APPROVED MINUTES
SUNNYVALE CITY COUNCIL

October 25, 2005

 

 

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.

SALUTE TO THE FLAG

Mayor Chu led the salute to the flag.

ROLL CALL

 

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

David Kahn, City Attorney

Robert Paternoster, Community Development Director

Trudi Ryan, Planning Officer

Marvin Rose, Public Works Director

Mary Bradley, Finance Director

Gerri Caruso, Principal Planner

Jack Witthaus, Transportation and Traffic Manager

Brice McQueen, Redevelopment Manager

Elaine Wesely, Finance Manager

Katherine Bradshaw Chappelear, City Clerk

 

CLOSED SESSION REPORT

Mayor Chu reported that the City Council met in Closed Session related to the Employee Performance Evaluation of the City Manager on October 20, 2005 pursuant to Government Code Section 54957 5.  Mayor Chu congratulated City Manager Amy Chan on her exceptional performance.

 

PUBLIC ANNOUNCEMENTS 

   Councilmember Howe announced that on Thursday, October 27, 2005 at 6:00 p.m. the Fremont Union High School District Education Foundation will be holding its annual dinner at the Del Monte Building.  He noted that this is the first time the Foundation has held its dinner in Sunnyvale.

CONSENT CALENDAR 

Councilmember Miller asked that items 1.I. and 1.N. be removed from the Consent Calendar.

 

A member of the public asked that item 1.L. be removed from Consent Calendar.

 

City Manager Chan stated that the minutes do not reflect Council action related to eliminating the waiting period which must pass between a person’s death and their having a park named after them.  She suggested that a motion be made to correct the minutes.

Moved by Councilmember Howe and second by Councilmember Miller that the Consent Calendar, with the exceptions of 1.A., 1.I., 1.L., and 1.N. be approved.  It was further moved that 1.A., Consideration of Minutes of the Regular City Council meeting of October 18, 2005, be continued until November 1, 2005.  Motion carried unanimously, with Vice Mayor Swegles indicating he is abstaining from the vote related to the October 18, 2005 minutes because he was not in attendance at that meeting.

 

1.A.

Consideration of Minutes of the Regular City Council meeting of October 18, 2005

 

Council continued consideration of the minutes of the regular City Council meeting of October 18, 2005 to November 1, 2005.

 

1.B.

Information/Action Items – Council Direction to Staff

 

Council approved the information/action items.

Fiscal Items

1.C

RTC 05-308

 

List of Claims and Bills Approved for Payment by the City Manager (List No. 269)

 

 

Council reviewed the List of Claims and Bills approved for payment by the City Manager (List No. 269)

 

1.D

RTC 05-321

FY 2004/2005 Project and Equipment Carryover Report and Budget Modification No. 6

 

 

Council approved Alternative 1, Budget Modification No. 6 appropriating funds outlined in the staff report and detailed in Attachments A, B, C, and D of the report.

 

1.E.

RTC 05-320

Budget Modification No. 10 Related to Estimated Costs for Consolidation of the 2005 Election with the County of Santa Clara

 

 

Council approved Budget Modification No. 10 to cover the cost of the City’s pro-rata share of the 2005 election costs.

 

1.F.

RTC 05-314

 

City of Sunnyvale Investment Report – 3rd Quarter

 

 

Council received and filed the City of Sunnyvale 3rd Quarter Investment Report.

Contracts

1.G

RTC 05-315

Award of Bid No. F0508-09 for Roof Replacements at Lakewood and Murphy Parks

 

 

Council awarded a contract, in substantially the same form as the draft attached to the staff report, in the amount of $130,963 to Shelton Roofing Co., Inc., for the Lakewood Park and Murphy Park Roof Replacement Project; Council also approved a project contingency in the amount of $19,644.

 

 

1.H.

RTC 05-317

Award of Contract to Provide Weekday Lunches and Cater Special Events for Seniors at the Sunnyvale Senior Center

 

 

Council awarded a two-year contract to Basil S. Salah doing business as Culinary Magic Catering, in substantially the same form as the draft attached to the staff report, in an amount not to exceed $170,000 to provide weekday lunches and cater special events for seniors at the Sunnyvale Senior Center.

 

1.I

RTC 05-306

Award of Contract to Provide Engineering and Landscape Design Service Related to Improvements on the North Side of the Sunnyvale Caltrain Station (F0510-22)

 

 

Elaine Wesely, Finance Manager, stated that she and Jack Witthaus, Transportation and Traffic Manager are available to answer any questions the Council may have.

