PRESENT:

Mayor Otto Lee

Vice Mayor Anthony Spitaleri

Councilmember John Howe

Councilmember Dean J. Chu

Councilmember Ron Swegles

Councilmember Christopher Moylan

ABSENT:

Councilmember Hamilton (Excused)

STAFF PRESENT:

Robert Walker, Assistant City Manager

David Kahn, City Attorney

Robert Paternoster, Director of Community Development

Trudi Ryan, Planning Officer

Jack Witthaus, Transportation and Traffic Manager

Andrew Miner, Principal Planner

Marvin Rose, Director of Public Works

Yvette Agredano, Intergovernmental Relations Officer

Coryn Campbell, Assistant to the City Manager

Katherine Bradshaw Chappelear, City Clerk

1. A.

Approval of Draft Minutes of Regular Meeting of January 9, 2007

Councilmember Swegles removed Item 1.A. from the Consent Calendar as he was not in attendance at the January 9, 2007 meeting; therefore, he will abstain from voting on this item.

Councilmember Chu announced that the minutes have been revised due to a change he requested to the draft minutes.

Mayor Lee opened Public Comments.  No one wished to speak and Mayor Lee closed Public Comments.

MOTION: Councilmember Howe moved and Councilmember Moylan seconded to approve the revised draft minutes. 

VOTE: 5-1 (Councilmember Swegles abstained, Councilmember Hamilton absent)

1. B. 

Approval of Information/Action Items - Council Directions to Staff

1. C.

RTC 07-021

List of Claims and Bills Approved for Payment by the City Manager - List Nos. 332 & 333

Staff Recommendation: Council reviews the attached list of bills.

1. D.

RESOLUTION

RTC 07-020

Request for Authorization to Change Insurance Carriers for Life, AD&D and Long Term Disability Insurance

Staff Recommendation: Council authorizes execution of a contract with CPEIA for life, AD&D and long term disability insurance through ING Employee Benefits/ReliaStar for the period February 1, 2007 through June 30, 2009, and adopts a resolution amending the Salary Resolution.

1. E.

RTC 07-013

Authorization to Extend an Existing Contract for Vehicle Fuel (F0612-57)

Staff Recommendation: Council authorizes a one-year extension of an existing purchase order with Petro-Diamond, Inc., in substantially the same form as the attached draft change order, for the purchase of unleaded gasoline for the City vehicles.

1. F.

RTC 07-015

Award of Contract for a Rotary Riding Mower for use in City Parks and Golf Courses

Staff Recommendation: Council award a contract, in substantially the same form as the attached Purchase Order and in an amount not to exceed $80,916, to Turf Star, Inc. for one Toro Model 580-D 4WD rotary riding mower.

1. G.

RESOLUTION

RTC 07-012

Acceptance of Annual Status Report on Receipt and Use of Development Impact Fees and Adoption of Resolution Approving Findings Regarding Unspent Fees

Staff Recommendation: Council accepts the FY 2005/2006 Status Report on Receipt and Use of Development Impact Fees, and adopt the Resolution to approve the required findings as contained in Attachment B.

2.

RTC 07-011

Appeal of a decision of the Planning Commission approving an application for a Use Permit on a 3.1 acre site to allow an additional restaurant (Togo's Restaurant) in an existing shopping center for site located at 540 Lawrence Expressway (near Titan Way ) in an M-S (Industrial and Service) Zoning District

Trudi Ryan, Planning Officer, presented the staff report.

Councilmember Moylan verified this application is for a restaurant.  Council has discretion over the use of the site for a restaurant (based on the number of restaurants at this center); however, should the Use Permit be approved, any type of restaurant may occupy the space.

Councilmember Chu verified that the site is zoned as Industrial Service.  Originally, the Use Permit allowed for a maximum 40% restaurant use and this proposed addition would increase the use to approximately 51.3%.

Councilmember Chu stated most of the parking is in the back of this site and inquired if there are plans to have an entrance from the back parking lot.  Officer Ryan stated it would be best to verify this with the applicant.

Public Hearing Opened 7:30 p.m.

