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APRPOVED MINUTES*
SUNNYVALE CITY COUNCIL
September 20, 2005
The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Special Meeting - Study Session regarding Overview of Proposed Hay Group Management Job Evaluation System 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
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Mayor Chu led the salute to the flag. |
ROLL CALL
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PRESENT: |
Mayor Dean J. Chu
Vice Mayor Ron Swegles
Councilmember Fred Fowler
Councilmember Julia Miller
Councilmember John Howe
Councilmember Melinda Hamilton
Councilmember Otto Lee
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ABSENT: |
NONE |
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STAFF PRESENT: |
Amy Chan, City Manager
Robert Walker, Assistant City Manager
David Kahn, City Attorney
Rebecca Moon, Assistant City Attorney
Don Johnson, Director of Public Safety
Robert Paternoster, Director of Community Development
Trudy Ryan, Planning Officer
Coryn Campbell, Neighborhood and Community Resources Manager
Brian McQueen, Senior Management Analyst
Katherine Chappelear, City Clerk |
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PUBLIC ANNOUNCEMENTS
- Councilmember Howe announced that the League of Women Voters will be hosting a Candidates Forum for Sunnyvale City Council Candidates on Wednesday, October 12, 2005 at 7:00 p.m. in the Council Chambers. He noted that the Forum would be broadcast live on KSUN, with several rebroadcasts at later dates.
- Councilmember Miller announced that she attended the swearing in of the first Vietnamese Councilmember in San Jose, Madison Nguyen, at the new San Jose City Hall. She also noted that San Jose Mayor Gonzales recognized former Sunnyvale employee, Jim Webb, Senior Policy Advisor on Mayor Gonzales’ staff, for serving as Interim Chief of Staff for Dist. 7.
- Mayor Chu announced that the Corruption Eradication Commission from Jakarta, Indonesia is spending the week in Sunnyvale studying how the City of Sunnyvale conducts its municipal operation.
- Laura Babcock, representing the Sunnyvale Historical Society and the Heritage Park Museum Team announced that $1.5 million for the museum project has been raised and that another $100,000 is needed before construction of the museum can begin. She noted that there is a campaign to sell bricks and tiles to be placed in the patio entrance to the museum and encouraged the purchase of these items. She stated that they hope to have their fund raising completed by the end of the year, enabling them to break ground for the museum next spring.
- Bobbe Smirni, founder of the local organization New Frontiers in Prevention of Breast Cancer, noted that Council will be issuing a Proclamation on October 4, 2005, declaring October as Breast Cancer Awareness Month. She stated that throughout October their organization will be sponsoring informational events related to breast cancer including lifestyle issues, DNA implications, environmental factors, causation and prevention. These events will be held at the Church of the Resurrection on Hollenbeck Avenue in Sunnyvale. She thanked the Council for its continuing support of this important program.
CONSENT CALENDAR
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Vice Mayor Swegles requested that Item 1.D. be removed from the Consent Calendar.
Councilmembers Fowler and Miller requested that Item 1.F. be removed from the Consent Calendar.
Mayor Chu noted that Council has been provided with a revised version of the draft minutes of the Council meeting of September 13, 2005 and that it is the revised version being considered for approval this evening.
Vice Mayor Swegles moved and Councilmember Miller seconded to approve the Consent Calendar with the exception of items 1.D. and 1.F.
Motion carried unanimously. |
Fiscal Items
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1.C. |
MOTION
RTC 05-276 |
List of Claims and Bills Approved for Payment by the City Manager (List Nos. 263 and 264 )
Council reviewed list of bills.
| Other Items
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1.D. |
MOTION
RTC 05-277 |
Interim Appointments of Two Former Commissioners to the Heritage Preservation Commission
Vice Mayor Swegles thanked the former Commissioners, Jane Shoemaker and Brian McQueen, for accepting these appointments, allowing the Heritage Preservation Commission to move forward with its business.
Mayor Chu opened the matter to public comment at 7:15 p.m.
There being no one in the audience wishing to speak, Mayor Chu closed the matter to public comment at 7:16 p.m.
Moved by Vice Mayor Swegles and seconded by Councilmember Lee that Council approves the interim appointments of Jane Shoemaker and Brian McQueen to the Heritage Preservation Commission, with their terms ending on December 31, 2005.
Motion carried unanimously. |
| 1.E. |
MOTION
RTC 05-262 |
Adoption of a Citywide Deficiency Plan for Transportation
Council adopted the Draft Citywide Deficiency Plan as prepared by staff. |
| 1.F. |
MOTION
RTC 05-275 |
Clarification of Council Direction for Advisory Committee on Accessibility
Councilmember Fowler noted that this matter was addressed by Council in December and asked what clarification is requested at this time.
