APPROVED MINUTES

SUNNYVALE CITY COUNCIL

April 11, 2006

 

NOTE: Pursuant to Government Code Section 54953, Subdivision (b), this meeting included  teleconference participation by Vice Mayor Lee from 2 Tak Shing Street – Flat 3D, Kowloon, Hong Kong.  The meeting Notice and Agenda were posted at the teleconference location; public comment from such address was allowed.

 

The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Closed Session pertaining to:  Conference with Legal Counsel – Anticipated Litigation – Pursuant to Government Code Section 54956.9 (b); Significant Exposure to Litigation:  1 Potential Case and a 6:00 p.m. Study Session pertaining to:  Status Report on Recycled Water in Sunnyvale: History, Progress, Goals, Costs, Funding, Master Plan and Outlook and met in Regular Session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:00 p.m., with Mayor Swegles presiding.

 

SALUTE TO THE FLAG

 

Mayor Swegles led the salute to the flag.

 

ROLL CALL

Pursuant to Government Code Section 54953, Subdivision (b), all votes taken during a teleconferenced meeting shall be by roll call

PRESENT:

Mayor Ron Swegles

Vice Mayor Otto Lee (via teleconference)

Councilmember John Howe

Councilmember Dean J. Chu

Councilmember Melinda Hamilton

Councilmember Christopher Moylan

ABSENT:

Councilmember Anthony Spitaleri (Excused)

STAFF PRESENT:

Amy Chan, City Manager

David Kahn, City Attorney

Robert Paternoster, Director of Community Development

Marvin Rose, Director of Public Works

Katherine Bradshaw Chappelear, City Clerk

 

SPECIAL ORDER OF THE DAY

 

  • Proclamation:  Earth Day Recognition

Mayor Swegles presented to Marvin Rose, Director of Public Works a proclamation in recognition of Earth Day.  There will be an Earth Day Healthy Home Workshop Series beginning Monday, April 17 at the Library Program Room and the Annual Garage Sale Day / Re-use Event will be held on Earth Day, April 22.

 

  • Proclamation:  Green Business

Mayor Swegles recognized businesses in Sunnyvale that have achieved Green Business Certification.  Zack Devine, Public Communications Specialist with the Santa Clara Country Green Business Program, presented the City of Sunnyvale Community Center a certificate recognizing their exemplary environmental achievements and certifying the center as a “Green Business”.  Mayor Swegles presented Certificates of Commendation to Environmental and Occupational Risk Management, Juniper Networks, Sunnyvale Ford, Toyota Sunnyvale, and Ultimodule, as the five Sunnyvale Green Businesses.

 

PUBLIC ANNOUNCEMENTS

 

Councilmember Moylan announced that Fremont Union High School has three vacancies on its school board. There will be a prospective School Board Candidates Workshop on Saturday, May 13 from 8:30 a.m. to noon at the Silicon Valley United Way building, located at 1922 The Alameda, San Jose (between Highway 880 and Hedding Street).

 

Councilmember Moylan announced that the City is accepting applications until 5 p.m. on May 12, 2006 for vacancies on various Boards and Commissions. 

 

Mayor Swegles announced that a delegation from Georgia-Russia visited Sunnyvale today.

 

CLOSED SESSION REPORT

 

Councilmember Chu reported that Council met in Closed Session earlier this evening pertaining to:  Conference with Legal Counsel – Anticipated Litigation – Pursuant to Government Code Section 54956.9 (b); Significant Exposure to Litigation:  1 Potential Case.  Councilmember Chu reported no direction given and no action taken.   Due to the complexity of the matter, it will be necessary to re-schedule this item to another closed session with the date to be determined.

 

CONSENT CALENDAR

 

Councilmember Howe moved and Councilmember Hamilton seconded to approve the Consent Calendar as submitted.

 

Motion carried 6-0 by roll call with (Vice Mayor Lee teleconferencing and Councilmember Spitaleri absent).

 

1.A.

Approval of Draft Minutes of Special Meeting of April 3, 2006

 

Council approved as submitted.

 

1.B.

Approval of Amended Draft Minutes of Regular Meeting of April 4, 2006

 

Council approved as submitted.

 

1.C.

Approval of Information/Action Items – Council Directions to Staff

 

Council approved as submitted.

