The City Council of the City of Sunnyvale adjourned from a 5:00 p.m. Closed Session regarding Conference with Legal Counsel on NPDES Wastewater Permit, to a 5:15 p.m. Study Session Regarding Town Center Mall Review of Site and Architectural Plans, then to a 6:30 p.m. Study Session regarding Intergovernmental Relations Update, and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California, at 7:35 p.m. with Mayor Miller presiding.

Margaret Lawson, a member of the public, led the salute to the flag.

Mayor Miller introduced Louie Lombardo, Director and Chief Engineer for Special Programs at Lockheed Martin, and thanked him and Sunnyvale businesses for their contributions and commitment to improving the quality of education in Sunnyvale. She stated the City’s Economic Prosperity Program and Sunnyvale businesses have partnered to make education outreach a priority. Mr. Lombardo made a brief presentation on Sunnyvale business participation in education and Junior Achievement over the past year.

Vice Mayor Risch announced that the Council met in a Closed Session Conference with Legal Counsel, Government Code Section 54956.9 NPDES Wastewater Permit. Direction was given but no action was taken.

Mayor Miller announced that the Council lost the softball game against the Sunnyvale staff last Saturday and congratulated the winning team.

Mayor Miller announced she attended the first Annual Sunnyvale American Cancer Society’s Race for Life and congratulated them on their successful event.

Mayor Miller announced that there will be a short ceremony on September 11, 8:15 a.m. at Station Number 2 (Wolfe and Arques), in remembrance of the tragedy of September 11. The public is invited to attend.

City Manager LaSala requested item 1.C. be removed from the Consent Calendar. Thom Mayer, a member of the public, requested item 1.E. be pulled from the Consent Calendar and considered separately. Vice Mayor Risch moved, and Councilmember Howe seconded, to approve the Consent Calendar with the exception of 1.C. and 1.E. The motion carried unanimously.

Marvin Rose, Director of Public Works, availed himself for questions.

Mayor Miller opened the Public Hearing at 7:51 p.m.

Thom Mayer, a member of the public, questioned the cost of the project and suggested the use of steel.

Director Rose responded that this was a routine floor for its intended use and steel would not be appropriate.

Mayor Miller closed the Public Hearing at 7:55 p.m.

Councilmember Vorreiter moved, and Councilmember Valerio seconded, to award a contract, in the amount of $215,202, to Delta Pacific, Inc., for repairs to the SMaRT Station Tipping Floor; and approve a contingency in the amount of $32,280. The motion carried unanimously.

Thom Mayer, a member of the public, requested that Council reconsider the existing traffic calming study for the Lakewood Village area.

Vice Mayor Risch moved, and Councilmember Fowler seconded, to agendize this for a future Council meeting.

Councilmember Walker offered a friendly amendment to bring this item back in the context of a study issue. The amendment was not accepted.

The motion carried with Councilmembers Valerio, Vorreiter and Walker dissenting.

Steve Fisk, President of the Sunnyvale Public Safety Officers Association, congratulated Mayor Miller on her appointment to the U.S. Conference of Mayors Homeland Security Task Force, and thanked her for her commitment to strengthening the relationship between the Federal government and municipal governments.

Vice Mayor Risch announced the City of Sunnyvale is holding a public meeting on the residential design guidelines for the new Downtown Specific Plan on Thursday, August 28, at 7:00 p.m., in the Community Room at the Community Center. For more information, contact Diana O’Dell, Project Planner, at 408-730-7542.

Jack Witthaus, Transportation and Traffic Manager, requested this item be continued to the November 11 Council meeting in order to accommodate a study session and give staff the opportunity to review the project with Council.

In response to Vice Mayor Risch, Mr. Witthaus responded the delay allows time to wrap up public outreach activities with the business community and time to address their issues, as well as consideration of the Moffett Park Specific Plan implications.

Director Rose assured Vice Mayor Risch that the report would be ready for Council consideration by November 11.

It was the consensus of Council that this item be continued to November 11.

Fred Bell, Principal Planner, presented the staff report. He reported the applicant is seeking a Rezone of the subject property from R-3 (Medium Density Residential) to R-3/PD (Medium Density Residential / Planned Development) to allow the development of 7 townhouse units. The subject site is relatively small for an R-3 development and flexibility on building height is necessary in order for the project to achieve sufficient density to meet the City’s 75% density goal. The proposed project will result in the replacement of an existing single family home with a medium-density residential project that is consistent with the development patterns within the local neighborhood. No significant impacts on surrounding properties are expected.

Councilmember Vorreiter inquired about the lot width deviation from 120 feet to 22 feet. Mr. Bell responded the 120 feet lot width applies to R-3 developments, and 22 feet is not uncommon for R-3/PD zoning which is appropriate for this location.

Councilmember Howe inquired if this project should require a Below Market Rate (BMR) unit. Mr. Bell responded it was staff’s determination that this development did not require a BMR unit.

Councilmember Howe requested that if there is any room for interpretation of the BMR number, that staff bring it back to Council for definition.

Councilmember Howe inquired if the number of stories on adjacent streets was the same. Mr. Bell responded he did not note the number of stories, but the height of the buildings are comparable.

Councilmember Walker inquired if there are routine checks to see if parking is in compliance with City code. Robert Paternoster, Director of Community Development, responded they do not check to see if garages are used for vehicles.

Councilmember Walker inquired if staff conducts a cumulative analysis of the parking requirements in areas where there is not a sufficient number of guest parking spaces to determine the impact on on-street parking. Mr. Bell responded they do not conduct such an analysis, but go with the assessment that was part of the original requirement for parking. Director Paternoster added this development meets the required parking standards.

