MINUTES
SUNNYVALE CITY COUNCIL 
July 13, 2004

The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Closed Session regarding Personnel Matters: Evaluation – City Attorney Pursuant to Government Code 54957, 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

SPECIAL ORDER OF THE DAY

Mayor Howe, who was joined at the podium by Robert Walker, Director of Parks and Recreation, and Robert Lawson and Raymond Pole of the Parks and Recreation Commission, proclaimed July as “Parks and Recreation Month” in the City of Sunnyvale.

SCHEDULED PRESENTATION

Carl Guardino, CEO of the Silicon Valley Manufacturing Group, gave an overview and provided pertinent materials on successful transportation projects and achievements. 

PUBLIC ANNOUNCEMENTS

Councilmember Swegles announced the following:

• The Council met in Closed Session regarding Personnel Matters: Evaluation – City Attorney Pursuant to Government Code 54957.  Direction was given and no action was taken.
• The Council met in Closed Session on June 19 regarding Town Center Mall Negotiations. Direction was given and no action was taken.
• The Council met in Closed Session on July 6 regarding Potential Litigation with the Silicon Valley Animal Control Authority and Town Center Mall Negotiations. Direction was given and no action was taken. 

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

The Sunnyvale Department of Public Safety will be sponsoring a National Night out on Tuesday, August 3 from 7:00 p.m. to 9:00 p.m. For more information call Mariana Alvarez at 408-730-7117, or email  malvarez@ci.sunnyvale.ca.us.

Mayor Howe paid tribute to U.S. soldier Patrick McCaffrey, a previous Sunnyvale resident,  who was killed in Baghdad and observed a moment of silence in his memory.

Harriet Rowe, a member of the public, announced the San Jose Mercury News has a complete listing of all legislators and contacts.

CONSENT CALENDAR

Councilmember Swegles moved, and Councilmember Hamilton seconded, approval of the Consent Calendar.  The motion carried unanimously with Vice Mayor Chu absent.

Fiscal Items

Personnel Items

Contracts

Other Items

CITIZENS TO BE HEARD

Rich Shapiro, a member of the public, directed comments to the Council on concerns related to Public Safety.

Tom Carrig, with the Heritage Neighborhood District, expressed concern about the volume of the warning system for the railroad and new buildings that do not conform to the neighborhood.

Harriet Rowe, a member of the public, expressed concern about the density of new homes and the lack of integration into the existing neighborhood.  She requested a meeting hall or club house for new developments and asked this be included in next year’s study issues. 

Councilmember Fowler offered to sponsor a study issue to explore the feasibility of changing the City’s regulations to allow consideration of ideas to incorporate social/gathering/meeting room with a kitchenette for developments with Homeowner’s Associations.

Monica Dragonowski Davis, representing the Charles Street Neighborhood Association, expressed concerns regarding the Mozart building number 2 related to lights left on during the night being too bright and sun glare off the windows of the building.

Mayor Howe moved, and Councilmember Miller seconded, that Public Hearing item number 7 be continued to the July 27 Council meeting.  The motion carried unanimously with Vice Mayor Chu absent.

PUBLIC HEARINGS/GENERAL BUSINESS

Trudi Ryan, Planning Officer, assisted by Kelly Diekmann, Project Planner, presented the staff report.

Staff responded to questions from the Council regarding the size of offices, the tenants in the Mozart building, zoning related to the size of the business, if office space was for sale or lease, and property owner entitlements.

Mayor Howe opened the Public Hearing at 8:25 p.m.

Jane Vaughn, with Menlo Equities/applicant, presented slides on the proposed development that described the project and benefits.  She requested that the Council not reduce housing units to other parcels and allow owners to come in with plans and make the decision then to allow flexibility.

Patrick Grant, a member of the public, expressed concerns related to energy and distributed documents to the Council.

Ethel Schafer, a member of the public, read a letter on behalf of Charles Wallin which addressed concerns about housing and office space in Block 18.

Tom Carrig, representing the Heritage District Neighborhood Association, requested that the downtown not be overdeveloped and spoke in opposition to the proposed project.

Paul Reed, of the Friends of Sunnyvale, spoke in opposition to the proposed project and asked that the Council not approve the project in the present form.

Dick Stein, a member of the public, stated that Block 18 is being overdeveloped and expressed concerns about narrow streets and gridlock.  He requested that the project be reduced in scope.

Shiloh Ballard, of the Silicon Valley Manufacturing Group and Housing Coalition, spoke in support of the project and addressed the need for additional housing.

Ray Johnson, a member of the public, presented slides and spoke in opposition to the percentage of space dedicated to office space and housing.

Andy Maloney, a member of the public, addressed concerns related to Association of Bay Area Governments (ABAG) numbers, and opined that the City has sufficient housing.

