The City Council of the City of Sunnyvale adjourned from a 6:00 p.m. Closed Session regarding Litigation – Phillips v. City of Sunnyvale, and a 6:30 p.m. Study Session regarding Citywide Survey Results 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.

Mayor Vorreiter recognized the 15^th Annual Hands on the Arts Celebration, which was held on May 20, and presented the following award winners with certificates: Meenu Krishasamy (preschool); Varun Angajala (K-1^st grade); Katie Caldwell (2^nd-3^rd grade); Lauren Buerki (4^th-5^th grade); Nicole Cooper (6^th-8^th grade); and the Grand Prize Winner, Christina Greever.

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

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
Shawn Hernandez, Information Technology Director
Mark Dettle, Assistant Director of Public Works
Katherine Chappelear, Executive Assistant
Jack Witthaus, Senior Transportation Planner
Dana Sonenberg Wolfe, Associate Planner
Dan Rich, Assistant to the City Manager
Linda Kelly, Sr. Management Analyst/Deputy City Clerk

Joe Antuzzi, representing Sunnyvale Downtown Association, reminded everyone of the new Mid-Week Market, Music, and Madness event, which starts tomorrow and will be held in the downtown every Wednesday from 4:00-8:00 p.m.

Vice Mayor Walker announced that NASA officials are holding public scoping meetings on the environmental review process for the development plan for the Ames Research Park/Moffett Field complex. Interested community members are invited to attend a meeting this Thursday, July 13, from 7:30-9:30 p.m. in the Council Chambers.

Jan Camp of the Sunnyvale Historical Society announced that an event celebrating the 25^th anniversary of the Historical Society Museum will be held on Sunday, July 23^rd from 2:00-4:00 p.m. in Murphy Park.

Joe Gutierrez of the Orchard Heritage Preservation Interpretative Exhibit (OHPIE) Alliance stated that the Alliance is prepared to build all phases of the exhibit, and thanked everyone who came to the groundbreaking.

Vice Mayor Walker moved, and Councilmember Roberts seconded, approval of the Minutes of June 20, 2000. The motion carried with Mayor Vorreiter abstaining, as she was not in attendance at the meeting of June 20, 2000.

Vice Mayor Walker moved, and Councilmember Valerio seconded, approval of the remainder of the Consent Calendar. The motion carried unanimously.

Mayor Vorreiter declared the item continued indefinitely.

Finance Director Bradley presented the staff report and responded to Council questions. Robert Reynolds of Reynolds Associates also responded to Council questions.

Mayor Vorreiter opened the public hearing at 7:57 p.m.

Dahl Phelps asked if the rate increase applied to people who utilize electric equipment in their homes due to health reasons.

Finance Director Bradley referred Ms. Phelps to PG&E’s lifeline program.

Werner Gans complimented staff on the use of graphics in the presentation and inquired if the rate decreases planned for 2002 were assured.

Mayor Vorreiter closed the public hearing at 8:04 p.m.

AN ORDINANCE OF THE CITY OF SUNNYVALE AMENDING THE SUNNYVALE MUNICIPAL CODE TO AUTHORIZE AN INCREASE TO THE UTILITY USERS TAX RATE

Councilmember Roberts moved, and Councilmember Fowler seconded, first reading of the ordinance. The motion carried unanimously.

Executive Assistant Chappelear presented the staff report and responded to Council questions. Information Technology Director Hernandez also responded to Council questions.

Councilmember Risch requested that staff provide Council a report on the timeline for legal actions regarding TCI and AT&T contractual obligations.

In response to a request from Councilmember Risch, City Manager LaSala stated that staff would also provide the Council with information on plans for optimizing programming time.

Vice Mayor Walker requested that this issue come before the Technology Subcommittee.

Mayor Vorreiter opened the public hearing at 8:40 p.m.

Carl Yeager stated that the policy should not be limited to four producers per year, that criteria for the success of shows needed to be developed, and that there has not been an amicable relationship between those seeking public access and City staff.

Steve Chessin, Producer, Democratic Television, spoke in support of the pilot program, and stated that it was a good first step even though his show would be excluded from airing in Sunnyvale. He also stated that he felt there was a lack of knowledge or bias of staff.

Mayor Vorreiter closed the public hearing at 8:54 p.m.

Vice Mayor Walker moved, and Councilmember Risch seconded, to approve alternative No. 4 in the staff report, to continue Council’s "one-time exception" to the "no operating costs" position related to cable public access, and direct staff to pursue a one-year pilot program to air existing public access programming on the City’s Government Access Channel 18, as stipulated in the report, and that at the end of FY 2000/2001, staff will return to Council with findings and recommendations regarding costs and impact on existing operations. The motion carried unanimously.

