MINUTES

 SUNNYVALE CITY COUNCIL

 JANUARY 25, 2005

The City Council of the City of Sunnyvale adjourned from a 4:00 p.m. Closed Session regarding Conference With Labor Negotiator Pursuant to Government Code Section 54957.6, Agency Designated Representatives: Peter Brown, Chief Negotiator, Jane Fleenor, Human Resources Director, Employee Organizations: Communications Officer Association and Public Safety Officers Association, a 5:00 p.m. Closed Session regarding Conference With Real Property Negotiator Pursuant to Government Code Section 54956.8; Property: City-owned Property Within Town and Country Vicinity; City Negotiator: City Manager,  and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:00 p.m., with Mayor Chu presiding.

SALUTE TO THE FLAG

Mayor Chu led the salute to the flag.

ROLL CALL

CLOSED SESSION REPORT

Vice Mayor Swegles reported on the following Closed Sessions:

• 4:00 p.m. Conference With Labor Negotiator Pursuant to Government Code Section 54957.6, Agency Designated Representatives: Peter Brown, Chief Negotiator, Jane Fleenor, Human Resources Director, Employee Organizations: Communications Officer Association and Public Safety Officers Association -  Direction was given and no action was taken.

• 5:00 p.m. - Conference With Real Property Negotiator Pursuant to Government Code Section 54956.8; Property: City-owned Property Within Town and Country Vicinity; City Negotiator: City Manager - Direction was given and no action was taken.

Note: A Redevelopment Agency (RDA) Closed Session meeting was held and will be reported in the RDA minutes.

PUBLIC ANNOUNCEMENTS

Richard Shapiro, a member of the public, announced he was gathering signatures on a petition regarding Public Safety.

Dave Whittum, a member of the public, urged the Council to conduct an environmental impact report for the Mathilda Avenue bridge rehabilitation project.

CONSENT CALENDAR

Councilmember Howe requested that Items 1.A and 1.D be pulled from the Consent Calendar and considered separately.  Vice Mayor Swegles moved, and Councilmember Howe seconded, to approve the Consent Calendar with the exception of Items 1.A and 1.D.  The motion carried unanimously.

Councilmember Howe moved, and Councilmember Miller seconded, to approve the minutes with expansion of the comments made by Jonathan Thalberg under Public Announcements.  The motion carried unanimously with Councilmember Hamilton abstaining because she was not present at the meetng.

Fiscal Items

Mary Bradley, Director of Finance, assisted by Mark Stivers, Interim Director of Public Safety, presented the staff report.

Staff responded to questions posed by the Council regarding the length of the audit, validity of the audit, and holding a study session.

Mayor Chu opened the Public Hearing at 7:23 p.m. and, there being no comments, closed the Public Hearing.

Councilmember Howe moved, and Councilmember Miller seconded, to receive the audit report and direct staff to hold a new study session within the next 90 days on the findings of the report with the Council. The motion carried unanimously.

Councilmember Howe stated that he would like the opportunity to discuss the audit with the City staff including the auditors and the new Director of Public Safety at the study session.

Contracts

Other Items

CITIZENS TO BE HEARD

Dave Whittum, a member of the public, expressed concerns regarding noise from the Mathilda bridge rehabilitation project.  He displayed pictures of the neighborhood, graphs of the increased noise and read excerpts from the State of California General Plan Guidelines.

Richard Shapiro, a member of the public, reviewed his recent activities related to concerns with Public Safety.

PUBLIC HEARINGS/GENERAL BUSINESS

Mayor Chu opened the Public Hearing at 7:30 p.m.

Magda Gabali, a member of the public, expressed concerns regarding future applications for monopoles in Sunnyvale.  She asked that a moratorium be put in place for future monopoles until a study has been done.

Mayor Chu closed the Public Hearing at 7:35 p.m.

The application was withdrawn by the applicant and no Council action is required.

Trudi Ryan, Planning Officer, assisted by Jack Witthaus, Transportation and Traffic Manager, presented the staff report.  Staff responded to questions posed by the Council regarding the background of the site, the burden of the traffic study, Conditions of Approval, cost of the study, parking issues, the number of buildings, the number of students, the circulation plan and on street parking, the value of the study, safety issues, City park parking lot space, and additional Conditions of Approval.

