The salute to the flag was led by Mayor Vorreiter.

Mayor Vorreiter presented the Recognition of City Year, which is an Americorp-sponsored service and leadership organization which works in collaboration with the Columbia Neighborhood Center and the Sunnyvale School District to provide mentoring, tutoring and activities for the students and families of the Columbia community. In addition to providing 5,200 hours of service to the school and community this year, the Corps members ran an adventure week, the culmination of which was the painting of a mural on a local Sunnyvale market which has been plagued with gang graffiti. The Mayor thanked Rocio Abundis-Rodriguez, Administrative Services Manager at Columbia Neighborhood Center, Coleen Sullivan, City Year Liaison, and Corps members Tina Mendoza, Michael Tully, Erika Chavez, Leslie Lowe, Jennifer Lee, Kenneth Smith, James Jung and Miles Sedgwick for their commitment to making the program a success.

Cheryl Bissey of the Chamber of Commerce announced the upcoming annual Art and Wine Festival in Downtown Sunnyvale on June 3 and 4. The festivities will include several artists, music, and a variety of foods.

Councilmember Valerio announced that the 2000 Citizens’ Opinion Survey has been mailed to randomly selected residents. He encouraged residents to complete the survey in order to let the City know of critical issues and how City services can best meet the needs of the community.

Councilmember Valerio also announced that the State of the City event will be rebroadcast on KSUN, Channel 18 on the following dates and times: Friday, May 26; Sunday, May 28; Monday, May 29; Thursday, June 1; Friday, June 2; and Saturday, June 3, with all showings at 8:00 p.m.

Councilmember Miller announced that the Bay Area Sports Organizing Committee (BASOC) has been formed and is putting in a bid for the Olympic Games in the Bay Area for 2012. She then requested the Mayor to submit a letter of endorsement on behalf of the City.

Jennifer Luciano of the Second Harvest Foodbank explained the role of the organization in collecting, distributing and providing food to those in need. Food comes from food drives, restaurants, the USDA and FEMA, and serves a tremendous need in Santa Clara and San Mateo counties. The organization depends on volunteers and individuals may contact Second Harvest at (800) 870-3663 if they are interested in volunteering.

Councilmember Risch requested the removal of Item 1.A. from the Consent Calendar. Vice Mayor Walker moved, and Councilmember Miller seconded, approval of the Consent Calendar, with the exception of Item 1.A. The motion carried unanimously.

Councilmember Risch requested an amendment to add a sentence on page 4, Item 1.D. (Adoption of a Resolution Approving a Local Agency-State Agreement for Transportation Project Funding and Award of a Supplemental Contract for Environmental and Design Services for the Wolfe Road/El Camino Real Intersection Improvement Project), to reflect that "Director Rose indicated that bicycle safety aspects would be included in the project."

Mayor Vorreiter opened and closed the public hearing at 7:52 p.m.

Councilmember Risch moved, and Councilmember Miller seconded, approval of the minutes as amended. The motion carried unanimously.

The ordinance was adopted by the following roll call vote:

Mary Bradley presented the staff report and responded to Council questions. Assistant Director of Public Works/City Engineer Dettle and City Attorney Armento also responded to Council questions.

Mayor Vorreiter opened the public hearing at 8:07 p.m.

Venkat Jangity, property owner in the subject district, posed questions on the affect of the project on insurance requirements.

Tom Smets, property owner on Hollenbeck stated that he would underground his portion of the utilities, but that he was not in favor of a complete utility underground.

Dahl Phelps stated that it was her understanding that high tension wires will remain in the back of certain properties even though the utilities are underground.

Rebecca Bond, property owner on Hollenbeck, stated her support of the improvements project.

Molly Clogg, property owner on Hollenbeck, stated her support of the improvements project.

Paul Chen stated that he just purchased a home on Hollenbeck and that he was in favor of the improvements project.

Fu-Mei Loh, owner of vacant lot in the district, stated her support of the improvements project.

Mayor Vorreiter closed the public hearing at 8:24 p.m.

