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:

City Manager Amy Chan

Assistant City Manager Robert Walker

City Attorney David Kahn

Director of Community Development Hanson Hom

Planning Officer Trudi Ryan

Intergovernmental Relations Officer Yvette Agredano

Assistant to the City Manager Coryn Campbell

Director of Finance Mary Bradley

Budget Analyst Drew Corbett

Director of Parks and Recreation David Lewis

City Clerk Katherine Bradshaw Chappelear

1.A.

Approval of Information/Action Items – Council Directions to Staff

1.B.

RTC 07–250

List of Claims and Bills Approved for Payment by the City Manager – List No. 355, 356, & 357

Staff Recommendation: Council reviews the attached list of bills.

1.C.

RTC 07–238

Acceptance of the Satterburg Foundation Invitational Grant for a Crime Prevention Program and Budget Modification No. 1

Staff Recommendation: Council allows the Department of Public Safety to accept the Satterburg Foundation grant monies and purchase mobile surveillance equipment that will be used to assist Neighborhood Watch groups and approve Budget Modification No. 1.

1.D.

RTC 07–249

Acceptance of California Office of Traffic Safety Hand Held Technology Grant and Budget Modification No. 2

Staff Recommendation: Council allows the Department of Public Safety to accept the Office of Traffic Safety grant funds to purchase six hand-held ticket writers and software and approve Budget Modification No. 2.

1.E.

RTC 07–239

Appropriation of Traffic Safe Communities Network of Santa Clara County Funds and Budget Modification No. 3

Staff Recommendation: Council allows the Department of Public Safety to accept the Traffic Safe Communities Network monies for the 2007 Stop on Red Campaign to finance 13.68 hours of overtime and approve Budget Modification No. 3.

1.F.

RTC 07–247

Award of Contract for the Maintenance of the City’s Radio Communication Systems (F0707-04)

Staff Recommendation: Council awards a one-year contract, in substantially the same form as the attached draft and in an amount not to exceed $180,862, to Motorola, Inc., for the maintenance of the City’s radio communication systems.

1.G.

RTC 07–252

Renewal of Outside Council Agreement for Pending Litigation

Staff Recommendation: Council approves the renewal of the Outside Counsel Services Agreement with Rankin, Landsness, Lahde, Serverian & Stock for legal services not to exceed the amount of $50,000 for a total contract amount of $100,000.

1.H.

RTC 07–230

Response to Santa Clara County Civil Grand Jury’s Final Report, “Disaster Preparedness in the County: Improvements Needed”

Councilmember Moylan stated he pulled this item (the City’s response to a Grand Jury report) for the benefit of the public. In this case, the Grand Jury decided to investigate how jurisdictions within this county might be prepared to summon their emergency personnel in the event of a disaster. Councilmember Moylan stated the Santa Clara County Civil Grand Jury obtained data from the county itself and from five of the cities in the county, including Sunnyvale. The Grand Jury asked many questions and did some audits and then produced this report, which the City is obliged to respond to.

Councilmember Moylan stated while the City’s report is all very formal and nice and says the City agrees with each of the Grand Jury’s findings, he wanted to make sure everyone was able to read between the lines. Councilmember Moylan highlighted that Sunnyvale got top marks across the board because the City knows where all of its personnel live and has an automated way of calling staff in during a disaster. Councilmember Moylan stated not having this capability was exactly what the Grand Jury was worrying about. Councilmember Moylan stated this turns out to be a really good piece of news and he did not want it just to slide by on the Consent Calendar without people noticing, and without giving some congratulations to City staff.

Councilmember Swegles stated he wished to piggyback on Councilmember Moylan’s comments. Councilmember Swegles stated his mobile home community has an emergency taskforce and one of their concerns is that if a true emergency happened, it could take two days before they can get out. Councilmember Swegles stated he corrected the taskforce’s assumption and explained that the City is equipped to respond in very timely manner in an emergency. Councilmember Swegles informed the taskforce that he will make sure they receive a copy of the staff report so that they better understand the resources in place for an emergency.

MOTION: Councilmember Moylan moved and Councilmember Swegles seconded to approve Alternative 1: Council authorizes the Mayor to sign the letter in response to the Grand Jury’s Findings and Recommendations.

VOTE: 7-0

1.I.