 

Councilmember Miller congratulated staff for bringing this project forward and asked about the schedule for implementation and whether there would be funding for the actual improvements.

 

Manager Witthaus stated that the services outlined in the proposed contract would take six to nine months to complete.  He noted that, upon completion of this phase, the City would be applying for capital construction funding through the VTA Community Design and Transportation Program.

 

Mayor Chu opened the matter to public comment.

 

There being no one in the audience wishing to speak, Mayor Chu closed the matter to public comment.

 

Moved by Councilmember Miller and seconded by Councilmember Howe that Council award a contract, in substantially the same form as the draft attached to the staff report, in an amount not to exceed $100,000 to HNTB Corporation to provide engineering and landscape design services for improvements on the north side of the Sunnyvale Caltrain Station.

 

Motion carried unanimously. 

 

 

1.J

RTC 05-310

Rejection of Bids for Replacement of Fire Protection Alarm and Halon Systems at Various City Buildings (F0507-06)

 

 

Council rejected the only bid received in response to Invitation for Bids No. F0507-06 for the replacement of fire protection alarm and halon systems in various City buildings and directed staff to modify bid specifications and rebid this project at some future date.

Personnel

1.K.

RESOLUTION

RTC 05-318

Salary Resolution – Fiscal Year 2005-2006

 

 

Council adopted the Salary Resolution entitled, “A Resolution of the City Council of the City of Sunnyvale Establishing Pay and Benefits for All City Employees and Rescinding Resolution No. 131-04” to incorporate updates and the necessary corrections to maintain current information in this document, including:

  • Section 5.045. Interim/Acting Pay. Management to provide the City Manager flexibility in the designation of pay when appointing employees to a management or executive vacant position on an interim basis;
  • Section 5.048. Y-Rating Pay to provide the City Manager with authority to temporarily pay an affected employee at a former salary rate when the City allocates his/her position to a classification with a lower salary rate than the position was formerly receiving; and
  • Section 2.5000. Assignment of Pay Ranges and Rates to Pay Plan – Category H  recommending an increase from the current range ($6.75 to $40.00 per hour) to a proposed range ($6.75 to $75.00 per hour) to accommodate hourly salaries that, due to market conditions, need to be paid to attract Unclassified temporary new hires (Recreation Instructor/Official) to teach specialized classes.
Other

1.L.

RTC 05-305

Approval of Final Map (Tract No. 9676) – Classics at City Park – 130 Townhouses by SCC-Canyon II, LLC.

 

 

Mayor Chu opened the matter to public comment.

 

Harriet Rowe stated that, even though this is a single-family home development, she feels that a community room should still be required.

 

Bob Paternoster, Director of Community Development, clarified a conversation he had earlier with Mrs. Rowe.  He stated that the subject project has a community room; the Centex project, which will be addressed later this evening, does not have a community room.

 

Mrs. Rowe thanked staff for the clarification.

 

Mayor Chu closed the matter to public comment.

 

Moved by Councilmember Howe and seconded by Councilmember Miller that Council approve the final map for Tract No. 9676 and direct staff to forward the final map for recordation upon developer’s execution of the subdivision agreement, submittal of improvement securities, payment of development fees, and other documents deemed necessary by the Director of Public Works.

 

Motion carried unanimously.

 

1.M.

RTC 05-291

Ratification of Council Intergovernmental Committee Appointment.

 

 

Council ratified Vice Mayor RonSwegles’ appointment to the Air Force Space Command’s Commander’s Group.

 

1.N

RTC 05-313

Approval of Confirmation of New Members to the NOVA Workforce Board

 

 

Councilmember Miller noted that she has served on the Board’s Nomination and Selection Committee for eight years and is pleased with the two persons being appointed at this time, particularly because they are Sunnyvale residents.

 

Mayor Chu opened the matter to public comment.

 

There being no one in the audience wishing to speak, Mayor Chu closed the matter to public comment.

 

Moved by Councilmember Miller and seconded by Councilmember Howe that Mr. Anthony Redmond and Mr. Sid Wilkins be appointed to four-year terms on the NOVA Workforce Board.

 

Motion carried unanimously.

Staff Responses to Prior Public Comments

City Manager Amy Chan noted that, in response to complaints received from residents on Washington Street regarding noise problems from cars, loud music, and offensive language, the Department of Public Safety has maintained a higher profile in the area which has resulted in a significant reduction in these problems.  Residents have indicated that they are now able to enjoy being outdoors and are appreciative of the City’s response to their complaints.

