DRAFT
SUNNYVALE CITY COUNCIL
March 22, 2005
The City Council of the City of Sunnyvale adjourned from a 5:00 p.m. Study Session regarding City owned properties and landbanking practices, 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 - St. Cyprian 7th and 8th Grade Student Body Members
ROLL CALL
PRESENT: Mayor Dean J. Chu
Vice Mayor Ron Swegles
Councilmember Fred Fowler
Councilmember Julia Miller
Councilmember John Howe
Councilmember Melinda Hamilton
ABSENT: Councilmember Otto Lee (excused)
Staff Present: Amy Chan, City Manager
Robert Walker, Assistant City Manager
Joan Borger, City Attorney
Robert Paternoster, Director of Community
Development
Trudi Ryan, Planning Officer
Kelly Diekmann, Associate Planner
Gerri Caruso, Principal Planner
Jack Witthaus, Traffic and Transportation Manager
Marvin Rose, Director of Public Works
Heather Tannehill, Acting Technical Services Manager
Curtis Black, Interim Director of Parks and Recreation
SPECIAL ORDER OF THE DAY
Mayor Chu was joined at the podium by Captain Craig Farley, Public Safety Officer Dean Discher and Community Services Officer Dori Fontaine who presented awards to the Fire Poster Contest winners. Mayor Chu acknowledged Sunnyvale Kiwanis Club President Norm Betts and club members, and the Sunnyvale Chamber of Commerce President and CEO Suzi Blackman and Program Manager Cassandra Nash. He also acknowledged Marie Kuykendall of Kuykendall’s Collision Repair for hosting the lunch for the poster winners.
PUBLIC ANNOUNCEMENTS
Councilmember Miller announced that at the Association of Bay Area Governments (ABAG) reception and Executive Board meeting on March 17, award certificates were presented to the City of Sunnyvale Fleet Services and Senior Center for their on-going participation in the Bay Area Green Business Program and their accomplishments and exemplary leadership in adopting environmentally responsible practices.
Councilmember Howe announced that the City is currently recruiting for members on the Arts Commission, Bicycle and Pedestrian Advisory Committee, Board of Building Code Appeals, Child Care Advisory Board, Heritage Preservation Commission, Housing and Human Services Commission, Board of Library Trustees, Parks and Recreation Commission, Personnel Board and Planning Commission. There will be an information meeting on April 7 at 6:00 p.m. Application deadline is May 20 at 5:00 p.m. For more information, contact the City Clerk at 730-7474.
Vice Mayor Swegles announced that at the Council Closed Session on Friday, March 18, 2005, regarding Conference with Legal Counsel, Anticipated Litigation, Significant Exposure to Litigation, pursuant to Government Code Section 54956.9b pertaining to Smart Station Operating Agreement, direction was given but no action was taken.
Jan Camp and Margaret Lawson from the Sunnyvale Historical Society announced Sunnyvale’s 2nd Annual Heritage Park Walk-a-Thon on April 2 at 10:00 a.m. to raise money for the construction of the new Heritage Park Museum to be located in the Sunnyvale Heritage Park/Community Center.
Robert Harms, announced the Friends of Sunnyvale Public Library April Book Sale on April 16 at 10:00 a.m. at the Raynor Center at 1500 Partridge Avenue. For more information, call 730-7300.
Rich Shapiro, member of the public, expressed concerns about police accountability and conduct and invited the public to join him in his protest at the Library.
CONSENT CALENDAR
A member of the public and Councilmember Miller requested item 1H. be pulled from the Consent Calendar and considered separately. Vice Mayor Swegles requested Item 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.D and 1.H. The motion carried unanimously with Councilmember Lee absent.
1.A. MOTION Approval of Draft Minutes - Regular Meeting of March 8, 2005
1.B. MOTION Approval of Information/Action Items - Council Directions to Staff
Fiscal Items
1.C. RTC 05-079 Lists of Claims and Bills Approved for Payment by the City Manager (List No. 238 and List No. 239)
Staff Recommendation: Review list of bills.
1.D. RTC 05-080 Approval to Accept on Behalf of the NOVA Consortium Funding Through the San Francisco Bay Area Workforce Funding Collaborative in the Amount of $318,700 to Support Increased Regional Healthcare Training Capacity
Mike Curran, Director of Employment Development, presented the report.
The Council thanked staff for their good work.
Mayor Chu opened the public hearing at 7:38 p.m. and there being no public testimony closed the public hearing at 7:39 p.m.
