APPROVED MINUTES
SUNNYVALE CITY COUNCIL
TUESDAY, NOVEMBER 21, 2006
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The City Council of the City of Sunnyvale met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:00 p.m., with Mayor Swegles presiding. |
SALUTE TO THE FLAG
Mayor Swegles led the Salute to the Flag
ROLL CALL
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PRESENT: |
Mayor Ron Swegles
Vice Mayor Otto Lee
Councilmember Dean J. Chu
Councilmember Melinda Hamilton
Councilmember John Howe
Councilmember Christopher Moylan
Councilmember Anthony Spitaleri
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STAFF PRESENT: |
Amy Chan, City Manager
Robert Walker, Assistant City Manager
David Kahn, City Attorney
Robert Paternoster, Director of Community Development
Katherine Bradshaw Chappelear, City Clerk |
PUBLIC ANNOUNCEMENTS
Ursula Syrova, President of Lakewood Village Neighborhood Association, announced their holiday parade on December 2, 2006. The parade starts at 11 a.m. at Lakewood Park and ends at Fairwood Park.
Suzi Blackman, President and CEO of the Sunnyvale Chamber of Commerce, announced that applications are being accepted for nominations for the annual Athena Award. Applications are available at www.svcoc.org or at the Chamber Office. The award will be presented to an outstanding Sunnyvale business woman on February 3, 2006.
Ms. Blackman announced that Sunnyvale Community Services will be holding their annual auction on December 7 from 5 to 7 p.m. at the Christmas Center located at 724 Kifer Road.
Councilmember Moylan announced that the Santa Clara Valley Water District is seeking volunteers to serve at-large on their flood control and watershed advisory committees. For further information visit www.heynoah.com or call (408) 265-2607, ext. 2277.
CONSENT CALENDAR
Councilmember Moylan removed Items 1.K. and 1.L.
Tammy and Josh Salans removed Item 1.J.
Vice Mayor Lee removed Item 1.A.
MOTION: Vice Mayor Lee moved and Councilmember Howe seconded to approve the Consent Calendar with the exception of Items 1.A., 1.J., 1.K., and 1.L.
VOTE: 7-0
Fiscal Items
Contracts
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1. E. |
RTC 06-371
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Award of Request for Proposals No. F0608-22 for Design and Construction Support Services for Mechanical and Electrical Reconstruction and Improvements to the Hamilton Water Plant
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Staff Recommendation: Council awards a contract to Lee & Ro, Inc., in substantially the same form as the attached draft Consultant Services Agreement and in an amount not to exceed $99,980, for design and construction support services for the Hamilton Water Plant Mechanical and Electrical Reconstruction Project.
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1. F. |
RTC 06-349
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Award of Bid No. F0609-24 for Improvements to Wright Avenue Water Tank No. 2
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Staff Recommendation: Council: 1. Awards a contract, in substantially the same form as the attached draft and in an amount of $879,998, to Olympus & Associates, Inc., for improvement to Wright Avenue Water Tank No. 2; and 2. Approves a project contingency in the amount of $176,000.
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1. G. |
RTC 06-367
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Award of Bid No. F0609-28 for Bicycle Lane Installation on Evelyn Avenue between Bernardo Avenue and Reed Avenue
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Staff Recommendation: Council: 1. Awards a contract, in substantially the same form as the attached draft and in the amount of $530,000, to Chrisp Company for construction of the Evelyn Avenue Lane Reduction Project; and 2. Approves a project contingency in the amount of $79,500.
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1. H. |
RTC 06-368 |
Award of Contract to Replace the Fire Suppression Systems in Four Locations and Approval of Budget Modification No. 25 (F0610-35)
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Staff Recommendation: Council: 1. Awards a contract to SimplexGrinnell, in substantially the same form as the attached draft Purchase Order and in the amount of $105,253, for the replacement of the existing Halon fire suppression systems in City Hall Annex Computer Room, Department of Public Safety Computer Room, the Department of Public Safety Telecommunications Room and the Public Safety Dispatch Center; and 2. Approves a project contingency in the amount of $15,788.
