The salute to the flag was led by Vice Mayor Walker.

Suzi Blackman, President/CEO of the Chamber of Commerce, announced that the Art and Wine Festival was very successful, and thanked the Council for its support. She also announced a new Mid-Week Market, Music, and Madness event to be held in the downtown area on Murphy and Washington starting July 12, from 4:00 p.m. to 8:00 p.m.

Sharon Crider, Sunnyvale Kiwanis Club, introduced Sunnyvale’s High School Senior of the Year, Emily Mallentine, and presented her with a $1,000 award from the Sunnyvale Kiwanis Club.

Councilmember Risch stated that the City was monitoring the Federal Aviation Administration’s proposal to re-route flights over Sunnyvale and has submitted formal comments for the record. He also reminded residents that the deadline to submit comments on this issue is July 7. All comments should be sent to Parsons, 233 Watt Avenue, Suite 330, Sacramento, 95825.

He then announced the City’s annual 4^th of July festivities to be held at Baylands Park, from 11:00 a.m. to 5:00 p.m.. The celebration will include an official public birthday party in honor of the Department of Public Safety’s 50^th Anniversary.

Councilmember Miller requested the removal of Items 1.D. and 1.O. from the Consent Calendar. Councilmember Risch requested the removal of Item 1.R. from the Consent Calendar. Councilmember Miller moved, and Councilmember Roberts seconded, approval of the Consent Calendar, with the exception of items 1.D., 1.O., and 1.R. The motion carried unanimously.

The ordinance was adopted by the following roll call vote:

Public Works Director Rose presented the staff report.

Vice Mayor Walker opened and closed the public hearing at 7:41 p.m.

Councilmember Miller moved, and Councilmember Roberts seconded, adoption of the resolution. The motion carried unanimously.

Vice Mayor Walker opened and closed the public hearing at 7:49 p.m.

Councilmember Fowler moved, and Councilmember Risch seconded, adoption of the resolution. The motion carried unanimously.

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

Councilmember Risch moved, and Councilmember Valerio seconded, adoption of the resolution. The motion carried unanimously.

City Manager LaSala introduced the budget items.

Finance Director Bradley presented the staff report and responded to Council questions. The public hearing on this item was held on June 6, 2000.

Councilmember Valerio moved, and Councilmember Fowler seconded, adoption of the resolution. The motion carried unanimously.

Resolution No. 162-00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE FIXING AND ESTABLISHING FEES, RATES, AND CHARGES FOR GOODS AND SERVICES PROVIDED BY THE CITY OF SUNNYVALE

Councilmember Valerio moved, and Councilmember Roberts seconded, adoption of the resolution.

Councilmember Fowler requested a friendly amendment to approve Budget Supplement No. 3 for the Fremont Pool Construction and Operation, endorse and authorize the City Manager to enter into a joint use agreement with the Fremont High School District to construct and operate the pool. The friendly amendment was accepted by Councilmember Valerio (the maker of the motion) and Councilmember Roberts (the seconder of the motion).

Councilmember Risch stated that due to concerns over unlimited liability and potential cost escalation, he requested a friendly amendment to place a cap on the City’s contribution to the Fremont Pool project at up to $1.6 million. The friendly amendment was not accepted by Councilmember Valerio.

Councilmember Risch then made a formal amendment (substitute motion) to cap the City’s contribution to the Fremont Pool project at $1.6 million. The substitute motion died for lack of a second.

Councilmember Risch requested a friendly amendment to institute a policy that until that time that the $1 million mark in contributions from citizens is reached, that the City would work toward maximizing revenues, and this policy may include the potential of reducing some aquatic services in other pools if that could help maximize revenue for the benefit of the new pool. The friendly amendment was not accepted by Councilmember Valerio.

Parks and Recreation Director Walker provided clarification that services could be potentially moved from a current pool to the Fremont pool.

