MINUTES
SUNNYVALE CITY COUNCIL 
January 6, 2004

The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Closed Session regarding Public Employee Personnel Matters - City Manager and City Attorney, a 6:30 p.m. Closed Session regarding Pending Litigation Wowak et al vs. City of Sunnyvale et al, US District Court Case C03 00394, G.C. 54956.9(a), and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, CA at 7:30 p.m. with Mayor Howe presiding.

Mayor Howe led the salute to the flag.

ROLL CALL

Vice Mayor Chu announced there was a Closed Session on January 6 and direction was given.

Councilmember Swegles made the following announcement on behalf of the Council:

The City is launching a new City Council outreach program beginning next month to provide an opportunity for the neighborhoods to share their issues, concerns, and activities with City leadership.  The first meeting, in a series of Council outreach meetings throughout the year, is on January 8 at 7:00 p.m. with the SNAIL Neighborhood Association.  For more information, contact the Neighborhood and Community Services office at (408) 730-7599, or by e-mail at ncs@ci.sunnyvale.ca.us.

CONSENT CALENDAR

Councilmember Hamilton requested that item 1.A. be pulled and considered separately.  Vice Mayor Chu moved and Councilmember Miller seconded to approve the Consent Calendar with the exception of 1.A.  The motion carried unanimously.

Mayor Howe opened the Public Hearing at 7:40 p.m., and there being no public comments, closed the Public Hearing.

Councilmember Hamilton moved, and Councilmember Fowler seconded, approval of the Draft Minutes as amended.  The motion carried unanimously.

Fiscal Items

Personnel Items

Contracts

Other Items

CITIZENS TO BE HEARD

Michael Knaebel, a member of the public, expressed concern regarding the past election and related activities.  He further expressed concern on the status of the City Manager.

Werner Gans, a member of the public, expressed concern over the fireplace in the Library.

PUBLIC HEARINGS/GENERAL BUSINESS

Erin Walters Project Planner, assisted by Trudi Ryan, Planning Officer, presented the staff report.  Ms. Walters reported on December 16, 2003, the City Council Agenda included an appeal by the Sabercats for a Use Permit for a practice tent. The item was heard at the public hearing and Council voted 6-1 in favor of the appeal with modifications to the conditions of approval, including the allowable duration for the tent. Due to an error that the public noticing of the project did not occur, and after staff consulted with the City Attorney, staff recommended that Council hold a new public hearing on January 6, 2004. Staff recommends denial of the application due to complaints from neighbors and incompatibility with the neighborhood.

Mayor Howe opened the Public Hearing at 7:50 p.m.

Hank Stern, Vice President, San Jose Sabercats (applicant), advocated for approval of the application.  He stated they have been working with the School District, City Staff, the property owner, and a landscape architect, as well as a fencing and tent contractor to address concerns.  He requested that the Council grant a use permit that would begin on January 1 and expire the last day of May.  He further requested that they not have to green screen the entire tent, but just one side, and that a temporary use permit be issued on January 7 so that the tent construction can begin.  He stated they plan to work with staff on a suitable landscaping plan.

Ken Jorgensen, a member of the public, expressed opposition stating there was no benefit to the public and asked that the Council deny the appeal.

John Stava, a member of the public, spoke in opposition over the size of the tent, the location in a residential neighborhood, the noise, the aesthetics, and the impact on property values.

Judy Petroski, a member of the public, stated she is opposed to this tent in her residential neighborhood and solicited for the Council to deny the permit.  She further expressed concern over notification of the project.

Ray Smith, a member of the public, displayed a picture of the tent taken from his driveway and spoke to the scale of the tent and the noise. He stated that the Sabercats have made no effort to contact the neighbors to discuss the tent and asked that the Council reevaluate this permit if approved.

Ian Prickett, a member of the public, stated the tent does not confirm to the citywide guidelines, is out of character with the area, and there are no architectural considerations.  He further stated the Sabercats have not worked with the community.

Charles Moss, a member of the public, distributed pictures to the Council and expressed concern regarding the effect of the tent on property values. He advocated that the application be denied.

Rudy, a member of the public, stated the tent is an eyesore and asked that the Council deny the application.

Werner Gans, a member of the public, stated the tent is an eyesore in the middle of a residential neighborhood and advocated for proper landscaping.

Robert Mancini, a member of the public, stated the tent is an eyesore and advocated for denial of the application.

Tim Risch, a member of the public, stated he had pre-appealed this item to allow citizens the opportunity to express their concerns.  He advocated for the Council to deny the appeal.

