APPROVED MINUTES
SUNNYVALE CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 18, 2007
5 P.M. SPECIAL COUNCIL MEETING (Closed Session) - Conference with Labor Negotiators pursuant to Government Code §54987.6. Negotiator: Erwin Young, Director of Human Resources; Employee Organization: Public Safety Officers Association (PSOA)
5:45 P.M. SPECIAL COUNCIL MEETING (Closed Session) - Conference With Legal Counsel – Existing Litigation – (Government Code §54956.9(a)); David H. Whittum vs. City of Sunnyvale, a municipal corporation, City Council of the City of Sunnyvale, Santa Clara County Superior Court Case No. 1-06-CV-077357; and
Conference with Legal Counsel – Liability Claims – Pursuant to Gov’t. Code §54956.95; Claimant Cathleen M. Freceri, Agency Claimed Against Public Works, Claimant Mary Brown, Agency Claimed Against Public Works, Claimant Maureen Smerdon, Agency Claimed Against Public Works.
7 P.M. REGULAR MEETING
SALUTE TO THE FLAG
Webelos Den 8, Pack 457 Cub Scouts led the salute to the flag.
ROLL CALL
|
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
Associate Planner Ryan Kuchenig
City Clerk Gail Borkowski
Superintendent of Parks Curtis Black |
CLOSED SESSION REPORTS
Vice Mayor Spitaleri reported that Council met in closed session earlier this evening pertaining to: Conference with Labor Negotiators pursuant to Government Code §54987.6; Negotiator: Erwin Young, Director of Human Resources; Employee Organization: Public Safety Officers Association (PSOA).
Vice Mayor Spitaleri reported that direction was given, but no action taken.
Vice Mayor Spitaleri reported that Council met in closed session earlier this evening pertaining to: Conference With Legal Counsel – Existing Litigation – (Government Code §54956.9(a)); David H. Whittum vs. City of Sunnyvale, a municipal corporation, City Council of the City of Sunnyvale, Santa Clara County Superior Court Case No. 1-06-CV-077357.
Vice Mayor Spitaleri reported that direction was given, but no action taken.
Vice Mayor Spitaleri reported that Council met in closed session earlier this evening pertaining to Conference with Legal Counsel – Liability Claims – Pursuant to Gov’t. Code §54956.95; Claimant Cathleen M. Freceri, Agency Claimed Against Public Works, Claimant Mary Brown, Agency Claimed Against Public Works, Claimant Maureen Smerdon, Agency Claimed Against Public Works.
Vice Mayor Spitaleri stated the closed session on this item will continue after the close of tonight’s Council meeting.
SPECIAL ORDER OF THE DAY
Recognition of Silicon Valley Digital Clubhouse Network Project.
PUBLIC ANNOUNCEMENTS
Councilmember Hamilton announced that she spoke to Comcast and learned that they will not be dropping the KTEH Channel from the channel lineup.
Nick Klein stated that the Cub Scouts and Boy Scouts of Santa Clara would like to invite Council to participate in their popcorn sales starting September 22, 2007. Klein stated Scouts and Cubs will be selling popcorn locally and the proceeds from the sales will support local Scout camps.
Councilmember Moylan stated the Grand Boulevard Task Force consists of officials from Santa Clara and San Mateo counties and the purpose of this task force is to improve El Camino Real. The task force gives awards to individual developers or cities that produce something that is a real improvement to El Camino Real. Councilmember Moylan (who is a member of this task force) stated that at the task force meeting this morning, the City of Sunnyvale was chosen to receive a visionary award for the City’s El Camino Precise Plan. Councilmember Moylan stated of the six projects selected, the City of Sunnyvale was the only city from Santa Clara County. The remaining awards went to San Mateo County recipients.
PRESENTATIONS
Presentation by NASA Ames Research Center.
