MINUTES

SUNNYVALE CITY COUNCIL & REDEVELOPMENT AGENCY

OCTOBER 14, 2003

The City Council of the City of Sunnyvale adjourned from a 5:00 p.m. Study Session regarding Proposed Program Restructures for Programs Managed by the Public Safety Department, to a 7:00 p.m. Study Session regarding Proposed Revisions to the Council Co-Sponsorship Policy, 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

 Mayor Miller led the salute to the flag.

 ROLL CALL

SPECIAL ORDER OF THE DAY

On behalf of the Council, Mayor Miller honored former Board and Commission members with a Certificate of Appreciation and a gift.  The recipients were:

Jeanne Dileo, Arts Commission

Ralph Durham, Arts Commission

Linda Eaton, Bicycle and Pedestrian Advisory Committee

Jackie Harrison, Board of Library Trustees

Constance Cook Turner, Child Care Advisory Board

Leslie Gamez, Child Care Advisory Board

Bob Rau, Heritage Preservation Commission

William Reid, Heritage Preservation Commission

Vincent Cala, Personnel Board

Councilmember Walker announced there will be four meetings of the subcommittee formed, at the request of the Public Safety Officers Association, to conduct an investigation of the Vice Mayor’s inquiries of an August 31/September 1 Public Safety incident.  The meetings are:

Thursday, October 16, 7:00 p.m., West Conference Room

Saturday, October 18, 8:00 a.m., West Conference Room

Sunday, October 19, 5:00 p.m., West Conference Room

Monday, October 20, 7:00 p.m., West Conference Room

Vice Mayor Risch announced the Council met in Closed Session on October 13 regarding the City Attorney evaluation.  Direction was given but no action was taken.

Michael Flores, candidate for Council, announced a Candidate Forum on Thursday at 7:00 p.m. sponsored by the League of Women Voters.  He further announced a City Council agenda item for next week relating to parking requirements for recreational vehicles and trailers.  Councilmember Fowler clarified that the Thursday night forum starts at 6:30 p.m.

Julio Oseguera, accompanied by Officer Dean Discher gave a brief presentation on Camp Any Town.  He thanked Mayor Miller for joining them for a day.

CONSENT CALENDAR

City Manger LaSala requested item 1.J. be pulled and discussed separately.  Vice Mayor Risch moved, and Councilmember Howe seconded, to approve the Consent Calendar with the exception of item 1.J.  The motion carried unanimously.

Fiscal Items

Personnel Items

Contracts

Other Items

Mary Bradley, Director of Finance, presented a brief staff report. 

Councilmember Howe moved, and Vice Mayor Risch seconded, to adopt the resolution approving the issuance and sale by the Agency of the Tax Allocation Refunding Bonds to refund existing Tax Allocation Refunding Bonds, Series 1992.  The motion carried unanimously.

RESOLUTION NO. 148-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE APPROVING THE ISSUANCE OF TAX ALLOCATION BONDS BY THE REDEVELOPMENT AGENCY OF THE CITY OF SUNNYVALE TO REFUND THE AGENCY’S CENTRAL CORE REDEVELOPMENT PROJECT TAX ALLOCATION REFUNDING BONDS, SERIES 1992

CITIZENS TO BE HEARD 

Werner Gans, a member of the public, expressed concern regarding the City policy for visual aids to be at the City Clerk’s office the Thursday before a Council meeting.

John Pilger, Communications Officer, reported staff is working on moving the submission deadline to Monday morning and is also working with Information Technology on the operation of the overhead projector.

Councilmember Fowler requested staff look into utilizing the overhead projector.

Councilmember Walker urged staff to look into the process West Sacramento is using as well as other cities to be able to provide service with allotted resources.

In response to Mayor Miller, Mr. Pilger responded that a new lighted time display is being researched where the City Clerk can control the three minute speaker limit.

Art Schwartz, a member of the public, suggested using 8 ½” by 11” size presentation materials for the overhead projector.

PUBLIC HEARINGS/GENERAL BUSINESS

Diana O’Dell, Associate Planner, and Trudi Ryan Planning Officer, presented the staff report.  Ms. O’Dell stated the 2003 Downtown Specific Plan provides more detail about the way land uses will be developed in the downtown, as well as descriptions of street designs, building design guidelines, and information on public utilities.  The Specific Plan and proposed amendments to the Zoning Code have been drafted to reflect the densities and uses established in the General Plan amendment adopted by Council on June 17, 2003.

