PRESENT:

Mayor Otto Lee

Vice Mayor Anthony Spitaleri

Councilmember John Howe (left the meeting prior to Item No. 3)

Councilmember Dean J. Chu

Councilmember Ron Swegles

Councilmember Melinda Hamilton

Councilmember Christopher Moylan

ABSENT:

Councilmember John Howe (left the meeting prior to Item No. 3)

STAFF PRESENT:

City Manager Amy Chan

Assistant City Manager Robert Walker

City Attorney David Kahn

Director of Community Development Hanson Hom

Principal Planner Gerri Caruso

City Clerk Gail Borkowski

1.A.

Approval of Revised Draft Minutes of November 27, 2007

Meyering stated his comments made during the November 27, 2007 Council meeting were not included in the minutes of that meeting. Meyering stated his comments omitted from the minutes concerned names of commissioners who voted to deny the public the right to speak and the name of the person who allegedly smeared two commissioners and made derogatory remarks.

Meyering stated the City Attorney previously explained that names are public information. Meyering stated the City should not sponsor anonymous slurs against Sunnyvale residents who volunteer to serve on City boards and commissions. Meyering restated his remarks made during the November 27, 2007 Council meeting, which included the city manager being aware of the City’s violation of the state law open meeting act; the city manager’s intentional false statement regarding publishing document 07-217 to the City’s Web site, and violations to the City’s Code of Ethics. Meyering stated two volunteers have been discredited for doing their job and sharing a problem with Council. 

Meyering requested Council instruct the city manager to identify the name of the individual who smeared two volunteer commissioners; identify the exact name of the commissioners who voted to deny the public the right to speak in March of 2008, and also to reposition his comments into the minutes of November 27, 2007.

Councilmember Moylan confirmed that the section Meyering wishes to have changed in the minutes is on page 7 of the minutes, where Meyering’s comments were summarized. Meyering stated a summary would be a brief overview of his comments which are not listed and that is his issue with the minutes.

Charles Clark stated he is concerned over the accuracy of the minutes. Clark asked how minutes are generated and Mayor Lee explained that each meeting is tape recorded and the Office of the City Clerk summarizes the content of that tape to produce draft minutes. Mayor Lee stated from time to time unintentional errors and omissions occur, which is why the minutes come to Council in draft form. Draft minutes are open to both the public and Council for comment. Occasionally, Council may ask the city clerk to go back and review the tape; however, information will not be added and comments will not be changed.

MOTION: Councilmember Hamilton moved and Councilmember Howe seconded approval of the Revised Draft Minutes of November 27, 2007 as presented.

VOTE: 7-0

1.B.

Approval of Information/Action Items – Council Directions to Staff

1.C.

RTC 07-415 

Lists of Claims and Bills Approved for Payment by the City Manager – List  No. 378 & 379

Staff Recommendation: Council reviews the attached list of bills.

1.D.

RTC 07-403 

Acceptance of California Office of Traffic Safety Sobriety Checkpoint Mini-Grant and Approval of Budget Modification No. 26

Staff Recommendation: Council allows the Department of Public Safety to accept the
Mini-Grant in the amount of $28,441 and appropriate the monies to a Special Project to conduct three Sobriety Checkpoints in December 2007/January 2008, July 2008, and September 2008.

1.E.

RTC 07-414

FY 2006/2007 Budgetary Year-End Financial Report and Comprehensive Annual Financial Report and Approval of Budget Modification No. 27

Staff Recommendation:

·      Council receives and files the budgetary Year-end Financial Report, the audited Comprehensive Annual Financial Report, and the Management Letter issued by the independent auditors; and

·      Council approves Budget Modification No. 27.

1.F.

RTC 07-373 

Award of Contract for Public Safety Uniforms and Equipment (F0710-39)

Staff Recommendation: Council awards a one-year contract to Summit Uniforms, in substantially the same form as the attached draft blanket purchase order and in an amount not to exceed $155,000 for Public Safety uniforms and equipment.

1.G.