Arthur Schwartz, a member of the public, expressed concern that there is not a backup plan for Block 18 and asked that the Council consider what is best for the citizens.

Harriet Rowe, a member of the public, spoke in support of the additional housing units and urged the Council to continue to work with the Forum Group.

Suzi Blackman, Chief Executive Officer of the Sunnyvale Chamber of Commerce, spoke in support of the project and urged the Council to move forward with the project.

Thom Bryant, of Network Appliance, spoke in support of the project and the need for more downtown housing.

Cynthia Johnson, a member of the public, spoke in opposition to the density of the project and urged a project that is in keeping with the character of Sunnyvale.

Jennifer, Paedon, of the Moffett Park Business and Transportation Association, spoke in support of the additional housing and expressed concerns regarding commuter issues related to lack of local housing.

Coleen Hurley, of Juniper Networks, spoke in support of additional affordable housing and the proposed project.

Yolanda Risch, a member of the public, spoke in support of the additional housing and expressed support for the proposed project. She distributed a letter from Tim Risch to the Council.

Joe Antuzzi, of the Sunnyvale Downtown Association, spoke in support of the project as proposed.

Tom Paradise, of Standard Pacific Homes, stated they are working with the Forum Group and the City as part of this project.  He clarified that he has not been part of the negotiations on the business terms of this contract.  He commented about entitlements, the housing shortage and his support of the proposed project.

Mark Calvert, representing Lehman Brothers, clarified that the Forum Group still has issues to resolve with Macys.  He expressed concerns regarding the economic feasibility of the project and recommended 350 units be approved instead of 300 to help meet the City’s housing needs. He recommended the Council defer a decision and leave it until the Specific Plan is reviewed.

Jane Vaughn, of Menlo Equities, stated the retail space is maximized and clarified that $100 million bonus is not correct.

Mayor Howe closed the Public Hearing at 9:50 p.m.

Councilmember Miller moved to approve Alternative 1, 4 and 5 to introduce a resolution and ordinance to increase the intensity of Block 18 by an additional 98,000 square feet of office and 92 additional housing units, introduce a resolution and ordinance to revise the maximum number of developable units for Block 4, 6, 9, and 13 for a reduction of 82 units, and introduce a resolution to certify the Final EIR and Addendum for the proposed amendments and to include the traffic mitigation measure identified for De Anza Boulevard and Homestead Road.  Councilmember Hamilton seconded with a friendly amendment to reallocate 92 housing units from Block 1A to Block 18. The amendment was not accepted.

Councilmember Hamilton withdrew her second to the motion.

 Councilmember Fowler seconded the motion.

Councilmember Lee offered a friendly amendment to reduce the office square footage to 80,000 from 98,000, bringing the total to 282,000 square feet instead of 300,000.  The amendment was accepted.

At the request of the Mayor, the City Clerk read the title of the ordinance.

ORDINANCE NO. 2753-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING PORTIONS OF TITLE 19 OF THE SUNNYVALE MUNICIPAL CODE PERTAINING TO DEVELOPMENT INTENSITIES IN THE DOWNTOWN SPECIFIC PLAN AREA

The motion carried with Councilmember Hamilton dissenting and Vice Mayor Chu absent.

RESOLUTION NO. 126-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE GENERAL PLAN AND THE 2003 DOWNTOWN SPECIFIC PLAN (DSP) TO INCREASE MAXIMUM DEVELOPMENT DENSITY PERMITTED IN DSP BLOCK 18

Mayor Howe declared a recess at 10:18 p.m. and reconvened the meeting at 10:27 p.m.

Mayor Howe requested that Public Hearing item number 4 be considered before Public Hearing item number 3.

Connie Verceles, Business Development Manager, presented the staff report.

Staff responded to questions from the Council regarding methods and fees.

Mayor Howe opened the Public Hearing at 11:47 p.m. and, there being no public comments, closed the Public Hearing.

Staff reported votes tabulated by the consultant totaled 76.20% in favor of the assessment.

Mayor Howe moved, Councilmember Lee seconded, to approve Alternative 1, if the vote as tabulated is in support of the proposed assessment, Council may adopt the Resolution confirming the Engineer’s Report and levying the annual assessment for the Downtown Parking Maintenance District for FY 2004/05 and FY 2005/06. The motion carried unanimously with Vice Mayor Chu absent.

RESOLUTION NO. 129-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE CONFIRMING ENGINEER'S REPORT AND LEVYING ANNUAL ASSESSMENT FOR THE DOWNTOWN PARKING MAINTENANCE DISTRICT FOR FY 2004-05 AND FY 2005-2006

Jamie McLeod, Project Planner, assisted by Trudi Ryan, Planning Officer, presented the staff report.

Staff responded to questions posed by the Council relating to traffic access to the Tennis Center Lane.

Mayor Howe opened the Public Hearing at 10:35 p.m.