The Council posed questions to staff regarding restoration of street grids, parking requirements and issues, a parking study, and architectural designs and signage.  Director Paternoster clarified a parking study would be required as a condition of approval for a development.

Mayor Miller opened the Public Hearing at 8:32 p.m.

Michael Flores, candidate for Council, inquired if the developer had to pay for the streets.  City Attorney Armento clarified that the City has easements for streets but does not own the land under the streets.

Fred Wiesinger, a member of the public, urged the Council to approve alternative number one proposed by staff.

Cynthia Johnson, a member of the public, expressed concern regarding the height of buildings, the intensity of the development, traffic and parking.

Mayor Miller read a letter from Charles Roland expressing concerns regarding the size and need of the proposed development, building height, traffic, and the deletion of traffic lanes.

Arthur Schwartz, a member of the public, inquired if the streets in Block 18 were private or public streets. Ms. Ryan responded that when the street grid is restored, it will be on a case by case basis.

Richard Stein, a member of the public, expressed concerns about the elimination of traffic lanes on Sunnyvale Avenue, traffic and parking.  Director Paternoster clarified the plan does not require lanes to be removed.

Phyllis Freeman, a member of the public, expressed concern about potential traffic problems.

Mayor Miller closed the Public Hearing at 8:55 p.m.

Councilmember Walker moved, and Councilmember Vorreiter seconded, to approve the amended Downtown Specific Plan and introduce the ordinance to amend the Zoning Code with the modifications recommended by the Planning Commission to add reference to the VTA Bicycle and Pedestrian Guidelines.  Modify B6 in that corporate architecture and generic design are strongly discouraged unless compatible with these design guidelines and the existing environment.  Modify B7 to read commercial buildings should try to maintain a well defined street edge and eliminate the references to discontinuities.  Add that Block 18 property ownership should be broken up to encourage multiple ownership to allow longer term redevelopment to evolve with community needs.

Mayor Miller offered a friendly amendment to direct staff re-evaluate the cost/benefit/impacts associated with a revised parking requirement as a separate study.  The amendment was accepted.

The motion carried unanimously.

RESOLUTION NO. 149-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ADOPTING THE 2003 DOWNTOWN SPECIFIC PLAN AS PART OF THE CITY’S DOWNTOWN IMPROVEMENT PROGRAM UPDATE

ORDINANCE NO. 2735-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING CHAPTER 19.28 AND RELATED SECTIONS OF THE SUNNYVALE MUNICIPAL CODE CONCERNING THE DOWNTOWN SPECIFIC PLAN DISTRICT

Jack Witthaus, Transportation and Traffic Manager, assisted by Marvin Rose, Director of Public Works, presented the staff report.  Mr. Witthaus reported the project involves the widening and modification of the Mathilda Avenue bridge at Evelyn Avenue and the Caltrain tracks to address deficiencies identified by Caltrans.  At the time of award of contract, the City Council directed staff to explore an additional design concept suggested by a citizen for a “roundabout” alternative.  Based on study findings of significant cost, operations and environmental issues, as well as neighborhood opposition, staff recommends that the City Council discontinue further consideration of the Roundabout Alternative as part of the project design and environmental process.

Vice Mayor Risch inquired about neighborhood opposition.  Mr. Witthaus responded they conducted a neighborhood meeting and staff received a unanimous consensus from the residents that they did not endorse the roundabout solution.

In response to Mayor Miller, Mr. Witthaus stated there will be some tree removal on the north side of the structure

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

Monica Draganowski Davis, speaking on behalf of the Charles Street 100 Neighborhood Association, stated they were consulted about the overpass and unanimously chose the option to close their street to through traffic.  She inquired why the roundabout is being considered since the City should be conserving money and stated that directing traffic to the City center could be achieved at a lower cost.  She further stated their choice would be for no renovation at all.

Fred Wiesinger, a member of the public, thanked staff for considering the roundabout option and supports staff’s recommendation.  He further stated the off ramp poses safety issues for cyclists and encouraged staff to consider this.

Michael Flores, candidate for Council, inquired if the number of lanes on the bridge would be increased or decreased.  Mr. Witthaus stated the number of lanes would be the same and the bridge was being modified instead of reconstructed.  In response to Mr. Flores, Mr. Witthaus stated it was not feasible to add a separate bike lane on the side of the bridge.

Mayor Miller closed the Public Hearing at 9:31 p.m.

Councilmember Walker moved, and Vice Mayor Risch seconded, based on the findings of the project alternatives study and community input, to discontinue further consideration of the Roundabout Alternatives as part of the project design and environmental process.  Due consideration is to be given to bicycle safety and the final design of the bridge is to be worked on with the Bicycle and Pedestrian Advisory Committee (BPAC). The motion carried unanimously.

