The salute to the flag was led by Mayor Vorreiter.

Councilmember Roberts made announcements on behalf of the City Council. He commended Christopher Kircher, whose Eagle Scout Court of Honor was held last Saturday. He further announced that the City recently was selected as an official Millennium Community by the White House Millennium Council, in recognition of our Celebrate 2000 activities. Furthermore, he announced that the Department of Public Safety is hosting National Night Out on Tuesday, August 1 from 7:00 – 10:00 p.m., whereby residents are encouraged to turn on their porch lights and join with Public Safety and neighbors to promote police-community partnerships; crime, drug, and violence prevention; safety; and neighborhood unity.

Julie Domini of the Pacific Autism Center for Education presented her organization’s mission and purpose, which is to provide assistance to people with autism and help them experience successful relationships and find appropriate educational and work opportunities. She stated that autism is a neurological disorder and that diagnoses have increased in recent years.

Finance Director Bradley requested that Item 1.C. be pulled from the Consent Calendar.

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

Vice Mayor Walker moved, and Councilmember Roberts seconded, approval of the Consent Calendar with the exception of items 1.C. and 1.D. The motion carried unanimously.

The ordinance was adopted by the following roll call vote:

Finance Director Bradley presented the staff report and stated that there may be a delay in PG&E’s ability to amend the small commercial section of their billing program to reflect the new rates.

Councilmember Miller asked if the City offered any rate discount programs for seniors, those on limited income, and disabled individuals.

Finance Director Bradley stated that PG&E has a lifeline program for individuals who meet certain criteria.

At the suggestion of Councilmember Risch, Councilmember Miller requested a study issue regarding a utility users tax discount for seniors, those on limited income, and disabled individuals.

Mayor Vorreiter opened the public hearing at 7:44 p.m.

Carol Eyring of PG&E stated that PG&E was working on addressing the problems with their utility billing program, and that at the present time their system could not accommodate different taxes to different rate schedules.

Finance Director Bradley stated that the City would work with PG&E to resolve the computer programming issue.

Mayor Vorreiter closed the public hearing at 7:50 p.m.

Councilmember Miller stated that the Council should not adopt the ordinance until the actual date of implementation by PG&E is known.

Vice Mayor Walker moved, and Councilmember Fowler seconded, adoption of the ordinance. The ordinance was adopted by the following roll call vote:

At the request of Councilmember Miller, Public Works Director Rose presented the staff report and responded to Council questions.

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

Councilmember Miller moved, and Councilmember Walker seconded, to approve and authorize the City Manager to execute the agreement with Pacific Gas & Electric for installation of electricity export equipment. The motion carried unanimously.

Principal Planner Price presented the staff report and responded to Council questions. Sr. Transportation Planner Witthaus responded to questions regarding traffic.

Principal Planner Price stated that due to an oversight by staff in the report, a condition of approval is missing, which should state that the landscaping canopy provide 50% coverage within 15 years so that shading is increased.

Mayor Vorreiter opened the public hearing at 8:25 p.m.

Applicants Diane Hsu, Alice Huang and Lynda Brown of Appleseed Montessori explained their project and the Montessori method of teaching.

Herb Bowen, of H.E. Bowen and Associates, Inc., addressed architectural issues.

Jane Bearstead, Traffic Engineer, addressed cars backing up and stacking distance.

Ron Adler stated that he opposes the project because of traffic concerns in the neighborhood, and the large number of children scheduled for care at the facility.

Andrew May spoke in favor of the project, and stated that the applicant has good intentions and residents have not attempted to work cooperatively with applicant.

Cathy Boissy stated that she lives across the street from the site and is in favor of the project.

Mei Wang spoke in favor of the project.

Kelsey Patterson stated that she was not opposed to the school but that she was concerned with traffic patterns and the location of the school in an R-1 zone.

Doug Gordon stated that he lives east of the property and that he would like to see a 10-foot wall between his property and the applicant’s. He also would like the wall to be placed against the culvert so that there is no separation between the applicant’s wall and his fence.

Dr. Mark Dorilag spoke in favor of the project.

Kindall Forrest read aloud a Mayoral proclamation regarding support of child care.

Pat Bean, Santa Clara County Child Care Coordinator, spoke in favor of the childcare center.

