APPROVED MINUTES
SUNNYVALE CITY COUNCIL
Tuesday, October 17, 2006
Pursuant to Government Code Section 54953, Subdivision (b), the following Study Sessions and Council Meeting included teleconference participation by Vice Mayor Otto Lee from Adam’s Mark Hotel, 1550 Court Place, Denver, Colorado. This Notice and Agenda were posted at the teleconference location; public comment from such address was allowed.
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The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Study Session pertaining to: Potential Recognition of Long-Term Sunnyvale Residents and a 6:00 p.m. Study Session pertaining to: Review of Draft Fiscal Sub-Element and met in Regular Session at 7:00 p.m. in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California with Mayor Swegles presiding. |
SALUTE TO THE FLAG
Mayor Swegles led the Salute to the Flag
ROLL CALL
Pursuant to Government Code Section 54953, Subdivision (b), all votes taken during a teleconferenced meeting shall be by roll call.
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PRESENT: |
Mayor Ron Swegles
Vice Mayor Otto Lee (via teleconference)
Councilmember John Howe
Councilmember Dean J. Chu
Councilmember Anthony Spitaleri
Councilmember Christopher Moylan
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ABSENT: |
Councilmember Melinda Hamilton (Excused)
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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
Trudi Ryan, Planning Officer
Katherine Bradshaw Chappelear, City Clerk |
CLOSED SESSION REPORT
Councilmember Howe reported that the Redevelopment Agency met in Closed Session on October 10, 2006 regarding: Confer with Legal Counsel – Anticipated Litigation – Pursuant to Government Code Section 54956.9(c); Initiation of Litigation: 1 potential case – Fourth Quarter Properties.
Councilmember Howe reported that all Councilmembers were present (including Councilmember Hamilton) and that direction was given, but no action was taken.
Councilmember Howe reported that City Council met in Closed Session on October 16, 2006 regarding: Public Employee Performance Formal Evaluation, City Manager, pursuant to Government Code Section 54957.
Councilmember Howe reported that six Councilmembers were present (including Councilmember Hamilton, Vice Mayor Lee was not present) and that direction was given, but no action taken.
PUBLIC ANNOUNCEMENTS
Councilmember Moylan announced that the 2006 Fall Board and Commission Recruitment is now open for specific vacancies. Applications will be accepted until 5:00 p.m. on Friday, November 3, 2006. Further information may be found at boardsandcommissions.inSunnyvale.com or by calling the Office of the City Clerk at (408) 730-7595.
Councilmember Moylan announced that the Community Visioning Process Festival will be held on October 28, 2006 at the Sunnyvale Community Center. The event will begin at 9 a.m. with the visioning exercise beginning at 10 a.m. Further information may be found at visioning.inSunnyvale.com or by calling (408) 730-7642.
Werner Gans announced that a developer is planning to build a 100-foot tall, 400-unit condo complex on the corner of El Camino and Helford Avenue. He stated his concerns with this project. Mr. Gans also announced that Kaiser Hospital has applied to install a heliport on their property for the critically ill. Kaiser will present their request at the Santa Clara Planning Commission Meeting on Wednesday, October 25 at 7 p.m. at the Santa Clara City Hall - Council Chambers.
CONSENT CALENDAR
MOTION: Councilmember Howe moved and Councilmember Chu seconded to approve the Consent Calendar.
Councilmember Chu noted that the draft minutes of the October 10, 2006 City Council Meeting had been revised and he requested the motion to include the revised draft minutes. Councilmember Howe verified that his motion included the revised draft minutes.
Mayor Swegles opened Public Comments. No one wished to remove items from the Consent Calendar and Mayor Swegles closed Public Comments.
ROLL CALL VOTE: 6-0 (Vice Mayor Lee participated by teleconference and Councilmember Hamilton absent)
Fiscal Items
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1. C. |
RTC 06-318
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List of Claims and Bills Approved for Payment by the City Manager - List No. 320
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Staff Recommendation: Council reviews the attached list of bills.
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1. D. |
RTC 06-310
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Appointment of representative to the Silicon Valley Library System Advisory Board
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Staff Recommendation: Council reappoints Thomas Flaherty to the Silicon Valley Library System Advisory Board for the term of 2006-2008.
