MINUTES

SUNNYVALE CITY COUNCIL 
November 11, 2003

The City Council of the City of Sunnyvale adjourned from a 6:00 p.m. Closed Session regarding PSOA/COA Contract Negotiations, and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, CA at 7:30 p.m. with Mayor Miller presiding.

SALUTE TO THE FLAG

Tony Drago, Public Safety Officer, led the salute to the flag.

ROLL CALL

SPECIAL ORDER OF THE DAY

Mayor Miller presented a proclamation to Dixie Milia, Director of Public Affairs for the Los Altos Stake of the Church of Jesus Christ of the Latter-Day Saints, proclaiming the week of November 23 through November 29 as National Family Week.

Mayor Miller presented a proclamation to Poncho Guevara, Director of Housing and Government Affairs at the Emergency Housing Consortium, proclaiming the week of November 16 through November 22 as Hunger and Homelessness Awareness Week.

Mayor Miller presented a Certificate of Appreciation to the family of Sean Blaschke for his services in the United States Peace Corps.

SCHEDULED PRESENTATION

Rebecca Elliott, of the League of California Cities, presented the Helen Putman Award to Mayor Miller in recognition of excellence of internal administration.

PUBLIC ANNOUNCEMENTS

Margaret Lawson, Chairman of the Board of Leadership Sunnyvale, presented a plaque to Specialty Solid Waste and Recycling in recognition of their fund raising activities.

Suzi Blackman, Chairman and CEO of the Sunnyvale Chamber of Commerce, announced a tree lighting ceremony in downtown Sunnyvale on December 3 with ceremonies starting at 5:30 p.m.

Councilmember Walker made the following announcements on behalf of the Council:

Mayor Miller will host “Connections: A Celebration of Sunnyvale” at the Sunnyvale Senior Center on Monday, November 17.  Registration begins at 5:00 p.m. and the presentation starts at 5:15 p.m.  For more information or to RSVP, call (408) 730-7599.

The City of Sunnyvale is currently recruiting for members on the following Boards and Commissions:

·         Board of Building Code Appeals

·         Heritage Preservation Commission

·         Planning Commission

Eligible candidates must be a Sunnyvale resident and a registered voter.  An information meeting will be held on Monday, December 8, at 6:00 p.m. in the Sunnyvale City Hall West Conference Room.  The application deadline is December 26, 2003, at 5:00 p.m.  For an application or more information, please visit the Sunnyvale web site at www.sunnyvale.ca.gov, or call Donna Biles at  (408) 730-7595.

Bobbe Smirnij, a member of the public, requested the Council consider a task force to partner on “New Frontiers – Freedom from Breast Cancer” in October 2004.  Councilmember Vorreiter requested the City Manager ask a staff member to explore the role that the City could play in this effort and report back to Council.

Vice Mayor Risch announced the Council met in Closed Session on three occasions regarding the performance evaluation for the City Attorney on October 18, the performance evaluation for the City Manager on October 29, and just prior to the Council meeting regarding PSOA/COA Contract Negotiations pursuant to Government Code 54957.6.

Mayor Miller thanked the members of Public Safety who participated in the fire fighting efforts in Southern California.

Mayor Miller announced the swearing in of the new Councilmembers at the November 18 Council meeting with a reception, hosted by the Sunnyvale Employees Association, in the Council Chamber lobby following the meeting.

CONSENT CALENDAR

Vice Mayor Risch moved, and Councilmember Howe seconded, to approve the Consent Calendar.  The motion carried unanimously.

Fiscal Items

Contracts

Other Items

CITIZENS TO BE HEARD

Susan Kitchens, a member of the public, advocated for adopting an ordinance that would impose campaign contribution limits.

Councilmember Vorreiter requested a campaign contribution limit study issue be added to the 2004 study issue calendar for consideration.  Councilmember Howe stated he would sponsor this study issue.

Dale Bracey, a member of the public, expressed dismay about the role the Public Safety Officers Association mailings and influence on the recent November 4, 2003 General Municipal Election of four new councilmembers.

Nancy McCaa, a member of the public, expressed dismay on the ethics and behavior of the political parties and supporters for Council seat 7 and distributed a list of questions to the Council.

