FOWLER moved approval of minutes as submitted, seconded by ROBERTS and carried unanimously.

That Council review the lists of bills.

Councilmember Miller removed this item from the Consent Calendar for discussion.

Brown Taylor, Interim Public Safety Director, presented the staff report.

That Council award a contract in the amount of $151,296 to Laerdal Medical Corporation of Wappingers Falls, New York, for 45 defibrillators and authorize the Purchasing Officer to issue a purchase order to that effect.

That Council authorize additional expenditures not to exceed $245,000 under the existing contract with Monolyte Laboratories of Sandy, Utah, for polymer flocculants and authorize the Purchasing Officer to modify the existing contract to that effect.

That Council authorize additional expenditures not to exceed $50,000 under the existing contract with Pitney-Bowes of San Jose for a Citywide copier rental program and authorize the Purchasing Officer to modify the existing contract to that effect.

That Council award a contract in an amount not to exceed $81,229 to Motorola of San Mateo to furnish and install a new data base station and network controller for the DPS Cad system upgrade and authorize the Purchasing Officer to issue a purchase order to that effect.

That Council award a one year contract to Reed and Graham, Inc., of San Jose, in an amount not to exceed $275,000; Award a one year contract to Raisch Products of San Jose in an amount not to exceed $200,000; Award a one year contract to Granite Rock Company of Redwood City in an amount not to exceed $35,000 and authorize the Purchasing Officer to issue purchase orders to that effect.

MODIFICATION NO. 26.

STAFF RECOMMENDATION

That Council adopt the resolution.

Title of Resolution No. 147–99:

A RESOLUTION OF THE 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 252 GARNER DRIVE IN THE CITY OF SUNNYVALE.

VORREITER moved adoption of Resolution No. 147-99, seconded by ROBERTS and carried by the following roll call vote:

AYES: WALKER, ROBERTS, VORREITER, VALERIO,

KAWCZYNSKI, FOWLER, MILLER

NOES: NONE

That Council authorize the City Manager to execute the California Energy Commission Funding Award Agreement.

That Council authorize the City Manager to execute the Cooperative Agreements between the City of Sunnyvale and the County of Santa Clara and the Santa Clara Valley Transportation Authority for the Measure A/B Pavement Management Program; Approve Budget Modification #27 in the amount of $125,000 for the Measure A/B Pavement Management Program for a Maude Avenue roadway pavement overlay.

Councilmember Miller removed this item from the Consent Calendar for discussion.

Ray Williamson, City Traffic Engineer, presented the staff report.

The Public Hearing was declared open at 8:00 p.m.

Mr. Mayer stated that he is not fundamentally opposed to the 101/Shoreline interchange, but current design for both 101/85 and Montague Expressway interchanges are difficult for bicyclist to cross. He requested Council not support items 1K. or 1L. until they are bicycle friendly. On construction projects outside the city of Sunnyvale, he feels the 101 widening to south county and the widening over the Sunol grade will increase the traffic into the city and urged Council not to support these projects.

Mr. John Carpenter stated concerns about the 85/101/Shoreline interchange design. He feels they are not pedestrian, bicycle or ADA friendly.

The Public Hearing was declared closed at 8:12 p.m.

That Council adopt the resolution.

Title of Resolution No. 148–99:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE URGING THE SANTA CLARA COUNTY BOARD OF SUPERVISORS TO ADEQUATELY FUND AND TO MOVE EXPEDITIOUSLY TO CONSTRUCT THE NORTH ROUTE 85/HIGHWAY 101 INTERCHANGE IMPROVEMENT PROJECT.

MILLER moved adoption of Resolution No. 148-99, seconded by FOWLER and carried by the following roll call vote:

AYES: WALKER, ROBERTS, VORREITER, VALERIO,

KAWCZYNSKI, FOWLER, MILLER

NOES: NONE

Councilmember Miller removed this item from the Consent Calendar for discussion.

Thom Mayer removed this item from the Consent Calendar for discussion.

That Council adopt the resolution.

Title of Resolution No. 149–99:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ESTABLISHING THE MONTAGUE EXPRESS CORRIDOR WIDENING PROJECT AS A PRIORITY OF THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM.