Coryn Campbell, Neighborhood and Community Resources Manager, stated that there are some nuances in the original language that could be subject to interpretation.
Councilmember Fowler stated that at the time the Council considered this matter, there was some discussion regarding whether this Committee would be advisory to the Council on policy matters or advisory to the staff on implementation matters. He further stated that the Council had concluded that the Committee on Accessibility would be advisory to staff on implementation matters, as is the Senior Advisory Committee. He asked for further clarification on the question at hand.
City Manager Chan responded that the minutes reflecting this action left a question as to whether this Committee would be advisory to the Council, which would make it subject to the Brown Act, or advisory to the staff.
Vice Mayor Swegles noted that Council had requested that the minutes of this Committee be forwarded to the Council.
City Manager Chan responded that, if this is not a Council committee, Council would not be required to act on minutes of the Committee, but that staff will forward such minutes to the Council as an Information Item.
Discussion was held related to the fact that this Committee is on a one-year pilot basis and the matter would be brought back to the Council in one year for evaluation and consideration of any structure changes at that time.
Mayor Chu opened the matter to public comment at 7:25 p.m.
There being no one in the audience wishing to speak, Mayor Chu closed the matter to public comment at 7:26 p.m.
Moved by Councilmember Fowler and seconded by Vice Mayor Swegles that Council confirms that its intent is to authorize staff to establish and select the Advisory Committee on Accessibility.
Motion carried unanimously. |
| 1.G. |
ORDINANCE
2788-05
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Council adopted Ordinance No. 2788-05 entitled, “An Ordinance of the City Council of the City of Sunnyvale Adding Chapter 19.27 to the Sunnyvale Municipal Code Related to Site and Project-Based Specific Plans, and Establishing the Lakeside Specific Plan District.” (Introduced on September 13, 2005) |
| 1.H. |
ORDINANCE
2789-05 |
Council adopted Ordinance No. 2789-05 entitled, “An Ordinance of the City Council of the City of Sunnyvale Amending Chapter 3.16, ‘Transient Occupancy Tax,’ to clarify Procedures” (Introduced on September 13, 2005) |
| 1.I. |
ORDINANCE
2790-05 |
Council adopted Ordinance No. 2790-05 entitled, “An Ordinance of the City Council of the City of Sunnyvale Amending Certain Sections of Chapter 12.60 of the Sunnyvale Municipal Code entitled, ‘Storm Water Management.’” (Introduced on September 13, 2005) |
Mayor Chu noted that the motion to approve Consent Calendar items 1.A through 1.C., 1.E., and 1.G. through 1.I. included the edited items provided to the Council this evening on Item 1.E. related to the Citywide Deficiency Plan for Transportation.
CITIZENS TO BE HEARD
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No public testimony received. |
PUBLIC HEARINGS/GENERAL BUSINESS
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2. |
RESOLUTION
RTC 05-268 |
Patriot Act – Council Study Issue (DPS #7)
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Don Johnson, Director of Public Safety, presented the staff report, stating that the focus of the proposed Resolution is on search and seizure, and implications of the effect of the Patriot Act on confidentiality of library patron records.
Councilmember Lee asked Director Johnson to confirm that the City of Sunnyvale does not participate in the enforcement of federal immigration matters, does not collect or maintain information related to political, religious, or social matters not related to a criminal investigation, and does not participate in racial profiling.
Director Johnson confirmed that the City of Sunnyvale does not participate in these activities.
Mayor Chu opened the public hearing at 7:34 p.m.
There being no one in the audience wishing to speak, Mayor Chu closed the public hearing at 7:35 p.m.
Moved by Councilmember Lee to approve the proposed Resolution entitled, “A Resolution of the City Council of the City of Sunnyvale in Support of Homeland Security and to Protect Civil Liberties” with the following amendment:
Councilmember Lee moved that Item No. 5 be replaced with:
5.a. The City will not engage the use of City resources or institutions for the enforcement of federal immigration matters that are the responsibility of the federal government;
5.b. The City will not collect or maintain information about the political, religious or social views, associations, or activities of any individual, group, association, organization, corporation, business, or partnership unless the information directly relates to an investigation of criminal activities and there are reasonable grounds to suspect that the subject of the information was, is, or may be involved in criminal conduct; and
5.c. The City will not engage in racial profiling.
Councilmember Lee further moved that the original Item No. 5 become Item No. 6.
Motion was seconded by Councilmembers Miller and Fowler.