Werner Gans, a member of the public, expressed concern about bicyclists riding in the evening with no lights on their bikes and asked that the Bicycle and Pedestrian Advisory Committee consider educating bicyclists.  Mayor Miller requested that staff follow up with Mr. Gans.

Howell Shaw, a member of the public, spoke in support of the transfer of the Tennis Center License from Jan Young to Brian Garrow.

PUBLIC HEARINGS/GENERAL BUSINESS

Marilyn Crane, Information Technology Services Manager, assisted by Shawn Hernandez, Director of Information Technology, presented the staff report.  She reported on March 1, 2003, AT&T Broadband/Comcast submitted Federal Communications Commission (FCC) Forms 1205 and 1240 to the City for the annual rate adjustment. Cable operators who file the Form 1240 for basic service rates are allowed only one rate change per year for regulated services; therefore, a Form 1205 was also submitted for equipment and installation rates. As a result, the subscriber experiences only one annual rate change. Review of the FCC Forms 1205 and 1240 determine that should rates increase in the future, the new maximum permitted rate for the Basic Service Tier could increase to a maximum of $15.45. Current Basic Service Tier rate is $13.09 so the maximum potential increase would be $2.36 or 18.0%. On October 15, 2003, staff received a letter from Comcast indicating that as of November 15, 2003, prices will be adjusted for both analog and digital services. Price for Basic Service Tier is being increased from $13.09 to $15.08. Based on consultant and staff review, discussions with AT&T Broadband/Comcast, and courses of action allowable under Federal regulations, staff recommends that Council determine that the Maximum Permitted Rate for the Basic Service Tier as calculated by AT&T Broadband/Comcast is reasonable and consistent with FCC regulations.

Mayor Miller opened the Public Hearing at 8:15 p.m.

Eddie Garcia, of Comcast, stated that Comcast has recently made major investments in customer service and upgrades in technology with plans to upgrade the high speed internet service.

Werner Gans, a member of the public, spoke in opposition to the proposed increase in basic cable fees and advocated for Council to request Comcast to explain the increase.

Christopher Moylan, a member of the public, suggested the Council consider removing the condition that in order for a customer to use the service, they surrender their right to the civil court system.

Eddie Garcia, of Comcast, stated the technology benefits everyone and the rates are calculated on the FCC formula and are below the cap.

Mayor Miller closed the Public Hearing at 8:22 p.m.

Vice Mayor moved, and Councilmember Vorreiter seconded, that the Maximum Permitted Rate for the Basic Service Tier is reasonable and calculated according to FCC regulations. Council directs staff to issue a Rate Order to that effect which allows the rates to be implemented on December 15, 2003. The 2003 rate (excluding franchise fee) is $1.99 more than the 2002 rate.  The motion carried unanimously.

In response to Councilmember Vorreiter, Mayor Miller opened the Citizens to be Heard portion of the agenda to accommodate the last speaker.

Ron McCay, a member of the public, expressed dismay at the role of PSOA in recent election of Council seat 7.

Jack Witthaus, Transportation and Traffic Manager, assisted by Marvin Rose, Director of Public Works, presented the staff report.  He stated the City Council approved a 1998 Study Issue to review potential revenue sources for major transportation capital improvements in the City. Previously approved studies and the Land Use and Transportation Element of the General Plan identify a number of major roadway capital improvement projects that will be necessary to mitigate increased travel in the City generated by new development over the next 20 years.  Mr. Witthaus reviewed the transportation strategic program components, integration with land use planning, citywide deficiency plan, alternative to transportation impact fee adoption, and fiscal impact.

Mr. Witthaus and City Attorney Armento responded to questions posed by Council on the 25% fee reduction criteria, the funding process, and building permits.  City Attorney Armento requested clarification from the Council if the 25% reduction also applies to research and development and clarification on the 18 month fees and additional fees after the 18 months.  Director Rose clarified that the fee reduction does apply to research and development.

Mayor Miller opened the Public Hearing at 8:57 p.m.

Dan Cohen, Project Manager for the County Expressway Planning Study, expressed support for the proposed impact fee and stated the proposal is consistent with the financing strategy of the Expressway Planning Study.

Suzi Blackman, President and CEO of the Sunnyvale Chamber of Commerce, stated the Chamber participated in these discussions during the past 18 months.  She expressed concern on the sum of all the increased fees on Sunnyvale businesses.