Mayor Chu opened the Public Hearing at 7:55 p.m.

Judy Jones, Applicant, addressed concerns regarding parking issues and the timing of the study.  She reviewed the proposed project and opined that there would be no impact to existing traffic and they are appealing portions of the Conditions of Approval.  She stated condition number 7 regarding parking study including neighbors and other school site tenants should be removed as they have no authority to accomplish this. She further requested the removal of the condition requiring a three month trial of the plan because of the financial burden.  She responded to questions from the Council regarding other tenants on the property, type of use for the buildings, number of students, and the construction schedule.

Joe Sluga Property Manager for the Cupertino Union School District, stated there is no space for the school to expand so they cannot exceed 145 students and described how the new building would be used and the layout.  He responded to questions regarding enrollment, maintenance of the modular buildings, timeliness of traffic and parking study, and Cupertino School District revenues.

Scott Erwin, a member of the public, expressed concerns regarding the parking problem and the increased traffic congestion and distributed pictures to the Council.  He opined it is the landlord’s responsibility for the traffic study.  He urged the Council to uphold the Planning Commission Conditions of Approval.

Elizabeth Seymour, a member of the public, expressed concerns about the traffic congestion and opined the study should be the responsibility of the Cupertino School District.  She urged the Council to uphold the Planning Commission’s decision.

Cathy Boissy, a member of the public, stated her children attend the French-American School and the traffic is minimal compared to other schools in the area.  She advocated for the Council to grant the appeal.

Rachel Ometer, a member of the public and student of the French-American school, solicited support for the additional space for the school.

Christine Gazounaud, Co-PTA President of the French American School of Silicon Valley, stated the new building would have no impact on the traffic and they have been proactive to address parking and traffic concerns.  She stated increased traffic only takes place for a short period of time.

Terry Langlais, of the French American School, stated they are the second smallest tenant on the site and have no authority for parking for the entire site.  She stated the new building will not add any new traffic.

Seema Varma, a member of the public, stated the school is an asset to the City and she has experienced more congestion around other schools in Sunnyvale and the additional building will not have any impact on traffic.

Marine Cerauskis, a member of the public, described the benefits and need for the new building.  She advocated that the traffic study not be tied just to the school.

Judy Jones, Applicant, stated they are willing to do the study first and would like the changes articulated earlier approved.  She responded to questions from the Council regarding the timing of the study and construction, Conditions of Approval number 7, scope of the study, number of teachers and administrators and where they park.

Joe Sluga Property Manager for the Cupertino Union School District, responded to questions from the Council regarding School District support for the traffic study, the construction schedule, a parking plan for the four tenants, and if the School District would sponsor the study.

Mayor Chu closed the Public Hearing at 9:20 p.m.

Councilmember Fowler moved, and Councilmember Hamilton seconded, to approve Alternative 2, adopt the negative declaration, and approve the use permit with the modification to remove condition 7.

Councilmember Howe offered a friendly amendment that if there is a future traffic or parking study for the site, that the applicant be required to participate and cooperate with it.  The amendment was withdrawn.

Councilmember Howe offered a friendly amendment to proceed with the traffic and parking study to try and mitigate as many of the problems as possible.  The amendment was not accepted.

Councilmember Lee moved, and Councilmember Miller seconded, a substitute motion to approve Alternative 2, adopt the negative declaration, and approve the use permit with modified conditions to amend Condition number 7 as follows: 1) Provide a master parking and circulation management advisory study for the combined use of the school site prior to issuance of building permit for the project, a) the scope of advisory study shall be approved by the Sunnyvale Traffic Division. The final management study shall be reviewed and considered for approval by the Director of Community Development; b) delete, c) upon completion of the study, the City staff shall meet with representatives of the Cupertino Unified School District to discuss an implementation program and advise the Council of the results of the meeting; and d) tenants and neighbors shall be invited to participate in the preparation of the study.

Councilmember Miller offered a friendly amendment to include looking at pedestrian safety issues as part of the study. The amendment was accepted.