Vice Mayor Swegles moved and Councilmember Miller seconded to approve staff’s recommendation to accept funding from the Bay Area Workforce Funding Collaborative in the amount of $318,700 to support regional healthcare training.
Motion carried with Councilmember Lee absent.
Contracts
1.E. RTC 05-076 Award of Contract for the Maintenance and Support for the Public Safety Dispatch and Records Management Systems (F0403-43)
Staff Recommendation: It is recommended that Council award a one-year contract to Tiburon, Inc. in an amount not to exceed $82,663 and in substantially the same form as the attached draft, for software maintenance and support for the Department of Public Safety CAD/RMS system.
1.F. RTC 05-085 Award of Contract to Provide Children’s Dance Instruction to the Public Through the City’s Recreation Program (F0403-45)
Staff Recommendation: It is recommended that Council award a two-year contract to Venise Taafe doing business as On Your Toes, in an amount not to exceed $135,000 and in substantially the same format as the attached draft, to provide children’s dance instruction though the City’s Recreation Program.
Other Items
1.G. ORDINANCE
NO. 2777-05 Adoption of Ordinance Approving and Adopting the Fifth Amendment to the Redevelopment Plan for the Central Core Redevelopment Project Area Pursuant to Health and Safety Code Section 33333.6(e)(2)(C), and Amending Related Ordinances in Connection Therewith (Introduced on March 8, 2005)
1.H. RTC 05-081 Adoption of Legislative Action Position Regarding SB 680: Santa Clara County Vehicle Registration Fee for Congestion Relief and Litter Control Projects
Jack Witthaus, Transportation and Traffic Manager, presented the report and responded to questions regarding allocation of funds.
Mayor Chu opened the public hearing at 7:43 p.m.
Laura Strichinsky, Silicon Valley Leadership Group provided Council with a copy of the updated legislative bill and expressed thanks for their support.
The public hearing was closed at 7:45 p.m.
Councilmember Miller moved and Vice Mayor Swegles seconded approve staff’s recommendation to support SB 680 and adopt the proposed Legislative Action Position - Support vehicle registration fees for regional and local transportation projects that are consistent with the City’s existing policies.
Motion carried 5-1, Councilmember Hamilton dissented and Council member Lee was absent.
CITIZENS TO BE HEARD
Rich Shapiro, member of the public, commented on issues regarding public safety.
PUBLIC HEARINGS/GENERAL BUSINESS
2. NO ACTION
RTC 05-082 893 Rattan Terrace – Appeal of a Decision by the Planning Commission Upholding the Decision by the Administrative Hearing Officer to Approve a Use Permit to Allow a Seven-foot High Side Yard Fence
Trudi Ryan, Planning Officer, advised the Council that staff has deemed the application for a use permit for the fence withdrawn. Therefore, no decision or action is necessary this evening.
Mayor Chu opened the public hearing at 7:55 p.m. and there being no public testimony closed the public hearing at 7:56 p.m.
Application withdrawn, no action necessary at this time.
3. ORDINANCE
NO. 2778-05
RTC 05-083 Award of Taxicab Franchise to American Cab Company
Heather Tannehill, Acting Technical Services Manager, presented the report and responded to questions.
Mayor Chu opened the public hearing at 7:57 and there being no public testimony closed the public hearing at 7:58 p.m.
Councilmember Howe moved and Councilmember Miller seconded to approve staff’s recommendation and introduced an ordinance awarding a non-exclusive franchise for taxicab service to American Cab Company for the period of April 27, 2005 through April 26, 2007 per applicant request, and authorize the City Manager to execute necessary documents of agreement.
At the request of the Mayor, the City Clerk read the ordinance:
ORDINANCE NO. 2778-05, An Ordinance of the City Council of the City of Sunnyvale awarding non exclusive franchise to Jasvir Singh and Sher Jagraj Singh doing business as American Cab Company
Motion carried with Councilmember Lee absent.
4. ORDINANCE
NO. 2779-05
RTC 05-074 707 East Homestead Road – Introduction of an Ordinance to Rezone a 0.75 Acre Site From R-2 (Low Medium Density Residential) to R-2/PD (Low Medium Density Residential/Planned Development) Zoning District; Special Development Permit to Construct Eight Single-family Homes; and, Tentative Map to Subdivide One Lot into Eight Lots and Two Common Lots
Kelly Diekmann, Associate Planner, presented the report assisted by Trudi Ryan, Planning Officer. Staff responded to questions regarding setback deviations, Planning Commission recommendations, planned development projects, disposition of trees and parking spaces.