RTC 07-418 

Authorization to Increase Authorized Expenditures Under Three Existing Contracts for On-Call Plan Review and Inspection Services (F0711-53)

Staff Recommendation:

·      Council authorizes the amendment of an existing contract with CSG Consultants Incorporated, in substantially the same form as the attached draft, by increasing authorized expenditures from $50,000 to $200,000 through July 26, 2008;

·      Council authorizes the amendment of an existing contract with 4Leaf Incorporated, in substantially the same form as the attached draft, by increasing authorized expenditures from $50,000 to $200,000 through July 10, 2008; and

·      Council authorizes the amendment of an existing contract with Shums Coda Associates, in substantially the same form as the attached draft, by increasing authorized expenditures from $50,000 to $200,000 through July 10, 2008.

1.H.

RTC 07-407 

Consultant Services Agreement for George Hills Company Incorporated for Claims Administration and Statistical Reporting Services

Staff Recommendation: Council approves the agreement with George Hills Company Incorporated, in an amount not to exceed $150,000.

1.I.

RTC 07-417 

Award of Request for Proposals No. F0710-44 for Onizuka Redevelopment Analysis and Preparation of Final Reuse Plan

Staff Recommendation: Council awards a contract to Bay Area Economics in substantially the same format as the attached draft and in the amount not to exceed $290,000 for the analysis of reuse options and preparation of the Final Redevelopment Plan for the Onizuka Air Force Station.

1.J.

RTC 07-413

Authorization for NOVA to Apply for Workforce Investment Act Funds for the California Gang Reduction, Intervention and Prevention Initiative (CalGRIP) in an Amount not to Exceed $400,000

Staff Recommendation: Council authorizes the submission of an application to the State of California Employment Development Department for Workforce Investment Act 15 percent funds for the Governor’s Gang Reduction, Intervention and Prevention Initiative in an amount not to exceed $400,000.

1.K.

ORDINANCE

2863-07

Adoption of Ordinance No. 2863-07 Approving a Cable System Franchise Extension Between the City of Sunnyvale and Comcast of California IX, Inc.

Staff Recommendation: Council approve the second reading of Ordinance No. 2863-07.

4.

RTC 07-419

Request by staff for Continuance of 2007-0754 - Study Issue: Parking Requirements for Residential and Commercial Developments. A review of the City's current parking requirements on commercial and multi-family (townhomes, condominiums, apartments) housing projects, and parking requirements needed for future developments

Director of Community Development Hanson Hom stated this item did not go to the Planning Commission until December 17, 2007 due to scheduling problems. Director Hom stated in order to properly represent to Council the Planning Commission’s recommendation; this item will need to be continued to the earliest date available.

Public hearing opened at 7:32 p.m.

Connie Portele inquired if it would be possible to include medical office buildings in this study, since this item is being continued. Portele stated medical office buildings are causing the surrounding neighborhoods to become parking lots.

Councilmember Swegles confirmed with staff that medical office buildings were not included in the study and therefore they were also not included in the staff report that went to the Planning Commission.

Councilmember Moylan inquired if the study covers remedies for an approved commercial area where some of the uses intensify. Director Hom stated an actual change in use or intensification of a use per the zoning code was reviewed with regard to general commercial and residential uses. Director Hom stated that review does not quite address the speakers concern which is over expanded use without a change in the zoning code. 

Portele stated that her concern stems from an incident where a medical site consolidated into a renovated existing use which caused immediate overflow parking issues.

Public hearing closed at 7:37 p.m.

MOTION: Councilmember Chu moved and Councilmember Swegles seconded to approve staff recommendation: Council continues this item to February 12, 2008.

Councilmember Swegles offered a friendly amendment to include medical offices in the study. 

City Manager Amy Chan stated if Council wishes to expand the scope of the study, then the item will not be scheduled and staff will need to come back to Council. An expanded study will also need to return to the Planning Commission for consideration and recommendation.

Councilmember Swegles confirmed that a study of medical offices could be done as a separate study issue. Councilmember Swegles requested that a review of the City's current parking requirements at medical offices and parking requirements needed for future development be brought forward as a study issue during the January 2008 study issues workshop.

