APPROVED MINUTES
SUNNYVALE CITY COUNCIL

Tuesday, May 16, 2006

  

The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Study Session pertaining to: Joint Study Session with the Planning Commission to Discuss Length of Planning Commission Meetings and Other Items of Interest 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

PRESENT:

Mayor Ron Swegles

Vice Mayor Otto Lee

Councilmember John Howe

Councilmember Melinda Hamilton

Councilmember Anthony Spitaleri

Councilmember Christopher Moylan

 

ABSENT:

Councilmember Dean J. Chu (excused)

 

STAFF PRESENT:

Amy Chan, City Manager

Robert Walker, Assistant City Manager

David Kahn, City Attorney

Robert Paternoster, Director of Community Development

Marvin Rose, Director of Public Works

Mark Bowers, Solid Waste Program Manager

Annabel Yurutucu, Housing Officer

Jack Witthaus, Transportation and Traffic Manager

Don Johnson, Director of Public Safety

Karen Davis, Economic Development Manager

Katherine Bradshaw Chappelear, City Clerk

 

SPECIAL ORDER OF THE DAY

 

  • Proclamation – Bike to Work Week

Mayor Swegles announced “Bike to Work Week” will be observed May 14-20, 2006 and is supported through efforts of the Metropolitan Transportation Commission, Bay Area Bicycle Coalition, in addition to public and private groups, and individuals.  Sunnyvale is one of 15 cities nationwide to be designated a “Bicycle-Friendly Community for 2006”.  Mayor Swegles presented the Bicycle and Pedestrian Advisory Committee (BPAC) with a proclamation for “Bike to Work Week” and thanked them for their work on the City’s BPAC Committee.

 

  • Proclamation – National Public Works Week

Vice Mayor Lee presented Marvin Rose, Director of Public Works, a proclamation for National Public Works Week, and commended the Public Works staff for their daily contributions toward improving the health, safety, and quality of life for all Sunnyvale residents.  May 21-27, 2006 is recognized as National Public Works Week.

 

CLOSED SESSION REPORT

 

Vice Mayor Lee reported that the City Council met on May 15th in Closed Session related to: Confer with City’s legal counsel pursuant to Government Code Section 54956.9 (c) regarding whether to initiate litigation related to the Town Center Mall.

 

Vice Mayor Lee stated that direction was given, but no action was taken.

PUBLIC ANNOUNCEMENTS

 

Vice Mayor Lee announced the City is soliciting community input for a project to update and reassess the Sunnyvale Bicycle Plan. The meeting will be held on Thursday, May 18 at 7:00 p.m. in the West Conference Room of City Hall, 456 West Olive Avenue.  For further information, contact Dieckmann Cogill at (408) 730-2713.

 

Vice Mayor Lee announced that the City of Sunnyvale, serving as the Onizuka Air Force Station Local Redevelopment Authority (LRA), is accepting applications for membership on the Onizuka Citizen's Advisory Committee (CAC).  All Sunnyvale residents are encouraged to apply for this committee.  Further information and applications may be obtained on-line under "Ongoing Projects” on the City’s web site.

 

Mayor Swegles announced Mrs. Jody Howe will be sworn in as President of the California Society of Pulmonary Rehabilitation on Thursday, May 18, 2006 in San Diego.

 

Tap Merrick announced that the Peterson field issue will be discussed at the Council Meeting of Tuesday, May 30, 2006.  He encouraged all Sunnyvale residents to attend the meeting.

 

The General Manager of Specialty Solid Waste and Recycling announced this year’s “Dinner at the Dump” fundraiser, scheduled for Saturday, June 17 at 5 p.m. 

 

CONSENT CALENDAR

 

Councilmember Hamilton requested Item 1.A. be removed from the Consent Calendar.

 

Vice Mayor Lee moved and Councilmember Howe seconded to approve the Consent Calendar with the exception of Item 1.A.

 

Motion carried 6-0 (Councilmember Chu absent).

 

1.A.

