The City Council of the City of Sunnyvale adjourned from a 6:30 p.m. Study Session regarding SCI³ Program Update (The Sunnyvale Center for Innovation, Invention and Ideas) and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California, at 7:30 p.m. with Mayor Vorreiter presiding.

The salute to the flag was led by Mayor Vorreiter.

PRESENT:

Mayor Pat Vorreiter
Vice Mayor Jack Walker
Councilmember Fred Fowler
Councilmember Manuel Valerio
Councilmember Julia Miller
Councilmember Tim Risch
Councilmember Jim Roberts

ABSENT: None

STAFF PRESENT:

Robert S. LaSala, City Manager
Amy Chan, Assistant City Manager
Valerie J. Armento, City Attorney
Mary Bradley, Finance Director
David Boesch, Community Development Director
Marvin Rose, Public Works Director
Trudi Ryan, Planning Officer
Suzanne Davis, Associate Planner
Raymond Williamson, Traffic Engineer
Daniel Rich, Assistant to the City Manager
Linda Kelly, Senior Management Analyst/Deputy City Clerk

Councilmember Risch announced that seven area cities--Sunnyvale, San Carlos, Palo Alto, Mountain View, Santa Clara, Fremont and Milpitas--recently received the 1999 Technology Achievement Award from Public Technology Inc. for introducing the "Smart Permit" system, which allows residents and others doing city business to apply for certain permits on-line.

Councilmember Risch further announced that an article in the March 2000 issue of Ladies Home Journal ranked Sunnyvale as the eighth "smartest city" in the United States, with reference to the percentage of residents with college degrees.

Mark O'Connor of El Camino Hospital presented the historical background of the hospital, the structure of the hospital district and its funding mechanisms. He explained how the hospital turned private and then returned to its publicly held position. He further described the implications of the Federal Balanced Budget Act of 1997 and its effect on hospitals. Current issues for the hospital were identified as recruitment and retention of staff, seismic update requirements, and the need for more awareness and participation from the residents of Sunnyvale.

Councilmember Risch requested that Item 1P be pulled from the Consent Calendar.

Councilmember Miller requested that Item 1J be pulled from the Consent Calendar.

Vice Mayor Walker moved, and Councilmember Valerio seconded, to approve the Consent Calendar as presented, with the exception of items 1J and 1P. The motion carried unanimously.

Councilmember Risch moved, and Vice Mayor Walker seconded, approval of the staff recommendation as amended as follows: (1) add the issue of "Design Guidelines for Large Homes and Non-Heritage Areas" to the Work Plan for the Housing and Human Services Commission; and (2) allow boards and commissions the opportunity to comment on their needs relative to use of the web prior to the consideration of the Council study issue, "Explore Options for Website for Boards and Commissions."

City Manager LaSala clarified that the study issue of "Design Guidelines for Large Homes and Non-Heritage Areas" was appropriately under the jurisdiction of the Planning Commission and that the Housing and Human Services Commission could be provided with a copy of the report addressing this matter at the time it is provided to the Planning Commission.

Mayor Vorreiter opened and closed the public hearing at 7:53 p.m.

The motion to approve the staff recommendation as amended as follows: (1) provide copy of the report to the Planning Commission regarding "Design Guidelines for Large Homes and Non-Heritage Areas" to Housing and Human Services Commission; and (2) allow boards and commissions the opportunity to comment on their needs relative to use of the web prior to the consideration of the Council study issue, "Explore Options for Website for Boards and Commissions," carried unanimously.

Public Works Director Rose presented the staff report and responded to Council questions.

Mayor Vorreiter opened and closed the public hearing at 7:56 p.m.

Councilmember Miller moved, and Vice Mayor Walker seconded, approval of the staff recommendation. The motion carried unanimously.

Finance Director Bradley and Consultant Paul Rosenstiel, Principal, E.J. De La Rosa & Co., presented the staff report and responded to Council questions.

Mayor Vorreiter opened the public hearing at 8:16 p.m.

