APPROVED MINUTES
SUNNYVALE CITY COUNCIL

May 9, 2006

 

NOTE: Pursuant to Government Code Section 54953, Subdivision (b), this meeting included teleconference participation by Vice Mayor Lee from the Toronto Sheraton, 123 Queen Street West, Toronto M5H 2M9 Canada.  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 6:00 p.m. Study Session pertaining to: Overview of Santa Clara County Proposed One-Half Cent Sales Tax Increase 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 Anthony Spitaleri

Councilmember Christopher Moylan

 

ABSENT:

Councilmember Melinda Hamilton (Excused)

 

STAFF PRESENT:

Amy Chan, City Manager

Rebecca Moon, Assistant City Attorney

Robert Paternoster, Director of Community Development

Don Johnson, Director of Public Safety

Mary Bradley, Finance Director

Jack Witthaus, Transportation and Traffic Manager

Marvin Rose, Director of Public Works

Annabel Yurutucu, Housing Officer

Trudi Ryan, Planning Officer

Jim Craig, Superintendent of Field Services

Coryn Campbell, Neighborhood and Community Resources Manager

Katherine Bradshaw Chappelear, City Clerk

SPECIAL ORDER OF THE DAY

Department of Public Safety Awards - Don Johnson, Director of Public Safety, presented Awards to Public Safety Officers.

PUBLIC ANNOUNCEMENTS

Councilmember Spitaleri announced that the City’s Child Care Advisory Board selected this year’s recipients of the City’s Annual Award for Excellence in Early Education.    

 

Councilmember Spitaleri announced the City (serving as the Onizuka Air Force Station Local Redevelopment Authority) is accepting applications for membership on the Onizuka Citizen's Advisory Committee (CAC). 

 

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

 

Councilmember Spitaleri announced that Fremont Union High School has three vacancies on its school board. There will be a 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.

 

Mayor Swegles congratulated Sunnyvale resident Ivy Fox on the celebration of her 90th birthday. 

 

Mayor Swegles announced that Safeway and 511 Rider Share Program have a $100 reward program for solo drivers who join carpools by the end of July 2006.

 

Laura Babcock announced the Sunnyvale Historical Society will be receiving a California Cultural and Historic Endowment Grant (Proposition 40) in the amount of $600,000.  Saturday, September 30, 2006 has been set as the Ground-Breaking day for the museum and the community is invited.

 

Dave Whittum announced the next Heritage District and Lowlanders Neighborhood Association Meeting will be held at Murphy Park on Friday, June 2, 2006 at 7 p.m.

 

Tap Merrick, Chairman of the “Save Peterson Field Committee”, announced two important meetings: Wednesday, May 10 at 7 p.m. in the Council Chambers with the Parks and Recreation Commission and Thursday at the Santa Clara Unified School District Administration Building, located at 1889 Lawrence Road.

CONSENT CALENDAR

Councilmember Howe requested Item 1.A. be removed from the consent calendar in order that it may be voted on separately, because he was absent from the meeting and will need to abstain from voting on the item. 

 

Councilmember Chu requested Item 1.E. be removed from the Consent Calendar.

 

Councilmember Howe moved and Councilmember Moylan seconded to approve the Consent Calendar with the exception of Item 1.A. and 1.E.

 

Motion carried 6-0 (Vice Mayor Lee teleconferencing and Councilmember Hamilton absent).

 

1.A.

Approval of Draft Minutes of Regular Meeting of April 25, 2006

 

Councilmember Chu moved and Councilmember Moylan seconded to approve the revised draft Minutes provided at the Council meeting.

 

Motion carried 5-1 (Vice Mayor Lee teleconferenced, Councilmember Howe abstained, Councilmember Hamilton absent).

 

1.B.

Approval of Information/Action Items – Council Directions to Staff

 

Council approved as submitted.

Fiscal Items

1.C

RTC  06-144

List of Claims and Bills Approved for Payment by the City Manager (List No. 296 & 297)

 

Council approved as submitted.

