The salute to the flag was led by Mayor Vorreiter.

Mayor Vorreiter announced that Red Ribbon Week is held annually in October to encourage children to say "no" to drugs, and that once again this year the Sunnyvale Kiwanis Club supported Red Ribbon Week activities in the Sunnyvale School District. Peter Smith of the Kiwanis Club then presented awards to the grand prize winners of the Red Ribbon Week poster contest: Pragati Shaw, Vargas School; Natalie Gonzalez, Bishop School; and April Sanchez, Columbia Middle School.

Jeanine Stanek, Curriculum Coordinator for Leadership Sunnyvale, gave an update of the group's recent activities. She also stated that the group was thankful for the support of the City.

Councilmember Miller made announcements on behalf of the Council. She announced that the City was recognized by the Santa Clara County Board of Supervisors for its efforts in support of Census 2000. Sunnyvale accomplished an astonishing 77% return rate for census forms. Special thanks were given to Yolanda Brown, Chair of the Census Committee, and the many volunteers who worked to achieve a full and accurate count.

Councilmember Miller then congratulated the owners and managers of Morse Court of Sunnyvale, which has been recognized by the U.S. Department of Housing and Urban Development as one of HUD's high performing properties. She also announced that the Mayor has proclaimed November as Buddy Poppy Promotional Month, in support of the Veterans of Foreign Wars' fundraising efforts to benefit disabled and needy veterans, and widows and orphans or deceased veterans. Citizens are encouraged to purchase and wear Buddy Poppies as evidence of our gratitude to the men and women who have served in defense of the freedoms we enjoy.

Councilmember Miller also announced that Measure "S", the water fluoridation measure, passed with a vote of 65.1% "yes" votes and 34.9% "no" votes. She thanked Vice Mayor Walker and Councilmember Risch in their efforts.

Councilmember Risch requested a correction to the minutes of October 24, 2000, on page 6, to reflect that all the elected officials he announced under Council comments had endorsed Measure "S" at the time of his announcement.

City Manager LaSala requested the removal of Item 1.C.

Vice Mayor Walker moved, and Councilmember Miller seconded, approval of the Consent Calendar, with the correction to Item 1.A. and the removal of Item 1.C. The motion carried unanimously.

The ordinance was adopted by the following roll call vote:

Public Safety Administrative Assistant Gonda presented the staff report.

Mayor Vorreiter opened and closed the public hearing at 7:51 p.m.

Councilmember Fowler moved, and Councilmember Miller seconded, approval of the staff recommendation. The motion carried unanimously.

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

Mayor Vorreiter opened the public hearing at 8:20 p.m.

Mary Hayes stated that she lives behind the large home on Wright Avenue and that she was in favor of communication, notification, and appeal rights. She also stated that she felt her privacy had been invaded by the construction of the large home with windows that look out into her back yard.

Jennifer Carson requested that Council allow anyone who has already been through the design review process to use the existing laws in place. She also stated that more stringent regulations would make it more difficult for growing families who wish to add on to their homes, and that she was in favor of allowing variations in neighborhoods.

City Attorney Armento stated that Council needed to address the issue of at what point would the ordinance affect those projects already in the approval pipeline.

Tarik Peterson stated that in this issue, it was not possible to satisfy both sides, and that the principles of the U.S. Constitution needed to be honored.

Chad Steward stated that he recently purchased a 900 square foot home in Sunnyvale and that he wanted to add on to the home at some point. He had concerns with screening landscaping and the overlay district. He is in favor of neighbor notification.

Kristina Irwin stated that she was in favor of diversity of housing design in neighborhoods but that she was opposed to one person coming in and demolishing a house and building something that dominates the fabric of the neighborhood, without any appeal or notification. She is in favor of adjacent appeal rights.

Wilma Anderson stated her support for appeal rights and notification. She questioned the elevation of the home on Wright Avenue. She commended the Planning Commission and staff for their work on the large homes issue.

Jeffrey Sato questioned the affect that square footage or bulk limitations would have on his property. He expressed concerns that public employees would be forced to move out if they could not add on to their homes, and that they would be moving out of the Bay Area due to the high housing costs.

Jeff Forster, counsel for Wilma and Robert Anderson, stated that the Council should foster neighborhood participation and that the Council should listen to the Planning Commission recommendation. He is in favor of notification and appeal rights.

Stephen Chou stated that in his neighborhood of Hibernia Court, the floor area ratio (FAR) is 50% and that 75% of the homes have 3-car garages. He stated his concern that regulations may adversely affect his neighborhood.

Margaret Jungling stated that she was concerned with privacy and not necessarily the size of the building. She is also in favor of notification and the right of appeal.

Mike Stasio stated that he lives in an area of 37 Eichler homes and that he would like a single-story combined district in his neighborhood. He stated that his main concerns were sunlight, restrictions of view and privacy.

