Mayor Fowler led the salute to the flag.

*Pending Council Approval

Yolanda Risch, member of the Board of Directors of the Sunnyvale School District Education Foundation, thanked the City Council, City Manager and Assistant City Manager and all who attended the Foundation’s auction, with a special thank you to Vice Mayor Miller, whose table raised $7500. The Council raised $11,500 at the auction. The foundation raised a total of $32,000.

Vice Mayor Miller thanked the people at her table and Yolanda Risch for their contributions.

Councilmember Jack Walker made the following announcements on behalf of the Council:

The Public Safety Department will be hosting it’s fourth annual Community Pancake Breakfast and Safety Fair on Saturday, October 12th at 8:00 a.m. The event will take place at Fire Station #2 located at Wolfe and Arques. For more information, visit Sunnyvale’s website at www.ci.sunnyvale.ca.us.

Mayor Fowler congratulated Anthony Ronnie who was named 2002 Teacher of the Year for the Sunnyvale School District.

Dawn Cameron, Consultant Transportation Planner with the Roads and Airport Department for the County of Santa Clara, presented the Council Briefing on the Expressway Study. She stated the Expressway Study will serve as a long range strategic plan for the improvement and maintenance of the expressways. Policy input is provided by the Policy Advisory Board (PAB) chaired by Santa Clara County Supervisor James T. Beall, Jr., with Councilmember Risch serving as Sunnyvale’s representative, Councilmember Valerio as VTA’s representative, and Jack Witthaus as technical consultant.

Cameron detailed the current studies underway with emphasis on the Central Expressway and Lawrence Expressway including landscaping, pedestrian crossways, stop lights, bike lanes and safety issues. The next phase of the Study will involve the development of a formal project list for each expressway, establishing priorities, and identifying funding sources with a draft Implementation Plan ready for review in February 2003. More information can be found at their website at www.expressways.info.

There were no announcements.

Councilmember Risch requested item I.E. be pulled for discussion. Vice Mayor Miller requested item 1.A. be pulled for discussion.

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

Vice Mayor Miller moved, and Councilmember Howe seconded, to approve the minutes as amended. The motion carried unanimously.

Mark Gregersen, Human Resources Director, and Mary Bradley, Finance Director availed themselves for questions.

Councilmember Risch inquired if the HAY Study was complete and Director Gregersen responded that phase 1 is complete and they are beginning phase 2.

Vice Mayor Miller asserted it was her understanding that the Director of Public Works pay grade was not to be changed until the study was completed.

Director Gregersen responded it was his understanding that the pay grade recommendation was made with direction to staff to go back and do an evaluation.

Mayor Fowler clarified the previous action was the creation of the Assistant Director of Public Safety and a recommendation to change the classification of the Director of Public Safety. Council took an action that created the Assistant Director position but put off any classification change for the Director until completion of the HAY Study.

Mayor Fowler opened the Public Hearing at 7:59 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Risch moved, and Vice Mayor Miller seconded, for approval to amend the Salary Resolution to reflect the new pay rates and approve Budget Modification No. 10, with the exception of changing the classification for the Director of Public Safety until completion of the HAY Study. The motion carried unanimously.

RESOLUTION NO. 184-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING RESOLUTION NO. 145-02, THE CITY'S SALARY RESOLUTION, BY AMENDING THE PAY SCHEDULE FOR CATEGORY B (SEA-REPRESENTED), CATEGORY G (UNREPRESENTED CONFIDENTIAL) AND CATEGORIES D/E, F, AND K (MANAGEMENT), AND M (MANAGEMENT INTERN) CLASSIFICATIONS

Timothy Kirby, Revenue Systems Supervisor, assisted by Mary Bradley, Finance Director, presented the staff report. He reviewed the history of the 1992 Second Memorandum of Understanding (MOU) agreement with Mountain View and Palo Alto for construction of the Sunnyvale Materials Recovery and Transfer Station (SMaRT)). He further reviewed the fiscal impact stating the 2002 Bonds will result in an average annual debt savings of approximately $115,000 a year.

Councilmember Vorreiter inquired about the lifetime of a bond, and if it was a formula or a requirement when a bond can be sold or refinanced.

Director Bradley responded there is a call period which is generally 10 years. In this case, what causes the bonds to be refundable now is the alternative minimum tax application.

In response to Vice Mayor Miller’s inquiry about the costs associated with the underwriter, Director Bradley stated the underwriter’s cost would be less than if it were a regular negotiated sale with a fee of under 1%.

Mayor Fowler opened the Public Hearing 8:05 p.m., and there being no public comments, closed the Public Hearing.

Councilmember Vorreiter moved, and Councilmember Risch seconded, to authorize staff to proceed with the issuance of the 2002 Bonds and award contracts to Jones Hall for Bond Counsel and Disclosure services, and to Ross Financial for Financial Advisor services, and approval, in concept, for issuance of the 2002 Bonds on a negotiated basis, with E.J. De La Rosa as Underwriter. The motion carried unanimously.