 

1.D

RTC  06-128

City of Sunnyvale Investment Report 1st Quarter 2006

 

Council approved as submitted.

 

1.E

RTC  06-123

Transmittal of Solid Waste Program Results Audit FY 2004/2005

 

Councilmember Chu stated he pulled this item in order to allow the public to have a better idea of what this audit entails.  He stated the City conducts performance audits of various functions of the City, and this audit is for the City’s Solid Waste Program.  He commended staff for an excellent audit and recognized that 24 out of 25 program measures were measured accurately. Councilmember Chu explained that every function in the City is measured, and asked the City Manager to identify which program will be the next audit.

 

Amy Chan, City Manager, stated that the City audits about 15 programs per year.  Mary Bradley, Director of Finance, stated that the next program will be Golf Operations and that the proposed audits for the new fiscal year will be presented to Council in mid-June.

 

Councilmember Chu and Councilmember Howe seconded to approve
Item I.E.

 

Motion carried 6-0 (Vice Mayor Lee teleconferenced and Councilmember Hamilton absent).

 

1.F

RTC  06-121

Request for Acceptance of Transportation Fund for Clean Air Grant for Evelyn Avenue Bicycle Lane Project and Budget Modification No. 23

 

Council approved as submitted.

 

1.G

RTC  06-148

Acceptance of Additional Fiscal Year 2005/2006 Homeland Security Grant Funding and Budget Modification No. 24

 

Council approved as submitted.

Personnel Items

1.H.

RESOLUTION

RTC 06-151

Management Re-Organization of the Office of the City Manager – Establishment of the Following Job Specifications:  Communications Officer, Intergovernmental Relations Officer, Community Resources Managers, Youth and Family Resources Manager and Revisions to the Job Specifications for City Clerk and Assistant to the City Manager

 

Council approved as submitted.

Contracts 

1.I.

RTC 06-134

Award of Contract to Conduct a Before and After Study of City’s Adaptive Traffic Signal System

 

Council approved as submitted.

 

1.J.

RTC 06-136

Award of Bid No. F0501-41 to Rehabilitate One Digester at the Water Pollution Control Plant

 

Council approved as submitted.

 

1.K.

RTC 06-137

Extension of an Existing Lease of Three Electric Vehicles for the Pool Car Fleet (F0503-66)

 

Council approved as submitted.

Other Items

1.L.

ORDINANCE

No. 2809-06

Adoption of Ordinance No. 2809-06 Amending the Precise Zoning Plan, Zoning Districts Map, to rezone Certain Property located at 595 Lawrence Expressway from M-S (Industrial and Service) to M-S/PD (Industrial and Service/Planned Development) Zoning District

 

Council approved as submitted.

STAFF RESPONSES TO PRIOR PUBLIC COMMENTS

None

 

PUBLIC COMMENTS

Larry Curb, Principal at Columbia Middle School, stated the services and partnerships in Sunnyvale are unmatched compared to the other cities where he had worked. He complimented City staff from Parks and Recreation, Neighborhood and Community Resources and Public Safety along with City Manager Chan and Assistant City Manager Walker.

 

Tap Merrick stated he approved of electronic speed signs, but would like to see information about how long the signs will last, and the cost of the annual maintenance fees.  He spoke in favor of having speed bumps because he had concerns that citizens would get used to the signs and eventually not pay attention to them.

 

Tom Mayer, Chair of the Bicycle and Pedestrian Advisory Committee, stated the City recently won an award from the League of American Bicyclists.  He stated without the commitment and competency from Jack Witthaus, Transportation and Traffic Manager, the City would not have received the award. Mr. Mayer wished to see an emphasis on mass-transit as a viable alternative for commuting to and from work.

 

PUBLIC HEARINGS/GENERAL BUSINESS

2.

