PRESENT:	Mayor Dean J. Chu Vice Mayor Ron Swegles Councilmember Fred Fowler Councilmember Julia Miller Councilmember John Howe Councilmember Melinda Hamilton Councilmember Otto Lee
Staff Present:	Amy Chan, City Manager Joan Borger, Interim City Attorney Robert Paternoster, Director of Community Development Trudi Ryan, Planning Officer Gerri Caruso, Principal Planner Andrew Miner, Associate Planner Jamie McLeod, Associate Planner Mary Bradley, Finance Director Susan Ramos, City Clerk

PUBLIC ANNOUNCEMENTS

Council Member Hamilton made the following announcements on behalf of the Council:

• The City in partnership with the Foundation for Global Community will host the “Grow Your Own” organic gardening conference on Saturday, February 19 from 8:30 a.m. to 3:30 p.m. at the Sunnyvale Community Center at 550 East Remington Drive. For more information call (650) 328-7756 X629 or to register log on to www.globalcommunity.org/gyo.
• The Department of Public Safety’s newly expanded VIPS (Volunteers in Public Safety) is currently seeking volunteers. For more information call the Volunteer Resources office at (408) 730-7533 or by email at volunteerresources@ci.sunnyvale.ca.us.

CONSENT CALENDAR

Council member Miller moved, and Council memberHamilton seconded to approve the Consent Calendar as presented. Motion carried unanimously.

Fiscal Items

Contracts

Other Items

PUBLIC HEARINGS/GENERAL BUSINESS

2.

RTC 05-048

General Plan Amendment Initiation Study From Mobile Home Residential to a Maximum Density of Medium Density Residential at 610 Alberta Avenue

Gerri Caruso, Principal Planner, presented the staff report and noted that a petition by the mobile home residents and an informational packet from Catholic Charities were submitted and copies placed on the Council dais. Staff responded to Council questions regarding zoning and potential impacts, number of units, scope of proposed study, the city’s conversion ordinance, displacement procedures, other options and alternatives.

Vice Mayor Swegles clarified that one of the principals in this applicatoin had a working relationship with his firm, however, it did not directly involve him.

Mayor Chu opened the public hearing at 7:14 p.m.

Jeff Jacobs, Centex Homes, noted the applicant does not have a proposed project or drawings in place and clarified the purpose of this item. He advised that the developer held two informational meetings with the residents for comments. He deferred to Catholic Charities to provide information about their relocation program and services. He responded to Council questions regarding options and alternatives, impacts to renters and tenants, and to the conversion ordinance.

Gloria Ortega, Catholic Charities, provided an overview about their mission, goals and objectives and in particular their relocation programs and services. She responded to Council questions regarding communicating with the renters, cost of rent, relocation program guidelines, the appraisal process, and the conversion impact report.

Dee Keys, a member of the public, expressed opposition orally and in writing. She asked that consideration be placed on putting in manufactured homes. She responded to Council questions and referenced to a similar situation in Los Gatos where manufactured housing was supplemented for a rezone.

Mary Ann Gorski, a member of the public, expressed confidence in Council making the right decision based on comments received at last night’s meeting and that the letter of the law will be adhered to by the mobile home park owners. She asked developers to be fair and equitable in purchasing the existing homes. She responded to Council questions regarding home ownership and rent increase.

Irene Dulfer, a member of the public, referenced a petition she submitted of 300 signatures requesting the park remain a senior mobile home park. She noted that the vacancy factor is not due to lack of interest to live there, but is due to the place being poorly maintained by the owners. She responded to Council questions regarding the petition and for rent sign in the mobile home park.

Walt Pfaller, member of the public, said he was informed by management in 2003 that the park would not be sold or converted. He expressed concerns about the conversion and relocation of residents. He responded to Council questions regarding home size, cost and age and rent increase.

Maria Nicholas, member of the public, stated she supports the conversion ordinance. She expressed concerns about relocation and displacement and appealed to keep the park open. In response to Council, she identified the poor physical condition of the park including roads repaving, sidewalks realignment, pool closed and partially filled with dirt, overgrown weeds, laundry room not clean and leaks, back fence is broken providing access to outsiders, limited electricity in the park, and weak water pressure.

Staff responded to Council that the State is responsible for monitoring and enforcing mobile home parks and related health and safety issues.

Elmer Weber, member of the public, expressed concerns about the rezone and other rezones in the past, and the maintenance issues that currently exist in the park. He stressed that the residents are seniors and live on a fixed income. He responded to Council questions about age of his home and rent increases.

Harriett Rowe, member of the public, suggested that if the park were maintained properly, the vacancy rate might improve and there would be no reason to convert. She also expressed concerns about the proposed density and that some dwellings would be on second stories which would affect seniors’ interests.

Staff responded to Council questions about process and next steps if a study were approved.

Nick Stoll, member of the public, recommended Council vote for no action. He expressed concerns about displacing the residents.