Mayor Lee confirmed the study issue will be brought forward and Councilmember Swegles withdrew his friendly amendment.  Mayor Lee called for a vote.

VOTE: 7-0

5.

RESOLUTION

RTC 07-416

Resolution for Service Contractor Code of Conduct

Mayor Lee announced that the draft resolution was not posted on the web until
December 18, 2007 and additionally there have been significant public comments since the noticing of this item; therefore he is requesting this item move to the February 12, 2008 Council meeting.

Public hearing opened 7:40 p.m.

No speakers.

Public hearing closed 7:40 p.m.

MOTION: Councilmember Howe moved and Councilmember Chu seconded to approve continuance of this item:  Council continues the Resolution for Service Contractor Code of Conduct to February 12, 2008.

Councilmember Howe withdrew his motion in order to allow Councilmember Chu to make the motion.

MOTION: Councilmember Chu moved and Councilmember Howe seconded approval to continue the Resolution for Service Contractor Code of Conduct to February 12, 2008.

VOTE: 7-0

2.

RTC 07-396

2007-0714 – Appeal of the conditions imposed by the Planning Commission regarding an application located at 1383 Devona Terrace (at Cascade Dr.) in an R-1/PD (Low Density Residential/Planned Development) Zoning District. Special Development to allow 1,051 square-foot two-story addition to an existing two-story home for a total of 4,221 square feet.

Principal Planner Gerri Caruso presented the staff report.

Councilmember Hamilton stated the staff report identifies that a shed on a residential property would not require a building permit if it is less than 120 square feet in size but the size of the shed is still added into the floor area ratio (FAR). Councilmember Hamilton confirmed that if an application was received for an addition, staff would check the site and add any sheds into the calculation for FAR.

Mayor Lee left the dais.

Vice Mayor Spitaleri presided over the meeting and recognized Councilmember Chu.

Councilmember Chu confirmed the garage at this site is 394 square feet and is included in the FAR. Councilmember Chu confirmed that the proposed existing living space at this property is approximately 3,800 square feet.

Vice Mayor Spitaleri opened the public hearing at 7:45 p.m.

Dan Winklebleck, Architect with Cornerstone Limited, stated the proposed design is based on the need of the parents to have their children close at hand and to design a bedroom for each child. Winklebleck stated the addition to the main level was created to expand the needed space above. Winklebleck stated he understands the concern over the size of the addition, but there is a tree in place that will screen most of the addition from the street. Winklebleck stated the owners are requesting that Council set aside the conditions required by the Planning Commission and approve the design for the second floor as originally submitted.

Councilmember Moylan explained that Council does not make land use decisions based on who is living in the home at the time; instead decisions are made on how the project will affect the neighborhood. Councilmember Moylan inquired on what basis Winklebleck is asserting a need for everyone in the family to have their own bedroom. Winklebleck stated the needs come from the personal perspective of the homeowners. Winklebleck stated the effect on the neighborhood is negligible because the home is at the end of a cul-de-sac and the addition is well screened from the street by a tree.

Mayor Lee returned to the dais.

Claudia Quist, homeowner of the proposed project, stated as a mom of five children, her family needs more room but they wish to remain in Sunnyvale and that is why they want to add on to their home. Quist explained that their home backs up to a park so they will not be affecting any rear neighbors and the rest of their neighbors approve of the addition. Quist stated they are appealing to Council because they do not believe that the Planning Commission understood all the facts. Quist explained that the Planning Commission was not aware that the entire neighborhood has sheds.

Doug Quist, homeowner, offered reasons for his home expansion. Quist confirmed that his neighbors are not concerned over the addition. Quist requested Council approve his appeal so that they may move ahead with their addition.

Arthur Schwartz stated the size of the existing rooms in this home could be reduced in order to allow for the additional bedrooms and still have the project meet the FAR. Schwartz stated a careful design could have met the requirement for more rooms and stayed within the FAR.

Winklebleck stated he agreed that the sizes of some of the rooms are large but they are existing rooms. To reduce the size of existing rooms, the home would need to be reconstructed.