Councilmember Lee stated that the Patriot Act had some far reaching and possibly unintended consequences, and that it is important that our civil liberties be protected while we are trying to fight terrorist activities.
Councilmember Miller stated that this is a matter of civil rights and that she fully supports the proposed Resolution as amended.
Councilmember Fowler stated that the proposed Resolution is something of which the City should be proud and emphasized his support of no use of City resources to do federal work, no racial profiling, and no information gathering unless it is part of an investigation. He noted that in 2002, the City was asked by the Director of Homeland Security to have its public safety officers interview selected males, who had not been accused of any crime, but who were of Middle Eastern descent and of a certain age. He stated that he did not support that action. He stated he strongly supports the proposed Resolution as amended.
Motion carried unanimously.
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3. |
ORDINANCE
RTC 05-273 |
Urgency Interim Zoning Ordinance – Moratorium affecting:
• Any “Places of Assembly – Community Serving” Uses in Industrial and Commercial Zoning Districts and
• Any “Amusement and Recreation” Uses in Industrial Zoning Districts
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Trudy Ryan, Planning Officer, presented the staff report and responded to questions by Councilmember Fowler related to the increased volume of applications for “Places of Assembly” and “Amusement and Recreation” uses during the past four years, particularly during the current year. Discussion was held related to the need to place a moratorium on this type of development until the Study Issue on this subject is completed. It was noted that the value of land in residential areas is very high, while the value of industrial land is relatively low; this accounts for the increased interest in “Places of Assembly” uses located in residential zones wishing to relocate to industrial zones.
Councilmember Hamilton asked for clarification of the abbreviations on the tables on page 3 of the staff report.
Councilmember Howe asked, if the proposed moratorium is approved for 45 days plus a potential 10-month extension, what would happen if an existing permit with a three-year expiration expired during the proposed moratorium.
Planning Officer Ryan responded that none of the three-year expirations fall within this timeline.
Councilmember Miller noted that she believes the Study Session on this issue is scheduled for February 2006. She asked why a 45-day plus potential 10-month
moratorium is being considered, and could the moratorium be set at this time to last through February 2006.
City Attorney Kahn replied that a non-urgency moratorium that would go through February 2006 could be considered, but it would take longer to put such a moratorium in place because it would require more stringent noticing requirements than are required by an urgency ordinance. He stated that the law allows an urgency ordinance to be in effect for 45 days during which time the more stringent noticing requirements of a regular ordinance can be met if the Council wishes to extend it after the 45 days for a period of up to ten months.
Mayor Chu opened the public hearing at 7:53 p.m.
Dave Chae, Senior Pastor of the Great Exchange Covenant Church in Sunnyvale stated that his church is located in an industrial area and that they were considering moving to another location because the church has experienced 600% growth. He asked if Council would consider an exception to the proposed urgency ordinance that would allow a church now located in an industrial area to move to another industrial area during the moratorium.
Councilmember Fowler stated that the moratorium is to allow staff to determine a plan that would work for everyone in the long term. He asked Mr. Chae if his church were planning to move within the next 45 days.
Mr. Chae replied that the church is planning to move to a larger facility, but could wait until the Study Issue on this subject is presented next Spring.
Harriet Rowe, resident, stated her support of the proposed moratorium and expressed her concern that “Places of Assembly” occupy too much industrially-zoned space that should be reserved for tax revenue-generating businesses.
There being no one else in the audience wishing to speak, Mayor Chu closed the public hearing at 8:00 p.m.
Councilmember Fowler asked if allowing institutional uses in Industrial and Commercial Zoning districts could impair the legal industrial uses for businesses located near institutional uses.
Planning Officer Ryan replied that it can be difficult for certain industrial uses to operate when non-industrial uses are nearby; that state and federal regulations could create a significant impact on industrial uses under these circumstances.
Councilmember Hamilton moved, and Vice Mayor Swegles seconded that an Urgency Interim Ordinance entitled, “An Urgency Interim Zoning Ordinance of the City Council of the City of Sunnyvale Establishing Moratorium on the Establishment of any ‘Places of Assembly’ in Industrial and Commercial Zoning Districts (M-S, M-3, C-1, C-2, C-3 and C-4 Districts) and any ’Amusement and Recreational Uses’ in Industrial Zoning Districts (M-S and M-3 Districts) from September 20, 2005, through and including November 4, 2005, unless Extended by Further Action of the City Council, to Take Effect Immediately” be read by title only, that further reading be waived and this be declared its introduction.
Councilmember Hamilton stated that since Council will have a full report on this matter in early Spring, it is prudent to enact the moratorium, giving staff and the Council the opportunity to take a close look at the issue.