Cathy Robinson, Charities Non Profit, noted that Centex Homes has approached them to assist in building low income housing on site. She responded to Council questions regarding dwelling unit size and space rents.

Lynette Blackfield, member of the public, noted that three years ago her father, a current park resident, was told there would be no change in park ownership and rent. She observed that each resident in the park maintains their yards very well.

Jeff Jacobs, Centex Homes, clarified some of the comments raised about rent increases. He stated that the density and dwelling units have not been developed at this time. He said that he is sensitive to all of the concerns expressed tonight and will look into it. He asked Council to give an opportunity for Catholic Charities to look into this and come back with findings that he can bring back for Council consideration. He responded to Council questions about unit size, affordability for seniors, whether the units are for sale or rent, possible future uses, scope of park repairs, prioritizing park residents for new housing, and underground utilities. He stated that Centex would work collaboratively with the park owners to complete the maintenance repairs expeditiously and is open to the idea of creating unit affordability for seniors below BMR rates or exploring zoning options that would cater to a range of affordability.

Mayor Chu closed the public hearing at 8:40 p.m.

Vice Mayor Swegles moved and Council Member Fowler seconded to approve Alternative 2 with the following additions: 1) Direct staff to explore other opportunities for affordable housing to low and very low income households (below BMR), 2) look at the senior Los Gatos project alluded to by Dee Keys in terms of approaches taken, 3) give priority of housing units to the existing residents; and 4) to partner with Catholic Charities Housing, Silicon Valley Manufacturing Group, Housing Trust for the housing project.

Council Member Howe offered a friendly amendment to include that 1) the city adhere to the minimum requirements or better of the current conversion ordinance and 2) that the city is looking for ways to mitigate impacts to the mobile home park residents.  The friendly amendment was accepted.

Motion carried 6-1, Council Member Lee dissented.

Council Member Howe moved and Vice Mayor Swegles  seconded to direct staff to facilitate to resolve the health and safety violations cited by the residents by the mobile home park owner, and direct the preparation of a letter for the Mayor’s signature to the State to look into the correction of the safety and health violations cited. Motion carried unanimously.

Mayor Chu declared a recess at 9:23 p.m. and reconvened the meeting at 9:39 p.m.

 

3.

RTC 05-051

Appeal of a Decision by the Planning Commission Denying a Use Permit to Allow a Large Family Day Care to be Located Within 300 Feet of an Existing Large Family Day Care, for up to 14 Children Located at 717 Old San Francisco Road in an R-0 (Low-Density Residential) Zoning District

Andy Miner, Associate Planner, presented the staff report, assisted by Trudi Ryan, Planning Officer. He noted that additional materials were received by staff from users of the day care and copies are provided on the Council dais.

Staff responded to Council questions about enrollment, age, and other day cares within the 300 feet radius.

Mayor Chu opened the public hearing at 9:55 p.m.

Deepika Rao, daughter of Ramasatya K. Rao, Owner and Applicant, provided a Power point presentation of the application/project highlighting background about the business and owners, quality care, the satisfaction rating from customers, need for childcare, compatibility with the neighborhood, physical characteristics of the home. She also addressed the noise and parking concerns. She responded to Council questions regarding enrollment and license requirements.

Suresh Lokiah, member of the public, commented about the quality care provided and urged approval of the request.

Pratap Subrahmanyam, member of the public, expressed support for the request..

Dick Andreini, member of the public, noted he has no concerns about the day care and expressed support for the request.

Ellie Ambrocio, member of the public, noted that as a realtor she was not aware of the Code that prohibits establishment of a large day care home within 300’ of another similar use without an approved use permit. She expressed support of the request.

Jayapriya Cherukuru, member of the public, commented about the quality care provided and urged approval of the request.

Veena Subrahmanyam, member of the public, commented about the quality care she received when she utilized their services and supported the request.

Sasi Murthy, member of the public, commented about the quality care provided and a waiting period to sign up due to the high demand for childcare. She supported the request.

Sirisha Dasu, member of the public, commented about the quality care provided and the demand for childcare. She supported the request.

Naren Dasu, member of the public, commented about the high demand for childcare and supported the request.

Fnu Suman, member of the public, expressed support for the request and noted that the owners have made it very clear to the parents to adhere to parking regulations.

Sridhar Palla, member of the public, urged approval and commended the quality care provided.

Srikanta Shivanna, member of the public, urged approval of the request.

Don Park, member of the public, expressed concerns about noise, safety, parking and privacy issues. He responded to Council questions about noise, parking, side door, side fence and back sliding door. He urged Council to consider his concerns.

David Padayathil, member of the public, ensured that the parents will not be parking on his driveway and urged support.

Sri Manchala, member of the public, expressed support for the request.

Satya Medicherca, member of the public, expressed support for the request.

Sumana Su, member of the public, commented about the quality care provided and that parents were instructed not to park for an extended period of time. She urged its approval.

PJ Iyer, member of the public, commented about the quality care provided and stated she parked once in front of the neighbor’s house and assured them it will not happen again. She urged approval of the request.

