The City Council of the City of Sunnyvale met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:00 p.m., with Mayor Chu presiding.

Mayor Chu led the salute to the flag.

PRESENT:

Mayor Dean J. Chu

Vice Mayor Ron Swegles

Councilmember Fred Fowler

Councilmember Julia Miller

Councilmember John Howe

Councilmember Melinda Hamilton

Councilmember Otto Lee

ABSENT:

None

STAFF PRESENT:

Amy Chan, City Manager

Robert Walker, Assistant City Manager

Joan Borger, Interim City Attorney

Robert Paternoster, Director of Community Development

Annabel Yurutucu, Housing Officer

Curtis Black, Interim Parks & Recreation Director

Cathy Merrill, Assistant to the Director of Parks & Recreation

Susan Ramos, City Clerk

• Presentation of Certificates to the Winners of the “Name the Plaza” Contest - Mayor Chu, assisted by Cathy Merrill, Assistant to the Director of Parks & Recreation, presented Certificates of Congratulations to the winners and thanked the Parks & Recreation staff for their efforts.

Councilmember Howe announced the Health & Safety Fair will be held on Saturday, May 14^th from 11:00 a.m. to 3:00 .m. at the Columbia Neighborhood Center located at 785 Morse Avenue.  For more information contact Michelle Bromstead at (408) 730-7472 or visit the website http://sunnyvale.ca.gov/

Councilmember Howe announced the City of Sunnyvale is looking for potential Commissioners and Boardmembers.  There are 10 Boards and Commissions that have vacancies: Arts Commission, Bicycle and Pedestrian Advisory Committee, Board of Building Code Appeals, Child Care Advisory Board, Heritage Preservation Commission, Housing & Human Services Commission, Board of Library Trustees, Parks & Recreation Commission, Personnel Board and Planning Commission. Councilmember Fowler indicated that applicants must be citizens of the City of Sunnyvale and must be registered voters.  The filing deadline is Friday, May 20, 2005 at 5:00 p.m. and applications are available on the website http://sunnyvale.ca.gov/ or by contacting the City Clerks’ office at (408) 730-7474.

Councilmember Miller announced the lawn mower buyback program held last Saturday, May 7^th, at Home Depot was a huge success, noting 170 gas lawn mowers were traded in.

Councilmember Miller congratulated AMD and Community Services for opening and dedicating their new business on this day and noted the Mayor was presented with a plaque “Celebrating the Spirit of Community” recognizing Sunnyvale’s outstanding efforts to strengthen the community.

Vice-Mayor Swegles reported that direction was given and no action was taken during the May 3rd closed session pertaining to: Conference with Labor Negotiators pursuant to Government Code Section 54957.6, Labor Negotiator: Peter Brown, Liebert, Cassidy, and Whitmore and Jane Fleenor, Interim Director of Human Resources; Employee Organization: Service Employees International Union (SEIU) – Local 715.

Councilmember Howe removed consent item 1.E.  A member of the public removed consent item 1.D.

Vice-Mayor Swegles moved and Councilmember Howe seconded to approve the rest of the Consent Calendar including an amendment to the minutes of May 3 as reflected in a memo from the City Clerk to the Council, except for items 1.E. and 1.D. which will be considered separately. Motion carried unanimously.

1.A.

MOTION

Approval of Draft Minutes (Special Meeting of April 30, 2005 and

                                           Regular Meeting of May 3, 2005)

1.B.

MOTION

Approval of Information/Action Items – Council Direction to Staff

1.C.

MOTION

RTC 05-138

List of Claims and Bills Approved for Payment by the City Manager (List No. 246)

Staff Recommendation: Review list of bills.

1.D.

MOTION

RTC 05-137

Acceptance of the California Office of Traffic Safety Seat Belt Compliance Campaign Mini Grant for Local Law Enforcement Agencies and Budget Modification No. 32

Captain Craig Farley, Department of Public Safety, presented the staff report and responded to questions regarding fines, refunds to the City and increased enforcement.

