The City Council of the City of Sunnyvale adjourned from a 6:00 p.m. Study Session regarding Revenue Sources for Major Transportation Capital Improvement Projects/Future Transportation Improvements, and a 7:00 p.m. Study Session regarding the Downtown Streetscape Features and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:30 p.m. with Mayor Fowler presiding.

Mayor Fowler led the salute to the flag.

Romie Georgia, Volunteer Services Manager, acknowledged the City's many volunteers for their service and support to a wide variety of programs.

Mayor Fowler proclaimed the week of April 21 through 27, 2002 as National Volunteer Week in the City of Sunnyvale and presented the proclamation to Ms. Georgia and the volunteers.

Mayor Fowler presented the award to Grace Kim, Finance Manager. He noted that the City has received this award thirteen times.

Officer Ralph Chavez presented the award to Councilmember Vorreiter.

Councilmember Vorreiter offered a challenge to her constituents for the 2003 Shootout.

Michael Flores, a member of the public, encouraged citizens to visit the City's website to view the Redevelopment Plan.

Connie Porterly, representing the Kiwanis Club, announced a Wine, Cheese and Chocolate Tasting fundraiser to be held on April 27, 2002 at the Four Points Sheraton from 6:30 to 9:30 p.m.

Elaine Rowan, Chairman of the S.N.A.I.L. Neighborhood Association, thanked the Council for participating in a neighborhood meeting on April 4, 2002. She presented a T-shirt to each of the Councilmembers.

Councilmember Valerio made the following announcement on behalf of the Council:

On April 24th from 2:00 - 4:00 p.m., the City of Sunnyvale will break ground on a new Senior Center. The public is invited to join the groundbreaking ceremony, which will be held at the new Senior Center site on the Community Center campus located at 550 E. Remington Drive.

The new 23,000 square foot, one-story facility will take about 12 months to build and is expected to be open next spring. The facility will boast such features as a beautiful multipurpose room with a stage, adjacent patio, and a magnificent view overlooking the pond. It will also include health and counseling facilities, reception and lounging areas, and six activity rooms for a wide range of senior programs.

For more information about the groundbreaking ceremony, visit Sunnyvale's website at www.ci.sunnyvale.ca.us.

Vice Mayor Miller announced that Earth Day is Monday, April 22^nd and invited citizens to participate in various regional events that are being held.

City Manager LaSala requested that item 1.G. be continued to April 23^rd, and item 1.N. pulled for discussion.

Michael Flores, a member of the public, requested items 1.D., E., F., H., I., and K. pulled for discussion.

Councilmember Vorreiter requested item 1.T pulled for discussion.

Vice Mayor Miller moved, and Councilmember Howe seconded approval of the consent calendar with the exceptions of items 1.D., E., F., G., H., I, K., N. and T. The motion carried unanimously.

Human Resources Director Gregersen presented the staff reports for items 1.D., 1E., 1.F., 1.H. AND 1.I. He responded to questions from Council regarding temporary employees and the process to transition to permanent employment status while the permanent classification is being created. There are currently no managers in the transition class but, in the event that through the conversion there is a need for a management position, there will be a place for that position.

Vice Mayor Miller asserted that she in not in favor of contracting out for any City positions.

Director Gregersen gave assurances that the positions are fully benefited and will be assigned to the bargaining units.

Mayor Fowler opened the Public Hearing at 8:10 p.m.

Michael Flores, a member of the public, expressed concerns for the transitional status and does not see the justification for the need. He would like to see the salary and benefit information before the Council takes action on the items.

Councilmember Risch clarified that this action does not create new positions but only creates new classifications.

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

Motion by Councilmember Walker, and seconded by Councilmember Risch, to adopt items 1.D. 1.E., 1F., 1.H. AND 1.I. The motion carried unanimously.

Mayor Fowler requested that the Council consider a Study Issue on the temporary employment policies. He is concerned about the gap in benefits that temporary workers experience.

City Manager LaSala gave a brief staff report.

Councilmember Vorreiter noted that this adjustment would put the allocation at 40% beyond the expense budget. She asked if there are any activities that could be relinquished by either the Mayor or Vice Mayor.

Vice Mayor Miller explained that she has 28 IGR assignments. These commitments entail numerous extra meetings and travel. She noted that she was foregoing at least one conference, Women in Municipal Government, that she would usually attend.

Mayor Fowler stated that crucial national issues would be discussed at the Mayor's summer conference. He noted that Homeland Security is guided by Home Rule and therefore it is critical for the City of Sunnyvale to be involved in these discussions.

Councilmember Vorreiter declared that she has declined appointments and conferences due to the budget constraints.

Vice Mayor Miller affirmed that it is important the City of Sunnyvale be included at the State and Federal level.

Councilmember Valerio received clarification from the City Manager that there are existing funds within the program and, therefore, a budget modification is not necessary.

Mayor Fowler opened the Public Hearing at 8:35 p.m.

Michael Flores, a member of the public, asked to review the expense reports.

Thom Mayer, a member of the public, thanked Council for the hours spent to represent the City of Sunnyvale at regional, state and national arenas.

Dave Simons, a member of the public, expressed his appreciation to the Council for taking the time to be informed which serves to represent the City well.

Mayor Fowler closed the Public Hearing at 8:40 p.m.