Trudi Ryan, Planning Officer and Erin Walters, Associate Planner, presented the staff report. Ms. Ryan reviewed the history of the 1.6 acre "basic" design of the downtown plaza. Staff has evaluated the parking availability of the area and has met with property owners as well as the Sunnyvale Downtown Association to understand the various issues with plaza size and parking issues. A number of Boards and Commissions have reviewed the plaza design and provided input to the Council. The Parks and Recreation Commission made a recommendation to utilize the full 1.6 acre size plaza to maximize the space in the downtown plaza.

Ms. Ryan stated the primary concerns expressed were not only the number of parking spaces, but also the location and accessibility. Staff addressed a number of the issues raised which are included in the Staff Report.

She further stated Staff was able to identify a net gain of 98 spaces which includes parking along Evelyn Avenue and requires reconfiguration of Evelyn. The Traffic Staff has identified other options so the number can be kept at 98 spaces. She stated that any parking plan needs to be flexible with some short term parking options.

Ms. Ryan reviewed the Cal Tran Garage parking fees noting that there will not be a charge for parking between 6:00 p.m. and 6:00 a.m. She also mentioned that Staff has had discussions with property and business owners regarding the time limits on parking meters which is now set for a maximum of two hours.

In response to Councilmember Valerio’s inquiry relating to changes of parking duration and who could make this change, Ms. Ryan responded that staff had authority make modifications.

Mayor Fowler made an inquiry regarding the replacement of the parking spaces eliminated due to the Mozart project, and if Sunnyvale can fulfill the agreements without the 42 spaces where the plaza will be.

Ms. Ryan responded if part time spaces are counted, then the answer is yes. She further stated they can fulfill the commitment with some discretion on how those spaces are distributed. Ms. Ryan stated there are 250 public parking spaces during the day and an additional 350 spaces in the evening.

Mayor Fowler opened the Public Hearing at 8:20 p.m.

Raymond Pole, Parks & Recreation Commission Chair, reported that the Commission gave a strong recommendation to approve the basic design of 1.6 acres. He urged Council to follow Staff’s recommendation for alternatives 1 and 2 rather than consider further amendments. He also stated the need for restrooms to be included in the plan.

Thomas Mayer, a member of the public, supports putting bike lanes on Evelyn Avenue but is concerned about how reduced lanes will affect bicycles.

Joe Antuzzi, Sunnyvale Downtown Merchants Association, supports the downtown plan. He raised concerns from the Association including the 42 replacement spaces, confirmation that the Evelyn configuration will be approved and if City promises will be kept. He expressed concerns regarding the underground parking.

In response to Councilmember Walker’s inquiry about a program to encourage people to use the plaza underground parking, the signage and the timeframe, Ms. Ryan stated the program will commence sometime in the next month. Efforts are being made to coordinate signage in the downtown area. The timeframe for looking at a plan is approximately three months.

Mayor Fowler asked for clarification of the position of the Downtown Association and the concerns that were raised.

Mr. Antuzzi responded they support the larger plaza despite the concerns.

In response to Vice Mayor Miller’s concern about the 3 month delay for signage impacting the Christmas season, Ms. Ryan stated there is adequate signage but they are looking at implementing a large program over a period of time..

Suzi Blackman, President and CEO of the Chamber of Commerce, expressed concern about the number of parking spaces, the location of the spaces and the continuing maintenance of the parking and signage. She noted the underground parking is not being fully utilized.

Councilmember Vorreiter inquired if there has been any effort by merchants to encourage employees to take advantage of the underground parking.

Ms. Blackman stated there is only three hour parking available and has asked Staff to consider a parking pass to allow employees to park in the underground garage.

Councilmember Vorreiter directed Staff to look at parking passes for employees.

In response to Mayor Fowler’s inquiry regarding the Downtown Associations consensus not being unanimous, Ms. Blackman stated the consensus was that they approved the larger plaza but not all were satisfied with the parking.

Mayor Fowler closed the Public Hearing at 8:39 p.m.

Diana Perkins, Project Planner, presented the staff report. She stated Staff has met with neighborhood associations, developers, business owners and the Chamber of Commerce, and has analyzed suggestions received during the course of the study. Staff is recommending approval of the modifications to the Sunnyvale Municipal Code along with changes in policies and procedures to protect residential privacy and provide more opportunities for residents to comment on proposed developments.

In response to Councilmember Vorreiter’s inquiry if there had been any adverse reaction from the business community, Ms. Perkins stated they received a few phone calls asking for staff reports but did not receive any adverse reaction.

Dave Simons, Chair of the Planning Commission, reported the Commission supports this ordinance with a recommendation to modify the definition of "glare", and craft more precise language on the City website on how the public can obtain more information on a public hearing.

Mayor Fowler opened the Public Hearing 8:45 p.m. and, there being no public comment, closed the Public Hearing.

Councilmember Risch moved, and Councilmember Howe seconded, to introduce an ordinance concerning amending the Sunnyvale Municipal Code Title 19 Zoning to protect privacy for residential properties with the Planning Commission recommendations.