Vice Mayor Walker moved, and Councilmember Fowler seconded, approval of the staff recommendation to proceed toward implementation of the Assessment District through (1) adoption of the resolution; (2) review and approval of the Preliminary Engineer’s Report; (3) setting July 18, 2000 as the date for the public hearing on formation of the Assessment District; and (4) direction to staff to mail notices of the public hearing and ballots to Conway Road property owners.

Resolution No. 148-00: A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE TO INITIATE PROCEEDINGS FOR FORMATION OF THE CONWAY ROAD IMPROVEMENT PROJECT AND ACCEPTING AND APPROVING PRELIMINARY ENGINEER’S REPORT

The motion carried unanimously.

Associate Planner Wolfe presented the staff report and responded to Council questions. Planning Officer Ryan also responded to Council questions.

Mayor Vorreiter opened the public hearing at 8:50 p.m.

Audrey Butcher, owner of "Butcher’s Corner" property, requested that her property not be annexed, and stated her objections to rezoning the property to a higher density.

Dahl Phelps stated the areas where single family homes were located in Areas 8 and 10.

Charlie White, resident of The Terraces on El Camino in Area 10, spoke in opposition to lowering housing densities.

Constantino Karkanemis, owner of property at corner of Wolfe and El Camino, asked for the affect of the new zoning on his property.

Suzi Blackman, President/CEO, Chamber of Commerce, stated that the Chamber was opposed to rezoning at this time, and preferred that discussions of rezoning take place when the housing subelement is studied.

Victor Valomo, owner of St. Francis Arms, spoke in support of retaining the current zoning of his property.

Margaret Jungling, President of the Gavello Glen Homeowners Association, stated that their board met and took positions in support of the staff recommendation and in opposition to an increase in density.

Mayor Vorreiter closed the public hearing at 9:08 p.m.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE PRECISE ZONING PLAN, ZONING DISTRICTS MAP, TO REZONE CERTAIN PROPERTY LOCATED AT 598, 584 AND 568 SOUTH MATHILDA AVENUE AND 333 AND 303 WEST EL CAMINO REAL FROM R-4/O-PD (HIGH DENSITY RESIDENTIAL/ADMINISTRATIVE-PROFESSIONAL OFFICE/PLANNED DEVELOPMENT) DISTRICT TO O-PD (ADMINISTRATIVE-PROFESSIONAL OFFICE/PLANNED DEVELOPMENT) DISTRICT

Vice Mayor Walker moved, and Councilmember Roberts seconded, first reading of the ordinance for Area 7, and to maintain the remainder of Area 7 properties within the R-4/O-PD Zoning District.

Councilmember Fowler requested a friendly amendment to rezone lots that front to Mathilda Avenue to small office area (O-PD).

Vice Mayor Walker did not accept the friendly amendment.

Councilmember Fowler offered a substitute motion, seconded by Vice Mayor Walker, to hold first reading of the ordinance for Area 7, and to maintain the remainder of Area 7 properties within the R-4/O-PD Zoning District, with an amendment to rezone lots that front to Mathilda Avenue to small office area (O-PD) (6 parcels).

The substitute motion failed by the following roll call vote:

The main motion to hold first reading of the ordinance for Area 7, and to maintain the remainder of Area 7 properties within the R-4/O-PD Zoning District carried unanimously.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE PRECISE ZONING PLAN, ZONING DISTRICTS MAP, TO REZONE CERTAIN PROPERTY LOCATED AT 590 OLD SAN FRANCISCO ROAD FROM R-4/PD (HIGH DENSITY RESIDENTIAL/PLANNED DEVELOPMENT) DISTRICT TO C-1/PD (NEIGHBORHOOD BUSINESS/PLANNED DEVELOPMENT) DISTRICT

Vice Mayor Walker moved, and Councilmember Roberts seconded, first reading of the ordinance for Area 8, and to maintain all other Area 8 properties in the R-4 and R-4/PD Zoning Districts. The motion carried unanimously.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE PRECISE ZONING PLAN, ZONING DISTRICTS MAP, TO REZONE CERTAIN PROPERTY LOCATED AT 895 EAST FREMONT AVENUE FROM R-4/PD (HIGH DENSITY RESIDENTIAL/PLANNED DEVELOPMENT) DISTRICT TO C-1/PD (NEIGHBORHOOD BUSINESS/PLANNED DEVELOPMENT) DISTRICT