RTC 06-140

Sunnyvale Caltrain Station North Side Access – Position on Near Term Improvements

 

Jack Witthaus, Transportation and Traffic Manager, presented the staff report and clarified that this issue is pertinent only to a pedestrian access pathway at the intersection of Hendy and Frances Streets.

 

Councilmember Moylan asked if citizens are able to get to the northbound platform without crossing the tracks.  Manager Witthaus stated the current access is from Evelyn Avenue through the Caltrain station using the protected crossings from the south platform to the north platform.

 

Councilmember Howe asked how a 4-way stop sign is justified as the traffic at that location is not significant enough to warrant a stop sign.  Manager Witthaus stated there are special conditions within the federal regulations which allow for a stop sign, such as a high number of pedestrians or when visibility issues exist.  Staff believes all these conditions exist at this location.

 

Councilmember Howe asked how the trash will get picked up and Manager Witthaus stated it will be picked up on the same day as the neighborhood collection. 

 

Councilmember Spitaleri asked how many of the community members who attended the meeting regarding this issue were not from the immediate area.  Manager Witthaus stated more than one-third of those in attendance were not from the neighborhood.

 

Councilmember Spitaleri asked what type of pedestrian traffic occurs in this area during the evenings and weekends.  Manager Witthaus stated staff has not done any formal counts, but they anticipate there is demand during weekends.

 

Councilmember Spitaleri asked how parking will be addressed for those who drive to this location for commuting.  Manager Witthaus stated parking in the area has a seven-hour limit which addresses the commuter.  He stated there is some unrestricted parking along Hendy Avenue and that Council could recommend that staff look into this issue.

 

Councilmember Chu asked if the intersection corners of Frances and Hendy will be made compliant per the Americans with Disabilities Act (ADA).  Manager Witthaus stated staff would replace two existing ramps on the south side of the street to accomplish compliance.

 

Councilmember Chu asked how the access point will be funded.  Manager Witthaus explained the specific funding source has not been confirmed, but that the Santa Clara Valley Transportation Authority (VTA) staff stated there is a station improvement budget for Caltrain that would be used for the construction of this project.  In addition, the City has an existing grant to do design work through the VTA’s Community Design and Transportation Fund.

 

Councilmember Chu asked what the time table would be for installation of the access point, should the project be approved.  Manager Witthaus stated the project would have to be designed, but was confident that it could be completed in six months or less.

 

Mayor Swegles opened the Public Hearing at 8:03 p.m.

 

Jim Lawson, Government Affairs Manager with the VTA, stated they are happy to assist the City with this project, but they do not have any money identified for this project.

Tom Mayer, Chair of the Bicycle and Pedestrian Advisory Committee (BPAC), stated the committee strongly supports the staff recommendation, and urges Council to direct staff to investigate a northwest opening along with the northeast opening.

 

Melinda and Gerry Cook, residents on Frances street, spoke against the north side access due to the negative effects on the neighborhood, and would like the access closed permanently.

 

Dave Whittum spoke in favor of the staff recommendation.

 

Chuck Nolan spoke in favor of the upgrade to the crossing, but opposed the 4-way stop sign.

 

Tom Carrig, President of the Heritage District Neighborhood Association, spoke in favor of the proposed crossing.  He stated the parking structure is not used due to the distance from the station and would like Council to direct staff to investigate a northwest opening along with the northeast opening.  Councilmember Moylan asked Mr. Carrig if he has a suggestion as to how to mitigate the parking concerns of the neighborhood near the station versus the non-use of the parking structure.  Mr. Carrig stated the neighborhood parking could be corrected if the parking structure next to the train were changed to a free parking area.

 

Dave Wurfer (on behalf of his grandmother), Suzan Brumm, Arthur Schwartz, Hawk, Anuj Aggarwal, and Dick Oliver spoke in favor of the proposed access point.

 

Armando Gonzalez expressed concerns about the shuttle bus which races down the street, and stated the bus should be PUC regulated and the driver should have a special license.  He asked that Public Safety regulates the shuttle’s hours of operation and would also like a sign identifying residential permit parking be placed in the neighborhood.

