The City Council of the City of Sunnyvale adjourned from a 5:00 p.m. Special Meeting – Study Session regarding Revisions to Legislative Policy and Staff-Council Contact/Communications and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:00 p.m., with Mayor Swegles presiding.

PRESENT:

Mayor Ron Swegles

Vice Mayor Otto Lee

Councilmember John Howe

Councilmember Dean J. Chu

Councilmember Melinda Hamilton

Councilmember Christopher Moylan

Councilmember Anthony Spitaleri

ABSENT:

None

STAFF PRESENT:

Amy Chan, City Manager

Robert Walker, Assistant City Manager

Joan Borger, Acting City Attorney

Robert Paternoster, Director of Community Development

Mary Bradley, Director of Finance

Marvin Rose, Director of Public Works

Trudi Ryan, Planning Officer

Connie Verceles, Business Development Manager

Curtis Black, Superintendent of Parks

Scott Morton, Parks Supervisor

Andrew Miner, Principal Planner

Katherine Bradshaw Chappelear, City Clerk

•   Councilmember Hamilton thanked those involved and those who attended the Sunnyvale Downtown Association’s Tree Lighting Ceremony.

•   The Chair for the American Cancer Society’s 2006 Relay for Life, Jackie Besoyan announced that will be an informational meeting on Thursday, December 15 from 6 p.m. to 7 p.m. at the Sunnyvale Community Center.  She invited Councilmembers and the community to attend the meeting and participate in the Relay which is tentatively scheduled for July 8 and 9, 2006.

·         Diana Argabrite, Arts and Schools Director for the Euphrate Museum of Art at DeAnza College, invited Councilmembers and the community to a ribbon cutting ceremony for a collaborative Mural at Brawley Elementary School.  The dedication ceremony will take place on Friday, December 16 at 10 a.m. in front of the multi-purpose room at the school.  The mural is entitled, “Endless Space, Boundless Knowledge”. 

Ms. Argabrite also invited Councilmember and the community to visit the children’s section of the Sunnyvale Library to view artwork from the Euphrate Museum Arts and Schools Program.  She stated the art show will be up through mid-January.

·         Mayor Swegles announced that programming will resume on Channel 26, which is Sunnyvale’s Public Access Channel and Channel 26 is only available on Comcast Cable Television.  KSUN, Channel 15 will continue to broadcast City Council Meetings, Planning Commission Meetings, plus additional public information meetings.

·         Mayor Swegles acknowledged Able Cable Productions for winning the Western Area Video Excellence Award (Wave) for Best Show Intended for a Special Audience with their program, On the Move - Drive around the world for Parkinson’s.  Able Cable programming is available on Channel 26.

Councilmember Howe asked that items 1.F. and 1.G. be removed from the Consent Calendar.

Councilmember Hamilton asked that items 1.A., 1.J. and 1.K. be removed from the Consent Calendar.

Vice Mayor Lee moved and seconded by Councilmember Howe to approve the Consent Calendar with the exception of items 1.A., 1.F., 1.G., 1.J., and 1.K.

Motion carried 7-0.

1.A.

Approval of Minutes of Regular Meeting of November 22, 2005

Councilmember Hamilton indicated she will abstain from voting on this item since she was not in attendance at the November 22, 2005 Council Meeting. 

Councilmembers Moylan and Spitaleri each indicated that they would be abstaining from voting on these items since they were not on the Council as of the November 22, 2005 meeting.

Mayor Swegles opened the matter for public comment.  No one in the audience wished to speak and Mayor Swegles closed the matter to public comment.

Moved by Councilmember Howe and seconded by Councilmember Chu that the Minutes from the Regular Council Meeting of November 22, 2005 be approved.

Motion carried 4-3 with Hamilton, Moylan and Spitaleri abstaining.

1.B.

Approval of Minutes of Regular Meeting of November 29, 2005.

Council approved as submitted.

1.C.

Approval of Information/Action Items – Council Directions to Staff.

Council approved as submitted.

1.D.

RTC  05-376

List of Claims and Bills Approved for Payment by the City Manager (List No. 275 & 276)

Council approved as submitted.

1.E.