Inder Sandun, appellant, stated his concerns with this project such as traffic congestion, a change in the Use Permit, and too many restaurants in the area.

Councilmember Moylan stated this issue should not be about protecting one business, or denying a particular type of business.  He stated the appellant’s letter (Attachment I) suggests very strongly that the appellant wishes to keep out one particular business and protect a couple of other businesses.  In regard to parking and traffic, staff stated they went out and found plenty of parking spaces and noted traffic was not an issue.  Councilmember Moylan asked the appellant to convince Council that his appeal is not about his concerns of competition from a similar business. 

Mr. Sandun stated the reason he asked for support from the community was due to concerns over the increase to the percentage of restaurants allowed within the Use Permit and also traffic congestion problems.  He stated the review of parking and traffic survey completed by City staff was done during slow winter months and that in the summer, the area is chaotic.

Councilmember Moylan verified that Mr. Sandun would oppose any type of restaurant at this location.

Derylle Teegarden stated his concerns about the proposed increase in the Use Permit and traffic/parking issues.

Jeff Yee and Jim Thorne, applicants, stated the proposed site has ample parking (Attachment F), and the City staff traffic survey was not flawed, rather it was a fair sampling of the traffic patterns.  Mr. Yee stated they have done their own research and would not open a restaurant where there is not adequate parking.  This appeal is about competition concerns.  Mr. Yee stated that he welcomes competition as he believes that it raises the operational bar by forcing better service, cleaner stores, and better quality food. 

Councilmember Moylan asked what level of investigation the applicant (Togo’s Corporate Office) did regarding parking issues at this site.  Mr. Yee stated they did a casual survey during lunch time.  Councilmember Moylan verified the first time a Togo’s representative visited the site was sometime in July 2006. 

Mr. Thorne stated a representative had been out at least three times and also he has done his own checking on parking as he lives in the area.  He stated he wished to address Councilmember Chu’s question regarding parking in the back and verified that there is an entrance in the back already and that work will be done to make it evident that it is a back entrance for their customers.

Councilmember Moylan verified that the parking was reviewed by someone from the Togo’s Corporate Office in November 2006 and also sometime in the summer.  Councilmember Moylan verified that a Togo’s previously existed at this center.  Togo’s Corporate Office did not renew the franchise due to issues with the franchise owners; but parking was not an issue.

Dewayne Dawson, John Burke, and Angela Ward stated their concerns about too many restaurants in the area and competition. 

Appellant Sandun stated his concern is not over a Togo’s Eatery, it is about the abundance of restaurants in the area and the increase percentage to the Use Permit for that site. 

Councilmember Moylan verified that Mr. Sandun did research prior to opening his restaurant and based on his understanding of the Use Permit, he opened his restaurant under the assumption that there would not be additional restaurants in the area.

Applicant Yee stated they stand behind the Planning Commission’s report.

Public Hearing Closed 8:03 p.m.

Councilmember Howe verified with Jack Witthaus, Transportation and Traffic Manager, that the traffic survey was collected the first week in November (which is a legitimate time to collect traffic data) and the observations made by staff were accurate.

MOTION: Councilmember Howe moved and Councilmember Swegles seconded to approve Alternative No. 1: Council denies the appeal and upholds the decision of the Planning Commission to approve the Use Permit with the recommended conditions of approval (Attachment B).

Councilmember Howe stated he moved to deny this appeal because this is a land-use decision, without significant traffic issues (as verified by staff).  It is not Council’s option to choose what type of restaurant should go into this location. 

Councilmember Moylan stated the appellant has a loyal clientele who will continue to support his business and it is his belief that the surrounding businesses will thrive with the addition of another restaurant.

VOTE: 6-0 (Councilmember Hamilton absent)

3.

ORDINANCE

RESOLUTION

RTC 07-003 (htm)

Study Issue: Updating the Precise Plan for El Camino Real

Andrew Miner, Principal Planner, presented the staff report.

Public Hearing Opened 8:17 p.m.

