The City Council of the City of Sunnyvale adjourned from a 6:00 p.m. Closed Session pertaining to Comcast Franchise Renewal 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 Anthony Spitaleri

Councilmember Christopher Moylan

ABSENT:

None

STAFF PRESENT:

Amy Chan, City Manager

Robert Walker, Assistant City Manager

Joan Borger, Acting City Attorney

Robert Paternoster, Director of Community Development

Trudi Ryan, Planning Officer

Shawn Hernandez, Director of Information Technology

Marilyn Crane, Manager of Information Technology Services

Marvin Rose, Director of Public Works

Jim Craig, Superintendent of Field Services

Katherine Bradshaw Chappelear, City Clerk

Vice Mayor Lee reported that the City Council met earlier this evening in Closed Session related to Conference with Property Negotiator – Comcast Franchise Renewal – pursuant to Government Code 54956.8 -- City Negotiator: City Manager.  Direction was given, but no action taken.

None.

Mayor Swegles opened the Public Hearing for the Consent Calendar. 

No one in the audience wished to speak and Mayor Swegles closed the Public Hearing.

Vice Mayor Lee moved and Councilmember Howe seconded to approve the consent calendar.

The motion carried 7-0.

1.A.

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

Council approved as submitted.

1.B.

RTC  05-388

List of Claims and Bills Approved for Payment by the City Manager (List No. 277)

Council approved as submitted.

1.C.

RTC  05-370

Moffett Flight Path Clearance – Street Tree Encroachment Pruning and Budget Modification No. 15

Council approved Alternative No. 1:  Approve Budget Modification No. 15 as outlined in the report.

1.D.

RTC   05-384

Award of Contract to Design Pedestrian and Bicycle Circulation Improvements in the Tasman/Fair Oaks Area (F0511-35)

Council approved as submitted.

1.E.

RTC   05-386

Authorization to Increase Expenditures under an Existing Contract for the Removal of Existing Tree Stumps and the Installation of New and Replacement Trees (F0512-37)

Council approved as submitted.

1.F.

RTC  05-352

Increase Grant Limit from $5,000 to $6,500 for the Home Access Program for Installation of New Hydraulic Lifts

Council approved Alternative No. 1:  Increase the maximum Home Access Grant limit from $5,000 to $6,500.

2.

RTC 05-380

Appeal of a decision of the Heritage Preservation Commission for an Application on a 25,000 square foot site located at 1029 Renere Court in an R-O (Low-Density Residential) Zoning District

Trudi Ryan, Planning Officer, presented the staff report.

Councilmember Moylan asked Planning Officer Ryan about any implications with the ability for the appellant to divide the property.

Planning Officer Ryan stated that dividing the property would be independent of the decision on the status of the structures.  She also stated that any alteration on the significant structure (which has been declared significant by the Heritage Preservation Commission) would require an Environmental Impact Report (EIR) before demolition or alteration could occur.

Mayor Swegles opened the Public Hearing at 7:25 p.m.

Edwin O’Farriell, a representative for the Appellant, spoke about the Appellant’s reasons for the appeal.

Vice Mayor Lee asked what the intentions of the Appellant were regarding this property.

Mr. O’Farriell stated that the Appellant wishes to sub-divide the property into two lots with one lot for the Appellant’s new home.

Councilmember Hamilton asked Mr. O’Farriell why the Appellant wanted to pursue an appeal if they do not wish to tear down the historical home.

Mr. O’Farriell stated that if the home is designated historical it could affect the ability to sell the home in the future and therefore, the appellant would like the home taken off the historical list.

Councilmember Hamilton asked Mr. O’Farriell about the property value of the land if the house were taken off the list.

Mr. O’Farriell stated that if it were off the list it could be more desirable to a developer or potential future buyer.

Mike Skidmore spoke in favor of the Historical Preservation Committee’s decision and stated that the entire property should be kept historical.

Maxine Freeborn, daughter of Mr. & Mrs. Caviglia (the original owners of the home and ranch), spoke in favor of keeping the home on the Historical Preservation List of historical homes.

Herb Morioka, Philip Merritt, Don Baer, and Sueann Snow, each spoke in favor of keeping the home on the Historical Preservation List of historical homes.

Gary DosSantos and John McGuire spoke from the audience to Mayor Swegles that they are in agreement with the previous speakers and did not need to speak further.

Robert Freeborn Sr. made a visual presentation to the Council of the history of the home and its appearance.

Appellant Representative O’Farriell made closing statements in favor of removing the home from the historical list.

Mayor Swegles closed the Public Hearing at 8:03 p.m.