Councilmember Risch then made a formal amendment (substitute motion) to put forward his previously stated friendly amendment regarding maximizing revenues. The substitute motion died for lack of a second.

City Manager LaSala requested clarification on the motion regarding whether Council is also authorizing the reallocation of sufficient funds from the non-recurring events and fiscal uncertainties account to the leisure services fund and capital budget to implement the desired outcome.

Councilmember Valerio amended the main motion to include the City Manager’s clarification. The amendment was accepted by Councilmember Roberts.

Resolution No. 163-00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ADOPTING THE BUDGET OF THE CITY OF SUNNYVALE FOR THE FISCAL YEAR JULY 1, 2000 TO JUNE 30, 2001

The motion by Councilmember Valerio, seconded by Roberts, to adopt the budget resolution, with amendments to approve Budget Supplement No. 3 for the Fremont Pool Construction and Operation, endorse and authorize the City Manager to enter into a joint use agreement with the Fremont Union High School District to construct and operate the pool, and authorize the reallocation of funds from the non-recurring events and fiscal uncertainties account to the leisure services fund and capital budget to implement the desired outcome, carried unanimously.

Councilmember Valerio moved, and Councilmember Roberts seconded, adoption of the resolution. The motion carried unanimously.

Resolution No. 164-00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2000-2001 PURSUANT TO ARTICLE XIII-B OF THE CALIFORNIA CONSTITUTION

City Manager LaSala expressed appreciation to Finance Director Bradley and staff for their work on the budget.

Executive Assistant Chappelear presented the staff report and responded to Council questions. Ron Strochlic from Harder & Company Community Research also responded to questions.

Vice Mayor Walker opened the public hearing at 8:34 p.m.

Dahl Phelps asked questions regarding shelters for battered women and children.

Vice Mayor Walker closed the public hearing at 8:36 p.m.

Councilmember Roberts moved to accept the report and concur with its findings; direct staff to return to the Council by the end of the calendar year with specific recommendations and costs to address the findings, specifically with reference to expanded services for youth in the after school hours and on weekends, during breaks, and vacations; explore the concept of a teen center, partnerships with the school districts, and other steps the staff believes appropriate to meet the needs identified; to include specific input from youth of the groups the City hopes to serve and accept staff recommendation No. 3 to direct staff not to pursue violence in entertainment and impact on youth forum, and direct staff to explore an agency forum to distribute copies of the study followed by a community forum to review the study and determine commitment to solutions. The motion was seconded by Councilmember Fowler and carried unanimously.

City Manager LaSala introduced the item.

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

Councilmember Fowler requested a study issue for a central city call center. City Manager LaSala noted that staff already has this as an administrative priority so a legislative issue is not needed.

Vice Mayor Walker opened the public hearing at 9:47 p.m.

Bob Greene, President of Victory Village Neighborhood Association, stated his support for a more proactive approach which would take pressure off of neighbors. He also requested that the person making the complaint be informed of the outcome and stated that he was not in favor of the use of volunteers for code enforcement.

Chris Moylan stated that his wife runs the call center at Cisco and she just gave the City of San Jose a presentation on this concept, and she would probably be willing to give the same presentation to Sunnyvale.

Rick Flovin, Vice President of Lakewood Village Neighborhood Association, stated that fines should be levied and not waived, and that the biggest issue was chronic violators.

Dahl Phelps related an incident with a motorcycle rider and stated that public safety officers who live in a neighborhood should not have to be responsible for what happens in that neighborhood.

Thom Mayer stated that the report was an excellent first step, and that he was concerned with tickets that were rescinded. He also stated concerns with a person running a tow truck business out of a home, and various problems with vehicles.

Craig Crawford of Lakewood Village stated his support for a proactive approach, that more staffing was needed, and that conversion of buildings in Lakewood Village was a problem.

Michael Jenesse, President, Lakewood Village Neighborhood Association, stated that increased staffing would help, that he was in favor of an appeals process, and that the proposal is a good first step in the process of addressing the problems.