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1. E. |
RTC 06-313 |
Authorization to accept $22,525 grant funds from the California State Library for the Library Services and Technology Act Grant Program to provide access to Live Homework Help, an online homework assistance program, and Budget Modification No. 13
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Staff Recommendation: Council accepts $22,525 from the California State Library for the Library Services Technology Act Grant Program to provide access to Live Homework Help and authorizes Budget Modification No. 13
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1. F. |
RTC 06-314 |
Authorization to accept a second year of $10,000 in grant funds from the Satterberg Foundation for Tales for Tots: increasing storytimes to young children in child care centers and family day care provider homes and Budget Modification No. 14
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Staff Recommendation: Council accepts $10,000 from the Satterberg Foundation for a continuation of the Tales for Tots program: increasing storytimes to young children in child care centers and family day care provider homes, and authorize Budget Modification No. 14.
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Contracts
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1. G. |
RTC 06-319 |
Award of Bid No. F0608-18 to Replace the Roof on the Administration Building at the Corporation Yard and Approval of Budget Modification No. 18
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Staff Recommendation: 1. Council awards a contract, in substantially the same form as the attached draft and in the amount of $159,600, to California Roofing Company, Inc., to replace the roof on the Administration Building at the Corporation Yard; 2. Council approves a project contingency in the amount of $31,920; and 3. Council approves Budget Modification No. 18.
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1. H. |
RTC 06-317 |
Award of Contract for the Purchase of Office Supplies (F0609-26)
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Staff Recommendation: 1. Council awards a one-year contract, in substantially the same form as the attached draft and in an amount not to exceed $150,000, to Office Max for the purchase of office supplies, based upon an Oakland County, Michigan, contract; and 2. Council delegates authority to the City Manager or her designee to execute an option to extend the contract for two additional one-year periods if pricing and service remain acceptable to the City.
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1. I. |
RTC 06-322
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Award of Bid No. F0608-17 for Pump Station Levee Improvements at Baylands Park and Approval of Budget Modification No. 16
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Staff Recommendation: 1. Council awards a contract, in substantially the same form as the attached draft and in the amount of $109,386, to HSR, Inc., for Pump Station No. 2 Levee Improvements; 2. Council approves a project contingency in the amount of $16,408; and 3. Council approves Budget Modification No. 16. |
STAFF RESPONSES TO PRIOR PUBLIC COMMENTS
None
PUBLIC COMMENTS
Tap Merrick spoke about the inappropriateness of private schools utilizing public fields without monetary reimbursement to the City and states there are four private schools in Sunnyvale that are maintained by the City of Sunnyvale Parks and Recreation Department. He stated Parks and Recreation collected $61,600 in fees last year with $21,400 of that total from youth sports groups and none from private schools.
Margaret Lawson stated the City of Sunnyvale should adopt a general sustainable building policy and require that developers use sustainable design. Councilmember Moylan stated he sponsored a study issue to consider the extension of sustainable building requirements beyond Moffett Park to the rest of the City.
Councilmember Chu asked staff to comment on environmental policies for municipal buildings. Trudi Ryan, Planning Officer, stated the adopted Council Policy is to encourage green practices in both construction and maintenance. For each new building that the Council considers, the Council will determine the level of incorporation of green practices. Ms. Lawson stated she was not able to identify any of this information on the City’s website.
PUBLIC HEARINGS/GENERAL BUSINESS
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2. |
RTC 06-323
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Lee Ashby - Hoover Associates [Applicant] Peery-Arrillaga Trustee & Et Al [Owner]: Application for related proposals on two sites at 975 and 995 Benecia Avenue (near Macara Ave) in an M-S (Industrial & Service) Zoning District to allow two new industrial buildings resulting in 45% Floor Area Ratio (FAR) where 35% FAR is allowed without a Use Permit
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Planning Officer Ryan presented the staff report.
Councilmember Moylan stated the Revised Conditions of Approval (Attachment B, Item 7-C Recycled Water) should be clarified to read that if recycled water is brought to the site under the approval of the Director of Public Works, then to the extent practicable, it should also be used for other connections. Planning Officer Ryan stated that clarification could be made.
Councilmember Chu stated it is not practicable to require recycled water, unless recycled water is already going to the site or is available nearby.
Mayor Swegles opened the Public Hearing at 7:32 p.m.
Lee Ashby, Hoover Associates Architects, represented the owner of the project, Peery-Arrillagao. Mr. Ashby stated that the owner requested Attachment B Item 10-C-(Transportation Demand Management) be eliminated. Additionally, the owner does not object to using reclaimed water; however, reclaimed water is not available at the site and the cost to bring reclaimed water to the site would be prohibitive.
Mr. Ashby stated the owner asked if Item 3 (Attachment B – Artwork) could be based on required percentage of construction cost; but, the applicable construction costs would be based on the difference between the new and existing floor area measurement.
Councilmember Howe verified with Mr. Ashby that Item 10 (Attachment B - Transportation Demand Management) percentage would be based on the tenant. Mr. Ashby stated since they do not know who that tenant will be, they have not determined a percentage.