ORDINANCE

No. 2842-07

Adoption of Ordinance No. 2842-07 Adding Chapter 18.40 (Covenant of Easement) to Title 18 (Subdivisions) of the Sunnyvale Municipal Code

Staff Recommendation: Council approves the second reading of Ordinance No. 2842-07.

1.J.

RESOLUTION

RTC 07–246

Application to Apply for Transportation Fund for Clean Air (TFCA) Grant Funding to Replace Two Diesel Refuse Vehicles with Compressed Natural Gas Vehicles

Staff Recommendation:

·      Council approves a resolution authorizing the grant application for TFCA funding for the incremental cost of converting two refuse trucks to compressed natural gas; and

·      Council authorizes the City Manager to execute a funding agreement if the grant is awarded.

1.K.

RTC 07–245

Ratification of Agency Appointment to Child Care Advisory Board (CCAB)

Staff Recommendation: Council ratifies the appointment of Carrie Bosco to the Child Care Advisory Board effective July 17, 2007 for a term ending June 30, 2011.

2.

ORDINANCE

RTC 07–251

2005-0105 – Akbar Abdollahi [Applicant/Owner]: Application for related proposals on a 13,802 square foot site located at 963 South Wolfe Road (near Maria Ln.) in an R-3 (Medium Density Residential) Zoning District. (Negative Declaration). Continued from July 10, 2007.

·      Rezone from R-3 (Medium Density Residential) to R-3/PD (Medium Density Residential/Planned Development) Zoning District,

·      Special Development Permit to allow the construction of six townhomes,

·      Tentative Map to subdivide one lot into six lots and one common lot,

·      Variance to allow for use of individual solid waste and recycling carts instead of centralized waste enclosure.

Planning Officer Trudi Ryan presented the staff report. Planning Officer Ryan stated this item has several related applications, but essentially it is for a six-townhouse unit development on Wolfe Road. Planning Officer Ryan stated staff has worked with the applicant on the design of the project, and the applicant has responded with a number of items to redesign the project, including some redesign that occurred after they held a study session at the Planning Commission and received feedback from the Planning Commission on their application.

Councilmember Swegles stated there is a new state law regarding individual meters. Councilmember Swegles confirmed with Planning Officer Ryan that this project will have individual meters for the townhomes.

Public hearing opened 7:32 p.m.

Cherine Bassal, designer of the project, stated he responded to the Planning Commission’s concerns with a drawing showing the detailing, colors and garage doors. Bassal stated at this point he covered all the recommendation and the requirements for this project.

Councilmember Howe stated the two spaces that are covered for parking in the garage are identified as being maintained and available for parking. In that area, the City has had a lot of controversy over parking on the street. Councilmember Howe inquired how that provision will be enforced.

Planning Officer Ryan stated that staff will require that to be reflected in the covenants, conditions and restrictions (CC&R) and that the homeowners’ association needs to self-police their residents and property owners to assure that provision is being met. In addition, if there is an issue and the homeowners’ association is not being proactive in that effort, then the City’s Neighborhood Preservation Code Enforcement staff can follow up to assure that they are meeting this provision.

Councilmember Howe inquired as to how enforcement occurs. Planning Officer Ryan stated she does not know the exact protocols they use. Typically, they will contact an owner, indicate that there has been a complaint, and ask for some kind of voluntary showing of the property. Code enforcement does not have the right just to enter the property, but in most situations, residents/property owners are agreeable to work with staff. Should a resident not allow the property to be shown, then depending upon the severity of the problem, staff would need to take other legal resources to obtain that information to determine whether or not there is a violation.

Councilmember Howe stated the reason he mentioned this is because one of the projects Council recently approved on Mary Avenue has now come bubbling up to the front, and the mayor received a letter this week concerning that project. One of the problems has to do with people putting too many items in the garages and not having available parking. Councilmember Howe stated this is an area that the City has had nothing but trouble with parking out on Wolfe Avenue or Wolfe Road. Councilmember Howe stated the City has turned around and spent tons of money on traffic resources trying to address the concerns, and now the City is putting in another project right in the middle of this area. Councilmember Howe stated the area has a low parking requirement today, but if this project is approved it will have relatively high parking needs and relying on only two places to be covered and available for parking. Councilmember Howe stated he also questions the enforcement mechanism.

Councilmember Howe confirmed the project is six units and for six units, there will be a homeowners’ association and a board and the rest of it, which if they have a five-member board, five out of six are on it.