Young Soo Park, member of the public, expressed the inconvenience from the noise and parking issues as a result of the day care. She responded to Council questions regarding the fence gate and her experiences with her neighbor. She objected to the proposed application.

Harriett Rowe, member of the public, commented about working out a compromise. She suggested limiting the age to 4 years instead of 3 years and allowing up to 12 children. She also suggested installing a gate instead of a fence in the front yard.

Pete Richards, member of the public, commented that the noise concerns is not substantiated especially in a street utilized by big trucks. He noted that Mr. Park has not been bothered with parking issues since the last public hearing. He supported granting the permit.

Deepika Rao, daughter of applicant, provided closing remarks and passed out materials depicting the gate location. She noted that Mr. Park has four vehicles and utilizes his parking and driveway space. She reiterated that the parents have been instructed about the parking restrictions and are asked to sign a document in this regard. She said that her parents are willing to mitigate issues and work with the neighbors and the city. She responded to Council questions regarding door on the side of the house, enrollement and age ranges.

Mayor Chu closed the public hearing at 11:35 p.m.

Council member Miller moved and Council member Fowler seconded to approve Alternative 1 to approve the use permit with the conditions of approval as amended to change condition 1.F from 3 years to 4 years and to limit the number of children to no more than 12 children.

Council member Hamilton offered a friendly amendment to delete Condition.1.G regarding the height of the side fence. The friendly amendment was accepted.

Council member Howe encouraged the day care to continue to educate new parents about the parking issues and to demonstrate good neighbor practices. He encouraged staff to give the day care provider and Mr. and Mrs. Parks (neighbors) information about Project Sentinel.

Motion passed unanimously

There was consensus to move public hearing item #5 up before item 4.

 

4.

RTC 05-049

General Plan Amendment from Medium to Low-Medium Density; Rezone from R-3/PD to R-2/PD; Special Development Permit to Allow Construction of Eight Single Family Homes and Tentative Map to Subdivide One Lot Into Eight Lots and One Common Lot Located at 775 Wolfe Road

Jamie McLeod, Associate Planner, presented the report, assisted by Trudi Ryan, Planning Officer. Staff responded to Council questions regarding encroachment, variance, the vision triangle, and removal and relocation of trees.

Mayor Chu opened the public hearing at 12:30 a.m.

Larry L. Lamaoka, Belleterre Homes, applicant, provided brief comments that he supports the conditions of approval and that he would like to continue working with staff to mitigate lot infringements.

There were no other public testimonies and the public hearing closed at 12:35 a.m.

Council member Howe moved, Council member Lee seconded to approve Alternative 1, to adopt the mitigated negative declaration, and amend the General Plan from medium to Low medium density residential, and introduce an ordinance to rezone 775 South Wolfe Road from R3/PD to R2/PD and approve the special development permit and tentative map as proposed with attached conditions; that staff will work with the developer on the vision triangle issue particularly the setback and ensuring that it meets Code; and, that staff will include the approval by the Traffic Division to ensure safety issues are addressed.

Councilmember Miller offered a friendly amendment for the developer to work with staff cooperatively on the landscaping and movement of trees and to consider that they be relocated instead of destroyed. The amendment was accepted.

At the request of Mayor Chu, the Clerk read the following ordinance:

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 775 South Wolfe Road from R-3/PD (Medium Density Residential/Planned Development) to R-2/PD (Low Medium Density Residential/Planned Development) Zoning District.

Motion passed 5-2, Council member Hamilton and Vice Mayor Swegles dissented.

 

5.

RTC 05-055

Consideration of Resolution to Become a Member of California Statewide Communities Development Authority (CSCDA) and Resolution to Approve Documents With Respect to the Sale of Sunnyvale's Vehicle License Fee (VLF) Receivable From the State of California

Mary Bradley, Finance Director, presented the report. She responded to Council questions regarding net discount, interest rates, and other participating agencies.

Mayor Chu opened the public hearing at 12:01 a.m.

Arthur Schwartz, member of the public, advocated to participate in the program and take the repayment now.

There being no additional public testimony, the public hearing was closed at 12:05 a.m.

Council member Howe moved and Council member Miller seconded to approve Alternative 1 to approve the City’s participation in the SCSDA Vehicle License Fee Gap Receivables Financing Program and adopt the two necessary documents.  These documents include a resolution to execute an amended and restated Joint Exercise of Powers Agreement to allow the City to become a member of CSCDA and a resolution approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of Sunnyvale’s Vehicle License Fee Receivable and authorizing certain other actions in connection with the City’s participation in the Program.

Motion passed 5-2, Council member Fowler and Vice Mayor Swegles dissented.

Pursuant to Council policy to hear agenda items past 11:30 p.m., Council took a vote to move forward and hear item 4 . Vote passed 5-2, Vice Mayor Swegles and Council member Miller dissented.

NON-AGENDA ITEMS & COMMENTS

• COUNCIL