Councilmember Walker moved to approve the budget adjustment in the amount of $2,800 for Mayor Fowler and $2,500 for Vice Mayor Miller. The motion carried with Councilmember Vorreiter dissenting.

Councilmember Risch would like a discussion at the budget hearing on reasonable extra needs of Councilmembers regarding travel budgets.

Mayor Fowler formed an adhoc task force to assess Council budget requirements. He appointed Councilmember Risch to convene, and Vice Mayor Miller and Councilmember Howe to serve on the task force.

Diana Peattie, Associate Planner, presented the staff report. She explained the reason that the use permit is required. Adequate trash services are provided and stated that the site exceeds the parking standards.

Mayor Fowler opened the Public Hearing at 9:05 p.m.

John Costello, owner/applicant, introduced his financial advisor, Martin Zak.

Mr. Zak methodically and comprehensively argued the merits of the following five points drawn from the Frangieh's appeal letter: 1) Java Street Café is a family owned business and Subway is not; 2) Java Street Café generates taxes for the City; 3) competition will hurt Java Street Café's business; 4) parking is not adequate; and 5) trash service is not adequate.

Simon Siniora and Angela Frangieh, appellants, believe that there is not adequate parking to accommodate an additional restaurant. They are also concerned that the applicant will expand the size of the shop in the future. They stated that another sandwich shop would have serious adverse affects on their business and possibly force them to close. They think that two restaurants are an adequate number for the shopping center. The parking lot, on an average, is only about 75% full now but when the economy is better there will be a problem with parking. They alleged that allowing more restaurants and competition is not supporting the socio-economic sub-element. Larger and additional trash bins have been provided, and the City has increased garbage pick up to twice a week.

Councilmember Risch clarified the formula for determining the standards and that the parking is sufficient.

Dave Simons, Vice Chair of the Planning Commission, reported that the decision to deny the appeal was based on land use. Several site visits were made to monitor parking and trash, and their findings were taken into consideration when they considered the application.

Michael Flores, a member of the public, questioned the need to increase the number of permits since the economy is down.

In response to Councilmember Risch, Ms. Peattie explained that the Planning Commission voted to increase the number of use permits from two to three based on changing circumstances in the community.

Martin Zak, representing the applicant, stated that the Planning Commission agreed that there is a need for additional restaurants in the area.

Angela Frangieh, appellant, argued that there are 13 restaurants in the area and another one is not needed. She urged the Council to grant the appeal.

Mayor Fowler closed the Public Hearing at 9:50 p.m.

Councilmember Walker moved, and Councilmember Risch seconded, to deny the appeal and approve the Use Permit with the following conditions of approval:

1. This Use Permit shall expire within two years from the date of approval if not exercised.
2. Any expansion or major modification of the approved 930 sq. ft. restaurant shall be approved by the Director of Community Development through a subsequent Administrative Hearing. Minor modifications may be approved at staff level with the Director of Community Development.
3. The applicant/property owner shall comply with all previous Conditions of Approval.
4. The applicant/property owner shall obtain the necessary building permits as required by Sunnyvale Municipal Code 16.18.020
5. All exterior trash shall be confined to approved receptacles and enclosures. The location of the gated trash enclosure shall be shown on the site plan for the building permit application.
6. The applicant shall procure County Health approval prior to submitting for the building permit.
7. a) Add cardboard recycling services with a container to be located at the eastern trash enclosure prior to issuance of any building permits for the third restaurant. Coordinate service levels (size of container and frequency of collection) with the Solid Waste Program Manager.
   b) Increase collection frequency of trash, if necessary, to maintain the site in a clean and healthy condition.

The motion carried unanimously.

Councilmember Walker stated that the property owner has a right to fair use of his property. The decision must be made on land use and not on how the appellant will be affected financially.

Fred Wiesinger, BPAC member, gave an update of the sidewalk closures in the downtown area. He reported there are plans to open the sidewalk in front of the Caltrain parking garage next week. He commended the Public Works Department and the City Manager for their help.

Thom Mayer, a member of the public, suggested pavement treatments inside the intersections in the downtown area. Regarding the Council's travel budget, he advocated that no tax dollars be spent on alcohol.

Chun Lee, a member of the public, explained the principles of Falun Gong. She noted that the Chinese consulate has tried to interfere with the rights of Falun Gong practitioners in the United States.

Councilmember Howe requested an update on the Juniper Network/Menlo Equities project.

Vice Mayor Miller commented that the crime statistics on auto burglaries seem to reflect a significant increase. She would like to review any existing outcome measures, to determine if the statistics match the outcome measures. She requested a New Study Issue on the Review of the Miscellaneous Planned Permit Process.

Mayor Fowler referred to a letter from Cupertino Mayor Lowenthal requesting participation in funding a structure for pedestrians and bicyclists to cross interstate 280. Mayor Fowler also referred to his own letter to the Council on the subject, sent on April 8^th.

Mayor Fowler asked Council to give staff direction o this issue. Councilmember Risch suggested that:

1. The Council should hear a presentation of the particulars of the project from representatives of Cupertino during a study session or workshop, and
2. The Council should ask the bicycle and Pedestrian Advisory Committee to review the request with the staffs of both cities and give a recommendation to the Council.

Councilmember Risch's suggested direction was approved by the Council without opposition.

Mayor Fowler declared the meeting adjourned at 10:20 p.m.

Respectfully submitted:
Susan Kitchens, City Clerk