A NASA representative spoke about arrangements that NASA made with the principals of Google and their special corporation H211, LLC. The representative stated that NASA is committed to sustaining Moffett Field as a limited use shared airfield (for NASA partners and federal, state and local government agencies). NASA is not opening Moffett to all who emerge with requests. The NASA representative stated that the use of the airfield by Google’s principles for aircraft that they own is to further NASA ’s mission related objectives in collaboration with a long-standing NASA partner. The NASA representative stated that any private sector partner with NASA (such as H211, LLC) must meet certain criteria in order to utilize the airfield. First, the partner must assist NASA in offsetting the cost of airfield operations and secondly, any use of the airfield must be consistent with advancing NASA’s mission. Google principals have met this criterion.
The NASA representative stated that all of planes owned by Google principals have been fully fitted by NASA with scientific instruments, which will collect important information about atmospheric conditions, ozone concentrations, and surface temperatures. This information is viewed as data of opportunity for NASA because they will obtain this information at no cost.
The NASA representative explained that NASA has required that all aircraft the Google principals will be flying (as NASA requires with any private partnership) must have category 3 engines, which are the lowest noise emitting and polluting engines available.
The NASA representative stated NASA has a limit on the number of flights that can occur in a year within Moffett (approximately 12,500) and currently, NASA only utilizes about 70 percent of that limit. As a result of this agreement with the principals of Google, the additional private planes will add an additional 140 flights (which is an addition of less than 1 percent). The NASA representative stated that NASA needs these types of airfield agreements with private companies in order to help recover the cost of running the airfield, because NASA does not get additional funding from Washington to pay for these operations.
Councilmember Swegles inquired as to what type of time restrictions will be put on the Google principals and the NASA representative stated there are not any restrictions on what time they can fly in or out. Councilmember Swegles explained that at the San Jose Airport, flights may not operate after 10 p.m. The NASA representative stated due to the small number of possible flights, the impact would be negligible.
Councilmember Swegles confirmed that NASA may choose to make additional partnerships in order to offset the $7 million that it costs to run the airfield. Once they reach that amount, NASA will no longer make any deals. Councilmember Swegles confirmed that NASA still has room for approximately 25 – 30 percent more flights. Councilmember Swegles requested that NASA look at the possibility of adding in restrictions on the hours of operation for the flights.
Councilmember Howe stated that Council has received a number of concerned emails and letters from the community. Councilmember Howe stated that NASA has damaged their reputation in the last 30 days more than they have done over the past 13 years. Councilmember Howe stated the previous administrators of NASA wanted to engage the community, not keep them in the dark. Councilmember Howe stated the fact that the public found out about this through the press is poor public policy.
Councilmember Chu confirmed that the 140 additional flights annually will be for round-trip flights. Councilmember Chu inquired about flight patterns and asked if flying over the bay (as opposed to over residential) was imbedded in any of the contracts. The representative from NASA stated that wind conditions govern the landing patterns; however, if the wind pattern allows for it, the planes will fly in and out over the bay.
Councilmember Hamilton inquired as to how NASA paid for the airfield before this private partnership. The NASA representative stated they have been struggling for some time as NASA headquarters has changed the way that they fund their field centers. Councilmember Hamilton inquired as to what steps NASA would be willing to take in order to work with the City before another deal is made. The NASA representative stated in the future NASA will work with the City to let them know what deals they are considering and the plans that are being made, before signing a contract. Councilmember Hamilton confirmed that NASA is not discussing or forming any partner deals at this time.
Councilmember Swegles confirmed that the Air National Guard and Lockheed are also partners with NASA and that they also contribute to the cost of running the airfield. Councilmember Swegles confirmed the total cost to run the airfield is $7 million and the current deficit is $3 million (after all partnerships have been accounted for, including Google).
Presentation by Christine Benninger, President Humane Society Silicon Valley – “Humane Society Silicon Valley Construction and Facility Update”.
Presentation of Energy Efficient Design for Residential Projects by Clarum Homes.
CONSENT CALENDAR
Patrick Gallagher removed Item No. 1.F.
