APPROVED MINUTES

SUNNYVALE CITY COUNCIL MEETING

TUESDAY, APRIL 24, 2007

 

Pursuant to Government Code Section 54953, Subdivision (b), the following Council meeting included teleconference participation by Councilmember John Howe from 1157 South Plantation Drive, Saint George, Utah. This Notice and Agenda will be posted at the teleconference location; public comment from such address was allowed.

 

7 P.M. Regular Council Meeting

 

SALUTE TO THE FLAG

 

Mayor Lee led the Salute to the Flag

 

ROLL CALL (by Voice)

 

PRESENT:

Mayor Otto Lee

Vice Mayor Anthony Spitaleri

Councilmember John Howe (participation via teleconference)

Councilmember Dean J. Chu

Councilmember Melinda Hamilton

Councilmember Christopher Moylan

 

ABSENT:

Councilmember Ron Swegles (Excused)

 

STAFF PRESENT:

Amy Chan, City Manager

Robert Walker, Assistant City Manager

David Kahn, City Attorney

Robert Paternoster, Director of Community Development

Deborah Barrow, Director of Libraries

Gerri Caruso, Principal Planner

Don Johnson, Director of Public Safety

Katherine Bradshaw Chappelear, City Clerk

 

Mayor Lee announced that due to Councilmember Howe’s participation via teleconference, Council’s roll call and votes will be by voice.

 

SPECIAL ORDER OF THE DAY

 

2007 Fire Poster Awards

 

SPECIAL ORDER OF THE DAY

 

Proclamation Recognizing National Municipal Clerks Week (April 29 – May 5, 2007)

 

PUBLIC ANNOUNCEMENTS

 

Councilmember Chu announced the City will hold an informational meeting regarding serving on a board or commission on Monday, April 30, at 6 p.m. in the West Conference Room. Current vacancies exist on the Arts Commission, Board of Building Code Appeals, Board of Library Trustees, Child Care Advisory Board, Heritage Preservation Commission, Housing and Human Services Commission, Parks and Recreation Commission, Personnel Board (one opening requires nomination by a City employee) and Planning Commission.

Councilmember Moylan announced that San Jose School of Information and Library Science has chosen Valerie Torres of Lakewood Elementary School as their outstanding alumna for 2007.

 

Robert Wedig announced that four Boy Scouts from troop 463 are in the audience this evening in order to learn about City government and work on a communications merit badge which will apply toward becoming an Eagle Scout.

 

CONSENT CALENDAR

 

Councilmember Chu removed Item 1.I. from the Consent Calendar.

 

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

 

Vice Mayor Spitaleri removed Item 1.J. from the Consent Calendar.

 

MOTION: Vice Mayor Spitaleri moved and Councilmember Howe seconded to approve the Consent Calendar with the exceptions of Item 1.A., 1.I., and 1.J.

 

VOICE VOTE: 6-0 (Councilmember Howe (via teleconference) and Councilmember Swegles absent)

 

1.A.   

Approval of Draft Minutes of April 10, 2007

 

 

Councilmember Hamilton requested that her comments as listed in the April 10, 2007 minutes (page 6, third paragraph) be revised. She stated she would like the word “forgotten” replaced with “had not thought”.

 

MOTION: Councilmember Hamilton moved and Councilmember Moylan seconded to approve Item 1.A. as amended.

 

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

 

VOICE VOTE: 6-0 (Councilmember Howe (via teleconference) and Councilmember Swegles absent) 

 

1.B.

Approval of Information/Action Items – Council Directions to Staff

 

Fiscal Items

 

1.C.

RTC 07-123

 

List of Claims and Bills Approved for Payment by the City Manager – List    Nos. 345 and 346

 

 

Staff Recommendation: Council reviews the attached list of bills.

 

1.D.

