The City Council of the City of Sunnyvale adjourned from a 5:00 p.m. Community Development Strategy Study Session, a 6:30 p.m. Joint Study Session with the Board of Library Trustees and Planning Commission regarding the Library Sub-Element, and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:30 p.m., with Mayor Miller presiding.

Mayor Miller led the salute to the flag.

PUBLIC ANNOUNCEMENTS

There were no announcements.

Robert LaSala, City Manager, requested item 1.F. be removed and deferred to the January 7, 2003 City Council meeting. Councilmember Howe requested item 1.D. be pulled from the consent calendar and discussed separately.

Motion by Councilmember Howe, and seconded by Vice Mayor Risch, for approval of the Consent Calendar with the exception of items 1.D. and 1.F. The motion carried unanimously.

Mary Bradley, Director of Finance, availed herself for questions.

Councilmember Howe inquired about the range of bids and if the lowest bidder was selected.

Director Bradley responded this was a request for proposals, and does not mean they accepted the lowest bid. She added there were only two proposals, one of which was not responsive because the bond was not licensed by the State of California. Per Councilmember Howe’s request, Director Bradley will provide Council with the quote from the other bid.

Mayor Miller inquired why a local company was not selected. Director Bradley responded that the local company was not licensed by the State.

Mayor Miller opened the Public Hearing at 7:35 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Howe moved and Vice Mayor Risch seconded, to award a three-year contract in an amount not to exceed $420,000 to Synagro Technologies, Inc., for the loading, transportation and disposal or reuse of biosolids. The motion carried unanimously.

Mayor Miller requested that Public Hearing item number 8 be heard first.

Trudi Ryan, Planning Officer, presented the staff report. Ms. Ryan reviewed the history of the application to add a 1250 square foot second floor over the back portion of the existing structure. She stated that since the Design Plan exceeded the 45% Floor Area Ratio (FAR), it required Planning Commission review. The Planning Commission denied the permit based on the size of the project, scale with the neighborhood and privacy issues. Ms. Ryan stated the applicant is appealing the Planning Commission action and has revised the project deleting the rear deck, merging two of the first floor bedrooms to become a family room, and adding a second story raised sill window. Ms. Ryan further stated the applicant has provided a petition and letters of support for the design, and current real estate listings for homes in Sunnyvale which have a FAR greater than 45%. She stated that staff believes the front elevation could benefit from the addition of architectural detail on the second floor and recommends Condition of Approval number three requiring the applicant to work with staff on this matter.

Mayor Miller opened the Public Hearing at 7:38 p.m.

Hank Ford, applicant, addressed the concerns of the number of bedrooms, the window height, size of the house and compatibility with the neighborhood. He stated he has discussed the design with neighbors and received overwhelming support. Mr. Ford stated the house will be 3,450 square feet of living space, which is consistent with other neighborhood remodels. He presented slides of other houses in the neighborhood with similar additions.

Brad Wilson, a member of the public, stated he had no objection to the design plan and felt it was keeping with the character of the street.

Ron Swegles, Planning Commissioner, stated the Commission did not approve the design based on the floor plan, the size of the project and privacy issues.

In response to Councilmember Fowler, Mr. Swegles and Dave Simons, Chair of the Planning Commission, stated they would not change their vote if the number of bedrooms were reduced. They stated their concern is with the overall square footage, scale and size.

Councilmember Walker inquired what a reasonable size is for this location. Mr. Swegles responded that a reduction of 300 square feet would bring the plans into FAR compliance.

Allen De Grange, Architect, stated he designed the addition to fit into the neighborhood, and that the geometry of the upstairs requires the additional 300 square feet.

Vice Mayor Risch inquired if the applicant would work with staff to improve the front of the house. Mr. De Grange responded they would.

Mayor Miller inquired if the house behind the property was one or two stories and if the neighbor approved of the plans. Mr. Ford responded the house is a one story and the neighbor approves of the plans.

Mayor Miller further inquired about the impact to the neighbor, Wing Cheng, and expressed concern on the impact of the addition.

Wing Cheng, a member of the public, expressed concern about the size of the addition, the shadow effect on his house and the impact on his privacy.

Hank Ford, applicant, clarified that he did make his intentions clear to the Planning Commission that two of the bedrooms will be replaced with a family room. He further stated the addition was designed so that the effect would not be a "monster house", and addressed the concerns of his neighbor Wing Cheng.