Jerald Schutte, Principal, American Mall Properties (AMP), spoke in support of the staff recommendation and responded to Council questions.

Dahl Phelps spoke against bond issuance and asked questions regarding the project.

Mayor Vorreiter closed the public hearing at 8:21 p.m.

Vice Mayor Walker moved, and Councilmember Risch seconded, to:

1. Adopt the resolution as amended, adding the following to the end of the first sentence of Section 3 of the Resolution "…, nor shall the value of the real property that is subject to the special tax be less than two-and-one-half times the principal amount of the Bonds.";

Resolution No. 118-00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE RESCINDING RESOLUTION NO. 164-99 AND AUTHORIZING THE ISSUANCE AND SALE OF SPECIAL TAX BONDS, AND APPROVING AND AUTHORIZING RELATED DOCUMENTS AND ACTIONS

2. Agree to provide approximately $2.5 million of funding in the form of a reinvestment of the $1,495,000 from the land swap and the funds released from the COP debt service reserve fund; and
3. Authorize staff to negotiate a written agreement with AMP incorporating the safeguards described in the staff report and in the Summary of Terms (amended Summary as provided to the Council immediately prior to the Council meeting).

The motion carried unanimously.

Associate Planner Davis presented the staff report and responded to Council questions.

Planning Officer Ryan and City Attorney Armento responded to Council questions.

Traffic Engineer Williamson responded to questions regarding the traffic element.

Mayor Vorreiter opened the public hearing at 9:06 p.m.

Jay Paul of Jay Paul and Associates, the applicant, spoke in favor of the application.

Jim Lightbody of the Valley Transportation Authority (VTA) addressed the light rail aspect of the project.

Mike Rustinsky of Ariba, Inc. presented the corporation’s plan for use of the development.

Suzi Blackman, President/CEO, Sunnyvale Chamber of Commerce, spoke in favor of the project.

Werner Gans spoke in favor of the project and asked questions.

Thom Mayer stated concerns regarding bicycle access.

Shirley Rose, Chief of Logistics, Onizuka Air Station, described testing processes undertaken with the developer. He also introduced Colonel Richardson, Commander of the Air Station.

Mayor Vorreiter closed the public hearing at 10:04 p.m.

Vice Mayor Walker moved to affirm the Mitigated Negative Declaration and approve the use permit, subject to the conditions of approval in the attachment to the staff report, with the following amendments: (1) require applicant to provide a pedestrian and bicycle access plan for the site to allow access to buildings from the light rail station; and (2) require the applicant’s Transportation Demand Management (TDM) plan be rolled into a master TDM plan at a point in the future when the City adopts a plan for the area.

Councilmember Miller seconded the motion, and offered a friendly amendment as follows: require the applicant’s TDM plan to be consistent with other TDM plans of companies in North Moffett Park, at 18%.

The friendly amendment was not accepted by the maker of the motion (Vice Mayor Walker).

Councilmember Fowler offered a friendly amendment to delete references to a master TDM plan. The friendly amendment was seconded by Councilmember Roberts.

The friendly amendment was not accepted by the maker of the motion (Vice Mayor Walker).

Councilmember Fowler made a formal amendment (substitute motion), seconded by Councilmember Roberts, to affirm the Mitigated Negative Declaration and approve the use permit, subject to the conditions of approval in the attachment to the staff report, with an amendment requiring the applicant to provide a pedestrian and bicycle access plan for the site to allow access to buildings from the light rail station, deleting references to a master TDM plan. The substitute motion carried by the following roll call vote:

Mayor Vorreiter declared a recess at 10:16 p.m.

Mayor Vorreiter reconvened the meeting at 10:29 p.m.

Community Development Director Boesch presented the staff report and responded to Council questions.

Mayor Vorreiter opened the public hearing at 10:32 p.m.

The applicant, Berkeley Burbank, Project Manager, Catholic Charities Housing Development, addressed the Council.

Minka Van Der Zwaag, Member of Housing and Human Services Commission, stated that the Commission approved the project, and spoke in favor of the project.

