The City Council of the City of Sunnyvale adjourned from a 6:30 p.m. Council Moffett Subcommittee Meeting and a 6:40 p.m. Study Session regarding Update on the Research and Development Park at Moffett Federal Complex 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.

Werner Gans provided information on San Francisco Airport overflight to the South Bay and asked concerned citizens to contact Congresswoman Anna Eschoo’s office at 245-2339 to voice concerns.

City Manager LaSala stated that a letter had been sent on behalf of the Mayor and Council to Congresswoman Eschoo and the FAA in regard to overflight being contrary to City Council policy on air traffic over the city.

Krista Rodriguez, student from Sunnyvale Middle School, announced opening day for Sunnyvale National Little League will be on Saturday at Washington Park.

Genevie Fernandez, student from St. Cyprian’s School, invited the Council to games of the National Little League to be held at Washington Park; opening day is on Saturday at 11:00 a.m. She stated that she is lucky to live in Sunnyvale and gave an overview of her activities. She also announced that Sunnyvale will be hosting the Major Girls Western Regional Softball Championships at Washington Park, August 4-7.

Norman Clark, representing the Sunnyvale Chamber of Commerce announced the Community Business Fair to be held on April 6 from 10:00 a.m. - 7:00 p.m. at the Sunnyvale Community Center. Please call (408) 736-4971 for more information.

Vice Mayor Fowler made announcements on behalf of the Council. He announced that a 12 month pilot public access programming cable channel began airing on cable Channel 60 on Monday, March 19. Programming will include "Toastmasters on Television", "On the Move", "Gustine Castle and You" and "Those Videos".

Vice Mayor Fowler also announced that there is still time to submit nominations for Distinguished Citizen of the Year, Outstanding Businessperson of the Year, Community Volunteer, and Outstanding High School Senior. Awards will be presented at the State of the City celebration on May 12. Nomination forms are available from the Community Relations Office or by calling 730-7535.

Vice Mayor Fowler invited citizens to attend a Santa Clara County Public Hearing on "Preventing Violence Against People with Disabilities" to be held on Thursday, March 29 from 2:00-6:00 p.m. in the Board Chambers of the Santa Clara County Government Building, 70 West Hedding Street, San Jose. For more information, contact the Violence Prevention Program at (408) 885-7924.

Vice Mayor Fowler requested that item 1.E. be pulled from the Consent Calendar.

Councilmember Miller moved, and Councilmember Vorreiter seconded, approval of the consent calendar with the exception of item 1.E. The motion carried unanimously.

The ordinance was adopted by the following roll call vote:

The ordinance was adopted by the following roll call vote:

Vice Mayor Fowler abstained from voting on item 1.E. due to a conflict of interest.

Councilmember Vorreiter moved, and Councilmember Roberts seconded, to approve the staff recommendation. The motion carried with Fowler abstaining.

Operations Manager Tannehill presented the staff report.

Mayor Walker opened and closed the public hearing at 8:02 p.m.

Vice Mayor Fowler moved, and Councilmember Miller seconded, first reading of the ordinance. The motion carried unanimously.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AWARDING NONEXCLUSIVE FRANCHISE TO GURBINDER SINGH AND RAJBIR SINGH DOING BUSINESS AS NET CAB.COM

Community Development Director Paternoster presented the staff report. Planning Officer Ryan was also available to answer questions.

Mayor Walker opened the public hearing at 8:10 p.m.

Jay Paul, Applicant, reiterated that they were not doing anything other than what was previously approved.

Werner Gans asked if buildings had been approved. Community Development Director Paternoster responded that the buildings are currently under construction and almost complete.

Mayor Walker closed the public hearing at 8:12 p.m.

Vice Mayor Fowler moved and Councilmember Miller seconded, introduction and first reading of the ordinance. The motion carried unanimously.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE PRECISE ZONING PLAN, ZONING DISTRICTS MAP, TO REZONE CERTAIN PROPERTY LOCATED AT 804-811 ELEVENTH AVENUE FROM M-3 (GENERAL INDUSTRIAL) DISTRICT TO M-3/PD (GENERAL INDUSTRIAL/PLANNED DEVELOPMENT) DISTRICT

Vice Mayor Fowler moved and Councilmember Miller seconded, to adopt the Negative Declaration and approve the Rezone, Special Development Permit. The motion carried unanimously.

