The City Council of the City of Sunnyvale adjourned from a 6:00 p.m. Study Session regarding the Mathilda Overcrossing Project, 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.

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

ABSENT:

Councilmember Otto Lee (excused absence)

STAFF PRESENT:

Amy Chan, City Manager

Robert Walker, Assistant City Manager

Joan Borger, Interim City Attorney

Robert Paternoster, Director of Community Development

Marvin Rose, Public Works Director

Don Johnson, Director of Public Safety

Jim Craig, Superintendent of Field Services, Public Works

Jack Witthaus, Transportation and Traffic Manager, Public Works

Trudi Ryan, Planning Officer

Susan Ramos, City Clerk

• Recognition of Digital Club Network and Film Presentation, “Stories of Service”

Mayor Chu asked Juanita Harris, Librarian of the Adult Services of the Sunnyvale Library, to join him at the podium.  A film of Stanley L. Harris, World War II Veteran, was shown depicting the Tuskegee Airmen’s role in the military and memories of Mr. Harris’ service in the Air Force.  Mayor Chu presented the Digital Club Network members with a  Certificate of Appreciation.

• Santa Clara County Association of Realtors’ 2005 Homewords Essay Contest Award Presentation

Mayor Chu asked Julie Ziemelis from the Board of Realtors to join him at the podium.  Ms Ziemelis introduced Sandra Marin, Mercury News Director, who presented a $750 cash award to Rachel Moll of Cupertino Middle School for her story written for the Homewords Essay Contest.  She thanked Rachel’s Teacher, Jay Richards, for having the students participate in the Essay Contest and presented him with a $500 cash award for his classroom.  Mayor Chu presented Ms Moll with a Certificate of Commendation for winning the Essay Contest.

Mayor Chu announced the Council meeting date of November 22^nd has been changed to November 29^th for the Certification of Election Results and selection of the Mayor and Vice-Mayor.

Mayor Chu 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. Mayor Chu indicated that applicants must be residents 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.

Mayor Chu announced the week of May 15 through May 21^st has been designated by the President and Congress as “National Police Week” with May 15^th singularly designated as “Peace Officers’ Memorial Day.”  Mayor Chu asked all citizens to observe National Police week by remembering and honoring law enforcement officers who have helped to preserve the rights and security of all citizens and asked citizens to attend the Peace Officers’ Memorial service being held on Friday, May 20^th at 12:00 Noon in front of the Sheriff’s Office.

Mayor Chu announced the week of May 15 through May 21^st is Public Works Week and he commended the Public Works employees and all city staff for their daily contributions to Sunnyvale’s health, safety, and quality of life.

Councilmember Miller announced the “Spare the Air” campaign will begin the week of May 24^th and asked residents to help alleviate pollution in the Bay Area.  Councilmember Miller asked if the “Spare the Air” banners had been displayed. 

Dave Whittam, member of the public, announced the Heritage District Neighborhood Association meeting is the first Friday of June at 7:00 p.m. at the Murphy Park Building.  Mr. Whittam indicated the boundaries for the Heritage District Neighborhood are:  north of Old San Francisco Road, south of California, east of Mathilda and west of Fair Oaks. 

No Closed Session Report received.

Mayor Chu announced there are amended Minutes of the May 3^rd, 2005 Closed Session meeting available for the public and the amended Minutes replace the minutes for Item 1.A.

Vice-Mayor Swegles moved and Councilmember Miller seconded to approve the Consent Calendar in its entirety including an amendment to the minutes of May 3 as reflected in a memo from the City Clerk to the Council.  The motion carried unanimously with Councilmember Lee absent.

1.A.

MOTION

Approval of Draft Minutes (Special Meeting of May 3, 2005 and

                                           Regular Meeting of May 10 2005)

1.B.

MOTION

Approval of Information/Action Items - Council Directions to Staff

1.C.

MOTION

RTC 05-145

List of Claims and Bills Approved for Payment by the City Manager (List No. 247)

Staff Recommendation: Review the list of bills.

1.D.

MOTION

RTC 05-144

2005 State of the City

Staff Recommendation: Approve in concept the plans for the State of the City event and approve carryover of allocated but unexpended funds.

1.E.

RESOLUTION

RTC 05-136

Adopt Resolution to Authorize the Filing of Fiscal Year 2005/2006 Transportation Development Act Article 3 Applications for Pedestrian and Bicycle Projects

Staff Recommendation: Staff and the Bicycle Pedestrian Advisory Committee recommend Alternative No. 1: Adopt the resolution authorizing the filing of a project application for the Calabazas Creek Trail Project with the VTA and MTC for allocation of Transportation Development Act funds for FY 2005/2006 for pedestrian /bicycle projects.

