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

Approval of Draft Minutes (June 25, 2002)

List of Claims and Bills Approved for Payment by the City Manager (Nos. 100, 101, 102)

Staff Recommendation: Approve the list of bills.

RTC 02-278

Loan Request From Sunnyvale Community Services

Staff Recommendation: Authorize the City Manager to enter into a loan agreement between Sunnyvale Community Services and the City of Sunnyvale for up to $2.5 million for the purchase of a facility to house its offices and food storage with the terms and conditions noted above and included in the Loan Agreement.

Amendments to the Classification Plan and Salary Resolution: Deputy City Clerk

Authorization to Increase Expenditures Under an Existing Contract for Electrical System Improvements at the Water Pollution Control Plant Administration Building (No. F0207-01)

Staff Recommendation: Authorize additional expenditures under an existing contract with Koffler Electrical and increase the total contact amount from $62,930 to $71,841.

Proposed Outcome Measure, Department of Finance, Financial Management and Analysis Program - Performance Auditing

Staff Recommendation: Approve the following proposed outcome measure for performance auditing and assign a weighting of 4: A minimum number of service delivery plans, or an equivalent number of operating programs, representing in dollar value at least 12.5% of the budgeted amount for all operating programs, shall be audited annually such that every program is audited within an eight-year period.

Acceptance of Improvements – Construction of Additional Median Left Turn Lanes on El Camino Real

Staff Recommendation: Accept, by resolution, the project as complete and satisfactory.

Appointment to Santa Clara Valley Transportation Authority (VTA) Bicycle and Pedestrian Advisory Committee

Staff Recommendation: Re-appoint Mr. David Simons as the City of Sunnyvale representative to the Santa Clara Valley Transportation Authority Bicycle and Pedestrian Advisory Committee.

RESOLUTION
NO. 158-02
RTC 02-283

Acceptance of Improvements – Slurry Seal Contract for Streets

Marvin Rose, Director of Public Works, presented a brief staff report.

Vice Mayor Miller requested that a list of the streets that were completed under the current contract be attached to the meeting minutes (attached) and included, as an attachment, to future resolutions accepting improvements of slurry seal work completed under contract.

Vice Mayor Miller moved, and Councilmember Howe seconded, acceptance of improvements of slurry seal contract for streets for FY 2001/2002. The motion carried unanimously.

RESOLUTION NO. 158-02: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ACCEPTING AS COMPLETED WORK FOR SLURRY SEAL CONTRACT FOR STREETS (ST-02/01-02), AUTHORIZING FINAL PAYMENT AND DIRECTING CITY CLERK TO FILE NOTICE OF COMPLETION

RTC 02-267

Association of Bay Area Government 2002/2003 Dues

Staff Recommendation: Approve the payment of the FY 2002-03 dues and continue membership in ABAG.

Consideration in Changing Industrial Zoning to Residential and Retail in the Area Bounded by SR 237, US-101 and Lawrence Expressway (continued from June 25, 2002)

Diana O'Dell, Associate Planner, presented a thorough analysis of the area impacted by the proposed rezone. She reported that the study had identified the need for additional housing units. Trudi Ryan, Principal Planner, assisted Ms. O'Dell in responding to questions from Council and audience members. The discussion touched on mitigation measures for the City-owned parcels, adequacy of the sewer and water infrastructure, future plans for the City-owned parcels, housing ownership opportunities in a medium and high-density residential area, and the availability and location of land for commercial uses.

Vice Mayor Miller questioned the availability of open space or recreation areas. Ms. Ryan responded that there is 5.3-acre parcel in the area that is owned by the City, which has been designated as a future park site.  She also gave the assurances that there is adequate infrastructure for water and sewer services in the area for development.

Councilmember Walker stated that removing the Industrial to Residential (ITR) designation encourages residential development.

Councilmember Risch encouraged residential development and also supports a commercial center to co-exist with housing units. He noted that the study shows that there will be a demand for a commercial center adjacent to the housing. He advocates that land be set aside to assure the opportunity for commercial use.

Ms. O'Dell identified several alternative sites for commercial development. She reviewed the outreach efforts and the feedback that was received from citizens.

Ms. Ryan explained the limitations of business opportunities relative to the acreage of the site. Other factors that merchants consider are accessibility and visibility from major roadways.

Dave Simons, Planning Commission Chair, reported the Planning Commission had heard this item on June 10, 2002 and gave their recommendations. He stated that the Commission's preferred site for retail is at the intersection of Fair Oaks and Weddell Drive.

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

Robert Chao, property owner, expressed concern that by removing the ITR designation some properties would be in non-conformance. He supports the R-4 (high density) and retaining the ITR designation.

Steve de Simon, Traditions of Sunnyvale Homeowners Association, presented a slide show of the viewscape from his complex. This included the 2.16-acre City-owned parcel that is in need of landscaping improvements.

Joseph Head, Summerfield Homes, stated that he has three properties that he is considering for high-density development. He favors commercial development further to the south. He thinks that light rail is an important element for the residential area.

Venus Deharrizotigon, does not support commercial uses in the immediate vicinity of residences.