RTC  05-375

Transmittal of Facilities Management Program Results Audit FY 2003/20004

Council approved as submitted.

1.F.

RTC  05-374

FY 2004/2005 Budgetary Year-End Financial Report and Comprehensive Annual Financial Report

Councilmember Howe asked Mary Bradley, Director of Finance about how much the City saved versus the budget for FY 2004/2005.  Finance Director Bradley stated that the operating savings were 2.8 million dollars and that the City had anticipated 1.5 million of that total savings.   

Councilmember Howe asked about the increased revenues received for FY 2004/2005.  Finance Director stated that it was approximately 5 million dollars.

Councilmember Howe congratulated the City Manager Amy Chan and staff for an excellent job of savings for FY 2004/2005.

Mayor Swegles opened the matter for public comment.  No one in the audience wished to speak and Mayor Swegles closed the matter to public comment.

Moved by Councilmember Howe and seconded by Councilmember Hamilton that the FY 2004/2005 Budgetary Year-End Financial Report and Comprehensive Annual Financial Report be approved.

Motion carried 7-0.

1.G.

RTC   05-367

Award of Contract for an Energy Use Audit of the Water Pollution Control Plan Heat Loop (F0405-65)

Councilmember Howe asked Finance Director what was the costing on other bids received.  Finance Director Bradley stated that they received proposals instead of bids for engineering design services.  Design services follow a different path than a formal bid by which the firms involved describe their qualifications and experience related to a specified project.  Staff sets criteria from which they select the most qualified firm and then begin price negotiations with that firm.  This process of selecting the most qualified firm is called out in the California Government Code, Section 4525.

Finance Director Bradley confirmed that three proposals were received.

Marvin Rose, Director of Public Works, stated that the bids from design firms come in a separate sealed envelope and are opened if the firm is selected.  Bids are returned to those not selected.

Finance Director Bradley confirmed that staff did look at the bids and that the one selected was similar to one other with the third bid being considerably higher.

Mayor Swegles opened the matter for public comment.  No one in the audience wished to speak and Mayor Swegles closed the matter to public comment.

Moved by Councilmember Howe and seconded by Councilmember Moylan to approve as submitted.

Motion carried 7-0.

1.H.

RTC   05-346

Second Amendment to Agreement between City of Sunnyvale and Santa Clara Unified School District of June 14, 1995 – to allow for Free School District Use of Picnic Areas in Sunnyvale Parks and authorizes the City Manager to enter into said Agreement

Council approved as submitted.

1.I.

RTC  05-347

Third Amendment to Agreement between City of Sunnyvale and Cupertino Union School District, and Cupertino Schools Public Facilities Financing Corporation of May 16, 1989 – to allow for Free School District Use of Picnic Areas in Sunnyvale Parks

Council approved as submitted.

1.J.

RTC  05- 360

Annual Review – Code of Ethics

Councilmember Hamilton stated she pulled this item to allow for a public hearing. 

Mayor Swegles opened the matter for public comment.  No one in the audience wished to speak and Mayor Swegles closed the matter to public comment.

Moved by Councilmember Hamilton and seconded by Councilmember Chu to approve as submitted.

Motion carried 7-0.

1.K.

RTC  05- 361

Annual Review – Code of Conduct for Elected Officials

Councilmember Hamilton stated she pulled this item to allow for a public hearing. 

Mayor Swegles opened the matter for public comment.  Thomas Mayer spoke in favor of the Code of Conduct and suggested that copies be given to all Board & Commission members, any candidate running for office, and a copy sent to the Sunnyvale Sun Newspaper.

No one else in the audience wished to speak and Mayor Swegles closed the matter to public comment.

Moved by Councilmember Hamilton and seconded by Councilmember Chu to approve as submitted.

Motion carried 7-0.

1.L.

RTC  05- 378

Adoption of a Resolution in Support of Water Resources Protection Collaborative

Council approved as submitted.

1.M.

RTC  05- 369

Annual Membership Dues for Intergovernmental Association

Council approved as submitted.

1.N.

RTC  05- 377

Recommendation to Sunnyvale City Council to Approve Temporary City Council Assignment to NOVA Workforce Board Nominating Committee

Council approved as submitted.