RTC 07-136

Adoption of FY 2007/2008 Performance Audit Work Plan

 

 

Staff recommends Council adopt the Performance Audit Work Plan to audit the following 20 programs: 

 

Department of Public Works

w    115 – Transportation and Traffic Services

 S 1  117 – City Street Light System

w    118 – Pavement Operations

w    216 – Roadside & Median Right-of-Way Services   

w    217 – Concrete Maintenance

w    218 – Street Tree Services

w    302 – Public Works Dept. Mgmt. & Support Services

     

Employment Development Department

w    535 – Employment Services Provided to the General Public

       536 – Employment Services Provided to Workforce Investment Act (WIA) Enrolled   Participants

       537 – Business Services

       538 – Youth Services

w    539 – Enterprise Support

w     

Office of the City Manager

w     526 – Youth, Family and Child Care Resources

 

Department of Parks and Recreation

w    601 – Parks and Recreation Department Management and Support Services

       646 – Arts and Recreation Programs and Operation of Recreation Facilities

 

Department of Human Resources

w    755 – Recruitment, Classification, and Compensation

     

Department of Information Technology

w    773 – Central IT Systems and Networks

       777 – Evaluate, Procure, and Implement Major Computer Software

       779 – IT Dept. Mgmt. & Support Services

 

       Office of the City Attorney

       786 – City Liability & Property Administration

 

Contracts

 

1.E.

RTC 07-127

 

Award of Bid No. F0603-78 for the Repair of Air Flotation Thickener No. 4 at the Water Pollution Control Plant and Approval of Budget Modification No. 49

 

 

Staff Recommendation:

·         Council awards a contract, in substantially the same form as the attached draft and in the amount of $212,131, to D.W. Nicholson Corp. for the repair of Air Flotation Thickener No. 4 at the Water Pollution Control Plant;

·         Council approves a project contingency in the amount of $42,426; and

·         Council approves Budget Modification No. 49 for funding for this project.

 

1.F.

RTC 07-133 

 

Award of Contract for a Network Storage Device System

 

Staff Recommendation: Council awards a contract, in substantially the same form as the attached draft purchase order and in an amount not to exceed $156,379, to Network Appliance, Inc., for a network storage device and installation and support services. 

 

1.G.

RTC 07-126

 

Award of Bid No. F0601-66 for Diesel Fuel

 

Staff Recommendation: Council awards a two-year contract to SC Fuels, in substantially the same form as the attached draft blanket purchase order, for the purchase of ultra low sulfur diesel fuel for City vehicles, fire apparatus, and motorized equipment.

 

1.H.

RTC 07-132 

Award of Contract for the Overhaul of Power Generation Facility Engine No. 2 (F0604-92)

 

 

Staff Recommendation: Council awards a contract, in substantially the same form as the attached draft purchase order and in an amount not to exceed $173,645, to Peterson Power Systems, Inc., for the overhaul of Power Generation Facility Engine No. 2.

 

 

Other Items

 

1.I.

RTC 07-124

 

Ratification of Council Intergovernmental Committee Appointments

 

 

Councilmember Chu pulled this item because his assignments were changed from what was listed in the staff report. Councilmember Chu stated he has been assigned to the following Metropolitan Transportation Commission (MTC) Standing and Special Committees: Planning Committee; Operations Committee; Legislation Committee; Regional Airport Planning Committee; Dumbarton Rail Planning Committee; Service Authority for Fremont Freeways and Expressways; and Bay Area Toll Authority.

 

MOTION: Councilmember Chu moved and Councilmember Hamilton seconded to ratify the appointment of Councilmember Dean Chu to the following Metropolitan Transportation Commission (MTC) Standing and Special Committees as amended:

 

1)     Planning Committee; 2) Operations Committee; 3) Legislation Committee; 4) Regional Airport Planning Committee; 5) Dumbarton Rail Planning Committee; 6)  Service Authority for Fremont Freeways and Expressways; and 6) Bay Area Toll Authority.

 

VOICE VOTE: 6-0 (Councilmember Howe (via teleconference) and Councilmember Swegles absent) 

 

1.J.

RTC 07-121

 

Approval of Final Map (Tract No. 9849, Aster Avenue) – 80 Unit Condominiums at the Southwest Corner of Aster Avenue and Willow Avenue by KB Home South Bay Inc.   

 

Vice Mayor Spitaleri stated he pulled this item on behalf of Councilmember Swegles and read Councilmember Swegles comments into the record. Within his note, Councilmember Swegles stated he pulled this item to ensure that the builder understands that this area is surrounded by industrial and that the builder also needs to make sure new residents do not come before Council complaining about noise.

 

Mayor Lee opened public comments.