Suzi Blackman, President of Sunnyvale Chamber of Commerce, stated the Chamber members generally agree that a coordinated vision and proposed development standards are the right approach for this project.  Member concerns still exist over housing, bike and pedestrian safety, and street parking.  The members anticipate continuing their dialogue with the City on these items as the plan moves forward.  Despite these concerns, the Chamber and its members urge Council to approve Alternative No. 1.

Councilmember Swegles verified with Ms. Blackman that the members are very supportive of the proposed “Gateways” in and out of the City.

Larry Meola, representing the Sunnyvale Auto Dealer Association, stated the association endorses the Precise Plan for El Camino Real.  He stated the association would like Council to consider some items outside of the current plan.  Those areas are setbacks, green space percentages, and impacts to public right-of-ways.  Furthermore, the association would like the City to conduct an in-depth study of the Precise Plan, Section 5.6, and include Caltrans in the study.

Councilmember Howe stated the auto dealers have been a great asset to the community.  He stated the intent of the Precise Plan is to enhance El Camino and this project combines a concerted effort of many cities, especially in San Mateo County. 

Peter Cirigliano stated he supports the enhanced bikeways along El Camino included in the Precise Plan.

Public Hearing Closed 8:26 p.m.

MOTION: Vice Mayor Spitaleri moved and Councilmember Howe seconded to approve Alternative No. 1: Council adopts a Resolution (Attachment B) to approve the updated Precise Plan for El Camino Real (Attachment A, plus the revisions recommended by the Planning Commission shown in Attachment G) and introduces an Ordinance (Attachment B) to rezone property to include the El Camino Real (ECR) Combining District and directs staff to initiate the following specific projects:

a.      Prepare zoning code amendments to the ECR Combining District to revise

     development standards (including height and setback);

b.      Establish an outreach effort by the Economic Development Division to property owners in the Nodes to explain the opportunities for redevelopment of their properties;

c.      Implement a marketing program through the Economic Development Division to      attract developers and appropriate businesses to El Camino Real;

d.      Initiate a Public Works project to establish a Master Design Program for the El Camino Real right-of-way, including standards for median landscaping, bike lanes, street trees, sidewalks and parkways, and pedestrian crosswalks; and

e.      Initiate a project to establish and implement a Gateway Program on El Camino Real.

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

VOTE: 6-0 (Councilmember Hamilton absent)

4.

RTC 07-017 (htm)

Draft Sunnyvale Library of the Future Study and Strategy: Needs Assessment and Plan of Service, Building Program, and Existing Facility Assessment; and Parameters for Future Facilities Options

Deborah Barrow, Director of Libraries, presented the staff report and a visual presentation.

Councilmember Moylan stated that the type of materials available at libraries is rapidly changing with technology.  He verified that staff will supply a clear description of a planning strategies regarding technology and it will be included in the upcoming version of the study.

Councilmember Moylan stated he understood that the goals for the library services as listed in Alternative No. 2 (page 24 of the staff report) attempt to match neighboring libraries.  The reasoning for using these goals is that Sunnyvale residents go to these libraries and compare services.  However, there are three areas listed that are out of alignment with neighboring libraries.  Those areas out of alignment in the staff report are:

·         A service area of up to 26 miles per library sites - (the median area for neighboring areas is 10);

·         1 staff member per every 2,160 to 2,420 residents (median is 1,500); and

Also an item not listed, but should be is:

·        Visits per resident per year  (which in Sunnyvale is 5.5 and other areas is double-digits).

Councilmember Moylan stated these areas should be explained further in a future report in addition to why in some areas we are trying to meet the goals of neighboring libraries and in others areas we are not.

Director Barrow stated the study compared the neighboring cities in regard to square footage and the facilities.  The 26 square miles per library site was the maximum; however, Council could request to have more libraries (branches).  The study objective was for the City not to have more than 26 square miles per library site.  Additionally, Director Barrow stated the library already operates with reduced staff and is operating fairly well; but she is open to having more staff with a larger library. 