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Other
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1. I. |
ORDINANCE
No. 06-2819
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Adoption of Ordinance No. 2819-06 Amending the Precise Zoning Plan, Zoning Districts Map, to Rezone Certain Properties located at 1111 Lockheed Martin Way from MP-I (Moffett Park-General Industrial) to MP-TOD (Moffett Park-Transit Oriented Development) Zoning District
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1. J. |
ORDINANCE
No. 06-2820 |
Adoption of Ordinance No. 2820-06 Amending Section 19.29.140
(MPSP Subdistrict Site Development Standards) of Chapter 19.29 (Moffett Park Specific Plan District) of the Sunnyvale Municipal Code
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1. K. |
ORDINANCE
No. 06-2821 |
Adoption of Ordinance No. 2821-06 Approving and Adopting a Development Agreement Among Moffett Towers, LLC, and the City of Sunnyvale (Lot 3)
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1. L. |
ORDINANCE
No. 06-2822 |
Adoption of Ordinance No. 2822-06 Approving and Adopting a Development Agreement Among Moffett Towers, LLC, Moffett Park Drive, LLC, and the City of Sunnyvale (Lot 1 and Ariba Campus)
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Councilmember Moylan stated he pulled this item for possible reconsideration by Council. He stated the key aspects of Item 1.L. is that Parcel 1 and the Ariba Parcel would be considered blended for the purpose of determining the floor area ratio (FAR). Currently, Parcel 1 is designed at 86% FAR, but when averaged over the combined parcels it goes down to 70% FAR, which is the maximum that a project can have if it is Leadership in Energy and Environmental Design (LEED) Certified. He stated the Ariba Parcel is not LEED Certified and approval of Item 1.L. would allow the maximum intensity of development. That intensity should correspond to a LEED Certified project; however, only about 25% of the project will be LEED Certified.
Councilmember Moylan stated he discussed this issue with David Kahn, City Attorney, who stated that this would nevertheless meet the letter of the Moffett Park Specific Plan. However, Councilmember Moylan stated the project does not meet the intent of the Moffett Park Specific Plan and he is bringing this forward for Council to reconsider this item.
Councilmember Hamilton inquired as to Councilmember Moylan’s intent in suggesting that Council reconsider this item. Councilmember Moylan stated Items 2 and 3 (from the November 14, 2006 Council Meeting) should be reconsidered to see if the maximum FAR should be allowed, because the entire project will not be LEED Certified, only a piece of it will meet that certification. He continued that the extra FAR should only be given if the entire project is LEED Certified. Additionally, the project as a whole does not contribute to sustainability.
Councilmember Hamilton asked City Attorney Kahn to comment on this issue. City Attorney Kahn stated there is a precedent for the interpretation that was applied to the Ariba Parcel and that was the Network Appliance project that came before Council in 2005. The FAR was increased to 70% and there were four buildings that were not LEED compliant. For the current project, there is no requirement until 2008 that all buildings meet the LEED requirement, so it is permissible for the FAR to increase on the existing buildings. Councilmember Hamilton verified that the building being constructed has to be fully LEED Certified, but the buildings currently existing on the site do not have to be retrofitted or taken down to meet LEED requirements.
Robert Paternoster, Director of Community Development, stated that what Council approved was over and above what is approved in the Moffett Specific Plan. The increase in density was taken out of the Moffett Park pool, and the Environmental Impact Report (EIR) evaluated the impact of that development. He stated it does reduce the size of the pool for other property owners and the staff report indicated the percentage of reduction. It did not increase the total development that would be permitted within the Moffett Park area.
Councilmember Chu verified with City Attorney Kahn that in 2008 a project has to meet the LEED intent and in 2009 it has to be LEED Certified.
Mayor Swegles opened Public Comment.
Tammy and Josh Salans stated their opposition to the Moffett Park development because the City has too many vacant buildings. They urged Council to insist that the Moffett Park Project comply with the LEED requirements, and also expressed concerns regarding the housing needed for employees of the businesses that will occupy the buildings.