 

A member of the public stated he talked with staff about this project and explained his concern over the pedestrian crossing and lighting issue north of Aster to the Caltrain station. 

 

No one else wished to speak and Mayor Lee closed public comments.

 

MOTION: Vice Mayor Spitaleri moved and Councilmember Hamilton seconded to approve the staff recommendation: Council approves the final map for Tract No. 9849 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.

 

Councilmember Moylan inquired if the member of the public’s concern would be considered as a separate issue since tonight’s action is only the approval of a final map. Director of Public Works Marvin Rose stated the speaker’s concern is really a separate issue. Director Rose stated he will direct staff to look into the specifics of the lighting issue. 

 

VOICE VOTE:6-0 (Councilmember Howe (via teleconference) and Councilmember Swegles absent) 

 

1.K.

ORDINANCE

No. 2831-07

Adoption of Ordinance No. 2831-07 Amending Portions of Title 19 (Zoning) of the Sunnyvale Municipal Code Relating to Automobile Repairs

 

 

Staff Recommendation: Council approves the Second Reading of Ordinance No. 2831–07.

 

STAFF RESPONSES TO PRIOR PUBLIC COMMENTS

 

City Manager Amy Chan stated at the April 10, 2007 Council meeting, she responded to a speaker’s concern over a cell phone transmitter and receiver installation at Ortega Park and their concern regarding how a group of concerned citizens could be heard before it is too late in the process. At that meeting, City Manager Chan stated she incorrectly identified that an informational meeting at the park was sponsored by Cupertino Union School District, and that any cell tower revenue would go to Cupertino Union School District. City Manager Chan stated that meeting actually was sponsored by City staff and at a City park. She apologized as she was thinking of a different site when she responded.

 

City Manager Chan stated the Planning Commission did approve this project last week and yesterday the City received an appeal for this installation. Therefore, Council will consider this item at the June 12, 2007 Council meeting.

 

 

PUBLIC COMMENTS

 

A member of the public thanked the city manager and Councilmember Howe for following up on his previous complaint regarding Walgreens Drug Store. However, he stated there have been problems more recent than five years ago and he would like the City to continue to monitor Walgreens.

 

PUBLIC HEARINGS/GENERAL BUSINESS

 

2.

RTC 07-130

Sunnyvale Library of the Future Study and Strategy: Facility Scenarios

 

Director of Libraries Deborah Barrow presented the staff report.

 

Councilmember Moylan inquired if the only branch facility that staff looked into was a shared-use facility on the Columbia Middle School site. Director Barrow stated staff was given the assignment to look at the Columbia Middle School site; however, staff did examine some other potential sites. Staff looked at the issues that relate to a library branch and all the issues that relate to a branch located at a school site.

 

Councilmember Moylan asked the Director of Community Development if it is within the Redevelopment Authority’s prerogative to include a branch library additionally on the list of possible uses for the Onizuka site. Assistant City Manager Walker responded that the Local Redevelopment Authority (LRA) has taken action to restrict the current exploration to five different options which do not include the use of Onizuka for any public facility. To allow the consideration of a public library would require returning to the LRA for subsequent action at this point. Councilmember Moylan confirmed that it would be within the LRA’s prerogative to consider a sixth possible use and Assistant Manager Walker responded that at this point in time he did not see a reason why staff could not follow that direction if it was given to them by the LRA.

 

Councilmember Moylan asked staff to help him understand why the corner of Mathilda and El Camino was ruled out because based on the staff report it appears to be a great option. Director Barrow stated questions exist as to if that land is really available and whether it needs to remain open space. Within that corner, Councilmember Moylan confirmed with Director Barrow that it is her understanding the parking lot is City property and the building is county property. Director Barrow stated concern exists if the open space is available for something other than open space and if there is enough space in terms of the courthouse site and the existing Sunnyvale Civic Center.  Councilmember Moylan stated the Library diagram for this space did identify green space, but the question is whether there would be enough open space. Director Barrow confirmed there would be concerns over enough open space and encroachment onto the existing Civic Center. Councilmember Moylan inquired as to how the remaining question surrounding open space could get answered prior to tossing this option aside.  Director Barrow stated an appraisal could be performed to see if there are documents relating to that site, and the impact to Civic Center would need to be addressed.