Councilmember Moylan verified that (visits per resident) was a target the library would like to improve upon.  An attendance improvement goal was not seen as an independent variable; thereby, if the other goals are met, the visits per citizen should increase as a result.  Councilmember Moylan stated that if a library branch existed in closer proximity to residents (incorporating a service area of up to 13 miles per library sites), that could increase the number of visits per resident.

Councilmember Moylan asked that the future version of this study clearly explain the reasons why some goals have been listed to meet the standards of neighboring libraries and why some goals have not. 

Councilmember Howe verified that the expense of the study is under $200,000, which currently comes out of the Public Library funding (which is a source of funding that comes from the California State Library).

Councilmember Howe verified that the expense of the reports contained within Alternative No. 3 has been allocated in the current contract with the consultant.  In order to learn more about the facility options, Council would need to approve Alternative No. 3.  Councilmember Howe verified the next report is due to come back to Council in April 2007.

Councilmember Chu verified that the goal for the use of technology is not to be cutting-edge, but to mirror what users have at home and find at other library facilities.

Councilmember Chu verified adults are the highest users of the library.

Public Hearing Opened 8:53 p.m.

Jim Griffith, Chair of Sunnyvale Board of Library Trustees, stated he and the board supports the study and the approval of Alternative Nos. 1, 2 and 3.  He stated he believes the report is a complete and accurate reflection of the public discussion held on this topic.  One option in Alternative No. 3 would be to have a joint-use branch library at Columbia Middle School.  Mr. Griffith stated this option would have pros and cons to it, but cautioned that it would not be as permanent as the other options.  Regarding technology, the existing facility is poorly suited for technological services such as wireless connections.  They are not available due to the brick building.

Councilmember Howe verified that the appropriateness of (general public versus school district needs) with a joint-use facility would be a topic for careful exploration.    Councilmember Howe verified should Alternative No. 3 be approved, staff will have discussions with the school district on this issue and will include further information in the next report to Council.

Dr. Joseph Rudnicki, Superintendent Sunnyvale School District, stated he supports a joint-use facility at Columbia Middle School Library.

Councilmember Chu asked if there would be other locations for a joint-use facility and Dr. Rudnicki stated that would take further study; however, it appears Columbia may be the best site.

Lisa Sewell stated her support of a new library.

Councilmember Chu asked if the square footage of a second library would be deducted from the main library.  Director Barrow stated staff is looking for Council direction on square footage.  She stated one recommendation is that a branch library be 16,000 to 24,000 square feet for economy of scale.

Public Hearing Closed 9:08 p.m.

Councilmember Chu asked where the main library would be located.  Director Barrow stated suggestions include looking at where City properties are located now, or whether it should be close to City Hall.  Library location is part of the next study.  

MOTION: Councilmember Moylan moved and Councilmember Chu seconded to approve Alternative Nos. 1, 2 and 3 (with two slight alterations to Alternative No. 2):

Alternative No. 1:  Council accepts the Sunnyvale Library of the Future Study and Strategy: Needs Assessment and Plan of Service, Building Program and Existing Facility Assessment

Alternative No. 2:  Council accepts the following goals for Sunnyvale Library’s services:

      • 4 items per capita in the collection;

      • .75 to 1.00 square foot per capita for building space;

      • A service area of up to 26 square miles per library site; and

      • 1 staff member per every 2,160 to 2,420 residents.

Alternative No. 3:  Council directs staff to explore the following three future facilities options:

      a) The extent to which the existing library building may be expanded and upgraded for

          continued use as a library;

      b) Construction of a new library assuming the site is owned by the City; and

      c) A branch library option using a school/public library joint-use facility such as

          Columbia Middle School Library as an example of a public library branch

with clarification to Alternative No. 2, third bullet to read:

• A service area of less than or equal to 26 square miles per library site; and

addition of fifth bullet to the goals:

• Greater than or equal to 10 visits per resident per year.   

Councilmember Chu stated the goal of visits (per resident per year) should be left up to staff as they know what is achievable and should be contained in the next staff report back to Council.

Councilmember Moylan stated he agreed and changed the fifth bullet to state:

addition of fifth bullet to the goals:

• (Staff to identify the number in next report) __visits per resident per year.

