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:

City Manager Amy Chan

Assistant City Manager Robert Walker

City Attorney David Kahn

Director of Community Development Hanson Hom

Director of Public Works Marvin Rose

Director of Finance Mary Bradley

Revenue Systems Supervisor Tim Kirby

City Clerk Gail Borkowski,

1.A.

Approval of Draft Minutes of June 19, 2007

Holly Lofgren requested the minutes be corrected for two items that she spoke on during the June 19 meeting. Lofgren stated these are very important minutes to her and that if they are not listed as how she views them to be correct, then she is held responsible by others for what she says.

Mayor Lee opened public comments.

No speakers.

Mayor Lee closed public comments.

MOTION: Vice Mayor Spitaleri moved and Councilmember Howe seconded to approve the draft minutes of June 19, 2007 with the following revisions (as read into the record by Holly Lofgren) as follows:

1) on page 23, sentence to read, “Lofgren stated that she is not going to take on the responsibility of repair oversight or repair costs for the donor bricks.”

2) on page 24, sentence to read, “… of $48,000 which are not out of pocket…”.

Councilmember Chu proposed a friendly amendment to continue this item until the City Clerk has an opportunity to review the tape. City Clerk Gail Borkowski stated the Office of the City Clerk did review the tape and although the words stated by Lofgren are the actual words that she stated, the City does not produce verbatim minutes. Additionally, the changes were not deemed to be substantive or in need of any change. Councilmember Chu withdrew his motion.

Mayor Lee stated since Vice Mayor Spitaleri was excused absent from the June 19, 2007 meeting, someone else should make the motion.

Restated MOTION: Councilmember Howe moved and Councilmember Moylan seconded to approve the draft minutes of June 19, 2007 with the following revisions, as read into the record by Holly Lofgren, as follows:

1) on page 23, sentence to read, “Lofgren stated that she is not going to take on the responsibility of repair oversight or repair costs for the donor bricks.”

2) on page 24, sentence to read, “… of $48,000 which are not out of pocket…”.

Vote: 7-0

1.B.

Approval of Information/Action Items – Council Directions to Staff

1.C.

RTC 07-278

List of Claims and Bills Approved for Payment by the City Manager – List No. 361 & 362

Staff Recommendation: Council reviews the attached list of bills.

1.D.

RTC 07-297

Transmittal of the Fiscal Year 2005/2006 Performance Results Audit for Program 720 – Utility Billing, Collection, and Revenue Management

Staff Recommendation: Council receives the audit report and concurs with management’s acceptance of recommendations.

1.E.

RTC 07-277 

City of Sunnyvale Investment Report 2^nd Quarter 2007

Staff Recommendation: Council receives and files the investment report.

1.F.

RTC 07-272

Award of Contract for the Overhaul of Power Generation Facility Engine

Staff Recommendation: Council awards a contract, in substantially the same form as the draft Purchase Order in an amount not-to-exceed $186,170, to Peterson Power Systems, Incorporated to overhaul Power Generation Facility Engine No. 1.

1.G.

RTC 07-271 

Award of Contract for the Repair of the SMaRT Station Tipping Floor (F0707-07)

Staff Recommendation:

·      Council awards a contract, in substantially the same form as the draft Purchase Order and in an amount of $126,000, to Structural Preservation Systems, Delta Pacific Division, to replace 2,800 square feet of the SMaRT Station tipping floor; and

·      Council approves a project contingency in the amount of $18,900.

1.H.

RTC 07-282

Award Two Contracts for the Emergency Repair of the Water Main on Homestead Road

Councilmember Howe congratulated staff on the emergency repair and stated he agrees the repair does need to be taken care of in an expeditious manner.

Councilmember Howe inquired why there is such a large contingency (25 percent) for the water main repair and pavement replacement. Director of Public Works Marvin Rose stated this is an emergency repair and as such staff does not have specifications or designs in place nor does staff know what problems the contractor will run into once he starts tearing into the project. Director Rose stated with emergency projects such as this often things come up that were not anticipated. The repair service does not include traffic control or restriping as the City will do all of that. Director Rose stated that it is his hope that the contingencies will not need to be used, but having money in place allows staff the flexibility to move quickly if needed.

Councilmember Howe asked Director of Finance Mary Bradley if the city manager has authority approval on contracts that exceed the contract amount approved by Council. Director of Finance Bradley stated once a contract is over $50,000, only the amount approved by Council may be expended.

Councilmember Howe asked about the reserves under the budget modification and inquired if the amount of the Water Supply and Distribution Rate Stabilization Fund Reserve is at a normal level as compared to the past couple of years. Director Bradley stated this fund is the rate stabilization reserve and the balance is normal. This fund is over and above the 25 percent contingency reserve, which is maintained within the water fund for major unplanned emergencies, and the current balance is normal.