Vice Mayor Fowler moved and Councilmember Miller seconded, to approve the Tentative Map in accordance with Planning Commission's recommendation. The motion carried unanimously.

Interim Director of Human Resources Schwabe presented the staff report.

Mayor Walker opened and closed the public hearing at 8:16 p.m.

Councilmember Roberts moved and Councilmember Vorreiter seconded, to take no action to amend the Employer-Employee Relations Code at this time. The motion carried unanimously.

Finance Director Bradley presented the staff report. Paul Rosenthal of E.J. De La Rosa & Co. and Bill Madison of Jones Hall were also available to answer questions.

Mayor Walker opened and closed the public hearing at 8:19 p.m.

Vice Mayor Fowler moved and Councilmember Risch seconded, adoption of the resolution.

Resolution No. 125-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS FOR THE GOVERNMENT CENTER SITE ACQUISITION PROJECT, AUTHORIZING AND DIRECTING THE SALE OF CERTIFICATES OF PARTICIPATION, APPROVING AN OFFICIAL STATEMENT, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO

The motion carried unanimously.

City Attorney Armento presented the staff report.

Mayor Walker opened the public hearing at 9:02 p.m.

Matt Miller, co-owner of the HipHugger Club stated he is in support of the City Attorney’s recommendation to approve the ordinance as written and commended her on her hard work.

Brad Clausen, co-owner of the HipHugger Club, stated they worked hard with the city attorney and is in support of the staff recommendation.

Bill Ortin, co-owner of the Kit Kat Club and the Candid Club, thanked City Attorney Armento for an excellent job and supports the staff recommendation.

Mayor Walker closed the public hearing at 9:15 p.m.

Councilmember Roberts moved and Councilmember Miller seconded, introduction and first reading of the ordinance.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING CHAPTER 9.38 "UNLAWFUL EXPOSURE OF PRIVATE PARTS OF FEMALE BREASTS" AND RETITLING AND AMENDING CHAPTER 9.40, "ADULT ENTERTAINMENT ESTABLISHMENTS - LICENSES," TO CHAPTER 9.40, "ADULT BUSINESSES"

Councilmember Vorreiter requested a friendly amendment to the conditions of approval as follows: a current named establishment under the current business owner relocating at another site within the community, subject to compliance with all zoning ordinances and approval by the city council of the new location, shall retain continued protection under the grandfathering clause of the ordinance.

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

City Attorney Armento stated that incorporation would be to Municipal Code 9.40.230 - Application to Existing Establishments.

Councilmember Risch offered a friendly amendment to limit the expansion of adult businesses that relocate to no more than a 25% increase in current square footage of the business.

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

The motion carried by the following roll call vote:

No action was taken on this item.

Councilmember Valerio gave an update of Cal Train scheduled work involving the closure of Mary Avenue and Sunnyvale Avenue to level and smooth the crossings. He asked staff if this information could be broadcast for public information.

Councilmember Vorreiter responded to a letter received by Council from a citizen concerned about school enrollment boundaries. The Councilmember stated that as a City Council it is not their role to establish school boundaries, and that school boundaries were created long before city boundaries. She provided information on district transfers and urged residents to explore school district boundaries when moving.

Mayor Walker stated that he participated in a regional energy summit with other mayors and requested a study session on the energy outlook for the City of Sunnyvale. Councilmembers agreed to Tuesday, March 27 at 4:30 p.m. for the study session.

Councilmember Miller requested the Wolfe Road project item be added to a future Council agenda.

City Manager LaSala stated that an information item on the Wolfe Road project is scheduled for March 27 and that a VTA representative will also be present to answer questions.

City Manager LaSala informed Council of an enforcement issue currently being pursued by the Neighborhood Preservation Division of the Community Development Department and the City Attorney’s Office. He provided Council with photos of the residence at 451 East Washington Avenue. He further stated that action may lead to demolition due to safety hazards.

Mayor Walker declared the meeting adjourned to the Financing Authority at 9:45 p.m.

Respectfully submitted,

Rosemary V. Staal
Sr. Office Assistant/
City Clerk’s Office