Councilmember Howe stated that following information is important and should be contained in the next report:

• The number of Sunnyvale residents that visit another library;
• Where the distribution of the population of the City of Sunnyvale is in accordance with the number of people that actually use the library; and 
• What target areas need to increase. 

Restated MOTION:

MOTION: Councilmember Moylan moved and Councilmember Chu moved to approve Alternative Nos. 1, 2 and 3 (with two slight alterations to Alternative No. 2):

Alternative No. 1:  Council accepts the Sunnyvale Library of the Future Study and Strategy: Needs Assessment and Plan of Service, Building Program and Existing Facility Assessment

Alternative No. 2:  Council accepts the following goals for Sunnyvale Library’s services:

      • 4 items per capita in the collection;

      • .75 to 1.00 square foot per capita for building space;

• A service area of less than or equal to 26 square miles per library site; 

      • 1 staff member per every 2,160 to 2,420 residents;

and

     • (Staff to identify correct number of residents) ___ visits per resident per year.

Alternative No. 3:  Council directs staff to explore the following three future facilities options:

      a) The extent to which the existing library building may be expanded and upgraded for

          continued use as a library;

      b) Construction of a new library assuming the site is owned by the City; and

      c) A branch library option using a school/public library joint-use facility such as

          Columbia Middle School Library as an example of a public library branch

VOTE:  6-0 (Councilmember Hamilton absent)

5.

ORDINANCE

RTC 07-019

Establishment of a Special News Rack District in Historical Downtown Sunnyvale to regulate the appearance and placement of newspaper racks in the public right-of-way (Study Issue)

Officer Ryan presented the staff report.

Councilmember Swegles asked about the plan for news racks over the entire City.  Officer Ryan stated staff can ask the contractor to look at their other facilities and upgrade them; but the City would not be able to require them to adopt a certain style or standard without adoption of modified regulations.  Councilmember Swegles requested staff notify the contractor and ask them to address their news racks.

Mayor Lee left the dais.

Vice Mayor Spitaleri presided over the meeting from his seat.

Public Hearing Opened 9:27 p.m.

Public Hearing Closed 9:28 p.m.

MOTION: Councilmember Howe moved and Councilmember Swegles seconded to approve Alternative Nos. 1, 3, and 5:

Alternative No. 1: Council approves the establishment of a Special News Rack District and adopts the proposed Ordinance wherein the City provides standards for news rack appearance and locations and the carrier provides the modular racks;

Alternative No. 3: Council adopts the news rack code to become effective immediately, without waiting for the implementation of the Murphy Revitalization Project; and

Alternative No. 5:  Council directs staff to return to Council at a future date with a feasibility study focusing on the expansion of the modular news rack program to other areas of the City such as the larger downtown, El Camino Real, and/or the City as a whole.

Mayor Lee returned to the dais.

City Clerk Chappelear read the ordinance title into the record.

VOTE: 6-0 (Councilmember Hamilton absent)

6.

RTC 07-024 (htm)

Mary Avenue Extension Engineering and Environmental Analysis Project Update, Community Outreach Kick Off, and City Manager Authorization for Refinement of Offers of Dedication

Mayor Lee stated it was 9:30 p.m. and polled the Council for continuation on the agenda.    Council agreed to continue with the agenda.

Manager Witthaus presented the staff report.

Councilmember Swegles verified that the approval of staff recommendations will allow part of the project to move forward.

Councilmember Howe disclosed that he had a telephone conversation with the developer and met with numerous business groups and individuals in the community.

Councilmember Howe verified that there is nothing in the staff recommendation that will force Council to approve the Mary Avenue extension. 

Councilmember Howe verified that the City has agreed to process these changes to the subdivision agreement within the next sixty days if approved by Council this evening.

Councilmember Howe verified that developer could begin work sooner than the sixty days, but it would be in an “at-risk” position.  David Kahn, City Attorney, verified staff could work with the developer to facilitate the construction moving ahead, but it would be “at-risk” until the final agreement is signed. 