Bruce Paton spoke in favor of the project.

Philip Quaife spoke in favor of the project.

Joan Gordon stated that she preferred a 10-foot fence between her property and the applicant’s.

Michele Merwin spoke in favor of the project.

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

Mary Ann Lipsig stated that there is a need for good child care but that the project is too large for an R-1 zone, and she is opposed to the project.

Emil Chang spoke in support of the project.

Ray Kiddy asked if the City had an intention to speak on the availability of child care and permitting issues.

Barry Chang, Cupertino School Board Member, spoke in support of the project.

Nathania Apple spoke in support of the project.

James Boyle stated he was not in support of commercial development in this area, that this is a residential area zoned R-1 and that that three to four residences will be displaced.

Jim Kern spoke in opposition to the project, as he sees it as a commercial use. He also stated that the project would increase traffic on Warner Avenue and that the City should look at other neighborhoods for a location.

Marco Quintana stated that Warner is a hurried intersection, and that he was in opposition to the project due to the traffic impacts.

Mary Jane Austin thanked Councilmember Risch and Gayle Price for attending a neighborhood meeting regarding the project. She stated she lives east of the project and would like to have a 10-foot fence between her property and the applicant’s property.

Thom Mayer stated that there is nothing in the plan for bicycle parking, and that he would like to see secure parking for two bikes.

Glenn Mitchell stated that the project should not be in a residential area, and that he was concerned with traffic impacts.

Liza Edwards stated that her family has lived on Warner Avenue for 51 years, and that she is opposed to the project due to traffic impacts and concerns about children being dropped-off.

Young Yeo stated his support of the project.

The applicants returned to the podium for closing comments and to address questions raised by the speakers.

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

Vice Mayor Walker moved, and Councilmember Risch seconded, to deny the appeal of the decision of the Planning Commission, affirm the Negative Declaration, approve the use permit with conditions, and to include the following added conditions of approval: (1) incorporate the motion from Planning Commission to have landscaping in parking lot at 50% coverage within 15 years; (2) fences to be up to 10 feet at the discretion of the neighbors, with exact design to be worked out with the neighbors, and attention to be paid to fence design to discourage graffiti; and (3) provide bicycle facilities at the site to include at least two locking bike lockers. The motion carried unanimously.

Mayor Vorreiter called for a recess at 10:17 p.m. and reconvened the meeting at 10:25 p.m.

Finance Director Bradley presented the staff report and responded to Council questions.

Joe Francisco of Berryman & Henigar also responded to Council questions.

Mayor Vorreiter opened and closed the public hearing at 10:28 p.m.

Finance Director Bradley reported the results of the assessment district election, which passed with 61.7% in favor.

Resolution No. 172-00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE APPROVING THE FINAL ENGINEER’S REPORT, CONFIRMING THE ASSESSMENT, ADOPTING THE TERMS AND CONDITIONS FOR THE PROJECT AND AUTHORIZING THE PLACEMENT OF THE ASSESSMENTS ON THE PROPERTY TAX ROLLS EACH YEAR FOR THE CONWAY ROAD IMPROVEMENTS PROJECT

Councilmember Miller moved, and Councilmember Valerio seconded, adoption of the resolution and approval of Budget Modification No. 1. The motion carried unanimously.

Management Analyst McQueen presented the staff report and responded to Council questions. Finance Director Bradley also responded to Council questions.

Mayor Vorreiter opened the public hearing at 10:45 p.m.

Karl Rowley stated that he is against the concept of redevelopment in Sunnyvale, that there is no blight in the city and that we are in a booming economy.

Suzi Blackman, President/CEO, Chamber of Commerce, stated that the Chamber would like to be included in the study process of the redevelopment area.

Mayor Vorreiter closed the public hearing at 10:47 p.m.

Resolution No. 173-00 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE DESIGNATING THE CITY COUNCIL AS THE LEAD AGENCY AND THE REDEVELOPMENT AGENCY AS A RESPONSIBLE AGENCY, IN CONNECTION WITH, AND AUTHORIZING STAFF TO PREPARE ANY NECESSARY ENVIRONMENTAL DOCUMENTATION FOR, THE AMENDED AND RESTATED REDEVELOPMENT PLAN

Resolution No. 174-00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE DESIGNATING A REDEVELOPMENT SURVEY AREA PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW OF THE STATE OF CALIFORNIA

Vice Mayor Walker moved, and Councilmember Fowler seconded, adoption of the two resolutions and expansion of the original project area to include the 2000 Survey Area.