Mayor Miller closed the Public Hearing at 8:20 p.m.

Vice Mayor Risch moved, and Councilmember Walker seconded, to grant the appeal and thereby approved the Design Review with the following conditions (with emphasis on conditions three and four):

1. The one-year expiration date of this Design Review shall be measured from the date of the approval by the final review authority at a public hearing if the approval is not exercised.
2. The applicant/property owner shall reproduce the Conditions of Approval on the Title page of the plans submitted for a Building Permit for this project.
3. The front building elevation shall be revised showing planter boxes or other architectural detail at the windows for the second floor. The revised front building elevation shall be submitted for review and approval by the Director of Community Development prior to issuance of a building permit.
4. Exterior material and colors shall match the existing house. Roof material shall be a minimum 50 year architectural composition shingle. These items shall be noted on plans submitted for the building permit.
5. The developer/applicant shall obtain any required building permit.

The motion carried with Mayor Miller and Councilmembers Fowler and Howe dissenting.

Susan Kitchens, City Clerk, presented the staff report. She requested the recruitment be re-opened on December 18, and be extended to January 24, 2003, to develop a larger pool of applicants for the Heritage Preservation Commission, Arts Commission and the Board of Building Code Appeals.

The Council voted on the appointments as follows:

BOARD OF BUILDING CODE OF APPEALS (2 vacancies – terms expire 2004 and 2005)

Vote for term expiring in 2005:

Nick Pal

AYES: Fowler, Howe, Miller, Risch, Valerio, Vorreiter, Walke
NOES: None
ABSTAIN: None

CHILD CARE ADVISORY BOARD (1 vacancy – term expires 2006)

Carol Jevons

AYES: Fowler, Howe, Miller, Risch, Valerio, Vorreiter, Walker
NOES: None
ABSTAIN: None

HERITAGE PRESERVATION COMMISSION (3 vacancies – terms expire 2004, 2005 and 2006)

Vote for term ending 2006:

Brian McQueen

AYES: Miller
NOES: Fowler
ABSTAIN: Howe, Risch, Valerio, Vorreiter, Walker

Lillian Pang

AYES: Fowler, Howe, Miller, Risch, Valerio, Vorreiter, Walker
NOES: None
ABSTAIN: None

Lillian Pang was declared appointed to the Heritage Preservation Commission for a term expiring in 2006.

Vote for term ending 2005:

Brian McQueen

AYES: Fowler, Howe, Miller, Risch, Valerio, Vorreiter, Walker
NOES: None
ABSTAIN: None

HOUSING & HUMAN SERVICES COMMISSION (1 vacancy – term expires 2005)

Narendra Pathak

AYES: Fowler, Miller, Risch, Vorreiter, Walker
NOES: None
ABSTAIN: Howe, Valerio

PARKS AND RECREATION COMMISSION (2 vacancies – terms expire 2003 and 2005)

Vote for term ending 2005:

Felix Balga

AYES: None
NOES: None
ABSTAIN: Fowler, Howe, Miller, Risch, Valerio, Vorreiter, Walker

Craig Crawford

AYES: None
NOES: None
ABSTAIN: Fowler, Howe, Miller, Risch, Valerio, Vorreiter, Walker

Helen DeWolf

AYES: Fowler, Howe, Miller, Risch
NOES: None
ABSTAIN: Valerio, Vorreiter, Walker

Lisa Davis

AYES: Valerio, Vorreiter, Walker
NOES: None
ABSTAIN: Fowler, Howe, Miller, Risch

Ted Ringel

AYES: Vorreiter, Walker
NOES: None
ABSTAIN: Fowler, Howe, Miller, Risch, Valerio

Cynthia Schwenke

AYES: Walker
NOES: None
ABSTAIN: Fowler, Howe, Miller, Risch, Valerio, Vorreiter

Nicolas Steinmeier

AYES: None
NOES: None
ABSTAIN: Fowler, Howe, Miller, Risch, Valerio, Vorreiter, Walker

Vote for term ending 2003:

Felix Balga

AYES: Fowler, Howe
NOES: None
ABSTAIN: Miller, Risch, Valerio, Vorreiter, Walker

Craig Crawford

AYES: Fowler, Howe, Miller, Risch
NOES: None
ABSTAIN: Valerio, Vorreiter, Walker

Lisa Davis

AYES: Fowler, Howe, Valerio, Vorreiter, Walker
NOES: None
ABSTAIN: Miller, Risch

Ted Ringel

AYES: Fowler, Howe, Miller, Vorreiter, Walker
NOES: None
ABSTAIN: Risch, Valerio

Cynthia Schwenke

AYES: Fowler, Howe, Miller
NOES: None
ABSTAIN: Risch, Valerio, Vorreiter, Walker

Nicolas Steinmeier

AYES: Fowler, Howe, Miller
NOES: None
ABSTAIN: Risch, Valerio, Vorreiter, Walker

Vote to break tie between Lisa Davis and Ted Ringel:

Lisa Davis

AYES: Howe, Valerio, Vorreiter, Walker
NOES: None
ABSTAIN: Fowler, Miller, Risch

Ted Ringel

AYES: Fowler, Howe, Miller, Risch
NOES: None
ABSTAIN: Valerio, Vorreiter, Walker

A tie was again declared, therefore, following Council Policy 7.2.8, City Attorney Valerie Armento drew lots and Ted Ringel was declared appointed to the Parks & Recreation Commission for a term expiring in 2003.

PERSONNEL BOARD (2 vacancies – terms expire 2004 and 2006)

Vote for the term ending 2006:

Frank Agabah

AYES: Fowler, Howe, Risch, Valerio, Vorreiter, Walker
NOES: None
ABSTAIN: Miller

Karen Bushman

AYES: Fowler, Howe, Miller, Risch, Valerio, Walker
NOES: None
ABSTAIN: Vorreiter

Re-vote for term ending 2006 to break tie.

Frank Agabah

AYES: Fowler, Howe, Risch, Valerio, Vorreiter, Walker
NOES: None
ABSTAIN: Miller

Karen Bushman

AYES: Miller, Risch, Valerio, Walker
NOES: None
ABSTAIN: Fowler, Howe, Vorreiter

Frank Agabah was declared appointed to the Personnel Board for a term expiring in 2006.

Vote for term ending 2004:

Karen Bushman -

AYES: Fowler, Howe, Miller, Risch, Valerio, Vorreiter, Walker
NOES: None
ABSTAIN: None

Annabel Yurutucu, Housing Officer, presented the staff report. She stated the Mid-Peninsula Housing Coalition is requesting the City of Sunnyvale agree to have an existing agreement modified to remove the requirement of payment to the City of the total ad valorem property taxes. The modification would permit the use of existing funds, held in a reserve account, to fund the rehabilitation costs at 825 Morse Avenue. She stated that Mid-Peninsula has a purchase agreement to purchase 825 Morse Court from their tax credit limited partner for $2,800,000, and that the California Housing Finance Agency (CalHFA) is willing to loan $2,800,000 subject to completion of $400,000 of rehabilitation. Ms. Yurutucu stated that since 1988, the reserve has accrued to over $380,000, and that the funds would be distributed as other property taxes, with Sunnyvale’s share being approximately $35,000.

Councilmember Vorreiter inquired if the payment of $35,00 to the City would jeopardize any threshold. Ms. Yurutucu responded that should the rehabilitation costs be under $400,000, those monies would be used to repay the City.

Councilmember Fowler asked for clarification of the $380,000 reserve and the payment to Sunnyvale. Ms. Yurutucu responded that the $380,000 property tax would be distributed to all jurisdictions, with $35,000 due to Sunnyvale. She further stated that the $35,000 was part of a pre-existing agreement with Sunnyvale before non-profit properties were exempt from property tax.

Mayor Miller opened the Public Hearing at 8:55 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Howe moved, and Councilmember Walker seconded, to approve the modification to the agreement for the Disposition of Land, recorded on 825 Morse Avenue, providing a total due to the City of Sunnyvale of approximately $35,000, of the required repayment of "ad valorum property tax" from January 1988 through June 2002. The amount to be repaid from the project affordability reserve balance after rehabilitation and with any remaining unpaid balances due upon repayment of the CalHFA lien. The motion carried unanimously.