PUBLIC COMMENTS

 

  • Chester A. Hargett stated his concerns about speeding and running of stop signs in Casa de Amigos Mobile Home Park and asked if the City could be of some assistance in addressing this problem.

Councilmember Lee asked City Attorney David Kahn if he is aware of a new state law related to traffic issues in mobile home parks.

 

City Attorney Kahn stated that he would look into it.

 

Vice Mayor Swegles stated that he is familiar with the law referred to by Councilmember Lee and stated that there are remedies available, including calming devices, trailer devices that clock vehicles’ speeds, and volunteer programs.  He noted that there are procedures that must be followed in order to allow police officers to issue tickets in a mobile home park, including the conduct of a traffic engineering study.  He offered to meet with the Casa de Amigos Mobile Home Park Association in an effort to address this problem.

 

City Manager Chan stated that the Department of Public Safety Traffic Division can provide information to mobile home park residents related to the concerns voiced by Mr. Hargett.  She suggested that staff coordinate a meeting with the residents of Casa de Amigos Mobile Home Park to educate them as to what they can and cannot expect the City to be able to do.  She noted that staff would advise Vice Mayor Swegles when the meeting is scheduled.

  • Mei Ling Stefan stated her concerns related to the process by which the City Council and Planning Commission addressed her appeal on the placement of a cellular tower.

City Manager Chan stated that staff would respond to Ms. Stefan’s concerns at the next Council Meeting.

  • Sean O’Keeffe, owner of Scruffy Murphy’s on Murphy Street stated that there are two planter boxes, a trash can, an ashtray, and an electrical box outside his establishment which impedes his ability to offer sidewalk service to his customers.  He noted that it is anticipated that there will be a 10% - 15% drop in revenue during the scheduled mall demolition, and that these issues combined are very harmful to his business.  He asked if the City could assist him in removing some of the mentioned obstructions from the front of his business.

Councilmember Miller stated that she has had conversations with staff about this matter and asked it the ashtray could be removed.  She asked that staff report back to the Council on this item at the next Council meeting.  She noted that there will be an item on the November 22 City Council agenda related to beautification of South Murphy Street.

 

Councilmember Hamilton asked that some interim solutions be provided at the November 22 meeting to alleviate some of the problems addressed by Mr. O’Keeffe before full implementation of the beautification program could take place.

 

There being no one else in the audience wishing to speak, Mayor Chu closed the Public Comments section of the agenda.

PUBLIC HEARINGS/GENERAL BUSINESS 

2.      

ORDINANCE

RESOLUTION

RTC 05-311

Centex Homes (Applicant) Dubrovnik Properties LLC (Owner): Application for Related Proposals to Allow 55 Single-Family Homes on a 4.8-Acre Site (Oasis Mobile Home Manor) Located at 610 Alberta Avenue (near Hollenbeck Avenue) in an RMH (Residential Mobile Home) Zoning District

 

 

Gerri Caruso, Principal Planner, presented the staff report.

 

Councilmember Lee asked for clarification of the different number of guest parking spaces being approved by the Planning Commission and being recommended by staff.

 

Planner Caruso stated that originally the number of guest parking spaces was 14, and that the Planning Commission reduced the number to 8.  She noted that staff is still recommending 14 parking spaces and is also recommending that 53, rather than 55 homes be built, allowing more space for guest parking.

 

Councilmember Lee asked for clarification of the different street width as approved by the Planning Commission and that being proposed by staff; also how the movement of emergency vehicles is being addressed.

 

Planner Caruso stated that when the sidewalk design was originally submitted, the sidewalks meandered up into the front yards across the driveways.  The applicant changed the design of the sidewalk, to where it is delineated at the same level as the street, with a different paving pattern, and is placed within the existing 20-foot vehicle way.  She stated that after considering traffic, fire, and solid waste issues, it is determined that the street must be 24.5 feet wide to accommodate the new sidewalk design.

 

Councilmember Hamilton asked if this street/sidewalk design is used anywhere in Sunnyvale at this time.

 

Planner Caruso stated that this is the first time this design would be used in Sunnyvale.

 

Councilmember Howe asked if the proposed sidewalk would be constructed to the same standards as the street as far as being able to accommodate the weight of trash trucks and emergency vehicles.

 

Planner Caruso replied that the sidewalk would have to be designed to hold the weight of these vehicles.

