PRESENT:

Mayor Otto Lee

Vice Mayor Anthony Spitaleri

Councilmember John Howe

Councilmember Dean J. Chu

Councilmember Ron Swegles

Councilmember Melinda Hamilton

Councilmember Christopher Moylan

ABSENT:

None

STAFF PRESENT:

Amy Chan, City Manager

Robert Walker, Assistant City Manager

David Kahn, City Attorney

Robert Paternoster, Director of Community Development

Gerri Caruso, Principal Planner

Trudi Ryan, Planning Officer

Dieckmann Cogill, Senior Transportation Planner

Maria Rodriguez, Acting Business Development Manager

Katherine Bradshaw Chappelear, City Clerk

1. A.

Approval of Draft Minutes of February 6, 2007

1. B.

Approval of Information/Action Items - Council Directions to Staff

1. C.

RTC 07-072

List of Claims and Bills Approved for Payment by the City Manager – List Nos. 337 and 338

Staff Recommendation: Council reviews the attached list of bills.

1. D.

RTC 07-070

Acceptance of California Department of Health Services, Licensed to Care Program Grant for Purchase of Bicycle Helmets and Approval of Budget Modification Number 40

Staff Recommendation: Council accepts and appropriates the San Diego State University Foundation monies in the amount of $2,995.20.

1. E.

RTC 07-062

Payment for Santa Clara County Crime Lab Services

Staff Recommendation: Council approves payment of $122,295 to the Santa Clara County Office of the District Attorney for crime lab services.

1. F.

RTC 07-054

Notice of Intent to Apply for California Office of Traffic Safety Equipment Grant Funding

Staff Recommendation: Council authorizes the Department of Public Safety to proceed with the Office of Traffic Safety grant application in the amount not to exceed $40,000.

1. G.

RTC 07-056

Appropriation of Traffic Safe Communities Network of Santa Clara County Funds and Budget Modification number 37

Staff Recommendation: Council accepts and appropriates the TSCN monies in the amount of $3,827 for DPS Program 483, Activity 483290, Traffic Special Enforcement for the Stop on Red Campaign.

1. H.

RESOLUTION

Tasman/Fair Oaks Area Streetscape and Sense-of-Place Acceptance of Grant Funding from the Santa Clara Valley Transportation Authority Community Design and Transportation Grant Program, Project Conceptual Design Approval, and Approval of Budget Modification Number 39

Staff Recommendation:

·      Council approves the conceptual design for the Tasman/Fair Oaks Area streetscape and sense-of-place enhancements project as the report describes in detail, and

·      Council adopts a resolution authorizing acceptance of grant funding in the amount of $1,809,040 from Santa Clara Valley Transportation Authority, Community Design and Transportation Capital Grant Program for construction of this project and approves budget modification number 39.

1. I.

RESOLUTION

RTC 07-065

A Resolution of the City Council of the City of Sunnyvale to Extend the Maximum Period of Employment/Maximum Number of Hours of Work for the Unclassified Temporary Employee Hired to Support the Onizuka Air Force Station (AFS) Base Realignment and Closure (BRAC) Project

Councilmember Swegles stated the employee in this classification has done exemplary work and is a vital part of the BRAC process. Councilmember Swegles highly recommends approving the extension of this contract.

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

MOTION: Councilmember Swegles moved and Councilmember Howe seconded to approve staff recommendation: Council adopts a resolution of the City Council of the City of Sunnyvale authorizing the extension of the maximum period of time/number of hours that the unclassified temporary employee hired to support the BRAC project may work.

VOTE: 7-0

1. J.

RTC 07-074

Approval of City Manager’s Pay for Performance Bonus in accordance with the Agreement for Services between the City of Sunnyvale and the City Manager

Staff Recommendation: Council authorizes a 10 percent performance bonus for the City Manager for Fiscal Year 2005/06 as a result of a recent performance evaluation by the City Council.

1. K.

RTC 07-080

Award of Bid No. F0612-52 for Bayland Storm Water Pump Station No. 1 Rehabilitation and Approval of Budget Modification Number 41

Staff Recommendation:

·         Council awards a contract, in substantially the same form as the attached draft and in the amount of $743,369, to Valentine Corporation for the rehabilitation of Bayland Storm Water Pump Station Number 1;

·         Council approves a contingency in the amount of $111,505, and

·         Council approves Budget Modification Number 41 as outlined in this report.