Fiscal Items

1.D

RTC  06-105

List of Claims and Bills Approved for Payment by the City Manager (List No. 293)

 

Council approved as submitted.

 

Personnel Items

1.E.

RESOLUTION

RTC 06-110

Adoption of Service Employees International Union, Local 715 (SEIU) Memorandum of Understanding and Amendment to the Salary Resolution

 

Council approved as submitted.

 

Contracts

 

1.F.

RTC 06-099

Extension of Existing Contract for Financial Auditing Services (F0503-59)

 

Council approved as submitted.

 

1.G.

RTC 06-100

Award of Contract to Upgrade the Computerized Irrigation Systems at the Golf Courses (F0503-61)

 

Council approved as submitted.

 

1.H.

RTC 06-102

Award of Contract for Maintenance and Support for the Public Safety Dispatch and Records Management System (F0503-65)

 

Council approved as submitted.

 

1.I.

RTC 06-103

Award of Bid No. F0502-49 for One Aerial Lift Truck

 

Council approved as submitted.

 

1.J.

RTC 06-104

Award of Bids No. F0502-51 and No. F0502-52 for Traffic Signal Reconstruction at Two Intersections on Sunnyvale-Saratoga Road.

 

Council approved as submitted.

 

Other Items 

1.K.

RTC 06-109

Reallocation of Unexpended Fiscal Year 2005/2006 State of the City Funds to Fiscal Year 2006/2007

 

Council approved as submitted.

 

1.L.

RTC 06-089

Approval of Final map (Tract No. 9800) – Land Subdivision at Moffett Park Drive and H Street by Lockheed Martin Corporation

 

Council approved as submitted.

 

1.M.

RTC 06-098

Approval of Final Map (Tract No. 9770 Danbury Place III) – Thirty-unit Townhomes at the Southeast Corner of Tasman Drive and Karlstad Drive by Pulte Home Corporation

 

Council approved as submitted.

 

1.N.

ORDINANCE

RTC 2808-06

Adoption of Ordinance No. 2808-06 Amending Portions of Chapter 19.94 (Tree Preservation); Chapter 19.56 (Solar Access); and Chapter 19.98 (General Procedures) of Title 19 (Zoning) of the Sunnyvale Municipal Code

 

Council approved as submitted.

 

STAFF RESPONSES TO PRIOR PUBLIC COMMENTS

None

 

PUBLIC COMMENTS

None

 

PUBLIC HEARINGS/GENERAL BUSINESS 

2.

RTC 06-113

Application on a 2.1 acre site for related proposals (Rezone and Special Development Permit) located at 595 Lawrence Expressway (at Duane Avenue) in an M-S (Industrial & Service) Zoning District

 

Robert Paternoster, Director of Community Development stated this application was continued by the Planning Commission to April 10 due to a request of the applicant; therefore, staff is requesting this item be continued to the Council Meeting of
April 25, 2006.

 

Mayor Swegles opened the Public Hearing at 7:21 p.m.  No one wished to speak and Mayor Swegles closed the Public Hearing at 7:21 p.m.

 

Councilmember Moylan moved and Councilmember Howe seconded to move this item to the Council Meeting of April 25, 2006.

 

Motion carried 6-0 by roll call with (Vice Mayor Lee teleconferencing and Councilmember Spitaleri absent).

 

3. 

RTC 06-097

Application to initiate a General Plan Amendment Study to change the land use designation for 740, 750, and 760 San Aleso Avenue from Industrial to Medium Density Residential

 

Robert Paternoster, Director of Community Development presented the staff report

 

Councilmember Howe confirmed with staff that R-2 and R-3 were medium density and R-4 was high density.  Councilmember Howe asked why R-2 and R-2/PD were not slated to be studied.  Director Paternoster stated that the applicant has requested to study R-3 or R-3/PD density, and staff believes the intent is to build townhomes.

 

Councilmember Moylan asked how the properties located right next to 740, 750 and 760 San Aleso are zoned as they are not identified in the staff report on
Attachment C.  Director Paternoster stated they are all zoned Industrial M-S (Industrial and Service).

 

Mayor Swegles opened the Public Hearing at 7:26 p.m.

 

The applicant, Dave Dollinger of Dollinger Properties, stated the company is an Industrial Developer within Silicon Valley and they own a large amount of property in Sunnvyale. 

