APPROVED MINUTES  
SUNNYVALE CITY COUNCIL

January 24, 2006 

The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Study Session pertaining to Overview of General Plan:  Industrial and Industrial to Residential Zoning Land Uses and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:00 p.m., with Vice Mayor Lee presiding.

SALUTE TO THE FLAG

 

Vice Mayor Lee led the salute to the flag. 

 

ROLL CALL

 

PRESENT:

Vice Mayor Otto Lee

Councilmember John Howe

Councilmember Dean J. Chu

Councilmember Melinda Hamilton

Councilmember Anthony Spitaleri

Councilmember Christopher Moylan

 

ABSENT:

Mayor Ron Swegles (excused)

 

STAFF PRESENT:

Robert Walker, Assistant City Manager

David Kahn, City Attorney

Robert Paternoster, Director of Community Development

Planning Officer, Trudi Ryan

Mary Bradley, Director of Finance

Jenny Shain, Manager Parks and Recreation

Katherine Bradshaw Chappelear, City Clerk

PUBLIC ANNOUNCEMENTS

Councilmember Howe announced that the S.N.A.I.L– Columbia Area Neighborhood Association is holding a Chinese New Year fixed-price dinner ($20.00 per person) on February 15, 2006 at 6:45 p.m.  The dinner will take place at Shanghai Restaurant located at 253 Maude Avenue in Sunnyvale and he encouraged all interested parties to attend.

 

CONSENT CALENDAR 

Councilmember Hamilton requested to pull item 1.H.

 

Councilmember Howe moved and Councilmember Chu seconded to approve the Consent Calendar with the exception of item I.H.

 

Motion carried 6-0 with Mayor Swegles absent.

 

1.A.

Approval of draft Minutes of Regular Meeting of January 10, 2006

 

 

Council approved as submitted.

1.B.

Approval of Information/Action Items – Council Directions to Staff

 

 

Council approved as submitted.

Fiscal Items

1.C.

RTC  06-025

List of Claims and Bills Approved for Payment by the City Manager (List No. 281 and 282)

 

 

Council approved as submitted.

 

1.D.

RTC  06-029

City of Sunnyvale Investment Report 4th Quarter 2005

 

 

Council approved as submitted.

 

1.E.

RTC  06-023

Acceptance of Fiscal Year 2005 Homeland Security Grant Funding and Budget Modification No. 11

 

 

Council approved as submitted.

 

Contracts

1.F.

RTC   06-030

Agreement between City of Sunnyvale and Sunnyvale Cricket Club for Advance Field Reservations and Use of Storage Facility at Ortega Park

 

 

Council approved as submitted.

 

Other 

1.G.

RTC  06-008

Approval of Final Map (Tract No. 9672) Tamarind Square-123 unit residential Condominiums by Sobrato Interest, II

 

 

Council approved as submitted.

 

1.H.

RTC  06-024

Recommendation to Approve Confirmation of New Members to the NOVA workforce board.

 

 

Councilmember Hamilton stated she urged her colleagues to vote for Susanne Ramos and Steve Van Dorn for the NOVA workforce board based on interviews with them in her role as representative of the seven cities.

 

Vice Mayor Lee opened the matter for public comment.  No one in the audience wished to speak and Vice Mayor Lee closed the matter to public comment.

 

Councilmember Hamilton moved and Councilmember Howe seconded to approve Alternative No. 1:  Confirm the two candidates recommended by the NOVA Workforce Board Nominating Committee for the NOVA Workforce Board.

 

Motion carried 6-0 with Mayor Swegles absent.

 

 

 

1.I.

RTC  06-034

2006 Boards and Commission Recruitment Plan

 

 

Council approved staff as submitted.

 

1.J.

ORDINANCE

No. 2799-06

Adoption of Ordinance No. 2799-06 Amending the Precise Zoning Plan, Zoning Districts Map, to Rezone Certain Property located at 832 Maria Lane from R-3 (Medium Density Residential) to R-3/PD (Medium Density Residential/Planned Development) Zoning District

 

 

Council approved as submitted.

 

STAFF RESPONSES TO PRIOR PUBLIC COMMENTS

None

 

PUBLIC COMMENTS

 

Vice Mayor Lee opened the public comments section.  No one wished to speak and Vice Mayor Lee closed the public comments section.

 

PUBLIC HEARINGS/GENERAL BUSINESS

2.