1.F.

MOTION

RTC 05-140

Award of Bid (F0402-36) for the Construction of a Bicycle and Pedestrian Trail on Calabazas Creek

Staff Recommendation: Award a contract, in substantially the same form as the attached draft and in the amount of $855,390 to Jones Bros. Enterprises, Inc., for construction of the Calabazas Creek Trail Project, and approve a project contingency in the amount of $121,033.

1.G.

MOTION

RTC 05-147

Award of Contract for Job-Related Medical Services (F0405-66)

Staff Recommendation: Award one-year contract to The Permanente Medical Group, Inc., in the same form as the attached draft and with an option to extend the contract for four additional periods, to provide job-related medical services.

1.H.

MOTION

RTC 05-141

Award of Contract for Hewlett-Packard Hardware and Software Support for Various Financial Systems

Staff Recommendation: Award a one-year contract, in substantially the same form as the attached draft and in an amount not to exceed $74,028 (plus tax) to Hewlett-Packard Company for “Personalized System Support” for HP computer equipment and systems.

1.I.

MOTION

RTC 05-150

Award of Contract for Design and Construction Support Services for Modification of the Heating, Ventilating and Air Conditioning Systems at the Public Safety Building (F0402-34)

Staff Recommendation: Award a contract, in substantially the same form as the attached draft and in an amount not to exceed $117,250, to AEPC Group, LLC, to provide design and construction support services for the modification and improvement of the heating, ventilating and air conditioning at the Public Safety Building.

Dave Whittam, member of the public, spoke regarding American with Disabilities Act (ADA) access to the north side of the Sunnyvale Station platform.  Mr. Whittam indicated he had heard on the news that Sunnyvale will have a representative from the Department of Public Works studying the feasibility of installing a crossing for ADA access to the platform. 

Monica Draganowski Davis, member of the public, commended city staff on the Mathilda overcrossing project.  She noted the Charles Street Neighborhood Association was very excited about the project and they felt the project would allow more room for ADA access, bicyclists, and pedestrians.  She thanked staff for listening to their concerns over the loss of trees and shading in the area and, she concluded by noting the proposed change of Charles Street to a cul-de-sac was acceptable.

2.

RTC 05-152

Study Issue on Fluoridation of Drinking Water

Jim Craig, Superintendent of Field Services, Public Works, presented the staff report and responded to questions pertaining to the testing of a resident’s water supply and who performs the testing.

Mayor Chu opened the public hearing at 7:46 p.m.

Tim Risch, member of the public, acknowledged the contribution of Councilmembers Howe, Swegles, Fowler to help pass Measure S.  Mr. Risch noted he concurred with the staff’s recommendation, and Bay Area Water Supply & Conservation Agency (BAWSCA) would consider fluoridating the water once state funding was received and public input was received on the issue.  Mr. Risch concluded by asking that the City operate the water system in a manner that would maximize the effectiveness of the fluoridation by reducing the mixing of the fluoridated and un-fluoridated streams.

There being no further public testimony, the public hearing was closed at 7:48 p.m.

Councilmember Miller moved and Councilmember Hamilton seconded to approve staff’s recommendation to accept the fluoridated water from San Francisco Public Utilities Commission with no additional fluoridation efforts at this time.  Motion carried unanimously with Councilmember Lee absent.

3.

RTC 05-151

Appeal of an Application for a Parcel Map to Merge Two 1.7-Acre Sites to Allow the Subdivision of Two Existing Industrial Buildings into Eight Individual Industrial Condominium Units on One Common Lot for Sites Located at 256 and 292 Gibraltar Drive in an MP-TOD (Moffett Park Transit Oriented Development) Zoning District

Trudy Ryan, Planning Officer, presented the staff report and responded to questions pertaining to: proposed changes in the language of the Conditions, Covenants & Restrictions (CC&R’s); allocation of and minimum/maximum density in the Moffett Park Specific Plan;  transferring density to another area within the city; stopping the exchange or transfer of development rights; would redevelopment of the property happen earlier if the development rights remained with the property; classification of the property; leasing of the property; proximity of the site to a light rail station; appellant  for the matter; had  applications for additional office space or uses in the Moffett Park area been received, and if so, what the floor ratio was for the application; were condo/office buildings being planned in this area; if the plan before the Council had changed since the review by the Planning Commission; and, would the building that is not sprinklered need to be sprinklered if it were modified.