 

Mr. Dollinger stated the area on Aleso Avenue does not justify converting his buildings to Class A or B, because the area is very mixed and is not desirable to tenants looking for that type of space. He requested to have the area tied in with the area as residential.  Mr. Dollinger stated his letter was incorrect in that he would like to have the area zoned R-2 to tie-in with the neighborhood behind it.  He stated they are proposing single family homes, not townhomes.

 

Councilmember Howe asked staff how many units per acre are allowed with R-2 and R-0 zoning.  Director Paternoster stated approximately 12 to 14 units are allowed for R-2 whereas, R-0 is approximately 6 units per acre. 

 

Councilmember Howe asked Mr. Dollinger how many units per acre were planned in his proposal and Mr. Dollinger stated they are planning for 46 units on 3.6 acres.

 

Councilmember Howe asked Mr. Dollinger what type of units and Mr. Dollinger stated they would be detached and may be a two-story home over a garage.  Councilmember Howe asked staff what the height limit was for R-2 zoning and Director Paternoster stated it was approximately 30 to 35 feet.

 

Harriet Rowe, Arthur Schwartz and Peter Cirigliano spoke against the proposal and supported the staff recommendation not to initiate this study.

 

Mr. Dollinger stated this area is isolated and not actually within the industrial zone pocket around the area.

 

Councilmember Howe asked how Mr. Dollinger viewed the location of residential being so close to the "Futures Area" across the street, which allows a 100% Floor Area Ratio (FAR).  Mr. Dollinger stated that his residential structures would get taller as they approached the street, to a height of three stories, which he believed was the height limit across the street.  Councilmember Howe asked staff what height would be permitted across the street and Director Paternoster replied that it would be 75 feet.

 

Councilmember Chu inquired about the age of the large office building directly south of these proposed sites.  Director Paternoster stated the building was approximately eight-years old and is a Class A minus or Class B plus building.  Councilmember Chu asked Mr. Dollinger if the height of what he was proposing would be any taller than this building and he stated his project is not as tall as that building.  Councilmember Chu asked staff what type of citizen opinion was received regarding the height of that building when it was built.  Director Paternoster stated that project created considerable concern from the neighbors at the rear of the site, and he believed this caused the City to set a regulation of a 75-foot set back in the rear, before a building can go up in height. 

 

Mr. Dollinger stated that his parcels are not 100% FAR; therefore, he is not able to build office space should the zoning designation remain unchanged.  Instead, his parcels would continue as single story industrial. 

 

Councilmember Chu asked Mr. Dollinger how many of the eight residences abutting his parcels are two-story and he stated two of the eight are two-story.  Director Paternoster stated that the parcel R1.7 behind the middle of the proposed area was redeveloped into two-story homes, of which two abut the property, and the remaining six are single-story homes.

 

No one else wished to speak and Mayor Swegles closed the Public Hearing at
7:41 p.m.

Councilmember Moylan asked staff what the height limit is with the current zoning for these three parcels.  Director Paternoster stated that the height limit is slightly higher for the M-S zoning than residential.  Councilmember Moylan confirmed with staff that if someone wished to covert this area to Class A, they could go higher than a housing project, but would need to adhere to the 75-foot set back from the rear of residential.

 

Councilmember Howe moved and Councilmember Moylan seconded to approve Alternative No. 4:  Authorize the initiation of the General Plan Amendment study for the entire east side (seven industrial lots) of San Aleso Avenue to consider a change from Industrial to Residential

Change “Residential” to: Low-Medium Density Residential (R2PD) and

Add: include immediate parcels (two to the north and two to the south of the subject three lots).

Include: a site plan explaining the interface between this project, the existing single-family neighborhood and the possible development and current 100% FAR on Mathilda Avenue. This site plan shall be included at the same time of the
General Plan zoning change approval when the study comes back to Council for further action.

 

Motion carried 6-0 by roll call with (Vice Mayor Lee teleconferencing and Councilmember Spitaleri absent).

 

4.

RTC 06-112

Outside Group Funding Process and Human Services Policy

 

Robert Paternoster, Director of Community Development presented the staff report

 

Councilmember Moylan asked how the Housing and Human Services Commission’s (HHSC) role would change.  Director Paternoster stated that their role would differ only in that the three groups they currently review and for funding (Leadership Sunnyvale, Junior Achievement and Euphrat), would no longer go before them for assessment.  He stated that the Commission would; however; have one additional function which would entail working with Council to identify priorities for funding for Human Services, before the Request for Proposal is issued.