MILLER moved adoption of Resolution No. 149-99, seconded by FOWLER and carried by the following roll call vote:

AYES: WALKER, ROBERTS, VORREITER, VALERIO,

KAWCZYNSKI, FOWLER, MILLER

NOES: NONE

Councilmember Miller removed this item from the Consent Calendar for discussion.

Robert Walker, Director of Parks and Recreation, presented the staff report.

That Council approve the conceptual plan for construction of a storage barn facility on the City’s ten-acre "Orchard Heritage Park" site.

That Council authorize an increase in the amount of $1,000 to Councilmember Miller’s travel budget for FY 98/99.

That Council approve the special project for the purpose of protecting the City’s interest in the case of a foreclosure sale for 1159 Pome Avenue. Council approves Budget Modification Number 28 to implement the project.

RELATED PROPOSALS FOR THE OLSON CHERRY ORCHARD MIXED-USE PROJECT AT PROPERTY LOCATED AT SOUTHEAST CORNER OF MATHILDA AVENUE AND EL CAMINO REAL (IRVINE APARTMENT COMMUNITIES).

STAFF RECOMMENDATION

That Council adopt the resolutions and approve the Special Development Permit and Parcel Map subject to the Conditions of Approval.

David Boesch, Director of Community Development, and Gerri Caruso, Associate Planner, presented the staff report. Trudi Ryan, Planning Officer as also available to answer questions.

Councilmember Walker requested a Council Study Issue on Topiary.

The public hearing was declared open at 08:54 p.m.

Mr. Mayer spoke on secure bicycle parking for the development.

Carol Irving

Ms. Irving spoke on the type of trees planned for the new development. She expressed concerns over Palm and Olive trees and recommended Oak, Magnolia or Camphor trees.

Ed Moore

Mr. Moore stated that he supports the project but expressed concerns over building heights, commercial buildings and parking. He recommended exchanging city owned land for a memorial cherry orchard and cherry stand and commented on the definition of art.

Ms. Barrett opposes the number of apartments planned in the new development and prefers homes be built at the location. She stated that the Heritage Preservation Committee did not unanimously approve the planned development. She opposes the cherry stand and urged Council to deny the project.

The public hearing was declared closed at 10:39 p.m.

Title of Resolution No. 150–99:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE OLSON CHERRY ORCHARD MIXED USE PROJECT, MAKING RELATED FINDINGS INCLUDING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING PROGRAM.

ROBERTS moved adoption of Resolution No. 150-99, seconded by WALKER and carried by the following roll call vote:

AYES: WALKER, ROBERTS, VORREITER, VALERIO,

KAWCZYNSKI, FOWLER, MILLER

NOES: NONE

ABSENT: NONE

Title of Resolution No. 151–99:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE PRECISE PLAN FOR EL CAMINO REAL OPPORTUNITY AREA FOUR A.

ROBERTS moved adoption of Resolution No. 151-99, seconded by VORREITER and carried by the following roll call vote:

AYES: ROBERTS, VORREITER, VALERIO, FOWLER

MILLER

NOES: WALKER, KAWCZYNSKI

ABSENT: NONE

Title of Resolution No. 152–99:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE FOR ANNEXATION OF THE AREA DESIGNATED DE ANZA 96-1 (OLSON ORCHARD ADJACENT TO MATHILDA AVENUE).

ROBERTS moved adoption of Resolution No. 152-99, seconded by WALKER and carried by the following roll call vote:

AYES: WALKER, ROBERTS, VORREITER, VALERIO,

KAWCZYNSKI, FOWLER, MILLER

NOES: NONE

ABSENT: NONE

Title of Resolution No. 153–99.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE GRANTING TENTATIVE APPROVAL OF AGRICULTURAL LAND CONSERVATION CONTRACT ("WILLIAMSON ACT") CANCELLATION FOR CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF MATHILDA AVENUE AND EL CAMINO REAL.

ROBERTS moved adoption of Resolution No. 153-99, seconded by MILLER and carried by the following roll call vote:

AYES: WALKER, ROBERTS, VORREITER, VALERIO,

KAWCZYNSKI, FOWLER, MILLER

NOES: NONE

ABSENT: NONE

ROBERTS moved approval of the Special Development Permit subject to modification to the Conditions of Approval to include the following: Attachment 2 page 4, 2b. Allow a minimum cherry stand setback from El Camino Real of 3.6 feet.; 3a. Business hours for the corner restaurant shall be limited to 7:00 a.m. to 1:00 a.m.; Landscape and Master Signage return to the Planning Commission for review and Bicycle Parking Plan to the Bicycle Advisory Committee for advisory review, seconded by WALKER and carried with KAWCZYNSKI dissenting.