Jane Vaughan, of Menlo Equities, expressed concern on the increase of fees on the competitive ability of Sunnyvale businesses and proposed the fees be reduced from $4.00 to $2.00 per square foot and be phased in.

Thom Bryant, of Network Appliance, expressed concern on the amount of the fee increase and felt it would adversely affect new businesses coming to Sunnyvale or established businesses staying.  He advocated for the fee to be reduced to $2.00.

Melissa Henck, of Lockheed Martin, spoke in support of a balanced approach to the fee and questioned what the economic metric is for increasing the fee in 18 months. 

Thom Mayer, a member of the public, asked if the Tier 2 Moffett Park money could be used to improve Lawrence Expressway between 101 and 237.  Mr. Witthaus responded that section of Lawrence Expressway was analyzed and it was determined there would be a County improvement made in that section and has dropped out of the funding program.  Mr. Mayer advocated for companies with TDM programs not to have to pay a traffic mitigation fee.

Mayor Miller closed the Public Hearing at 9:20 p.m.

Councilmember Vorreiter moved, and Vice Mayor Risch seconded, to approve the transportation financing approaches collectively presented as the Transportation Strategic Program, including imposition of a two tiered Transportation Impact Fee, execution of a cost sharing agreement with the County of Santa Clara, and pursuit of outside matching funding for certain transportation improvements. Approve the Transportation Impact Fee Ordinance and Master Fee Resolution Amendment (Exhibits C and D) with the following changes: Until the end of fiscal year 2003 (ending June 30, 2004) that the fee be reduced by 50% and that for Fiscal year 2004 (ending June 30, 2005) that the fee be reduced by 25% from the fees as stated. The fee reductions of 50% and 25% apply only to job-producing development (e.g. office, R&D, industrial and various types of retail). At the discretion of the Director of Community Development, allow for reductions in the Transportation Impact Fee to certain land developments that demonstrate site designs or binding trip reduction programs that significantly reduce trip generation below levels anticipated in the fee ordinance.

Councilmember Howe offered a friendly amendment to change Condition of Approval number three that it be stated that at the discretion of the final approval authority, they can allow for reductions in the transportation impact fee for certain land developments that demonstrate site designs or binding trip reduction programs that significantly reduce trip generation levels below those anticipated in the fee ordinance, and add wording that the benefits and reductions be delineated in a staff report that  comes before the approval authority. The amendment was accepted.

The motion carried unanimously.

RESOLUTION NO. 157-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING RESOLUTION NO. 125-03, THE CITY'S FEES, RATES AND CHARGES RESOLUTION, PERTAINING TO THE TRANSPORTATION IMPACT FEE

ORDINANCE NO. 2737-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ENACTING CHAPTER 3.50 OF THE SUNNYVALE MUNICIPAL CODE PERTAINING TO A TRAFFIC IMPACT FEE

Kelly Diekmann, Associate Planner, assisted by Trudi Ryan, Planning Officer, presented the staff report.  He reported the Moffett Park Specific Plan (MPSP) and Final EIR are the result of three years of effort towards accommodating the economic development and land use needs of the City and Moffett Park property owners. During the past two years, stakeholders and staff have met on more than a dozen occasions to discuss the scope of the EIR and Specific Plan options for Moffett Park. City Staff has held about ten study sessions with the City Council and Planning Commission over the life of the project. A Program Environmental Impact Report was prepared for creation of a Moffett Park Specific Plan and implementation measures (zoning code amendments). The EIR provided specific analysis of the project's impacts and will streamline subsequent project review within the MPSP area by allowing for tiering from the Program EIR for future environmental analysis

Mayor Miller opened the Public Hearing at 9:43 p.m.

John McCarthy, of Yahoo, spoke in support the resolution that certifies the final impact report and the Moffett Park Specific Plan.  He also spoke in support of the staff recommendation on the sustainability of the green buildings issue.

Jane Vaughn, of Menlo Equities, spoke in support of the Moffett Park Specific Plan, streamlining the approval process, and prepayment of traffic fees to lock in the development reserve.

Christopher Moylan, Vice Chair of the Planning Commission, clarified portions of the motion related to sustainability, expedited approvals, and lead certification.