Councilmember Moylan asked staff what resources exist for a property owner of a historical home to help with the upkeep and repairs to maintain the home.

Planning Officer Ryan stated that if the home were declared a landmark, the property owner would receive consideration on their property taxes for the cost of maintaining the home (within heritage preservation guidelines that constitute good condition).  She stated that this home is not currently a landmark and would require a status change to a higher level if the new property owner wanted to consider that option.  Planning Officer Ryan stated that significant alterations to the property would require an EIR, but that something such as an addition within the heritage guidelines may not require an EIR.

Councilmember Hamilton moved and Vice Mayor Lee seconded to approve staff recommendation Alternative No. 1: Uphold the Heritage Preservation Commission determination that the single-family home has local historic significance.

Motion carried 7-0.

Mayor Swegles called a recess at 8:10 p.m. and reconvened at 8:20 p.m.

3.

RTC 05-371

Appeal of a decision of the Planning Commission with a condition for 3-year limit for an Adult Day Heath Care facility for a site located at 1197 East Arques Avenue (near Lawrence Expressway) in an M-S (Industrial and Service) Zoning District.

Planning Officer Ryan presented the staff report.

Councilmember Chu asked Planning Officer Ryan if this application had been received as a new facility after the moratorium passed, would it have qualified as a place of assembly.

Planning Officer Ryan stated that staff originally accepted the application under provisions in the code for medical uses, but found it to be more similar to places of assembly since it did not have medical offices.  She stated that had the application come in after the moratorium, staff would have had to deny the application.

Councilmember Hamilton confirmed with Planning Officer Ryan that the original use permit for this facility would continue to stay in effect for the 90 participants due to no expiration for the original permit.

Mayor Swegles clarified with Planning Officer Ryan that the appellant has requested to increase the number of participants, not the square footage of the space and that this would be accomplished by increasing operating hours to allow for more participants each day.

Manooch Pouransari, the appellant, presented his reasons for the appeal.  He stated the three-year limit would jeopardize their growth possibilities and he requested Council remove this limit.

Mayor Swegles opened the Public Hearing at 8:26 p.m.

No one in the audience wished to speak and Mayor Swegles closed the Public Hearing at 8:30 p.m.

Mr. Pouransari made final comments and stated that his organization is similar to the medical offices around them which do not have time limits on their use.

Councilmember Spitaleri asked for clarification on the staff recommendation for a three-year limit.

Planning Officer Ryan stated that the three-year limitation was recommended by staff and approved by the Planning Commission in order to allow for the non-industrial expansion of this facility, and to allow time for a sufficient City policy to be developed with proper evaluation of the long-term benefit or impact of allowing non-industrial uses.

Councilmember Hamilton moved and Mayor Swegles seconded to approve Alternative No. 2:  Grant the appeal, which would approve the Use Permit and eliminate the three-year limitation condition of approval.

Councilmember Moylan spoke against the motion stating that the lack of a three-year limitation put a constraint on the City’s ability to plan for the industrial zone.

Mayor Swegles spoke in favor of the motion and stated that this area is not industrial but medical in nature.

Councilmember Howe spoke against the motion.

Motion failed 2-5 with Councilmembers Spitaleri, Howe, Vice Mayor Lee, Councilmembers Chu and Moylan dissenting.

Councilmember Chu made a motion and Councilmember Howe seconded to approve Alternative No. 1:  Deny the appeal, which would approve the Use Permit with the condition of approval for the three-year limitation on the expanded use, as recommended by the Planning Commission.

Councilmember Chu added the following condition to the motion:  After the decision on industrial uses has been decided by the City, the applicant could reapply to have the time limit removed (without fee) within six months from the City’s industrial use policy setting.

Motion carried 7-0.

4.

RTC 05-383

Request by KB Homes South Bay Inc. to initiate a General Plan Amendment Study to change the land use designation for 690- East Arques Avenue from Industrial to Medium Density Residential

Planning Officer Ryan presented the staff report and stated that consistent with City Code, only City Council can initiate a study to change the General Plan.

Community Development Director Bob Paternoster stated that approval of this item would only initiate a study and does commit staff, Planning Commission or City Council to approve any General Plan amendment or zoning changes.

Councilmember Howe confirmed with Planning Officer Ryan that it would be approximately three months before this would come back to the Council if they approved this study.

Mayor Swegles opened the Public Hearing at 8:47 p.m.

Tom Sweeney, Director of Land Acquisition for KB Homes, spoke about their project as medium density (incorporate smaller units as stacked flats along with townhomes).

Mayor Swegles emphasized to Mr. Sweeney that the vote tonight is only whether or not to initiate a study.

