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.