Councilmember Howe stated that previous Transportation Demand Management Plans identified a percentage and asked staff why it was not listed in this report and what would be the percentage. Planning Officer Ryan stated the standard is a 15%-18% reduction and staff would recommend at least a 15% reduction in trips (including peak hours). Councilmember Howe verified with Mr. Ashby that the applicant would have concern over a 15%-18% Transportation Demand Management Program.
Councilmember Chu verified with staff that the zoning code requirement on artwork may not be modified; therefore, the value of the art could not be reduced as proposed by Mr. Ashby. Planning Officer Ryan stated that the project would provide for installation and maintenance of art in an amount equal to 1% of the construction valuation of the project. This would be based on the building permit valuation as determined by the Chief Building Official. Any deviation or modification would require a Variance.
Mr. Ashby stated that he appreciated Council’s consideration of this item, and that this is a good project that will be a great help to the area.
No one else wished to speak and Mayor Swegles closed the Public Hearing at 7:42 p.m.
Planning Officer Ryan stated that page 4 of Attachment G, (FEHR & PEERS Memorandum regarding Travel Demand Management Plan) shows the outline of the Transportation Demand Management Plans and the types of features that should be included. It references three different measures that could be included and concludes that if all measures are met, a 24% reduction could be expected. Officer Ryan stated that given that information, an 18% reduction seems reasonable as they may not be able to implement all the measures at one time. She stated Council may request a greater reduction should they feel that would be appropriate.
Councilmember Howe asked how Item 10, under Conditions of Approval, compared to Attachment G, since the reduction goal was not directly referenced in the conditions. Planning Officer Ryan noted the reference in the FEHR & PEERS Memorandum (Attachment G) and agreed that the desired goal could be added to Conditions of Approval, under Item 10, and listed as a reduction goal percentage that Council finds appropriate.
Councilmember Howe asked if Community Development has a standard list of fines (referencing Item 4 in the conditions). Planning Officer Ryan stated the fines are large enough to encourage compliance with the program and that the Planning Commission asked that the fine increase so the fine never becomes a bargain as compared to administering the program. Councilmember Howe asked if there have been any Transportation Demand Management fines imposed to date. Planning Officer Ryan stated that fines have not been enforced, rather those that did not meet the goal, have been required to state what they will do to meet it, and are evaluated again at a mid-year update. She stated the goal is to have fewer trips, not impose the fine.
MOTION: Councilmember Howe moved and Councilmember Chu seconded to approve Alternative No. 1: Council adopts the Negative Declaration and approves the Use Permit with conditions as outlined in the report.
with:
modifications to specific an 18% total and peak hour trip reduction goal for the Transportation Demand Management Program and to clarify that the use of reclaimed water in the building would be considered only if it is feasible to bring the reclaimed water to the site.
ROLL CALL VOTE: 6-0 (Vice Mayor Lee participated by teleconference and Councilmember Hamilton absent)
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3. |
RTC 06-324 |
Consideration of Revisions to Council Policy Governing Boards and Commissions
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Robert Walker, Assistant City Manager, presented the staff report.
Mayor Swegles opened the Public Hearing at 7:53 p.m.
Werner Gans, Personnel Board Chair, not speaking on behalf of the board, rather as a Sunnyvale resident, stated he supports a four-year term for all board and commission members. He stated further research should be done to see if the Board of Building Code Appeals could be eliminated based on infrequent meetings. He stated there is a lot of turn-over on the board due to the infrequency of the meetings.
Patrick Meyering stated the Council Policy Manual is different from the Charter. He stated the staff report recommendation is that if someone resigns before their term ends, they may not be able to reapply until the end of their term (even though they resigned).
Councilmember Spitaleri verified with Mr. Meyering that he understands the staff report to state that Council may not appoint someone to a board or commission until their full term ends, (regardless if they had previously resigned from a board of commission without completing their full term).
Councilmember Moylan asked Mr. Meyering if he understood that the Charter takes precedence over policy. Mr. Meyering stated the words in the Charter (any person appointed to a board or commission shall be immediately eligible, upon the expiration of their term, to serve on a different board or commission) are general words. Councilmember Moylan stated staff has identified an accidental discrepancy in the policy, and the Charter prevails. Council has the option to ask the Charter Review Committee to look at this area for any changes, but that is a separate issue.