Vice Mayor Walker moved, and Councilmember Risch seconded, first reading of the ordinance for Area 10, and to maintain all other Area 10 properties in the R-4 and R-4/PD Zoning Districts, as amended to rezone the orchards at the corner of El Camino at Wolfe and Fremont ("Butcher’s Corner") down to R-3. The motion carried by the following roll call vote:

Administrative Services Director Balbo presented the staff report and responded to Council questions.

Mayor Vorreiter opened and closed the public hearing at 9:25 p.m.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE FIXING AND LEVYING AD VALOREM ASSESSMENTS FOR FISCAL YEAR 2000-2001 ON ALL LAND AND IMPROVEMENTS WITHIN THE DOWNTOWN PARKING MAINTENANCE DISTRICT

Councilmember Miller moved, and Councilmember Valerio seconded, first reading of the ordinance. The motion carried unanimously.

City Attorney Armento stated that this ordinance would take effect upon adoption pursuant to the City Charter.

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

Mayor Vorreiter opened the public hearing at 9:33 p.m.

Phil Sims, representing A.P. Construction, explained the process of bidding the project, and requested a substitution of Viper Mechanical as subcontractor for listed subcontractor, ABC Mechanical. He also explained A.P.’s attempts to contact ABC Mechanical.

City Attorney Armento addressed Council questions.

Randy McCune, General Manager, A.P. Construction, explained the bidding process and the errors made, and the contacts made with ABC Mechanical.

Joe Harris, representing ABC Mechanical, requested that the request for substitution be denied and stated that his client is willing and able to perform the job at the bid amount originally submitted by ABC.

Susan Cabaneck, attorney with Sims and Layton, representing A.P. Construction, explained their attempts to contact ABC and the response received regarding a negotiated settlement.

Brian Ellsby, owner of ABC Mechanical, explained how he bid the job, and stated that he is willing and able to perform the work.

Mayor Vorreiter closed the public hearing at 10:50 p.m.

Councilmember Miller moved, and Councilmember Risch seconded, to allow the subcontractor listed in the bid, ABC Mechanical, to perform the work. The motion carried unanimously.

Public Safety Operations Manager Tannehill presented the staff report and responded to Council questions.

Mayor Vorreiter opened the public hearing at 10:51 p.m.

Alex Burline, attorney representing Yellow Cab Company, thanked staff for their assistance in processing the permit, explained the franchise renewal, and spoke in support of the franchise.

Mayor Vorreiter closed the public hearing at 10:55 p.m.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AWARDING NONEXCLUSIVE FRANCHISE TO BIKRAM JEET SINGH, DOING BUSINESS AS YELLOW CAB CO. PENINSULA INC.

Councilmember Fowler moved, and Councilmember Valerio seconded, first reading of the ordinance awarding a non-exclusive franchise for taxicab service to Yellow Cab Co. Peninsula, Inc. for the period of July 6, 2000 through July 5, 2002, per applicant request, and to authorize the City Manager to execute necessary documents of agreement. The motion carried unanimously.

No action was taken on this item.

William Callahan spoke in opposition to the large home being constructed on Wright Avenue in the Eichler neighborhood, and showed photographs of the construction to the City Council. He further stated that the home was not within the design guidelines and that the permitting process was flawed and should be reconsidered.

Vice Mayor Walker stated that the guidelines did not have the force of law and that the Council understood the concerns of the neighbors. He also urged residents to participate during the study issue public hearings.

Councilmember Miller asked Community Development Director Boesch to comment on potential remedies.

Community Development Director Boesch explained the process for issuing the permit and explained the intent of the design guidelines. He also stated that staff is working with the contractor and builder to address concerns identified. He further explained that staff has instituted a process of sending courtesy notices to neighboring property owners and residents when applications are submitted for two-story home permits, and that staff is looking at advancing the study issue on this matter to an earlier date, although there may be consequences of decreasing the amount of time allotted to the study issue.