Councilmember Howe asked Bassal if he had any comments on the items discussed. Bassal stated they are providing two-car garages and there is extra parking at the side.

Councilmember Howe asked if Bassal had any comment on the enforcement issue and Bassal stated he did not.

Councilmember Swegles asked Bassal if it would be possible to make sure that the potential owners are fully aware of the restriction of the garages in the contract that they sign, and asked that the developer assist the homeowners in putting together an owners’ group.

Akbar Abdollahi, applicant, stated this was discussed with the Planning Commission and it was mentioned that the homeowners cannot park their cars on the private street in the CC&Rs. Abdollahi stated he would ask his agent to mention or write on the contract to every individual buyer that they have to park their car inside the garage.

Councilmember Swegles confirmed that Abdollahi will require the owners (not ask) to park in their garage.

Public hearing closed 7:39 p.m.

MOTION: Councilmember Howe moved and Councilmember Swegles seconded to approve Alternative 1: Council adopts the Mitigated Negative Declaration and introduces an Ordinance to rezone property located at 963 W. Wolfe Road from R-3 to R-3/PD and approve the Special Development Permit, Tentative Map for six units on a common lot, and Variance for individual solid waste and recycling carts with conditions (as attached in staff report)

with

Council directs Director of Community Development Hom and City Attorney Kahn to work together to determine how to best enforce the one provision which keeps the two enclosed parking spots as parking spots.

Councilmember Swegles asked City Attorney Kahn if as a part of this motion, Council would be able to require that language be put into the sales contract, to make sure that buyers are fully aware of the parking provision. The applicant said that he would possibly write it in, but could Council ask him to make it a formal part of his sales contract so that the potential buyer is fully aware of the restriction of keeping the garage as a parking area.

City Attorney Kahn stated that it would probably be more appropriate for the CC&Rs as a condition of disclosure, rather than in the sales contract; however, it certainly could be a condition of the CC&Rs.

Councilmember Swegles offered a friendly amendment to place language into the sales contract, to make sure that buyers are fully aware of the parking provision.

Councilmember Howe stated that the proposed requirement will place a process at the point of sale and he is reluctant to put things at the point of sale as a requirement for disclosure. Councilmember Howe stated the intent of the motion was to make sure that the Director of Community Development and the City Attorney put that requirement into the CC&Rs in such a way that it is blatant. One way of doing it is to make sure that each one of the CC&Rs is signed off at the time of the close of escrow. The applicant could inform the buyers that the City has redress, both against the individuals as well as the homeowners’ association, for noncompliance with the CC&Rs once the homeowners’ association has been notified that they are not in compliance. Councilmember Howe stated that is the type of wording that he would like to see in what staff develops for the CC&R’s. Councilmember Howe stated once code enforcement is involved the City can deal with an individual homeowner or a homeowner’s association.

Councilmember Moylan stated he would like to comment on the trash enclosure issue that now requires a variance. Councilmember Moylan stated for a little development of six townhouses, to obey the City requirement for a big dumpster at the project (that everyone has to haul all their trash out to) is deemed, in this particular case, inconvenient for not only the homeowners, but also for the City’s trash hauling company. Councilmember Moylan stated everyone is in favor of what used to be a deviation and is now called a variance. Councilmember Moylan suggested the City’s current code, which mandates dumpsters, is what really needs to be revised, so that people do not need to obtain a variance every single time they want to have individual trash. Individual containers is always more convenient for the homeowner. Councilmember Moylan continued stating that the City’s code is written to force these things to be designed for the convenience of the trash hauler, even if it is less convenient for the owner. Councilmember Moylan stated that is a piece of the code that needs to be revised so the variance process is not required just to allow people to have their own garbage can.

Councilmember Moylan stated he would support the motion.

Councilmember Hamilton stated when she read the staff report and saw this project had a four-foot narrower driveway than is required by code, the very first thing she thought of was the Safeway parking lot two doors down that is impossible to get in and out of because the aisles are so narrow. Councilmember Hamilton stated she is not comfortable with that situation. Councilmember Hamilton stated that Council reviews a lot of variances, and this situation is one that actually fits the case where the lot is too narrow to do much of anything else. Councilmember Hamilton stated she was looking at the map and is not able to imagine taking another four feet out of the backyards, and yet there is not any space to take from the front yards either. Councilmember Hamilton stated she will support this motion, but is not in favor of approving situations such as this in the future. Councilmember Hamilton stated she is troubled by the fact that a justification in the staff report was that the previous Council had approved this for another project and she does not want to see this become some sort of precedent elsewhere in the City.