Councilmember Chu inquired as to the size of the rooms within the addition. Winklebleck stated he did not have that information with him. Councilmember Chu stated the drawing on the wall stated the rooms are 11x16 and Winklebleck stated he did not believe the rooms were that large; rather they are closer to 11x12. Winklebleck stated the additional bedrooms were purposefully designed to be all the same size in order to be fair to the children.

Councilmember Moylan stated the issue at hand is that the size of the proposed addition to the home puts the square footage of the home over the FAR. Councilmember Moylan identified that the previous speaker suggested the addition could be slightly scaled down to meet the FAR and still give everyone their own room. Winklebleck stated the difficulty in the design was attempting to make all the bedrooms an equivalent size and to have all rooms located on the second floor. Councilmember Moylan confirmed with Winklebleck that if the owners had given direction for a certain number of bedrooms, but left out any requirement to have them all located on the same floor, then Winklebleck would have been able to achieve a design that met the FAR allowed. Winklebleck state in order to have all the bedrooms on the same floor, it might be possible to reduce the ground floor underneath the top floor addition and perhaps have the floor suspended on posts. 

Public hearing closed 8 p.m.

MOTION: Councilmember Chu moved and Councilmember Swegles seconded to approve Alternative 2: Council denies the appeal and approves the Special Development Permit with modifications to the Planning Commission decision for a maximum FAR of 50 percent (minor modification to the conditions to allow a 605 square foot addition with the shed or a 717 square foot addition without the shed).

Councilmember Chu stated he understands the desire to have a bedroom for each child but the design is too large. Councilmember Chu stated the plan should be modified to reduce the design by 300 square feet in order to meet the FAR.

VOTE:7-0

3.

RTC 07-404

2007-0893 – Application for 1418 Hampton Drive (near Elizabeth Way) in an R-0 (Low Density Residential) Zoning District. Appeal of a decision by the Planning Commission to Deny a Design Review on a 7,068 square foot site to allow a new two-story residence totaling 3,346 square feet, resulting in a 54.2% FAR (Floor Area Ratio) where 45% may be allowed without Planning Commission review.

Principal Planner Gerri Caruso presented the staff report.

Councilmember Howe left the dais.

Councilmember Hamilton inquired as to the difference between a habitable area and an accessory living unit. Principal Planner Caruso stated that a habitable area would not have a kitchen because it may not be considered a separate living unit.

Councilmember Moylan inquired where the home 1394 Hampton is located because it is currently the largest home in the neighborhood. Principal Planner Caruso stated the home is located within the block, but it would be best to check with the appellant.

Public hearing opened at 8:06 p.m.

Clayton Voroshuck, appellant, explained in response to Councilmember Moylan’s question that the largest home in the neighborhood currently is located at 1394 Hampton, which is four doors down from his home.

Voroshuck stated he disagrees with the reason for the denial of his application by the Planning Commission because he does not believe they have met the burden of proof in the denial for a common standard set within the neighborhood. Voroshuck talked about examples of homes nearby that have larger FAR’s than what he is requesting. Voroshuck read from the City’s design techniques document, citing exceptions for unique situations. Voroshuck stated he believes design standards have been set in his neighborhood by the construction of two-story homes. Voroshuck stated his neighbors are in full support of his project and he identified their signatures.

Voroshuck gave closing statements and stated that he has asked specifically what he could do to gain approval because the information he has received from City staff has been vague. Voroshuck stated if Council denies his appeal, he would like to receive specific direction on what he will need to do in order for his project to receive approval.

Councilmember Chu confirmed the accessory utility building unit at the back of Voroshuck’s property is used as a game room. Councilmember Chu asked staff what the FAR would be on this project without the accessory unit and Principal Planner Caruso stated it would be approximately 47 percent FAR. Councilmember Chu confirmed with Voroshuck that the accessory unit is 90 percent completed.

Public hearing closed at 8:13 p.m.

MOTION: Councilmember Chu moved and Councilmember Swegles seconded to approve Alternative 1: Council upholds the decision of the Planning Commission to deny the design review.

Councilmember Chu stated the proposed home is too large for the area.

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