Mayor Frederik M. Fowler
Vice Mayor Julia Miller
Councilmember Manuel Valerio
Councilmember Pat Vorreiter
Councilmember Jack Walker
Councilmember Tim Risch
Councilmember John Howe

List of Claims and Bills Approved for Payment by the City Manager (#084 and #085)

Award of Contract for Heating, Ventilating and Air Conditioning System Design for the City Hall Annex and Construction Support Services (#F0202-48)

Communications Officers Association (COA) Reduced Time Job Status Program

Staff Recommendation: Approve adoption of the tentative agreement, made between the City and COA for the Reduced Time Job Status Program, and the amendments to the Salary Resolution; authorize the Director of Human Resources to execute the agreement on behalf of the City effective March 17, 2002.

Proposed Program Outcome Statements, Program Intended Results, and Weighting for the Restructured Child Care Services and Organizational Effectiveness Programs in the Office of the City Manager

Staff Recommendation: Approve the proposed program outcome statement, outcome measures, and weighting for the following restructured programs: Child Care and Organizational Effectiveness.

Authorization for the NOVA Job Training Consortium to Apply for Workforce Investment Act Funding to Assist Technology Workers to Become Classroom Teachers

Staff Recommendation: Approve the submission of a Technology-to-Teaching proposal not to exceed $800,000 to the State of California.

Award of Bid No. F0110-27 for the Construction of the Sunnyvale Senior Center and Budget Modification No.22

Robert Walker, Director of Parks and Recreation, presented the staff report. He stated that if the Council approves the contract with Thompson Pacific Construction the groundbreaking would take place on April 24, 2002. He clarified what costs are included in the base bid and the five additive alternates.

Mayor Fowler opened the Public Hearing at 8:02 p.m.

Helen DeWolfe asserted her strong advocacy for this project and expressed her enthusiasm by offering to don a hard hat, pick up a shovel and exclaiming, "Let's Roll!"

Dave Simons, a member of the public, stated that he would like the improved parking lot standards be applied to the project. He is particularly interested in the new tree canopy standards.

Ron Swegles, representing the Senior Advisory Council, reported that the Senior Council is pleased with the report.

Vice Mayor Miller moved, and Councilmember Vorreiter seconded, to award a contract in the amount of $7,988,000 to Thompson Pacific Construction, Inc. for the construction of the Sunnyvale Senior Center, including base bid and all five (5) additive alternates; authorize a construction contingency in the amount of $700,000; and approve Budget Modification No. 22. Councilmember Walker offered a friendly amendment that staff comes back with an analysis on the feasibility of applying the tree canopy standards to the project. The amendment was accepted by the maker and second of the motion. The motion carried unanimously.

City of Sunnyvale - Annexation of County Pockets and Set a Date for Consideration of an Area Designated as De Anza 02-01 (Crawford Drive Annexation)

Erwin Ordonez, Associate Planner, presented the staff report. He responded to questions posed by Council noting an extensive outreach to notify the residents. Public meetings had been held and no opposition had been expressed.

Mayor Fowler opened the Public Hearing at 8:15 p.m.

Cassie Webb, a member of the public who resides on Crawford Drive, stated that the residents are in favor of the annexation. She noted that since there are no gutters or sidewalks on Crawford Drive, the residents do not want the services of the street sweeper.

Public Works Director Rose stated that he understands their request, but the City is required under the National Food and Elimination System to maintain the street but will endeavor to limit the impact.

Mayor Fowler closed the Public Hearing at 8:18 p.m.

Councilmember Walker moved, and Councilmember Risch seconded, to adopt a resolution Initiating Annexation Proceedings and Setting a Date for Consideration of Reorganization of an area designated as De Anza 02-01. The motion carried unanimously.

ORDINANCE
RTC 02-092

Trudi Ryan, Planning Officer, presented the staff report. She responded to questions from Council regarding floor area ratio (FAR) thresholds, second story additives, setback requirements, and required square footage for garages.

Dave Simons, Planning Commission Vice Chair, advised the Council that the Planning Commission supported the recommendations. The Commission is amiable to reviewing projects that may be questionable.

Mayor Fowler opened the public hearing at 8:41 p.m.

Wilma Anderson, a member of the public, expressed concerns relating to compatibility and privacy issues.