 

Councilmember Hamilton asked staff to explain why the second story addition to the existing library would be cost-prohibitive. Director Barrow stated the cost had to do with the load-bearing issues of adding a second story. 

 

Councilmember Hamilton inquired how useable the existing library would be for office space. Pamela Anderson Brulé, architect, stated her company has not studied the Library for office space, but it appears that the building is in good condition and would be viable for administrative type functions; however, further analysis would need to be done. Councilmember Hamilton inquired if expanding the Library for office space would be cost prohibitive and Brulé stated regardless of the use, adding a second story would be quite expensive; whereas, adding on to the existing building as a single floor addition would be less expensive.

 

Councilmember Hamilton inquired about alternative ways to engage the community other than a branch library. Director Barrow stated she was contacted today about an alternative use of the Library. The proposal involved issuing grant funds for staffing the Library in order to try out a new alternative library use. The proposal would potentially offer the user Internet access to the Library catalog where the user would order the book and then the Library would send their selection to the individual’s home (similar to current methods used by movie-rental companies). Director Barrow continued that a new style of mobile library is another alternative among a number of additional ideas.

 

Councilmember Chu inquired about the square footage listed in the staff report of 143,500 for a new library and asked if it was based on Sunnyvale’s potential population of 157,000.  Director Barrow stated the size of the Library was based on a population of 173,000 which was made up of Sunnyvale residents and additional daytime users.

 

Councilmember Chu asked if there is slightly smaller design for the Library at the existing site that would avoid impacting the community garden. Director Barrow stated the community garden could be incorporated into the open space at the Library.

 

Councilmember Hamilton verified that underground parking is part of the recommendation even though it is more expensive.   

 

Public hearing opened 8:04 p.m.

 

Jim Griffith, representing the Sunnyvale Future Library Committee, stated they support the Library findings in the staff report and the staff recommendations. They are in full support of a new library. Griffith passed out copies of the committee’s plan to gather public support for funding of a new library. The committee believes it is important to preserve Sunnyvale’s commitment to sustainable gardening. Griffith stated it is important to have the full support of the gardening community because from a practical point of view, should this project become a ballot measure, their support will be needed in order to achieve two-thirds of the vote. The committee has ideas on how to make the commitment to the garden work within this project. 

 

Councilmember Hamilton inquired about any ideas the committee would have regarding the gardening community. Griffith stated the proposal for the current library location calls for 30,000 square feet of green space which might be a possibility for the garden.  If this area was not feasible, the committee believes relocation of the garden would not be cost-prohibitive or unreasonable.

 

Councilmember Moylan asked if the committee has ruled out the possibilities of a branch library or a library at El Camino and Mathilda. Griffith stated the committee supports a main library as opposed to a branch, but where it is located is less important than the commitment to a new main library. Councilmember Moylan inquired if the committee has ruled out a branch library, then what would they propose as the solution to get the community to the Library. Griffith stated the committee is not ruling out a branch library if that is the approach the Council wishes to pursue. His understanding however is that a branch library is not practical even though it may be called for. There may be factors other than proximity as to why citizens do not come to the Library, which has been the case for other cities such as Palo Alto that built branch libraries. Councilmember Moylan stated other cities that have double-digit attendance at their libraries also have a branch library, which does suggest a correlation.

 

Vice Mayor Spitaleri stated the ultimate goal is to build a good main library but also to have a branch library. The City of Palo Alto has a main library and five branches and yet, the City of Sunnyvale currently does not have any branch libraries and a large percentage of the community is a significant distance away from the main library.  The City is looking at a real need as opposed to excessiveness.

 

Griffith stated that the committee is not opposed to the notion of a branch but there are a number of logistical aspects that are not being considered such as when a branch is built, there is the issue of doubling the reference collection for that branch, otherwise you have the issue forcing patrons to have to go to the other library because the branch does not have what they need. The cost of a branch because of the administrative overhead makes a branch significantly more expensive than adding the same square footage to a main library. 

 

Griffith stated there is a lot of feedback from the Library community that they would like a branch in the north section of the City; however, there is not a lot of space to build a branch.  Griffith added that to build a branch at Onizuka would not be desirable as it is too removed from the population to be effective.

 

Laurie Hughes stated she urges the Council to preserve the garden in its entirety. 