RTC 06-020

Appeal of Planning Commission approval of a Use Permit to allow a place of assembly (religious use) in an existing industrial building located at 521 East Weddell Drive

 

Vice Mayor Lee combined the Public Hearing for Item Nos. 2 and 3.

 

3.

RTC 06-021

Appeal of Planning Commission approval of a Use Permit to allow a place of assembly (religious use) in an existing industrial building located at 539 East Weddell Drive

 

 

Councilmember Moylan recused himself from Item Nos. 2 and 3 due to campaign contributions received from the applicants.

 

Planning Officer, Trudi Ryan presented the staff report.  Planning Officer Ryan stated that although the properties are related they are not adjacent to each other and that they applied separately for use permits.  She stated that the applications from each applicant were determined to be complete prior to Council adoption of a moratorium on places of assembly in an industrial area.

 

Councilmember Howe clarified that the appellant is the owner of the property in the middle which is an assembly use property and asked staff what the density was of that location and when it was approved.

 

Planning Officer Ryan stated that it was approved in the early 1990’s and that the approval acknowledged a certain number of attendees and services initially, but indicated that there would be growth.  She verified that they now have three services from the original two and have increased attendance by approximately fifty percent.

 

Vice Mayor Lee opened the Public Hearing at 7:12 p.m.

 

Jaesup Lee of Holy Korean Martyrs Catholic Church, appellant, stated his appeal is not to oppose the Southbay Christian Church from using the proposed location, rather wished to express his congregation’s concerns about traffic congestion and safety issues.  Mr. Lee stated he wished to work together to alleviate some of their concerns.

 

Vice Mayor Lee stated that from Mr. Lee’s comments it appeared he was no longer appealing the decision, rather looking to find a solution to the traffic and safety issues.

 

Scott Ward representing Classic Communities (applicant) spoke in favor of working with Mr. Lee on the safety and traffic issues.  He asked if clarification was needed to verify that Mr. Lee was withdrawing his appeal.

 

Vice Mayor Lee confirmed with Mr. Lee that he was withdrawing his appeal.

 

Planning Officer Ryan stated that the appeal still exists and that Council did need to take action on that appeal.

 

Mark Russell, Kiryczun Ricardo, Don Thomas and Harriet Rowe spoke in support of the applicant.

 

No one else in the audience wished to speak and Vice Mayor Lee closed the Public Hearing at 7:28 p.m.

 

Councilmember Howe moved and Councilmember Hamilton seconded to approve RTC 06-020 Alternative No. 1:  Council adopts the Negative Declaration and approves the Use Permit with attached conditions (including limiting use of the building and the number of attendees) including the requirement that Condition 3A include a pedestrian plan.

 

Motion carried 5-0 with Mayor Swegles absent and Councilmember Moylan recused.

 

Councilmember Howe moved and Councilmember Sptialeri seconded to approve RTC 06-021 Alternative No. 1 for:  Council adopts the Negative Declaration and approves the Use Permit with attached conditions (including limiting use of the building and the number of attendees) including the requirement that Condition 3A include a pedestrian plan.

 

Motion carried 5-0 with Mayor Swegles absent and Councilmember Moylan recused.

 

4.

RTC 06-035

Public Hearing on Budget Issues for Consideration in the City Manager’s Recommended FY 2006/2007 Budget and Long Term Financial Plan

 

 

Councilmember Moylan rejoined the Council Meeting.

 

Director of Finance, Mary Bradley presented the staff report.  Director Bradley stated that Council will take action on all the proposed budget issues at the Fiscal Issues Workshop scheduled for January 30th.  Tonight’s meeting is for public input only.  She stated that Council actions at the January 30th workshop will be to either refer the items to the City Manager for consideration in the 2006/2007 budget, to drop the item or to defer the item to next year’s budget.

 

Vice Mayor Lee opened the Public Hearing at 7:37 p.m.

 

Nancy McDonough, Sunnyvale representative to Santa Clara County Council on Aging, spoke in favor of case management for seniors.  Ms. McDonough stated that the Council on Aging would donate $20,000 to start the program and would continue to provide that amount each year thereafter.

 

Werner Gans spoke in favor of approving non-hazardous Liquidambar tree street removals and alternative tree replacement.

 

Steven Summers spoke in favor of Council consideration to promote City of Sunnyvale.

 

Harriet Rowe spoke in favor of a Records Management System Project.

 

Tap Merrick spoke in favor of the City purchasing the 8 acres of Peterson middle school field possibly funded by a bond issue.

 

No one else in the audience wished to speak and Vice Mayor Lee closed the Public Hearing at 7:45 p.m.

