PRESENT:

Mayor Otto Lee

Vice Mayor Anthony Spitaleri

Councilmember John Howe

Councilmember Dean J. Chu

Councilmember Ron Swegles

Councilmember Melinda Hamilton

Councilmember Christopher Moylan

STAFF PRESENT:

Amy Chan, City Manager

Robert Walker, Assistant City Manager

David Kahn, City Attorney

Robert Paternoster, Director of Community Development

Mary Bradley, Director of Finance

Linda Kim, Manager Columbia Neighborhood Center

Yvette Agredano, Intergovernmental Relations Officer

Marvin Rose, Director of Public Works

Trudi Ryan, Planning Officer

Jack Witthaus, Transportation and Traffic Manager

Katherine Bradshaw Chappelear, City Clerk

1. A.

Approval of Revised Draft Minutes of Regular Meeting of November 14, 2006

1. B.

Approval of Draft Minutes of Regular Meeting of November 21, 2006

1. C.

Approval of Information/Action Items - Council Directions to Staff

1. D.

RTC 06-380

List of Claims and Bills Approved for Payment by the City Manager - List No. 326

Staff Recommendation: Council reviews the attached list of bills.

1. E.

RESOLUTION

RTC 06-374

Resolution Authorizing Filing and Acceptance of Federal Congestion Mitigation and Air Quality Improvement Funding and acceptance of a Bicycle Transportation Account Grant Award for the Borregas Avenue Bicycle and Pedestrian Over-crossings Project and Budget Modification No. 24

Staff Recommendation: Council approves Budget Modification No. 24 to accept the grant awards from Caltrans Bicycle Transportation Account (BTA) grant program ($324,250), and Metropolitan Transportation Commission (MTC) Congestion Mitigation and Air Quality Improvement Program (CMAQ) grant program ($1,895,000), and appropriates those funds to the Borregas Avenue Bicycle Corridor Project.

1. F.

Award of Bid No. F0610-32 for Three Vehicles for the Department of Public Safety

Staff Recommendation: Council awards a contract to Downtown Ford Sales, in substantially the same form as the attached draft purchase order and in an amount not to exceed $73,656, for three vehicles for the Department of Public Safety.

1. G.

RTC 06-373

Award of Bid No. F0608-21 for One Cab/Chassis With a Crane Service Body

Staff Recommendation: Council awards a contract to Monarch Truck Center, in substantially the same form as the attached draft purchase order and in an amount not to exceed $112,739 for a cab/chassis with an installed crane service body.

1. H.

RTC 06-381

Authorization to Increase Expenditures Under an Existing Contract for Emergency Water and Sewer Line Repairs (F0610-39)

Staff Recommendation: Council increases authorized expenditures by $25,000 under an existing blanket purchase order with Able Tank Service, Inc., for emergency sewer and water line repair services, making a total one-year contract amount not to exceed $75,000.

1. I.

Authorization to Modify an Existing Contract for Public Safety Fire Protective Clothing (F0610-37)

Staff Recommendation: Council modify an existing contract with L.N. Curtis and Sons, Inc., for the purchase of Public Safety protective clothing, in substantially the same as the attached purchase order change order which extends the contract term through December 31, 2007, and increases authorized expenditures to $137,990.

1. J.

RTC 06-365

Approval of Final Map (Tract No. 9846, Classics at Kiel Court) - 34 Unit condominiums at the terminus of Kiel Court By Classic Communities

Staff Recommendation: Council approves the final map for Tract No. 9846 and directs staff to forward the final map for recordation upon developer’s execution of the subdivision agreement, submittal of improvement securities, payment of development fees and other documents deemed necessary by the Director of Public Works.

1. K.

RTC 06-376

Revisions to Council Policy Governing Council Meeting Start Times, Recognition of Elected Officials, and Staff-Council Contact and Communications

Councilmember Howe stated parts of this Item were recently discussed in a study session and at that time he stated he had reservations about changing policy 7.3.21 (How Councilmember’s names appear in public print and in what order).  He stated a number of policies were instituted many years ago (such as selection of Mayor and Vice-Mayor) and they have worked seamlessly.  In the past the order of Councilmembers appearing on various documents was set by seniority and it is a good policy. 

Councilmember Moylan stated that it is standard policy in other cities that Councilmembers are listed as Mayor, Vice-Mayor and then alphabetically by last name. When the public sees another order, it raises questions about the existence of a pecking order. Councilmember Moylan stated he had 1999 and 2003 City letterhead where Councilmembers were listed in alphabetical order and that is the standard way to list the Council.

MOTION: Councilmember Howe moved and Councilmember Swegles seconded to approve a revised Alternative No. 1: Council approves revisions to Council Policies 7.3.13 and 7.3.19

with the exception of 7.3.21 (leaving order of Councilmembers on all publications to be Mayor, Vice Mayor and Councilmembers in order of seniority).