 

Councilmember Moylan asked why these outside agencies could not continue to submit their funding applications through the HHSC.  Director Paternoster stated that the definition of Human Services are those services provided to groups, at least 51% of who are moderate to low income, which was the original intent of the Human Services Policy.  He stated that these three groups do not match the definition and staff suggests they should return to the original policy, which will allow Council to consider services of outside groups together with all other public services supported by the General Fund.

 

Amy Chan, City Manager, stated she wished to add to Director Paternoster’s comments.  She stated that for many years the HHSC operated in the manner  proposed, but that the policy was changed in 2000 to have all outside group funding applications reviewed by the HHSC.  She stated operationally this policy change did not really work well because some agencies are under special relationship agreements, and some are under a different process.  In order to clean up this procedure, staff is recommending that the process reflect the original policy so that outside agencies are reviewed by the appropriate department at the same time the department is reviewing other necessary services.

Councilmember Hamilton asked if the past process was to pre-commit General Fund monies in May for the following year.  Director Paternoster stated the process has changed many times.  He stated that last year (2005), Council in advance (prior to May) stated they would put a cap on the funds, but did not allocate any funds.  Then in May, 2005, Council acted on the Block Grant, and at end of June acted on the General Fund Budget.  Director Paternoster stated in previous years (prior to 2005), Council adopted the Block Grant funding without setting any advance limit on the amount of funding from the General Fund.

 

City Manager Chan noted that before the year 2000, Council would act on the funding for CDBG in May and the funding for would be considered as part of the General Fund project along with all other projects presented for Council consideration.
City Manager Chan stated the budget Council approved last year is most similar to the practice used before the year 2000, which is a simplified process that can better serve both the applicants and Council. 

 

Mayor Swegles stated the Director of Leadership Sunnyvale could not attend the Council meeting this evening, but wished to express that he is in favor of the staff recommendation to amend the Human Services Policy.

 

Mayor Swegles opened the Public Hearing at 8:05 p.m.

 

Elaine Curran, President of Junior Achievement, stated she was one of the organizations that is currently funded by the City’s Outside Group Funding Process and is not in favor of the staff recommendation. 

 

Councilmember Hamilton asked staff which department would Leadership Sunnyvale and Junior Achievement fall under if the policy change is approved.  City Manager Chan stated Leadership Sunnyvale would be reviewed by the Office of the City Manager and Junior Achievement would most likely be reviewed by Economic Development.

 

Councilmember Chu verified with Ms. Curran that approximately 3,000 students are involved with Junior Achievement per year.

 

Mayor Swegles offered Ms. Curran an opportunity to speak about her program.  Ms. Curran stated Junior Achievement is a kindergarten through 12th grade volunteer- based (made up of mostly businesses and local organizations) program, in which companies such as Lockheed, Yahoo, and Leadership Sunnyvale go into the schools and introduce students to the available careers.

 

Chad Steward, Chair of the Housing and Human Services Commission, indicated that a majority of the Commission members thought that the policy change would limit the Commission’s ability to make recommendations to Council on General Fund allocations, and suggested that staff continue to work on the proposed policy change for greater clarity.  He stated that two of the commissioners did not support this recommendation.

 

Councilmember Chu asked Mr. Steward about how the Commission views the  relationship of the three organizations being recommended for outside funding.
Mr. Steward stated that Euphrat and Junior Achievement serve the community within a human services capacity and are appropriate programs for the Commission to review, but Leadership Sunnyvale is somewhat different and appears to be a program that would do well contracting with the City for outside funding.

 

Councilmember Chu asked Mr. Steward if the Commission considered offering a recommendation for approval and Mr. Steward stated they were not able to come to a consensus.  He noted his personal position was that a formal request for funding process be continued, and for the Commission to receive direction from Council regarding an approximate funding from the budget.  The Commission could then offer more guidance to Council on how to best to distribute those funds.

 

City Manager Chan stated the role of the HHSC is really under the CDBG guidelines, which identify the role and responsibilities of the Commission.

 

Harriet Rowe spoke in favor of Leadership Sunnyvale and stated she encourages Council to protect the program.