No one else wished to speak and Mayor Swegles closed the public hearing at

8:51 p.m.

Councilmember Chu made a motion and Councilmember Howe seconded to approve Alternative No. 1:  Authorize the initiation of a General Plan Amendment study for a range of Residential densities form Medium to High.

Motion carried 7-0.

5.

RTC 05-390

Wireless Services in the Downtown Area (Study Issue)

Marilyn Crane, Manager of Information Technology, presented the staff report.

Mayor Swegles opened the Public Hearing at 8:57 p.m.

No one in the audience wished to speak and Mayor Swegles closed the Public Hearing at 8:58 p.m.

Councilmember Howe asked staff to clarify if the wireless service downtown would be an exclusive use for a provider.  Manager Crane stated it would be non-exclusive use.

Vice Mayor Lee stated that MetroFi recently initiated wireless service in targeted areas of Sunnyvale and he asked if staff had received any public comments about the service.

Director Hernandez stated that he has lives in one of the targeted areas and found the service to be very good and comparable to a DSL line.

Councilmember Hamilton made a motion and Councilmember Spitaleri seconded to approve Alternative No. 1:  Direct staff to work with MetroFi to provide free wi-fi services in the downtown area.

Councilmember Hamilton added the following condition to the motion:  Staff continues to work with Wireless Silicon Valley Task Force and presents the results to Council when appropriate.  Director Hernandez confirmed that staff will continue working with the Wireless Silicon Valley Task Force.

Councilmember Moylan stated that he supports the motion but that wireless is not a long-term substitute for fiber for business-related uses.

Councilmember Hamilton stated that she sponsored this study to bring people downtown and allow them to do business downtown as a convenience.

Motion carried 7-0.

6.

RTC 05-389

Request Approval to Amend the FY 2005/2006 Action Plan and Approval of Budget Modification No. 13 to Appropriate Funds from Two Existing Community Development Block Grant Capital Project to the Upper Borregas Sewer Repair Project

Director Paternoster gave a brief introduction about this request to Council.

Field Services Superintendent, Jim Craig presented the staff report.

Mayor Swegles opened the Public Hearing at 9:07 p.m.

No one wished to speak and Mayor Swegles closed the Public Hearing at 9:08 p.m.

Councilmember Howe moved and Councilmember Moylan seconded to approve Alternative No. 1: Approve an amendment to the FY 2005/2006 Action Plan and Budget Modification No. 13 to de-fund two CDBG-funded capital projects, and re-appropriate $526,990 from those projects plus an additional $523,010 from the Wastewater Management Fund Rate Stabilization Reserve to a new infrastructure project entitled Upper Borregas Sewer Repair Project.

Motion carried 7-0.

7.

RTC 05-387

Approval of 2005 Urban Water Management Plan (UWMP) Update and Adoption of Resolution

Superintendent, Jim Craig presented the staff report.

Mayor Swegles opened the Public Hearing at 9:14 p.m.

No one in the audience wished to speak and Mayor Swegles closed the Public Hearing at 9:15 p.m.

Councilmember Howe moved and Councilmember Chu seconded to approve Alternative No. 1:  City Council adopts the attached Resolution approving the 2005 Urban Water Management Plan as presented, and directs staff to forward the UWMP to the California State Department of Water Resources.

Motion carried 7-0.

COUNCIL:

Councilmember Howe stated that he has been in contact with the residents that live near BestBuy/PetSmart retail stores and asked them for a history of the interaction between adjacent residents, BestBuy and the City.  Councilmember Howe asked Mayor Swegles to add this item to an upcoming Council meeting agenda in January 2006.  He stated he would like to discuss the correspondence he received and possible steps the Council could take per the comments received.

Councilmember Chu asked that the tentative Budget Restructure Review scheduled for Saturday, February 25, 2006 be re-scheduled to avoid the week in which President’s Day is celebrated.  City Manager Chan confirmed she will locate another date and follow-up with Councilmembers.

Mayor Swegles stated that at the December 17, 2006 Council workshop he appointed a committee to look at the review process of the City Manager and City Attorney.  He stated that the Chair of the Committee will be Councilmember Chu along with Councilmembers Hamilton and Moylan.

STAFF:

City Manager wished Councilmembers a Merry Christmas and Happy New Year and stated the next Council meeting will be on January 10, 2006.

Acting City Attorney, Joan Borger, stated that City Attorney, David Kahn, will resume attending Council Meetings as of January 10, 2006.

•  Tentative Council Agenda Calendar

•  Draft Minutes of the Arts Commission Meeting of November 29 2005

•  Draft Minutes of the Board of Library Trustees Meeting of December 5, 2005