Grace Keng stated that it was important for a planner to visit the site of a home remodel. She is not in favor of using the same rules to apply to all houses, and design and creativity of homes should not be limited. She is concerned that needs of individual neighborhoods are taken into consideration.

Rebecca Elliot, Santa Clara County Association of Realtors, stated that a restricted neighborhood may have a lower property value, and that the burden of disclosure of the design restriction is placed on the seller of the property and real estate agent. She also stated that the Council may wish to consider an appeal fee and that garages should not count in FAR.

Werner Gans complimented staff on the presentation. He stated that his concerns included privacy and homes blending into a neighborhood. He further stated that appeal rights should be approved on a limited basis and that he supported the staff recommendation and the Planning Commission recommendations 2 through 5.

Gretchen Callahan stated that in the case of the Wright Avenue home, the property owner had all the rights and the neighbors did not have any rights. She stated that the needs of everyone needed to be considered and that neighbor notification needs to take place.

Elizabeth Speece stated that FAR ratios were a burden for her since she lives on a small lot. She stated that she intends to talk to her neighbors regarding notification, and that she was in favor of a sliding scale.

Michael Flores stated that FAR and setbacks seemed to be limiting, and that he has concerns with window placement since he would like adequate windows on his second story addition.

Bob Davila stated that he had concerns with a single story overlay. He stated that a situation could occur where people may vote for a single-story overlay district, and then those people move out of their homes and the current residents are left with a governing restriction that they did not create. He also stated that each house needed to be treated individually and that new laws should not be created due to only a few complaints.

Wendy Cheng stated that she is in the middle of redoing her house and that she has a lot of money invested in the process. She asked for clarity regarding the last day to submit plans for design review under the old code.

Lou Wirtz stated that he was in favor of staff recommendations and Planning Commission recommendations, and that the house on Wright Avenue was a rebuild not a remodel.

Ray Crump stated that there is an interest in his neighborhood to stay single story. He also stated that home is where people look for peace and quiet, and that residents buying in a single story area generally want it to remain single story.

Bill Callahan stated that he was very much in favor of property rights and the Constitution, and the he is asking for a chance for public input.

Mayor Vorreiter closed the public hearing at 10:50 p.m.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING VARIOUS SECTIONS OF TITLE 19 OF THE SUNNYVALE MUNICIPAL CODE ENTITLED "ZONING" RELATED TO SINGLE FAMILY DWELLING DESIGN CRITERIA AND DEVELOPMENT STANDARDS

Councilmember Roberts moved, and Vice Mayor Walker seconded, first reading of the ordinance, adoption of the negative declaration, and the institution of a second floor front yard setback of 25 feet.

The motion carried unanimously.

Councilmember Roberts moved, and Vice Mayor Walker seconded, elimination of the second story side-yard setback exception for remodels.

The motion carried by the following roll call vote:

Councilmember Roberts moved, and Vice Mayor Walker seconded, to allow rear yard encroachments for first stories only. The motion carried unanimously.

Councilmember Roberts moved, and Vice Mayor Walker seconded, to direct staff to develop a booklet with illustrative examples of appropriate single family design, to contain examples of what the guidelines mean, and to clarify the guidelines if appropriate. The motion carried unanimously.

Councilmember Roberts moved, and Vice Mayor Walker seconded, to establish December 31, 2000 as the deadline for submitting plans for design review under the old (current) laws, that plans submitted after this date would fall under the new law, and that the threshold would be design review. The motion carried unanimously.

Councilmember Roberts moved, and Councilmember Risch seconded, to: (1) require public hearings and appeal rights for floor area ratios FARs of greater than 45% for single family homes in R-1 and R-2; (2) require public hearings and appeal rights for FARs of greater than 55% for duplexes, triplexes or multi-family units on one lot in R-2; (3) require public hearings and appeal rights for FARs of greater than 60% for single family homes in R-0; (4) keep the FAR calculation as is; (5) not double-count vaulted ceilings; (6) require a use permit for higher FARs; (7) have no absolute top limit on FAR; and (8) have no requirement to obtain a use permit and meet detailed findings but should meet citywide design guidelines. The motion carried by the following roll call vote:

Vice Mayor Walker moved, and Councilmember Roberts seconded, that on second stories that require design review, at the time plans are submitted for design review, notice shall be given to neighbors immediately adjoining the property, and neighbors to be given 14 day period from the date of the notice to review and provide comments to staff (closed end process). The motion carried unanimously.