 

Tom Keegan stated Council should direct the VTA to reopen the access that was in place until the new access can be constructed and also would like to see a stop sign added.  He stated the poll that staff took was poorly constructed, and that Council should disregard the poll.  Mr. Keegan stated that trash is an issue and he would like to see the City put in trash cans along the street along with “no littering” signs.

 

Mike Lindsay stated there are four sets of tracks in Sunnyvale which makes crossing even more difficult.

 

Jakob Trconic stated his concerns about trash in the area, excessive parking on the neighborhood streets, and requested parking permit signs.

 

Robert Snell stated the parking garage for Caltrain has been empty since the three-hour limit was imposed, and asked Council to open the lot up for commuters.

 

No one else wished to speak and Mayor Swegles closed the Public Hearing at
8:41 p.m.

 

Councilmember Howe asked if six months was a realistic time frame for this access to open and questioned who will be funding this access.  Manager Witthaus stated although a specific source of money has not been identified, the indications from VTA staff are that potential funds may be available for this small project.  He stated another opportunity (which the VTA has agreed to) would be to take the grant received for design and planning and covert a portion of it for capital construction.  Councilmember Howe confirmed with Manager Witthaus that if funding was identified within the next thirty days, then the timing for the opening of the access would be six months or less.

 

City Manager Chan stated the Chief Operating Officer from Caltrain who is in attendance would be able to give a more accurate account of the timing.  Mayor Swegles invited the Chief Operation Officer from Caltrain, Mr. Harvey, to speak on this issue.  Mr. Harvey stated that Caltrain does support the opening of this access, but stated the funding dilemma does need to be solved and that Caltrain does not have any money in their current capital budget to fund this project.  He stated that local station improvements are funded by the authority of that member agency in that county and they have been speaking with the VTA about funding for this improvement.  Mr. Harvey also stated the area previously used as an access point, will not be reopened until the improvement is rebuilt, because it was never a formal opening and an ADA claim has been filed.

 

Councilmember Chu inquired about the average usage of the mutli-modal garage, and Mr. Harvey stated it is at 80 to 84% usage with about 80 spots available.

 

Councilmember Howe stated the BPAC recommendation was to approve two openings, and asked if Council were to recommend opening both accesses, would one delay the installation of the other.  Marvin Rose, Director of Public Works, stated that adding the additional opening requested by BPAC could slow down the process.

 

Councilmember Chu moved and Councilmember Moylan seconded to approve Alternatives Nos. 1 and 2: Council supports construction of a walkway from Hendy Avenue to the Sunnyvale Caltrain station north platform, subject to negotiation and formalization of any required cooperative agreements, permits, funding or other arrangements between the City, Caltrain, and the Santa Clara Valley Transportation Authority and directs staff to transmit this position to Caltrain, and authorizes the City Manager to negotiate and execute any required agreements to facilitate construction of this access -

 

With the following additions:

Direct staff to install an all-way stop sign at Hendy Avenue and Frances Street coincident with construction of a walkway and to monitor the parking situation in the immediate area and determine if additional parking restrictions are needed; report back to Council within six months after the opening occurs, and forward a letter to Caltrain Joint Powers Board stating the City’s position.

 

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

 

Mayor Swegles called for a five-minute recess.  Mayor Swegles reconvened the meeting.

 

3.

RTC 06-145

FY 2006-2007 Action Plan: Recommendations for Appropriation of Community Development Block Grant (CDBG) and HOME funds and Recommendations regarding Support to Outside Groups

 

Annabel Yurutucu, Housing Officer, presented the staff report.

 

Councilmember Howe asked how long the City has been distributing housing rehabilitation loans.  Officer Yurutucu stated the program has been in existence for approximately 25 to 30 years. 