The motion carried unanimously.

ORDINANCE NO. 2714-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING TITLE 19, ENTITLED "ZONING," OF THE SUNNYVALE MUNICIPAL CODE TO PROTECT PRIVACY FOR RESIDENTIAL PROPERTIES

Councilmember Vorreiter proposed to continue this item to allow time to have an open Study Session with staff and the community. She asked for Staff’s guidance on how much time it would take to schedule a study session and bring the item back to Council.

Councilmember Howe inquired if a provision could be made for people to be heard tonight if they cannot come back at a later date.

Councilmember Walker expressed concern that residents and developers did not have a chance to sit down with developers and review plans. He inquired if Staff could include in their motion to meet with developers and residents to look at their plans.

Ms. Ryan responded that they have met with developers and residents, but could set up additional future meetings.

Vice Mayor Miller stated she is not opposed to a delay as it was not well noticed and residents were not notified of meetings and highlighted the need for better public outreach.

In response to Mayor Fowler’s question on the correct procedure, Valerie Armento, City Attorney, advised a staff report would need to be presented in order for the community to comment on the ordinance. However, a Public Hearing could be conducted for citizens to comment on whether to continue the issue to a later date.

Mayor Fowler opened the Public Hearing at 8:55 p.m. for the purpose of whether to continue Item 5 to the November 12^th Council meeting.

Steve Tao, a member of the public, felt that since he made an effort to be present, he should be able to speak tonight.

Dave Simons, Chair of the Planning Commission, concurs with continuance and for elements to be more thoroughly discussed.

Bob Hines, Director of the Tri-County Apartment Association, is in favor of continuance.

John Vidovich, a member of Tri-County Apartment Association, is in favor of continuance.

Shannon Dodge, Regional Coordinator for the Non-Profit Housing Association of Northern California, is in full support of the Staff recommendation and would like to participate in future discussions.

Irisann Nelson, Chair of the Housing and Human Services Commission, stated the Commission has had lengthy discussions and held public hearings on this issue and supports Staff’s recommendation. She further stated the Committee believes the item should not be continued. However, Ms. Nelson feels it is important to hear public comment and stated that while profitability is important, housing needs must also be considered.

Dan Carroll, Pulte Homes homebuilder, will not be able to attend for the next 4-6 weeks but would like to be able to participate in future public outreach sessions.

Mark Burns, Silicon Valley Realtors and Homeowners Political Action Committee, is in favor of the continuance and is available to come back.

Crisand Giles, Home Builders Association of Northern California, stated she is in favor of the continuance.

Mike Kline, Director of Legislative Committee of the Sunnyvale Chamber of Commerce, stated they are supportive of the continuance.

Mayor Fowler closed the Public Hearing at 9:12 p.m.

Vice Mayor Miller offered a friendly amendment to start the Study Session at 5:00 p.m.

The amendment was accepted.

The motion carried unanimously.

Melinda Hamilton, President of the Friends of Sunnyvale, requested that the Council schedule a meeting with the Friends of Sunnyvale to discuss the Downtown Urban Design Plan.

There was consensus of the Council to hold an Outreach Meeting in the Council Chambers. The meeting is to be filmed and rebroadcast on KSUN.

Mayor Fowler directed staff to arrange this meeting.

Thomas Mayer, a member of the public, thanked the City for the new asphalt path by Duane Court.

Vice Mayor Miller announced she had been instrumental in securing a grant promoting clean air vehicles for diesel particle traps in the amount $13,500 through her participation on the Air Quality Management Board.

Vice Mayor Miller requested a meeting with a Public Safety representative to discuss the review process relative to permitting issues for massage parlors and businesses that deal in adult material in Sunnyvale. Councilmember Howe will join Vice Mayor Miller in this meeting.

Vice Mayor Miller requested that an ordinance be agendized to adopt local regulations that are parallel to Jackie Spiers’ Privacy Bill that did not pass in the legislature.

Mayor Fowler responded he had no objection to putting this issue on the agenda and directed the City Manager to include this as a future agenda item.

Councilmember Risch noted the bike lanes in the Persian Drive construction area come to an abrupt end with an A-frame and cones.

Director Rose will investigate this situation and take appropriate action as well as review the standards.

Councilmember Risch stated he received a memo regarding the Bicycle Municipal Code Review and inquired if there should be a Study Issue. He further stated that the Bicycle and Pedestrian Advisory Committee asked him to request a meeting between the Department of Public Works and the City Attorney’s office.

Director Rose responded he would like to schedule a Joint Study Session with the BPAC to discuss the code review and include a representative from the Department of Public Safety. He noted that BPAC has requested outside consulting on some of their issues.

There was consensus of the Council that Staff schedule a Joint Study Session with the BPAC.

There were no comments

Mayor Fred Fowler declared the meeting adjourned at 10:09 p.m.

Respectfully submitted:
Susan Kitchens, City Clerk