The City Council of the City of Sunnyvale adjourned from a 6:30 p.m. Study Session regarding Bicycle Capital Improvement Program/Bicycle Map Revision and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California, at 7:30 p.m. with Mayor Walker presiding.

The salute to the flag was led by Mayor Walker.

Margaret Maletis, Sunnyvale Historical Society, introduced two fifth grade students from Ellis School, Denise Munoz and Mithi Desai, who presented the story of Moffett Field. Margaret stated that this was the last of the Sunnyvale historical moment presentations to Council.

City Manager LaSala introduced Linda Bagneschi, the City's new Senior Management Analyst/Communications Officer.

Vice Mayor Fowler announced that closed sessions were held on November 29, 2000 regarding the following topics: 

(1) Real Property Negotiations - 505 W. Olive Ave;
(2) Conference with Legal Counsel - Existing Litigation: Messier v. City of Sunnyvale; and 
(3) Personnel Matters - City Manager, City Attorney. No action was taken on the items, and direction was given.

Theresa Lee, Director of Public Information, Bay Area Air Quality Management District, requested that the Council consider prioritizing two issues: adoption of a model woodsmoke ordinance and a lawnmower buyback program. She stated that burning wood in a fireplace generates too many toxic pollutants into the environment, and that several area cities have already adopted such an ordinance. She also stated that a lawnmower buyback program involves trading in old gasoline mowers for non-polluting electric models. In response to Councilmember Risch, Ms. Lee indicated that, if requested, she could work with City staff to provide an updated cost-benefit analysis for the woodsmoke ordinance as it pertains to Sunnyvale.

City Manager LaSala stated that he had previously indicated to Council that the lawnmower buyback program would be included in the upcoming budget.

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

WHEREAS, the City Council of the City of Sunnyvale duly called and ordered held in the City on Tuesday, November 7, 2000, a Special Municipal Election for the purpose of submitting to the voters a measure concerning fluoridation of the water supply; and

WHEREAS, pursuant to the applicable provisions of the Elections Code of the State of California, the Registrar of Voters of the County of Santa Clara has duly canvassed the votes cast by the electors in the City of Sunnyvale upon the measure hereinafter set forth, and has certified to the City Council the results of the votes cast, which certification is attached as Exhibit "A" and incorporated by reference;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUNNYVALE THAT:

1. The canvass by the Registrar of Voters as shown in Exhibit "A" and the results of the votes cast at the Special Municipal Election is hereby ratified, confirmed and approved.

2. The total numbers of votes cast in the City of Sunnyvale and the number of votes cast in each precinct for and against the ballot measure submitted at the Special Municipal Election are as set forth in Exhibit "A." All absent voters' ballots have been duly received and canvassed in time, form and manner as required by law, and the results of the absentee vote are set forth in Exhibit "A."

3. At the Special Election the following measure was submitted to the voters and the number of votes cast for and against the measure were as follows:

4. The City Clerk of the City of Sunnyvale hereby is instructed to enter this resolution on the minutes of the City Council as a statement of the results of the Special Municipal Election.

Adopted by the City Council at a regular meeting held on December 12, 2000, by the following vote:

AYES: Valerio, Vorreiter, Fowler, Walker, Roberts, Miller, Risch
NOES: None
ABSENT: None

Project Planner Rouse presented the staff report and responded to Council questions. Planning Officer Ryan also responded to Council questions.

Mayor Walker opened the public hearing at 7:58 p.m.

Richard Smith, Applicant, owner of Wyant & Smith Funeral Home, stated that the addition of a crematory would allow him to offer better services to his clients. He presented letters and petitions in support of the crematory. He requested that the appeal be rejected.

Ron Salvatore, manufacturer of cremation equipment, spoke in favor of the applicant and explained the certification process for persons conducting cremations.

Nancy Yee, Bay Area Air Quality Management District, stated that her agency issues permits to operate crematories. She stated that 11 conditions were applied to the Wyant & Smith permit.

Michael Gulasch, Appellant, spoke against the use permit, and cited reasons of health, toxic emissions, non-conformance to noise ordinance, smoke, damage to property, and a public nuisance. He related a large amount of research data as well as the experiences of other communities with crematories. He stated that he lived at a property adjacent to the funeral home, and he requested that the use permit be denied.

Frank Garcia spoke in favor of the applicant.

Pete Dufour spoke in favor of the applicant.

Paulina McDonald spoke in favor of the applicant.

Bob Eyermann spoke in favor of the applicant.

Fred Hill spoke in favor of the applicant.

Charles Stowell spoke in favor of the applicant, and stated that he did not want third-party cremation.

Manuel Macias spoke in favor of the applicant.

Claudia Gulasch stated that she lives at a property adjacent to the funeral home, and requested that the Council not grant the use permit. She presented petitions against the crematory.

Terry Barrette stated that she did not challenge the importance of the service but that she did not see factual data that was positive. She stated that she would like to see data from someone without a vested interest in the matter.

Gary Gray stated that he lives in the 41-unit apartment building next to the funeral home and that he did not receive notice of the meeting, and he leans toward opposing the crematory.

Wendy Richard stated that the City has changed a lot since the 1950s and that people's health and well-being would be at risk from the location of the crematory.

Alan Bowling stated that he lives across the street from the funeral home, and that he went through a long process for a fence approval a while back. He stated that he hoped the conditions for approving the crematory were as strict as the process he went through.

