The City Council of the City of Sunnyvale adjourned from a Joint Study Session with the Planning Commission regarding Commercial/Industrial Intensity 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.

County Supervisor Pete McHugh presented a road management funds check to Mayor Vorreiter for $1.6 million, for the improvement of local streets and pavement management.

Mayor Vorreiter announced that October 15 of each year is designated as White Cane Safety Day, to provide an opportunity to encourage the public to watch out for pedestrians, especially those travelling with white canes and guide dogs. Michelle McGrew, President, Silicon Valley Council of the Blind, presented a resolution to Mayor Vorreiter commending the City of Sunnyvale for the installation of audible pedestrian signals, which provide greater safety to visually impaired pedestrians.

Linda Davis of the League of Women Voters on Cupertino and Sunnyvale handed out information to the Council regarding the upcoming election, which included proposition information and the Easy Reading Voter Guide, which is available at most libraries. She also directed the public to www.smartvoter.org for election information.

Councilmember Valerio made announcements on behalf of the Council. He reminded everyone that the second fluoride forum will be held this Thursday, October 19 and will be moderated by the League of Women Voters. The event will be held in the Council Chambers at 7:00 p.m., is open to the public, and will be broadcast live on KSUN, Channel 18 and replayed on Fridays at 7:00 p.m. Sundays at 5:00 p.m.

He further gave congratulations to Public Safety Chief Bakin and his staff for a very successful pancake breakfast last Saturday morning to benefit the Alisa Ann Ruch Burn Foundation. Over 600 members of the community attended the event, and enjoyed the public safety demonstrations and the breakfast.

Vice Mayor Walker announced that he is participating in a debate on Measure "S" tomorrow night at 8:00 p.m. on BayTV, Channel 35.

Representatives of the County of Santa Clara Social Services Foster Care and Recruitment Program presented information regarding the crisis in foster care in the County. They are trying to recruit more families to serve as foster families and are also working to support current foster families. Currently, 21 foster families reside in Sunnyvale. They pointed out that the County’s children are not being taken care of due to the lack of enough foster families.

Megan Denzel of the Support Network for Battered Women presented information on the Support Network, which provides emergency shelter, crisis counseling for battered women and their children, free legal advice, and a victim advocacy program. She announced that October is Domestic Violence Awareness Month. Her organization hasover 300 volunteers and many volunteer opportunities. Persons interested in volunteering may call 800/572-2782, or check the following websites: www.snbw.org and www.growing.com.

Vice Mayor Walker moved, and Councilmember Miller seconded, approval of the Consent Calendar as presented. The motion carried unanimously.

Associate Planner Spence presented the staff report.

Mayor Vorreiter opened the public hearing at 8:15 p.m.

Tom O’Toole spoke against the proposed fence height due to landscaping concerns and fence design.

Bill Santos, use permit applicant, stated that he tried without success to come to an agreement with Mr. O’Toole. He also stated that he would like the entire fence to be at a height of 7 feet, and that he plans to use privacy lattice.

Mayor Vorreiter closed the public hearing at 8:32 p.m.

Councilmember Roberts moved, and Vice Mayor Walker seconded, the staff recommendation to deny the appeal, uphold the Planning Commission’s decision to approve the 7-foot fence, with modifications, as amended to allow extension of the 7-foot fence along the entire 83 feet along the side yard. The motion carried unanimously.

Administrative Assistant Gonda presented the staff report.

Mayor Vorreiter opened and closed the public hearing at 8:35 p.m.

Councilmember Fowler moved, and Councilmember Miller seconded, approval of appropriation of the full amount available from the Supplemental Law Enforcement Services Funding Program (SLES) into the City’s Supplemental Law Enforcement Sub-Fund. 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 8:41 p.m.

Linda Davis of the League of Women Voters urged the Council to take a "no" position on Proposition 34, relating to campaign finance reform. She stated that the intent of the measure was to kill Proposition 208, and that the ballot arguments in opposition were not written by genuine opponents.

Suzi Blackman, Chamber of Commerce, stated that the Councilmembers had each received a copy of the Chamber’s recommended ballot positions, and she explained how the Chamber goes about making their legislative recommendations through a committee process.

Thom Mayer stated that Measure A was the wrong measure needed to improve transportation, and that we need a more appropriate transportation measure. He also stated that current drug rehabilitation programs do not help to rehabilitate, in reference to Proposition 36.

Gary Wesley stated that the Council could not legally use public funds to promote positions on ballot measures, and that the ballot argument in favor of Measure S was not accurate. He also stated that he was unable to obtain notes from staff regarding the potential cost of replacement water.

Billie Barewald spoke against Measure S and addressed the hidden costs of fluoridation, such as a disease called fluorosis. She also stated that fluoride is just one of many toxic compounds that would be added to the water when water is fluoridated.

David LaMar urged the Council not to take a position on Measure S and to let the voters decide.

Dr. Ken Horowitz, dentist, stated that he has heard unfounded arguments against fluoride for 40 years and that he was in support of the staff’s recommendation to support Measure S.

Paul Schmidt requested that the Council remain neutral on Measure S.

Lowell Carlstrom asked the Council not to take a position on Measure S.

Bobbie Evanson stated that she disagreed with putting the fluoride issue on the ballot.

Mayor Vorreiter closed the public hearing at 9:02 p.m.

Vice Mayor Walker moved, and Councilmember Risch seconded, to adopt the positions on ballot measures as recommended by staff for the following issues:

The motion carried unanimously.

Councilmember Fowler moved to take a position opposing Proposition 34 – Campaign Contributions and Spending Limits. The motion died for lack of a second.

Vice Mayor Walker moved, and Councilmember Risch seconded, approval of the staff recommendation to take no position on Proposition 34 – Campaign Contributions and Spending Limits. The motion carried by the following roll call vote:

Councilmember Miller stated that Council should take no position on Proposition 36 – Drugs: Probation and Treatment Program.

Councilmember Roberts moved, and Councilmember Valerio seconded, to take a position in support of Proposition 36 - Drugs: Probation and Treatment Program. The motion failed by the following roll call vote:

Vice Mayor Walker moved, and Councilmember Fowler seconded, approval of the staff recommendation to oppose Proposition 36 - Drugs: Probation and Treatment Program. The motion carried by the following roll call vote:

Councilmember Fowler moved, and Councilmember Miller seconded, approval of the staff recommendation to take a position in opposition to Proposition 38 – School Vouchers. The motion carried by the following roll call vote:

Vice Mayor Walker moved, and Councilmember Valerio seconded, approval of the staff recommendation to take a position in support of Measure S – Fluoridation of Water. The motion carried by the following roll call vote:

No action was taken on this item.

Linda Davis, League of Women Voters, stated that in 1988 the Council took a position on Propositions 68 and 73, related to campaign finance reform.

Councilmember Risch noted that the City had an official policy on campaign reform until last year.

Gary Wesley stated that he attended a meeting with the SFPUC last week in Burlingame, and that they had no position on the Hetch-Hetchy water contract.

There were no comments from Council.

There were no comments from staff.

Mayor Vorreiter asked for a moment of silence in memory of the victims on the USS Cole, and declared the meeting adjourned at 9:25 p.m.

Respectfully submitted,

Linda Kelly
Senior Management Analyst/
Deputy City Clerk