Mayor Chu opened the public hearing at 7:20 p.m.

Tom Mayer, Bicycle & Pedestrian Advisory Committee (BPAC) representative, acknowledged the receipt of the grant funding and endorsed the increased enforcement efforts.  Mr. Mayer noted BPAC supports the acceptance of the grant.

There being no further public testimony, Mayor Chu closed the public hearing at 7:22 p.m.

Councilmember Howe moved and Councilmember Miller seconded to approve Budget Modification No. 32 to accept the California Traffic Safety Seat Belt Enforcement Program for Local Law Enforcement Agencies in the amount of $39,968 and direct staff to appropriate funds in a special project to track both expenditures and reimbursement of costs.  Motion carried unanimously.

1.E.

RESOLUTION

RTC 05-142

Appointment of City Attorney and Approval of Employment Contract

The Council introduced and welcomed David Kahn to the City of Sunnyvale.

David Kahn, City Attorney, expressed thanks and introduced his wife, Pam, and daughter, Sarah.

Mayor Chu opened the public hearing at 7:26 p.m.  There being no public testimony, the public hearing was closed at 7:27 p.m.

Councilmember Howe moved and Councilmember Lee and Vice-Mayor Swegles seconded to adopt a resolution approving the appointment of David Kahn to the position of City Attorney and approve the contract as attached to the staff report.  Motion carried unanimously.

Council thanked Interim City Attorney Joan Borger for her efforts in filling the interim role during the transition period.

At this time, Mayor Chu noted for the record that three corrections were made to the minutes of May 3, 2005, consent item 1.A.  He noted copies of the memo with the amendments were available for the public.

Maxine Shea, Child Care Advisory Board representative, announced that the Award for Excellence for Early Education will be presented at the Health & Safety Fair, Saturday May 14^th at 1:30 in the Ampitheater.

Cesar Morales, member of the public, acknowledged Amanda Schwabe in attendance and announced a proposal by West Valley College students for a summer youth program. Mr. Morales asked the Council for support of the program by offering an indoor facility, equipment, and advertisement for the program.  Mr. Morales indicated the group would also be seeking donations for the program. 

Bob Balmanno, SEIU Local 715 member, indicated the top priorities of Local 715 members during this contract negotiation period including health benefits.

Joan Coston, SEIU Local 715 member, distributed material to the Council.  Ms Coston noted the problems associated with getting people involved in the political process and the efforts of Local 715 to increase the awareness of the political process and how to become involved.

Milena Malikova, member of the public, spoke about human and property owners rights pertaining to a wildlife garden on private property at 1063 Hudson Way and asked Council to help resolve the issues.

Mayor Chu announced, due to time limits, the Citizens to be Heard section would be concluded at the end of the regular meeting.

2.

MOTION

RTC 05-125

Revision of De Anza School Sports Field Master Plan to Include Proposed Batting Cage Facility

Curtis Black, Interim Parks & Recreation Director, presented the staff report and responded to questions regarding noise mitigation measures, traffic, hours of operation, facility rental revenues, solid waste receptacles, fence and backstop height, relocation of cages to allow more play space on school property, alternate location on site, and League City fees for the project.

Don Johnson, Chief of Public Safety, responded to questions regarding safety and removal of the vines to increase visibility from Ticonderga to the parking lot and DeAnza park site.

Mayor Chu opened the public hearing at  8:05 p.m.

Doug Warmke, President of Sunnyvale Southern Little League, supported the proposed batting cage site at DeAnza Park. Mr. Warmke highlighted the benefits of having a batting cage at the ball park site and outlined the outreach process with the neighborhood and school district.  Mr. Warmke responded to questions regarding the number of players in Southern Little League, number of teams able to use the facility at one time, number of cages needed, where players are from, other sites the league uses for play, other school locations for placement of the batting cages, length of the cage and green space, and distance from home plate to first base.