Ken Rodriguez, Architect, described the project with a Powerpoint presentation.

William Jabobson, on behalf of the owner and commercial applicant, Yvonne Jacobson, concurs with the Planning Commission and staff recommendation. He clarified that the artwork value was based on the commercial portion only, and replied to questions posed by the Council.

Scott Ward, of Classic Communities, the residential applicant, urged the Council to approve this project.  He raised the issue of using centralized versus individualized garbage containers.  He stated he would prefer the latter, and described the configuration for garbage pick up, and commented on turn around dimensions for utility vehicles.  He stated condition 25 regarding structural soil was changed at the Planning Commission meeting. He asked for clarification, stated it was hard to see it as a benefit, and requested that the original condition be restored. He distributed a drawing to the Council in response to a question on overflow parking at the Tennis Center near the teardrop-shaped parcel.

Bernard Marais, President of the Old Orchard Townhouse Association, thanked the applicant for their outreach to the stakeholders.  He stated they understand the proposal and asked to specify that the exit road to the development go through the Tennis Center parking lane which will aid emergency vehicles, protect their properties and minimize the traffic congestion on Mathilda avenue.  He further requested that the Council consider individual garbage cans.

Edward Moore, a member of the public, opined that the City follow the policy to minimize driveways into Mathilda and Sunnyvale-Saratoga Road, and that the existing Tennis Center Lane was originally intended to be the outlet.

Arthur Schwartz, a member of the public, commented about garbage cans and opined there needs to be a compromise.  He stated the Tennis Center connection is essential and opposes the cross over connection.  He opined that there could be an additional five to six parking spaces in the grassy area at the Tennis Center and the crossover should be a small round about.

Harriet Rowe, a member of the public, spoke in favor of planting Cherry trees instead of Magnolia trees.  She requested clarification on the covered parking, stating there appeared to be 16 units with tandem parking, and she expressed concern about individualized garbage pick up as well as the lack of parking.

Brian Garrow, operator of the Tennis Center, expressed concerns regarding parking, especially during peak hours. He requested that the Council not approve a connection to the Tennis Center.

Mayor Howe closed the Public Hearing at 11:32 p.m.

Mayor Howe reopened the Public Hearing at 11:32 p.m.

Scott Ward, of Classic Communities, responded to questions from the Council regarding parking at the Tennis Center suggesting that the Home Owners Association could issue parking passes to designate authorized cars to park in that zone.  He clarified that there are 8 tandem parking units, addressed concerns regarding centralized garbage and enclosures.  He stated the Tennis Center connection is a great opportunity to make this improvement, but if this is not possible, they need an additional Mathilda Avenue connection.

Mayor Howe closed the Public Hearing at 11:38 p.m.

Councilmember Miller moved, Councilmember Lee seconded to approve Alternative 2, to adopt the Mitigated Negative Declaration and approve the Annexation, Williamson Act cancellation, dis-establishment of the Agricultural Preserve, Special Development Permit, and Tentative Map subject to the Conditions of Approval as recommended by the Planning Commission, and maintain the requirement for the public art bond (COA #17).

Councilmember Swegles offered a friendly amendment to approve individual garbage cans instead of centralized.  The friendly amendment was accepted.

The motion carried unanimously with Vice Mayor Chu absent.

RESOLUTION NO. 127-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE FOR ANNEXATION OF APPROXIMATELY 2.8 ACRES DESIGNATED AS “DE ANZA 04-01” (JACOBSON ORCHARD ANNEXATION) LOCATED ON SOUTH MATHILDA AVENUE LOCATED NEAR THE INTERSECTION OF EL CAMINO REAL (APPN’S 201-22-010 AND 201-35-005)

RESOLUTION NO. 128-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE GRANTING TENTATIVE APPROVAL OF AGRICULTURAL LAND CONSERVATION CONTRACT (WILLIAMSON ACT) CANCELLATION AND DE-ESTABLISHING AGRICULTURAL PRESERVE FOR CERTAIN REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF MATHILDA AVENUE AND EL CAMINO REAL

Trudi Ryan, Planning Officer, presented the staff report.

Staff responded to questions from the Council regarding removal of trees from the park.

Mayor Howe opened the Public Hearing at 11:53 p.m.

Wade Chu, applicant representative, emphasized this is the reuse of an existing industrial site that has been vacant for years, and is an attempt to bring back incubator space for sale for business and commercial use.  He explained the large addition of landscaping and trees for this site.

Mayor Howe closed the Public Hearing at 11:57 p.m.

Councilmember Fowler moved, Councilmember Swegles seconded, to approve Alternative 1, to adopt the Negative Declaration and introduce an Ordinance to rezone 1260 Kifer Road from M-S to M-S/PD and approve the Special Development Permit and Tentative Map with attached conditions. The motion carried unanimously with Vice Mayor Chu absent.