Approval of Revised Draft Minutes of Regular Meeting of May 9, 2006

 

Councilmember Hamilton pulled this item in order to abstain from voting since she was unable to attend the meeting.

 

Councilmember Howe moved and Vice Mayor Lee seconded to approve the Amended Minutes of May 9, 2006.

 

Motion carried 5-1 (Councilmember Hamilton abstained and Councilmember Chu absent).

 

 

1.B.

Approval of Information/Action Items – Council Directions to Staff

 

Council approved as submitted. 

Fiscal Items

 

1.C

RTC  06-155

List of Claims and Bills Approved for Payment by the City Manager (List No. 298)

 

Council approved as submitted.

 

1.D

RTC  06-156

Adopt Resolution to Authorize the Filing of Fiscal Year 2006/07 Transportation Development Act Article 3 Applications for Pedestrian and Bicycle Projects.

 

Council approved as submitted.

 

Contracts

 

1.E.

RTC 06-143

Award of Contract for the purchase of a Pump to Replace One of Three Main Influent Pumps at the Water Pollution Control Plant (No. F0504-78)

 

Council approved as submitted.

 

1.F.

RTC 06-152

Award of Contract to Replace the Playground Equipment at Raynor Park (F0504-68)

 

Council approved as submitted.

 

1.G.

RTC 06-159

Authorization to Amend an Existing Contract for On-Call Maintenance and Repair Services at the Water Pollution Control Plant (F0505-79)

 

Council approved as submitted.

 

Other Items

 

1.H.

RTC-06-157

 

Change in the Disadvantaged Business Enterprise Program

 

Council approved as submitted.

 

1.I.

RTC-06-147

 

Reauthorization of Countywide AB 939 Fee and Household Hazardous Waste Agreements

 

Council approved as submitted.

 

1.J.

RTC-06-160

 

Appointment to the Santa Clara Valley Transportation Authority (VTA) Bicycle and Pedestrian Advisory Committee

 

Council approved as submitted.

 

1.K.

ORDINANCE

No. 2810-06

 

Adoption of Ordinance No. 2810-06 Amending Portions of Title 19 (Zoning) of the Sunnyvale Municipal Code relating to Zoning Tools to Encourage the Development of Ownership Housing

 

Council approved as submitted.

 

STAFF RESPONSES TO PRIOR PUBLIC COMMENTS

 

None

 

PUBLIC COMMENTS

 

Tap Merrick spoke about declining youth sport facilities and the need to develop Peterson field. 

 

Harriet Rowe spoke about a parcel of vacant land at the corner of Wolfe and El Camino.

 

PUBLIC HEARINGS/GENERAL BUSINESS

 

Councilmember Howe stated Council received a request from staff to move Item No. 6 to the next Council meeting.  He asked Council to discuss and vote on this request at this time in order to notify speakers who may be waiting to speak on this item.

 

Councilmember Howe asked if this item were to move to the June 13, 2006 Council meeting, would that have any adverse impact on the request for proposal (RFP).  Mark Bowers, Solid Waste Program Manager, stated moving this item to June 13 would have an adverse impact since the RFP is scheduled for distribution as of June 1, 2006.  Councilmember Howe asked what ramifications would occur if the RFP did not go out on June 1, 2006.  Manager Bowers stated the schedule does have some flexibility to address unexpected problems; however, if the time is reduced at the beginning of the process, there will be an increased risk of problems later in the process.

 

Councilmember Hamilton asked the City Manager if it would be possible for Council to consider this item (including a Public Hearing) during the May 23, 2006 Budget Workshop.  Amy Chan, City Manager, stated that was possible, but cautioned that the May 23 meeting will begin in the early morning and continue until early evening.  Councilmember Hamilton confirmed with Manager Bowers that a one-week delay would not be a problem.

 

Mayor Swegles opened the Public Hearing.

 

Chief Financial Officer from Specialty Solid Waste and Recycling stated that his company plans to submit a proposal for this project.  He stated that a delay could limit the amount of proposals received.  

 

No one wished to speak further and Mayor Swegles closed the Public Hearing.

