APPROVED Minutes
sunnyvale city council meeting
TUESDAY, OCTOBER 16, 2007
6 P.M. SPECIAL COUNCIL MEETING (Closed Session) - Conference with Real Property Negotiator: City Manager, Amy Chan, pursuant to GC §54956.8 for confidential discussions regarding the price, terms of payment of 406 Charles Street and 407 South Mathilda Avenue
Conference with Real Property Negotiator: City Manager, Amy Chan, pursuant to GC §54956.8 for confidential discussions regarding the price, and terms of payment of Fair Oaks Health Clinic Site.
7 P.M. REGULAR MEETING
SALUTE TO THE FLAG
Mayor Lee led the salute to the flag.
ROLL CALL
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PRESENT: |
Mayor Otto Lee
Vice Mayor Anthony Spitaleri
Councilmember John Howe
Councilmember Dean J. Chu
Councilmember Melinda Hamilton
Councilmember Christopher Moylan
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ABSENT: |
Councilmember Ron Swegles (excused)
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STAFF PRESENT: |
City Manager Amy Chan
Assistant City Manager Robert Walker
City Attorney David Kahn
Director of Community Development Hanson Hom
Director of Public Works Marvin Rose
City Clerk Gail T. Borkowski |
Mayor Lee announced Councilmember Swegles absence is excused.
SPECIAL ORDERS OF THE DAY
Disabilities Awareness Month
Recognition of Hispanic Heritage Month
Ceremonial Oath of Office for Newly Appointed Board and Commission Members – City Clerk Gail Borkowski administered a ceremonial oath to Glen Hendricks who was recently appointed to the Personnel Board.
PUBLIC ANNOUNCEMENTS
Councilmember Howe announced a candidate’s forum will be held on Monday, November 5 at 7 p.m. in the Council Chambers.
Councilmember Howe stated the City of Sunnyvale was honored with the Silicon Valley Business Journal Structures Award on October 11, 2007. The 2007 awards were for outstanding projects, design firms and real estate brokers. All of the nominated Sunnyvale projects won an award. The City of Sunnyvale received the Redevelopment Project of the Year Award for the Sunnyvale Town Center, and the Jay Paul Company received awards for Developer of the Year, Green Building Project of the Year and Design Firm of the Year. The Jay Paul Company is currently working on the Moffett Towers project
Councilmember Chu congratulated Henry Hoshino who celebrated his 95th birthday on October 1, 2007.
Councilmember Moylan read an excerpt out of the San Francisco Chronicle that mentioned Sunnyvale.
Councilmember Moylan read an excerpt out of Sports Illustrated which mentioned that a Sunnyvale resident, Sara Lowe, was honored as the U.S. Synchronized Swimmer of the Year. Councilmember Moylan presented Lowe with a letter from Mayor Lee.
Mayor Lee announced Councilmember Swegles had an excused absence as he was on personal business.
Laura Babcock, representing the Heritage Park Museum project and the Historical Society, announced that the grand opening and dedication of the museum will be held on September 27, 2008.
Jim Griffith stated the Build the Library – Yes on B campaign has an informational booth at the farmers market every Saturday and also outside the Sunnyvale library on Saturday and Sundays.
CLOSED SESSION REPORTS
Vice Mayor Spitaleri reported Council met in closed session earlier this evening pertaining to: Conference with Real Property Negotiator: City Manager, Amy Chan, pursuant to GC §54956.8 for confidential discussions regarding the price, and terms of payment of 406 Charles Street and 407 South Mathilda Avenue.
Vice Mayor Spitaleri reported direction was given, but no action taken.
Vice Mayor Spitaleri reported Council met in closed session earlier this evening pertaining to: Conference with Real Property Negotiator: City Manager, Amy Chan, pursuant to GC §54956.8 for confidential discussions regarding the price, terms of payment of Fair Oaks Health Clinic Site.
Vice Mayor Spitaleri announced this closed session item will be continued at the close of tonight’s meeting.
CONSENT CALENDAR
Jim Griffith removed Item Nos. 1.E, 1.F and 1.H.
Councilmember Howe removed Item Nos. 1.D. and 1.I.
MOTION: Vice Mayor Spitaleri moved and Councilmember Howe seconded approval of the consent calendar with the exception of Item Nos. 1.D, 1.E., 1.F., 1.H. and 1.I.
VOTE: 6-0 (Councilmember Swegles absent)
Fiscal Items
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1.C. |
RTC 07-337
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List of Claims and Bills Approved for Payment by the City Manager – List No. 369, 370, & 371
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Staff Recommendation: Council reviews attached lists of bills.
