The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Special Meeting – Study Session regarding Hurricane Katrina Relief Efforts and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:05 p.m., with Mayor Chu presiding.

Mayor Chu led the salute to the flag.

Mayor Chu introduced Doris Harry, director of The Music School, and a recipient of this year's Mayors Award of Excellence, who introduced students from The Music School to perform, and invited Council and the audience to join them in singing The Star Spangled Banner.

Mayor Chu declared September 14 to be National Anthem Day in remembrance, respect and celebration of America's history and to promote the singing of our national anthem. 

Mayor Chu requested a moment of silence in memory of victims and evacuees of Hurricane Katrina and the 4^th anniversary of 9-11.

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

David Kahn, City Attorney

Mary Bradley, Finance Director

Marvin Rose, Director of Public Works

Robert Paternoster, Director of Community Development

Erwin Young, Human Resources Director

Deborah Barrow, Library Director

Charles Schwabe, Deputy City Manager

Mark Bowers, Solid waste Manager

Jack Witthaus, Transportation and Traffic Manager

Steve Lynch, Associate Planner

Annabel Yurutucu, Housing Officer

Therese Balbo, Finance Manager

Lori Gervin, Environmental Division Manager

Sean Tran, Human Resources Analyst

Coryn Campbell, Neighborhood/Community Services Manager

John Pilger, Communications Officer

Katherine Bradshaw Chappelear, City Clerk

• Councilmember Miller announced that the Sunnyvale Neighborhoods Actively Prepare (SNAP) September training program is full and the next disaster preparedness training class will begin on January 19, 2006, and anyone interested should call the Office of Emergency Services of the Department of Public Safety at 730-7190 for further information and registration. 
• Councilmember Howe reported that at the Study Session, Council addressed issues relating to: Hurricane Katrina relief efforts; the City of Sunnyvale's ongoing commitment to an emergency plan that includes training of personnel and volunteers to respond to large-scale emergencies and disasters; the City's participation in November's annual emergency operation exercise to work with surrounding cities to provide a consistent emergency response on a countywide basis; the City's partnerships with outside service groups; and reported the Office of Emergency Services assisted Red Cross relief efforts by deploying two people to the gulf area and others will be sent as soon as their training is completed. 

Mayor Chu opened the public hearing at 7:15 p.m. and there being no public testimony, the public hearing was closed at 7:16 p.m.

Councilmember Miller requested removal of Item 1.G.

Vice Mayor Swegles moved and Councilmember Miller seconded to approve the Consent Calendar, with the exception of Item 1.G.  Motion carried unanimously 7-0.

1.A.

MOTION

Reconsideration of Minutes (Regular meeting of August 16, 2005)

1.B.

MOTION

Approval of Draft Minutes (Regular meeting of August 23, 2005)

1.C.

MOTION

Approval of Information/Action Items – Council Direction to Staff

1.D.

MOTION

RTC 05-257

List of Claims and Bills Approved for Payment by the City Manager (List Nos. 261 and 262)

Staff Recommendation: Review list of bills.

1.E.

RESOLUTION

NO. 181-05

RTC 05-265

Set Date for a Joint Public Hearing of the City Council and the Redevelopment Agency to consider adoption of an Amended and Restated Plan for the Central Core Redevelopment Project Area to Update the Plan and Increase the Tax Increment Collection Limit

Staff Recommendation:  Council adopts the resolution setting October 25, 2005 as the date for a joint public hearing.

1.F.

RESOLUTION

RTC 05-270

Amendment to the Classification Plan and Salary Resolution: Add “Superintendent of Recreation” and Delete “Superintendent of Cultural Arts” and “Leisure Services Manager”

Staff Recommendation: Alternative No. 1: Approve adding the classification of “Superintendent of Recreation” to the Classification Plan and Salary Resolution, and approve deleting the classifications of “Superintendent of Cultural Arts” and “Leisure Services Manager” from the Classification and Salary Resolution.

1.G.

MOTION

RTC 05-259

Award of Request for Proposal No. F0406-72 to Provide Technical Support During the Selection of a SMaRT Station Operator

Staff Recommendation:  Council (1) Awards a contract, in substantially the same form as the attached draft and in the amount of $59,961 to Hilton, Farnkopf & Hobson to provide technical support during the selection of a firm to operate the SMaRT Station from 2008 through 2014; and (2) Approves a project contingency in the amount of $15,039.

Mark Bowers, Solid Waste Program Manager, answered questions from Council regarding the effective dates and schedule of contracts currently in effect, completion of the RFP (Request for Proposals) process; technical assistance to be provided; and project costs.

