MINUTES
SUNNYVALE CITY COUNCIL
 OCTOBER 26, 2004
7:30 P.M.

The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Closed Session with Legal Counsel – Existing Litigation Pursuant to Government Code 54956.9 Subdivision (a) Malloy: WCAB No. SJO 0219865, a 6:00 p.m. Study Session regarding Wage Policy for Maintenance Contracts, a 6:30 p.m. Study Session regarding Mercury in the Environment and New Proposed Requirements from the Regional Water Quality Control Board, a 7:15 p.m. Closed Session regarding Labor Negotiations: SEA Pursuant to Government Code 54957.8, 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

The Sunnyvale Webelos led the salute to the flag.

ROLL CALL

SPECIAL ORDER OF THE DAY

Mayor Howe, who was joined at the podium by Barry Del Buono, President and CEO of the Emergency Housing Consortium, proclaimed the week of November 14 through 20, 2004 as “Hunger and Homeless Awareness Week” in the City of Sunnyvale.

SCHEDULED PRESENTATION

Darren Deffner, and Ben Mehta, of PG&E, gave a Powerpoint presentation of their non-residential energy efficiency programs including incentive programs, budget, partnerships and accomplishments.  They passed out packets to the Council.

Mayor Howe requested information from PG&E regarding the electric costs for street lighting.

Robert Paternoster, Director of Community Development, reported the City of Sunnyvale received the Silver Award for the James C. Howland Awards for Municipal Enrichment in the amount of $1000.  He presented $500 each to Laura Babcock, Chairman of the Sunnyvale Historical Society and Museum Association, and Margaret Lawson, Board Chairman of Leadership Sunnyvale.

PUBLIC ANNOUNCEMENTS

Vice Mayor Chu announced the Council met in the following Closed Sessions:

With Legal Counsel regarding Existing Litigation Pursuant to Government Code 54956.9 Subdivision (a) Malloy: WCAB No. SJO 0219865.  Direction was given and no action was taken.

Labor Negotiations: SEA Pursuant to Government Code 54957.8. Direction was given and action was taken.

Vice Mayor Chu reported there is no scheduled Council meeting on November 2 (election day), and the next scheduled meeting is November 9.

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

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.

Councilmember Miller congratulated Councilmember Lee as the winner of the “Asian Heroes 2004” award for civic involvement from Supervisor Liz Kniss.  She further announced that Vice Mayor Chu won the award in 2003.

Councilmember Miller announced that she, Vice Mayor Chu and Councilmember Swegles attended the NASA Columbia’s Super Computer Announcement and Press Conference.

Mayor Howe announced it was the consensus of Council that any agenda item that has not been started by midnight will be continued to another date.

Mike Klein, a member of the public, announced that from November 1 through Novemer 19 there will be a “Scouting for Food Program”.  Donations will go to Sunnyvale Community Services and be used as part of the Thanksgiving feeding program.

Rich Shiparo, a member of the public, announced he will be picketing in front of the Sunnyvale Library.

CONSENT CALENDAR

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

Fiscal Items

Contracts

Other Items

CITIZENS TO BE HEARD

Lisa Osodo, a member of the public, expressed concerns related to the development on E. Evelyn Avenue stating that the development overwhelms the existing homes.

Mitch Diamond, a member of the public, commented on the development at 408-424 E. Evelyn Avenue and requested that Council approve staff’s recommendation referenced in RTC 04-389 under “Information Only Items” to look into the violations of the “Conditions of Approval” number 7 and determine the grounds to revoke the Special Development Permit.  He distributed a handout to the Council and expressed concerns regarding zoning and privacy.

In response to the aforementioned public comments, Mayor Howe directed staff to continue to work with the developer and the neighbors to meet the intent of the project conditions of approval relating to landscaping and the masonry wall. He requested staff provide Council with an update in one month and to note the names of the speakers tonight for future reference.

Rich Shapiro, a member of the public, expressed concerns about Department of Public Safety and the plight of the homeless.

PUBLIC HEARINGS/GENERAL BUSINESS

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

Mayor Howe opened the Public Hearing at 8:27 p.m.

Ethelita Wallace, Appellant, expressed appreciation that the developer has revised the plans to try and meet neighborhood concerns, but issues still exist with setbacks, height of the end units and the impact on the neighborhood.

Doug Werner, Appellant, thanked the developer for trying to resolve the issues but still has concerns regarding centralized garbage collection, height of the development, privacy, number of units and setbacks.  He displayed pictures of the neighborhood to illustrate the impact.  He requested more time for the developer to make further revisions to the plan.