Mayor Chu opened the public hearing at 8:06 p.m.

Jim Fulton, applicant, spoke regarding the use of the buildings, the  change to separate ownership of the buildings, consistency of the development with the current zoning, condition of the buildings and suitability for existing and proposed uses.  Mr. Fulton noted to rebuild the buildings to meet current codes, it would require the construction of a 4-story building and additional parking or a parking structure and there were site constraints that would not handle that type of development. Mr. Fulton responded to questions pertaining to: tenancy; building classification; preferred number of condominium units; and construction date of the buildings.

Greg Galasso, applicant, spoke regarding the number of challenges faced with the proposal, transferring of development rights, and Class A tenants they are looking to attract to the site.  Mr. Galasso responded to the questions pertaining to: sale of development rights by the individual property owners if the lots were split; transportation issues related to Moffett Park; and whether these buildings were unique at Moffett Park.

Terry Deveau, applicant, spoke regarding the uniqueness of the buildings, noting they are not industrial buildings but they are office buildings constructed of wood and stucco with windows all the way around.  Mr. Deveau stated the buildings were not a typical concrete tilt-up construction.  Mr. Deveau addressed the marketability of the site based on total square footage, and the demand for corporate sites.  Mr. Deveau concluded by noting, in his opinion, if the product was removed from the park it would never be replaced. 

Ron DuHamel, applicant, noted the properties had been vacant for two years and they were working to stimulate interest in this area.  Mr. DuHamel indicated he felt the Specific Plan calls for some flexibility and that is their request  with this proposal. Mr. DuHamel reiterated the site constraints on the parcels and cited the guiding principals in the Specific Plan to support emerging industries and attract businesses to Sunnyvale.

Ted Faravelli, member of the public, asked what impact this development would have on public safety and what the absorption rate was for the proposed project.

Harriett Rowe, member of the public, asked the Council to consider the comments of the Planning Commission or Economic Development Department when making their decision on the proposal.  Ms Rowe also noted she had a concern that one property owner could hold up the sale of the property that could be aggregated with adjacent property to make it viable for Class A space when there was a need for Class A space in Sunnyvale.

There being no further public testimony, Mayor Chu closed the public hearing at 8:44 p.m.

Councilmember Howe moved and Vice Mayor Swegles seconded to approve staff’s recommendation to grant the appeal and deny the parcel map. Motion failed with Councilmembers Hamilton, Fowler, Miller, Mayor Chu dissenting and Councilmember Lee absent.

Councilmember Fowler moved to deny the appeal and uphold the recommendation of the Planning Commission to approve the parcel map with modified recommended conditions including the following: 1) development rights will be owned in common, not individually; and 2) require both buildings have a sprinkler system.

Councilmember Miller seconded with a friendly amendment to change the number of condominium units from eight to six. The amendment was not accepted.

Councilmember Howe offered a friendly amendment to provide prior notification and obtain approval of the city prior to the proposed changes to CC&R’s pertaining to changes to ownership of development rights or the required number of votes to resell the property. The friendly amendment was accepted.

Councilmember Fowler reiterated the motion to deny the appeal and uphold the recommendation of the Planning Commission to approve the parcel map with modified recommended conditions including the following: 1)  CC&R’s be modified to ensure development rights are owned in common and 5/8 of the owners can vote to sell the entire property; 2) require both buildings have a sprinkler system to comply with Condition 1C; and 3) changes to the CC&R’s involving the ownership of development rights or the amount of votes needed to agree to sell, those changes must be approved by the city before they can be enacted.

Councilmember Miller seconded the modified motion.

Mayor Chu made a substitute motion and Councilmember Miller seconded to approve Alternative 3 to deny the appeal and uphold the decision of the Planning Commission to approve the parcel map with modified conditions including the following additional conditions: 1) approve the project with six condominium units instead of eight and the vote needed to approve the resale of the property would be four out of six; 2) CC&R's be modified to ensure development rights are owned in common not individually; 3) both buildings will have sprinkle systems to comply with general condition 1C; 4) changes to CC&R's involving either ownership of development rights or required voting to resell the property must be approved by the City before being enacted.

Motion carried 4-2 with Councilmember Fowler and Vice-Mayor Swegles dissenting and Councilmember Lee absent.

4.

RTC 05-148

Application for Rezone from R-2 (Low-Medium Density Residential) Zoning District to R-2/PD (Low-Medium Density Residential/Planned Development) Zoning District, Special Development Permit to Construct Two Single-Family Homes, and Parcel Map to Subdivide One Lot Into Two Lots at 485 East McKinley

Robert Paternoster, Community Development Director, indicated the Planning Commission continued the matter and staff was requesting the public hearing be continued to June 14, 2005.