Trudi Ryan, Planning Officer, presented the staff report. She stated that Council adopted the draft Single Family Design Techniques, subject to minor changes, and requested that staff provide the final version to the Council as well as review possible techniques relating to the privacy impacts of significant grade differences between properties. Ms. Ryan reviewed staff findings of expense to property owners, number of properties affected, available methods of addressing privacy impacts, and potential impacts to neighbors. She stated staff is concerned with the possible expense of requiring grading plans for all Design Review submittals and requiring specific fence heights to address privacy impacts, and that staff does not have review authority over the height of foundations. She stated staff recommends approval of the proposed language addressing significant grade differences between properties as incorporated into the final Design Techniques.

Vice Mayor Risch inquired if a homeowner wished to develop a crawl space under a foundation, would this policy affect this. Ms. Ryan responded the policy would not affect this, but the homeowner may need to grade to build a foundation so that it is not rising disproportionately above other homes.

Mayor Miller opened the Public Hearing at 9:04 p.m.

Wilma Anderson, a member of the public, expressed concern about the grade differences between properties and asked for assurance that staff will implement the policy.

The Council entered into a discussion regarding a trigger event that would alert staff to make a site visit, what further steps staff could undertake to make certain additions and remodels meet the code, and a way to revise the permit application to capture grade/separation differences.

Robert Paternoster, Director of Community Development, stated the application could be redesigned to add a section for grade differences, but staff would have to rely on the accuracy or knowledge of the applicant, and it would be difficult to enforce the code after construction is completed.

Mayor Miller closed Public Hearing at 9:30 p.m.

Councilmember Walker moved, and Councilmember Howe seconded, to adopt the design policies regarding privacy and differential grades as incorporated into the final Single-Family Design Techniques.

Mayor Miller offered a friendly amendment to redesign the application to include a question regarding grade separation with adjacent properties. The amendment was accepted.

Councilmember Howe offered a friendly amendment to redesign the application to include an area to disclose a grade separation of more than 12 inches, and to disclose if there is a retaining wall between the adjoining property. Staff to conduct a site visit if either of these conditions is disclosed on the application. The amendment was accepted.

The motion carried unanimously

Coryn Campbell, Manager, Neighborhood and Community Services, presented the staff report. She stated that based on Council discussion at the July workshop, staff identified the desired outcomes of the community process. She reviewed the nine options that were identified as appropriate for achieving these outcomes. These are:

Ms. Campbell stated that because the overriding goal of this project is to build community in Sunnyvale, staff believes the best option for gathering community input is the study circle process. However, because of the required resources and current economic environment, staff has included a modified and expanded workshop process that is low cost and includes a community building component. She further stated staff is recommending an informal survey, an open house, and utilizing citizen participation venue afforded by existing Boards and Commissions.

Mayor Miller opened the Public Hearing at 9:38 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Vorreiter moved, and Vice Mayor Risch seconded, to concur with staff recommendations and approved the following options:

6. Comment Line

A comment line is similar to a hotline, but is a message-only line, and is not staffed by a live person. A comment line provides community members with an easy, familiar, and highly accessible means of providing input. Outgoing messages on the comment line can be available in several languages. This option will be implemented as part of the Neighborhood and Community Services Outreach Program.

7. Community Survey – Option B.

Informal Survey – Neighborhood and Community Services staff will develop an informal survey. The survey will be professionally evaluated for bias, but will not be statistically valid. It will be distributed to community and neighborhood associations, schools, local businesses, and at other key locations in the community. It will also be available (interactively) on the City’s web site. The surveys will be available in English, Spanish and Chinese.

9. Community Workshop, Expanded Process – Option B.

Recruiting the Stakeholder Group. The Stakeholder Group would number 30-40 community members representing a cross section of the community: old/new residents, yes/no people, young/old, ethnic diversity, economic diversity, business and community associations. The Stakeholder Group would be the participants in the community workshop, charged with reviewing best practices and developing prioritized strategies to build community and engage the public in meaningful ways.

Councilmember Fowler offered a friendly amendment to include no cost option number one, Advisory Groups – existing Boards and Commissions could be utilized to provide input. Since these groups are already charged with representing the community and providing input to Council, a discussion on the community engagement issues could be tied into one of their regular meetings. While this does not result in broad outreach, it is an effective and efficient means of utilizing resources that are already in place. The amendment was accepted.

Councilmember Fowler offered a friendly amendment that the approved options be funded from fiscal uncertainties. The amendment was accepted.

The motion carried unanimously.