1. L.

RTC 07-071

Award of Contract for Fire Damage Repair to the Serra Park Restroom Facility (F06-016) and Approval of Budget Modification Number 42

Staff Recommendation:

·         Council awards a contract, in substantially the same form as the attached draft and in the amount of $45,472, to Kuehne Construction for fire damage repairs to the Serra Park restroom facility, based upon the results of informal Request for Quotations No. 06-016;

·         Council approves a project contingency in the amount of $11,368, and

·         Council approves Budget Modification Number 42.

1. M.

RTC 07-063

Extension of Existing Contract for Financial Auditing Services (F0602-71)

Staff Recommendation: Council approves a one-year contract extension, in substantially the same form as the attached third amendment to service agreement and in an amount not to exceed $77,975, of an existing contact with Caporicci & Larson CPAs for financial auditing services, making a total seven-year contract amount of $541,645.

1. N.

RTC 07-075

Award of Bid Number F0601-60 for Three Hybrid Vehicles for the City's Fleet

Councilmember Swegles stated he pulled this item in order to congratuate staff for an exemplary job of being cognizant about the environment with their purchase of three hybrid vehicles.

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

MOTION: Councilmember Swegles moved and Councilmember Howe seconded to approve staff recommendation: Council awards a contract to Larry Hopkins Honda, in substantially the same form as the attached draft purchase order and in an amount not to exceed $69,172, for three hybrid compact sedans.

VOTE: 7-0

1. O.

RTC 07-066

Award of Contract for Department of Public Safety Building Security Upgrade (F0602-70)

Staff Recommendation:

·         Council awards a contract to Southern Folger Detention Equipment Company, in substantially the same form as the attached draft and in the amount of $96,966, to upgrade/replace the existing cell block doors, related security device and hardware in the Public Safety headquarters facility;

·         Council approves a project contingency in the amount of $13,436, and

·         Council approves Budget Modification Number 38.

1. P.

RTC 07-082

Ratification of Council Intergovernmental Committee Appointments

Staff Recommendation: Council ratifies the appointment of Councilmember Dean Chu to:  National League of Cities - CityFutures Panel on Community and Regional Development;  National League of Cities - Transportation Infrastructure and Services Policy and Advocacy Committee; and the Metropolitan Transportation Commission.

1. Q.

Appointment(s) to Council’s Sub-Committee Studying Events to Recognize Longtime Residents

Staff Recommendation: Council confirms appointments to Council’s Sub-committee Studying Events to Recognize Longtime Residents.

2.

Auto Repair in Residential Zoning Districts (Study Issue)

Mayor Lee stated staff is recommending that Council continue this item to April 3, 2007, to enable review and recommendation by the Planning Commission.

Public hearing opened 7:28 p.m.

Public hearing closed 7:29 p.m.

MOTION: Councilmember Swegles moved and Councilmember Howe seconded to approve staff recommendation: Council continues this item to the Council Meeting of April 3, 2007. 

VOTE: 7-0

3.

RTC 07-067

Fukui Construction [Applicant] Bautista Justin S Trustee, et al [Owner]: Application for related proposals on a 21,431 square foot site located at 102 Cumulus Avenue (near Sunnyvale-Saratoga Road) in an R-0 (Low Density Residential) Zoning District. (Negative Declaration) NC;

·      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.

Mayor Lee stated staff has recommended referring this item back to the Planning Commission.

Public hearing opened 7:30 p.m.

Public hearing closed 7:31 p.m.

MOTION: Councilmember Howe moved and Councilmember Chu seconded to approve staff recommendation: Council refers this item back to the Planning Commission

with the addition: the City Manager (or her designee) will determine when this will be heard by the Planning Commission.

VOTE: 7-0

4.