VOTE: 4-3 (Mayor Lee, Councilmembers Moylan and Hamilton dissented)

2.

RTC 06-353

Update of the Fiscal Sub-Element of the General Plan (Study Issue)

Mary Bradley, Director of Finance, presented the staff report.

Councilmember Howe verified that nothing in this document would inhibit Council from doing financial audits on any aspect of the City.

Councilmember Hamilton stated that on page 39 of the Fiscal Sub-Element under the Redevelopment Agency Fund, the last full paragraph references Proposition 90 (which was defeated) and asked that the information be updated along with the section on the redevelopment of the mall.

Public Hearing opened 7:32 p.m.

Public Hearing closed 7:33 p.m.

MOTION: Councilmember Hamilton moved and Councilmember Howe seconded to approve Alternative No. 1:  Council approves the updated Fiscal Sub-Element of the General Plan as presented and directs staff to complete the final printing and distribution

with inclusion of two updates on page 39 regarding Proposition 90 and redevelopment of the mall.

VOTE: 7-0 

3.

RTC 06-383

Update on the Operation of Columbia Neighborhood Center and Proposed Revisions to the Agreement between City of Sunnyvale and Sunnyvale School District

Linda Kim, Manager Columbia Neighborhood Center, presented the staff report.

Councilmember Swegles asked if photocells have been considered for the center and/or the pool.  Robert Walker, Assistant City Manager, stated the pools are jointly used by the Sunnyvale School District and to his knowledge there has not been any investigation regarding solar.  The addition to the neighborhood center is currently conceptual, but certainly the use of solar will be a consideration as staff moves forward. 

Councilmember Howe verified that Council is voting on approving revisions to the agreement, but not appropriating any funds.

Mayor Lee verified that the proposed revisions are updates to an old agreement and do not reference any expansion plans, and expansion plans will come back to Council at a later date.

Public Hearing opened 7:43 p.m.

Public Hearing closed 7:44 p.m.

MOTION:  Vice Mayor Spitaleri moved and Councilmember Chu seconded to approve Alternative No. 1:  Council approves all revisions to the Agreement between City of Sunnyvale and Sunnyvale School District for the Operation of Columbia Neighborhood Center at the Columbia Middle School Site.  

Councilmember Chu recognized that a number of Sunnyvale corporations donated funds and provide volunteers to assist with programs at Columbia.  Of particular note is Advanced Micro Devices (AMD)  that donated more than a million dollars.

VOTE: 7-0

4.

RTC 06-362

Annual Public Hearing - Potential Council Study Issues and Budget Issues for Calendar Year 2007

Yvette Agredano, Intergovernmental Relations Officer, presented the staff report.

Councilmember Moylan stated that often an idea is broached that does not appear to be lengthy and the question arises if it should be a Report to Council or relegated to the Study Issues Process.  He suggested that there be a standard where a sponsored study issue receives a cursory overview by staff to determine if it would become a Report to Council instead of waiting until the Study Issue Process.  Assistant City Manager Walker stated the decision for an Item to be addressed by a Report to Council is a decision that would be made on a case-by-case basis and deferred to the City Manager.

Public Hearing opened 7:53 p.m.

Deborah Marks stated concerns about the size of structures being built in her neighborhood.  She asked Council to study the maximum size of homes along with the height, size, and placement of sheds in residential areas.  Councilmember Moylan added that there are two items that Council may want to sponsor:  1) to reduce the lot coverage standard before something comes to the Planning Commission and 2) to revisit reforming the set-back requirements.

Dick Oliver, representing the Parks and Recreation Commission, stated the Commission is  recommending seven study issues:  1) consider revisions to City Ordinance, Chapter 18.10 (Parks and Open Space Dedication); 2) review rental fees for Plaza Del Sol; 3) determine whether to continue agreement with Santa Clara County for operations of Sunnyvale Baylands Park beyond 2011; 4) consider options for use of Raynor Activity Center; 5) evaluate recreation and open space facilities and amenities and determine per capita guidelines for an appropriate balance within the open space system; 6) study the benefits and impact of increasing weekend golf fees - $2.00 for non-resident golfers; and 7) evaluate whether programmed recreation should be provided at Baylands Park.

Sam Hirbod, Steven Spunt, Matt Lonner, and Suzi Blackman, President of Sunnyvale Chamber of Commerce, stated they would like Council to rank the study issue for the sale of snacks at Gas Stations high enough this year for staff to conduct a study. 

Councilmember Howe asked that this study issue be modified to include studying the proximity to schools for alcohol and tobacco product sales at Gas Stations. 

Councilmember Swegles verified that Mr. Hirbod’s main concern was the sale of snack items and sale of alcohol and tobacco would be on a case-by-case basis. 

