor Hamilton confirmed that hard copies of the agenda are posted at seven locations within City Hall, the senior center, the library, public safety lobby and the community center.
Vice Mayor Hamilton confirmed with the city clerk that hard copies of whatever has been posted in the newspaper could be made available along with the agenda at the seven posting locations.
Councilmember Whittum inquired if the Fair Political Practices Commission (FPPC) Consolidated Campaign Disclosure Form (460) will be placed online as a result of this amendment to Municipal Code Title 2, Chapter 2.10. City Clerk Borkowski stated that section references a legal election related advertisement that is published in the newspaper on the Saturday before an election. City Clerk Borkowski stated that ad lists those who have contributed more than $100 to a candidate’s campaign as listed on the FPPC 460 form.
Councilmember Whittum inquired when staff would stop publishing in the newspaper. Assistant City Manager Walker answered that given the action by the passing of the charter amendment which allowed this option, staff has piloted this change since the passage of the charter and it is ongoing currently. Assistant City Manager Walker stated there have not been any comments from the public since this change went into effect. Assistant City Manager Walker explained that the ordinance simply supports the charter.
Public hearing opened at 7:48 p.m.
Werner Gans stated he is not aware of other cities in the Bay Area that advertise these documents in the paper. Gans identified that the agenda and digest of actions have not been advertised for the past four months and no comments have been received from the public and Council did not take notice. Gans stated not publishing these items in the newspaper makes a lot of sense and saves money. Gans compared those who do not have access to the Internet to those who do not get the newspaper. Same concern exists. Gans urged Council to approve this item as it is a sensible thing to do.
Public hearing closed at 7:49 p.m.
MOTION: Vice Mayor Hamilton moved and Councilmember Howe seconded to approve staff recommendation: Council adopts the ordinance amending Municipal Code Title 2, Chapter 2.10, Publication of Legal Notices, to include the option of Internet publication of agendas and the digest of actions, legal notices and ordinances as permitted by law.
City Clerk Borkowski read the title of the ordinance into the record.
VOTE: 7-0
Councilmember Howe encouraged Council to hold a joint meeting with Santa Clara City Council to discuss common issue items including Kaiser Hospital Access; Santa Clara Square, and trees and solar shading. Councilmember Howe requested that the meeting be held prior to the final adoption of Santa Clara Square.
Councilmember Swegles stated he would second such a motion.
MOTION: Councilmember Howe moved and Councilmember Swegles seconded to approve providing direction to the mayor and the city manager to affect a joint meeting between Council and the City Council of Santa Clara to discuss common items including (but not limited to) Santa Clara Square; Kaiser Hospital Access, and tree shading of solar panels. Meeting to take place prior to completion of any final action by Santa Clara City Council with regard to the Santa Clara Square project.
City Manager Chan stated the final meeting of the Santa Clara Council regarding the Santa Clara Square will be on April 15, 2008. Scheduling this meeting will be challenging given coordinating the schedule of both City Council’s and City Manager Chan asked for further direction such as the minimum number of councilmembers needed to be in attendance.
Councilmember Howe clarified that the meeting would be held with as many councilmembers as possible but does not need to receive 100 percent attendance. Councilmember Howe suggested that Mayor Spitaleri look into the possibility of the Santa Clara Council postponing their April 15 decision until after the joint meeting so they can receive input form Sunnyvale City Council.
Vice Mayor Hamilton stated Council does not have a meeting on April 15 and suggested Council attend the April 15, 2008 Santa Clara Council meeting. Vice Mayor Hamilton stated she is not comfortable asking City of Santa Clara councilmembers to rearrange their calendar.
Mayor Spitaleri stated there are three items that Councilmember Howe included in the meeting with City of Santa Clara. Mayor Spitaleri stated Council would need to identify which item of the three that they planned to discuss with Santa Clara Council and a public hearing would also need to be held ahead of time.
Vice Mayor Hamilton agreed and suggested placing it on the agenda before
April 15, 2008 for discussion and then formulating an official Council position. Council would then determine who would go to the Santa Clara Council meeting on April 15, 2008 to represent Council’s official position.
Councilmember Whittum offered a friendly amendment to place Council discussion of this item on the agenda prior to April 15, 2008 along with a study session or meeting with the City of Santa Clara Council for the April 15 Council meeting if schedules can be accommodated. Councilmember Whittum seconded Councilmember Howe’s suggestion that Santa Clara Council consider postponing a final decision.
Councilmember Howe stated there is a motion and second currently on the table. Councilmember Howe stated a second motion can be made to place this item on a specific agenda for Council discussion.
Councilmember Howe stated he will have a second motion himself dealing with the City of Cupertino; however, right now he wishes to take a vote on his current motion without the amendment.
Friendly amendment not accepted.
City Attorney Kahn stated if the meeting with Santa Clara Council occurs with less that a quorum of both groups, then it does not have to be noticed under the Brown Act. Should there be a quorum or more by either Sunnyvale or Santa Clara, there would be Brown Act noticing requirements. City Attorney Kahn stated it might be easier to have a meeting with less than a quorum from each City.
Councilmember Howe stated he would prefer not to exclude any councilmembers from this meeting and if noticing is required, it should be done.
Vice Mayor Hamilton inquired if the motion included asking Santa Clara County to rearrange their meeting calendar. Councilmember Howe stated the intent of the motion is to hold a meeting before April 15, 2008. Councilmember Howe stated the motion does not require all councilmembers attend, which may help in scheduling. If the meeting does not occur before April 15, 2008, then Council needs to send a message to the Santa Clara Council that this issue is important to the Sunnyvale City Council and that Council would like to meet with them before they make their final decision on this project. Councilmember Howe stated this request is not a mandate that Santa Clara Council meet with the Sunnyvale City Council.
Restated MOTION: Councilmember Howe moved and Councilmember Swegles seconded to approve providing direction to the mayor and the city manager to affect a joint meeting between Council and the City Council of Santa Clara to discuss common items including (but not limited to) Santa Clara Square, Kaiser Hospital access, and tree shading of solar panels. Meeting to take place prior to completion of any final action by Santa Clara City Council with regard to the Santa Clara Square project
with
as many councilmembers as possible.
VOTE: 7-0
MOTION: Councilmember Howe moved and Vice Mayor Hamilton seconded to approve direction to the mayor and the city manager to schedule a joint meeting between Cupertino City Council and the Sunnyvale City Council to discuss Kaiser and neighborhood impacts of the parking around Ranch 99.
Vice Mayor Hamilton offered a friendly amendment to remove Ranch 99 out of the motion as the project is going through a total redesign.
Councilmember Howe stated the purpose of his motion is not to tell the City of Cupertino what to do at Ranch 99, rather is it to discuss the current traffic and parking problems in the area now.
Friendly amendment not accepted.
Councilmember Howe stated it is his intention that both Sunnyvale and Cupertino City Council’s will talk about what can be done, in the spirit of cooperation, about issues that affect the city border lines.
Vice Mayor Hamilton stated she supports the motion and is asking that staff brief Council on the situation with Ranch 99 prior to any meeting with the Cupertino City Council.
Restated MOTION: Councilmember Howe moved and Vice Mayor Hamilton seconded to direct the mayor and city manager to schedule a joint meeting between Cupertino City Council and the Sunnyvale City Council. Meeting to be held in the spirit of cooperation, on issues affecting the city border lines including Kaiser and the traffic and parking impacts of Ranch 99. |