1.O.

RTC  05- 365

Approval of Final Map (Tract No. 9677) – Britton Place – Forty-Seven Townhomes by Toll Brothers

Council approved as submitted.

1.P.

RTC  05- 368

Approval of final Map (Tract No. 9721) – Sixty-unit Residential Condominiums by Teresi Investments

Council approved as submitted.

2.

RTC 05-359

Annual Public Hearing – Potential Council Study Issues for Calendar Year 2006

City Clerk, Katherine Bradshaw Chappelear presented the staff report.

Mayor Swegles opened the Pubic Hearing at 7:35 p.m.

Jerilyn Strong expressed her concerns about the PetSmart/Best Buy project and urged Council to give this study issue top priority.  Councilmember Howe clarified with Ms. Strong that the study issue she was speaking about was indeed Public Works Study Issue #57.  Ms. Strong confirmed that was correct.

Kathy Blaschlee expressed her concerns about the PetSmart/Best Buy project and urged Council to give this study issue top priority.

Patrick Meyering expressed a desire to have Council study enhancing the effectiveness of campaign ethics and increasing public awareness of ethics guidelines.

Councilmember Hamilton stated that she would like to have this issue added to the Potential Study Issue for discussion at the Thursday, December 15 Study Issues
Workshop.  Councilmember Chu stated that he would Co-sponsor this issue as well.

Councilmember Moylan stated that this could be added to Office of the City Attorney, #2 (OCA-2) already on the docket.

Councilmember Hamilton stated she prefers that this stand alone as a separate study issue.

Karyn Mackie stated her concerns with the PetSmart/Best Buy project.  She stated problems with sign lighting, parking lot lighting and nosey leaf blowers.  She stated she would like the leaf blower ordinance to be amended to included leaf blowers mounted on trucks and to create a lighting ordinance.

Devon Mackie gave a presentation regarding the lighting concerns with PetSmart/Best Buy project. 

Councilmember Hamilton asked staff for clarification on height of light poles on the plan for the parking lot and stated she would like to have the leaf blower issue added to the study issues.

City Manager Chan stated she will investigate on whether this would be an operational issue and if so will follow up with the citizen.  If this is not an operational issue, she will have it added to the study issue list for consideration on Thursday, December 15.

Magda Gabali stated she would like the Council to make telecommunication towers and their placement a study issue.  Councilmember Moylan asked for clarification on Ms. Gabali’s request. 

Ms. Gabali stated she is asking Council to place a moratorium on the placement of telecommunication towers until development of a City plan is in place.  She asked that this item be added to the study issues.

Peter Manca made a visual presentation regarding his concerns about future development along El Camino.  He stated that he wished Council to study this issue.

Kevin Jackson, Bicycle, Pedestrian Advisory Committee (BPAC) member, stated his support for the study issues brought forth and ranked by BPAC.

Nancy McDonough, Sunnyvale representative to the Advisory Council to the Council on Aging, spoke in favor of funding for case management.

Micky Falk spoke in favor of funding for case management.  Ms. Falk explained the benefits of a case manager for senior citizens and stated that they are a type of social worker for the elderly.

Councilmember Hamilton asked for clarification from staff if case management would be a study issue or for the budget process.   City Manager Chan stated that this would be more of a budget issue rather than a study issue.

Ray Strong expressed his concern over El Camino Real future development and urged Council to make this item a priority study issue.

Robert Locke, Vice Chair of the Parks and Recreation Commission, spoke in reference to the Parks and Recreations Commission’s ranking of the study issues that will be considered on Thursday, December 15.

Richard Winslow, Mark Landes and Loran Coupet each spoke in support of the study issue which addresses the removal of the ban on auto repair by residents.

Jim Griffith, Chair of the Board of Library Trustees, spoke in support of the two Library study issues.

Mei-Ling Stefan spoke in favor of the study issue addressing consideration of establishing a Council policy regarding Commercial use of parks, open space and recreation facilities owned by the City.  Ms. Stefan further stated that she would like the Council to specifically study issues with telecom at these locations.

Harriet Rowe spoke in favor of the tree removal study issue.