 

Councilmember Howe moved and Councilmember Spitaleri seconded to continue Item No. 6 to the May 23, 2006 Council meeting at 1:15 p.m. 

 

Councilmember Hamilton offered a friendly amendment to change the time for Item No. 6 to 7:00 p.m. at the May 23, 2006 Council meeting.  Councilmember Howe did not accept the friendly amendment, but stated he would accept 5:00 p.m.   Councilmember Hamilton changed her friendly amendment to change the time for Item No. 6 to 5:00 p.m. at the May 23, 2006 Council meeting.  Friendly amendment accepted.

 

Motion carried 6-0 (Councilmember Chu absent).

 

2.

RTC 06-135

Update of the Analysis of Impediments to Fair Housing Choice and Amend the Consolidated Plan 2005-2010

 

Annabel Yurutucu, Housing Officer, presented the staff report.

 

Councilmember Moylan stated the data from the Analysis of Impediments to Fair Housing (AI) report (included with the staff report), indicated a larger denial rate of loans for African-Americans versus Caucasians, and asked staff how this issue will be addressed.

 

Officer Yurutucu stated that data is not available specifically for the City of Sunnyvale.  She stated the AI study was a regional effort by all the cities in Santa Clara County and the data collected is from 1999.  The study resulted in the formation of a regional Fair Housing Task Force, which is currently in operation.  She stated she will take the concerns/recommendations from the Housing and Human Services Commission and City Council back to the Fair Housing Task Force so they can focus their efforts on discrimination issues.

 

Councilmember Moylan asked who was on the Task Force and Officer Yurutucu stated there was representation from all the entitlement jurisdictions; fair housing providers; state fair housing board; Department of Housing and Urban development (HUD), and attorneys who specialize in fair housing law.  Councilmember Moylan asked if these people are appointed by a governing body and Officer Yurutucu stated that they were not appointed; instead, they are part of a focus group and act in a lobbying capacity. 

 

Councilmember Moylan asked what the City of Sunnyvale can do to make sure discrimination, as identified in the report, does not occur in the City of Sunnyvale.  Officer Yurutucu suggested that the City ask the Task Force and the CDBG group to update the data due to the age of the current data.  Councilmember Moylan asked what actions Council could take regarding this issue (once the City has good data).   Officer Yurutucu stated the Council could support funding to correct identified issues, and that those actions could include lawsuits. 

 

Mayor Swegles opened the Public Hearing at 7:49 p.m.  No one wished to speak and Mayor Swegles closed the Public Hearing at 7:50 p.m.

 

Vice Mayor Lee moved and Councilmember Howe seconded to approve Alternative No. 1:  Council approves the update of the Analysis of Impediments to Fair Housing Choice (Attachments 1 and 2) and amends the Consolidated Plan 2005-2010 to incorporate the updated AI.

 

Councilmember Moylan offered a friendly amendment to urge the task force to pursue the concern that there may be racial discrimination by some lenders against
African-Americans.  Officer Yurutucu confirmed that request can be added as an action item in the AI.

 

Motion carried 6-0 (Councilmember Chu absent).

 

3.

RTC 06-129

Request Approval of Budget Modification No. 22 to Refund $111,761 of Disallowed Costs to the City’s CDBG Line of Credit and to Appropriate and Equal Amount from the Line of Credit to Fund Public Works Projects 825130 Speed Radar Signs and 824061 In-Pavement Cross Walk Lights, Disencumber $86,994 from the Neighborhood Support/Education Project, and Amendment of the Consolidated Plan Action Plans for FY 2003/2004, FY 2004/2005 and FY 2005/2006

 

Annabel Yurutucu, Housing Officer, presented the staff report.

 

Councilmember Howe asked if the General Fund monies in the amount of $111,761 for Budget Modification No. 22 (listed on the staff report page 6) are eligible to be funded out of the Housing Mitigation funds.  Officer Yurutucu stated that the funds are not eligible for Housing Mitigation funds.  She stated the refund to the Treasury will increase the City’s line of credit; therefore, allowing staff to encumber those funds for eligible activities. Councilmember Howe confirmed that the budget modification will be a non-event to the General Fund, since there is a decrease to the General Fund reserves, offset by an increase in the gas tax fund 20-year reserves.

