MINUTES

SUNNYVALE CITY COUNCIL

 OCTOBER 12, 2004

7:30 P.M.

The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Joint Study Session with the Heritage Preservation Commission to discuss 2005 Study Issues and Commission Role, a 6:30 p.m. Study Session to discuss Audit Findings and Recommendations regarding the Emergency Preparedness Program and Animal Control Program, 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.  Following the Council Meeting, the Council met in Closed Session regarding Labor Negotiations, SEA, pursuant to Government Code 54957.8.

SALUTE TO THE FLAG

Mayor Howe led the salute to the flag.

ROLL CALL

PUBLIC ANNOUNCEMENTS

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

The City is holding a series of neighborhood meetings in October and November to discuss housing and community development needs. The first four neighborhood meetings will be held this week.  For more information, contact Katrina Ardina in the Housing Division at 408-730-7451.

The Sunnyvale Parks Division and the Sunrise Rotary Club will be hosting a Volunteer Planting/Work Day at Ortega Park, at 626 Harrow Way, on Saturday, October 30, from 9:00 a.m. to noon.  For more information, call Mike Jones in the Parks and Recreation Department at 408-730-7582.

Saturday, October 23, is the annual “Make a Difference Day”, and the City of Sunnyvale will be hosting several environmental projects at Baylands Park.  For additional information, contact Romie Georgia at (408) 730-7536.

Linda Davis, of the League of Women Voters, announced the League is hosting a number of events to explain ballot measures and are also hosting candidate forums.  For more information, visit their web site at www.smartvoter.org.  She distributed copies of a packet to the Council.

Johanna Friesen, a member of the public, announced a publication regarding the revitalization of the downtown.  She distributed copies of the brochure to the Council.

CONSENT CALENDAR

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

Fiscal Items

Contracts

Other Items

CITIZENS TO BE HEARD

Barry Warmkessel, a member of the public, advocated for the City to expand flood control, and requested, for the record, expanded flood control for the drainage ditch between Picasso and Rembrandt in between Fremont and El Camino.

Vincent Swerkes, a member of the public, expressed concern about the parking that was removed on Evelyn Avenue across the street from the Blue Bonnet Mobile Home Park.

PUBLIC HEARINGS/GENERAL BUSINESS

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

Staff responded to questions posed by the Council regarding occupants, fencing, setbacks, placement and design of the buildings, and vehicle emissions.

Mayor Howe opened the Public Hearing at 8:29 p.m.

John Tze, Applicant, spoke about neighborhood issues raised that have been addressed by Sandhill Properties, the orientation of the stores, the site plan, and the architecture.  He stated they will continue to work with staff on project modifications and the resolution of the issues.

Ken Rodriquez, Project Architect, commented about concerns about the building setbacks and landscaping the parking lot.  He further commented about the building entrances, a pedestrian friendly site, and architectural features.  He responded to questions from the Council regarding parking, setbacks, sidewalks, architectural design, the possibility of two entrances, and landscape plans.

Barry Warmkessel, a member of the public, expressed concerns about the masonry fences and the drainage effect on his property.  He requested, for the record, that the backfill be minimal behind his property.

Name illegible, a member of the public, expressed concern about noise and requested that the entrance to the buildings be moved further from his property line and the trees be taller.

John Tze, Applicant, addressed issues regarding noise mitigation and explained his outreach to the neighbors to resolve potential problems. He responded to questions from Council regarding the wall materials, the number of trees being removed, hours of operation, height of buildings, and noise issues.

Mayor Howe closed the Public Hearing at 8:42 p.m.

Councilmember Swegles moved, and Councilmember Lee seconded, to approve Alternative 1, to adopt the Negative Declaration and introduce an Ordinance to Rezone 776 and 750 East El Camino Real from C-2 to C-2/ECR and approve the Special Development Permit and Tentative Map with attached conditions.  Direct staff to continue to work with the Architect to round off the corners and soften the design, to do another sound mitigation study in six months after completion of the project, and to direct the Director of Community Development to review and approve the modifications to the architectural details.

Vice Mayor Chu offered a friendly amendment to include a 12’ to 14’ fence wall of mixed material, like masonry or wood, with landscaping in the rear of the property between the buildings. The amendment was accepted.

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

ORDINANCE NO. 2768-04 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 776 E. EL CAMINO REAL FROM C-2 (HIGHWAY BUSINESS) TO C-2/ECR (HIGHWAY BUSINESS/EL CAMINO REAL PECISE PLAN) ZONING DISTRICT

 The motion carried unanimously.

Trudi Ryan, Planning Officer, presented the staff report.

Staff responded to questions posed by the Council regarding landscaping, the five variances, height of the development, and site grading.

Mayor Howe opened the Public Hearing at 9:10 p.m.

Ethelita Wallace, Appellant, presented slides and expressed concerns on the negative impact on the neighborhood, the zoning variances, the setbacks and close proximity to their property, privacy, airflow to existing homes, parking issues, landscaping, and the effect on property values.

Doug Werner, Appellant, presented slides and expressed concerns regarding the height and width of the development, conforming the development to the site, lack of privacy, landscaping, waste disposal pickup, material delivery outside the hours of construction, and dust and debris generated from the construction. 

Mayor Howe requested that staff enforce the ordinance regarding hours of construction be applied to delivery of materials as well.