ORDINANCE

RESOLUTION

RTC 07-084 (html)

Application(s) for related proposals for an approximately 130-acre site located between East Duane Avenue, Stewart Drive, Wolfe Road and Xavior Drive. M-S (Industrial and Service) Zoning District

·      Certify the Environmental Impact Report and make Statements of Overriding Consideration;

·      General Plan Amendment to change the land use designation from Industry to Industrial-to-Residential (High Density Residential, Medium Density Residential, Low Medium Density Residential);

·      Rezone the study area from M-S (Industrial and Service) to M-S/ITR (Industrial-to-Residential) with appropriate residential designations (R4/PD, R3/PD, R1.7/PD) and C-2.

Councilmember Howe disclosed that he met with the applicant, received numerous e-mails, and has spoken with a number of the neighbors regarding this project.

Councilmember Hamilton disclosed that she met with representatives from Spansion (fabrication plant) and the Riding Group. She stated she has also spoken to neighbors and had a phone conversation with a representative from AMD Corporation.

Councilmember Chu disclosed he met with neighbors, members of the Riding Group, AMD, and Spansion. He stated he has also received documents related to Taylor Woodrow.

Councilmember Swegles disclosed he met with members of the Riding Group and AMD.

Vice Mayor Spitaleri disclosed he met with members from the Riding Group; Spansion; AMD, and homeowner group associations.

Councilmember Moylan disclosed he had a phone call with a representative from Spansion earlier in the day.

Mayor Lee disclosed he met with the Riding Group, Spansion, AMD, and a few neighbors previously, and earlier today he drove around the site.

Principal Planner Gerri Caruso presented the staff report.

Councilmember Hamilton stated she was not present at the original vote on this item in 2004 and asked what triggers ITR (industrial-to-residential) zoning. Principal Planner Caruso stated ITR is considered a combining district and under the ITR designation, both M-S (industrial and service) and residential are allowed. The market determines the transition and the uses can co-exist side-by-side in the zoning district.

Councilmember Hamilton inquired as to how many of the current ITR districts have switched to residential. Planning Officer Trudi Ryan stated about 6,000 units were rezoned to include the ITR designation and about 2,000 units have been approved.

Councilmember Hamilton confirmed with staff that Council could rezone a portion of the area and that new zoning or general plan amendments do not need to apply to the entire study area.

Councilmember Swegles inquired as to how many homes would be lost if Council wanted to increase the 100-foot set back between existing buildings and any new residential within the Spansion area. Planning Officer Ryan stated since homes have not been built or planned, there would not be a loss of homes, there would just be fewer homes allowed. She continued that an increase in the set back could (or could not) affect the number of homes, depending on what site planning opportunities there are and what zoning district may apply to the property. For example, one zoning district may be able to cluster homes differently and a single family zoning district may need to take advantage of open space or roadways as the buffer area between buildings.

Councilmember Swegles asked if there would be a problem with transporting sewage if all of the proposed homes were built. Principal Planner Caruso stated if the General Plan Amendment is approved, staff will have to determine the cost of improvements to the sewer line to allow for the increased demand and then the developers would share in that cost with the City.

Councilmember Chu asked what the maximum number of housing units that would be allowed under the Environmental Impact Report (EIR). Principal Planner Caruso stated a maximum of 2,842 units were studied. Councilmember Chu confirmed that staff is recommending 230 fewer units.

Councilmember Chu inquired if Council would be able to impose Below Market Rate Housing (BMR) criteria for this project. Planning Officer Ryan stated Council could not modify BMR criteria this evening. Council could direct a study to modify the zoning code to require BMR of R-1.5 and R-1.7 zoning districts. Planning Officer Ryan explained that applications received after an ordinance has been modified would be subject to the requirement, but not prior to the modifications being approved.

Public hearing opened 7:56 p.m.

Thomas McCoy, Senior Vice President and General Counsel for AMD Corporation, presented information about AMD Corporation and stated that AMD is in support of the staff recommendation.

Councilmember Swegles confirmed with Mr. McCoy that AMD will be consolidating space in Austin, Texas, but that the headquarters for the corporation is in Sunnyvale and will not be moving.

Councilmember Swegles inquired if the 10-foot set back was enough space between potential hazardous materials and residential. Mr. McCoy stated he would refer that question to the Riding Group.