 

Mayor Swegles opened the Public Hearing at 7:56 p.m.  No one wished to speak and Mayor Swegles closed the Public Hearing at 7:57 p.m.

 

Councilmember Howe moved and Vice Mayor Lee seconded to approve Alternative No.1: Council approves Budget Modification No. 22 to appropriate $111,761 in City General Fund monies to reimburse the CDBG Line of Credit and appropriate CDBG funds in the amount of $70,000 to Project 825130 Speed Radar Signs, and $41,761 to Project 824061 In pavement Cross Walk Lights in place of the Gas Tax Funds currently budgeted, Disencumber $86,994 from the Neighborhood Support/Education Project, and Amend the Consolidated Plan Action Plans and Consolidated Annual Performance Reports (CAPER) for FY 2003, 2004, and 2005 to be consistent with the Budget Modification.

 

Motion carried 6-0 (Councilmember Chu absent)

 

4.

RTC 06-138

Canary Drive Traffic Calming-Deliberation of Additional Measures

 

Jack Witthaus, Transportation and Traffic Manager, presented the staff report.

 

Councilmember Howe asked staff to send an email to Council later in the week with the cost per year for maintenance of the traffic calming measures and landscaping circle beginning with the year the project was approved.

 

Mayor Swegles opened the Public Hearing at 8:04 p.m.

 

Steve Gospe stated his support of additional traffic calming on Canary Drive.

 

John Depew stated his support of additional traffic calming on Canary Drive.  He noted there are 19 homes directly affected by the excessive speed, and 19 responses were in favor of an additional speed hump.  Councilmember Moylan asked Mr. Depew on what basis did he feel an additional speed hump was necessary, given that traffic speeds are down 23% and below the limit for traffic calming.  Mr. Depew stated that the speed collection equipment is not set in areas where speeding occurs and there are limitations in the equipment used (ability to collect a maximum speed). 

 

Councilmember Moylan confirmed with Mr. Depew that he feels staff has set an inappropriate threshold for when a neighborhood needs traffic calming.  Councilmember Moylan asked Mr. Depew what his suggestion was for traffic calming data collection.  Mr. Depew stated that 25 miles an hour is acceptable for neighborhoods, and that the speeds on Canary seem faster.

 

Councilmember Hamilton explained to Mr. Depew that Council did not approve an additional speed hump.  Mr. Depew stated that the neighborhood reviewed the tape and a temporary speed hump was suggested.  There was consensus among the neighborhood for this temporary correction.  Councilmember Hamilton stated she did not believe Council was in favor of a temporary speed hump, 

 

Councilmember Hamilton stated that there was not a consensus with the survey administered in February 2006 (19 in favor of a speed hump, 19 for no additional actions, and 2 for installation of bulb outs).  Mr. Depew stated there clearly is a consensus for people wanting some type of traffic calming action. 

 

Councilmember Hamilton noted for the record that an additional survey was completed in 2004 (same number of ballots mailed out) which received a higher rate of return with 60% of the residents not in favor of further traffic calming on Canary Drive.

 

Erez Avidan-Antonir spoke in favor of traffic calming for the safety of his children, and stated the speed hump has made a difference, but an additional one is needed. Councilmember Howe asked Mr. Avidan-Antonir if an additional speed hump were put in place, would he allow his children to cross the street to the park.  Mr. Avidan-Antonir stated his house is located between the speed hump and the circle, which is the area that receives the highest speed as drivers accelerate from the speed hump to the circle (about 120 yards).  He stated if it is possible to enforce 25 miles per hour, he would be much less restrictive with his children.

 

Karen Owyeung stated her house is located between the speed hump and the circle and confirmed that people do speed after going over the speed hump.  She stated the original proposal was for three speed humps, but because they needed neighborhood consensus, they went with a more conservative approach.  She stated speeding is reduced, but an additional hump would make a big difference.  They had several meetings with the Traffic Department and were given a limited number of options.   Neighbors asked if any of the options would be an effective solution and they were told that the long-term costs to the City for maintenance would exceed the cost for an additional speed hump, and the options and their effectiveness are untested.