Hank Stern, Vice President, San Jose Sabercats (applicant), addressed concerns relating to the use permit, inspections, the building permit, neighborhood concerns,  noise, and public use issues.  He displayed proposed landscaped plans for the site.

Mayor Howe closed the Public Hearing at 8:30 p.m.

Councilmember Hamilton moved, and Vice Mayor Chu seconded, to approve the application with conditions of approval that the tent be allowed from January 1 through April 30 each year, and the Sabercats work with neighbors to address their concerns, and to plant trees, as per arborist recommendations as to the appropriate variety, and add camouflage screens.

Vice Mayor Chu offered a friendly amendment to extend the date to May 30 and that the permit be for a two year period to come back to the Council for review in the Fall of 2005 prior to the 2006 season. 

Councilmember Hamilton stated she would accept the amendment if the date was changed to May 15.  Vice Mayor Chu agreed to the change and the amendment was accepted.

Councilmember Hamilton amended her motion to include expediting the plan review process as soon as plans are submitted.

The motion carried with Councilmembers Miller, Swegles and Lee dissenting.

Jamie McLeod, Associate Planner, assisted by Trudi Ryan, Planning Officer, presented the staff report.  She reported on October 24, 2003, the owner filed a Special Development Permit to maintain the existing kitchen and bath business and showroom.  Christine Fronczak, President of the Homestead Village Association presented a list of concerns associated with the subject property at the December 2, 2003 City Council meeting.  Staff was requested to respond to the concerns raised and to additional questions of clarification by City Council members.  Councilmember Miller initiated a request to pre-appeal this Special Development Permit.  On December 15, 2003, the Planning Commission considered the application and was unable to make the required Findings and denied the application.  Ms. McLeod stated there were issues with the use for the site and parking requirements and staff recommends denial of the permit.

Staff responded to questions from the Council regarding parking, permitted use and penalties.

Mayor Howe opened the Public Hearing at 8:50 p.m.

Rita Lee (applicant/owner), stated she received a permit from the City to open the business and reported that most of the time the parking lot is only half full and does not see this as a nuisance for the neighborhood.  She requested that the Council approve the Special Development Permit.  She opined the showroom is an administration office and not a warehouse.  She further stated they have done all improvements that have been requested.

Bennie Yee, speaking on behalf of the lessee and property owner, stated the showroom is used for consulting only and there is no merchandise sold on the site.  He advocated for approving the permit with conditions.

Ms. Ryan clarified that the permit is for office use and the existing permit does not have a limitation on the hours of the offices.  She stated that the showroom was not an approved use.

Stanley Lee, (applicant/owner), stated they do their best of lock up the parking lot and have posted signs.

Takuji Kimura, a member of the public, expressed concerns regarding the traffic increase and potential accidents.

Derek Zhou, a member of the public, stated the retail use of this building has a negative impact on the neighborhood and destroys the integrity of the residential environment.

Dong Huang, a member of the public, stated she opposes the retail permit because of parking issues, an increase in traffic, noise, and safety.

Helen Hwang, a member of the public, spoke in opposition to the retail permit and stated the Lee’s have not worked with the neighbors on the issues and asked that the Lee’s keep their promises.  She advocated for denial of the retail permit.

Christine Fronczak, President of the Homestead Village Association, stated she is opposed to retail use of the Lee Dental Building.  She asked that the Council consider the close proximity of residential homes to the building and deny the appeal and noted that the Lee’s have not kept their promises.  She further expressed concern about parking and traffic.

Rita Lee, applicant/owner, stated that their parking lot has not been the cause of any accidents and responded to concerns about trimming the trees.  She stated it is hard to do business in the current environment.

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

Councilmember Miller moved, and Councilmember Swegles seconded, to deny the Special Development Permit.

Mayor Howe offered a friendly amendment that the City Staff supply the appellant and Home Owners Association President information about the project and encourage them to go to a mediation process that the City supports.  The amendment was accepted.

The motion carried with Vice Mayor Chu and Councilmembers Fowler and Lee dissenting.

Peter Gonda, Senior Management Analyst, presented the staff report.  He reported at the regularly scheduled meeting of December 2, 2003, Councilmember Fowler requested that the City Council consider a resolution of support for Proposition 56, a March 2004 ballot initiative that would amend the State Constitution to lower the threshold for legislative approval of the State budget and budget-related tax and appropriation bills. Given that there are specific portions of Legislative Action Policies (LAPs) relative to the ballot initiative, staff recommends that the City Council adopt the attached resolution in support of Proposition 56.

