The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Closed Session regarding Labor Relations-Negotiations with SEIU/SEA pursuant to Government Code Sec. 54857.6 and a 7:00 p.m. Study Session regarding the City Manager and City Attorney Review Procedures, 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.

Sam Guo, a member of the public, invited the Council to an upcoming event in San Francisco on October 16 at 12:00 p.m., celebrating the first California Falun Pafa Month. He asked the City to issue a proclamation recognizing this event.

Lisa Tam, a member of the public and a candidate for Fremont High School District Board of Trustees, invited the community to an informal gathering at 7:00 p.m. on September 24, to discuss issues facing Sunnyvale’s school districts. This gathering will take place at home Liz and Frank Tadman at 6139 Prospect Road in San Jose.

Werner Gans, a member of the public, announced a City Outreach meeting at Fair Oaks Park at 7:00 p.m. to review the new City Plan. He encouraged citizens to attend and express their opinion.

Councilmember Pat Vorreiter made the following announcements on behalf of the Council:

The City of Sunnyvale, with the Sunnyvale Planning Commission, have been conducting public outreach meetings regarding the Downtown Design Plan. The purpose of these meetings is to provide information about the conceptual plan and obtain feedback from residents that will guide the City towards developing a high-quality downtown. There is one more meeting left, and she encouraged all interested citizens to attend. This meeting will be held on Wednesday, September 25^th at Fair Oaks Park on Fair Oaks Avenue at 7:00 p.m. For more information, please contact Diana O’Dell, Project Planner, at 730-7452.

The City Council is hosting two community information meetings regarding the new Single Family Home Design Guidelines. On July 23, 2002, the City Council approved a new set of design guidelines for single-family homes and additions. The new policies contain more numeric standards and detailed direction regarding issues such as entry height, garage size, and second story dimensions. The purpose of these meetings is to educate the community about the new guidelines. The meetings will include a presentation from staff on the new guidelines as well as an opportunity for questions and answers about the guidelines.

The first meeting will be held on Monday, October 7th at the Serra Park Building from 7:00 p.m-8:15 p.m. The second meeting will be held on Thursday, October 10^th at the Washington Park Building from 7:00 p.m-8:15 p.m.

Councilmember Vorreiter recognized the staff of Sunnyvale’s Parks and Recreation Department for hosting the International Street Faire last Saturday. She also commended Public Safety for their efforts for emergency preparedness, noting the leadership, flexibility and perception that DPS has managed throughout this time of change.

Councilmember Howe announced the first annual "Walk to School Day" on Wednesday, October 2. The event will take place nationwide with a focus on the benefits of walking instead of driving to school.

Councilmember Risch announced that the Governor signed into law three bills designed to mandate that San Francisco repair and rehabilitate the Hetch Hetchy water system. He thanked Public Works for their efforts to support passage of the bills.

Vice Mayor Miller announced that the Council met in two closed sessions, regarding labor negotiations with SEIU and SEA and management negotiations. Direction was given but no action was taken.

Robert LaSala, City Manager, pointed out the cards and pins on the dais were from Pamela Dunn who made a contribution on behalf of the City Council to the Olympic Committee.

Councilmember Risch requested that the Mayor send Ms. Dunn a thank you note for her contributions. Mayor Fowler suggested sending a thank you card with all Council member’s signatures.

Councilmembers Valerio and Walker noted their abstention on item 1.A. since they were absent from the September 17, 2002 Council Meeting.

Werner Gans, a member of the public, requested item 1.K. be pulled for discussion.

Motion by Vice Mayor Miller, and seconded by Councilmember Howe, for approval of the Consent Calendar, with the exception of item 1.K. The motion carried unanimously.

Byron Pipkin, Public Safety Captain, and Blaine Salley, Fire Marshal, presented the staff report. Mr. Pipkin explained the three amendments to change the California Fire Code which addresses the stationary lead-acid battery system, fire fighter air system and residential sprinkler requirements for remodels. He also discussed the change to the building standards for buildings exceeding 75 feet in height asking for an increase in the height requirement for helicopter landing pads to 150 feet and a fire fighter air system be installed in all high rise buildings.