 

Councilmember Howe asked if the City is actually paid back for these loans and also if the ceiling on the loans is appropriate.  Officer Yurutucu stated that the City is paid back on these loans, and all of the funds used to support the housing rehabilitation program are directly derived from program income that is put into a revolving loan fund.  The current-year funding is used to support the housing rehabilitation program.  This funding is used for the cost of staff to implement the program, because Housing and Urban Development (HUD) will not allow the City to use the revolving loan fund to pay for staff support. 

 

Councilmember Howe asked staff to comment on the appropriateness of the amount of the loans.  Officer Yurutucu stated that the amount was not too high since the object of the loan is to help with all the costly deferred maintenance.

 

Councilmember Howe confirmed with staff that they have not turned down any applicants due to the exhaustion of funds in any given year.

 

Mayor Swegles opened the Public Hearing at 9:21 p.m.

 

Jacquey Carey, Housing Director for Cupertino Community Services, thanked the Council for their support as a partner in the Rotating Shelter Program, and stated she hoped the Council will continue funding the program.

 

Susan Tingley, Ombudsman for Santa Clara County, thanked the Council on behalf of their program for the City’s long-standing support.

 

Michelle Smith, representative from Friends for Youth, thanked Council for their support. She stated they support the City’s Housing and Human Services Commission recommendations with staff adjustments.

 

Diana Argabrite, Director of Euphrat Museum of Art at DeAnza college, thanked the Council for their support.

 

Georgia Bacil, Directing Attorney of Senior Adults Legal Assistance, thanked Council for their past support and urged Council to support the staff recommendation.

 

No one else wished to speak and Mayor Swegles closed the public hearing at
9:30 p.m.

 

Councilmember Howe moved and Councilmember Spitaleri seconded to approve Alternative No. 1:  Council adopt staff’s funding recommendations of $3,234,347 in CDBG funds and $703,400 in HOME funds for FY 2006-07 as detailed in Tables IV, V and VI in the staff report.

 

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

 

Mayor Swegles stated that due to the length of the agenda, some items may need to be moved to another meeting.

Councilmember Howe moved and Councilmember Spitaleri seconded to move Agenda Items Nos. 6 and 7 to the Council meeting of May 16, 2006.

 

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

 

4.

ORDINANCE

RTC 06-139

Study Issue:  Zoning Tools to Encourage the Development of Ownership Housing

 

Trudi Ryan, Planning Officer, presented the staff report.  She stated the report contains 45 tools that may affect the development of ownership housing, and both staff and the Planning Commission recommended 15 of the options.

 

Councilmember Howe asked if this report will ensure owner-occupied units at the mall as the project develops.  Robert Paternoster, Director of Community Development, stated that the City is not able to dictate if a property will be ownership or rental, but they can provide incentives for developers to provide ownership-type housing.  Councilmember Howe stated he understood there was a statement in the agreement with the mall developer that there would be ownership units.  Director Paternoster stated this item will not affect any previous agreements with the mall.

 

Councilmember Howe asked if new building practices mandate separate metered utilities, and Officer Ryan stated that generally on brand new construction that would be the approach.

 

Councilmember Howe stated he would like to sponsor a study issue on separately metered utilities (including condo conversions) in the City.

 

Councilmember Chu verified that the set back and height limits (listed on page 18 of the staff report) allowed for different zoning standards for townhomes in the same zoning district.

 

Councilmember Moylan asked if apartments were to convert to condominiums, would they be at a lower end of the median price, as opposed to a unit that was built to be a condominium.  Officer Ryan stated that the construction is essentially the same for apartments and condominium.  She stated that amenities make the difference, and frequently when a unit is converted; a substantial investment is made on the interior along with upgrades to the exterior of the building, which is required through the use permit process for conversion. 

 

Councilmember Moylan asked if staff believes that an apartment conversion versus a townhome would sell for the same price.  Officer Ryan stated if both units are equal in size and location, they should sell for about the same price.  Director Paternoster stated the Housing and Human Services Commission expressed their opinion that if a larger number of converted apartments were made available as affordable housing; the displaced renters may be able to become homeowners. 