MOTION: Vice Mayor Spitaleri moved and Councilmember Howe seconded approval of the Consent Calendar with the exception of Item No. 1.F.
VOTE: 7-0
Fiscal Items
|
1.C. |
RTC 07-309 |
List of Claims and Bills Approved for Payment by the City Manager – List No. 367
|
|
|
Staff Recommendation: Council reviews attached lists of bills.
|
|
1.D. |
RTC 07-296
|
Notice of Intent to Apply for California Office of Traffic Safety Sobriety Checkpoint Mini-Grant Funding in the Amount of $27,990
|
|
|
Staff Recommendation: Council allows the Department of Public Safety to proceed with the OTS Mini-Grant application in the amount of $27,990. |
Contracts
|
1.E. |
RTC 07-310
|
Authorization to Modify an Existing Contract for Fire Protection Engineering Services (F0709-31)
|
|
|
Staff Recommendation: Council modifies an existing contract with Hughes Associates, Inc., in substantially the same form as the attached Agreement Amendment, by increasing authorized expenditures from $50,000 to $150,000.
|
|
1.F. |
RTC 07-314
|
Award of Bid No. F0611-47 for the Construction of Two Pedestrian Over-Crossing Structures on Borregas Avenue Across US-101 and SR-237, Authorization to Modify an Existing Contract for Engineering Design and Construction Support Services, and Approval of Budget Modification No. 10
|
|
|
Mayor Lee opened public comments.
Gallagher stated he is a member of Sunnyvale Cool Cities whose mission is to encourage the City and its residents to reduce the emission of greenhouse gases from Sunnyvale. Gallagher stated these over-crossing structures will have a significant effect on reducing greenhouse gas from Sunnyvale by providing additional opportunities for citizens to walk and ride bikes between neighborhoods. Gallagher stated Cool Cities commends the City and Council on their consideration of this item and urged Council to give their approval.
MOTION: Councilmember Howe moved and Councilmember Swegles seconded approval of staff recommendations:
Council awards a contract, in substantially the same form as the attached draft and in an amount not to exceed $6,835,393, to RGW Construction, Inc., to construct two bicycle/pedestrian bridges for the Borregas Avenue Bicycle Corridor project;
Council approves a construction project contingency in the amount of $683,539;
Council authorizes modification to an existing contract with T.Y. Lin International, in substantially the same form as the attached draft amendment and in an additional amount not to exceed $50,000, making a total contract amount of $1,134,256; and
Council approves Budget Modification No. 10.
VOTE: 7-0
|
|
1.G. |
RTC 07-313
|
Award of Bid No. F0707-13 for Four Law Enforcement Motorcycles
|
|
|
Staff Recommendation: Council awards a contract, in substantially the same form as the attached draft Purchase Order and in the amount of $74,816, to Santa Cruz Harley-Davidson, Inc., for four law enforcement motorcycles. |
Other Items
|
1.I. |
ORDINANCE
No. 2846-07 |
Adoption of Ordinance No. 2846-07 Amending the Precise Zoning Plan, Zoning Districts Map, to Rezone certain Residentially-Zoned Properties, Located at 1025 The Dalles Avenue, 1112 S. Bernardo Avenue, 771 W. Fremont Avenue, 445 S. Mary Avenue, 653 W. Fremont Avenue, 583 E. Fremont Avenue, 709 Lakewood Drive, 1575 Albatross Avenue, 455 E. Maude Avenue, 1050 W. Remington, and 1250 Sandia Avenue, to the Public Facility Zoning District
|
|
|
Staff Recommendation: Council approves the second reading of Ordinance No. 2846-07. |
STAFF RESPONSES TO PRIOR PUBLIC COMMENTS
None.
PUBLIC COMMENTS
Barry Warmkessel stated concern over Moffett Field and NASA allowing additional flights by private corporations. Warmkessel stated allowing these private partnerships may be a way for NASA to generate revenue. Warmkessel stated that NASA has not been honest and forthcoming.