Deborah Clark, Communications Officer, presented the staff report. She stated this report evolved from a study issue to investigate ways to enhance KSUN. She stated KSUN is an underutilized resource that could become a more effective public outreach tool with improvements. Ms. Clark reviewed the four options:

She stated that given the current budget situation, staff recommends Council select option number one and identify which programming options that are most appealing, and consider those in the coming year’s budget.

Mayor Miller inquired about the possibility of training a staff member who can fill in for emergency situations. Ms. Clark suggested the Deputy Communications Officer or a member of IT be designated.

In response to Councilmember Fowler, Ms. Clark stated the playback decks were VHS as part of a low cost option.

Mayor Miller inquired what resources are needed, and the process to air a videotape from an outside source. Ms. Clark responded the programming is done by KMTV, the tape is scheduled ,and some computer modifications need to be made. She further stated this would be a one-time cost.

Mayor Miller opened the Public Hearing at 9: 50 p.m.

Ron Swegles, a member of the public, expressed concern that some independents are not receiving Channel 18. He inquired if there is a study to find a way to add them.

Shawn Hernandez, Director of Information Technology, responded stating some areas do not have cable access, and there are tariff issues as well. He stated staff will be addressing this in their franchise negotiations scheduled for 2005.

Mayor Miller closed the Public Hearing at 9:54 p.m.

Councilmember Walker moved, and Councilmember Howe seconded, to approve alternative number one, low or no-cost improvements, and identify which programming options are most appealing, and consider those in the coming year’s budget.

Mayor Miller offered a friendly amendment to add option 2, to utilize available public education and government access shows in VHS format. The amendment was accepted.

Marilyn Crane, Manager, Information Technology Services, assisted by Shawn Hernandez, IT Director, presented the staff report. She stated that staff explored the digital technology available for playback purposes on Public Access Cable TV Channel 60 and KSUN Government Channel 18. She stated that digital technology would enable the City to enhance features of bulletin boards for both channels. Ms. Crane further stated that the estimated cost for this project is $150,000 ($75,000 per channel), and, due to budget constraints, recommends that Council take no action at this time.

The Council entered into a discussion regarding the allocation of the capital funding, replacement and upgrade of equipment, and web casting.

City Manger Robert LaSala suggested that staff come back to Council with a capital spending plan.

Mayor Miller opened the Public Hearing at 10:22 p.m.

Ron Swegles, a member of the public, inquired if the City would maintain a VHS system. Ms. Crane responded that all media’s would be covered.

Mayor Miller closed the Public Hearing at 10:23 p.m.

Vice Mayor Risch moved, and Councilmember Howe seconded, to direct staff to take no action at this time and place this item for consideration during the next budget hearing opportunity. Staff to present a capital spending plan for cable access television and report on how to integrate this technology with web cast technology. The motion carried unanimously.

Helen Cheng, a member of the public, expressed concern on the approval of the design review for 1669 Lachine Drive, and inquired if she could appeal the decision. City Attorney Valerie Armento clarified that the Council decision is final.

Councilmember Howe stated he would like the Housing Mitigation Fund Report, with staff’s analysis, to come back to Council in January or early February. He expressed concern regarding the timing and the possibility of the Sunnyvale School District losing projects. Director Paternoster responded the City staff is willing to offer their technical expertise to the Sunnyvale School District with decisions regarding their funding proposals.

Councilmember Howe wished Vice Mayor Risch a happy birthday.

Vice Mayor Risch requested an analysis of the SVACA and Palo Alto proposals regarding animal control. City Manager LaSala responded that a workshop will be held in early January for a presentation of the cost analysis that was undertaken by the cities of Cupertino, Los Gatos and Sunnyvale. He further stated he would brief the Council on the proposal that the City of Palo has provided and then determine the next steps to be taken by Council.

Councilmember Fowler announced that his wife, Phyllis Fowler, has been appointed to fill a one-year interim vacancy on the Sunnyvale School Board.

Mayor Miller requested a presentation on Redevelopment Agency revenues and expenditures. Vice Mayor Risch clarified that the Council does review the budget and expenditures of the Redevelopment Agency, and that all the meetings are broadcast with reports available to the public.

Mayor Miller wished everyone a happy holiday.

There were no comments.

Mayor Miller declared the meeting adjourned at 10:55 p.m.

Respectfully submitted,

Susan Kitchens, City Clerk