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1.D. |
RTC 07-330
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Resolution of Support for Santa Clara Valley Transportation Authority Community Design and Transportation Program Grant for Murphy Avenue Streetscape Revitalization Project and Approval of Budget Modification No. 9
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Councilmember Howe requested that over the next two to three months, staff put together a list of the approximate costs and outline a time frame for the project located within the Murphy Avenue area, in conjunction with the mall and Town and Country.
Director of Public Works Marvin Rose stated staff is preparing a master schedule that will incorporate all projects downtown (including Murphy Avenue). Director Rose stated that staff report should be available to Council fairly soon.
Public comments opened.
No speakers.
Public comments closed.
MOTION: Councilmember Howe moved and Councilmember Moylan seconded to approve Alternatives 1 and 2:
Alternative 1: Council approves the resolution of support for Federal Surface Transportation Program Funds for Murphy Avenue Streetscape Improvements; and
Alternative 2: Council approves Budget Modification No. 9 to recognize FY 2007/08 grant revenue in the amount of $396,612 for the Murphy Avenue Streetscape Project and move $594,077 budgeted for the Murphy/Evelyn Avenues Sewer Infrastructure Improvements Project from FY 2008/09 to FY 2007/08
VOTE: 6-0 (Councilmember Swegles absent)
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1.E. |
RTC 07-334
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Authorization to Accept a Third Year of $10,000 in Grant Funds from the Satterberg Foundation for Tales for Tots: Increasing Storytimes to Young Children in Child Care Centers and Family Day Care Provider Homes, and Budget Modification No. 11
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Public comments opened.
Jim Griffith, Chair of Board of Library Trustees, stated the board wished to pull this item in order to make comments. Griffith stated the Satterberg Foundation has been very generous and the board wished to highlight the foundation and their generosity in assisting with Sunnyvale programs.
Griffith stated the board also wished to pull consent items 1F and 1H in order to highlight that these are grants coming from the California State Library System’s generosity. The California State Library System is not obligated to provide any funding to the City. Griffith stated the two bonds received from the California State Library System almost total the funds that will be received from the State of California Public Library Fund.
Public comments closed.
MOTION: Councilmember Howe moved and Councilmember Hamilton seconded to approve Alternative 1: Council accepts $10,000 from the Satterberg Foundation for continuation of the Tales for Tots program: Increasing Storytimes to Young Children in Child Care Centers and Family Day Care Provider Homes, and authorizes Budget Modification No. 11.
VOTE: 6-0 (Councilmember Swegles absent)
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1.F. |
RTC 07-331
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Authorization to Accept and Expend $23,980 in Grant Funds from the California State Library through the Library Services and Technology Act (LSTA) Early Learning with Families (ELF) Program for: In the Bag… Stories to Go for Children to Grow, and Budget Modification No. 12
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Public comments opened for items 1.F. and 1.H.
No speakers
Public comments closed.
MOTION: Councilmember Chu moved and Vice Mayor Spitaleri seconded to approve Alternative 1: Council accepts $23,980 in Federal Library Services and Technology Act (LSTA) Early Learning with Families (ELF) Funds through the California State Library for the In the Bag…Stories to Go for Children to Grow program, and approves Budget Modification No. 12.
VOTE: 6-0 (Councilmember Swegles absent)
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1.G. |
RTC 07-339 |
City of Sunnyvale Investment Report 3rd Quarter |
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Staff Recommendation: Council receives and files the investment report.
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1.H. |
RTC 07-332 |
Authorization to Accept $16,894 Grant Funds from the California State Library for the Library Services and Technology Act (LSTA) Grant Program and Appropriate $5,631 from Existing Library Foundation Program Grant Project Funds to Provide a Second Year of Access to Out-of-School-Time Online Homework Help, an Online Homework Assistance Program, and Budget Modification No. 13
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MOTION: Councilmember Chu moved and Vice Mayor Spitaleri seconded to approve Alternative 1: Council accepts $16,894 grant funds from the California State Library for the LSTA grant program and appropriates $5,631 from existing Library Foundation Program Grant project funds to provide a second year of access to Out-of-School-Time Online Homework Help, an online homework assistance program, and approves Budget Modification No. 13.
VOTE: 6-0 (Councilmember Swegles absent)
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1.I. |
RTC 07-338 |
Revised FY 2007/2008 Performance Audit Work Plan |
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Councilmember Howe stated he pulled this item in order to request a one-hour study session on audits before the end of the year.
Public comments opened.
No speakers.
Public comments closed.
MOTION: Councilmember Howe moved and Vice Mayor Spitaleri seconded to approve Alternative 1: Council adopts the revised FY 2007/08 Performance Audit Work Plan which adds programs 542, 543, and 729 and deletes programs 755, 773, 777, 779, and 786 from next year’s auditing schedule
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Council requests a one hour study session on audits before the end of the calendar year.