Glenn Hendricks expressed concern over the situation at Moffett Field and NASA’s allowance of additional flights. Hendricks stated he sent emails to Council regarding this situation and has not received any response. Hendricks stated the citizens of Sunnyvale would like to hear the official opinion of Council regarding this issue and an action plan to challenge this development. Hendricks recognized that this item has not been agendized, but asked that Council respond as to when this will be discussed publicly and aggressively with an action plan on how to deal with this issue.
Werner Gans stated he was on the Moffett Field study group in the late 1990’s and he attended every meeting. During those meetings, a consensus was reached by NASA, the committee, and Council to not allow any additional flights into Moffett Field. Gans stated the recent decision to allow the principals of Google to fly their planes into Moffett Field violates NASA’a commitment to the cities of Sunnyvale and Mountain View. Gans stated NASA needs to cancel this contract and honor their commitment.
Peter Manca requested Sunnyvale City Council play an active role in the future development at Moffett Field. Manca stated it is his hope that NASA will look beyond the need for money and take the interest of the surrounding communities into consideration when they make any future deals. Manca recognizes that NASA may have additional deals based on what they are trying to accomplish, but it would be his preference that no more deals are made.
Mary Olmstead stated concerns over the Mary Avenue bridge overpass and the impact on the neighborhood. Councilmember Swegles informed Olmstead that the public comment period has been extended. City Manager Amy Chan stated the date will be publicized on KSUN and the City website.
Mayor Lee stated the public comments section will resume after agenda Item 4 concludes.
PUBLIC HEARINGS/GENERAL BUSINESS
|
2. |
RTC 07-312
|
2006-1109 Request by Staff for Continuation of Trinity Baptist Church [Applicant] Mathilda Development [Owners]: Application for related proposals on a 4-acre site located at 477 North Mathilda Avenue (near W. Maude Ave.) in an M-S (Industrial & Service) Zoning District. (Mitigated Negative Declaration) (APN: 165-28-022),
Rezone from M-S (Industrial & Service) to M-S /POA (Industrial & Service /Place of Assembly) Zoning District;
Use Permit to allow church in an existing industrial building.
|
|
|
Planning Officer Trudi Ryan stated staff is recommending this item be continued so that the Planning Commission minutes can be forwarded to Council for consideration on this item.
Public hearing opened at 8:33 p.m.
Councilmember Howe asked staff how many land use items are scheduled for September 25, 2007. Planning Officer Ryan stated to the best of her recollection there will be three items. City Manager Chan stated there are two items currently on the agenda for September 25, 2007.
No speakers.
Public hearing closed at 8:34 p.m.
MOTION: Councilmember Swegles moved and Councilmember Howe seconded approval of staff recommendation: Council continues the public hearing to September 25, 2007.
VOTE: 7-0
|
|
3. |
RTC 07-308
|
2007-0162 - T-Moblie USA [Applicant] City of Sunnyvale [Owner]: Application located at 636 Harrow Way (on Inverness Way, near Eagle Drive) in a P-F (Public Facility) Zoning District. (Negative Declaration) (APN: 309-36-051)
Appeal by adjacent neighbors (11 total) of a decision of the Planning Commission to approve a Use Permit on an 8.6-acre site to allow three antennas on a ballfield light standard and ancillary ground equipment in Ortega Park
|
|
|
Planning Officer Ryan presented the staff report.
Mayor Lee confirmed with staff that aesthetic concerns would be the only reason Council could reject this application. Planning Officer Ryan stated the health effects are beyond the control of the City and staff is not able to impose stricter standards than what the federal government already has established. Planning Officer Ryan stated that the City can control locations, but is required to provide reasonable locations, which the City has done through the City’s zoning code. The City’s zoning code describes which zones telecommunication facilities can be located in, under what conditions, and what kind of permit various types of applications would need to follow. Planning Officer Ryan confirmed that aesthetics is the number one item that the City can regulate.
Public hearing opened at 8:40 p.m.
