That Council review the lists of bills.

That Council award a contract in the amount of $82,163 to Shimada Landscape, Inc., of Sunnyvale to provide street tree structural pruning services for the Dept. of Public Works/Trees and Landscaping and authorize the Purchasing Officer to issue a purchase order to that effect.

That Council award a contract in the amount of $70,200 to Anthony J. Anglim Company of Oakland for replacement netting at two golf courses and authorize the Purchasing Officer to issue a purchase order to that effect.

That Council approve the application for $15,000 to obtain a grant from the Piper Jaffray Companies Foundation for the Summer 1999 session of Next Step volunteer and employment readiness program.

That Council concur with the NOVA PIC and approve funding of and contracting with the Welfare-to-Work Neighborhood Self Sufficiency Centers.

That Council adopt the resolution.

Title of Resolution No. 114-99:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY OF SUNNYVALE TO EXECUTE ALL DOCUMENTS AND ACCEPT DEEDS AND GRANTS WITH RESPECT TO THE PURCHASE OF CERTAIN REAL PROPERTY LOCATED AT 406 CHARLES STREET IN THE CITY OF SUNNYVALE.

MILLER moved adoption of Resolution No. 114-99, seconded by and carried by the following roll call vote:

AYES: WALKER, ROBERTS, VORREITER, VALERIO,

KAWCZYNSKI, FOWLER, MILLER

NOES: NONE

That Council approve reimbursement of $257,757 to Jay Paul Development for the construction of the City’s reclaimed water pipeline along Maude Avenue and Macara Avenue; and a contingency amount of $20,000 be approved for the purpose.

STAFF RECOMMENDATION

That Council adopt the resolutions and initiate adoption of Ordinance.

Mary Bradley, Director of Finance, presented the staff report. David Oster of Jones Hall Law Corp., Paul Rosenstiel of E.J. De La Rosa & Co., Inc., and Joseph Shilts of Shilts Consultants were also available to answer questions.

Appearances:

The public hearing was declared open and closed at 7:39 p.m.

Title of Resolution No. 115-99:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE APPROVING FORMATION OF COMMUNITY FACILITIES DISTRICT.

VORREITER moved adoption of Resolution No. 115-99, seconded by FOWLER and carried by the following roll call vote:

AYES: WALKER, ROBERTS, VORREITER, VALERIO,

KAWCZYNSKI, FOWLER, MILLER

NOES: NONE

ABSENT: NONE

Title of Resolution No. 116-99: 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE DETERMINING NECESSITY TO INCUR BONDED INDEBTEDNESS.

VORREITER moved adoption of Resolution No. 116-99, seconded by FOWLER and carried by the following roll call vote:

AYES: WALKER, ROBERTS, VORREITER, VALERIO,

KAWCZYNSKI, FOWLER, MILLER

NOES: NONE

ABSENT: NONE

Title of Resolution No. 117-99:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE CALLING A SPECIAL ELECTION COMMUNITY FACILITIES DISTRICT NO. 1.

VORREITER moved adoption of Resolution No. 117-99, seconded by FOWLER and carried by the following roll call vote:

AYES: WALKER, ROBERTS, VORREITER, VALERIO,

KAWCZYNSKI, FOWLER, MILLER

NOES: NONE

ABSENT: NONE

Title of Resolution No. 118-99:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN COMMUNITY FACILITIES DISTRICT NO. 1.

VORREITER moved adoption of Resolution No. 118-99, seconded by FOWLER and carried by the following roll call vote:

AYES: WALKER, ROBERTS, VORREITER, VALERIO,

KAWCZYNSKI, FOWLER, MILLER

NOES: NONE

ABSENT: NONE

Title of Ordinance No. 2588-99:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CITY OF SUNNYVALE.

VORREITER moved introduction of Ordinance No. 2588-99, seconded by FOWLER and carried by the following roll call vote:

AYES: WALKER, ROBERTS, VORREITER, VALERIO,

KAWCZYNSKI, FOWLER, MILLER

NOES: NONE

That Council prepare and adopt changes to the Sunnyvale Municipal Code and implement related programs as outlined: Limit the use of combustion engine-powered leaf blowers used on a temporary or infrequent basis to 8 a.m. to 8 p.m. in and adjacent to residential areas; encourage self-regulation by requiring the property owners to be responsible for the work of his or her gardener; encourage the replacement of older equipment with newer, quieter, less polluting models, through manufacturer-sponsored rebate programs; require auto dealers to replace outdoor loud speaker paging equipment with silent paging systems within a one-year amortization period; and continue to exempt the City from noise regulations for the maintenance and operation of municipal facilities available for public use during daytime hours.