Councilmember Howe inquired as to why the funds for this project would be taken out of the rate stabilization fund and not the unplanned fund, and also what is the amount of the 25 percent contingency reserve. Revenue Systems Supervisor Tim Kirby stated the contingency reserve is approximately 4.8 million dollars, which is 25 percent of the total operating budget for water. Councilmember Howe inquired if there has ever been an excess in the contingency reserve and Director Bradley stated it is a fixed amount and has never exceeded the 25 percent. Councilmember Howe confirmed staff believes the current reserves are adequate.

Councilmember Swegles stated he wished to let staff and Council know that resident, Scott Erwin, cleaned out one of the drains in order to allow the flowing water to drain properly. Councilmember Swegles expressed his gratitude for the assistance in making sure the drain was clear.

MOTION: Councilmember Howe moved and Vice Mayor Spitaleri seconded approval of the staff recommendation as follows:

·      Council deems the work to be performed to be of urgent necessity for the preservation of life, health or property;

·      Council awards contract to Preston Pipelines in an amount not to exceed $245,451 to repair approximately 940 linear feet of water main located on Homestead Road between Mary and Kennewick;

·      Council approves contingency for the water main portion of the project in an amount not to exceed $61,363;

·      Council awards contract to O’Grady Paving, Incorporated in an amount not to exceed $89,500 to replace approximately 20,000 square feet of pavement on Homestead Road between Mary and Kennewick;

·      Approve contingency for the pavement portion of the project in an amount not to exceed $22,375, and

·      Approve Budget Modification No. 8 to fund the project.

Vote: 7-0

1.I.

RTC 07-275 

Rejection of the Only Responsive Proposal Received in Response to Request for Proposals No. F0604-96 for Long Range Facilities Planning Services

Staff Recommendation: Council rejects the only responsive proposal received in response to Request for Proposals No. F0604-96 for long-range facilities planning services and authorizes staff to re-issue the RFP to encourage more competitive proposals.

1.J.

RTC 07-276

Award of Request for Proposals No. F0603-86 for Engineering Design Services to Renovate the Heating, Ventilating, and Air-Conditioning Systems in the Primary and Laboratory Buildings and Replace the Primary Building Roof at the Water Pollution Control Plant and Approval of Budget Modification No. 6.

Staff Recommendation:

·      Council awards contract, in substantially the same form as the draft and in the amount of $98,000, to Affiliated Engineers, Incorporated for the design of a replacement heating, ventilating and air conditioning system in the Primary and Laboratory Buildings and the design of the Primary Building roof replacement at the Water Pollution Control Plant;

·      Council approves a design contingency in the amount of $14,700;

·      Council approves Budget Modification No. 6.

1.K.

RTC 07-281

Award of Request for Proposals No. F0605-100 for Sunnyvale Parks and Open Space of the Future Study

Staff Recommendation:

·      Council awards contract, in substantially the same form as the draft and in the amount not-to-exceed $184,635, to Moore Iacofano Goltsman (MIG), Incorporated to conduct a Sunnyvale Parks and Open Space of the Future Study; and

·      Council approves project contingency in the amount of $14,770.

1.L.

RTC 07-269 

Authorization for NOVA to apply for a National Emergency Grant/Regional Innovation Grant not to exceed $250,000

Staff Recommendation: Council authorizes the submission of an application to the U.S. Department of Labor for a National Emergency Grant/Regional Innovation Grant of up to $250,000.

2.

RTC 07-284 

2006-0271 Request for Continuation of the Rezoning Study for Existing Places of Assembly Sites on Residentially Zoned Properties to the Public Facility Zoning District (Study Issue)

Mayor Lee opened the public hearing.

No speakers.

Mayor Lee closed the public hearing.

MOTION: Councilmember Swegles moved and Councilmember Howe seconded to approve staff recommendation: Council continues this matter to September 11, 2007.

VOTE: 7-0

COUNCIL:

Councilmember Howe stated he recently attended the Planning Commission meeting and witnessed a developer doing amazing things with regard to green items on his project. Councilmember Howe stated he would like Council to see the things this developer is planning and would like to invite the developer to make a presentation at a Council meeting or a study session. Councilmember Howe stated he would prefer this be brought to the Council in a public meeting, but if that is not possible, then at a study session. Councilmember Howe asked that this be brought forward fairly soon after the appeal process ends, which is approximately August 28, 2007.

City Manager Amy Chan stated the Mayor can put this item on the agenda or send out an invitation. City Manager Chan stated staff is available to coordinate and assist the developer in making their presentation.

Councilmember Swegles thanked everyone for their thoughts and concerns over his son. Councilmember Swegles stated he was not able to make the candidate forum because his son was going in for emergency surgery. Councilmember Swegles stated his son is home and doing well and he again thanked everyone for their support.

STAFF:

None.