 

It was clarified that the applicant wanted the entire street, including the sidewalk, to be 20 feet wide; the Planning Commission and staff are requiring that the entire street, including the sidewalk, be 24 feet wide.

 

Councilmember Hamilton asked how parking on the sidewalk would be prevented.

 

Planner Caruso stated that the homeowners association would enforce the non-parking on the sidewalk.

 

Councilmember Hamilton stated that she considers the proposed design to be a safety problem.

 

Planner Caruso stated that the Building Code requires that there be a stripe along the sidewalk and the placement of raised domes to delineate the sidewalk from the street, but that it is conceivable that cars could or would drive on the sidewalk.

 

At 8:03, Mayor Chu opened the public hearing.

 

Mr. Jeff Jacobs, representing Centex Homes, provided a brief history of the development of the proposed project and stated that he wanted to address the issues discussed earlier this evening as follows:  He stated that it is his understanding that the Planning Commission had approved the street/sidewalk area to be 20 feet wide.  He stated that the Planning Commission lowered the number of guest parking spaces from 14 to 8.  He stated that, while the site has some challenges, they were able to achieve reasonable density, two-car driveways, and sizeable back yards.

 

Councilmember Miller asked if a 20-foot wide street could accommodate emergency vehicles.

 

Mr. Jacobs stated that it is the width of a fire lane and can accommodate such vehicles.

 

Vice Mayor Swegles asked for clarification as to what street width was approved by the Planning Commission.  He stated that he thought it was 20 feet.

 

Planner Caruso stated it is staff’s understanding that the Planning Commission supported staff’s recommendation for the wider street.

 

Discussion was held regarding the shared side yards, maintenance of garages, and placement of trash cans.

 

Councilmember Lee asked for an update on relocation of mobile home park residents from this site.

 

Mr. Jacobs replied that 15-20 mobile homes have been removed from the site; all but six families have relocated; assistance in relocation is being provided to those remaining residents.

 

Werner Gans stated that the proposed project will result in less affordable housing in Sunnyvale and will encourage other mobile home park owners to sell their property to developers for projects similar to the one being proposed.

 

Harriet Rowe expressed her dissatisfaction with the proposed project.

 

David Simons, Planning Commissioner, stated that he was interested in establishing the least amount of space for street use while maximizing the amount of space for non-street use.  He noted that this matter would be the subject of a Study Issue next year.

 

Councilmember Hamilton asked Mr. Simons if he would clarify what the Planning Commission’s intent was related to this project.

 

Mr. Simons responded that his motion was to remove excess parking and approve 55 units being constructed.  Regarding street width, he stated that he wanted to know what the minimum required street width would be.  He stated that his recollection is that the intent was to approve the 20-foot street, but that was not spelled out in the motion.

 

Arthur Schwartz stated that he considers the proposed plan to be an ill-conceived project in that the homes are too large for the lots.

 

Councilmember Fowler asked staff where the closest park or public open space is located in relation to the proposed project.

 

Planner Caruso replied that Serra Park is the closest.

 

Discussion was held related to constructing the street with a pervious product.  Mr. Jacobs stated that, since the utility lines are located under the street, it is preferable to use a non-pervious product for the street portion and a pervious product for the sidewalk.

 

Councilmember Miller asked for information related to pricing, building materials, and colors.

 

Mr. Jacobs stated that pricing would be dictated by what the market is when this project would be completed, which would be approximately 1-1/2 years.  He said they would be in the neighborhood of $700,000 to $900,000.

 

Emily Bennato, with the Dahlin Group Architects, described the various building materials, colors, and architectural styles being proposed.

 

Councilmember Miller asked if green building techniques are being proposed.

 

Mr. Jacobs stated that Centex is in the forefront of green building techniques and that their projects meet and exceed current criteria for this area.

 

At 9:02, Mayor Chu closed the public hearing.

 

Mayor Chu asked staff to comment on the street-width issue.

 

Planning Officer Trudi Ryan stated that staff recommends the 24-foot street width which includes sidewalks on each side of the street.

 

Moved by Vice Mayor Swegles and seconded by Councilmember Howe that Council approves Alternative No. 1:  Adopt the Mitigated Negative Declaration.  Adopt a resolution to amend the General Plan from Mobile Home Park to Low-Medium Density Residential.  An Ordinance entitled, “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 610 Alberta Avenue from MHP (Mobile Home Park) to R-2/PD (Low-Medium Density Residential/Planned Development) Zoning District” be read by title only, further reading be waived and this be declared its introduction.  Approve the Special Development Permit and Tentative Map with attached conditions as recommended by staff to include 53 units and 12 guest parking spaces.  It was further moved that the street be 22 feet wide.