Scott Ward, of Classic Communities, Applicant, requested that the Council approve the application.   He stated this site has been zoned for this purpose for over a decade and the project is consistent with the General Plan.    He stated he modified the site design after meeting with the neighbors to address their concerns and the project is fully compliant with the building coverage standard and parking requirements.  He stated they are willing to make more modifications to improve the plan and address the neighbors’ concerns.  He responded to questions posed by the Council regarding the elevation, the masonry wall, a contact person, cleanup of debris generated by the project, individual trash pick up, height reduction, grade level, purchase price and homeowner fees, maintenance of the fence, and the construction timeframe.

Christopher Friesen, a member of the public, presented slides and requested that the Council revoke the permit for the project as planned.  He expressed concerns regarding the setbacks, the height variance, and privacy issues.

Mo Olson, a member of the public, presented slides and advocated that the project follow City building and zoning codes.  She expressed concerns about the impact on property values, privacy and parking.

Ken Mayer, a member of the public, expressed concerns that the project is impacting parking on the south side of Evelyn, and about the increased demand for parking generated from residents of the proposed project.

Vincent Swerkes, a member of the public, expressed concerns regarding parking on the south side of Evelyn being taken away.

Mark Russell, a member of the public, expressed support for the project and the need for affordable housing.

Robin Schneider, a member of the public, expressed concern about the lack of parking with the addition of the new development, the negative impact on the neighborhood, and the height of the development.

Scott Olah, a member of the public, expressed concern about the height of the development, setbacks, parking and traffic.  He advocated for the Council to reject the project as proposed.

Tami Olah, a member of the public, advocated for the Council to consider the citizen concerns.

Don Thomas, a member of the public, spoke in support of the project and advocated for good dialog between the developer and neighbors, and for individual trash pick up.

Shiloh Ballard, of the Silicon Valley Manufacturing Group, spoke in support of the project as proposed and the need for affordable housing.

Scott Ward, Applicant, opined that the project would add value to the homes in the neighborhood, the number of residents living in the project would be approximately 120 people, the project is a balanced approach, and they have addressed neighborhood concerns.

Ethelita Wallace, Appellant, advocated for a new and higher fence to be built before the start of the construction.  She requested the Council consider the negative impact on the neighborhood.

Doug Werner, Appellant, stated that he is not opposed to the project but to the project as proposed.  He advocated for the Council to reject the current proposal and address solutions to the concerns raised.

Scott Ward, Applicant, in response to Council questions, stated it would take them approximately a week to have the updated project plans available.

Mayor Howe closed the Public Hearing at 11:17 p.m.

Councilmember Swegles moved, and Councilmember Fowler seconded, to approve Alternative 2, deny the appeal and thereby approve the Special Development Permit and Tentative Map with the modifications that the developer provide a contact person, provide cleanup for the residents, that the garages are for cars only, and the units have individual trash pick up.

Councilmember Fowler offered a friendly amendment to require opaque non-operable windows on the third floor of the end units on the southern facade to insure privacy.  The amendment was accepted.

Councilmember Fowler offered a friendly amendment to require a 12 foot masonry fence along the back of the development.  The amendment was accepted.

Councilmember Fowler offered a friendly amendment to direct staff to work with the applicant to remove the 500 square feet from the third floor of the end units.  The amendment was accepted.

Councilmember Hamilton offered a friendly amendment that the design conform with the 20 foot height level, 75 feet rear setback design.  The amendment was not accepted.

Vice Mayor Chu offered a friendly amendment that the 12 foot fence materials be worked out between the neighbors and the developer, and that the Director of Community Development review and approve the fence.  The amendment was accepted.

Councilmember Lee moved a substitute motion, and Councilmember Miller seconded, to continue the appeal application to October 26, 2004 for the purpose of discussing individual trash pickup, loss of landscaping, the masonry wall, consideration of removal of one floor and reducing the height of the seven units on the south end of the project as options for the developer, the neighbors and staff in its efforts to work out a resolution to the building architectural issues. The motion carried with Councilmembers Fowler, Hamilton and Swegles dissenting.

Jack Witthaus, Transportation and Traffic Manager, presented the staff report.

Vice Mayor Chu volunteered to be part of the VTA Design Enhancements Committee since he is a VTA representative to the Community Oriented Design Enhancement Committee.

Mayor Howe opened the Public Hearing at 11:40 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Swegles moved, Councilmember Fowler seconded, to nominate Vice Mayor Chu, Wallace Harper of the Arts Commission, and Jack Witthaus, Transportation Manager, to represent the City on the VTA Design Enhancements Committee.  The motion carried unanimously.

NON-AGENDA ITEMS & COMMENTS

COUNCIL

Councilmember Miller offered to sponsor the following study issues:

1. Look into providing City Planning updates and other items of interest on the City’s website.
2. Identify a workable process, discuss marketing potential and analyze fiscal ramifications for the City for potential sales tax rebate for clean air vehicles sold by Sunnyvale auto dealers

STAFF

Valerie Armento, City Attorney, noted this would be her last Council meeting and provided the following remarks:  She thanked the staff in the Office of the City Attorney, both past and present, for their service and dedication, and congratulated Joan Borger on her appointment as Interim City Attorney.  She acknowledged City staff for their dedication and the assistance provided to the City Attorney’s office and their support and recognition for her efforts during the time she has served as City Attorney.  She further thanked Interim City Manager Chan for her dedication and the Council, as it was constituted in the Fall of 1990, for providing her with the opportunity to serve the community of Sunnyvale.

ADJOURNMENT  TO A CLOSED SESSION

Mayor Howe adjourned the regular Council meeting at 11:50 p.m. to a Closed Session regarding Labor Negotiations - SEA pursuant to Government Code 54957.8.

ADJOURNMENT

Mayor Howe adjourned the Closed Session at 12:32 a.m.

Respectfully submitted,

Susan Ramos, City Clerk