Councilmember Fowler stated, for the record, that he is member of an advisory board of one of the agencies involved, the City Year San Jose Silicon Valley Chapter.  He checked with the City Attorney and was advised that since he is in an advisory capacity, he need not recuse himself.

Annabel Yurutucu, Housing Officer, presented the staff report.  She reported the City received funding proposals from eleven non-profit service agencies that totaled $191,193.  The Housing and Human Services Commission (HHSC) recommended eight agencies receive and award of General Fund Outside Group Funding.  Staff concurs with the HHSC recommendation with additional funding for the Euphrat Museum of Art of $12,298.  Staff recommends $118,298 to Outside Groups, which is 83% of the $141,120 allocated in FY 2003/2004.

Councilmember Howe inquired if any of the funding was eligible for Community Development Block Grant (CDBG) funds.  Ms. Yurutucu responded some of them might be, but would be limited on who they could serve based on the income of the participants.

Councilmember Fowler made inquiries relating to staff’s support to the Housing and Human Services Commission.  Ms. Yurutucu responded staff did not make any funding recommendations but did provide funding guidance that included performance indicators.

Councilmember Fowler inquired why the funding was cut in half for City Year.  Ms. Yurutucu responded their request was for five times the amount of funding they were awarded last year and the number of participants had dropped from 200 to 75 participants.

Mayor Miller inquired why the City cannot be more generous in using CDBG funds.  Ms. Yurutucu responded the awards for 2003/2004 Block Grand Funds were made in July and there is not a large sum of available funds for any of these agencies.  The next available funding is in January 2004 but is contingent on HUD funding.  Director Paternoster added there is a cap within Block Grant Funds on how much can be spent on social services and the City is close to that cap now.

Councilmember Valerio inquired why Leadership Sunnyvale funding is being reduced to $2500.  Ms. Yurutucu responded Leadership Sunnyvale has not met their goals in the last two years.  She further stated there were two opportunities for agencies to present to the Housing and Human Services Commission.

Councilmember Vorreiter inquired if the $22,000 slated to be returned to the General Fund could be earmarked for emergency contingencies use for outside group funding.  Ms. Yurutucu stated the funds could be held in reserve.

Mayor Miller opened the Public Hearing at 10:00 p.m.

Laura Babcock, a member of the public, distributed a letter to Council requesting full funding for Leadership Sunnyvale.  She noted she is one of 400 graduates of Leadership Sunnyvale and attributed her civil service success to Leadership Sunnyvale.

Kevin Lee, Chair, and Nancy Smith, Vice Chair, of the Housing and Human Services Commission, reviewed their decision making process for considering funding for City Year and Leadership Sunnyvale and responded to questions from Council.

Nancy Tivol, a member of the public, asked for additional funds for the Christmas Center for two years and noted they have grown from 700 to 1,100 families.

Tom Smith, Treasurer of Leadership Sunnyvale, asked that Council fund Leadership Sunnyvale at $10,000 and noted the current class is fully enrolled.

Jeanne Labozetta, representing Family and Children Services, thanked the City of Sunnyvale for their support.

Fred Wiesinger, a member of the public, urged the Council to restore full funding to Leadership Sunnyvale and reviewed the benefits and impact of the course.

Elaine Curran, President of Junior Achievement of Silicon Valley in Monterey Bay, encouraged Council to accept the recommendation of the Housing and Human Services Commission for Junior Achievement.

Alice Rind, representing Leadership Sunnyvale, urged the Council to increase the funding for Leadership Sunnyvale.

Janine Stanick, representing Leadership Sunnyvale, described their efforts in keeping their program current and the many groups they partner with.

Michael Flores, candidate for Council, inquired if records of expenditures were public records.  Mayor Miller responded these are public records.  He suggested videotaping speakers and potentially charging for the tapes. 

Mayor Miller closed the Public Hearing at 10:46 p.m.

Councilmember Howe moved, and Councilmember Fowler seconded, to adopt staff’s funding recommendation of $118,298 in General Funds and approve Budget Modification No. 10, with raising City Year funding to $5,000 and Leadership Sunnyvale to $7,500

Councilmember Fowler offered a friendly amendment that the balance of the funds be earmarked for emergency purposes.  The amendment was accepted.

The motion failed with Vice Mayor Risch and Councilmembers Valerio, Vorreiter and Walker dissenting.