Scott Ward, of Classic Communities, Applicant, urged the Council to approve the proposed project as revised.  He presented slides of the development highlighting the changes and reviewed the modifications they made to the plan.  He discussed the meetings he attended with neighborhood residents to resolve issues, and the 13 additional conditions of approval:

1.      Wall/Fence height to be 12 feet, composed of pre-cast masonry wall of 10 feet with a 2 foot lattice extension.

2.      Solid waste collection to be individualized for each unit; centralized solid waste collection to be eliminated.

3.       Landscape plan to include 36 inch box redwood trees planted at no less than 8 foot on center along the entire southerly property line (approximately 55 trees of approximately 16 to 18 feet in height when installed).

4.       Dust control program to include periodic clean-up of Bryan Avenue and exteriors of Bryan Avenue homes (i.e., street sweeping of Bryan Avenue and washing of exterior surfaces of Bryan Avenue homes) (not to exceed three clean-ups per home).

5.       Contact information for Construction Superintendent and/or other appropriate contact person, including off-hours contact information, to be provided to Bryan Avenue representative to address potential off-hours on-site issues.

6.       Landscape plan to include secondary trees planted in the three common areas in the southerly portion of the site (approximately 20 trees of approximately 20 to 22 feet in height when installed); trees to be sited so that with future growth they will obstruct potential secondary lines of sight.

7.       Existing north/south fences separating Bryan Avenue lots to be connected by Developer/Contractor to new wall/fence (as described in Item 1 above) located on property line between Bryan Avenue lots and subject property.

8.      Developer/Contractor to replace typical rear yard landscaping required to be removed to accommodate new wall/fence or to compensate owners of affected lots for loss of rear yard landscaping, not to exceed an average of $300 per lot.

9.       No noise generating equipment to operate before or after construction work hours, unless necessitated by site security/insurance requirements, in which case Developer/Contractor to notify Bryan Avenue representative.    

10.  Codes, Covenants and Restrictions (CC&R’s) for project to stipulate that homeowners must park their cars in their garage spaces, that guest parking is reserved exclusively for guests and that recreational vehicles and boats are not allowed to be parked on-site.

11.  Future wall/fence maintenance and replacement to be borne by project Homeowners Association, except for maintenance or replacements needs caused by the acts or omissions of Bryan Avenue owners.

12.  New wall/fence separating subject property from Bryan Avenue lots to be located in the same location as existing wall, which is located on subject property.

13.  Developer/Contractor to abide by construction work hours with respect to delivery of supplies and equipment.

Mo Olson, a member of the public, expressed concerns regarding the height of the development, number of units, and the impact on property values.  She requested that the developer take more time to modify its plan to meet the zoning ordinances.

Christopher Friesen, a member of the public, distributed a packet to the Council, and presented slides of the impact to the neighborhood expressing concern with the height of the development and privacy.  He requested that the development meet the zoning codes.

Robin Schneider, a member of the public, expressed concern regarding the height of the development and setbacks.

Ethelita Wallace, Appellant, expressed concerns about the replacement cost cap of $250 for neighbors, variances from zoning requirements, and requested that the Council consider the impact of the development on the neighborhood.

Doug Werner, Appellant, expressed concerns regarding noise and landscaping costs.  In response to Mayor Howe’s question, he stated he did not approve of the alternate plan but would like more time to work with the developer to resolve issues that have not been addressed.

Scott Ward, Applicant, stated he did not believe property values would decline as a result of the development and that the computer generated slides did not represent an accurate depiction of the development.  He addressed concerns related to the masonry wall, noise, cap on replacement costs, garbage collection, and landscaping.  He urged the Council to approve the plans as modified.

Mayor Howe closed the Public Hearing at 9:30 p.m.

Councilmember Miller moved, and Councilmember Swegles seconded, to approve Alternative 1, to deny appeal and uphold the decision of the Planning Commission by adopting the Negative Declaration and approving the Special Development Permit, and Tentative Map subject to the conditions attached to the RTC subject to revised architectural plans. And, that the Conditions of Approval proposed by staff be modified to include individual trash pick up, a ten foot masonry wall with a two foot lattice top to be installed at the start of the project;  to ask developer to work with the City Arborist and neighbors on a species of fast growing trees, to include the 13 conditions articulated by the developer during his presentation, and to also include a cap of $250 per home for landscape reimbursement cost to be paid by the developer to the homeowners.