Wallace McVey, member of the public, displayed a site map and aerial view of the De Anza Park Stratford School and park site and landscaping differences on the north and south sides of the park.  Mr. McVey asked that the batting cage be moved to the northeast parking lot, northwest parking lot or an area referred to as “Area C” behind the buildings.  Mr. McVey concluded by asking that the matter be denied because there are too many unanswered questions, uncertainties and neighborhood concerns at this time and requested that staff do further study.

Dave Werling, member of the public, outlined the fund raising process to build the facility, site location, alternative sites explored and costs associated with each site, feasibility of portable cages, safety at the site, distance from existing power supply and costs for power to the batting cage, and canvassing and support of adjacent neighbors.

Chris Blanken, member of the public, expressed concern over the lack of attendance at the neighborhood meeting of April 13, lack of benefit to the league players, decrease in open space at the park, installing landscaping around the cages and costs associated with it. Mr. Blanken asked that the project be denied and referred back to staff for further review and coordination with the neighborhood.

Robert Locke, Parks & Recreation Commissioner, outlined the review process by the Commission for the proposal, alternative locations, cost to install the cages on the north side of the park.  Mr. Locke indicated the Commission is in support of Alternative 1 to approve the revised Master Plan for De Anza Park sports field to include a proposed batting cage facility as delineated in Attachment B of the report.

Dan McCarthy, member of the public, noted he is not opposed to batting cages; however, he expressed concerns about park safety and security.  Mr. McCarthy concluded by asking the Council to refer the matter back to staff to consider another site.

Janet Ngai, member of the public, supported promoting little league activities and enhancement thereof; however, is opposed to using the proposed site due to noise, the ultimate usage of the area, and aesthetics from Ticonderoga. Ms Ngai asked that the matter be referred back to staff for further study and staff collaboration with the school district and the neighborhood to find an alternate site and consider the use of a removable structure versus a permanent structure.

Eric Schaefle, member of the public, voiced concern over the process and lack of representation from the neighborhood, unanswered questions raised at the Park & Recreation Committee meeting.  Mr. Schaefle asked the matter be referred back to staff for further review, allow for neighborhood involvement, and include the Little League in the discussions.

Ted Faravelli, member of the public, concurred with Mr. McVey’s comments.  He noted that there may be some concern with the location of the batting cages near Ticonderoga and Lime, and a potential negative impact on the marketability of those properties.  He noted that property owners along Ticonderoga and Lime, according to California Civil Code Section 1102, would have to disclose the presence of the batting cages when they sell their property.

Jeff Zabarsky, member of the public, indicated he did not oppose the proposal in principal, but did have concerns about noise issues, security of the area, aesthetics, traffic in the area, and minimal neighborhood participation. He asked that the matter be delayed to allow for neighborhood involvement and review of alternate sites for the cages.

Doug Warmke, President of Sunnyvale Southern Little League, said the League had met with the neighbors, there would be no impact on traffic in the area, and had reviewed alternate sites. Mr. Warmke responded to questions regarding cost, property value impact, portable structures, cost for alternate sites, and benefits to the players.

There being no further public testimony, Mayor Chu closed the public hearing at 9:08 p.m.

Vice-Mayor Swegles moved and Councilmember Hamilton seconded to approve staff’s recommendation for Alternative 1 – approve the revised Master Plan for De Anza Park sports field to include a proposed batting cage facility per Attachment B in the staff report. 

Councilmember Miller made a substitute motion and Councilmember Lee seconded to continue the item to another date to allow the neighborhood, Little League, and staff to meet to look for alternate sites and co-sharing of costs.  Motion failed with Vice-Mayor Swegles and Councilmembers Hamilton, Fowler, and Howe dissenting.

Mayor Chu indicated that he does live in the neighborhood and, for the record, he resides 800-feet from the park, therefore, no conflict exists and he can speak and vote on the matter.