Councilmember Chu stated the motion Council made last week required that the buildings obtain 26 points on the LEED standard and encouraged the developer to attain 33 points. He stated 26 points is the minimum for a green building and 33 points would obtain the next level of certification (Silver). Director Paternoster stated it is also required that the project not only obtain the points, but that they submit for LEED Certification.
Councilmember Howe stated he wished to approve the motions that Council approved last week (including Councilmember Chu’s understanding that last week’s motion required 26 points on the LEED standard and encouraged the developer to attain 33 points). He stated if a Councilmember has a question about the intent and process of the motions of this item (after the minutes from this meeting and the minutes from last weeks meeting are received), the item will return to the agenda for clarification.
MOTION: Councilmember Howe moved and Councilmember Hamilton seconded to approve Items 1.J., 1.K., and 1.L.
Councilmember Hamilton stated if there is an issue at a later time, Council can make a motion to reconsider, but this is an issue of fairness since another development was previously allowed to increase its FAR.
City Attorney Kahn stated a motion to reconsider may only occur at the meeting immediately following an action. Councilmember Hamilton clarified that she meant if an issue comes up later, she agrees with Councilmember Howe that the item will return to Council for clarification.
Councilmember Howe stated his motion is identical to the motions that Council approved last week with absolutely no changes. This is to do exactly what was agreed upon last week. Tonight’s motion is because the Ordinance has to be read twice (per state law) if there is a dissention.
VOTE: 7-0
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1. M. |
ORDINANCE
No. 06-2823 |
Adoption of Ordinance No. 2823-06 Amending Portions of Title 19 (Zoning) of the Sunnyvale Municipal Code relating to Undergrounding Utilities
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1. N. |
ORDINANCE
No. 06-2824 |
Adoption of Ordinance No. 2824-06 Amending Certain Sections of Chapter 5.36 (Taxicabs) of the Sunnyvale Municipal Code
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1. O. |
ORDINANCE
No. 2825-06 |
Adoption of Ordinance No. 2825-06 Awarding Nonexclusive Franchise to Jorawar Singh, Doing Business as Orange Cab |
STAFF RESPONSES TO PRIOR PUBLIC COMMENTS
None
PUBLIC COMMENTS
Councilmember Howe thanked the Mayor for the wonderful job he has done during his term as Mayor.
Ursula Syrova, President of Lakewood Village Neighborhood Association, stated if the San Francisco football team (49ers) comes to Santa Clara, she would like Council to approach the developers of the stadium to ask for their assistance with traffic mitigation (specifically placing a stoplight at Wildwood and Lawrence Expressway).
She attended the Visioning Festival and stated that every break-out group wanted sustainability for the future of Sunnyvale and green building for the downtown. She stated if the developers are not in concert with this vision, they are not the right developers for the project. She would like Council to consider solar power as part of the plan as well.
Councilmember Howe announced that the Wildwood intersection was previously identified as a study issue and will come before Council at the December workshop.
Chris Todd offered that she could submit to Council a sustainable landscape checklist for future projects. Councilmember Hamilton requested that Ms. Todd to submit the information to Council.
PUBLIC HEARINGS/GENERAL BUSINESS
None
SPECIAL ORDERS OF THE DAY
Mayor Swegles introduced dignitaries in the attendance and thanked them for their attendance.
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SOD 1 |
RTC 06-364
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Selection of Mayor and Vice Mayor for the 2006-2007 Term |
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Katherine Bradshaw Chappelear, City Clerk, presented the staff report. As outlined in Council Policy 7.3.10, the most senior member of the Council who has not served as Mayor is to be selected to serve as Mayor subject to at least four affirmative votes. If two or more members are equal in seniority, the person receiving the highest number of votes in the most recent election will be considered first. The senior member eligible to be selected as Mayor for 2006/2007 is Councilmember Melinda Hamilton.
Councilmember Hamilton stated it would be in the best interest of the City if she were to first serve as Vice-Mayor, and respectfully declined the opportunity.
City Clerk Chappelear stated the next most senior member eligible to be selected as Mayor for 2006/2007 is Vice Mayor Otto Lee.