SPECIAL PRESENTATION (Scheduled for earlier in the meeting; presenter arrived late)

Carl Guardino, President/CEO of Silicon Valley Manufacturing Group, presented reasons why the County Transportation Sales Tax should be placed on the ballot this November.

Andy Chow of the Bay Area Transportation and Land Use Coalition refuted the arguments put forth by Mr. Guardino.

Associate Planner Wolfe presented the staff report and responded to Council questions. Sr. Transportation Planner Witthaus responded to questions regarding traffic impacts.

Mayor Vorreiter opened the public hearing at 9:50 p.m.

Todd Regonini, Regis Homes of Foster City, the applicant, spoke in favor of the project.

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

Carl Guardino, President/CEO of Silicon Valley Manufacturing Group, spoke in support of the project.

Kathy Thibodeaux, CEO, Tri-County Apartment Association, spoke in support of the project.

Mayor Vorreiter closed the public hearing at 10:05 p.m.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING PRECISE ZONING PLAN, ZONING DISTRICTS MAP, TO REZONE CERTAIN PROPERTY LOCATED AT 113 SOUTH MARY AVENUE FROM R-3 (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO R-3/PD (MEDIUM DENSITY RESIDENTIAL/PLANNED DEVELOPMENT) DISTRICT

Vice Mayor Walker moved, and Councilmember Risch seconded, first reading of the ordinance, affirmation of the Mitigated Negative Declaration, and approval of the Rezone and Special Development Permit. The motion carried unanimously.

Assistant Director of Public Works Dettle presented the staff report.

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

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

Resolution No. 165-00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE VACATING A PORTION OF MCKINLEY AVENUE NO LONGER REQUIRED FOR STREET PURPOSES, IN CONJUNCTION WITH THE SUNNYVALE TOWN CENTER MALL MODIFICATIONS PROJECT

Public Safety Director Bakin presented the staff report and responded to Council questions.

Mayor Vorreiter opened and closed the public hearing at 10:20 p.m.

Councilmember Miller moved, and Councilmember Roberts seconded, approval of Sunnyvale’s participation in the Joint Exercise of Powers Agreement (JPA) by authorizing the City Manager to sign all related documents. The motion carried unanimously.

Senior Management Analyst/Deputy City Clerk Kelly presented the staff report.

City Manager LaSala responded to Council questions.

In response Councilmember Risch’s questions, Public Works Director Rose stated that he would provide further information to the Council regarding the timeline for the Engineering of a Borregas Avenue Bike Corridor project.

Mayor Vorreiter opened and closed the public hearing at 10:25 p.m.

Councilmember Valerio moved, and Councilmember Miller seconded, adoption of the updated calendar as presented. The motion carried unanimously.

Community Development Director Boesch presented the staff report.

Mayor Vorreiter opened and closed the public hearing at 10:27 p.m.

Vice Mayor Walker moved, and Councilmember Fowler seconded, adoption of the resolution. The motion carried unanimously.

Resolution No. 166-00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE DECLARING WEEDS TO BE A NUISANCE AND SETTING A PUBLIC HEARING FOR JULY 11, 2000

No action was taken on this item.

Heather Perlitch stated that she would not be present at next week’s meeting when the Appleseed Montessori proposal would be on the agenda, and she requested to submit her comments for the record at the present time. She then explained her proposals to mitigate the project and gave a list of suggestions to the Council. She also stated that the City should do more to promote communication between the applicant and the surrounding neighborhood on projects such as these.

Community Development Director Boesch stated that communication is encouraged in all instances.

Mayor Vorreiter requested that Ms. Perlitch’s letter be included in the Council packet for next week’s meeting.

In reference to the information only item on the Paperless Agenda Packet System, Councilmember Risch suggested that the Council laptops on the dais be fully utilized with Internet access.

Councilmember Miller stated that the Governor had signed the State’s budget, which included funding for Fremont Pool and the Bay Area Trail. She also announced the Air Board’s recent findings regarding the public’s response to Spare the Air Days in terms of a reduction in driving and use of gas powered lawn equipment. She also announced a customer service toll-free number, 817-1717, ext. 7, and their web site, www.sparetheair.org.

City Manager LaSala stated that funds have been released from Mello Roos Bonds to AMP for the parking garage at the Town Center Mall and that he will be providing a construction schedule to the Council. He also stated that staff would be providing an report updating the status of the Mozart Project.

Mayor Vorreiter declared the meeting adjourned at 10:44 p.m.

Respectfully submitted,

Linda Kelly
Senior Management Analyst/
Deputy City Clerk