VOTE: 7-0

3.

RTC 07–215

International Friendly Exchange Relations (Council Policy Issue) -Continued from July 10, 2007.

Intergovernmental Relations Officer Yvette Agredano presented the staff report.

Councilmember Moylan inquired if it is the case that neither Council nor staff has actually gone to any one of the City’s three friendly cities. Intergovernmental Relations Officer Agredano stated Mayor Lee did travel to Suzhou, China.

Councilmember Moylan stated that would presumably represent some benefit to the City from that particular relationship, but is there any demonstrable benefit that has accrued to the City from the other two relationships.

Assistant to the City Manager Coryn Campbell stated staff has not evaluated the benefit of each of these relationships. In the past, how it has been approached is if Councilmembers perceive a benefit, then they are the ones that make that determination. Staff has not done that kind of analysis.

City Manager Chan stated no staff member has made any trips to any of the friendship cities and there has been limited communications with these friendship cities. City Manager Chan stated the City may have gotten an email or two asking about City programs and staff directed them to look at the City website. There have been several delegations from friendship cities that have come to Sunnyvale and the City in most cases hosted meetings, as well as, perhaps lunch or dinner. City Manager Chan stated that many of the lunch and dinners were sponsored by different community members and those were obtained by either the sitting mayor or sitting councilmembers.

City Manager Chan stated she wanted to inform Council of her response to Councilmember Moylan’s questions. City Manager Chan stated that a previous councilmember took a trip to one of the friendship cities; but there were not any City expenses involved because the councilmember paid for the trip himself. Mayor Lee’s visit was also not on City expenses as he was visiting other cities and then made a trip also to visit one of the friendship cities.

Councilmember Moylan stated the impression that he received from City Manager Chan’s email was that the overall cost of these programs has been so minimal there has not really been a need for a special budget item. However, the staff report indicates that based on the resources that have been devoted, it is now staff’s recommendation that the City have a maximum of three of these cities, which happens to coincide exactly with the number of cities that we already have.

Councilmember Moylan stated that additionally, staff is recommending that there be a sunset clause, which sounds very appealing, although the existing friendship cities do not have a sunset clause. Councilmember Moylan stated that it seems the staff recommendation is that City of Sunnyvale will never again enter into another one of these relationships unless staff calls up one of the three existing cities and tells them that they are fired. Councilmember Moylan asked if that was staff’s thinking.

Intergovernmental Relations Officer Agredano stated that would be a correct assumption and that it was staff’s oversight in establishing and recommending the sunset clause. Staff would be willing to consider establishing a staggering expiration date for the three current contracts or the memorandum of understanding (MOU) that is in place. Intergovernmental Relations Officer Agredano stated the staff recommendation also states that staff would come back to Council upon the expiration of any of the existing MOU’s to determine if Council wants to reestablish that MOU or look elsewhere.

Councilmember Moylan stated that right now the contracts are not set to expire and Intergovernmental Relations Officer Agredano stated that was correct. Councilmember Moylan stated that he understands staff’s recommendation to be that the City should not enter into any more of these relationships. Based on that understanding, Councilmember Moylan asked for a better understanding of why staff is recommending (based on resources), that staff can only afford to have three friendship cities at a time, if the expense is so minimal.

City Manager Chan responded that one of the cities has sent several delegations to Sunnyvale over the years, but one of other cities has not had any contact with the City since the agreement was signed. City Manager Chan stated she thinks it would be appropriate to have the mayor let them know about this City policy and suggest to them that the City can communicate with them in the future on a different level than a “friendly city” umbrella. City Manager Chan stated that might be something Council may want to consider.

Councilmember Moylan stated that staff’s recommendation is to freeze the City’s existing three relationships where they are and not have any more. Councilmember Moylan questioned if there is any concern on staff’s part that 100 percent of the City’s relationships are with one particular country, and that the City has no relationships with any cities from any of the other countries around the globe. Councilmember Moylan asked if this is of a concern at all.