VOTE: 7-0
Mayor Swegles offered Mayor Elect Lee the opportunity to have someone in the audience administer his Oath of Office. Mayor Elect Lee invited Congressman Mike Honda and Santa Clara County Supervisor Liz Kniss to administer his Oath of Office. Congressman Honda commended staff and Council on how well business is run in the City of Sunnyvale. Supervisor Kniss expressed that Mayor Swegles has brought dignity and grace to the Council. Congressman Honda and Supervisor Kniss administered the Oath of Office.
Mayor Lee made his remarks.
Mayor Lee asked the City Clerk to review the selection process for the Vice Mayor.
City Clerk Chappelear stated as outlined in Council Policy 7.3.10, the most senior member of the Council who has not served as Vice Mayor is to be selected to serve as Vice Mayor subject to at least four affirmative votes. If two or more members are equal in seniority, the person receiving the highest number of votes in the most recent election will be considered first. The senior member eligible to be selected as Vice Mayor for 2006/2007 is Councilmember John Howe.
Councilmember Howe declined the opportunity as he has already served as Mayor and serving as Vice Mayor is training ground for serving as Mayor.
City Clerk Chappelear stated the next most senior member eligible to be selected as Vice Mayor for 2006/2007 is Councilmember Melinda Hamilton.
Councilmember Hamilton stated she is pursuing her Master’s degree and has concerns that her studies would interfere with her responsibilities as Vice Mayor. She respectfully declined the opportunity.
City Clerk Chappelear stated the next most senior member eligible to be selected as Vice Mayor for 2006/2007 is Councilmember Anthony Spitaleri.
VOTE: 7-0
Mayor Lee offered Vice Mayor Elect Spitaleri the opportunity to have someone in the audience administer his Oath of Office. Vice Mayor Elect Spitaleri invited former Sunnyvale Mayor and Councilmember Pat Castillo, his wife, and his sister-in-law to administer his Oath of Office.
Vice Mayor Spitaleri made his remarks.
Mayor Lee recognized former Mayor/Current Councilmember Swegles for his service as Mayor.
Former Mayor/Current Councilmember Swegles made his remarks.
Council took action in accordance with staff recommendation: Council selects a Mayor and Vice Mayor for the 2006/2007 term in accordance with the existing Council Policy 7.3.10, and directs staff to review this policy (prior to next year) regarding the administration of the Oath of Office at the next scheduled Council meeting following the selection of a Mayor and/or Vice Mayor.
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SOD 2 |
RTC 06-363
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2006-2007 Seating Arrangements for City Council |
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City Clerk Chappelear presented the staff report. The Mayor is to be seated in the center seat, Vice Mayor on either side of the Mayor (as the Vice Mayor chooses). Once determined, the actual seating change (with exception of the Mayor) will occur at the meeting of November 28, 2006. Remaining Councilmembers shall select where they wish to sit on the basis of continuous time served on Council. For those having equivalent time of service, the order of seat selection shall be according to highest number of votes received in the most recent election in which they were a candidate.
The new seating arrangement will be in effect as of the meeting of November 28, 2006 and will be from left to right as viewed by the audience:
Councilmember Moylan
Councilmember Howe
Vice Mayor Spitaleri
Mayor Lee
Councilmember Swegles
Councilmember Chu
Councilmember Hamilton
Council took action in accordance with staff recommendation: Council determines the seating arrangement for 2006/2007 in accordance with the existing Council Policy 7.3.11 and directs staff to review this policy (prior to next year) regarding the determination of seating arrangements at the next Council meeting following the selection of Mayor and Vice Mayor.
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NON-AGENDA ITEMS & COMMENTS
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COUNCIL: |
Councilmember Howe stated Mayor Swegles did a wonderful job. He congratulated both Mayor Lee and Vice Mayor Spitaleri.
Mayor Lee announced there will be a Mayor and Vice Mayor reception at the Del Monte building, 3rd floor immediately following tonight’s Council Meeting.
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STAFF: |
None |
INFORMATION ONLY REPORTS/ ITEMS
ADJOURNMENT – Mayor Lee adjourned the Council Meeting in honor of servicemen and veterans who have served this country at 8:19 p.m.
Katherine Bradshaw Chappelear
City Clerk