Councilmember Miller stated, for the record, that she has no conflict of interest as she lives outside the 300 foot notification area.

Councilmember Howe offered a friendly amendment to direct staff to prepare a letter for the Mayor’s signature to Cupertino Unified School District requesting their help and cooperation in the overall efforts to resolve the traffic and circulation concerns in the subject area. The amendment was accepted.

Councilmember Hamilton offered a friendly amendment to change the first paragraph to state “Provide a master parking and circulation management advisory study for the combined use of the school site prior to occupancy of the building”.  The amendment was accepted.

Councilmember Hamilton offered a friendly amendment to invite the other tenants to the meeting with the Cupertino Unified School District.  The amendment was not accepted by the second.

Councilmember Swegles offered a friendly amendment to direct staff to explore the possibility of using some of the spaces in the Serra Park parking lot for use by school staff. The amendment was accepted.

Councilmember Fowler offered a friendly amendment to separate condition 7c as a separate motion or direction to staff because it cannot be fulfilled by the school; also to separate Howe’s friendly amendment regarding the letter to the Cupertino Unified School District. The amendment was accepted to remove these two items from the Conditions of Approval and provide the direction to staff.

The motion carried with Councilmember Fowler dissenting.

Mayor Chu declared a recess at 10:07 p.m. and reconvened at 10:20 p.m.

Jack Witthaus, Transportation and Traffic Manager, presented the staff report.  Staff responded to Council questions regarding signals on Fremont Avenue, the timeframe, traffic problems with traffic from Highway 237 merging onto Mathilda Avenue, and light rail verbiage.

Mayor Chu opened the Public Hearing at 10:30 p.m.

Carolyn Gonot, representing the Valley Transportation Agency (VTA), reviewed the Valley Transportation Plan 2030 studies and expressed their appreciation for the opportunity to partner with the City of Sunnyvale.

Chris Augenstein, of the VTA, presented a Powerpoint presentation describing the 2030 plan, funding, what the plan does, development of the plan, and investment targets.

Dave Whittum, a member of the public, expressed concern about where the rail would run on Mathilda and noise abatement.

Mayor Chu closed the Public Hearing at 10:46 p.m.

Vice Mayor Swegles moved, and Councilmember Fowler seconded,  to approve Alternatives 1 and 2, support adoption of VTP 2030 contingent upon modification of the document to address Sunnyvale’s issues regarding future light rail transit priorities, and accept the final route 237 and Route 85 corridor studies. The motion carried unanimously.

Trudi Ryan, Planning Officer, presented the staff report.  Staff responded to questions posed by the Council regarding accessory units, zoning of surrounding properties, and keeping garages available for parking.

Mayor Chu opened the Public Hearing at 10:50 p.m.

Iraj Dehnow, Applicant/Owner, discussed the setbacks, parking, surrounding properties, the need for additional space for an office and the floor area ratio (FAR).  He further addressed concerns about drainage and family life style and distributed pictures to the Council.

Mayor Chu closed the Public Hearing at 11:03 p.m.

Councilmember Howe moved, and Councilmember Miller seconded, to approve Alternative 2, adopt the zoning ordinance, and approve the special development permit and tentative map with modified conditions as follows:

1) No accessory living units allowed on any of the properties; and, 2) garages must be kept clean and available for parking.

Mayor Chu offered a friendly amendment to change the FAR to 55%. The amendment was accepted.

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

ORDINANCE NO. 2773-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE PRECISE PLAN, ZONING DISTRICTS MAP, TO REZONE CERTAIN PROPERTY LOCATED AT 1276 POPULAR AVENUE FROM R-2 (LOW-MEDIUM DENSITY RESIDENTIAL) TO R-2 (LOW-MEDIUM DENSITY RESIDENTIAL/PLANNED DEVELOPMENT) ZONING DISTRICT

The motion carried unanimously.

Trudi Ryan, Planning Officer, presented the staff report.