Councilmember Moylan disclosed he had a telephone conversation with the developer on January 22, 2007.

Councilmember Moylan verified staff has the technical information at hand to revise the areas of dedication, but the agreement with the developer has not been amended.  Council would need to authorize the City Manager to amend the agreements to incorporate the newly defined areas of dedication based on the engineering studies.

Councilmember Moylan verified with Marvin Rose, Director of Public Works, that amending the agreement will occur as quickly as possible, but not more than sixty days. 

Mayor Lee announced he had to leave on travel and would turn the meeting over to Vice Mayor Spitaleri.  He left the dais at 9:47 p.m. and Vice Mayor Spitaleri (Presiding Officer) moved into the Mayor’s seat and continued the meeting.

Public Hearing Opened 9:48 p.m.

David Simons stated his concerns about the potential project.

Public Hearing Closed 9:51 p.m.

MOTION: Councilmember Howe moved and Councilmember Swegles seconded to approve Alternative Nos. 1, 2, and 3:

Alternative No. 1: Council receives the project update and community outreach schedule for the Mary Avenue Extension Engineering/Environmental Analysis project

Alternative No. 2: Council authorizes the City Manager to refine the areas of dedication for the Mary Avenue Extension on properties owned by the Jay Paul Company and commonly identified as Parcel 1 and the Ariba parcel

Alternative No. 3: Council acknowledges that further design and environmental studies for the Mary Avenue Extension will consider the 11th Street alignment as the primary alignment

with: Council directs staff to move forward as quickly as possible and the City Manager and/or the City Attorney may proceed with an “at risk” agreement with the developer if needed to expedite the project.  City Manager may sign that agreement if needed on behalf of the Council.

Councilmember Chu disclosed he had a conversation with the developer on January 22, 2007.

VOTE: 5-0 (Mayor Lee and Councilmember Hamilton absent)

7.

RTC 07-022

Review of SB 49 (Migden):Local Government Financial Assistance to Sports Franchises for potential impact to the City

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

Councilmember Swegles verified that there are two issues regarding this item.  One issue is to oppose the language of SB 49 and the other is to look at the potential impact a new sports stadium in Santa Clara would have on Sunnyvale.  The impact issues will be brought to Council at the February 13, 2007 Council Meeting. 

Councilmember Swegles asked for verification that the City would not be required to give any monetary contribution in support of Santa Clara attempting to lure a football team to their City. 

Assistant City Manager Walker stated this evening’s action would not address that issue.  When staff returns to Council in February regarding the specifics of the project that would be the time to take specific action relative to lending (or not lending) any financial contributions to that project.

 Councilmember Moylan stated Mayor Lee requested this issue be brought forward and due to his absence, he asked if this issue could be combined with the impact report and brought together at the February 13, 2007 Council meeting for consideration. 

Presiding Officer, Vice Mayor Spitaleri stated that he spoke to Mayor Lee and his concern was that Council opposes any legislation that would remove local control from the City on this issue.

Public Hearing Opened 10:01 p.m.

Public Hearing Closed 10:02 p.m.

MOTION: Councilmember Swegles moved and Councilmember Moylan seconded to approve Alternative No. 2:  Council defers taking a position on the proposed Santa Clara stadium until further analysis is conducted – currently scheduled for February 13, 2007.

VOTE: 5-0 (Mayor Lee and Councilmember Hamilton absent)

COUNCIL:

Councilmember Swegles announced that he just became a great-grandfather.

STAFF:

None

·         Tentative Council Meeting Agenda Calendar

·         RTC 07-014 Boards and Commissions Quarterly Attendance Report (Fall 2006)

·         RTC 07-023 Opportunity to Appeal Decision of the Planning Commission on January 8, 2007 and the Administrative Hearing of January 10, 2007

·         Study Session Summary – Green Sunnyvale – January 6, 2007

·         Draft Minutes of the Housing and Human Services Commission Meeting of December 13, 2006

·         Draft Minutes of the Personnel Board Meeting of December 18, 2006

·         Draft Minutes of the Board of Library Trustees Meeting of January 8, 2007