Vice Mayor Chu offered a friendly amendment to reimburse homeowners an average cost for the total project of $300 per unit for landscaping. The amendment was accepted.

Mayor Howe offered a friendly amendment to require a special development permit for any future installation of windows to the units facing the south side. Councilmember Miller accepted the amendment and added that this condition be included in the CC&Rs. The amendment was accepted.

The motion carried unanimously with Councilmember Hamilton absent.

Mayor Howe called for a recess at 9:45 pm and reconvened at 9:50 p.m.

Diana O’Dell, Project Planner, assisted by Trudi Ryan, Planning Officer, presented the staff report.

Staff responded to questions posed by the Council regarding safety conditions, parking, landscaping, number of poles, and map of location of poles.

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

Magda Gabali, Appellant, expressed concerns about health risks and safety and opined that these monopoles should not be located in residential areas.  She stated that a petition was distributed to the Planning Commission opposing the monopole.  She further expressed concerns about a seismic event effect on the monopole and the impact on property values.  She requested that the Council deny the location of the monopole.  She responded to questions from the Council regarding safety, health studies, and the location of her property.

Sandra Steele, representing Sprint  PCS, Applicant, stated they are in accordance with the General Plan, the Telecommunications Policy and the Planning Code and will comply with the Conditions of Approval and the public requests brought forward at the Planning Commission meeting.  She distributed, for the record, a petition to the Council supporting the monopole.  She addressed the issues raised about health and safety concerns.  She responded to questions from the Council regarding the petition, the location of the pole, communication with the neighbors and School District regarding the pole location, alternate locations, and the variance.

Frank Garcia, a member of the public, expressed concerns about the radiation generated by the pole, the safety of the pole, and the impact of all the poles in Sunnyvale.  He requested the Council consider an alternate location.

Andrew Chen, a member of the public, expressed concerns regarding the pole location in a residential area, radiation, and impact to property values  He asked that the pole be located in another location.

Sharon Fong, a member of the public, requested the Council deny the application for the monopole and expressed concerns regarding radiation, health and safety, and the impact on property values as well as the visual impact. 

Patrick Dare, speaking on behalf of St. Thomas Church, highlighted the efforts they have made to appease neighborhood concerns and addressed concerns about health and safety, and visual impact of the monopole.

Judi Nickey, a member of the public, expressed concerns about the number of monopoles in Sunnyvale, the impact of the pole on property values and health and safety.

Tingting Li, a member of the public, expressed concerns about radiation, the visual impact, and devaluation of his property.

Harriet Rowe, a member of the public, stated there is a report on the web regarding antennas and the standards for each antenna.  She advocated for a master plan for monopoles in Sunnyvale.

Patrick Keating, a member of the public, expressed concerns about zoning for monopoles in residential areas and urged the Council to investigate if there is day care at the churches where monopoles are located.

Edgar and Frances Chung, members of the public, expressed concerns that there are no long term studies done on the health effects of monopoles, and the impact on property values.

Mike (name eligible), a member of the public, expressed concerns regarding commercialism in Sunnyvale and asked that the monopole be reconsidered.

Magda Gabali, Appellant, advocated for monopoles to be located in commercial areas and requested that the Council listen to the neighborhood concerns and deny the request and develop a master plan for monopoles.

Sandra Steele, Applicant, responded to concerns raised about the location of the monopole, noise, and property values.  She addressed the necessity for Sprint to provide reliable service to their customers.

Mayor Howe closed the Public Hearing at 11:05 p.m.

Councilmember Swegles moved, and Councilmember Fowler seconded, to approve Alternative 1, to adopt the negative declaration and deny the appeal and uphold the decision of the Planning Commission to approve the Use Permit and deny the Variance with attached conditions.

Councilmember Miller offered to sponsor a study issue to develop a telecommunications policy and update the telecommunications site map.

The motion failed with Councilmembers Miller, Lee, and Mayor Howe dissenting and Council Member Hamilton absent.

Councilmember Lee moved, Councilmember Miller seconded, to approve the appeal and deny the project. The motion failed with Councilmembers Fowler, Swegles and Vice Mayor Chu dissenting and Council Member Hamilton absent.

Mayor Howe moved, and Councilmember Miller seconded, to continue this matter until Councilmember Hamilton returns from maternity leave on January 25, 2005.  The motion carried with Councilmember Fowler dissenting and Councilmember Hamilton absent.

At this time, Mayor Howe changed the order of the agenda to address item 6 at this time.