Dave Hu, appellant, stated he represents a number of residents in the Ortega Park Neighborhood that object to this proposal and are requesting Council overturn the decision of the Planning Commission and reject this particular permit.
Hu stated that a majority of residents in the Ortega Park neighborhood are opposed to this project. Hu stated public objections to the project have not been adequately addressed in the permitting process. Hu identified numerous objections to this project by the appellants.
Mayor Lee confirmed that Hu is representing all the appellants. Mayor Lee cautioned Hu that health hazards are not an area that can be discussed.
Hu spoke of a similar situation at Braly Park, which is currently bisected by two PG&E power towers with antennas, representing four wireless carriers. Hu stated City staff measured the noise level from the equipment cabinets to be 58 decibels.
Hu identified that new wireless technology is on the way (UMC And Femtocell) without the need for large neighborhood antennas and base stations.
Charles Clark stated opposition to the installation of large antennas at Ortega Park by
T-Mobile USA. Clark stated his opposition is based on the aesthetics of the project and that because the expertise of City staff was not used in choosing options. Clark questioned why a City representative has not offered options such as smaller antennas.
John Sheehan stated he would appreciate Council’s denial of the appeal. Sheehan stated there is a need to have adequate antenna’s for cell phone signals in order for the community to be able to use their cell phones.
Richard Chuang stated Ortega Park is not a place for commercial usage. Chuang stated citizen interests should be placed first.
Kathy Broquard stated she would like the City to have a plan on where cell phone towers will be located throughout the City.
Liz Brockman expressed opposition to the T-Mobile USA project and urged Council to stop the project.
Kitty Chuang, President of Ortega Park Neighborhood Association, requested Council adopt a moratorium on all cell phone towers in the City of Sunnyvale until there is a master plan in place throughout the City that will best service the residents. Chuang stated she believes citizens would accept wireless antennas if there was a master plan in place.
Councilmember Swegles confirmed that the City currently has a map of all the cell phone towers throughout the City. Planning Officer Ryan stated the towers are primarily located on private properties. Planning Officer Ryan stated the zoning code restricts placement of cell phone towers on properties that have any type of residential use, which minimizes the number of sites in the southern part of the City. Most cell phone towers are currently located in the northern part of the City.
Darab Ghaffary stated he was a Planning Commissioner at the time this project came before the Planning Commission. Ghaffary stated he was one of the two dissenting votes on this project. Ghaffary stated he had made the finding that this installation would adversely affect the aesthetics of the park. Ghaffary stated that on the evening this item was heard by the Planning Commission, the Council Chamber was fully attended by community members strongly opposed to this application.
Tasha Skinner, representing the applicant T-Mobile, stated the conditions of approval issued by the Planning Commission have addressed some citizen concerns, one of which was the footprint of the equipment storage shelter. Additionally, T-Mobile has taken measures to reduce the size of the antenna enclosures. Skinner explained that T-Mobile experts are available in the audience to address any concerns that Council may have regarding noise. Skinner stated performing acoustical studies (before and after construction) was a condition of approval from the Planning Commission and T-Mobile is prepared to perform these studies. Skinner stated T-Mobile performed outreach within the community and received 109 response cards and 48 letters and emails in favor of the project. T-Mobile forwarded these responses to Council.
A professional engineer who works with T-Mobile addressed Councilmember Howe’s question regarding how the sound of the fans is measured (at what distance). The engineer stated the sound is measured using calibrated equipment that is designed to measure sound pressure levels. The engineer stated the City has limits of 60 decibels adjusted (dBA) and 50 dBA at night as standards. The noise levels from these facilities are very low, similar to the sound of a small refrigerator when all the fans are running.
Councilmember Howe stated the City standards are 50 dBA at the property line at night and 60 dBA for continuous operation during the day. Councilmember Howe inquired as to the level of background noise that is already present and what would the increase be at 10 feet. The engineer stated he does not have that information, but the samples they did take are all typical levels at approximately 45 dBA. Councilmember Howe inquired what the dBA would be at 10 feet with the typical dBA and background noise added in. The engineer stated he could obtain that information, but he did not currently have that available.