Mayor Chu asked for public comment at 7:20 p.m.  There were no comments.

Councilmember Miller moved and Vice Mayor Swegles seconded to approve item 1.G.  Motion carried unanimously 7-0.

1.H.

MOTION

RTC 05-258

Award of Contract for Miscellaneous Piping Supplies (F0508-13)

Staff Recommendation:  Council awards a one-year contract, in substantially the same form as the attached draft, in an amount not to exceed $150,000, to Roberts & Brune Company of San Jose for miscellaneous piping supplies.

1.I.

MOTION

RTC 05-264

1.J.

MOTION

RTC 05-260

Approval of Final Map (Tract No. 9634) Fifty-Eight-Unit Residential Condominiums by Avalon Villas, LLC

Staff Recommendation:  Council approves the final map for Tract No. 9634 and directs 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.

1.K.

MOTION

RTC 05-261

Approval of Final Map (Tract No. 9667) – Parkside Villas – Fifty Townhouses by 430 Toyama LLC

Staff Recommendation:  Council accepts the surety bonds, executes the Subdivision Agreement and approves the final map for Tract No. 9667.

1.L.

MOTION

RTC 05-266

Annual Membership Dues for Intergovernmental Association

Staff Recommendation:  Council approves Alternative No. 1: Pay the FY 2005/06 membership dues to the Santa Clara County Cities Association.

1.M.

ORDINANCE

2786-05

Adoption of an Ordinance of the Council of the City of Sunnyvale Amending Section 19.26.200 of the Sunnyvale Municipal Code Regarding Residential Single-Story Combining District(s)

1.N.

Ordinance

2787-05

Adoption of an Ordinance of the Council of the City of Sunnyvale Amending the Precise Zoning Districts Map to Rezone Certain Property Located at 926 South Wolfe Road from R-0 (Low Density Residential) to R-1.5 (Low-Medium Density Residential) Zoning District

Mayor Chu opened the Citizens to be Heard at 7:21 p.m.

Sister Irene Lukefahr of Catholic Charities, the Housing Relocation Specialists designated to serve the residents of Oasis Mobile Manor, gave a brief report and update on the relocation of the residents; shared some of the positive feedback she has received from the residents who have relocated; and informed Council they will maintain a presence at the park to assist the few remaining residents.

Bill Wissel, on behalf of Moffett Field Historical Society, asked the City Council to support their efforts to preserve the history of the Navy, NASA and the area, by saving the historic Hangar One from possible demolition and restoring it for future use as an aerospace museum or to promote aerospace education.  He invited Council to a meeting of the Moffett Field Restoration Advisory Board (RAB) on Thursday, September 15^th at 7:00 p.m. and referred the Council to their website at www.savehangarone.org for further information.  Council acknowledged they were aware of the problems at Hangar One and the Navy's options.  The City Manager informed Council that: staff is working with the City of Mt. View, AMES and Congresswoman Asher to keep apprised of the situation; that at this time they were waiting to receive the Navy's assessment report which will be submitted to Council for review and comment; and a letter in opposition signed by the Mayor would be sent to the Navy.

There being no further public testimony, Mayor Chu closed Citizens to be Heard at 7:38 p.m.

2.

MOTION

RTC 05-272

Improving North-South Routes for Bicyclists Project – Sharrows Traffic Control Feature One-Year Evaluation

Staff Recommendation:  Alternative No. 1:  Accepts the one-year evaluation report of Sharrows Traffic Control Feature and takes no further action.  Staff is reporting back per City Council direction.  After considering BPAC and community input, staff believes that all concerns can be addressed within existing policy, procedures and standards.

Jack Witthaus, Transportation and Traffic Manager, presented the staff report and, with the assistance of Marvin Rose, Director of Public Works, and in response to questions, informed Council that currently there are no guidance measures or statewide standards regarding the types of streets on which sharrows may be used or are most effective and there are no limitations on their specific use.

Mayor Chu opened the public hearing at 7:45 p.m.

Greg McPheeters, President of the Silicon Valley Bicycle Coalition, shared comments and the overall opinion of their members that the convenience of on-street parking conflicts with the need for safety and they prefer bike lanes on major arterials.

Patrick Grant, a member of the public, suggested access to the Stevens Creek Trail at Remington as the most viable north/south route and encouraged the City join Mt. View’s project and presented a “Petition to the City of Sunnyvale to allow and encourage a new study of Sunnyvale’s access to the Stevens Creek Trail”.

Tom Bornheimer, Board President of Friends of Stevens Creek Trail, informed Council that Stevens Creek Trail is moving closer to Sunnyvale and that now is the opportune time to think ahead about connecting with the trail as an alternative bike route that would be safe for everyone.