Thom Mayer, a member of the public, suggested designating a commercial site between Hwy 101 and SR 237. He asserted that the current street does not support pedestrian traffic and the shoulders do not accommodate bicycle traffic. He encouraged the Council to address the needs and plan for better access for both bicycles and pedestrians in the area.

Mayor Fowler closed the Public Hearing at 9:34 p.m.

Councilmember Walker moved, and Councilmember Risch seconded to:

1. Adopt the Mitigated Negative Declaration.

2. Amend the General Plan in the study area to allow Medium and High-Density Residential and up to 140,000 sq. ft. of neighborhood-serving commercial area (see attached Resolution).
3. Rezone the study area north of Tasman Drive to R-4/PD.
4. Work with retailers to encourage commercial development in this area and to identify commercial sites and linkages to the residential area.
5. Direct staff to prepare a paper for a potential Council Study Issue to examine possible development of the 2.16-acre City-owned property.
6. Sponsor a Study Issue to explore a policy for implementing a Transportation Demand Management (TDM) program for pending and future high-density residential projects.

Mayor Fowler offered a friendly amendment that staff to come back with recommendations for inexpensive beautification measures for the 2.16 City-owned property. The amendment was accepted.

The motion carried unanimously.

RESOLUTION NO. 159-02: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ADOPTING AN AMENDMENT TO THE 1972 GENERAL PLAN OF THE CITY OF SUNNYVALE, AS AMENDED, MODIFYING THE LAND USE AND TRANSPORTATION ELEMENT TO ADD A NEW LAND USE CATEGORY AND CHANGE THE LAND USE DESIGNATION FOR FUTURES SITES 7 & 8 FROM "INDUSTRIAL TO RESIDENTIAL MEDIUM DENSITY RESIDENTIAL" TO "INDUSTRIAL TO RESIDENTIAL MEDIUM TO HIGH DENSITY RESIDENTIAL"

Mayor Fowler sponsored a Study Issue to review Industrial Zones and include Business Density into the calculation.

Approval to Levy and Collect an Assessment for the Downtown Parking Maintenance District for FY 2002/2003

Therese Balbo, Finance Manager, explained the process for tabulating the ballots and discussed the options in the event that the vote does not support the proposed assessment methodology.

Mayor Fowler opened the Public Hearing at 9:56 p.m. and, there being no public comment, closed the Public Hearing.

Motion by Councilmember Walker, and seconded by Councilmember Risch to continue the item until the ballots are tabulated. The motion carried unanimously.

Downtown Parking Maintenance District Debt Service Ad Valorem Assessment for Fiscal Year 2002/2003

Therese Balbo, Finance Manager, presented the staff report. She noted that the Downtown Parking Maintenance District consists of approximately 70 parcels with over 90% consisting of commercial businesses. Approval of the debt service component will generate approximately $73,000 in 2002/2003 to pay bonded indebtedness of $72,800.

Mayor Fowler opened the Public Hearing at 9:59 p.m. and, there being no public comment, closed the Public Hearing.

Vice Mayor Miller moved, and Councilmember Risch seconded, to approve an ordinance establishing an ad valorem rate for the debt service for the Parking Maintenance District for Fiscal Year 2002/2003 at ($.0521) per $100 of assessed valuation. The motion carried unanimously.

Approval to Levy and Collect an Assessment for the Downtown Parking Maintenance District for FY 2002/2003

Mayor Fowler re-opened the item at this juncture.

Director Bradley presented the tabulation of the Downtown Parking Maintenance District assessment and stated that the assessment had failed with 43.95% in favor and 56.05% were opposed. She recommended that the City continue to maintain the parking lots within the Parking District while the parking plan is being developed. The options are to continue to maintain the lots at a reduced level or to continue at the current level for a shorter period of time.

Motion by Councilmember Walker, and seconded by Vice Mayor Miller, to continue to maintain the parking lots at a reduced level until staff formulates a long-term maintenance plan. The motion carried unanimously.

Critical Communications Skills Training and Building Community Trust Within Public Safety Work Plan

Ernie Bakin, Director of Public Safety, related that this work plan proposes to evaluate ways to increase communication between community members and the Sunnyvale Department of Public Safety. He summarized the anticipated improvements that the study will achieve.

Mayor Fowler opened the Public Hearing at 10:15 p.m.

Kevin Jackson, a member of the public, expressed support for the plan. He suggested that an additional area to examine, in the area of the public's perception of safety, is the City's streets from the bicyclist's and pedestrian's perspective.

Thom Mayer, a member of the public, endorsed surveying the entire community both geographically and demographically.

Mayor Fowler closed the Public Hearing at 10:21 p.m.

Vice Mayor Miller moved, and Councilmember Howe seconded, to approve the Work Plan to include "city streets" in the area to be examined for the perception of safety by the citizens, consider working with the Bicycle and Pedestrian Advisory Committee and investigate bicycle-training opportunities for police officers. The motion carried unanimously.

Pre-appeal of Planning Commission Agenda of July 22, 2002 and Administrative Hearing Agenda of July 24, 2002

There was no action taken.