VOTE: 6-0 (Councilmember Swegles absent) |
Contracts
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1.J. |
RTC 07-340 |
Amendment to Agreement between the City of Sunnyvale and Sunnyvale Historical Society and Museum Association for the Heritage Museum, dated September 12, 2006, to include Design and Installation of Landscape Components
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Staff Recommendation: Council approves the attached First Amendment to the Agreement between the City of Sunnyvale and Sunnyvale Historical Society and Museum Association, pertaining to the Design, Development, Construction and Lease of a Heritage Museum at Sunnyvale Heritage Center at the Sunnyvale Community Center dated September 12, 2006, and authorizes the city manager to enter into the amended agreement.
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1.K. |
RTC 07-329 |
Award of Request for Proposals No. F0605-101 for Document Management Services and Approval of Budget Modification No. 16
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Staff Recommendation:
· Council awards a contract to RNR Consulting, in substantially the same form as the attached draft and in an amount not to exceed $69,518, for records management services; and
· Council approves Budget Modification No. 16.
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1.L. |
RTC 07-335 |
Award of Bid No. F0707-11 for Four Compact Pickup Trucks with Extended Cabs
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Staff Recommendation: Council awards a contract, in substantially the same format as the attached draft Purchase Order and in the amount of $55,021, to Sunnyvale Ford for four compact pickup trucks with extended cabs.
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STAFF RESPONSES TO PRIOR PUBLIC COMMENTS
None.
PUBLIC COMMENTS
Lucas Villagomez stated he lives in an apartment complex and his family is breathing in second hand smoke, which is coming from their neighbor. Villagomez stated he contacted the City, but there are not any laws preventing someone from smoking in their home. Villagomez stated he spoke to his landlord; however, the landlord stated that he is not able to do anything about this issue because he never enforced non-smoking rules in his leases. Villagomez stated he is frustrated at how to solve this issue.
Councilmember Howe explained that the City funds Project Sentinel who mediates between tenants and landlords. Councilmember Howe confirmed Villagomez has not met with Project Sentinel, but his neighbor does not seem very cooperative or willing to find a solution.
Councilmember Howe stated that with Villagomez’s permission, he would ask the city manager to have the appropriate person contact Villagomez regarding Project Sentinel.
Patrick Mahoney stated concerns over parking issues at Danbury Place in Sunnyvale. Mahoney cited concerns with the homeowners association and alleged possible violations of City parameters. Mahoney requested Council issue a recommendation to the association identifying that parking shall return to as originally listed in the Covenants, Conditions and Restrictions (CC&R’s).
Councilmember Hamilton inquired if there is an ordinance against charging for parking in private residential developments. Director of Community Development Hanson Hom stated a specific condition of approval for this project does not allow charging for general resident parking spaces and this condition is common practice for similar projects. Director Hom stated if the homeowner’s association wanted to implement a permit system, they could only recoup the actual cost of the system.
Councilmember Hamilton confirmed that the cost of any permit for parking could only be to cover the cost of the parking permit. Councilmember Hamilton explained that the association is attempting to collect a $25 monthly parking fee.
Councilmember Moylan confirmed that one of the conditions of approval for this project stated that the association may not charge for parking. Councilmember Moylan confirmed that the association’s justification for their need to charge for parking is because they believe Council decreed that Danbury Place will have all guest parking. Councilmember Moylan stated he agreed that if a condition is being violated, the City should get involved to correct the issue.
Micki Falk stated concern over the cost of the library bond measure and how it will affect citizens on fixed incomes or young residents with families. Falk stated both the Cupertino and Palo Alto libraries had donors who gave money for their construction. Falk stated Council needs to be cautious with spending citizens’ money and also take the time necessary to assess what is being done in the City and where funding will be obtained.
Councilmember Hamilton stated if the voters choose to approve the bond issue, then that is the only money that Council would spend on a new library. Councilmember Hamilton stated if the voters choose to have a new library, Council would be happy to build it for the community. Falk stated that citizens she has talked with are very upset with the propaganda they have received from the City and they do not want the library. Councilmember Hamilton responded that the election will send the message as to what the community wants.
Councilmember Howe stated he wished to make it very clear that the City of Sunnyvale has not put out any publications or propaganda (with tax funds or any funds) with regard to the bond issue or any ballot measures. Councilmember Howe stated to do so would be against the law. Councilmember Howe stated he verified with City Attorney Kahn that not one cent of tax money has gone into the bond measure (either for or against it). Councilmember Howe stated the brochures that Falk received have nothing to do with the City of Sunnyvale.