Thom Bryant, of Network Appliance, questioned if this was a wise economic development policy and the value of lead certification.

Mayor Miller closed the Public Hearing at 10:05 p.m.

Councilmember Walker moved, and Councilmember Howe seconded, to:

A. Final Environmental Impact Report

1.      Adopt a Resolution to certify the FEIR for the MPSP and adopt a statement of overriding considerations—Attachment A (Staff and Planning Commission Recommendation), and

2.       

B. General Plan Amendment for Moffett Park Specific Plan Area

Adopt a Resolution to amend the General Plan for the geographic creation of the Moffett Park Specific Plan boundary, land use sub-district delineation, and developable square footage intensities up to 24.33 millions s.f.- Attachments A and

C. Moffett Park Specific Plan and Zoning Amendments

A full evaluation by staff of both the staff and Planning Commission recommendations as follows;

1. Direct Staff to prepare a revised draft of the Specific Plan and associated zoning code amendments with the following criteria (Staff Recommendation):

A.     Staff review of Tier I, II and III development applications

B.      Create an objective sustainability standard for Tier IV development

C.     Require Planning Commission approval of site and architectural Plans for development proposals that meet sustainability standard in Tier IV.

D.     Require Planning Commission land use, site and architectural plans approval of Tier IV development that does not meet sustainability standard.

E.      Allow reservation of the development reserve for seven years with a non-refundable prepayment of 25% of the transportation impact fee.

Councilmember Howe offered a friendly amendment to add the VTA guidelines for sidewalks, bike, parking, etc.  The amendment was accepted.

Councilmember Howe offered a friendly amendment to ask staff to re-evaluate the level of review for architectural review for major projects and ask staff, when it comes before the Council again, to discuss major project review by the Planning Commission and City Council in their recommendation.  The amendment was accepted.

The motion carried unanimously.

RESOLUTION NO. 158-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE CERTIFYING THE ENVIRONMENTAL IMPACT REPORT, APPROVING MITIGATION MONITORING AND REPORTING PROGRAM, ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS AND AMENDING THE GENERAL PLAN RELATED TO THE MOFFET PARK SPECIFIC PLAN AREA

At 10:20 p.m. Mayor Miller called a recess and reconvened at 10:25 p.m.

Trudi Ryan, Planning Officer, presented the staff report.  She reported the applicant is proposing to lease 9,660 square feet in an existing 31,240 square foot two-tenant industrial building to hold church services and the following associated uses: office operations, Sunday school, infant/toddler daycare, youth programs, musical rehearsals and teaching gatherings. The proposal includes approximately 3,550 square feet for the sanctuary with the remaining space dedicated to offices, classrooms and storage.  She reviewed the issues related to the proposed project which were parking issues and hazardous materials.  She reported the Planning Commission approved the Use Permit with modified conditions of approval.

Ms. Ryan responded to questions from the Council related to hazardous materials, parking issues, and compatibility with the surrounding area.  Robert Paternoster, Director of Community Development, stated that this is taking place because of the reduced rates in the industrial areas and churches are finding industrial areas are the only affordable places in the City.  He stated there is a study issue coming forward to examine this.

Mayor Miller opened the Public Hearing at 10:43 p.m.

Lewis Greer, Vice Chair of Board of Elders at Sunnyvale Community Church, stated the reason for the Use Permit is to allow them to have 250 parishioners.  He stated the parking issues have been addressed and their lease contains a good neighbor clause.  He further stated they would be willing to remove Day Care from the site and asked that the limit of 25 children in the church at one time be removed.

Stan Freitas, Senior Pastor at New Venture Church, requested that the Council grant the attendance limit of 250 and stated they believe they will stimulate local business.

Donald Druyanoff, a member of the public, spoke in opposition of allowing a church in an industrial area.

Jason Peery, landlord for the building, spoke in support of occupancy by the New Venture Church and did not see any impact on property values.

Lewis Greer, Vice Chair of Board of Elders at Sunnyvale Community Church, stated that this building has more safeguards for the safety of its occupants than most other churches.

Mayor Miller closed the Public Hearing at 11:03 p.m.