Mayor Chu opened the public hearing at 8:08 p.m.
Darrel Fazekas, Project Architect, expressed support for the City’s recommendation. He does not support a drive through and would block it off, and does not support bringing the houses closer to Homestead Road. He felt that the 15 foot setback is adequate.
Harriett Rowe, member of the public, suggested installing an access gate between the two developments to bring the whole community together.
Darrel Fazekas, Project Architect, clarified the development is pedestrian friendly and there is no need for an access gate between the two developments.
The public hearing was closed at 8:18 p.m.
Vice Mayor Swegles moved and Councilmember Fowler seconded to approve staff’s recommendation to adopt the Negative Declaration and introduce an Ordinance to rezone the site from R-2 to R-2/PD and approve the Special Development Permit and Tentative Map with attached conditions.
At the request of the Mayor, the City Clerk read the title of the Ordinance.
ORDINANCE NO. 2779-05 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 707 EAST HOMESTEAD ROAD FROM R-2 (LOW MEDIUM DENSITY RESIDENTIAL) TO R-2/PD (LOW MEDIUM DENSITY RESIDENTIAL/PLANNED DEVELOPMENT) ZONING DISTRICT
Motion carried with Councilmember Lee absent.
5. ORDINANCE
NO. 2780-05
RTC 05-075 Study Issue – Introduction of an Ordinance to Clarify California Environmental Quality Act (CEQA) Requirements and Heritage Preservation Commission’s Role in Relation to the Heritage Preservation Code
Gerri Caruso, Principal Planner, presented the report.
Mayor Chu opened the public hearing at 8:33 p.m. and there being no public testimony, closed the public hearing at 8:34 p.m.
Councilmember Hamilton moved and Vice Mayor Swegles seconded to introduce the proposed Ordinance as recommended by staff.
At the request of the Mayor, the City Clerk read the title of the Ordinance.
ORDINANCE NO. 2780-05, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING PORTIONS OF CHAPTER 19.96 OF THE SUNNYVALE MUNICIPAL CODE RELATED TO HERITAGE RESOURCE PRESERVATION
Motion carried with Councilmember Lee absent.
6. RTC 05-077 Consideration of Community Gardens and Possible Locations
Curtis Black, Interim Director of Parks and Recreation presented the report and responded to questions regarding size.
Mayor Chu opened the public hearing at 8:40 p.m.
Josh Salans, member of the public, provided background and an overview of Sunnyvale Sustainable Gardens (SSG) and its plans and provided a Powerpoint presentation.
Marline Brodeur, member of the public, expressed concern that Sunnyvale does not have a community garden and advocated for one. She shared SSG’s vision of creating the first organic garden in the city.
Jacqueline Graham, member of the public, advocoted for a community garden and also shared SSG’s vision.
Janet Hamma, member of the public, commented on the grants received for community gardens and described the proposed gardens.
Masood Mokhtary, member of the public, advocated for the gardens. He noted that SSG has the funds and expertise for a community garden and is looking for a location.
Starr Coatney and Laura Coatney, members of the public, advocated for a community garden.
Art (unintelligible), member of the public, described future plans for the gardens and cited potential locations.
Maryann Cochran, member of the public, along with Kay Carey, Jacques Nicole, Nicole Stachowicz and Art (unintelligible) presented a skit about potential sites and advocated for the Charles and Olive site.
Ray Pole, member of the Parks and Recreation Commission, commented the Commission voted unanimously to grant SSG the ability to pursue a contract to build and manage a community garden on Charles and Olive and extend further gardens throughout the city.
Charlie Olsen, member of the public, expressed support for the gardens and the site at Charles and Olive and responded to Council questions.
Josh Salans, member of the public, clarified that SSG never contemplated the Heritage Orchards location. He presented his proposal as follows:
- Request approval to design and implement Sunnyvale’s first community garden at Charles and Olive for a minimum of five years;
- SSG will develop in accordance with the Satterberg Foundation grants, a combination community garden for Sunnyvale citizens, Sunnyvale senior community citizens, and master gardeners of Santa Clara County;
- City will provide the land, access to city sponsored water and design guidance and will receive a yearly lease payment;
- SSG also request the city to explore the possibility of future SSG sponsored neighborhood community gardens at Fairwood Park and the maybe the Mathilda property.
Mr. Salans expressed thanks to staff, Council and all who provided assistance. He responded to Council questions and expressed support for the establishment of outcome measures and targets for this program.