Vice Mayor Swegles stated that both speakers made good points. He stated that he dealt with this issue as a Planning Commissioner and feels it is important to preserve for commercial use as much of our industrial area as possible.
Councilmember Fowler noted that he will support the motion; stated that these matters have been addressed on a case-by-case basis in the past; agreed that there is now a sense of urgency due to the large number of applications being received.
Motion carried unanimously.
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4. |
MOTION
RTC 05-269 |
Setting a Vision for Community Building and Engagement; Results from June 2005 Community Building Workshop
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Coryn Campbell, Neighborhood and Community Resources Manager, presented the staff report.
Mayor Chu opened the public hearing at 8:10 p.m.
Robert Obrey, representing the Arts Commission on this Task Force, congratulated Neighborhood and Community Resources Manager Campbell on the excellent job she did on the project, thanked the City for offering him the opportunity to serve on this Task Force, and encouraged acceptance of the report.
Nancy Smith, representing the Housing and Human Services Commission on this Task Force, commended staff for its successful completion of this project and recommended acceptance of the report.
There being no one else in the audience wishing to speak, Mayor Chu closed the public hearing at 8:12 p.m.
Councilmember Howe moved and Councilmember Miller seconded the motion that Council accepts the report as presented, including the following vision of an engaged community: “Residents, businesses, community organizations and City officials, representing Sunnyvale’s rich diversity, are active participants in the community. Working together, community members maintain a high quality of life in all Sunnyvale neighborhoods by staying informed about significant issues, communicating effectively, voting, and contributing to community life.”
Mayor Chu and Councilmembers congratulated City Manager Chan, City staff, and members of the community who served on the Task Force on the admirable job done on this project.
Motion carried unanimously.
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5. |
ORDINANCE
RTC 05-274 |
Introduction of an Ordinance entitled, ”An Ordinance of the City Council of the City of Sunnyvale Adopting the Sixth Amendment to the Redevelopment Plan for the Central Core Redevelopment Project Area Pursuant to Health and Safety Code Section 33333.6(e)(2)(D) and Amending Related Ordinances in Connection Therewith”
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Brice McQueen, Senior Management Analyst, presented the staff report.
Councilmember Miller asked if the proposed two-year extension would have any effect on the agreement the City has with Fourth Quarter Properties, Ltd.
Senior Management Analyst McQueen responded that it would not affect that agreement.
Mayor Chu opened the public hearing at 8:17 p.m.
There being no one in the audience wishing to speak, Mayor Chu closed the public hearing at 8:18 p.m.
Councilmember Howe moved and it was seconded by Councilmember Lee that the Ordinance entitled, “An Ordinance of the City Council of the City of Sunnyvale Adopting the Sixth Amendment to the Redevelopment Plan for the Central Core Redevelopment Project Area Pursuant to Health and Safety Code Section 33333.6(e)(2)(D) and Amending Related Ordinances in Connection Therewith” be read by title only, further reading be waived and this be declared its introduction.
Motion carried unanimously. |
NON-AGENDA ITEMS & COMMENTS
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COUNCIL: |
Vice Mayor Swegles announced that the Sunnyvale S.W.A.T. Team would be participating on Thursday and Friday at the “Best in the West” S.W.A.T. Team competition. He noted that they placed fourth nationally last year.
Councilmember Lee requested that Council adjourn this evening’s meeting in memory of Marine Captain Patrick Klokow., a former Sunnyvale resident who served in both Kuwait and Iraq in 2003. Captain Klokow was recently killed in a hit-and-run accident in San Diego.
Councilmember Miller asked about the status of the property appearance complaint related to the storefronts facing Evelyn Avenue across from the Multi-Modal Station.
Robert Paternoster, Director of Community Development, replied that staff is attempting to contact the absentee landlord of the property. He noted that the property is vacant and there are no code violations, but that staff would try to encourage the owner to get the property occupied.
Vice Mayor Swegles noted that he attended the promotion ceremony for three public safety officers, two of whom were promoted to Lieutenant and one to Deputy Chief. He extended his congratulations to the new appointees.
Councilmember Miller stated her support for adjourning this evening’s meeting in memory of Captain Patrick Klokow. She noted that she has known Captain Klokow and his parents for many years and shared that he was a hero in many ways.
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STAFF: |
No comments |
INFORMATION ONLY ITEMS – Received and Filed
ADJOURNMENT
There being no further business, Mayor Chu adjourned the Council at 8:25 p.m. in memory of Marine Captain Patrick Klokow.
Katherine Bradshaw Chappelear
City Clerk |
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