ROBERTS moved approval of the Parcel Map, seconded by FOWLER and carried with unanimously.

That Council adopt the proposed ordinance.

Dyane Matas, Housing Officer, presented the staff report. Douglas Spinelli, Sr. Neighborhood Specialist was also available to answer questions.

Councilmember Walker requested the timeframe for completion of the policy for City Workers use of noise equipment.

The public hearing was declared open at 11:35 p.m.

Mr. Lincoln stated he supports banning the use of leaf blowers on Sunday and recommended uniformity of hours of use with other communities.

The public hearing was declared closed at 11:38 p.m.

Title of Ordinance No. 2608 –99:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING SECTION 19.24.020 OF THE SUNNYVALE MUNICIPAL CODE CONCERNING NOISE OR SOUND LEVEL.

MILLER moved adoption of Ordinance No. 2608-99, seconded by FOWLER and carried by the following roll call vote:

AYES: WALKER, ROBERTS, VORREITER, VALERIO,

FOWLER, MILLER

NOES: KAWCZYNSKI

That Council direct staff to continue to work with the residents without exploring Stage 2 actions. This would include continued enforcement and deployment of the radar speed trailer by Public Safety.

Ray Williamson, Traffic Engineer, presented the staff report.

The public hearing was declared open at 12:08 a.m.

Gene Gilman, Vice President, Sunset Oaks Homeowners Assoc.

Mr. Gilman spoke representing residents who signed a petition for a traffic study at Picasso Drive, Michelangelo Drive and Crescent Avenue. He addressed increased traffic in the area, feels more studies are needed to consider traffic calming ideas.

The public hearing was declared closed at 12:19 p.m.

That Council deny the appeal and uphold the Planning Commission decision to affirm the Mitigated Negative Declaration and approve the Special Development Permit.

David Boesch, Director of Community Development, and Dana Sonenberg-Wolfe, Project Planner, presented the staff report. Trudi Ryan, Planning Officer, was also available to answer questions.

The public hearing was declared open at 12:45 a.m.

Mr. Demmon is the property owner/developer, is excited about the project, feels it will enhance the downtown area and urged Council approval.

Mr. Eyring expressed concerns over possible graffiti on wall adjacent to the railroad tracks, irrigation for plants, setbacks, pedestrian safety, air conditioning chemicals, noise, traffic and that only four 3-bedroom units are planned for the project.

The public hearing was declared closed at 1:00 a.m.

That Council adopt notification for residential tenants only (Planning Commission Recommendation).

Trudi Ryan, Planning Officer, presented the staff report.

The public hearing was declared opened and closed at 1:10 a.m.

That Council authorize staff to use public education and outreach methods to encourage the use of reusable diapers.

Mark Bowers, Solid Waste Program Manager, presented the staff report.

The public hearing was declared open and closed at 1:16 a.m.

That Council adopt the resolution.

Mary Bradley, Finance Director, presented the staff report.

The public hearing was declared opened and closed at 1:20 a.m.

Title of Resolution No. 154–99:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE PROVIDING FOR THE COLLECTION OF SEWER SERVICE CHARGES ON PROPERTY OUTSIDE THE CITY FOR FISCAL YEAR 1999/2000.

FOWLER moved adoption of Resolution No. 154-99, seconded by VORREITER and carried by the following roll call vote:

AYES: WALKER, ROBERTS, VORREITER, VALERIO,

KAWCZYNSKI, FOWLER, MILLER

NOES: NONE

That Council review the agenda and appeal an application where appropriate.

PRE-APPEAL OF THE ADMINISTRATIVE HEARING AGENDA OF JUNE 16, 1999.

STAFF RECOMMENDATION

That Council review the agenda and appeal an application where appropriate.

Councilmember Miller commented on item 5. LP Properties. She believes that Council previously suggested the word "coffee" should not be included.

David Boesch, Director of Community Development, stated that if the item has not been noticed, the title of the application would be changed to respond to Councilmembers concern.