To further clarify and confirm the action of the Parks and Recreation Commission, Curtis Black, Interim Director of Parks and Recreation, stated that the motion of the Park and Recreation Commission that is reflected in the staff report on page 11 is accurate.
The public hearing was closed at 9:32 p.m.
Original Motion (carried)
Councilmember Fowler moved to direct staff:
a) To work with SSG to further explore the possibility for an organic garden at the following sites: Orchard Heritage Park site, Olive and Charles site, John Christian Greenbelt, and Cherry Orchard at 755 S. Mathilda Avenue site
b) Prepare a proposed agreement between the City and SSG for a community garden at Olive and Charles that would provide for the entire 1.8 acre site to be used for the organic garden for a term of no more than five years. The agreement should include provisions for specific outcome measures and service level focusing on user participation and targeting geographical, age and ethnic diversity
c) Return to Council for a public hearing to determine whether or not to enter into an agreement with SSG for community gardens, review the Council identified sites, and whether or not to accept the grant funding awarded by the Satterberg Foundation to the City of Sunnyvale for the purpose of developing community gardens in Sunnyvale.
Councilmember Hamilton seconded with a friendly amendment to remove the Cherry Orchard site from the list of sites. The friendly amendment was accepted.
Vice Mayor Swegles offered a friendly amendment to remove the Orchard Heritage Park site from the list. The friendly amendment was accepted.
Councilmember Hamilton offered a friendly amendment to add the vacant site at Mckinley and Iowa as a potential site. The friendly amendment was not accepted.
Councilmember Hamilton offered a friendly amendment to put in the agreement that after five years the agreement will be reviewed annually or biennially. The friendly amendment was not accepted.
Councilmember Howe offered a friendly amendment to include in the proposed agreement with SSG that users who sign up for garden plots acknowledge and agree to the sunset date of five years. The friendly amendment was accepted
Councilmember Miller offered a friendly amendment to direct staff to work with SSG on verbiage for the escape clause in the agreement that Council can terminate the agreement without cause with a 180 day termination notice. The friendly amendment was accepted.
Mayor Chu offered a friendly amendment to reduce the size of the potential garden at the Charles and Olive site to no greater than three quarters of an acre. The friendly amendment was not accepted.
First Formal Amendment to add to Original Motion (failed)
Mayor Chu moved and Councilmember Hamilton seconded, to make a formal amendment to the motion on the floor to reduce the size of any potential garden at the Charles/Olive site to no greater than three-fourths of an acre.
Councilmember Hamilton offered a friendly amendment to explore an alternate site at McKinley and Mathilda for a potential garden. The friendly amendment was accepted.
Vice Mayor Swegles offered a friendly amendment to start with a larger size and reduce it gradually during the five year period until . The friendly amendment was not accepted.
Motion failed with Vice Mayor Swegles, Councilmembers Fowler, Howe, and Miller dissenting and Councilmember Lee absent.
Second Formal Amendment to add to Original Motion (carried):
Councilmember Howe moved and Councilmember Hamilton seconded to make a formal amendment to the motion to explore a potential alternate site for at Mathilda and McKinley. Motion carried 5-1, Councilmember Fowler dissenting and Councilmember Lee absent.
Vote to original motion (carried):
Motion carried 5-1, Mayor Chu dissenting and Councilmember Lee absent.
NON-AGENDA ITEMS & COMMENTS
Vice Mayor Swegles announced Councilmember Fowler’s birthday today.
Councilmember Miller thanked staff for the Easter souvenir.
· STAFF
At the request of staff, Council agreed to start the special meeting of April 2 at 8 am, recess at 9:30 am (to accommodate a Councilmember’s scheduling conflict) and reconvene at 11:45 am to continue to the afternoon until all agenda items have been heard.
INFORMATION ONLY ITEMS- Received and filed.
2005 Tentative Council Agenda Calendar
Arts Commission Unapproved Minutes of February 16, 2005
Heritage Preservation Commission Unapproved Minutes of March 2, 2005
Housing and Human Services Commission Unapproved Minutes of February 17, 2005
Housing and Human Services Commission Unapproved Minutes of February 23, 2005
Parks and Recreation Commission Unapproved Minutes of March 9, 2005
Study Session Summary of March 8, 2005 – Intergovernmental Relations (IGR) Update
ADJOURNMENT – Councilmember Miller adjourned the meeting in memory of Alices Georges (Assemblywoman Anna Eshoo’s mother) at 10:40 p.m.
Susan A. Ramos