Raymond Pole requested that Council consider a special study issue for a separate senior commission to report only to the Council which would address all the needs of the seniors within the City of Sunnyvale and relieve the Parks and Recreation Commission of this responsibility. 

Mr. Pole asked Council to study the request for funding of a case manager to discern the needs of any Sunnyvale citizen requiring help and resources.  Mayor Swegles asked Mr. Pole if he could supply the anticipated costs to the City Manager for this service and Mr. Pole agreed that he would do so.

Councilmember Chu requested clarification from Mr. Pole on the potential study issue entitled “Care Calling for Seniors”.  Mr. Pole stated that is the respite and care service.

Jacqueline Sell, a member of the Child Care Advisory Committee, spoke in support of the committees study issue proposals. 

Patrick Grant wished to thank staff and Council for all the volunteer hours they contribute to the City.  Mr. Grant spoke in favor of the Steven’s Creek Trail study issue.

Judi Nickey and Sharon Fong each spoke in favor of the cell tower study issue and urged Council to make it a top priority.

Karen Goss, a case manager within the City of Cupertino, spoke in favor of having a case manager at the Senior Center.

Barbara Bullis spoke in favor of studying a Case Manager for seniors.

Werner Gans spoke in favor of three study issues for Council’s priority: election reform; establishing an architectural advisory board; and the tree removal ordinance.

Councilmember Howe confirmed that the Architectural Advisory Board is a study issue being considered.

Suzanne Dieck stated that she wished Council to study the repeal of Ordinance #2736-03 which addresses large vehicle parking in front of homes.  Councilmember Hamilton requested further clarification on the ordinance guidelines when staff follows up on this issue. 

Thomas Mayer, Chair of Bicycle, Pedestrian Advisory Committee (BPAC), spoke in favor of the Plan Line Study to Accommodate Bicyclists and Pedestrian brought forth by BPAC.

Wallace Harper, Vice Chair of the Arts Commission, spoke in favor of study issue to explore feasibility of a memorial for Sunnyvale citizens and employees. Mayor Swegles stated that this study issue item will be addressed later in the meeting.

No one else in the audience wished to speak and Mayor Swegles closed the public hearing at 9:05 p.m.

Mayor Swegles called for a recess at 9:09 p.m.

Mayor Swegles reconvened the meeting at 9:19 p.m.

3.

RTC 05-372

MV Development Located at 965 East Arques Avenue (near DeGuigne Drive) in an M-S (Industrial & Service) Zoning District (continued from November 22, 2005 City Council Meeting)

Planning Officer, Trudi Ryan presented the staff report.

Councilmember Howe stated he received an email from a representative of the applicant in addition to a letter from Applied Materials asking Council to deny the appeal.

Councilmember Hamilton stated she also received an email from a representative of the applicant in addition to a letter from Applied Materials asking Council to deny the appeal.

Councilmember Chu stated that he also received and email from a representative of the applicant, a letter from Applied Materials asking Council to deny the appeal and a phone call from the Sunnyvale Chamber of Commerce stating their opposition to the appeal.

Mayor Swegles opened the public hearing at 9:29 p.m.

Guy Denues, the project architect, spoke in favor of allowing the project at the proposed location.  Mr. Denues made a presentation of the existing buildings around this proposed project.

Richard Abdalah, attorney for the applicant, stated that he was unable to find the thousand foot sensitive receptors ruling in any legal document or municipal code.

Councilmember Moylan asked Mr. Denues if there was any new information since the Planning Commission denial of this project and Mr. Denues stated there was not. 

Councilmember Hamilton asked Mr. Denues what other type of activities are currently occurring at the church’s present location in Willow Glen. 

Mr. Denues stated that the church shares the location with another congregation.

Ruby Chung spoke in favor of the appeal to allow the proposed church at this location.

Councilmember Hamilton asked Ms. Chung if they anticipate any other activities other than those mentioned.  Ms. Chung stated that they hold a Wednesday prayer meeting, a Friday fellowship meeting, Saturday fellowship meeting and Sunday service.

Harriet Rowe stated her opposition to the project and indicated she would like to see the zoning remain industrial.

Werner Gans spoke in favor of the appeal to allow the proposed church at this location.<