Mayor Vorreiter stated that she spoke with the new property owners and that they share an interest in privacy, that they are planning on planting dense, fast-growing trees, and that the room with the second-story bay window will have window coverings and will not be used frequently.

Norma Anderson stated that she was in appearance on behalf of her neighbor Mary Hayes who has hung sheets over her windows for privacy. She stated that the sidewalk had been blocked due to the construction, and that she is concerned with the first story windows which invade her privacy.

Dahl Phelps stated that homes should be thoroughly checked for gas leaks, and that gas leaks affected her neighborhood and she was not satisfied with the response she received from PG&E.

City Manager LaSala stated that he would have Public Works Director Rose coordinate with PG&E to ascertain their procedures, and that Mr. Rose would follow-up with Ms. Phelps.

Christina Erwin stated that the home was too large for the lot, that she was concerned with fire safety, and that the chimney is out farther than the fence line. She also asked if the windows could be modified at this point.

Community Development Director Boesch stated that he would explore the window change with the new owner and see what is possible.

Lou Wertz stated that the large home was out of character with the design guidelines, and requested that some of the design guidelines be given the force of law.

Community Development Director Boesch explained the process of the study sessions on this item and the pending study issue. He stated that included in the work plan is an intensive public outreach effort and a community survey, and that the item is currently scheduled for a second study session in August.

Nadie Lambert stated that she wants to see the neighborhood kept the way it is, and that she is not in favor of large homes.

Chris Rosenthal showed a video of car carriers unloading cars at a dealership near his home and requested assistance with enforcing any code violations taking place.

City Manager LaSala stated that Code Enforcement and Public Safety will be given the videotape and that they will follow up with Mr. Rosenthal.

Mayor Vorreiter stated that staff would be getting back to Mr. Rosenthal and the Council on this matter.

Jane McMills spoke in favor of preserving the Eichler neighborhoods and stated that she was against the building of large homes out of character with the neighborhood.

Councilmember Fowler suggested to agendize for the next meeting an item to consider instituting a moratorium on new two-story construction and new two-story additions in Eichler neighborhoods where window placement will result in direct sight lines into adjoining backyards and dwelling places.

City Attorney Armento requested clarification of Council direction.

Councilmember Miller moved to agendize the matter for formal discussion at the meeting of June 6, 2000 and direct the City Attorney to bring procedures to the Council for action at that time.

City Attorney Armento explained the potential options for bringing this item back for discussion and/or Council action.

Councilmember Fowler repeated his previous request as a formal motion, which was seconded by Councilmember Miller.

Vice Mayor Walker requested a friendly amendment to direct staff to provide a variety of potential moratoriums and directions, including options for approaches to the issue.

Councilmember Fowler clarified his motion, incorporating Vice Mayor Walker’s friendly amendment as follows: direct staff to come back to the Council with suggested wordings for a moratorium that would cover issues including but not limited to new two-story construction and second-story additions in single-story neighborhoods where window placement would result in direct sight lines into adjoining backyards, properties, or dwelling places. As the seconder of the motion, Councilmember Miller accepted the amended motion.

The motion failed by the following roll call vote:

Cecilia Compachero asked whether a proposed building that did not meet the design guidelines could go before Planning Commission for review.

Community Development Director Boesch stated that he was not sure if that could be done.

Councilmember Miller stated that it was recently suggested that she be nominated to represent Sunnyvale by serving on the Water Transit Authority’s newly-created Community Advisory Committee.

Mayor Vorreiter stated that she would be happy to provide a letter of nomination for Councilmember Miller.

Community Development Director Boesch stated that the Council and staff had been receiving a number of public inquiries regarding recent increases in rents. He stated that staff contacted Project Sentinel and that they responded that this is an area-wide phenomenon due to housing market demand and the economy.

Mayor Vorreiter declared the meeting adjourned at 12:45 a.m.

Respectfully submitted,

Linda Kelly
Senior Management Analyst/
Deputy City Clerk