Councilmember Howe moved, and Councilmember Fowler seconded, to grant the appeal and uphold the decision of the Planning Commission.  Under Conditions of Approval, remove number four that is lined out.  On item number four that is in bold, remove the number of children condition and add supervised children with adult participation.  Remove conditions five, six and seven that are lined out, remove number seven of the Planning Commission and allow number seven Applicant Request not to exceed 250 attendance.

1. Obtain Building Permits prior to construction for any tenant improvements on the site.

2. The Conditions of Approval shall be reproduced on a page of the plans submitted for a Building Permit.

3. The Use Permit for the use shall expire if the use is discontinued for a period of one year or more.

4. This Use Permit allows church services and the following associated uses: Sunday school; infant/toddler daycare; youth programs; office operations; evening meetings; music rehearsals, and teaching gatherings. The number of children that can be in Sunday school, daycare, and/or participating in youth programs at any given time shall be supervised with adjust participation. Addition of new uses and expansion of the Sunday school, daycare and/or youth programs require the approval of the Planning Commission.

5. The maximum number of parishioners using the religious institution at any given time will not exceed 250. In addition, a parking agreement guaranteeing the neighboring tenant a minimum of 44 spaces shall be obtained from the property owner prior to occupancy of the building.

6. Minor changes to the approved plans must be submitted to the Director of Community Development for review and approval. Major changes require the approval of the Planning Commission.

7. An additional fee of $50 is required for posting of the Notice of Determination with Santa Clara County.

The motion carried with Vice Mayor Risch and Councilmember Walker dissenting.

Trudi Ryan, Planning Officer, presented the staff report.  She reported the applicant is requesting approval of a Tentative Map to subdivide a 13,696 square foot lot into 7 lots (i.e. 6 lots and one common lot) and a Special Development Permit (SDP) to allow for construction of six town homes in two separate buildings. A private street will extend the length of the site providing access to private garages for each unit. Unassigned parking provided for guests will be located in two sections at the rear of the site.  

Mayor Miller opened the Public Hearing at 11:10 p.m.

Dale Meyer, architect for the project, stated they have resolved the open space issue and provided a rendering of the architectural design.

Thom Mayer, a member of the public, expressed concerns about the parking spaces.  Ms. Ryan responded the plan calls for two garage spaces and three outside spaces which exceeds the requirement and there is no on street parking.

Mayor Miller closed the Public Hearing at 11:14 p.m.

Councilmember Vorreiter moved, and Councilmember Valerio seconded, to adopt the Negative Declaration and introduce an Ordinance to Rezone the site from R-3 to R-3/PD and approve the Special Development Permit and Tentative Map with attached conditions.  The motion carried unanimously.

ORDINANCE NO. 2738-03 AN ORDINANCE OF THE CITY OF SUNNYVALE AMENDING THE PRECISE ZONING PLAN, ZONING DISTRICTS MAP, TO REZONE CERTAIN PROPERTY LOCATED AT 391 SOUTH BERNARDO AVENUE FROM R-3 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT TO R-3/PD (MEDIUM DENSITY RESIDENTIAL/PLANNED DEVELOPMENT) ZONING DISTRICT.

Trudi Ryan, Planning Officer, presented the staff report.  She reported the applicant is requesting approval of a Tentative Map to subdivide a 14,540 square foot lot into 5 lots (i.e., 4 lots and one common lot) and a Special Development Permit (SDP) to allow for construction of two pair of town homes. A private street will extend the length of the site providing access to private garages for each unit. Unassigned parking provided for guests will be located in one section on the site as noted on the site plan. The east and west sides of the lot will be landscaped and provide backyard and front yard areas for the units. Mr. Lynch reviewed the specifics of the project relating to site layout, architecture, landscaping, parking and impact on the surrounding area.

Mayor Miller opened the Public Hearing at 11:17 p.m.

Dick Smith, applicant, stated they feel they have designed a very attractive project and have met with neighbors who support the project.

Ron Dick, architect of the project, requested that they not be asked to cut the FAR (floor area ratio) by five percent.  He stated they could make a lot adjustment to get more land to address the five percent overage on the FAR.

Mayor Miller closed the Public Hearing at 11:21 p.m.

Councilmember Walker moved, and Councilmember Vorreiter seconded, to adopt the Negative Declaration and introduce an Ordinance to Rezone the site f