Vice Mayor Walker moved, and Councilmember Valerio seconded, to allow creation of a single-story overlay district for any neighborhood that is interested, to sunset after seven years. Councilmember Valerio requested a friendly amendment to state that the creation of such district would require a two-thirds approval of the neighborhood. The amendment was accepted. The motion as amended carried by the following roll call vote:

Vice Mayor Walker moved, and Councilmember Fowler seconded, to allow appeal rights for second-story windows that require a building permit, to be limited to side and rear windows, with appeal rights for adjacent neighbors. The motion failed by the following roll call vote:

Councilmember Fowler moved, and Councilmember Miller seconded, to allow appeal rights for second-story windows that require a building permit, to be limited to side and rear windows, with the appeal having to be made by at least two adjacent neighbors. The motion failed by the following roll call vote:

Vice Mayor Walker moved, and Councilmember Miller seconded, to request staff to return with a formal budget modification to add a modified number of hours to the Development Services budget. The motion carried unanimously.

Councilmember Miller moved, and Vice Mayor Walker seconded, to direct staff to return in one year with a report on data regarding the new ordinance and how it is working, to include any issue areas staff would like to see addressed. Vice Mayor Walker requested a friendly amendment for staff to return in November 2001, in time for the study issues process. The amendment was accepted. The motion as amended carried unanimously.

Councilmember Risch moved, and Councilmember Roberts seconded, that neighbor notification is to occur whenever a full demolition permit is issued or at the time of design review, if it is obvious that a full demolition would occur (if neighbors had not already been notified during other parts of the process). The motion carried unanimously.

Mayor Vorreiter called a recess at 11:57 p.m. and reconvened the meeting at 12:09 a.m.

Acting Public Works Director Dettle presented the staff report and responded to Council questions.

Mayor Vorreiter opened the public hearing at 12:11 a.m.

Lorraine Wolfsohn stated that these streets are needed and are being used by residents in the immediate vicinity, and that closing these streets presents an immediate street hazard. She also asked that the developer be required to allow tenants to access Agena through the granting of an easement.

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

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

Resolution No. 198-00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE VACATING A PORTION OF EVELYN AND AGENA WAY/MATHILDA AVENUES, AND A PORTION OF ALTAIR AND ARIES WAYS, NO LONGER REQUIRED FOR STREET PURPOSES, IN CONJUNCTION WITH THE MOZART DOWNTOWN OFFICE DEVELOPMENT PROJECT

The motion carried unanimously.

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

Mayor Vorreiter opened and closed the public hearing at 12:25 a.m.

Vice Mayor Walker moved, and Councilmember Miller seconded, adoption of the resolution.

Resolution No. 199-00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE INCREASING THE ANNUAL APPROPRIATIONS LIMIT AND MAXIMUM AMOUNT OF BONDED INDEBTEDNESS AND OF ALTERATION OF RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES AND SUBMITTING SAME TO QUALIFIED ELECTORS

The motion carried unanimously.

Deputy City Clerk Kelly announced that one ballot was received, with a vote in the affirmative.

Vice Mayor Walker moved, and Councilmember Miller seconded, adoption of the resolution.

Resolution No. 200-00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE DECLARING RESULTS OF SPECIAL ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS AND THAT INCREASES IN THE ANNUAL APPROPRIATIONS LIMIT AND IN THE MAXIMUM AMOUNT OF BONDED INDEBTEDNESS AND ALTERATION OF RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES ARE LAWFULLY AUTHORIZED, AND DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN

The motion carried unanimously.

Information Technology Services Manager Crane presented the staff report and responded to Council questions.

Mayor Vorreiter opened the public hearing at 12:35 a.m.

Michael Flores stated that more public notice of meetings was needed on the web site.

Mayor Vorreiter closed the public hearing at 12:40 a.m.

Vice Mayor Walker moved, and Councilmember Valerio seconded, approval of the staff recommendation to direct the Information Technology Department to develop a formal policy and training program during the next 90 days that will address the necessary Standard Operating Web Development Procedures to ensure consistency throughout all City web pages. In addition, the Information Technology Director will work with the interested department heads to request the required staff hours through the normal budget process.

The motion carried unanimously.

Bud Kundich spoke regarding the proposed pedestrian-bicycle bridge over I-280 at Mary Avenue, and discussed the VTA’s funding process. He asked the City to take a proactive response to this project and become active in the feasibility study, and support a citizens’ panel as part of the study.

Michael Flores spoke regarding the red curb and crosswalk in front of his home, and stated that nothing had been done, and no one had gotten back to him on this.

Acting Public Works Director Dettle stated that he facilitated a meeting with Mr. Flores and the school district, and it was determined that the safety concerns justified the street and curb markings.

City Manager LaSala stated that staff would follow-up and provide Mr. Flores with a written justification.

Mayor Vorreiter stated that a reception event at El Camino Hospital was to be held on November 28 between 6:00 and 8:00 p.m., and she requested that the study session scheduled for 6:30 p.m. on November 28 be moved to 6:45 p.m. or later to give the Council the opportunity to attend the event.

City Manager LaSala stated that staff expects a formal ceremonial groundbreaking in December on the Mozart Project.

Mayor Vorreiter declared the meeting adjourned at 12:52 a.m.

Respectfully submitted,
Linda Kelly
Senior Management Analyst/
Deputy City Clerk