Mayor Fowler asked for clarification on the issue of air supply for fire fighters.

Mr. Pipkin responded it is the full system in that the fire fighters could go to a designated location and refill their bottle, and there would be inspections to make certain the equipment was operable.

Mayor Fowler opened the Public Hearing at 8:56 p.m.

Werner Gans, a member of the public, asked about sprinkler requirements on Murphy Avenue and other high density areas. Mr. Gans was concerned about a restaurant on Murphy that was refurbished with no sprinklers.

Blaine Salley, Fire Marshal, responded that a building has to be 5000 square feet before it is required to have sprinklers. Mr. Salley noted that if no alcohol is served, the requirement goes to 6200 sq. ft. with increases up to 10,000 sq. ft. depending on the type of structure.

There was further discussion to clarify the 5000 sq. ft. requirements including attached buildings and the issue with the Murphy Avenue refurbished restaurant not having a sprinkler system.

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

Councilmember Walker moved, and Councilmember Vorreiter seconded, to adopt the California Fire code amendments recommended by staff and to have a study item to look at buildings with a common wall or close proximity sprinkler requirements.

Mayor Fowler offered a friendly amendment to look at reducing the number of square feet required for sprinklers for both commercial and residential buildings. The amendment was accepted.

The motion carried unanimously.

ORDINANCE NO. 2702-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING CHAPTER 16.52 OF THE SUNNYVALE MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2001 CALIFORNIA FIRE CODE AS THE FIRE CODE OF THE CITY OF SUNNYVALE

ORDINANCE NO. 2703-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING CHAPTER 16.54 OF THE SUNNYVALE MUNICIPAL CODE PERTAINING TO BUILDING STANDARDS FOR BUILDINGS EXCEEDING SEVENTY-FIVE FEET IN HEIGHT

RESOLUTION NO. 183-02: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE FINDING AND DETERMINING THE NEED FOR MODIFICATIONS TO THE 2001 CALIFORNIA FIRE CODE

Robert Pasternoster, Director of Community Development, stated he had received more comments than expected on this issue and there were concerns from the industrial community. The Planning Commission would like more time to assess the comments.

Mayor Fowler opened the Public Hearing at 9:09 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Howe moved, and Councilmember Walker seconded, to continue the item to October 22, 2002. The motion carried unanimously.

Greg Kevin, Captain and Manager of the Animal Control Program and David Johnson, Senior Management Analyst, presented the staff report. Mr. Kevin detailed the current status, the issues with the Animal Shelter and the Silicon Valley Animal Control Authority (SVACA), and new alternatives that have surfaced in their research. He highlighted flaws in the original analysis, the Humane Society not submitting a proposal, the increase in sheltering fees to SVACA and that BART will not be available to the shelter site. SVACA Board Members have asked Sunnyvale staff to test assumptions and identify alternatives. He noted that the City of Palo Alto’s position had changed and they are now interested in sheltering Sunnyvale animals. Proposals were solicited from both the City of Palo Alto and the Humane Society. The Humane Society declined to submit a proposal based on political pressure on their Board. Palo Alto’s proposal would result in a savings of $2.1 million. Mr. Kevin cautioned that there is more research to be done on Palo Alto’s proposal and with SVACA issues. Staff would like the Council to grant a 30 day extension to do more research and come back to Council with a recommendation.

Councilmember Walker inquired if the letter asking for an extension was sent and if the extension is not granted, what would be the next steps.

Mayor Fowler responded that the shelter project was looked at very carefully and noted the original date has already been missed. He reviewed the history of why the shelter was not yet built and opined that Sunnyvale’s response would indicate that the City of Sunnyvale wants out of the shelter project. He would like to earmark money for the project and request the 30 day extension.

There was discussion regarding the political issues regarding the withdrawal of the Humane Society’s proposal and the SVACA costs.