 

Councilmember Howe requested Director Bradley to include the issue of increasing street sweeping in the City to at least one and a half times of what is currently being done.

 

Councilmember Hamilton requested Director Bradley to add an alternative of seasonal street sweeping within Councilmember Howe’s street sweeping proposal. 

 

Councilmember Spitaleri requested Director Bradley to include the issue of Case Management for Seniors.  

 

Councilmember Moylan and Councilmember Spitaleri requested Director Bradley to include the issue of a permanent restroom facility at San Antonio Park.

 

No motion was required.

 

5.

RTC 06-032

Adoption of Open Space and Recreation Sub-Element (Study Issue)

 

 

Parks and Recreation Manager Jenny Shain presented the staff report.

 

Councilmember Hamilton confirmed with Manager Shain that the school district has not yet declared Peterson as surplus.

 

Councilmember Moylan asked Manager Shain if the City has checked to see if
Mid-Peninsula Open Space District would want to partner with the City.  She stated there is general policy under the regional approach that states the City should partner with all agencies.  She stated that legislation for school district property disposal tells them who they can offer the property to and Mid-Peninsula Open Space District is not one of them, rather it would be Santa Clara County Open Space District.

 

Councilmember Chu asked Manager Shain to restate the Stevens Creek Trail clarification and explain where in the document it was located.

 

Councilmember Chu stated that it was his understanding from the public that they were encouraging one or two access points to the Mountain View Trail from the Sunnyvale side (not part of the trail but an entrance to the trail).

 

Assistant City Manager Robert Walker stated that issue could be studied if Council wished, but that it was separate from the issue of extending the creek.  He stated that Council’s decision in 1994 would not preclude Council’s ability to study the access points.

 

Councilmember Chu asked Manager Shain where the language that she has suggested for the new policy would be added.  Manager Shain stated it would be added under the Regional Approach within the Open Space and Recreation Sub-Element, page 46.

 

Denise DeLange spoke in regard to amendments to the plan.   She stated she did not see any recommendation to preserve open space not owned by the City nor any mention of attempting to acquire land at below market value when possible.  She suggested language to be added to Section A, Item 8 (page 44) in the plan that says, “acquisition of excess school property and acquisition of existing undeveloped open space”.  Also Item 9 on page 44 to be changed to read, “Insure that all open space and recreational decisions address ongoing maintenance needs” and Section D, Item 13, page 47 she would like the word “serious” to be stricken from that sentence.  Ms. DeLange would like to see an additional item added to the prioritization that states, “Give priority to acquire open space at below market value” as item 15.

 

Tap Merrick stated his request to have Peterson Middle School included in the Open Space and Recreation Sub-Element of the General Plan.

 

Bob Kinder, Parks and Recreation Commissioner, stated the Parks and Recreation Commission has recommended that the Moffet Field reference be included, because it is federal land not private land and involves two cities, not just Sunnyvale.  He also stated that the Commission voted to delete the word “closed” from the section about pursuing school sites.

 

Councilmember Chu asked Mr. Kinder if the recent change to the Stevens Creek Trail was discussed among the Commissioners.  Mr. Kinder stated that it was and that they agreed with staff.

 

William Lewis spoke in favor of the Peterson field inclusion in the Open Space and Recreation Sub-Element of the General Plan. 

 

Martin McGrath spoke in favor of the Peterson field inclusion in the Open Space and Recreation Sub-Element of the General Plan.  He stated that Raynor Park which is near Peterson is smaller and not accessible for walking. 

 

Councilmember Moylan asked Mr. McGrath if he was stating that areas of the city without sidewalks have a greater need for open space, whereas areas with sidewalks do not have as great of a need.  Mr. McGrath confirmed that was accurate.

 

Councilmember Hamilton asked staff about the statement by Mr. McGrath that there would not be a large cost to the City for maintaining the field as she stated that she remembered the cost to be approximately $60,000 annually.

 

Assistant City Manager Walker stated that the actual cost is higher and in excess of $200,000.

 

Ian Prickett, former member of Peterson Field Advisory Committee, stated that he wished to correct some figures.  Mr. Prickett stated that the cost of purchasing the space would be discounted if it were included in the Open Space Sub-Element because it would then be qualified as open space and the purchase price would 16.5 million instead of 24 million for the 8 acres.  He also stated that $200,000 for maintenance was for 24 acres not 8 acres.  Mr. Prickett continued to speak in favor of including the Peterson field in the Open Space and Recreation Sub-Element of the General Plan with at the very least consideration of taking over and running the fields as a park.