Amir Bernstein, a member of the public, stated his opinion that Wolfe Road was not safe and he found drivers were ignoring the sharrows and coming up behind bicyclists.

Bill Sheppard, a member of the public, supports a Stevens Creek Trail connector and encouraged Council to assess the feasibility of extending the trail to Sunnyvale which would be a tremendous asset and tie in with the Mary Avenue overcrossing.

Aaron Grossman, Executive Director of Friends of Stevens Creek Trail, stated the sharrows do not give bicyclists enough protection; that bike lanes would be better;  encouraged the City to look into connecting to the Stevens Creek Trail; and suggested that public hearings be held on the matter.

Thom Mayer, Chair of BPAC, supports staff’s recommendation, but stated that Class II facilities should be used as originally requested by BPAC and the City should minimize use of Class III facilities which requires bicyclists to share the roadway with motorists.

Kevin Jackson, a member of BPAC, stated for clarification: that sharrows should not be used just because they are the easiest solution; expressed concerns over the experiments conducted on Wolfe Road and disputed some of the conclusions shown in the tables attached to the RTC; that sharrows are better than nothing but the benefits are minimal; and asked Council to direct staff to conduct an off-street parking survey and report the results.

Public testimony completed and Mayor Chu closed the public hearing at 8:09 p.m.

Council directed questions and comments to staff regarding:  the process for considering a Stevens Creek Trail extension; the location of the signs for the sharrows; Class III and Class II facilities; and on-street/off-street parking.

The City Manager was asked to provide Council with a brief history on the Stevens Creek Trail and Councilmember Miller stated she just sent a comprehensive document to the Director of Public Works on the history that may be of benefit to staff.  In response to a request that staff contact Mt. View regarding their progress with the Stevens Creek Trail project, the City Manager informed Council that staff is tracking the issue and meets with Mt. View on a regular basis and will provide Council with a report.

Public testimony completed and Mayor Chu closed the public hearing at 8:16 p.m.

Vice Mayor Swegles moved and Councilmember Hamilton seconded to accept staff recommendation to approve Alternative No. 1:  Accept the one-year evaluation report of Sharrows Traffic Control Feature and take no further action.  Staff is reporting back per City Council direction.  After considering BPAC and community input, staff believes that all concerns can be addressed within existing policy, procedures and standards.  Motion carried unanimously 7-0.

3.

ORDINANCE

NO. 2788-05

RESOLUTION

NO. 182-05

MOTION

RTC 05-267

Related Proposals for an 8.83-acre Site located at 1250 Lakeside Drive (near Oakmead Parkway)

• Resolution to certify Final Environmental Impact Report; to amend the General Plan and adopt the Lakeside Specific Plan
• Introduction of an Ordinance to amend Sunnyvale Municipal Code Title 19 to add the Lakeside Specific Plan Zoning District and Rezone the site from M-2 (Industrial and Service) to Lakeside Specific Plan (LSP)
• Special Development Permit to allow a 253-room hotel and 244 residential units with structured parking and Parcel Map to allow 244 condominium lots and two common lots

Staff Recommendation:  Certify the Final Environmental Impact Report; approve an amendment to the General Plan; adopt the Lakeside Specific Plan; introduce an ordinance to create the Lakeside Specific Plan zoning district; rezone the subject property to Lakeside Specific Plan; and approve the Special Development Permit and Parcel Map with conditions, including modification to the parking plan.

Steve Lynch, Associate Planner, presented the staff report and, with the assistance of Robert Paternoster, Director of Community Development, responded to questions from Council regarding: the economic report; sliding condition of approval on retail space from 2,000 up to 3,000 square feet; owner occupancy vs. rental occupancy; building height; location of the parking; tandem parking standards; disclosure of the transient occupancy tax (TOT) on the November ballot; parking structures and on-surface parking.

Mayor Chu opened the public hearing at 8:39 p.m. and called applicant Rob Steinberg, President of Steinberg Architects, the project architect, to make an opening statement.  Mr. Steinberg gave a slide presentation providing an overview of the design and project; and addressed the staff report and conditions of approval.  He stated they are fundamentally in agreement with the entire 15-page conditions of approval, but requested two modifications: increase the number of hotel rooms from 253 to 263 which is consistent with cap in EIR and with specific plan; and allow up to a maximum of 30 tandem parking spaces. 

