MINUTES

SUNNYVALE CITY COUNCIL

MAY 16, 2000

Margaret Maletis of Celebrate Sunnyvale 2000 and the Sunnyvale Historical Society introduced students from Vargas School for a historical moment.

Stephanie Ortega, Trevor Ryan and Bihter Ozedirne spoke regarding why their school was named after Manuel Vargas, who was known as "Mr. Sunnyvale" for his numerous contributions to the history of the City. Students from Vargas School presented an imaginative skit depicting the life of Manuel Vargas.

Margaret Lawson, Chair of Celebrate Sunnyvale 2000, requested that a Celebrate Sunnyvale 2000 banner be hung in the Council Chamber and presented an update of the tree planting project which will include commemorative bricks.

Leslie Lawton, representing the OHPIE alliance, reported on a successful barbecue event held recently and presented a chocolate tree to each of the Councilmembers. She stated that she is interested in having a mini-charrette at the arboretum for students to exchange artistic ideas. She also stated that a grand opening for OHPIE is planned for the Spring. Persons interested in purchasing a commemorative brick may call 749-9848.

Arley Marley, representing the Chamber of Commerce, announced that a small business development program has been created and that workshops will be held through the UCSC extension. Interested persons may contact the Chamber at 736-4971 for more information.

Councilmember Roberts announced that the City will be conducting a citizens’ opinion survey in late May/early June in order to identify critical issues of concern to residents and to gauge how well services are being provided to the community. He then thanked residents in advance for their participation in the survey.

Councilmember Roberts then announced that the City of Sunnyvale and the Celebrate Sunnyvale 2000 Committee want to recognize 2,000 individuals who have contributed to our community. Nomination forms are available at the Community Center, Senior Center, City Hall Lobby, Chamber of Commerce, and on the City’s website. Nominations of anyone who has made a difference in the community must be submitted by August 25.

Councilmember Valerio announced that last week he went to Sacramento on behalf of the VTA for the California Transportation Foundation dinner, where the Tasman West Light Rail Line was recognized as the public transportation project of the year for the state of California. The project is mostly within the City of Sunnyvale, and was recognized for the collaboration and cooperation that took place between municipalities and the VTA and the project’s completion under time and budget estimates.

Councilmember Miller announced that the San Francisco Bay Trail Board of Directors was allocated $55,000 from a grant to complete a portion of the Bay Trail. She also announced that Governor Davis recently made appointments to form the San Francisco Bay Area Water Transit Authority . She further stated that last week she attended the American Lung Association Clean Air Awards and her nomination was Steve Kirsch, recipient of the Outstanding Leadership Clean Air Envy Award.

Nancy Susan Hanks of the Northwest YMCA in Cupertino presented the organization’s services and mission. The agency serves families through providing child care, a teen center, family nights, youth sports, and personal fitness programs. A new family aquatic center is being constructed for completion by December 1. One of their goals is to increase service to underserved areas.

Vice Mayor Walker announced that a closed session on a personnel matter was held immediately prior to the City Council meeting and that no action was taken.

Vice Mayor Walker announced a late addition to the agenda, "Approval of an Amendment to Additional Funding Agreement Authorizing the Funding of an Additional Reserve for Community Facilities District No. 1 Bond Anticipation Notes."

Vice Mayor Walker then moved to add this item to the agenda, since there is a need to take immediate action on this item, and the need for action came to the Council’s attention subsequent to the agenda being posted. Councilmember Valerio seconded the motion. The motion carried unanimously.

Mayor Vorreiter announced that this will be Item No. 7 on the agenda.

Councilmember Risch requested the removal of Item 1.D. from the Consent Calendar. Councilmember Miller moved, and Councilmember Valerio seconded, approval of the Consent Calendar, with the exception of Item 1.D. The motion carried unanimously.

Public Works Director Rose presented the staff report and responded to Council questions.

Mayor Vorreiter opened the public hearing at 8:06 p.m.

Werner Gans stated that he would like a public hearing on this matter as soon as practical, and that a lot trees are being removed.