Councilmember Risch gave a brief history of the increased cost for the shelter and the Humane Society and Palo Alto proposals. He stated that he believed we should not earmark money until more research is completed and does not feel this sent a message that the City of Sunnyvale is not interested in the project.

Councilmember Risch asked if SVACA was asked for a proposal and suggested that SVACA get a bid from the Humane Society.

Mr. Kevin responded that if the SVACA Board requests a bid for services, the Humane Society would submit a proposal.

Mayor Fowler asked what questions had not yet been answered by SVACA.

Mr. Johnson stated that the questions were in active status and SVACA received the questions last Friday in their present form.

City Manager LaSala stated that the City Managers of member cities plan to meet and discuss this further and have asked the Finance Director and staff from Cupertino and Sunnyvale to work on framing technical issues and questions based on the preliminary analysis. Additionally, the City Managers will work with SVACA.

Mayor Fowler made inquiries regarding the costs associated with SVACA, when they were made known to the City of Sunnyvale and how did Sunnyvale determine their portion of the cost.

Mary Bradley, Finance Director, stated that Public Safety received the preliminary budget in January 2002. The proposed budget was $529,000 but dropped to $398,000. This was adopted by the SVACA Board in May. She stated she wanted to make certain Sunnyvale was paying the proper amount. She further stated there were no data points a year ago to do an analysis and that cities rushed to come up with a solution due the passage of the Hayden Bill. She further stated that Sunnyvale’s portion of the cost was based on population, number of licensed animals, and duration of shelter stay and did not reflect the current population.

Mayor Fowler expressed concern that the formula is faulty and asked if it could be modified.

Valerie Armento, City Attorney, stated the formula could be amended if it had 5/7ths (super majority) vote of the SVACA Board after two fiscal years.

Councilmember Risch asked if the Humane Society would continue to provide service to Sunnyvale and Mr. Kevin responded they will continue to provide service for the next 3-5 years.

Councilmember Walker questioned the representation on the Technical Advisory Council (TAC), and why the numbers were not generated by the TAC Board rather than SVACA.

Mr. Johnson responded he is a member of TAC and did not know the reason the numbers were not generated by the TAC. The information was shared and they have always invited the General Manager of SVACA. He further stated that questions were evolving with SVACA.

Mayor Fowler opened the Public Hearing at 9:50 p.m. and, there being no public comment, closed the Public Hearing.

Councilmember Vorreiter moved, and Councilmember Walker seconded, to send a letter to SVACA Board of Directors on behalf of the Mayor and City Council requesting an extension of time to comply with its shelter construction appropriation request so that staff can obtain answers to operating and related cost allocation questions from SVACA; authorize Staff to receive and evaluate the final proposal from Palo Alto Animal Services for Provision of Animal Sheltering Services; and reach out to the Humane Society to request they submit a proposal for services to Sunnyvale.

Councilmember Walker offered a friendly amendment that the Mayor send letters to all the SVACA Board members individually. The amendment was accepted.

Mayor Fowler offered a friendly amendment that $431,000 be earmarked in the non-recurring events fund, should we choose to continue with the SVACA Shelter. The amendment was not accepted.

Mayor Fowler moved, and Councilmember Howe seconded, to amend the motion that $431,000 be earmarked in the non-recurring events fund should we choose to continue with the SVACA Shelter. The motion failed on a split vote with Councilmembers Valerio, Vorreiter, Walker, Risch and Vice Mayor Miller dissenting.

Councilmember Risch offered a friendly amendment to ask the SVACA Board to reach out to the Humane Society for a proposal. The amendment was accepted.

The main motion carried with Councilmember Howe abstaining, and Mayor Fowler dissenting.

No action was taken.

Mayor Fowler posed questions to the City Manager regarding the Office of Emergency Services and the Sunnyvale Preparedness Program.

City Manager LaSala responded that he will undertake the appropriate research and respond in a reasonable period of time.

There were no comments.

Mayor Fowler declared the meeting adjourned at 10:12 p.m.

Respectfully submitted:
Susan Kitchens, City Clerk