 

Councilmember Chu asked staff if there had been an offer from the school district for the City to operate the space as a park.

 

Assistant City Manager Walker stated that an offer has been in place informally for several years.  He stated the City previously did program the fields for the district, but stopped due to the fields being a liability.  He stated that the fields were not kept up and at times were hazardous.  Assistant City Manager Walker stated the Santa Clara Unified School District would still like the City to maintain the fields for them. 

 

Councilmember Chu confirmed with Assistant City Manager Walker that the cost to maintain the fields would be based on how many acres the City decided to assume.

 

Werner Gans, Steve Garrity, Ken Jorgensen, Tim Adams, Brad Wetmore, Yvonne Satariano, Brooks Shaw, and three other members of the public, who did not fill out speaker cards, spoke in favor of the Peterson field inclusion in the Open Space and Recreation Sub-Element of the General Plan.

 

An additional member of the public, who did not fill out a speaker card, spoke to the protection of the wildlife and human environment at the field and to save the open space.

 

A member of the public, who did not fill out a speaker card, stated that he has looked at options for the City to keep the area as open space.  He stated that he had contacted Pacific Nursery in Mountain View and they stated they would be interested in leasing the land to grow trees.

 

Roger Barnes, Business Administrator for Santa Clara Unified School District, stated that it is the district’s position for the City to purchase the property.  He also stated that the Board wanted to give the City first choice.  He stated that they have not declared anything as surplus yet and when they do the amount of acreage could vary.  Mr. Barnes stated that there is a list of agencies that the District must use and the City is listed first to be offered this property.

 

Councilmember Chu asked Mr. Barnes to continue with his comments.

 

Mr. Barnes stated that the City would have to determine that there is not adequate land in the area to service their needs before the district listed the property as surplus in order to qualify for receiving one-third of the land at a reduced price.

 

Mr. Barnes stated the cost of turning the entire twenty-four acres into useable space is two million and then would have a yearly maintenance fee of $200,000.  He stated the cost of eight acres would be a portion of those fees.

 

Mr. Barnes stated that the School District does not allow any use of the field due to liability and neighborhood issues.

 

Mr. Barnes stated that if they don’t sell the field, one option would be to allow a soccer alliance to take over the field in which they would maintain and monitor the field.

 

However, Mr. Barnes stated that the School District’s main goal was to have the City take over the parcel.

 

Councilmember Chu asked Mr. Barnes to describe the major problems they have had with the field.

 

Mr. Barnes stated that the major problem has been with the users of the field as they block neighbor’s driveways, leave trash on field, roads and neighbors yards, and are noisy.  He stated the District attempted to work with the organizations that used the field but to no avail.  He also said they are unable to water the field on a year-round basis due to the lack of water pressure and they are unable to maintain the field.

 

Councilmember Chu confirmed with Mr. Barnes that they have technically withdrawn public use of the field.

 

Councilmember Hamilton confirmed with Mr. Barnes that there is not a set date to surplus the property.

 

Councilmember Hamilton asked Mr. Barnes if he was interested in only youth sports using the field and he confirmed that was accurate due to the issues that occurred with the adult leagues in the past.

 

Councilmember Hamilton asked Mr. Barnes if he was aware of a study issue that Council will be considering in the spring to study an improvement district in that area and Mr. Barnes said he was not aware of the study issue. 

 

Mr. Barnes stated that there is the ability for the residents to form a Recreation District where they would tax themselves to maintain the property.

 

Councilmember Moylan stated that the Council is not deciding on Peterson Field at this meeting and asked Mr. Barnes if there were any modifications he would propose to adoption of the Open Space and Recreation Sub Element.  Mr. Barnes stated that he did not have any proposed modifications. 

 

 

Tap Merrick stated that Peterson field did not have any restrooms and only one trash can which was never emptied.

 

Vice Mayor Lee closed the Public Hearing at 8:59 p.m.

 

Councilmember Spitaleri asked staff if Council approved the Sub-Element would that preclude any further discussions or actions on Peterson field.

 

Assistant City Manager Walker stated that the existing study issue is for community exploration of any interest in forming a type of Improvement District.  He stated that if Council does not add an extra key initiative or policy to the existing sub-element, then staff would not pursue anything additional at Peterson field.

 

Councilmember Chu asked Assistant City Manager Walker where he would add the statement of “acquiring open space when feasible” to the Sub-Element.  Assistant City Manager Walker stated that Section A Open Space would be an appropriate place for an additional policy. 