Mayor Vorreiter closed the public hearing at 10:39 p.m.

Councilmember Valerio moved, and Councilmember Fowler seconded, to approve the staff recommendation to increase City support for the project with Budget Modification No. 25 for $525,000 in CDBG funds for the project. The motion carried unanimously.

Assistant to the City Manager Rich presented the staff report and responded to Council questions.

Mayor Vorreiter opened the public hearing at 10:46 p.m.

Thom Mayer urged the Council to oppose Proposition 22, "Limitation of Marriage."

John Wexler stated his opposition to the Council taking public positions on statewide propositions.

Mayor Vorreiter closed the public hearing at 10:56 p.m.

Councilmember Fowler removed Proposition 22 from the list of staff recommendations.

Councilmember Valerio removed Proposition 21 from the list of staff recommendations.

Vice Mayor Walker removed Proposition 19 from the list of staff recommendations.

Councilmember Roberts removed Propositions 14 and 15 from the list of staff recommendations.

Vice Mayor Walker moved, and Councilmember Valerio seconded, to approve the staff recommendations on statewide ballot measures, with the exception of Propositions 14, 15, 19, 21, and 22. The motion carried unanimously.

Councilmember Roberts moved, and Vice Mayor Walker seconded, to change the City Council’s position from "support" to "oppose" on Proposition 14, "California Reading and Literacy Improvement Public Library Construction and Renovation." The motion failed by the following roll call vote:

Vice Mayor Walker moved, and Councilmember Fowler seconded, to uphold the staff recommendation to support Proposition 14. The motion carried by the following roll call vote:

Councilmember Roberts moved, and Councilmember Valerio seconded, to change the City Council’s position from "support" to "oppose" on Proposition 15, "Hertzberg Polanco Crime Lab Construction Bond."

Following discussion, Councilmember Roberts withdrew his motion.

Councilmember Fowler moved, and Councilmember Valerio seconded, to uphold the staff recommendation to support Proposition 15. The motion carried by the following roll call vote:

Vice Mayor Walker moved, and Councilmember Roberts seconded, to uphold the staff recommendation to support Proposition 19, "Murder: BART/CSU Peace Officers." The motion carried unanimously.

Councilmember Valerio moved, and Councilmember Roberts seconded, to change the City Council’s position from "support" to "no position" on Proposition 21, "Juvenile Crime." The motion carried by the following roll call vote:

Councilmember Fowler moved, and Vice Mayor Walker seconded, to change the City Council’s position from "no position" to "oppose" on Proposition 22, "Limitation of Marriage." The motion failed by the following roll call vote:

Councilmember Valerio moved, and Councilmember Roberts seconded, to uphold the staff recommendation of "no position" on Proposition 22. The motion carried by the following roll call vote:

Community Development Director Boesch presented the staff report.

Mayor Vorreiter opened and closed the public hearing at 11:10 p.m.

Councilmember Fowler moved, and Councilmember Miller seconded, to adopt the resolution.

Resolution No. 119-00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ORDERING DESTRUCTION OF WEEDS

The motion carried unanimously.

No action was taken on this item.

There were no citizens requesting to speak.

Councilmember Valerio urged voters to exercise their right to vote in the Statewide Presidential Primary on Tuesday March 7, 2000, and spoke of the County Registrar’s critical need for poll workers. Interested individuals may contact the County at 299-2694.

Councilmember Fowler gave a progress report on the San Jose State University Collaborative for Disaster Mitigation (CDM). He then requested Council permission to use the CDM issue in its upcoming visit to officials in Washington D.C., and requested the Mayor to raise the issue in her visits with officials. He further requested the Council to reiterate its support for the CDM.

Mayor Vorreiter wished a Happy Birthday to Assistant City Manager Amy Chan.

Mayor Vorreiter declared the meeting adjourned at 11:15 p.m.

Respectfully submitted,

Linda Kelly
Senior Management Analyst
Deputy City Clerk