Councilmember Chu verified with Mr. Hirbod that all surrounding cities allow grocery sales at gas stations similar to Sunnyvale.  The difference is that Sunnyvale states the groceries must be sold through a vending machine.

In response to comments by Mr. Lonner, Councilmember Hamilton asked if the City can accept corporate reimbursement for a contract consultant to work on a City study issue.  Amy Chan, City Manager, stated there is not any precedence for this and she would have to confer with the City Attorney.  Councilmember Hamilton verified that the City Attorney would report back on this issue to Council via a Weekly City Manager’s Report.

Peggy Quillinan and Sally James requested a study issue to return the empty pond in Las Palmas Park to full year-round operation.  Councilmember Chu stated he would sponsor a budget issue on this Item.

Marcelle Selim requested a study for signage for Sunnyvale businesses. 

Wallace Harper, representing the Art Commission, stated they are recommending the following study issues:  1) update of the Arts Sub Element, 2) consider ways the Art Commission can be more involved in selecting Public Art projects for public properties; 3) establish framework for assessment – assessing community recreation funds services to determine relative priorities of needs and allocation of resources to specific activities and use groups within the community; 3) consider options for use of the Raynor Activity Center.

Laura Stuchinsky stated she would like Council to amend the City’s street tree policy to maximize the benefit of large shade trees.  Councilmember Hamilton stated she would sponsor a study issue to review the City’s policies and work toward more sustainability related to trees. 

Councilmember Swegles asked the City Manager if this Item will need to be considered as a budget Item given the cost differences between small and large trees.  City Manager Chan stated it is a policy issue for Council and staff will identify related budget implications.  Councilmember Swegles and Chu stated they would sponsor this issue and an additional study issue to consider the installation of rubberized sidewalks. 

Councilmember Moylan sponsored a study issue to update the list of approved street trees and update the policy so a resident can replace a street tree (at their own expense) with another one from the revised list.

Mr. Lawson, on behalf of Margaret Lawson and himself, stated support for a high Council ranking for the study issue to extend the sustainable building requirements beyond Moffett Park. 

Mayor Lee stated the United States Conference of Mayors has a goal (by 2030) of reaching neutral emissions and he would like Marvin Rose, Director of Public Works, to get back to Council as to the steps needed to meet this goal.

Thomas Mayer and Kevin Jackson, members of the Bicycle and Pedestrian Advisory Committee, asked Council to consider:  1) plan line study to increase bicycle space; 2) policy for the allocation of street space; 3) update review of the corner vision triangle, and 4) bike lane hours of operation – operational review.

Debbie Owens encouraged Council to review the sign ordinances.

Public Hearing closed 9:12 p.m.

Councilmember Moylan stated he would sponsor a study issue on zoning with three components: 1) increase set back requirements; 2) make set back requirements proportional; and 3) revise project floor area ratio (FAR) standard required for a public hearing.

Councilmember Chu stated he would sponsor a study issue on signage for multiple businesses on the same site.  Councilmember Swegles offered to co-sponsor the study issue.

Vice Mayor Spitaleri stated he would sponsor a study issue to reconsider existing Kaiser Hospital left-hand turn onto Homestead.

Staff Recommendation: No action is needed at this time. Councilmembers may request that additional study issue papers and/or budget issue papers be developed for review at the Annual Study Issues/Budget Issues Workshop on December 15, 2006.

Restated Study/Budget Issues

Expand CDD #25 to address the sale of alcohol and tobacco products at service stations (Howe)

Year-round operation of Las Palmas pond (Budget Issue) (Chu)

Review street tree policies to provide more large tree sustainability (Hamilton, Chu and  Swegles)

Consider installation of rubberized sidewalks (Swegles and Chu)

Update list of approved street trees and revise policies related to replacement of existing street trees (at homeowners expense) with different species (Moylan)

Consider increasing set back requirements, creating proportional set backs and revising (FAR) requirements for project to come to a public hearing (Swegles and Chu)

Review sign ordinance to address multiple businesses on the same site (Chu and Swegles)

Reconsider existing policy related to Kaiser Hospital left-hand turn onto Homestead Avenue (Spitaleri)

Expand CDD #44 to include residential and City buildings (Moylan)

5.

ORDINANCE

RTC 06-378

2006-0166 - Danut Postolica [Applicant/Owner]: Application for rezoning and subdivision to construct seven single family homes on a one acre site located at 640 Lakehaven Drive (near Lakewood Terrace) in an R-0 (Low-Density Residential) Zoning District.  (Mitigated Declaration)

·         Rezone from R-0 (Low-Density Residential) to R-0/PD (Low-Density Residential / Planned Development)

·         Tentative Map to subdivide one lot into seven lots and one common lot, and

·         Special Development Permit to construct seven new single-family homes on a private drive 

Trudi Ryan, Planning Officer, presented the staff report.