 

Councilmember Chu moved and Councilmember Moylan seconded to approve: Alternative No. 1: Adopt the Negative Declaration and approve the revised Open Space and Recreation Sub-Element to the Community Development Element by Resolution.  This alternative incorporates the changes recommended by the Planning Commission.  This alternative does not incorporate the change to Policy A3 as recommended by the Parks/Recreation and Arts Commissions, but instead reads: Pursue the acquisition of appropriate federal lands currently located at the former Moffett Naval Air Station and to include the following additions:

  • Add Language incorporating comments to the Stevens Creek Trail (which is an existing Council policy from 1994) that states the City will not continue the Stevens Creek Trail through the City of Sunnyvale but does not preclude the City from investigating access points to join into Mountain View’s or Cupertino’s trail as it exists.   
  • Add Sub-Element No.11 to Section A – Open Space to state that the City take a position to support/encourage the acquisition of existing open space within the City where financially feasible.

 

Councilmember Moylan offered a friendly amendment to be added on Page #47- under the Access Section:

  • Manage the City’s swimming pools (including the Fremont Pool) to maximize public access during daylight summer hours.

 

Councilmember Chu stated that he agrees with the friendly amendment but would not accept it because this motion was made after closure of the Public Hearing and the public did not have an opportunity to comment on this proposal.

 

Councilmember Moylan offered a friendly amendment to be added on Page #47- under the Access Section:

  • Manage access by performing arts groups to the Community Center’s Theatre so as to allow production quality that is competitive with performances at venues in nearby cities.

Councilmember Chu stated that he agrees with the concept of the friendly amendment but would not accept it because this motion was made after closure of the Public Hearing and the public did not have an opportunity to comment on this proposal.  He stated he would be happy to co-sponsor study issues on both items so they can be incorporated as amendments at a future public hearing.

 

Councilmember Howe suggested that staff come back to Council to indicate whether both items are appropriate for study issues or can be handled in another manner.

 

Assistant City Manager Walker stated that information would be included in an upcoming Friday report from the City Manager.

 

Motion carried 6-0 with Mayor Swegles absent.

 

6.

RTC 06-022

Appeal of Planning Commission decision to deny a variance from Sunnyvale Municipal Code to allow for a 264 square-foot accessory utility building with a 2.5 foot side-yard setback where 4 feet is required and a 2-foot rear yard setback where 10 feet is required, for a site located at 885 Lakechime Drive.

 

 

Director Robert Paternoster stated that the appellant in this case was not able to attend and has asked for a continuance to March 21, 2006.

 

Vice Mayor Lee opened the Public Hearing at 9:25 p.m.

 

No one in the audience wished to speak and Vice Mayor Lee closed the Public Hearing at 9:26 p.m.

 

Councilmember Howe moved and Councilmember Moylan seconded to continue RTC-06-022 to March 21, 2006. 

 

Motion carried 6-0 with Mayor Swegles absent.

 

7.

RTC 06-006

Earlier Public Release of Certain Types of Reports to Council

 

 

Assistant City Manager Walker gave the staff report.

 

Councilmember Chu asked staff if the reports could be available on CD to Council with one additional copy available for the Public in addition to being online. 

 

Assistant City Manager Walker stated that could be made available if that was Council’s direction.

 

Vice Mayor Lee opened the Public Hearing at 9:31 p.m.

 

Harriett Rowe stated that she would like to see hard copies available in the lobby at City Hall.

 

No one else in the audience wished to speak and Vice Mayor Lee closed the Public Hearing at 9:33 p.m.

 

Councilmember Howe moved and Councilmember Moylan seconded to approve  Alternatives Nos. 1,3,7,8, and 11: that all reports taken before the Planning Commission and that all reports designated as “Study Issues” be provided to Council and the general public one week (7 calendar days) prior to Council taking action.  Council to identify during each update of its “Tentative Council Meeting Agenda Calendar” any other reports it would like to see distributed earlier than 5 days in advance of a Council meeting; and to customize the deadline for the individual report involved.  Motion included the  following addition to staff’s recommendation:

  • Addition to No.11 specifying that Setting of Utility Rate Reports would be distributed two weeks in advance.

1. Council requires that all final reports with a Board/Commission’s   recommendation be provided to Council earlier than 5 days in advance of Council meetings.

3. Council requires that all final reports related to one or more types of subject matter be provided to Council earlier than 5 days in advance of Council meetings.

7. Council requires that all Study Issue Reports b