The City Council of the City of Sunnyvale adjourned from a Study Session regarding a Review of the Status, Intent and Effectiveness of Existing Public Art Policies and Practices 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.

Margaret Maletis, representing Celebrate Sunnyvale 2000, the Sunnyvale School District and Sunnyvale Historical Society, introduced Lakewood School 5^th grade student Amy Tran, who gave a presentation on Sunnyvale fruit orchard history. Principal Sheri Holbrook was also present.

Councilmember Fowler explained the procedure for public announcements. On behalf of the Council, he congratulated Mayor Vorreiter, who was awarded the Athena Award by the Sunnyvale Chamber of Commerce during the Showcase Sunnyvale 2000 event on Saturday. She was honored for her numerous outstanding accomplishments and contributions to the community: an attorney since 1981, providing pro bono legal services to seniors and children; Judge Pro Tempore; Councilwoman, Mayor, Emergency Housing Consortium and homeless shelter volunteer; scout leader; coach; elder and deacon in her church; wife, mother, grandmother, and triathlete. Mayor Vorreiter also received a proclamation from Assemblywoman Elaine Alquist congratulating her on the award.

Councilmember Risch announced that he and Councilmember Fowler attended the inaugural meeting of the Silicon Valley Animal Control Authority, a joint powers authority of various cities in the Sunnyvale/Santa Clara area to provide animal services to the community. He also congratulated Councilmember Fowler for being selected as the organization’s first Chairman.

Joe Rivera of the Sunnyvale Rotary Club gave an informational review of the founding of the club and the services they provide. He also stated that the Club meets on Tuesdays at the Ramada Inn and provided brochures and a copy of their newsletter. Membership in the Rotary is by invitation only, and the Club provides an opportunity to serve society through a world association of professional and business people.

Carolyn Gonot, Manager, Congestion Management Program for the VTA, gave an overview of the Valley Transportation Plan 2020 project selection process. She stated that the VTA is making a commitment to local and county roads, including several bicycle improvement projects.

City Manager LaSala pulled item 1.D. for deferral at a later date to be determined. Vice-Mayor Walker moved, and Councilmember Risch seconded, approval of the Consent Calendar, with exception of item 1.D. The motion carried unanimously.

The following item was pulled by City Manager LaSala for deferral and consideration at a later date to be determined.

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

Mayor Vorreiter opened the public hearing at 8:23 p.m.

Dahl Phelps questioned whether the proposed changes would affect single family zoning. Mayor Vorreiter stated that this would not affect residential zoning.

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

Councilmember Walker moved, and Councilmember Roberts seconded, the staff recommendation (Alternatives 1 and 3 in the staff report) to:

(1) Adopt the Negative Declaration, make the required findings, introduce the ordinance (hold first reading of the ordinance) with the recommended changes to Title 19 Phase IIB of the Sunnyvale Municipal Code;

(2) Approve a continuing phase of this study issue with additional zoning code regulations needing further analysis, including those recommended by the Planning Commission:

with the following amendments:

(3) Regarding Item 5, Review of non-conforming use limitations for commercial and industrial uses: Item 10.A. on Table 19.20.030, reference to "obnoxious uses" to be added to the residential table; and

(4) Regarding Item 6.B, Construction yards and residential zoning, to be modified to require a miscellaneous plan permit.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING VARIOUS PROVISIONS OF TITLE 19 OF THE SUNNYVALE MUNICIPAL CODE ENTITLED "ZONING" RELATED TO CLARIFICATION OF USES AND PROCEDURES

The motion carried unanimously.

Councilmember Risch added that staff is to bring back clarification on automobile uses in commercial zones.

Councilmember Roberts moved, and Vice Mayor Walker seconded, to accept the language of the San Jose ordinance (as attached to the staff report) which states that non-conforming uses within an involuntarily damaged structure may continue and the structure may be reconstructed within one year provided that the site area, the gross floor area, size or height of structures or the intensity of activity does not exceed the existing use.

Councilmember Roberts modified his motion to direct staff to bring back alternatives regarding non-conforming uses within an involuntarily damaged structure, to address the conditions under which the structure can be reconstructed. The motion carried unanimously.

Vice Mayor Walker requested an appeal of Item 1 on the Planning Commission Agenda.

Planning Officer Ryan stated that Items 1 and 2 on the Planning Commission Agenda had already been appealed. Item No. 1 is an application for a Use Permit to allow installation of a cremator in conjunction with the existing mortuary at 174 N. Sunnyvale Avenue. Item 2 is an application for related proposals for a 7,236 square foot site located at 560 E. Washington Avenue.

Michael Flores stated that a crosswalk, wheelchair ramp, and red curb no parking zones were added near his home and he would like to see alternatives to red curb.

Acting Public Works Director Dettle responded that staff and the school district considered it a safety issue. He stated that his department will look into posting signs in the area with no parking during certain hours, as well as look into the parking situation in the entire area.

Gary Wesely stated that he received a document from an attorney on behalf of Sunnyvale stating that the City has no control over mandated fluoridation. He also stated that he received a letter from the Santa Clara Valley Water District and they have no documentation that there would be any additional costs for water.

Councilmember Risch stated that Congresswoman Anna Eshoo, State Senator John Vasconcellos, State Assemblymember Elaine Alquist and County Supervisor Joe Simitian have endorsed Measure S.

Councilmember Miller congratulated Mayor Vorreiter on receiving the Athena Award. She also requested a briefing on the information only report regarding black and white police vehicles.

City Manager LaSala stated that Public Safety will be changing the colors of police vehicles to black and white as vehicles are replaced.

Councilmember Valerio reminded everyone to vote on November 7^th.

At 8:48 p.m., Mayor Vorreiter adjourned the meeting to a conference with labor negotiators (pursuant to Government Code Section 54957.6).

Agency Designated Representative: Robert S. LaSala, City Manager;

Employee Organization: Service Employees International Union (SEIU)

Respectfully submitted,

Linda Kelly
Senior Management Analyst/
Deputy City Clerk