Vice Mayor Walker closed the public hearing at 10:22 p.m.

Councilmember Miller moved to approve alternatives 1 and 2 in the staff report: (1) approve the program in concept with specific guidance on areas of particular interest and/or concern that require additional research; and (2) direct staff to solicit feedback on the report and input from neighborhood associations and the Planning Commission and Housing and Human Services Commission, with an amendment to accelerate the work plan calendar in the report to move the up the supplemental funding item. She also clarified that all 10 items in the report were to be priorities and that traffic calming issues should be handled by Public Works and/or Public Safety. The motion was seconded by Councilmember Valerio.

City Manager LaSala clarified the process of prioritizing funding, study issues, and budget modifications.

Councilmember Fowler requested a friendly amendment to set priorities for code enforcement by dividing them into three levels as follows:

• Repeat offenders
• Vehicle problems
• Illegal businesses

• Property alteration
• Car tents
• Property maintenance
• Excessive front yard paving
• Special needs

• Traffic calming
• Shopping carts

Councilmember Miller requested that shopping carts be moved to the second priority. Councilmember Fowler accepted the request and altered his friendly amendment to that effect. Councilmember Miller accepted the friendly amendment.

Councilmember Fowler requested that information regarding neighborhood input on priorities be provided to Council.

Community Development Director Boesch stated that this information could be communicated back to Council after the neighborhood outreach takes place.

Councilmember Miller amended her motion to include a high priority on implementing our current code enforcement program including the issuance of fines, and clarified that fines should not be rescinded after they are issued.

Community Development Director Boesch offered to bring back additional information regarding the use of fines as part of the progressive compliance process.

Councilmember Valerio accepted the friendly amendment.

Councilmember Risch requested a friendly amendment that shopping carts be removed from the list because the proposed solution will not solve the problem, and that people need to be educated about not removing them.

Councilmember Miller did not accept the friendly amendment.

Councilmember Risch made a formal amendment (substitute motion) to remove shopping carts from the list of code enforcement priorities. The substitute motion died for lack of a second.

The motion to adopt alternatives 1 and 2 of the staff report as follows: (1) approve the program in concept with specific guidance on areas of particular interest and/or concern that require additional research; and (2) direct staff to solicit feedback on the report and input from neighborhood associations and the Planning Commission and Housing and Human Services Commission, with an amendment to accelerate the work plan calendar in the report, and to direct staff to work on the priorities as directed by Council, carried unanimously.

Code enforcement priorities as adopted by Council:

• Repeat offenders
• Vehicle problems
• Illegal businesses
• Levying fines as part of the enforcement of the current Municipal Code

• Property alteration
• Car tents
• Property maintenance
• Excessive front yard paving
• Special needs

• Shopping carts

• Traffic calming issues

Community Development Director Boesch presented the staff report.

Councilmember Valerio moved, and Councilmember Fowler seconded, adoption of the ordinance.

Ordinance No. 2642-00: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE APPROVING AND ADOPTING THE DEVELOPMENT AGREEMENT BETWEEN MURPHY SQUARE, A CALIFORNIA LIMITED PARTNERSHIP, AND THE CITY OF SUNNYVALE

The ordinance was adopted by the following roll call vote:

Community Development Director Boesch responded to Council questions.

No action was taken on this item.

There were no citizens to be heard.

Councilmember Valerio announced that Sam Scott, reporter for the Sun, will be leaving the newspaper to pursue his education in Chicago.

Councilmember Risch asked for the procedure for a neighborhood to request a traffic calming study.

City Manager LaSala stated that the request could be made through the Office of the City Manager or through Public Works.

There were no comments from staff.

Vice Mayor Walker declared the meeting adjourned to the Redevelopment Agency at 10:47 p.m.

Respectfully submitted,

Linda Kelly
Senior Management Analyst/
Deputy City Clerk