At the request of the Mayor, the City Clerk read the title of the ordinance.

ORDINANCE NO. 2754-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE PRECISE ZONING PLAN, ZONING DISTRICTS MAP, TO REZONE CERTAIN PROPERTY LOCATED AT 1290 KIFER ROAD FROM M-2 (INDUSTRIAL AND SERVICE) TO M-2/PD (INDUSTRIAL AND SERVICE AND PLANNED DEVELOPMENT) ZONING DISTRICT

The motion carried unanimously with Vice Mayor Chu absent.

Trudi Ryan, Planning Officer, presented the staff report.

Staff responded to questions posed by the Council regarding neighborhood outreach.

Mayor Howe opened the Public Hearing at 12:04 a.m.

Tom Sweeney, speaking on behalf of the applicant, stated the outreach to the neighborhood was done with the adjacent neighbors on Murphy Avenue.  He stated there were two individuals who expressed concerns on the trees.

Brian McQueen, of the Sunnyvale Heritage Preservation Commission, requested staff to involve the Heritage Preservation Commission regarding heritage resources and Heritage Preservation Sub Element.  He further stated they support the project.

Tom Sweeney stated a key element of this project is restoration of the property to it’s original historic architecture and making it a showpiece.

Mayor Howe closed the Public Hearing at 12:17 a.m.

Councilmember Hamilton moved, Councilmember Lee seconded to approve Alternative 1, to adopt the negative declaration and introduce an Ordinance to rezone 529 South Murphy Avenue from R-2/O to R-2/O/PD and approve the Special Development Permit and Tentative Map with attached conditions.

Councilmember Miller stated she reluctantly supported the motion because of her concern with approving so many deviations which might set a precedent.

At the request of the Mayor, the City Clerk read the title of the ordinance.

ORDINANCE NO. 2755-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE PRECISE ZONING PLAN, ZONING DISTRICTS MAP, TO REZONE CERTAIN PROPERTY LOCATED AT 529 S. MURPHY AVENUE FROM R-2/0 (LOW MEDIUM DENSITY RESIDENTIAL/OFFICE) TO R-2/0/PD (LOW MEDIUM DENSITY RESIDENTIAL/OFFICE/PLANNED DEVELOPMENT) ZONING DISTRICT

The motion carried unanimously with Vice Mayor Chu absent.

Mayor Howe moved, and Councilmember Miller seconded, that Public Hearing item number 7 be continued to the July 27 Council meeting.  The motion carried unanimously with Vice Mayor Chu absent.

Tim Kirby, Revenue Systems Supervisor, presented the staff report.

Mayor Howe opened the Public Hearing at 12:23 a.m. and, there being no public comments, closed the Public Hearing.

Councilmember Swegles moved, Councilmember Miller seconded to approve Alternative 1, to adopt the resolution and proceed with the assessment process through the County of Santa Clara. The motion carried unanimously with Vice Mayor Chu absent.

RESOLUTON NO. 130-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE CONFIRMING LIENS ON REAL PROPERTIES FOR NONPAYMENT OF UTILITY CHARGES AND ABATEMENT OF NUISANCES COSTS

Heather Tennehill, Manager in the Department Public Safety, presented the staff report.

Councilmember Swegles suggested that, in the interest of time, one vote be taken for Public Hearing items 9, 10 and 11.  Mayor Howe approved and there was no opposition from the Council.

Mayor Howe opened the Public Hearing at 12:26 a.m. for Public Hearing items 9, 10, and 11, and, there being no public comments, closed the Public Hearing.

Councilmember Miller moved, and Councilmember Swegles seconded, to introduce and adopt an ordinance awarding a non-exclusive franchise for taxicab service to Santa Clara Cab for the period of August 19, 2004 through August 18, 2006 per applicant request, and authorize the City Manager to execute necessary documents of agreement.

At the request of the Mayor, the City Clerk read the title of the ordinance.

ORDINANCE NO. 2757-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AWARDING NONEXCLUSIVE FRANCHISE TO PHIL MARCIEL AND DENISE JAN DOING BUSINESS AS SANTA CLARA CAB

The motion carried unanimously with Vice Mayor Chu absent.

Councilmember Miller moved, and Councilmember Swegles seconded, to introduce and adopt an ordinance awarding a non-exclusive franchise for taxicab service to Silicon Valley Checker Cab Company for the period of August 19, 2004 through August 18, 2006 per applicant request, and authorize the City Manager to execute necessary documents of agreement.

At the request of the Mayor, the City Clerk read the title of the ordinance.

ORDINANCE NO. 2758-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AWARDING NONEXCLUSIVE FRANCHISE TO LARRY SILVA DOING BUSINESS AS SILICON VALLEY CHECKER CAB COMPANY

The motion carried unanimously with Vice Mayor Chu absent.