Mr. Steinberg responded to questions from council regarding: location of parking structures and buildings they would be servicing; number of units in each building; aisle widths and dimension; various parking configurations; building height; removal and relocation of trees; additional units/hotel rooms; Transient Occupancy Tax (TOT); square footage; ballroom and meeting room space; construction company; use of local construction workers; identifying toxins and/or asbestos on the site; use of union contractors/workers; retail space and types of retail envisioned; balance of owner occupancy vs. renter occupancy to maintain economic viability; Conditions, Covenants and Restrictions (CC&R’s); Environmental Impact Report (EIR); number of hotel employees; bicycle lockers; location of 10 additional hotel rooms; types and numbers of trees to be removed; reasons for tree removal; landscaping; replacement trees; and clarification of parking diagrams,

Phyllis Osaki, President of GS Management, stated the project would greatly enhance the immediate area and Sunnyvale in general would benefit from having a 4-star hotel and lake with its unique design.

Steve Geiszler, of Flatland Brewing Company, expressed his concerns regarding the number of parking spaces dedicated for the hotel's restaurant and the type of foundation system that will be used.  He suggested they use a mat foundation instead of piles as the noise of driving piles would have a devastating effect on his restaurant business and may force him to close.  He also requested specific conditions to control the dust /dirt and to enforce those conditions.

Neil Struthers, of the Building Trades Council, encouraged the developer to employ local construction workers and stated they support the project.

Jean-Philippe Rollet, of Plaza Suites, supports the project and stated it will bring panache to the area and there is a need for additional rooms in the area.

Tony Spitaleri, a member of the public, stated the project will be great for the City and will help the City meet its goals to bring revenue, housing, and employment to the area and encouraged Council to grant the applicant the additional rooms and parking spaces requested.

Harriet Rowe, a member of the public, thinks it is an exciting project and was happy to see they changed the configuration of the club house to add a kitchenette and bathroom.  She expressed her concerns for the safety of the children using the play area without adequate adult supervision; and does not think the additional height is a problem.

Thom Mayer, a member of the public, stated developer needs to maintain and add bike lanes into and out of the area and provide sufficient parking for bicycles.

Applicant made closing comments regarding: working with neighbors to control noise, dust and movement; using local construction workers; construction of two play areas – 1 for residents and 1 for hotel guests; retaining existing bike lanes; increasing bicycle parking; tree removal and replacement.

Applicant responded to questions and comments from Council regarding: retail space; square footage in various areas; keeping residential units predominantly owner-occupied; issues to be addressed in the CC&R’s;  removal and replacement of trees; dedicated parking for restaurant; type of foundation system; and building height.

Public testimony completed and Mayor Chu closed the public hearing at 10:14 p.m.

Staff responded to further questions from Council regarding: allowable building height; bike lanes; and vehicle/bicycle parking.

Councilmember Howe moved and Councilmember Miller seconded to approve Alternative No. 2: Certify the Final Environmental Impact Report; approve a resolution to amend the General Plan land use designation from Industrial to Lakeside Specific Plan; introduce an ordinance to amend Sunnyvale Municipal Code Title 19 to add the Lakeside Specific Plan Zoning District and Rezone the site from M-S (Industrial and Service) to Lakeside Specific Plan (LSP); and approve the Special Development Permit and Parcel Map with modified conditions of approval including: increasing number of hotel rooms from 253 to 263, allowing thirty tandem parking spaces, pursue conditions to modify the CC&R to encourage owner occupancy.

Councilmember Hamilton offered a friendly amendment to limit the height of the buildings to 78 feet.  Friendly amendment accepted.

Councilmember Fowler offered a friendly amendment to eliminate the 30 tandem parking spaces.  Friendly amendment was not accepted.

After discussion, Councilmember Fowler restated his friendly amendment to direct staff to work with the developer to reduce or eliminate the tandem parking and that the Director of Community Developer is allowed to approve up to 30 tandem spaces.  Friendly amendment accepted.

Councilmember Lee offered a friendly amendment to ask the developer to make best efforts to preserve as many trees as feasible and for the developer to provide a central point of contact for the public regarding the demolition activities.  Friendly amendment accepted.

Vice Mayor Swegles offered a friendly amendment prohibiting owners from renting out their parking spaces unless it is rented to another owner and to increase bicycle parking from 8 to 10 spaces.  Friendly amendment accepted.

The motion carried unanimously 7-0.

RECESS CITY COUNCIL

Mayor Chu called a recess at 10:40 p.m.

Mayor Chu reconvened the meeting at 10:50 p.m.

4.

MOTION

RTC 05-271

Funding Request for a Contribution to the Housing Trust of Santa Clara County and Budget Modification No. 5

Staff Recommendation:  Council approves contribution to Santa Clara Housing Trust Fund.