Thom Mayer stated that staff should include bicycle safety aspects to this project.

Public Works Director Rose clarified that there would be two additional public hearings on this matter, as well as multiple opportunities for public input.

Mayor Vorreiter closed the public hearing at 8:10 p.m.

Councilmember Risch moved, and Vice Mayor Walker seconded, adoption of the resolution and approval of the staff recommendation.

Resolution No. 146-00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE APPROVING PROGRAM SUPPLEMENT NO. M005 TO LOCAL AGENCY-STATE AGREEMENT NO. 04-5213 REGARDING PRELIMINARY ENGINEERING FOR WOLFE ROAD WIDENING

The motion carried unanimously.

Mayor Vorreiter opened and closed the public hearing at 8:17 p.m.

Councilmember Miller moved, and Councilmember Valerio seconded, first reading of the ordinance.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING CHAPTER 9.84 OF THE SUNNYVALE MUNICIPAL CODE PERTAINING TO MINORS IN POOL AND BILLIARD HALLS

The motion carried unanimously.

Mayor Vorreiter opened the public hearing at 8:25 p.m.

Arthur Schwartz suggested that Council meetings be broadcast on an AM radio station and that such a station could be used for announcements of city events and emergencies, such as use during an earthquake.

Thom Mayer suggested that traffic information be posted on the city’s website, and that a traffic station would save commuters time.

Mayor Vorreiter closed the public hearing at 8:27 p.m.

Councilmember Risch moved, and Councilmember Roberts seconded, approval of the staff recommendation (alternative 2 in the report) to (1) proactively distribute traffic reports to local news media when a situation produces above normal levels of traffic congestion on major roadways in Sunnyvale; (2) establish operating procedures that departments would use to communicate traffic reports when higher than normal traffic congestion is occurring, or may occur, to the Public Safety Department, and Public Safety staff would communicate information to local news media; (3) Continue to monitor conditions that may produce higher than normal traffic congestion on local major roadways to determine if patterns are emerging; and (4) continue to study other local governments’ use of AM radio stations to broadcast traffic reports. The motion carried unanimously.

City Manager LaSala also responded to Council questions.

Mayor Vorreiter opened the public hearing at 8:35 p.m.

Holly Lofgren stated that any amount of funds donated should be recognized, and suggested methods for recognition of certain donations through the use of bricks, tiles or walls. She stated that the Fremont Pool was not going to be on City property and that she was working with Fremont High School to develop a recognition wall for the pool.

Mary Ann Reilly, member of Fremont High School Foundation, stated that the City needed a broader view of recognition, and that visual recognition demonstrates pride, historical recognition and is purposeful.

Arthur Schwartz stated that his daughters purchased a park bench three years ago to honor his wife, who had passed away, and his request to place a plaque on the bench was denied. He spoke in support of recognizing those who make smaller monetary donations and in favor of allowing plaques of recognition.

Werner Gans spoke in support of plaques, and suggested a one-year trial period for plaque installation.

Thom Mayer spoke in support of allowing plaque placement, as he has seen this done in many other cities and it builds a sense community. He stated that a bench could receive a small plaque as long as the amount of the donation covered the cost of the plaque.

Mayor Vorreiter closed the public hearing at 8:59 p.m.

Councilmember Roberts moved, and Councilmember Fowler seconded, approval of the staff recommendation to modify the existing policy to define "significant donation" and provide clarity for the recognition of donations through a tiered approach to recognition as outlined in the staff report, with amendments as follows: (1) allow recognition of smaller donations (e.g. park benches) and provide staff the flexibility to allow for such recognition; (2) the person who donates the item is to bear the responsibility for funding the plaque and the City is not to bear any expense; (3) staff to prepare standard guidelines for plaque recognition; and (4) direct staff to incorporate these amendments into the policy.

Councilmember Miller requested a friendly amendment to allow flexibility of the policy on a case-by-case basis, since she felt the policy as written is too restrictive and prevents a sense of historical purpose.

Councilmember Roberts stated that the flexibility of case-by-case review of smaller recognition should be handled at a staff level.

The motion carried unanimously.