Werner Gans, a member of the public, asserted that the title of Single Family Design Guidelines booklet is misleading. He suggested that it be called a handbook because it does not allow for deviations.

Mayor Fowler closed the Public Hearing at 8:55 p.m.

Motion by Councilmember Walker, seconded by Councilmember Vorreiter to adopt the changes of lowering the FAR threshold for the R-O, instituting a square footage threshold for R-0, R-1 and R-2, and requiring all second story additions to be reviewed through Design Review, amending Sunnyvale Municipal Code Sections 19.32.030, 19.80.030, and 19.80.040. Institute the policies of prohibiting additions along non-conforming setbacks and revising notification procedures to include neighborhood associations for design reviews requiring Planning Commission review and properties across the street for any two-story design review. Councilmember Risch offered a friendly amendment to review the statistics of the number of households in the 45 to 60 percent range that were reviewed by the Planning Commission and their status in one year. The amendment was acceptable to the maker and second of the motion. The motion carried unanimously.

Consent And Agreement for Sale of Town Center Mall by Sunnyvale, LLC, to SVTC, LLC.

Robert Paternoster, Director of Community Development, presented the staff report. He noted that the close of escrow had moved from March 20 to March 25, 2002. He explained the changes that are included in the assignments to the new owners reflected in the Consent and Agreement. He noted that Sunnyvale LLC will reimburse the City for work to refurbish the parking deck in the amount of $339,000.

Mayor Fowler opened the Public Hearing at 9:10 p.m.

Elliott Barnett and Todd Ruebel, the new owners, reported a pleasurable working relationship with the staff. Mr. Barnett outlined the future plans for the mall. He projected the improvements would take sixteen to eighteen months to complete.

Mayor Fowler closed the Public Hearing at 9:15 p.m.

Councilmember Walker moved, and seconded by Councilmember Risch, to approve the Consent and Agreement. The motion carried unanimously.

Appeal of a Decision by the Planning Commission Denying a Use Permit to Allow Co-location of a New Monopole at 1279 Sunnyvale-Saratoga Road (Fremont High School).

Trudi Ryan, Planning Officer, presented the staff report. She gave the reasons for the Planning Commission's denial of the Use Permit Application. Staff has worked with the applicant for many months to identify a suitable site. A synthetic tree monopole was not an acceptable alternative to the site. In response to queries from Council, she clarified that there had been no opposition from the neighborhood and was acceptable to the Fremont High School District. The high school is very restrictive on the location of the monopole.

Dave Simons, Planning Commission Vice Chair, reported that the Planning Commission decided the aesthetics would be compromised with the installation of the monopoles.

Mayor Fowler opened the Public Hearing at 9:31 p.m.

Russ Vincent, of Crown Capital, representing Verizon Wireless, submitted a handout of the site plan of the proposed locations and visual impacts. He noted the fencing and vegetation that would create a visual barrier.

Russ Vincent, Senior Radio Engineer with Verizon Wireless, presented overheads that displayed the coverage areas. There are three areas in Sunnyvale that lack indoor coverage and this site would fill in the major hole.

Bill Savage, Fremont High School District Director of Facilities Modernization, reported that after notification to the surrounding neighborhood, no objections had been received. He stated that the district supports the monopole as the income bolsters the athletic program. He explained that whereas there are other areas on the campus, the site has not been master planned and would like to preserve it for a future building.

Margaret Jungling, a member of the public, supports the appeal and welcomes the financial support to the high school. She thinks it would be a disservice to the citizens to deny the permit, as there had been no objections by the residents.

Frank Kellers, a member of the public, supports the appeal. He noted that it is inconvenient to have areas that are not covered.

Werner Gans, a member of the public, expressed concern for student's safety.

Mayor Fowler closed the Public Hearing at 10:13 p.m.

In response to Vice Mayor Miller's query, and Mr. Gans' concern, Mr. Vincent explained that the cumulative EMF emissions of all the antennas are less than 1%, which meet the FCC standards.

Motion by Councilmember Risch, and seconded by Councilmember Valerio to adopt the Negative Declaration, grant the appeal and approve the Use Permit with conditions. Councilmember Vorreiter offered a friendly amendment to add a condition No. 17 stating that the applicant would verify that the facility not interfere with the signaled traffic light at the intersection of Fremont and Saratoga/Sunnyvale Road. The amendment was accepted by the maker and second of the motion. The motion carried unanimously.