Councilmember Chu verified that on page 3 of Attachment F, the area labeled Lawrence Expressway, should be labeled Fair Oaks. 

Public Hearing opened 9:22 p.m.

Danut Postolica, applicant, stated his request for approval of this project.

Councilmember Swegles asked the applicant if any portions of the project will be built green and sustainable.  Mr. Postolica stated his project was a conventional building project but he would consider installing solar panels on the roof if the costs were not prohibitive.  

Councilmember Hamilton asked the applicant if he had considered putting six units on the lot instead of seven since each unit is requiring a Variance due to set-backs.  Mr. Postolica stated six units would not be practical from an economic standpoint. 

Mayor Lee verified that Mr. Postolica had not considered greenhouse emission factors regarding these homes, but he agreed to look at green design measures if they are financially feasible.

Mark Barnes stated his support of this proposal.

Thomas Mayer stated he supported the proposal, but would like: a vision triangle to the east of the driveway; clearly marked visitor parking spaces; a west fence to keep children out; and lighting for the John Christian Trail behind Lakewood School.  Councilmember Moylan verified that a vision triangle is required in the conditions of approval for this project

Public Hearing closed 9:38 p.m.

Mayor Lee verified that there is a green building incentive program for industrial construction but nothing specific for residential construction. Officer Ryan noted that there is a Council policy to encourage green and sustainable practices, but there is not a mandate or incentive for residential projects.  Mayor Lee verified that there is not a LEED certification requirement for residential projects at this time.

City Manager Chan stated that the first step in providing notice to developers regarding green construction would be to develop a policy.  Currently, it would be appropriate for Council to encourage developers to use green construction until a policy is in place.

Councilmember Moylan inquired if it is already included in the existing study issue to consider the extension of requirements of sustainable construction beyond the requirements already in Moffett Park.  Robert Paternoster, Director of Community Development, stated that the study issues will address industrial buildings.  Councilmember Moylan stated his intent was to include requirements for sustainability residential projects and City projects.  Councilmember Moylan requested staff expand the study issue to include residential and City projects.

MOTION: Councilmember Swegles moved and Vice Mayor Spitaleri seconded to approve Alternative No. 1:  Council adopts the Negative Declaration and introduces an Ordinance to rezone 640 Lakehaven Drive from R-0 to R-0/PD, and approves the Special Development Permit and Tentative Map with attached conditions as recommended by the Planning Commission

with encouragement to use “green” options in the construction.

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

VOTE: 6-1 (Hamilton dissented)

Mayor Lee asked his colleagues if they wished to continue with the remaining agenda items due to the time and length of the meeting.

Councilmember Moylan stated he wanted to continue with the agenda and all Councilmembers agreed.

6.

RTC 06-372

2006-0757 - Fukui Construction [Applicant] Bautista Justin S Trustee & Et Al [Owner]:  Application for related proposals on an 8,886 square foot site located on 102 Cumulus Avenue (near Sunnyvale-Saratoga Road) in an R-0 (Low Density Residential) Zoning District.  (Negative Declaration)  (Applicant requests continuance to December 19, 2006.)

·         Rezone from R-0 (Low Density Residential) Zoning District to R-0/PD (Low Density Residential / Planned Development) Zoning District,

·         Special Development Permit to allow three single family homes,

·         Parcel Map to subdivide two lots into three lots.

Director Pasternoster stated the applicant for this Item requested a continuance and staff recommends continuing this Item to the Council meeting of December 19, 2006. 

Public Hearing opened 9:56 p.m.

Public Hearing closed 9:57 p.m.

MOTION: Councilmember Howe moved and Councilmember Swegles seconded to approve staff recommendation: Council continues this Item to the Council meeting of December 19, 2006.

VOTE: 7-0

Mayor Lee declared a recess at 9:57 p.m.

Mayor Lee reconvened the meeting at 10:02 p.m.

7.

RESOLUTION

RTC 06-359

Mathilda Avenue Overhead Bridge Rehabilitation Project Environmental Impact Report Certification and Project Approval – Study Issue

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

Councilmember Moylan verified the Environmental Impact Report (EIR) process for this project cost the City approximately $75,000 and took twenty months.  Manager Witthaus stated staff will provide Council with updated construction costs.  Councilmember Moylan verified the EIR process was not to evaluate the existing environmental situation but to evaluate the impact of the project. 

Councilmember Moylan verified with the City Attorney that the EIR does meet the legal requirements and Council does have substantial evidence that would support the approval and certification of the EIR.

Councilmember Swegles verified that funds may be available from the Santa Clara Valley Transportation Authority (VTA) Bicycle Expenditure Program when the list is updated, but the City would compete with other projects already on the list.