Denise Kopecky stated she shares Falk’s concerns over the bond measure. Kopecky stated she is concerned on how it will affect citizens and their finances.
Kopecky stated in the past, the City was cleaner and now it is dirty and untidy. Kopecky stated that in her neighborhood old cars are left sitting in font yards and trash is abundant. Kopecky inquired as to what could be done about this situation. Councilmember Chu directed Kopecky to give her address to Director Hom in order that the Community Development Department may follow up on her concerns.
Kevin Ngo stated concerns over parking issues at Danbury Place. Ngo stated the area surrounding Danbury Place is the densest neighborhood in the City, and yet the space is bordered by busy streets without any available parking. Ngo stated the two tiny streets near Danbury Place are at full capacity for parking. Several developments are still under construction surrounding this area and Ngo questioned where those future homeowners will park. Ngo inquired as to what residents are supposed to do without parking. Ngo stated he and his neighbors pay high property taxes and that amount multiplied by the number of units creates a large amount of revenue coming into the City. Ngo stated the City cannot ignore the problems that have been created by allowing all these properties to be built next to each other. Ngo is requesting the City take immediate action to remedy this situation. Ngo showed a picture of a handicapped parking spot that has been painted over and turned into guest parking. Ngo stated one handicapped homeowner in the complex has subsequently been towed twice. Ngo passed out pictures of empty guest spaces at the complex and concluded that it does not make sense to have empty guest parking spaces, and have homeowners go without parking spots at the same time.
City Manager Chan stated she wished to clarify something that the speaker mentioned about property taxes. City Manager Chan stated many citizens believe that 100 percent of their property taxes go to the City, when in fact the City receives an average of 12 cents on the dollar, and the remainder goes to other taxing agencies.
Mayor Lee stated the remaining public comments will be heard at the end of the meeting this evening.
Councilmember Chu suggested Council hear the remaining public comments and Mayor Lee stated he would like to continue to the public hearing and then return to public comments.
PUBLIC HEARINGS/GENERAL BUSINESS
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2. |
RTC 07-333
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Request for Continuation of 2006-0418 – Thomas Sweeney [Applicant/Owner]: Application of related proposals on an 11,620 square foot site located at 495 Central Avenue (near East Olive Avenue) in an R-0 (Low-Density Residential) Zoning District. (APN: 209-23-004)
· General Plan Amendment from Residential Low-Density to Residential Low-Medium Density,
· Rezone from R-0 (Low-Density Residential) to R-1.5/PD (Low-Medium Density Residential/Planned Development) Zoning District,
· Parcel Map to subdivide one lot into two lots,
· Special Development Permit to allow a new single-family home on the new lot.
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Mayor Lee stated staff has requested this item be moved to the October 30, 2007.
Public hearing opened at 7:53 p.m.
No speakers.
Public hearing closed at 7:53 p.m.
Councilmember Howe stated October 30, 2007 has a full agenda and requested that this item be moved to a meeting in November. Director Hom stated the applicant was available on October 30, 2007. Staff would need to check with the applicant for a November date and should the applicant be agreeable to an alternate date, staff will inform Council.
MOTION: Councilmember Howe moved to continue this item to November 20, 2007 and if for some reason that is not acceptable to the applicant, staff may return to Council with an alternate date.
Councilmember Chu stated that the October 30, 2007 actually is a light Council agenda. Councilmember Howe confirmed that Councilmember Chu would prefer to have the meeting on October 30, 2007.
Councilmember Howe withdrew his motion.
MOTION: Councilmember Chu moved and Councilmember Hamilton seconded to approve staff recommendation: Council continues this item to October 30, 2007.
VOTE: 6-0 (Councilmember Swegles absent)
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3. |
RTC 07-336
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Request for Continuation of 2007-0463 – Michael Kirkish [Applicant/Owner]: Application for related proposals on three parcels totaling 46,212 square feet located at 408 Flora Vista Avenue, 421 South Bayview Avenue and 420 Flora Vista Avenue (near East Iowa Avenue) in R-2 (Low Medium Density Residential) and R-0 (Low Density Residential) Zoning Districts. (Negative Declaration) (APN: 209-24-016) SB; (Applicant requests continuance).
· Tentative Map to subdivide three lots to nine lots,
· Rezone from R-0 (Low Density Residential) and R-2 (Low Medium Density Residential) to R-1.5 (Low-Medium-Density Residential) and R-2 Zoning Districts,
· Special Development Permit to allow six single family homes.
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Mayor Lee stated the applicant requested that this item be continued indefinitely
Public hearing opened at 7:56 p.m.
No speakers.
Public hearing closed at 7:56 p.m.
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