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

Staff responded to questions posed by the Council regarding the staff recommendation and the scope of the fiscal impact.

Mayor Howe opened the Public Hearing at 11:31 p.m.

Sherman Kwek, Applicant, gave a background of the companies involved in the project, the history of the Four Points Sheraton Hotel, and stated they will upgrade the quality of the hotel and generate more tax revenue.  He stated they have received positive feedback from the citizens and the City. 

Gary Lin, with Four Points Sheraton Hotel, stated there are approximately 25 members of the Oakmead Association that were advised of the project and they received positive feedback. 

Harriet Rowe, a member of the public, advocated for a community room in the development.

Sherman Kwek, Applicant, urged the Council to approve the General Plan Amendment Study.

Mayor Howe closed the Public Hearing at 11:44 p.m.

Councilmember Lee moved, and Councilmember Swegles seconded, to approve Alternative 1, to authorize the initiation of the General Plan Amendment Study for the subject site from Industrial (IND) to Lakeside Specific Plan (SP).

Mayor Howe offered a friendly amendment to direct staff to extend its outreach to the Oakmead Association referenced by Mr. Lin in his presentation earlier, the Residence Inn, and the properties directly contingent to the subject property. The amendment was accepted.

Mayor Howe offered a friendly amendment to include in the general plan amendment study an estimation of a transit occupancy tax, property tax and sales tax generation for a ten-year period. The amendment was accepted.

The motion carried unanimously with Councilmember Hamilton absent.

Annabel Yurutucu, Housing Officer, presented the staff report.

Staff responded to questions posed by the Council regarding fiscal impact of a funding increase to Leadership Sunnyvale, the recommendations of the Housing and Human Services Commission, and the format of the report.

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

Nancy Smith, Chair of the Housing and Human Services Commission, stated they ranked the areas that they felt were important and discussed the agencies in the order they were ranked.  She stated the Commission was conscientious in their decision making process.  She responded to questions regarding the Euphrat Museum of Art After School Art funding, the ranking process, and the population served by some of the agencies.

Nancy Tivol, Sunnyvale Community Services, requested additional funding for the Community Christmas Center.

Elaine Curran, President of Junior Achievement Silicon Valley and Monterey Bay, thanked the Council for their support.

Margaret Lawson, Chair of the Board of Leadership Sunnyvale, requested that the Council increase funding to $7500.  She outlined her outreach for cultural diversity.

Harriet Rowe, a member of the public, stated she would like to see the Leadership Sunnyvale funds maintained for scholarships and requested to keep the enrollment fees low for Leadership Sunnyvale.

Yolanda Risch, a member of the public, advocated for increased funding for the Sunnyvale Community Center Holiday Center Services.

Mayor Howe closed the Public Hearing at 12:16 a.m.

Councilmember Lee moved to approve Alternative 1, to adopt staff funding recommendations and approve Budget Modification No. 13 as presented in the report, including Leadership Sunnyvale at $5000, and increase funding for Sunnyvale Community Holiday Center Services to $20,000. Councilmember Miller seconded with a friendly amendment to increase funding for Leadership Sunnyvale to $7,000. The amendment was accepted.

Vice Mayor Chu offered a friendly amendment that the increase of $2000 to Leadership Sunnyvale be used for scholarships. The amendment was accepted.

The motion carried unanimously with Councilmember Hamilton absent.

Mayor Howe moved, Councilmember Lee seconded, to reconsider action taken on 10/19/04 regarding the elimination of Sc[i]3. The motion carried unanimously with Councilmember Hamilton absent.

Mayor Howe opened the Public Hearing at 11:15 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Lee moved, and Councilmember Swegles seconded, to continue reconsideration of this item to November 9, 2004 and list it as the second item on the agenda. The motion carried unanimously with Councilmember Hamilton absent.

Mayor Howe directed the City Clerk to notify the persons who requested to speak tonight on this item in writing that the meeting has been continued to November 9, 2004.

NON-AGENDA ITEMS & COMMENTS

COUNCIL

Councilmember Miller noted a correction to the Study Session minutes of October 19, 2004, regarding the downtown improvement project that was forwarded to staff.

Vice Mayor Chu requested an expansion to the study issue presented by Councilmember Miller regarding a telecommunications policy and map update to include telecommunication sites on public property such as parks.  Councilmember Miller accepted.

STAFF

There were no comments.

ADJOURNMENT

Mayor Howe declared the meeting adjourned at 12:25 a.m.

Respectfully submitted,

Susan Ramos, City Clerk