Annabel Yurutucu, Housing Officer, presented the staff report.

Mayor Chu opened the public hearing at 10:54 p.m.

Carl Guardino, President and CEO of Silicon Valley Leadership, co-founder of the Housing Trust of Santa Clara County, accompanied by Cheryl Serna, Housing Officer, provided a financial update; reported on their successful fundraising efforts; requested Council consider a 3-year pledge; and responded to questions and comments from Council regarding the restrictions imposed by the City.

Public testimony completed and Mayor Chu closed the public hearing at 10:59 p.m.

Councilmember Miller moved and Vice Mayor Swegles seconded to approve Alternative No. 1: Approve Budget Modification No. 5 to appropriate funds from the Housing Mitigation Sub-fund for a contribution of $200,000 to the Housing Trust of Santa Clara County for FY 2005-2006; and Alternative No. 2: Direct staff to include the following specific restrictions on the use of the contribution to be included in the agreement as follows; limited to properties located in Sunnyvale, to first time homebuyers being assisted by the City through its homebuyer programs, and employees supporting the 129^th Air National Guard Reserve Unit.

Vice Mayor Swegles offered a friendly amendment to extend the City's commitment from 1 year to 3 years, if funds are available.  Friendly amendment not accepted.

Councilmember Howe made a friendly amendment to increase the City's contribution from $200,000 to $300,000 in recognition of the need for affordable housing by the 129^th Air National Guard Reserve unit at Moffett Field. Friendly amendment was not accepted.

Councilmember Howe made a substitute motion and Vice Mayor Swegles seconded to approve:

• Alternative No. 2:  Direct staff to include the following specific restrictions on the use of the contribution to be included in the agreement as follows; limited to properties located in Sunnyvale, to first time homebuyers being assisted by the City through its homebuyer programs, and employees supporting the 129^th Air National Guard Reserve Unit; and
• Alternative No. 3: Amend the amount and approve Budget Modification No. 5 to appropriate funds from Housing Mitigation Sub-fund for a contribution to the Housing Trust of Santa Clara County in the amount of $300,000 for FY 2005-2006. 

Councilmember Howe clarified that the intent of his substitute motion was not to increase the financial commitment from $600,000 to $700,000, but to increase the funding from $200,000 to $300,000 for the first year and keep the total commitment at not more than $600,000 over 3 years.  Vice Mayor Swegles reconfirmed his support.

The motion carried unanimously 7-0.

5.

ORDINANCE

NO. 2789-05

MOTION

RTC 05-238

Introduction of an Ordinance to Amend Chapter 3.16 of the Sunnyvale Municipal Code to Clarify the Existing Ordinance, Increase the Responsibilities of Hotel Operators, and Make Minor Amendments to the Existing Ordinance Related to Transient Occupancy Tax

Staff Recommendation:  Alternative No. 1: Adopt an ordinance to amend Chapter 3.16 of the Sunnyvale Municipal Code.

Therese Balbo, Finance Manager, presented the staff report.

Mayor Chu opened the public hearing at 11:17 p.m. There was no public testimony, and the public hearing was closed at 11:18 p.m.

Councilmember Lee moved and Vice Mayor Swegles seconded to approve Alternative No.1: Adopt an ordinance to amend Chapter 3.16 of the Sunnyvale Municipal Code, as recommended by staff. Motion carried unanimously 7-0.

6.

ORDINANCE

NO. 2790-05

RTC 05-256

Introduction of an Ordinance to Amend Chapter 12.60 "Storm Water Management" of the Sunnyvale Municipal Code to Add Hydromodification Plan Requirements and Amend Project Size for Applicability of Treatment Requirements

Staff Recommendation:  Alternative No. 1: Adopt an Ordinance amending Chapter 12.60 and adding Section 12.60.160 to the Sunnyvale Municipal Code to define the applicability of treatment requirements to smaller sized projects and to add the Hydromodification Management Plan Requirements.

Lori Gervin, Environmental Division Manager, presented the staff report and responded to questions from Council regarding Santa Clara Valley Water District involvement.

Mayor Chu opened the public hearing at 11:24 p.m. There was no public testimony, and the public hearing was closed at 11:25 p.m.

Councilmember Miller moved and Councilmember Fowler seconded to approve staff recommendation: Alternative #1: Council adopts an Ordinance amending Chapter 12.60 and adding Section 12.60.160 to the Sunnyvale Municipal Code to define the applicability of treatment requirements to smaller sized projects and to add the Hydromodification Management Plan requirements. 

The motion carried unanimously 7-0.

7.