 

Councilmember Hamilton inquired if Hughes had any comments about the suggestions that have been made for relocating the garden. Hughes stated the gardeners would value being a part of the Library and would support being a part of the proposed library’s green space. 

 

Councilmember Hamilton asked Hughes what impact a one-story and two-story building would have on the garden in terms of shading. Hughes stated vegetables need full sun and in order to be classified as full sun, there needs to be six hours of full sun a day. The impact of the building and how much sun was blocked would need to be further evaluated for Hughes to comment further. Councilmember Hamilton confirmed that six hours of full sun for the entire garden would be the minimum needed.

 

Tom Flaherty, member of the Sunnyvale Future Library Committee, stated his support for the proposed main library and the staff recommendation. Flaherty stated he believes the architect can design the new library without covering over the community gardens and keeping full sun accessibility to the garden.

 

John Lilly, member of and speaking on behalf of the Board of Library Trustees stated the board voted unanimously to support the staff recommendation. He cited reasons why the board voted in favor of this proposal, such as the vital importance of the Library to the community; the fact that the Library has the highest checkout rate in the state; and that the current size of the Library is only half the space of a library adequate for the population of Sunnyvale. Although the Library is good, the board felt that the City is not delivering as good of a resource as possible to the community. 

 

Narendra Pathak spoke in favor of the proposal. He stated the population is growing in Sunnyvale and the Library is treasurer of knowledge in this community. Children need knowledge from a good treasurer (the Library) for their future. He urged Council to approve the Library for future generations.

 

Greg Plant stated he agrees with Councilmember Moylan that the City should have a branch library. He requested that Council respect and cherish the community garden at its current location.

 

Pat Plant stated she would not be in favor of moving the community garden as much time and effort went into that garden. She stated she believes the garden and library could be wonderful partners.

 

Max Babicz and Rohit Ramchandani, members of Future Business Leaders of America Club at Homestead High School, stated they have attended all the Library planning discussions including the charrette. They stated they fully endorse keeping the Library at its current location along with incorporating the garden into the Library open space.

 

Jennifer Williams stated that the community garden provides a reason for her to continue to live in Sunnyvale and believes it is important to keep the Library and garden in their present locations.

 

Erin Carlson stated the community gardens are within her neighborhood and she views the garden as a benefit to her neighborhood. She stated she is in favor of the possibility of the Library being located in the park at Mathilda and El Camino. Currently, she does not use the park because she has seen that it is being used by the homeless.

 

Josh Salans stated he likes the idea of the Library and garden becoming partners. He stated he would not be in favor of a two-story building due to the shading it would cause in the winter. 

 

Mayor Lee inquired if Salans was aware of any other libraries that worked alongside of a community garden. Salans stated there is an aged community garden right alongside the public library on Middlefield Road in Palo Alto.

 

Marlene Brodeur spoke in favor of the community garden and the need to keep it where it is currently located.

 

John Sybalsky stated his concern over the staff proposal as it did not include a branch library.  He urged Council to consider one or several branch libraries. Councilmember Hamilton inquired if Sybalsky was concerned over getting the books into areas under served by the Library or over having a branch library. Sybalsky stated his concern is over both and feels it is important to have a reasonable core reference section that someone can browse through so it is a combination of the two.

 

Margaret Lawson stated her concerns over moving the community garden and stated the Library should integrate with the garden.  Lawson stated she would like the buildings to be carbon neutral and Leadership in Energy and Environmental Design (LEED) certified at the platinum level.

 

Councilmember Hamilton inquired if green building was considered as part of the project and if so was the cost factored into the cost estimates. Director Barrow stated green building was considered; however, staff would need the level of LEEDS certification required from Council in order to truly factor in the cost. 

 

Tara Martin-Milius stated she is in favor of mixed use, whether it is residential or a project such as a garden mixed with a school or library, and fully supports adding a branch library in the community.

 

Alex McKale, President of Friends of the Library, stated he is in favor of setting up branch gardens. McKale stated Council should consider the issue of critical mass when looking at a branch library. For example, the Friends of the Library funds special events such as storytelling and opera visits. However, these events need the community to participate in order to make them successful and it is harder to obtain the critical mass needed to make the event successful at library branch locations.