Mayor Chu opened the Public Hearing at 11:10 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Howe moved, and Councilmember Miller seconded, to approve Alternatives 1) Amend the Municipal Code to limit homeowner construction hours for attached housing to be the same as construction hours for contractors, 4) Amend the Municipal Code to clarify that the additional homeowner construction hours for single family detached housing are for work performed exclusively by the property owner per the revised language submitted by the City Attorney in the ordinance, 5) Amend the Municipal Code to restrict construction activity on national holidays that City offices are closed, rather than all national holidays, 6) Amend the Municipal Code to eliminate the allowance of unlimited construction hours for homeowners in detached housing if the noise level at the property line does not exceed 45 dBA.

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

ORDINANCE NO. 2774-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYALE AMENDNG SECTION 16.08.110 OF THE SUNNYVALE MUNICIPAL CODE RELATED TO HOURS OF CONSTRUCTION – TIME AND NOISE LIMITATIONS.

The motion carried unanimously.

Trudi Ryan, Planning Officer, presented the staff report.

Mayor Chu opened the Public Hearing at 11:25 p.m.

Ken Bahl, Applicant, presented slides describing his business and the history, pictures of the site, issues regarding setbacks, the variance of the lot, acceptability to the neighbors, and current permits. He responded to questions from the Council regarding Conditions of Approval, the generator permit, chemicals on the property, inspection of the property, and wastewater treatment.

Mayor Chu closed the Public Hearing at 11:43 p.m.

Councilmember Lee moved, and Vice Mayor Swegles seconded, to approve Alternative 1, adopt the Negative Declaration and approve the Use Permit and Variance with attached conditions.  The motion carried with Councilmember Miller dissenting.

Motion to hear item after 11:30 p.m.

Councilmember Howe moved, and Councilmember Miller seconded, to continue the meeting to hear Item 8. The motion carried with Vice Mayor Swegles and Councilmember Hamilton dissenting.

Susan Ramos, City Clerk, presented the staff report.  Staff responded to questions from the Council regarding Community Development’s study issues impact on the Housing Department, the Conversion Impact Report for mobile homes, the tree removal ordinance update, review of miscellaneous plan permit language in the municipal code study issue, the June 14 Council meeting agenda, and the places of assembly study issue.

Mayor Chu opened the Public Hearing at 12:05 a.m.

Dave Whittum, a member of the public, suggested a future study issue on the noise element of train noise.

Mayor Chu offered to sponsor a study issue to review the update of the City’s noise element as it relates to train noise.

Mayor Chu closed the Public Hearing at 12:09 a.m.

Councilmember Howe moved, and Councilmember Miller seconded, to approve the calendar with amendments to move the budget adoption to June 21, the Planning placeholder to June 14, and approve the study issue priorities list, with the exception of Community Development, and approve Budget Modification 21.

Vice Mayor Swegles offered a friendly amendment to level the meetings of June 14 and 21 by moving some items from June 21 to June 14.  The amendment was accepted.

The motion carried unanimously.

Councilmember Howe moved, and Councilmember Lee seconded, to add a study issue to Community Development’s above the line list for Council ranking next week and directed staff to bring back a study issue paper regarding how effective the City is in its administration of its below market rate (BMR) rental unit program.  The motion carried unanimously.

NON-AGENDA ITEMS & COMMENTS

COUNCIL

Councilmember Fowler announced he will not be attending the fiscal issues workshop next Monday and the Council meeting next Tuesday.

STAFF

There were no comments.

INFORMATION ONLY ITEMS – Received and Filed

Tentative Council Agenda Calendar

RTC 05-021, Boards and Commissions Quarterly Attendance Report

RTC 05-020, Vacancy and Rent Survey

RTC 05-032 Appeal Report on Planning Commission Items of January 10, 2005 and

Administrative Hearing Items of January 13, 2004

Bicycle and Pedestrian Advisory Committee Unapproved Minutes of December 16, 2004

Board of Library Trustees Unapproved Minutes of January 3, 2005

Child Care Advisory Board Unapproved Minutes of January 11, 2005

Heritage Preservation Commission Unapproved Minutes of January 5, 2005

Planning Commission Unapproved Minutes of January 10, 2005

ADJOURNMENT

Mayor Chu declared the meeting adjourned at 12:45 a.m.

Susan Ramos, City Clerk