Vice-Mayor Swegles moved and Councilmember Howe seconded to continue the public hearing to June 14, 2005.  Motion carried unanimously with Councilmember Lee absent.

5.

RTC 05-149

Application for a Use Permit on a 28,459 Square-foot Site to Allow a Covered Equipment Area for a Total Floor Area Ratio (FAR) of 43% for a Site Located at 715 North Pastoria Avenue in a M-S (Industrial and Service) Zoning District (Mitigated Negative Declaration)

Trudy Ryan, Planning Officer, presented the staff report and responded to questions pertaining to: impact on the number of persons working in the area;  if the asterisks on page 3 referred to variances; and age of the building.

Mayor Chu opened the public hearing at 9:12 p.m.

Mike Graves, applicant, responded to questions pertaining to: type of work that would be done under the covered area; if the number of employees will be increased due to the addition; length of ownership of the building; if additional permits would be required from the city for the changes in operation; how the hazardous water would be moved from the current location to the proposed waste treatment area; if the pipes moving the hazardous water are overhead or underground; and, if the covered area will be enclosed or an open area.

There being no further public testimony, Mayor Chu closed the public hearing at 9:15 p.m.

Vice-Mayor Miller moved and Vice-Mayor Swegles seconded to approve staff’s recommendation to adopt the mitigated negative declaration and approve the application for a use permit with attached conditions as recommended by the Planning Commission.  Motion carried unanimously with Councilmember Lee absent.

6.

RTC 05-143

Gun Amnesty Program – Council Study Issue (DPS #2)

Don Johnson, Director of Public Safety, presented the staff report and responded to questions pertaining to: incentives offered by other agencies for an amnesty program; breakdown of the costs of the program; and whether outside agencies, (i.e. Yahoo, Google) were contacted to help with incentives for the program.

Mayor Chu opened the public hearing at 9:23 p.m.  There being no public testimony, Mayor Chu closed the public hearing at 9:24 p.m.

Councilmember Miller moved and Mayor Chu seconded to approve staff recommendation of Alternative #1 to continue the existing weapon destruction program and promote the program with no additional labor and operated through the Communications Division of the Office of the City Manager; partner with any local law enforcement agency in any future event; and ask staff to contact Yahoo to partner with the City to promote the program on their website.

Councilmember Hamilton offered a friendly amendment to remove the portion about a partnership with Yahoo. The friendly amendment was accepted.

Motion carried unanimously as amended, with Councilmember Lee absent.

7.

RTC 05-157

Approval of Conceptual Design of Frances Street Transit Center Project.

Jack Witthaus, Transportation and Traffic Manager, presented the staff report and responded to questions pertaining to: advertising in the transit center; revenue from advertisers using space in transit shelters; adequate space for bus turn-arounds; a staging location for taxi cabs within the proposed transit center; number of and type of proposed restrooms in the facility; and if the Valley Transportation Authority (VTA) was required to review the plan for the transit mall.

Mayor Chu opened the public hearing at 9:43 p.m. 

Dave Whittam, member of the public, stated he was not in opposition of the project or staff’s recommendation; however, he wanted to make Council aware of some interest in developing ADA access.  Mr. Whittam also voiced a concern about the noise level from the bus stop. Mr. Whittam asked if the noise level exceeds the levels outlined in the Noise Element, and why the project was categorically exempt from CEQA while the Mathilda project required an Environmental Impact Report.

Harriet Rowe, member of the public, asked if the plan for Greyhound to remove Sunnyvale from their service area were considered during the review of this project and the location of the proposed transit center.

Tom Mayer, member of the public and Bicycle & Pedestrian Advisory Committee (BPAC) Chair, indicated BPAC did review the project and made a recommendation that a public restroom be provided at the facility because of the lack of public facilities in the downtown area.  He asked the Council to consider using revenues generated from advertising in the facility to help pay for the cost of a public restroom at the facility.

There being no further public testimony, Mayor Chu closed the public hearing at 9:51 p.m.