Councilmember Hamilton confirmed that at any distance the sound from the fans would be similar to a small refrigerator.
Councilmember Chu confirmed that the engineer had not visited the Braly Park site and heard the noise from that location. Councilmember Chu suggested the engineer visit Braly Park as the noise is clearly discernable. The engineer responded that he has visited numerous sites and that once a site is built, noise levels are never an issue, because the noise is insignificant compared to the ambient levels, even in a residential area.
Councilmember Chu inquired as to when the application was initially started and at what time did the public first hear about this project. Planning Officer Ryan stated the public heard about the proposal before a formal application for use was filed. Planning Officer Ryan stated the process staff has used for a proposal in a City park is to have two neighborhood outreach meetings and then to hold a hearing with the Parks and Recreation Commission. Planning Officer Ryan stated the process for this project started in November 2006 with the first community meeting being held at that time.
Councilmember Chu inquired as to what the notification process is for each meeting. Planning Officer Ryan stated for the community meetings, Parks and Recreation staff notifies residents within 500 feet of the proposed area. Planning Officer Ryan stated she is not aware if there was a separate notice that went out for the Parks and Recreation Commission hearing. Planning Officer Ryan stated the Planning Commission has a minimum distance of 300 feet for property owners and residents and approximately 390 notices were mailed. Councilmember Chu inquired if this evening’s meeting was re-noticed. Planning Officer Ryan stated when an application for a Use Permit is considered, it is noticed in the newspaper and notifications are sent to the public. When there is an appeal, notices are also sent to the addresses within the buffer area; however, a notice is not put in the newspaper.
Councilmember Chu inquired if the 300 feet distance for notification was from the tower or property. Officer Ryan stated it is 300 feet from the property (completely surrounding the park); however, on the north side of Ortega Park, 300 feet extends into the school property.
Dave Whittum expressed concerns about noise and stated that the analysis of the negative declaration is not supported by adequate evidence, which is a procedural error. Whittum stated it is not clear what the noise impact will be on nearby homes and suggested that Council hold their decision until the applicant performs an analysis on the noise impact in order to see what the actual increment will be on a nearby home.
Arthur Schwartz stated noise will never be controlled to an acceptable level as long as dBA is being used as a measurement. Schwartz stated dBC is a flat range and the noise levels are 10 dBA higher when dBC is used. Schwartz stated dBA will only measure higher frequencies.
Indra Barlow stated concerns over noise levels. Barlow stated what is heard while in the park (from a three to five foot range from the box) is important, not across the street. Barlow inquired as to what the proposal is for mitigating the noise from this box. Barlow stated a retired sound engineer from her neighborhood measured the sound that was emitting from Braly Park and it was 54 dBA, which is too loud. Councilmember Howe inquired if the measurement at Braly Park was measured from across the street or three to five feet from the box. Barlow stated the retired engineer measured it from a couple of different places and her best guess would be that his measurement was approximately from 10 feet. Barlow stated her main concern is being able to continue to enjoy the park. Acceptable noise levels should be taken from the perspective of whether the park can be enjoyed.
Appellant Hu gave closing remarks. Hu stated it would be interesting to find out where
T-Mobile received the 109 responses because it is his guess that T-Mobile mailed their survey to a list of their own customers.
Public hearing closed at 9:27 p.m.
Councilmember Hamilton inquired as to what actions the City has to remedy a situation where noise exceeds the levels allowed. Planning Officer Ryan stated that if there is a violation, they would need to make corrections by modifying the equipment or adding noise attenuation features that would reduce the transmission of that sound to the property line.
Councilmember Hamilton confirmed with Planning Officer Ryan that the Planning Commission required the equipment shelter at Ortega Park be insulated in order to assist with the noise from running the equipment; and therefore, the no |