David Boesch, Director of Community Development, presented the staff report. Dyane Matas, Housing & Neighborhood Preservation Officer, and Douglas J. Spinelli, Neighborhood Preservation Specialist, were also available to answer questions.

The public hearing was declared open at 8:49 p.m.

Mr. Howard provided Council with a Gas Blower Fact Sheet and commented that, based on EPA data, two cycle equipment which includes lawn/garden equipment, marine equipment, jet skis, and motorcycles contribute less than 0.8% of the annual VOC emissions in the U.S. and that on January 1, 2000, new regulations on two cycle engines will take effect. He feels that the city should not be exempted from any work hour regulations, and stated that electric equipment also produces pollutants.

Ms. Becktel stated that she operates a home business, and her quality of life is disrupted because of commercial gardeners use of gas powered leaf blowers. She requested the city mandate the decibel level of leaf blowers to 65 dBA. The hours of operation are not a concern, but the noise level is a concern.

Ms. Blackman asked Council to consider the following questions: Is policy to be approved tonight unreasonable, hinders or impedes normal business operations; would policy promote good business practices, and can enforcement procedures be enforced fairly and consistently.

The Chamber recommends restricting the use of combustion engine-powered equipment used on a temporary or infrequent basis to 8:00 a.m. to 8:00 p.m. in and adjacent to residential areas; encourage self regulation by requiring commercial and residents to be responsible for the work of contractors and ensuring they are licensed, and investigate the possibility of auto dealers replacing loud speakers with silent pagers within one year.

Mr. Rivera stated that his association represents over 200 gardeners and that need to earn a living. He asked that Council not pinpoint leaf blowers and pollutants and that gardeners, cities and citizens work together to come up with a solution. He requested gardeners, and workers be trained to be efficient in the use of equipment.

Ms. Franci stated that she has a home-based business, is pleased with the Planning Commission decision and plan, and feels there are three issues: noise, pollution and disruption at residents. Recommended reducing the allowable dBA to 65, ban commercial operation of equipment on Sunday and holidays, and that the city not be exempt from the regulations.

Mr. Gans stated that banning leaf blowers altogether is not practical. The City of Palo Alto hours of 9:00 a.m. to 5:00 p.m. are good, there should be no ban in commercial or industrial areas, starting time of 9:00 or 8:00 a.m. and an evening time limit of 6:00 p.m., is acceptable. Institute a 65 dBA limit on equipment in the Ordinance, ban loudspeakers at auto dealers, and that the air pollution issue be addressed at another time.

Mr. Boyd stated that noise is a problem, and one solution is to require all leaf blowers to be electric, and that gardeners be licensed.

Ms. Prosak commented on noise caused by trucks with vacuums operating in commercial parking lots, health concerns, enforcement and establishment of a permit structure.

Mr. Gutierrez stated that he is a gardener that lives in Sunnyvale, his equipment operates at 65 dBA and his equipment is necessary to his work. He stated that limiting work hours from 9:00 a.m. to 5:00 p.m. would greatly impact his business and that working with customers to accommodate their needs and adjusting work schedules is a good solution.

The public hearing was declared closed at 10:26 p.m.

MILLER moved to limit the hours of use of small combustion engine-powered equipment used on a temporary or infrequent basis in or adjacent to residential areas from 8:00 a.m. to 8:00 p.m., require the replacement of older engine powered equipment with new equipment rated to operate at a noise level of 65 dBA or below at 50 feet effective January 1, 2000, city staff to develop a noise policy related to the operation of city equipment in and around residential neighborhoods, require auto dealers to replace outdoor loud speaker paging equipment with silent systems by January 1, 2000, staff to work with Cal Train to redirect station noise, and staff to develop an education and notification campaign, seconded by VORREITER and carried with KAWCZYNSKI dissenting.

Staff to consult with City Attorney on single-event noise and return to Council.

Councilmember Fowler requested a Study Issue on Complaint-Based Enforcement of Noise.

Councilmember Kawczynski requested a Study Issue on the Air Quality Impact of Leaf Blowers.

That Council approve the draft Master Plan.

Trudi Ryan, Planning Officer, presented the staff report.

The public hearing was declared open at 11:46 p.m.

Mr. Risch commented on the following specifications of the Master Plan and recommended the following wording: Page 10 to read: "Highest Building will only be six stories." "The hotel will not exceed six stories." Page 11, Massing – he stated that open space between buildings is still subject to discussion and review; Page 7 Pedestrian Design: Requested more attention to bike links, and on Page 22 – change to read "…and will aim to satisfy CalTrans criteria for bike facilities."

The public hearing was declared closed at 11:55 p.m.