MINUTES

SUNNYVALE CITY COUNCIL
JULY 20, 2004
7:30 P.M.

The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Closed Session regarding Personnel Matters - SEA Labor Negotiations Pursuant to Government Code 54957.6, and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:30 p.m., with Mayor Howe presiding.

SALUTE TO THE FLAG

Mayor Howe led the salute to the flag.

ROLL CALL

PUBLIC ANNOUNCEMENTS

Vice Mayor Chu announced there was a 5:30 p.m. Closed Session regarding Personnel Matters - SEA Labor Negotiations Pursuant to Government Code 54957.6.  No direction was given and no action was taken.  He further stated the 6:30 p.m. Study Session regarding Options of Use of the $1.5 Million Capital Project was not held and rescheduled for a later date.

CONSENT CALENDAR

Councilmember Hamilton requested item 1.F. be pulled from the Consent Calendar and considered separately.  Vice Mayor Chu requested agenda items 1.A, 1.I and 1.J be pulled because due to his absence at the meeting, he will be abstaining. Vice Mayor Chu moved, and Councilmember Swegles seconded, approval of the Consent Calendar with the exception of Items 1.A, 1.F, 1.I, and 1.J.  The motion carried unanimously.

1.A

Approval of Draft Minutes (Regular Meeting of July 13, 2004)

Mayor Howe moved, Councilmember Swegles seconded, to approve the minutes as presented. The motion carried with Vice Mayor Chu abstaining.

Fiscal Items

Personnel Items

Myriam Castaneda, Human Resources Supervisor, and Valerie Armento, City Attorney, responded to questions posed by Council regarding specifics of the salary resolution, salary increase rates, and the Memo of Understanding (MOU).

Mayor Howe opened the Public Hearing at 7:45 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Hamilton moved, and Councilmember Miller seconded to adopt the Salary Resolution for Fiscal Year 2004–2005 to incorporate updates and corrections necessary to maintain current information in this document.  The motion carried unanimously.

Contracts

Other Items

1.I.

ORDINANCE NO. 2754-04

Adoption of an Ordinance 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   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-S (INDUSTRIAL AND SERVICE) TO M-S/PD (INDUSTRIAL AND SERVICE AND PLANNED DEVELOPMENT) ZONING DISTRICT

Mayor Howe moved, Councilmember Swegles seconded, to adopt the Ordinance as presented. The motion carried with Vice Mayor Chu abstaining.

1.J.

ORDINANCE NO. 2755-04

Adoption of an Ordinance Amending the Precise Zoning Plan, Zoning Districts Map, to Rezone Certain Property Located at 529 S. Murphy Avenue From R-2/O (Low Medium Density Residential/Office) to R-2/O/PD (Low Medium Density Residential/Office/Planned Development) Zoning District   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/O (LOW MEDIUM DENSITY RESIDENTIAL/OFFICE) TO R-2/O/PD (LOW MEDIUM DENSITY RESIDENTIAL/OFFICE/PLANNED DEVELOPMENT) ZONING DISTRICT

Mayor Howe moved, Councilmember Swegles seconded, to adopt the Ordinance as presented. The motion carried with Vice Mayor Chu abstaining.

CITIZENS TO BE HEARD

Brian McQueen, a member of the public, expressed concern regarding the wall between the connection from the Plaza to the Town and Country Center.  He suggested removing the fence, a transparent fence, or a shorter fence.  Mayor Howe requested that City staff respond in writing to the concerns raised.

PUBLIC HEARINGS/GENERAL BUSINESS

Trudi Ryan, Planning Officer, presented the staff report.

Staff responded to questions posed by Council regarding outside vendors, land values and uses, and the need for the facility.

Mayor Howe opened the Public Hearing at 8:03 p.m. and, there being no pubic comments, closed the Public Hearing.

Councilmember Swegles moved, and Councilmember Miller seconded, to approve Alternative 2 to solicit bids from potential storage operators for the Fair Oaks Way and Highway 237 site and evaluate the feasibility of that site further when bids are reviewed.

Councilmember Miller offered a friendly amendment to accept the report as is and look at this alternative for the specific site located on Fair Oaks Way and Persian Drive.

The motion failed with Councilmembers Lee, Hamilton, Fowler and Vice Mayor Chu dissenting.

Vice Mayor Chu moved, Councilmember Fowler seconded, approve Alternative 1, conclude this study and not invest in a RV storage project on City property. The motion carried with Councilmember Swegles dissenting.

Trudi Ryan, Planning Officer, presented the staff report.

Staff responded to questions posed by the Council regarding the findings needed to grant a variance, specifics of the lot, and lots on Hollenbeck with variances/deviations.

Mayor Howe opened the Public Hearing at 8:18 p.m.

Fu-Mei Loh, Appellant, described the design of the house, a description of the lot and stated the setbacks required do not accommodate the design of the house. She stated other houses in the area have smaller setbacks and there were no complaints from the neighbors.

Mayor Howe closed the Public Hearing at 8:24 p.m.

Councilmember Lee moved, and Councilmember Hamilton seconded, to deny the appeal, which would deny the Variance and approve the Design Review, as recommended by the Planning Commission.  The motion carried unanimously.

Trudi Ryan, Planning Officer, presented the staff report.

Staff responded to questions from the Council regarding the description of different zoning districts and accessory living units

Vice Mayor Chu opened the Public Hearing at 8:37 p.m.

Curt Keegan, of Coldwell Banker and Applicant, stated that due to road improvements, square footage was taken from the lot, and with zoning amendments, the lot meets the requirements for R1.5 zoning.

Vice Mayor Chu closed the Public Hearing at 8:45 p.m.

Councilmember Miller moved, and Councilmember Fowler seconded, to approve Alternative 1, authorize the initiation of the General Plan Amendment study for the subject site from Low Density Residential to Low Medium Density Residential.

Councilmember Fowler offered a friendly amendment to request staff to specifically look at this building for a historical significance. The amendment was accepted.

Councilmember Lee offered a friendly amendment to include in the proposed study a rezone to R3. The amendment was not accepted.

The motion carried unanimously.

Councilmember Swegles moved, Councilmember Miller seconded, to adopt the Ordinance as presented. The motion carried with Vice Mayor Chu abstaining and Councilmember Hamilton dissenting.

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

NON-AGENDA ITEMS & COMMENTS

COUNCIL

Mayor Howe requested a study session on Tuesday, September 28 regarding the  Sunnyvale School District Facility Planning Study.

Councilmember Hamilton, Mayor Howe and Councilmember Swegles stated they will jointly sponsor a study issue to look at the feasibility of extending the sunset date for the overlay on Wright Avenue for the Mozart homes.

Mayor Howe requested staff to notify the Council if the sunset period falls prior to the end of 2005.

Councilmember Miller requested staff to provide additional information to clarify the employee suggestion process as it relates to safety issues and timing.

STAFF

There were no comments.

ADJOURNMENT

On a motion from Councilmember Miller, Mayor Howe adjourned the meeting at 9:09 p.m. in memory of Constance Wallin.

Respectfully submitted,

Susan Ramos, City Clerk