Intergovernmental Relations Officer Agredano stated that is an issue for Council dialogue. Currently, all of those relationships with the friendship cities have been mainly at Council level, not at staff level.

Councilmember Hamilton asked about the length of the sunset clause and why three years was chosen. Intergovernmental Relations Officer Agredano stated the three years was just a measure of time that staff decided would be a good amount of time for the City to try to have some communications with the foreign city. Should nothing come of it, then three years would be about the time that Council may consider a different relationship.

Councilmember Chu stated he agreed with Councilmember Moylan about three friendship cities being from one country as it did not make a whole lot of sense that the City would be that restrictive.

Intergovernmental Relations Officer Agredano stated that, as the city manager explained, the relationships have really been at the Council level. Staff did not go into the criteria of what cities would be appropriate. The value of the relationship has historically been set by Council and additionally, it was not staff’s intent that the City would not have relationships with other countries. When staff developed the three-city, three-year recommendation it was to allow for a way to evaluate the relationships after three years, so that a situation did not develop where there is not any activity or any benefit received by the City.

Councilmember Swegles inquired if one of the three cities was looking to develop some type of a shopping mart in Sunnyvale. City Manager Chan stated it was not one of the three friendship cities, rather another city.

Councilmember Swegles stated he was glad that his fellow Councilmembers opened the door in regards to other countries. Councilmember Swegles explained that the ambassador from Lithuania visited the City and the ambassador felt that he was so well received; he went back and told the president of Estonia that Sunnyvale was a place for him to visit while he was touring the United States. The City has had some other countries that have shown interest in visiting Sunnyvale and Councilmember Swegles stated he would enjoy seeing the City expand its horizons in regards to this.

Mayor Lee asked if Council were to approve the proposed council policy, due to the sunset period, and the fact that two of the three cities were established more than three years ago without any amendment or changes, would the two cities sunset immediately. Intergovernmental Relations Officer Agredano stated that was not staff’s intention. The only way that the three existing MOUs would be terminated is if Council decided to enter into another MOU with another city, Council would then have to determine which of the three existing to terminate, unless Council decides to stagger a three-year sunset on the existing MOU’s.

Public hearing opened 8:01 p.m.

Arthur Schwartz stated he questioned the purpose in having sister city relationships compared to two other foreign visitor groups that the City has entertained. One was a delegation from the Georgian Prime Minister’s office, and the second one was a delegation from all over Southeast Asia. Schwartz stated these groups were interested in the City’s emergency preparation and solid waste handling systems. Schwartz stated he believed a better use of staff time and whatever funds that are available would be to increase the number of delegations that visit the City rather than just have a fixed sister city relationship which doesn’t involve any particular information exchange.

Mayor Lee explained to Schwartz that Sunnyvale has an ongoing policy to not have a sister city relationship as it generally involves more funding, responsibility and commitment between the cities; with a friendship city the sense is that you can have more than one friend per country. A friendship city generally is a little bit looser, and depends on the need and wants, and what each party can supply to the relationship.

Schwartz stated he understands that but he has not seen much come out of this sister cities program; whereas, in two one-day visits by the delegations, a lot came out of those visits.

Schwartz inquired as to the budgeted resources that the City is using for this relationship. Intergovernmental Relations Officer Agredano stated there are not any budget items within the Intergovernmental Relations Program; however, there is a small budget within the Council’s budget for gifts and small documents such as recognition awards for visitors.

Schwartz confirmed with staff that if a Councilmember engages a country as a friendly city and that city comes to visit, then it is up to the Councilmember to find ways to entertain them and cover the expense.

Public hearing closed 8:03 p.m.

Assistant City Manager Robert Walker stated that part of the resource allocated by staff is for the scheduling and the convening of the meetings. It is correct that of the three cities, two of them have not been very active at all. However, the one city that has been active has required a great deal of time on the part of the executive assistant to Council and the intergovernmental relations staff, in terms of coordinating those meetings. A great deal of correspondence goes back and forth between the two countries and one of the reasons for limiting the number of agreements was in case all three became active, that would become a resource issue for staff.

Councilmember Chu inquired if Council could instruct the mayor to send letters to the existing cities that have not corresponded with the City. Councilmember Chu also inquired if Council could make a motion directing or suggesting to the mayor that the cities be evaluated as to whether or not the City should terminate relations with those friendship cities.

City Manager Chan stated that direction would be