Councilmember Fowler requested a friendly amendment to remove Dick’s Market from the study area.

Vice Mayor Walker did not accept the friendly amendment.

Councilmember Fowler withdrew his second to the motion.

Councilmember Risch seconded the original motion.

Councilmember Fowler made a formal amendment (substitute motion) to remove Dick’s Market from the study area since it was recently renovated. Councilmember Miller seconded for purposes of discussion.

The substitute motion failed by the following roll call vote:

The main motion to adopt the two resolutions and expand the original project area to include the 2000 Survey Area carried unanimously.

Public Works Director Rose presented the staff report and responded to Council questions. City Attorney Armento also responded to Council questions.

Mayor Vorreiter opened the public hearing at 11:05 p.m.

Dr. Peter Phillips, Professor of Economics at the University of Utah, presented his argument against eliminating prevailing wages, and stated that paying prevailing wages prevents cutthroat competition in public works bidding and that there is no study to show that the City will save money by eliminating prevailing wages.

Charles T. Ramsey, school board member in West Contra Costa County, spoke against the elimination of prevailing wages.

Larry Gates, Santa Clara Valley Contractors’ Association, spoke in support of prevailing wages.

Mike Kurey, representing the Construction Employers’ Association, spoke in support of prevailing wages.

Christina Uribe, Political Director of the South Bay Labor Council, requested that the Council retain the prevailing wages policy.

Suzi Blackman, President/CEO, Chamber of Commerce, stated that the Chamber supports market-driven wages and opposes government-driven wages.

John Neece, Santa Clara Building Trades Council, spoke in support of prevailing wages.

Mayor Vorreiter closed the public hearing at 11:54 p.m.

Councilmember Valerio moved, and Councilmember Miller seconded, to continue to retain the State-defined prevailing wage on public works projects and not on maintenance and repair contracts.

Councilmember Fowler requested a friendly amendment to extend the one-year City monitoring program on wage averages to maintenance and repair contracts and to request staff to bring the results of this study back to the Council.

Councilmember Valerio did not accept the friendly amendment and stated that Councilmember Fowler could consider bringing this forward as a study issue.

The motion carried by the following roll call vote:

Finance Director Bradley presented the staff report and responded to Council questions.

Mayor Vorreiter opened the public hearing at 12:10 a.m.

Evan Cursaran, representing the appellant’s attorney Frank Weiser, stated that Mr. Weiser believes that the City’s ordinance on transient occupancy tax would be thrown out as unconstitutional.

City Attorney Armento stated the City’s position on the issue.

Mayor Vorreiter closed the public hearing at 12:14 a.m.

Vice Mayor Walker moved, and Councilmember Risch seconded, to uphold the staff recommendation that the hotel operator be notified that the full amount of the tax, penalties, and interest is immediately due and payable to the City. The motion carried unanimously.

Finance Director Bradley presented the staff report.

Mayor Vorreiter opened and closed the public hearing at 12:20 a.m.

Resolution No. 175-00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE CONFIRMING LIENS ON REAL PROPERTIES FOR NONPAYMENT OF UTILITY CHARGES

Councilmember Miller moved, and Councilmember Fowler seconded, to proceed with the lien process through the County of Santa Clara. The motion carried unanimously.

No action was taken on this item.

There were no citizens to be heard.

Councilmember Miller announced that this was the last Council meeting for Community Development Director Boesch before he leaves the City to become City Manager of Menlo Park, and that she wished him well.

Mayor Vorreiter stated that the Council echoed her comments on wishing him well.

Councilmember Miller announced that she recently attended a Women in Municipal Government Conference, which she found very enjoyable.

There were no comments from staff.

Mayor Vorreiter declared the meeting adjourned to the Redevelopment Agency at 12:22 a.m.

Respectfully submitted,

Linda Kelly
Senior Management Analyst/Deputy City Clerk