Councilmember Moylan asked Mr. Meyering if he thought the City might have a legitimate reason not to encourage board and commission members to change from one board or commission during their terms. Mr. Meyering stated the Council has the option to appoint or not appoint all applicants. He stated the charter language does not support the conclusion. Councilmember Moylan stated the interpretation should come from the City Attorney, not from (hypothetically speaking) a person who wanted to change commissions. Mr. Meyering stated the interpretation should be consistent with general policy as well as historical actions and consider the detriment to the City if two June 2006 appointments were voided.
David Kahn, City Attorney, stated if policy is inconsistent with the City Charter, then it is the Charter that has precedence. A policy revision is necessary to make it consistent with the Charter. He stated that the two June 2006 appointments were valid. An interpretation was made based on ambiguities between the policy and Charter that allowed those commissioners to resign and be appointed to another commission; therefore, the appointments were valid and legal and should not be voided.
Mayor Swegles closed the Public Hearing at 8:06 p.m.
Councilmember Howe asked if the function of the Board of Building Code Appeals could go to an administrative employee similar to the Administrative Hearing Officer in Community Development or staff who listens to parking ticket appeals. Assistant City Manager Walker stated the scope of the study addressed only the possible merge of this board with another board or commission. However, Alternative No. 6 would allow staff to consider other options for the dissolution of the Board of Building Code Appeals.
Robert Paternoster, Director of Community Development, stated that all the cities he is familiar with use some type of board for this function. Amy Chan, City Manager, stated that page 6 of the staff report notes that the State Code does not require a Board, even though a board would be appropriate. Therefore, Council may request staff look at alternatives including dissolution of this board.
Councilmember Howe inquired about the costs related to the Board of Building Code of Appeals for last year. Director Paternoster stated the cost of supporting/managing the board or commission was based on the number of meetings and activities of each board. He stated that Community Development did not budget resources for this board.
Councilmember Spitaleri asked if the language of the Charter is based on the City Attorney’s interpretation. City Attorney Kahn stated it is based on the clear language of the Charter. Councilmember Spitaleri verified staff should look at the Charter first so that policy meets the intent behind the Charter language.
Assistant City Manager Walker stated that it is unusual that there would be a conflict between City policy and the Charter, but that interpretation errors do arise. He noted that the Charter states that a four-member vote of the Council is required to approve a board member or commissioner; however, Council policy states that a majority vote is required. Clearly, the thinking was that a majority vote is usually four, but if there is not a full Council, a majority vote could be less than four. This is another area that is being revised in the Council policy.
1. Council accepts this report’s finding that the existing charter prohibits board and commission members from being appointed to a different board or commission prior to completing the full term to which they were originally appointed. Cease any practice not in compliance with such an interpretation. Revise Council policy 7.2.10 to support that position.
2. Council charges the Ad Hoc Charter Review Committee with reviewing the existing charter language prohibiting board and commission members from being appointed to a different board or commission prior to completing the full term to which they were originally appointed.
4. Council does not merge the Board of Building Code Appeals with another board or commission.
addition of:
8. Charge the Ad Hoc Charter Review Committee with reviewing Charter language to allow members of the Board of Building Code Appeals to serve on another Board/Commission at the same time.
1. Council accepts this report’s finding that the existing charter prohibits board and commission members from being appointed to a different board or commission prior to completing the full term to which they were originally appointed. Cease any practice not in compliance with such an interpretation. Revise Council policy 7.2.10 to support that position.
ROLL CALL VOTE: 6-0 (Vice Mayor Lee participated by teleconference and Councilmember Hamilton absent)
2. Council charges the Ad Hoc Charter Review Committee with reviewing the existing charter language prohibiting board and commission members from being appointed to a different board or commission prior to completing the full term to which they were originally appointed.
ROLL CALL VOTE: 5-1 (Councilmember Moylan dissented, Vice Mayor Lee participated by teleconference and Councilmember Hamilton absent)
4. Council does not merge the Board of Building Code Appeals with another board or commission.
ROLL CALL VOTE: 6-0 (Vice Mayor Lee participated by teleconference and Councilmember Hamilton absent)
addition of:
8. Charge the Ad Hoc Charter Review Committee with reviewing Charter language to allow members of the Board of Building Code Appeals to serve on another Board/Commission at the same time.
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NON-AGENDA ITEMS & COMMENTS
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COUNCIL: |
Mayor Swegles stated he has proclaimed November as Buddy Poppy Month. The basic purpose of the annual distribution of Buddy Poppies by the Veterans of Foreign Wars reflects the desire to “honor the dead by helping the living.
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STAFF: |
None |
INFORMATION ONLY REPORTS/ ITEMS – Received and Filed
ADJOURNMENT: Mayor Swegles adjourned the Council Meeting 8:26 p.m.
Katherine Bradshaw Chappelear
City Clerk