 

Ms. Owyeung stated the neighborhood reviewed the Council Meeting tape and that a motion was made to add an additional speed hump.  She stated that this motion failed and a friendly amendment was made by Councilmember Howe for the traffic department to creatively problem solve this issue, and if a temporary speed hump was the agreed upon outcome, the expense was to be limited.

 

Ms. Owyeung stated that when the neighborhood met with the Traffic Department, the speed hump was not included as an option.

 

Steve Ganz stated he lives near the speed circle, on Loch Lomond Court and has witnessed drivers gaining acceleration after the speed hump.  Councilmember Moylan stated that the Council received three emails from residents on Loch Lomond that oppose further traffic calming.  Mr. Ganz stated he was speaking for himself, not the residents of Loch Lomond Court.

 

William Owyeung stated he is aware of drivers blowing their tires due to excessive speeds at the turning circle, and is concerned for the safety of his children.  He would like to see the speed hump mandated, not voted on, due to the issue of safety.

 

Alexander Pesic, Canary Drive resident, spoke against additional speed humps and stated his concerns about damage to his car.

 

Scott Chapman stated his concerns for his children who ride their bikes in the neighborhood.  Mr. Chapman stated that drivers increase their speeds after they go over the speed hump.

 

Jordan DuVal stated he is in favor of an additional speed hump and is concerned for the safety of his children.  He stated the initial traffic calming measures were under budget; therefore, there should be funds available to assist with additional calming measures.  He stated the neighborhood will raise the additional amount of funds needed for an additional speed hump.

 

Councilmember Hamilton asked staff about the cost of a speed hump and Manager Witthaus stated it was about $12,000, with an annual maintenance cost of approximately $1,000 a year. 

 

Councilmember Hamilton asked Mr. DuVal what he thought would be an acceptable compromise, and Mr. DuVal stated that a temporary hump would address the issues from all parties.

 

Mary Depew presented Council with an aerial photograph of the area and highlighted the distance between the current hump and a temporary hump.  She stated that of the 19 homes surveyed for additional traffic calming, 12 responded (63%) in favor of additional calming measures.

 

No one else wished to speak and Mayor Swegles closed the Public Hearing at
8:47 p.m.

 

Councilmember Spitaleri asked staff what the cost would be to install rubber speed humps, and Manager Witthaus stated they would be approximately $6,500 a piece.

 

Councilmember Hamilton asked staff how long a temporary hump would last and Manager Witthaus stated the manufacturer states they will last up to six years, but staff has experienced problems with the hump within a year.

 

Councilmember Spitaleri stated the staff report lists the cost of the additional permanent speed bump as $25,000; however, staff verbally stated it was $12,000 and he asked for clarification on the cost.  Manager Witthaus stated that $12,000 was a more accurate estimate based on research after the report was prepared.

Councilmember Spitaleri moved and Councilmember Hamilton seconded to approve Alternative No. 2:  Direct staff to pursue additional traffic calming on Canary Drive

with the addition of:  traffic calming to be identified as the installation of a permanent additional speed hump.

 

Councilmember Howe offered a friendly amendment that there will not be any further studies, or survey’s done on Canary Drive.  Friendly amendment accepted.

 

Councilmember Moylan stated the data collected shows that the current traffic calming is enough, and expressed concerns that the facts are being ignored.  He stated he will not support the motion.

 

Councilmember Hamilton expressed her concerns about other neighborhoods in need of traffic calming.  She stated that should this motion be approved, there would be no future requests considered for this neighborhood.

 

Mayor Swegles stated the City has gone (above and beyond) with the calming devices that have been put in place.  He stated the City has done as much as it can and he will not support this motion.

 

Vice Mayor Lee asked for clarification on where the funding would come from if the motion were to pass.  Manager Witthaus stated there is a maximum of $5,000 available. 