 

Councilmember Moylan asked why they have proposed to remove the vacancy restriction and yet require that vacancy data be collected once a year.  Officer Ryan stated if there are more than 175 units proposed for conversion; the Planning Commission could use that information to determine whether or not the finding would impact the community’s ability to provide housing for all economic segments of the community.

 

Councilmember Chu asked if there was a connection between the Below Market Rate (BMR) requirement increasing to 15% and a conversion of five of more units.  Planning Officer Ryan stated the lower number was considered because condo conversions may come in a number of different sizes.

 

Mayor Swegles confirmed that a mobile home is still considered by staff to be owner occupied, even though they lease the land.

 

Mayor Swegles opened the Public Hearing at 10:01 p.m.

 

Dr. Beverley Bryant, Executive Director of the Home Builders Association of Northern California, stated the ownership of homes in this area must be high-density.  She stated increasing the BMR to 15% is of concern for condo conversions, because that makes homes more unaffordable as BMR is passed on to all the other homes in the area She urged Council to keep the BMR at 12.5%.

 

Christopher Draper, Government Affairs Coordinator for the Silicon Valley Association of Realtors, stated the Association appreciates the Council efforts to provide affordable housing.  He stated the Association is in favor of condo conversions but do not think the BMR increase is necessary.

 

Paul Cardus, Government Affairs Director for the Silicon Valley Association of Realtors, stated the benefits of home ownership and echoed the comments and concerns of Mr. Draper and Dr. Bryant.

 

Chuck Nolan urged Council to look at underground parking at developments and spoke in favor of high density building such as units over buildings.

 

No one else wished to speak and Mayor Swegles closed the Public Hearing at 10:13 p.m.

 

Councilmember Moylan moved and Councilmember Howe seconded to approve Alternative No. 2:  Alternative No. 1 with modifications.

 

With the following modifications:

In place of 1.A., the revised policy should state: encourage the development of housing options in the City with the goal that the majority of housing in the City is owner-occupied.

 

Delete 1.C.iii. – Reduce interior setbacks for single-family detached and townhome-style developments (Tool f)

 

Delete 1.C.ix.3. – The BMR requirement is increased to 15% and conversion of 5 or more units are required to provide BMR Units (Tool ff).  Therefore, retaining the 12.5% BMR requirement and standard number of BMR units.

 

Councilmember Chu made a friendly amendment to amend the reference in item 1.B. of Alternative No. 1 from “cc” to “mm”.  Friendly amendment was accepted.

 

Rebecca Moon, Assistant City Attorney, stated concerns with revising the policy as proposed by the motion due to a possible perception of excluding renters.  City Manager Chan stated staff will come back with a recommendation should the motion pass and if modification to the language has any legal complications.

 

Councilmember Howe asked Assistant Attorney Moon to share with the City Attorney, that it is the will of this Council to reverse the trend of homeownership’s sliding percentage.  He stated Council wishes to use these zoning tools contained in the staff report to have at least 50% (if not more) home ownership in the City.

 

Katherine Bradshaw Chappelear, City Clerk, read the Ordinance title into the record.

 

Motion carried:  6-0 (Vice Mayor Lee teleconferenced and Councilmember Hamilton absent)

 

5.

RESOLUTION RTC 06-142

Study Issue – Abandoned Shopping Carts – Create Ordinance and Procedure for Dealing with Shopping Carts from Stores that are Left Abandoned on Public and Non-(Cart) Owner Private Property

 

Jim Craig, Superintendent for Field Services, presented the staff report.

 

Mayor Swegles opened the Public Hearing at 10:36 p.m.

 

Harriet Rowe, Dave Whittum, Vikas Kapur, and Megan Dyer spoke in favor of staff recommendation.

 

Chuck Nolan spoke in favor of Public Safety enforcing the law for stealing shopping carts instead of placing the burden on the businesses that own the carts.

 

Tommy Carrig offered a suggestion to place chips in the cart that would go off when they were removed.  He thinks Public Safety sho