Councilmember Howe offered a friendly amendment to the first motion to extend the implementation of the proposal to the Council meeting of August 23. If an alternate site is selected that the cost be within 115 percent of the original budget of $24,000.  He said that if no alternate sites are selected, the original motion to approve staff’s recommendation would stand.

Vice-Mayor Swegles accepted the friendly amendment with the understanding that if staff determines the August 23 date will not be met, staff is to report back to Council.

Councilmember Hamilton did not accept the friendly amendment.

Councilmember Howe seconded the original motion with the friendly amendment to continue the matter to August 23 to allow staff to continue discussions with the neighbors and the school to look at alternate sites in the areas of De Anza Park and Sunnyvale Middle School and if no alternative sites are selected, the original motion to approve staff’s recommendation would stand. 

Motion failed with Mayor Chu, Councilmembers Fowler, Miller, Hamilton, and Lee dissenting.

Councilmember Lee moved and Councilmember Miller seconded to continue the item to August 23 for further exploration to allow the neighborhood, school and staff to get together to look at alternate sites and ask the Little League to obtain a second cost estimate.

Councilmember Fowler made a substitute motion and Councilmember Hamilton seconded to approve staff’s recommendation for Alternative 1 – approve the revised Master Plan for De Anza Park Sports Field to include a proposed batting cage facility per Attachment B of the staff report.  Motion carried with Councilmembers Lee and Miller and Mayor Chu dissenting.

RECESS CITY COUNCIL

Mayor Chu declared  a recess at 9:48 p.m. and reconvened the meeting at 10:08 p.m.

3.

MOTION

RTC 05-134

Consider Approval of 2005-2010 Consolidated Plan for Submittal to U.S. Department of Housing and Urban Development (HUD)

Annabel Yurutucu, Housing Officer, introduced Jeff Goldman of Cotton Bridges Associates, who assisted in the preparation of the Consolidated Plan.  Ms. Yurutucu presented the staff report and responded to questions including the upgrade of sewer systems in the downtown area, percentage of low and moderate income level within that area, use of CDBG funds for Block 18; Goal D of the Executive Summary, and removal of barriers to affordable housing.

Robert Paternoster, Community Development Director, responded to questions pertaining to Department of Finance population estimates, number of family households, minority concentrations, and the resident survey. He noted that the population estimate as of January 1, 2005 currently in the Plan will be replaced with the most recent update of133,086.

Mayor Chu opened the public hearing at 10:28 p.m.

Nancy Tivol, member of the public, applauded staff on the Consolidated Plan and noted the usefulness of the document for their own strategic plan and for use as a funding tool.

Nancy Smith, member of the public, commended staff on their efforts and the process in reviewing and completing the Consolidated Plan.

Tim Persyn, member of the public, indicated it was a good educational process to be involved with the Consolidated Plan.  He indicated the Plan is a very useful document in showing the ethnic and economic diversity in Sunnyvale, and the low and moderate income needs and seniors within the city.  He expressed support for both the process and the Plan itself.

Chad Steward, member of the public, concurred with the previous speakers. He commended the process and the value gained from the comments made at the various meetings held on the Consolidated Plan.  He expressed support of the Consolidated Plan.

There being no further public testimony, Mayor Chu closed the public hearing at 10:32 p.m.

Councilmember Lee moved and Councilmember Fowler seconded to approve staff’s recommendation to approve the 2005-2020 Consolidated Plan for submittal to the U.S. Department of Housing & Urban Development (HUD) as presented.

Mayor Chu offered a friendly amendment to reflect the minor corrections he noted earlier pertaining to population estimates.  The amendment was accepted.

Motion carried unanimously.

4.