Mayor Vorreiter opened and closed the public hearing at 9:09 p.m.

Councilmember Fowler moved, and Councilmember Valerio seconded, to authorize the City Manager to sign the MOU with San Jose State University Foundation regarding the Collaborative for Disaster Mitigation. The motion carried unanimously.

Community Development Director Boesch responded to Council questions on this item.

No action was taken on this item.

Finance Director Bradley presented the staff report and responded to Council questions.

Mayor Vorreiter opened and closed the public hearing at 9:24 p.m.

Councilmember Risch moved, and Councilmember Fowler seconded, approval of the amendment to additional funding agreement and the additional reserve fund agreement and authorize staff to fund the $3.825 million reserve. The motion carried unanimously.

Werner Gans stated that the trend toward building larger homes was creating complex issues regarding privacy. He suggested that the City should mandate that in the case of any second story additions adjacent to single-family homes, neighboring homeowners should be notified of plans.

In response to Vice Mayor Walker, Community Development Director Boesch explained the current policy for issuing permits.

Vice Mayor Walker suggested that the City provide notification to neighbors as an interim step.

Mary Hayes showed pictures of the new, large home being built adjacent to her rear yard, which is in an Eichler neighborhood. She expressed her distress at the permitting situation and her loss of privacy, and stated that a mistake was made in design review.

City Attorney Armento addressed questions regarding City action on the matter, and stated that the Council could not take action tonight to stop construction on the home as long as the construction is in conformance with the permit.

Councilmember Miller made a motion to direct that immediate action be taken to prevent this situation from happening again.

City Manager LaSala stated that staff would be as proactive as possible in working collaboratively with property owners on this issue and that existing policies cannot be suspended immediately.

City Attorney stated that a procedure for a moratorium would require a supermajority and could be brought back to Council.

Councilmember Miller requested that the City Attorney prepare the appropriate documentation for a moratorium, to be enacted by a supermajority vote, to prevent second stories that provoke the loss of privacy.

City Attorney Armento stated that one alternative could be to focus on second stories in the Eichler neighborhoods, that staff could come up with different alternatives for Council to consider, and that there was a timing issue of 120 days related to moratoriums.

City Manager LaSala stated that staff could come back to Council in two weeks with alternatives for an interim proposal to address the issue. The alternatives would include considerations for courtesy notices provided to neighboring property owners.

Vice Mayor Walker requested that landscaping requirements be looked at as part of the long-term study issue.

Bill Callahan showed pictures of the large home being constructed on Wright Avenue in the Eichler neighborhood.

Cecilia Compachero stated that other cities in the area had policies and that the City should consider using one of these policies as a guide instead of conducting a lengthy study. She also added her objections to the large home and the detailed process of reviewing alterations to existing homes.

Willa Beason stated that she has lived in Sunnyvale for 39 years and that in the past, when homes were modified, they had to go before the Planning Commission. She also stated that the guidelines and permit process needed to be changed.

Gretchen Callahan stated that her house was broken into a few years ago, and that now she feels violated, as she did when that incident occurred.

Joan Gans stated that expansion should be allowed based upon the current square footage of a house.

Thom Mayer requested that when a bench or other item is donated, that the cost of a plaque and maintenance of the item be included in the cost of a donation.

Dave Simons announced that tomorrow from 5:30 - 7:00 p.m. a Leadership Sunnyvale Open House would be held at the Chamber of Commerce.

Councilmember Risch stated that he recently attended the Fremont High School production of "Grease" and he highly recommended that people attend this fine event.

There were no comments from staff.

Mayor Vorreiter adjourned the meeting in memory of Shirley Clements, former Librarian with the City for 22 years, who passed away recently at the age of 71. She had breast cancer and donated her story to the digital clubhouse and her history will live on for future generations. The Mayor then asked for a moment of silence in honor of Shirley Clements.

At 11:00 p.m., the Mayor adjourned the meeting to a study session on the Council’s upcoming legislative trip to Sacramento.

Respectfully submitted,

Linda Kelly
Senior Management Analyst/
Deputy City Clerk