 

Councilmember Hamilton asked if it would be possible to raise the grade of the sidewalk to the grade of the yard.

 

Planner Caruso replied that it would require a rolled curb, with accompanying design revisions.

 

Planning Officer Ryan stated that the rolled curb approach would impact the “shared” space that could be used by emergency vehicles.

 

Councilmember Lee offered a friendly amendment to reduce the number of units from 55 to 53.

 

Vice Mayor Swegles did not accept the friendly amendment.

 

Councilmember Fowler asked for clarification on the motion.  It was clarified that the motion is for 55 units, 12 guest parking spaces, and for the street to be 22 feet wide.

 

Councilmember Hamilton offered a friendly amendment to split the motion, separating the Special Development Permit and Tentative Map with Attached conditions from the rest of the proposals in Alternative 1.

 

Vice Mayor Swegles did not accept the friendly amendment.

 

Councilmember Lee stated that he will not support the motion for several reasons, including that the project lowers the number of affordable houses available in Sunnyvale and the houses are too large for the lots.

 

Councilmember Hamilton stated she supports rezoning of this property, but does not support this project because of various issues including parking and safety issues.

 

Councilmember Fowler stated that, while he is not comfortable with some of the elements of the project, he prefers it to having apartments built on this site.

 

Councilmember Howe offered a friendly amendment that the motion include the requirement that it is mandatory that residents maintain their garages for parking, and that this requirement is included in the CC&R’s or that the Homeowners Association is responsible for seeing that garages are maintained for parking.

 

The friendly amendment was accepted by Vice Mayor Swegles.

 

Mayor Chu noted that consumers now prefer single-family homes to higher density multi-family units.  He stated that he believes this is an appropriate project for this area.

 

Motion carried 5-2, with Councilmembers Lee and Hamilton opposed.

 

 

3.

ORDINANCE

RTC 05-297

Extension of Moratorium on Places of Assembly in the Commercial/Industrial Zoning Districts and Amusement/Recreation Uses in Industrial Zoning Districts

 

 

Planning Officer Ryan presented the staff report and noted that there is an error in the proposed Ordinance and will be corrected as follows:  In the third “whereas” in line one, the reference to the “Downtown Specific Plan” should be “Moffitt Park Specific Plan.”

 

Discussion was held regarding applicability of the moratorium on pending applications.  Councilmember Miller particularly asked about the effect of the moratorium on the property located at 850 Stewart Drive.

 

Planning Officer Ryan replied that Mr. Chiang had made inquiries related to this project, but that no application has been made

 

City Attorney Kahn stated that Council could not exempt this particular project from the moratorium, but could exempt all educational places of assembly, which would be a change from the original moratorium.

 

Councilmember Fowler, asked if the Study Issue on this matter is going to come before the Council in March, why is the moratorium going to last for ten months.

 

Planning Officer Ryan responded that it allows a buffer of time; the Council can cancel the moratorium after the Study Issue matter is completed.

 

At 9:45 p.m. Mayor Chu opened the public hearing.

 

Kevin Chiang, architect for the American Chinese Evangelical Seminary, stated that he did not feel his client had been treated fairly.  He stated that the proposed use of his project is not that of a school.

 

Councilmember Howe, asked if Council chose to exempt places of assembly for educational purposes, would such applications be subject to Council approval.

 

Ryan replied that it would depend on the size of the use; if an environmental review were required, it would start at the Planning Commission; if it were a project the size of Mr. Chiang’s, it would be addressed at an Administrative Hearing.

 

Thomas Wang asked that educational uses be exempt from the proposed moratorium.

 

Lawrence Chan stated that the moratorium is targeted at places of assembly with large gatherings, but that the ACES would not generate a lot of people and should not be included in the moratorium.

 

Emmanuel Hung stated that he supports a gap between the urgency ordinance and its extension.

 

Jack Yuan stated that the ACES would be a positive influence in the City.  He does not feel that it should fall within the moratorium.

 

Councilmember Fowler asked Mr. Yuan to describe what kind of activity will take place at this site.

 

Mr. Yuan stated that activities will includes lectures and production of tapes and books.

 

Councilmember Fowler asked staff if that would change the use to allow it to be outside the moratorium.

 

Planning Officer Ryan stated that if there was still assembly of persons involved, it would fall under the moratorium.