Mayor Howe opened the Public Hearing at 10:20 p.m. and there being no public comments, closed the Public Hearing.

Councilmember Fowler moved, and Councilmember Swegles seconded, to adopt the resolution supporting the passage of Proposition 56, the Budget Accountability Act.  The motion carried unanimously.

RESOLUTION NO. 101-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE SUPPORTING PROPOSITION 56, THE BUDGET ACCOUNTABILITY ACT ON THE MARCH 2004 STATEWIDE BALLOT

Susan Ramos, City Clerk, presented the staff report.  She stated on January 5, 2004, the Council interviewed 9 applicants for 4 vacancies on the City Boards and Commissions. Staff recommends Council make its appointments from the applicants listed below.

Heritage Preservation Commission (2 vacancies – terms end 2006 and 2007) 

Lisa Davis was declared appointed to the Heritage Preservation Commission for a term expiring in 2006. 

Planning Commission (3 vacancies – terms end 2005 and 2006 (2) 

Each of the candidates were considered for the available seats and the following were appointed.

James Fussell was declared appointed to the Planning Commission for a term expiring in 2006.

Larry Klein was declared appointed to the Planning Commission for a term expiring in 2006.

Brian Sulser was declared appointed to the Planning Commission for a term expiring in 2005.

No action was taken.

JOINT CITY COUNCIL MEETING WITH THE REDEVELOPMENT AGENCY

ROLL CALL

JOINT SESSION/GENERAL BUSINESS

Councilmember/Agency Member Hamilton recused herself stating her property is located in the redevelopment area but does not preclude her from voting on individual projects within the area, and left the dais.

Brice McQueen, Redevelopment Manager, assisted by Lynn Hutchins, Redevelopment Counsel with Goldfarb and Lipman, presented the staff report.  He reported on December 16, 2003, the Agency Board and the City Council conducted a joint public hearing on the proposed Fourth Plan Amendment. Prior to the joint public hearing the Agency and City Council received written comments on the proposed amendment. Redevelopment Law requires the City to prepare written findings and responses to each written objection received. Upon completion of the public hearing on December 16, 2003, the final action of the Agency Board and the City Council was deferred to the January 6, 2004 meeting in order to respond in writing to the written comments received. He stated that David Daniels, who represents Harvest Partners, submitted a letter in support of their previously raised concerns. Staff recommends that the City Council: (1) adopt the attached resolution adopting written findings and responses to comments received in connection with the adoption of the Plan Amendment and (2) adopt the attached ordinance adopting the Fourth Plan Amendment to the Central Core Redevelopment Plan.

Mayor Howe opened the floor for comments at 10:55 p.m. and, there being no public comments, closed the comment period.

Vice Agency Chair Chu moved, and Agency Member Miller seconded, to adopt the resolution, RDA 04-001, on the Central Core Redevelopment approving written findings and responses to comments received in connection with the adoption of the Plan Amendment and approving the Fourth Amendment to the Central Core Redevelopment Plan.

Agency Member Swegles offered a friendly amendment to limit the term to eight years.  The amendment was accepted. 

The motion carried unanimously.

Mayor Howe directed the City Clerk to read the title of the Ordinance.

Vice Mayor Chu moved, and Councilmember Miller seconded, to adopt the ordinance,  RTC 04-011, on the Central Core Redevelopment approving written findings and responses to comments received in connection with the adoption of the Plan Amendment and approving the Fourth Amendment to the Central Core Redevelopment Plan as amended to reflect a period of eight years.  The motion carried unanimously.

RESOLUTION NO. 102-04 A RESOLUTION ADOPTING WRITTEN FINDINGS AND RESPONSES TO COMMENTS OR OBJECTIONS RECEIVED IN CONNECTION WITH CONSIDERATION OF THE ADOPTION OF THE FOURTH AMENDMENT TO THE CENTRAL CORE REDEVELOPMENT PLAN IN ACCORDANCE WITH THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33363

ORDINANCE NO. 2742-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE APPROVING AND ADOPTING A FOURTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CORE REDEVELOPMENT PROJECT AREA

At this juncture, Councilmember Hamilton returned to the dais.

ADJOURNMENT OF CITY COUNCIL

Mayor Howe declared the meeting adjourned at 11:03 p.m.

Respectfully submitted,

Susan Ramos, City Clerk