MOTION

RTC 05-135

Consider Approval of FY 2005/2006 Action Plan: Recommendation for Funding of Community Development Block Grant (CDBG) and HOME Funds

Annabel Yurutucu, Housing Officer, presented the staff report and responded to questions including a funding increase/decrease in future years, evaluation criteria used for funding requests, next steps and timelines, eligibility of the City’s senior center lunch program for CDBG funding, duplication of program services, costs for ADA sidewalk installation, funding for sewer infrastructure, the Waddell project, and Christmas in April project.

Robert Paternoster, Community Development Director, explained the process to adopt the HOME and CDBG Action Plan and responded to questions of whether other funds are impacted by the Lakewood Village Neighborhood pilot project.

Mayor Chu opened the public hearing at 11:04 p.m.

Nancy Smith, member of the public, urged the Council to approve the CDBG portion of the proposal and indicated the Housing & Human Services Board’s decisions were based on the assumption that both HOME and CDBG funds would be considered this evening otherwise they may have had different recommendations. She responded to questions.

Chad Steward, member of the public, provided information about Live Oak Services.

Michele Schroeder, member of the public, gave an overview of the services provided by Senior Adults Legal Assistance (SALA) and their collaboration with Sunnyvale Community Services. She asked the Council to support this program next year.

Tim Persyn, member of the public, supported the Commission’s funding recommendations for both CDBG and HOME funds. 

Nancy Tivol, member of the public, provided information about their strategic plan and services provided by the Sunnyvale Community Services.

Tom Mayer, member of the public, expressed concern and commented about the need to pay for the sewer infrastructure out of the Water Treatment and Sewer Enterprise Fund not out of the CDBG funding source.

There being no further public testimony, Mayor Chu closed the public hearing at 11:47 p.m.

Councilmember Fowler moved and Mayor Chu seconded to adopt staff’s recommendation to approve the FY 2005/2006 Action Plan for funding the Community Development Block Grant funds.

Vice-Mayor Swegles moved and Councilmember Miller seconded to approve the Cupertino Community Services funding with no increase. (This motion was withdrawn by the maker).

Vice-Mayor Swegles moved to support the following funding structure:

Cupertino Community Services – remain at $13,937 with no increase

Emergency Housing – increase to $60,000

Methodist Church – reduce to $20,000

Friends of Youth – reduce to $15,000

Health Trust – increase to $15,000

Indian Training Program – reduce to $5,000

Project Match – reduce to $10,633 with no increase from last year

Motion failed due to the lack of a second.

Vice-Mayor Swegles moved and Councilmember Miller seconded to approve the Cupertino Community Services funding at $13,937 with no change from last year.

Councilmember Lee made a substitute motion and Councilmember Hamilton seconded to accept staff’s recommendation for all funding per Alternative 1 – approving the FY 2005/2006 Action Plan appropriating $2,847,531 in CDBG funds and $747,987 in HOME funds (including $328,714 of prior year CDBG reallocations). 

Motion carried with Vice-Mayor Swegles dissenting.

COUNCIL:

Councilmember Hamilton asked staff to look at obtaining grant funding for a child seat safety program.

Councilmember Miller thanked staff for the prompt handling of the weed abatement problem addressed at the last meeting.

At the request of Council, Robert Paternoster, Community Development Director, provided an update on the Town Center Mall Redevelopment project covering staff’s meeting with the developer on an action plan and timelines, the Tentative Map approval, and the demolition process, timeline, and mitigation program. He noted that the developer has set a meeting date of May 17 with the downtown merchants and residents and hopes to come back to the Redevelopment Agency with a mitigation plan for the demolition in mid or late June.

STAFF:

None

·         Tentative Council Meeting Agenda Calendar

·         Housing and Human Services Commission Approved Minutes of March 23, 2005

·         Bicycle and Pedestrian Advisory Committee Unapproved Minutes of April 21, 2005

·         Planning Commission Unapproved Minutes of April 25, 2005

·         RTC 05-139 – Appeal of Planning Commission Agenda of April 25, 2005 and Administrative Hearing of May 4, 2005

There being no further business, Mayor Chu adjourned the meeting at 12:15 a.m.