Vice-Mayor Swegles moved and Councilmember Howe seconded to approve staff’s recommendation for Alternative #1 to approve the conceptual design of the Frances Street Transit Corridor consistent with the alternatives would consist of the following elements: 1. Mid-block Crosswalk - Option A – Include a mid-block crosswalk with a bulb-out on the east side of Frances Street only. Colored pavement emulating a bulb-out will be placed on the west side of the street. The west side bus stop will be located south of the Plaza del Sol. Staff believes that this option will provide a high level of safety and visibility for pedestrians without requiring the need for a bus to stop adjacent to the Plaza; 2. Seat Wall - Option A- Include a curvilinear seat wall in the conceptual design. Staff believes that the curvilinear wall integrates with the curvilinear features of the adjacent Plaza better than the rectilinear design, and is more visually interesting. No seat wall would allow unimpeded access from the adjacent parking lot, which would create an issue with ongoing damage to landscaping; 3. Bus Shelters - Option A - Custom shelters integrated with the architectural elements of the plaza and Sunnyvale Multimodal Station. Staff believes that shelters are a primary feature of this project that create a sense of place, provide a pedestrian amenity, contribute greatly to a quality streetscape, and integrate the transit center with the other recently completed public facilities in the area; 4. Restroom, Number, Designation and Maintenance - Option A- Include a VTA driver’s only facility as part of the conceptual design. This would consist of one unisex restroom that would be open to VTA drivers only. The VTA will maintain the restroom. The plaza restroom is not programmed to be built until 2012/13. The only public restroom in the downtown would be at the Caltrain Station for approximately the next 9 years. However, staff believes an ultimate configuration of the Plaza/Multimodal area with 3 public restrooms is excessive and costly from a maintenance standpoint. Therefore staff recommends that the Frances Street Transit Center project be constructed with a VTA driver facility only, additional public restroom facilities would be deferred until the Plaza restroom is funded; 5. Restroom Location - Option A – Locate the restroom facility on the east side of Frances Street, mid-block in a parking lot bulb-out. This would require the removal of between 2 and 4 parking spaces in the Frances Street parking lot. Staff believes that an architecturally pleasing structure can be provided in this location, and that the facility will function much more conveniently and safely in this location; 6. Restroom Building - Option A – Pre-cast structure with custom architectural elements. This option is estimated to cost $60,000. Staff believes that a high quality, architecturally pleasing structure can be constructed from the Pre-cast structure. The staff recommendation is based on this assessment and the significant cost difference; 7. Bus Shelter Advertising - Option A – Do not incorporate advertising into the conceptual design. This would be consistent with City policy for outdoor advertising. The outdoor advertising policy is well established in the City, and is specifically intended to improve aesthetics in highly public places like the Downtown and Plaza del Sol.  Negotiation of cost offset for maintenance with an advertising company does not assure that shelter maintenance needs would be met; 8. Cappella Way Parking Lot Configuration - Option A- Reconfigure the parking lot on Cappella Way in order to close off the driveway onto Frances Street to allow for additional linear space for the bus stop. Staff recommends this option because it will allow both southbound buses to stop south of the plaza without the loss of parking; 9. Display of Information - Option A – Include one vertical information panel atop the east side seat wall for the display of a downtown map and other related City information. Build in the potential for a second panel in the future for additional City information or advertising. Staff anticipates the need for only one panel in the short term in order to place a map of Downtown and other downtown information; and, 10.  Monument Sign - Option A – Do not include a monument sign as part of the Conceptual Design. Staff and the consultant believe that there is already adequate monumentation in the vicinity at the Sunnyvale Multimodal Station and Plaza and that the Transit Center will integrate with the rest of these features and not need to be formally designated as an individual place.  Motion carried unanimously with Councilmember Lee absent.

COUNCIL:

Councilmember Miller requested staff to include in the Friday report or agendize on a future Council agenda, an item pertaining to the legal requirement to provide the public with Council e-mail addresses.

Councilmember Miller requested staff to agendize an item for a future Council meeting pertaining to the City’s continuing contribution to the housing trust fund through the Silicon Valley Leadership Group.

Councilmember Miller requested the Budget hearing be changed from June 21, 2005 to June 14, 2005 due to a conflict on the June 21^st date.

Councilmember Hamilton thanked staff for the prompt follow-up on the trucks parking along El Camino by the Circuit City and Toys-R-Us retail center.

Mayor Chu announced the Sunnyvale State of the City will be held on Monday, July 4^th at 11:00 a.m. at Washington Park.

STAFF:

No comments received.

·         Tentative Council Agenda Calendar

·         Board of Library Trustees Unapproved Minutes of May 9, 2005

·         RTC 05-146 – Special Appeal Report of the Administrative Hearing Agenda of May 4, 2005

Councilmember Miller adjourned the regular City Council meeting at 10:07 p.m. in memory of Oresete “Rusty” Allario.