 

Councilmember Hamilton stated the neighborhood offered to come up with the additional funds needed, and that offer should be explored as an alternative for the remaining funds.  Councilmember Spitaleri stated he would agree to make that one of the options, but would not make the motion contingent on that element and Councilmember Hamilton agreed.

 

City Manager Chan stated she preferred a definite plan for the source of funding; otherwise, the item would need to come back to Council for funding purposes.

 

Councilmember Howe stated the funding needs to be identified prior to voting on the motion as it could affect his vote.  He offered a friendly amendment that the City utilizes the identified $5,000, and the neighborhood come up with the additional funds (approximately $7,000).

 

Councilmember Moylan stated he is uncomfortable asking the neighborhood to fund a City service (should it be deemed to be a valid City service).  He stated Council needs to decide if this additional traffic calming is a service the City should provide and if so, the City needs to fund the project.

 

Friendly amendment was not accepted.

 

Councilmember Hamilton agreed with Councilmember Moylan that City services should be paid for by the City.  However, because the street is already within the City’s calming traffic measure, but the neighborhood still wants an additional hump, then their contributing to the cost is reasonable. 

Councilmember Spitaleri stated that citizens have the right to come before Council and make their case, regardless of the issue, and Council must look at each on a case-by-case basis and weigh the facts.  He stated this neighborhood has been working on this issue for over eight years and that the traffic study showed that the neighborhood did need a total of three speed humps.

 

Councilmember Spitaleri stated his motion was to approve Alternative No. 2:  Direct staff to pursue additional traffic calming on Canary Drive

with the addition of:  additional traffic calming to be a permanent calming device, additional funds to come from the General Fund, and no further traffic calming studies or analysis of traffic to be done on this street.

 

Motion failed 3-3 (Councilmember Howe, Moylan and Mayor Swegles dissented, Councilmember Chu absent)

 

Councilmember Howe moved and Mayor Swegles seconded to approve Alternative No. 2:  Direct staff to pursue additional traffic calming on Canary Drive

with the addition of:  within the $5,000 budget and project to be completed in the next twelve months, and no further traffic calming studies or analysis of traffic to be done on this street.

 

Councilmember Spitaleri offered a friendly amendment that staff involves the neighborhood in the choice of the calming device.

 

Councilmember Howe asked if Councilmember Spitaleri would accept the amendment if it were clarified to state:  staff will consult the neighborhood, but staff will make the final decision.  Councilmember Spitaleri accepted the clarification to his friendly amendment and Councilmember Howe accepted the friendly amendment as clarified.

 

Councilmember Moylan offered that the motion be stated as:

 

Council approves Alternative No. 2:  Direct staff to pursue additional traffic calming on Canary Drive

with the addition of: to authorize any additional traffic calming that can be accomplished within a budgetary limit of $5,000, project to be completed in the next twelve months, with no further traffic calming studies or analysis of traffic to be done on this street.  Staff will consult the neighborhood, but staff will make the final decision.

 

Vice Mayor Lee offered a friendly amendment to leave the option open for the neighborhood to contribute the additional $7,000. 

 

Councilmember Howe stated he would not accept that friendly amendment as he does not feel it is reasonable for the City to collect the additional funds from the neighborhood.

 

Motion carried 5-1 (Vice Mayor Lee dissented, Councilmember Chu absent).

  

5.

RESOLUTION RTC 06-161

Resolution of Intention to Levy and Collect Assessment for the Downtown Parking Maintenance District and Approval of the Preliminary Engineer’s Report

 

Robert Paternoster, Director of Community Development, recommended this item be continued to May 30, 2006.

 

Mayor Swegles opened the Public Hearing at 9:19 p.m.  No one wished to speak and Mayor Swegles closed the Public Hearing at 9:20 p.m.

 

Councilmember Howe moved and Councilmember Moylan seconded to approve staff recommendation to continue this item to May 30, 2006.

 

Motion carried 6-0 (Councilmember Chu absent).

 

6.

RTC 06-141

Approval to Issue SMaRT Station®