 

Tim Persyn, member of the Housing and Human Services Commission, stated he disagreed with the policy change and believes funding from the General Fund should be increased for Human Services.

 

Councilmember Chu explained to Mr. Persyn that the City is doing everything possible to keep the CDBG funds from being further cut by the current federal administration.

 

Councilmember Hamilton clarified with Director Paternoster that the HHSC would know the amount of CDBG funds it had available.  If there were additional needs for funding, the Commission would recommend to the City Manager and Council any additional agencies they thought should be supplemented by certain amounts and that recommendation would then be considered by Council in June.

 

No one else wished to speak and Mayor Swegles closed the Public Hearing at
8:35 p.m.

 

Councilmember Moylan asked for clarification on how an agency (that does not apply nor qualify for CDBG funds, but is serving a low income population) would apply with the HHSC.  Director Paternoster stated under the proposal they would go to the appropriate City department that would negotiate a special agreement with them, and then the department would bring the request before City Council.  He also stated City departments would identify service needs they are not able to meet and seek out appropriate agencies to perform those public services.  These special agreements would then come to Council for approval.

 

Councilmember Moylan asked if CDBG funding were to completely cease, would that eliminate the HHSC.  Director Paternoster stated the Commission has a major role in housing that is not related to CDBG and would still be needed.

 

City Manager Chan stated that if CDBG funding were to cease, the funding decisions for HHSC recommendations would be weighed and decided upon by Council against any other General Fund programs.

 

 

Councilmember Howe moved and Councilmember Chu seconded Alternative No. 1:  Amend the Human Services Policy, 5.1.3, as proposed in Attachment D, and clarify the policy on Relationships with Outside Groups, 7.2.4, as proposed in Attachment E.

 

Councilmember Moylan offered a friendly amendment to add language to the motion that states: all applications by groups for General Funds be prioritized at the same time and if they meet the requirements of a Human Services Agency (as defined in Attachment D, page 1), they would all go through the HHSC for a recommendation on their application for General Funds.

 

Councilmember Howe stated that the motion does not specifically diminish the HHSC scope with the exception of removing the three groups therefore, he did not accept the friendly amendment 

 

Motion carried 5-1 by roll call with (Councilmember Moylan dissented, Vice Mayor Lee teleconferencing and Councilmember Spitaleri absent).

 

Councilmember Howe left the dais.  Mayor Swegles stated Councilmember Howe will return and that he will continue the meeting.

 

5.

RTC 06-095

Options for Board and Commission Appointment (Based on Special Recruitment for Planning Commission)

 

Katherine Bradshaw Chappelear, City Clerk presented the staff report.

 

Councilmember Howe returned to the dais.

 

Councilmember Howe asked staff if the fourth applicant who withdrew his application did so in writing.  City Clerk Chappelear stated he gave a verbal notification.

 

Mayor Swegles opened the Public Hearing at 9:06 p.m.  No one wished to speak and Mayor Swegles closed the Public Hearing at 9:07 p.m.

 

Councilmember Howe moved and Councilmember Hamilton seconded to approve Alternative No. 2:  Council does not reschedule the interviews and selection for the mid-term Planning Commission vacancy at this time; instead, directs staff to include the current vacancy in the 2006 Spring Recruitment including the current applicants in the interview/appointment process:

with the following addition:  include the original four applicants from the Special Recruitment (until such time a written withdrawal is received by any one of the applicants) in the Spring Recruitment.

 

Councilmember Moylan stated he would like to see the vacancy filled as quickly as possible as it has been vacant since late November.  He also stated that if there is a scheduling conflict, it is not necessary for all Councilmembers to be present at the interviews.

 

City Manager Chan stated that after Council conducts interviews for the 2006 Spring Recruitment, Council can appoint an applicant to immediately fill the current Planning Commission opening. Other upcoming vacancies could be filled effective July 1, 2006.

 

 

Councilmember Chu offered a friendly amendment to:

Add: Fill the current Planning Commission vacancy immediately after the 2006 Spring Recruitment interviews have been conducted.

 

Councilmembers Howe and Hamilton accepted the friendly amendment.

 

Motion carried 5-1 by roll call with (Councilmember Moylan dissented, Vice Mayor Lee teleconferencing and Councilmember Spitaleri absent).