 

Jeanine Stanek stated her support for integrating the Library with the gardens. Stanek is confident that a solution can be found through creative ideas for a branch library of some type. Stanek suggested staff or the Library groups study what other cities are doing to address the branch library issue.

 

Public hearing closed 8:54 p.m.

 

Councilmember Moylan inquired as to the square footage of the existing library and Director Barrow stated it is 60,800 square feet. Councilmember Moylan confirmed with Director Barrow that the need for the Library is 143,500.

 

Councilmember Hamilton inquired as to how much space is being used for staff offices in the building near the Library. Director Barrow stated the building is approximately 35,000 square feet and that roughly 15,000 to 20,000 square feet is being used by City staff with the remainder being occupied by outside companies.

 

Councilmember Chu inquired what level of LEEDS certification was included in the cost estimate. Architect Anderson-Brulé stated they assumed the Council would be interested in sustainability and some level of LEED certification, but Council would need to establish what they would like to include. There is not a direct line cost between LEEDS; the level chosen, and the direct line to cost.  It is extremely important to determine the goal ahead of time as it becomes very difficult once the process begins to consider it. 

 

Councilmember Chu confirmed Anderson-Brulé was one of the architectural firms involved with the San Jose Martin Luther King Library and inquired as to the LEED certification level for that library. Anderson-Brulé stated a LEED certification level was not requested for that library, but there are many things about the building that are sustainable. LEED certification is a mechanism to achieve points and levels, but there are many things that can be done to be sustainable and do not require certification.

 

Councilmember Chu asked Anderson-Brulé about the concerns (such as shading) of the Library and garden being incorporated together and Anderson-Brulé stated an architect can very creatively look at how to make the two entities work together.

 

Councilmember Chu requested Anderson-Brulé offer what the advantages would be for a two-story versus three-story building. Anderson-Brulé stated a one-story is the preferred library and the reason to build a two-story would be for land value along with other needs in the area. A three-story building emphasizes how people circulate and move through a building. Much of the cost with a three-story building is in operations and making a place where staff can easily move about. Anderson-Brulé continued by stating that a three-story building can be successful, but needs to be carefully considered.

 

Vice Mayor Spitaleri confirmed that the architect is not recommending any reduction in square footage for the Library. Should Council deem the community gardens should remain in their current location; the Library design would need to be reconfigured, which is possible.

 

Mayor Lee inquired if adding solar panels to the roof of the proposed library has been considered and Anderson-Brulé stated adding solar is certainly one of the ways to achieve LEED points and create sustainability.

 

Mayor Lee confirmed with Anderson-Brulé that to incorporate the community gardens at their current location with the Library would be a challenge, but that it could be done.  Anderson-Brulé stated she would want to take the time to understand the criteria of the garden; create connectivity, and address any shading issues.

 

Mayor Lee inquired if Anderson-Brulé was aware of any other libraries designed with a garden built in. Anderson-Brulé stated she is not aware of any libraries with the garden built into them, but there are several libraries that have gardens adjacent to them.

 

Due to his absence, Councilmember Swegles provided written comments for the record. Vice Mayor Spitaleri read Councilmember Swegles comments which included appreciation to staff for a great report and his approval of the Library project and the staff recommendation. Councilmember Swegles continued to write that he would like the Library remain single-level with adequate parking.

 

City Manager Chan requested staff comment on the operating costs for a main library and also a branch library. Director Barrow stated the annual operating costs (in addition to what the current costs are) for a main library would be approximately $1.2 to $1.3 million for a two-story building. A branch library the size of what is currently being discussed (16,000 to 24,000 square feet) would have annual operating costs of approximately $1.1 million.

 

MOTION: Councilmember Hamilton moved and Councilmember Chu seconded to approve staff and Board of Library Trustees recommendations (Alternatives 2, 7 and 8) with modifications:

 

Alternative 2:  Council approves exploration of the costs and other considerations to build a 143,500 square foot new main library on the Civic Center campus on City-owned property currently occupied in part by the Sunnyvale Office Center, or by the current library

with the addition of:

·       design the footprint of the building in a way that preserves the community garden

·       aim for LEED platinum certification goal (unless cost prohibitive)

 

Alternative 7: Council chooses not to build a branch l