Mayor Miller inquired if there was any way to save two trees on the property. Mr. Bell responded the design and constraints of the site necessitate the removal of the trees, but landscape plans include replacement of those trees.

Mayor Miller inquired if there has been any resistance to this project from the neighbors. Mr. Bell responded staff has not met formally with the adjoining property owners.

Councilmember Walker inquired when bicycle parking would be determined. Mr. Bell responded this is determined at the time of plan check review, but there will be two secured spaces.

Bruno Marcelic, architect for the project, stated the project fits into the community in scope and character and feels it will enhance the neighborhood. He stated they will landscape 31 percent of the lot and are providing 17 percent more open space then what is required.

Councilmember Howe inquired if Mr. Marcelic knew the height of existing buildings on adjoining streets. Mr. Marcelic responded that they conducted a study on Wolfe Road properties that are adjacent to their project, and the property at the corner of Marie and Wolfe is 36 feet in height. He stated there are both two story and three story developments in the area.

Mayor Miller opened the Public Hearing at 8:45 p.m.

In response to Councilmember Howe, Moshe Mendelson, applicant, stated he is not familiar with the BMR program.

Dave Simons, a member of the public, asked for clarification that the bicycle parking for the proposed project is for two secured spaces. Mr. Bell responded staff’s requirements for bicycle parking are compatible with VTA standards and are in the conditions for approval. Mr. Simons suggested that proposed bicycle parking areas be passed through the Bicycle and Pedestrian Advisory Committee to advise if the designated area is appropriate.

Mayor Miller closed the Public Hearing at 8:52 p.m.

Councilmember Walker moved, and Vice Mayor Risch seconded, to adopt the Mitigated Negative Declaration and introduce an Ordinance to Rezone property located at 953 W. Wolfe Road from R-3 to R-3/PD and approve the Special Development Permit and Tentative Map with the condition that staff evaluate the BMR application on this project, discuss this with the applicant, and if they cannot come to an agreement, the applicant can come back to Council to discuss the BMR unit. Further, that the implementation of the bicycle parking be brought before the Bicycle and Pedestrian Advisory Committee.

Councilmember Valerio offered a friendly amendment to direct staff to ascertain the correct application of the BMR formula, discuss it with the applicant and provide Council a memo explaining the proper application of the BMR based on their analysis. The amendment was accepted.

The motion carried unanimously.

Councilmember Walker requested that staff add a legislative item for the Council on cumulative parking impacts.

ORDINANCE NO. 2734-03 AN ORDINANCE OF THE CITY OF SUNNYVALE AMENDING THE PRECISE ZONING PLAN, ZONING DISTRICTS MAP, TO REZONE CERTAIN PROPERTY LOCATED AT 953 SOUTH WOLFE ROAD FROM R-3 (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO R-3/PD (MEDIUM DENSITY RESIDENTIAL/PLANNED DEVELOPMENT) DISTRICT

Robert Walker, Director of Parks and Recreation, presented the staff report. He stated the Sunnyvale Historical Society and Museum Association ("the Association") is partnering with the City of Sunnyvale to develop a Historical Museum at Orchard Heritage Park. During their fund-raising process, the Society would like to offer potential donors various forms of recognition in return for their contributions. The Society is aware, however, that the museum will be the property of the City of Sunnyvale, once constructed, and that the City has formal policies governing donations, plaques and recognition. Staff recommends that the conditions and conceptual forms of recognition be approved in advance of construction of the Sunnyvale Heritage Museum, so that the Sunnyvale Historical Society and Museum Association knows what it can and can not commit to potential donors during their fund-raising efforts.

In response to Mayor Miller, Director Walker stated this would not supercede the City’s current policies.

Mayor Miller opened the Public Hearing at 9:06 p.m.

Laura Babcock, of the Sunnyvale Historical Society Museum Association, reported they are in full agreement with the staff recommendation.

Mayor Miller closed the Public Hearing at 9:07 p.m.

Councilmember Walker moved, and Councilmember Howe seconded, to approve the plaques, conditions and various forms of recommended recognition for the eventual donation of a heritage museum to the City by the Sunnyvale Historical Society and Museum Association in accordance with this report, including Attachments D through G. The motion carried unanimously.

Adoption of the ordinance carried with Councilmember Fowler dissenting.

ORDINANCE NO. 2733-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ADDING SECTION 19.22.035 AND AMENDING SECTION 19.32.080 OF THE SUNNYVALE MUNICIPAL CODE TO CODIFY THE IMPOSITION OF THE HOUSING MITIGATION FEE FOR CERTAIN INDUSTRIAL DEVELOPMENTS

Coryn Campbell, Neighborhood & Community Services Manager, presented the staff report. She stated the report transmits the League of California Cities Annual Conference Resolutions Packet and a chart containing a brief analysis of each resolution. This year there are two resolutions for consideration and a possible third one may be introduced at the conference. Staff recommends a "support" position on revising bylaws and a "no position" on Federal legislation to expand wilderness and wild/scenic river designations.

Mayor Miller opened the Public Hearing at 9:12 p.m. and there being no public comments, closed the Public Hearing.

Councilmember Walker moved, and Vice Mayor Risch seconded, to approve the resolution positions as recommended by staff. The motion carried unanimously.

No action was taken.

No action was taken.

Vice Mayor Risch announced he attended the opening of the Lee Dental Center and Dr. Shu Orthodontics Center.

Councilmember Fowler announced he was appointed to the Board of the San Jose City Year Program.

Councilmember Fowler requested staff agendize "Routine Law Enforcement by Volunteers" for the next Council meeting.

There were no comments.

Mayor Miller declared the regular meeting adjourned at 9:20 p.m.

Respectfully submitted,
Cathleen McKay, Interim City Clerk