Bart Senior stated that he was unaware of the noise factor, that what matters is the concerns of the people who live in the immediate area, and that it is not worth the risk.

Ron Hast, publisher of mortuary and funeral home magazines, stated that problems have arisen with third-party crematories. He stated that there are crematories in close proximity to school yards, and that it has been made legal to place cremated remains in the San Francisco Bay. He spoke in support of the applicant.

Duncan Petersen spoke against the crematory, and stated that he was concerned with the immediate neighbors regarding safety.

Thom Mayer stated the matter was a land use issue and a residential neighborhood issue. He asked that Council take this opportunity to restrict the street parking and place real restrictions on the use permit.

Suzi Blackman, Chamber of Commerce, spoke in support of the application.

Anamarie Lisbell spoke in opposition to the location and stated that more research needed to be done.

The Applicant, Richard Smith and Ron Salvatore, manufacturer of cremation equipment, returned to the podium to answer questions.

Nancy Yee, Bay Area Air Quality Management District, also returned to answer questions, and stated that they conducted a toxic risk screen as part of the permitting process. She also explained the citizen complaint procedure and provided the BAAQMD's number, 800/334-ODOR.

Mayor Walker closed the public hearing at 11:10 p.m.

Vice Mayor Fowler moved, and Councilmember Vorreiter seconded, to deny the appeal and uphold the decision of the Planning Commission approving the Use Permit.

Councilmember Vorreiter requested a friendly amendment to the conditions of approval as follows: (1) obtain and maintain a current permit from the BAAQMD prior to installation; and (2) equipment inspection and tests to be made by the BAAQMD upon installation.

The amendment was accepted by the maker.

Mayor Walker requested a friendly amendment to (1) require that the room housing the crematory be soundproofed; and (2) the doors must be closed when crematory is in operation.

Upon further discussion of the matter, Mayor Walker added to his friendly amendment a condition that when the unit is in operation, and the doors are closed, that the noise level not exceed 40 dba at the property line.

City Attorney Armento stated that making the noise restrictions for the operation more restrictive than the City's noise ordinance is not appropriate.

Mayor Walker withdrew his friendly amendment.

The friendly amendment was accepted by the maker and seconder of the motion.

Mayor Walker recessed the meeting at 11:25 p.m. and reconvened the meeting at 11:33 p.m.

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

Mayor Walker opened the public hearing at 11:39 p.m.

John Perkins, for the Applicant, stated that this was one of the lots left from the KalKan business and that assemblage was not practical for this particular site.

Jeff Nelson, representing a nearby apartment complex, stated that the Southern Pacific Railroad plan designated the land to be assembled for common use, and that the area could be assembled at a much higher density.

Mayor Walker closed the public hearing at 12:01 a.m.

Councilmember Risch moved, and Councilmember Roberts seconded, the staff recommendation to grant the appeal and approve the Special Development Permit and Tentative Map in accordance with conditions. The motion carried by the following roll call vote:

Sr. Administrator/ Property Manager Michael Chan presented the staff report and responded to Council questions. Paul Rosenstiel of E.J. De La Rosa & Co. also responded to Council questions.

Mayor Walker opened and closed the public hearing at 12:17 a.m.

Vice Mayor Fowler moved, and Councilmember Roberts seconded, the staff recommendation to adopt the resolution for the purchase of 505 W. Olive Avenue, adopt the resolution of reimbursement for this land purchase, and approve Budget Modification No. 20.

Resolution No. 211-00: A RESOLUTION OF THE COUNCIL OF THE CITY OF SUNNYVALE AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY OF SUNNYVALE TO EXECUTE ALL DOCUMENTS AND ACCEPT DEEDS AND GRANTS WITH RESPECT TO THE PURCHASE OF CERTAIN REAL PROPERTY LOCATED AT 505 W. OLIVE AVENUE IN THE CITY OF SUNNYVALE

Resolution No. 212-00: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE DECLARING INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE CITY

The motion carried unanimously.

City Attorney Armento presented the staff report.

Mayor Walker opened and closed the public hearing at 12:22 a.m.

Councilmember Risch moved, and Vice Mayor Fowler seconded, first reading of the ordinance.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE REPEALING CHAPTER 12.32 OF THE SUNNYVALE MUNICIPAL CODE PERTAINING TO WATER FLUORIDATION

The motion carried unanimously.

Assistant to the City Manager Rich presented the staff report and responded to Council questions.

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

Councilmember Miller moved, and Councilmember Valerio seconded, to appoint Councilmember Valerio as the City's representative, Councilmember Risch as the alternate, Ralph Durham as the Arts Commission representative, and to allow the City Manager to assign a City staff representative at his discretion, to the Valley Transportation Authority Community Oriented Design Enhancements (CODE) Committee, with the terms of service until January 2002. The motion carried unanimously.

No action was taken on this item.

No action was taken on this item.

There were no citizens to be heard.

Councilmember Miller wished City staff and her colleagues Happy Holidays. She stated that she would not be at the Council meeting next week.

Councilmember Valerio stated that he would not be attending the Study Issues Workshop on December 14 due to a VTA Board meeting at the same time. He stated that he gave the Council's Executive Assistant an informal list of his ranking preferences for study issues.

There were no comments from staff.

Mayor Walker declared the meeting adjourned at 12:30 a.m.

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