ORDINANCE
RTC 02-1CA

Election Related Issues

City Attorney Armento presented the staff report. She reviewed four areas covered in the report. She responded to questions raised by Council on the petition in-lieu process, financial disclosure and the basic filing process.

Mayor Fowler opened the Public Hearing at 10:33 p.m.

Thom Mayer, a member of the public, suggested that candidates submit their financial statement in an electronic format.

Councilmember Howe moved, and Vice Mayor Miller seconded, to revise the Sunnyvale Municipal Code Section 2.28.010 as recommend by introducing the accompanying ordinance. This would clarify some of the filing process and petition in-lieu process, as well as update the Election Code references, and direct the City Clerk to report on the process 90 days after the next municipal election. Councilmember Vorreiter offered a friendly amendment to change the value of the in-lieu signatures to a pro rata amount for each valid signature, and Councilmember Walker offered a friendly amendment that staff post the candidates' financial information on the City's website. The maker and second of the motion accepted both of the amendments. The motion carried unanimously.

All recommendations and changes to be effective retroactively to November 2001.

1. Technology Fund: An amount of $2,000 is recommended for the acquisition of capital equipment per Councilmember for each 4-year term. These funds will be used to reimburse Councilmembers for the purchase of technology-related equipment that best meets the individual Councilmember’s needs including, but not limited to, the following types of equipment: personal computer, printer, laptop, personal digital assistant (PDA), answering machine, cellular telephone, or facsimile machine. These funds will be available to reimburse the Councilmembers for such purchases upon submittal of a receipt to the Mayor for Councilmembers and subject to approval by the Mayor or the City Manager for the Mayor. Staff is recommending that if Council approves this funding, Councilmembers be required, where appropriate, to purchase equipment that complies with the City’s basic standards. The Technology Ad Hoc Committee is proposing that this equipment will be considered the personal property of a Councilmember when leaving office. However, because the City is purchasing the equipment to be used for official City business, staff recommends that at the end of the 4-year term, Councilmembers would be able to purchase the equipment for the blue book value (for computer equipment) or depreciated value (for non-computer equipment) or return the equipment to the City upon leaving office.
2. Incidental Use: This technological equipment will be used for the performance of official City business. The City recognizes that incidental personal use is reasonable and, therefore, allowable.
3. Technical Support: Limited technical and maintenance support will be provided, as needed, to facilitate the use of this equipment by Councilmembers; i.e., access to City e-mail, etc. By limited support, the Committee is suggesting that support by City staff would be consistent with current support arrangements with other City employees. Staff is recommending that the City will only support equipment that meets the City’s basic standards. Over-the-telephone assistance would be available by contacting the Information Technology Department Customer Support Center during regular business hours, Monday-Friday, 8 a.m.-12 noon and 1 p.m.-5 p.m. The Councilmember will be responsible for any intentional damage to the equipment or damage resulting from gross negligence by the Councilmember or any other person who obtains access to the equipment.
4. Monthly Services Charges: Reimbursement for monthly service charges for related equipment (second telephone line for fax machine, cellular phone charges, PDA charges, Internet service provider (ISP) charges for e-mail access, etc.) will not exceed $60 per month per Councilmember. Councilmembers will be required to provide appropriate documentation of actual costs on a special Monthly Expense Form. The intention of the Committee is that this allocation would not be considered taxable income to the Councilmembers because the equipment is owned by the City and is used to conduct essential City business. This process would be consistent with the current City policy.

Councilmember Howe offered a friendly amendment regarding the verbiage in the first section to state "These funds will be available to reimburse the Councilmembers for such purchases upon submittal of a receipt to the Mayor or for Councilmembers and subject to approval by the Vice Mayor for the Mayor. This was acceptable to the maker of the motion.

The motion carried on a split vote, with Councilmembers Valerio and Vorreiter dissenting.

Mayor Fowler opened the Public Hearing at 11:26 p.m.

Thom Mayer, a member of the public, suggested discussion on multiple levels of service is included.

Ron Swegles, commended the City for exemplary emergency response service.

Motion by Councilmember Risch, and seconded by Councilmember Howe to approve the proposed agenda with the additional of the three items noted above. The motion carried unanimously.