Mayor Fowler led the salute to the flag.

Margaret Maletis, President of the Sunnyvale Community Services Auxiliary, invited the public to a Holiday Affair Boutique on Saturday, October 26, 2002, from 9:30 a.m. to 3:30 p.m., at the Murphy Park Museum Building on California and Sunnyvale Avenues.

Councilmember Tim Risch made the following announcements on behalf of the Council:

The City of Sunnyvale will be holding a series of community meetings during the upcoming weeks on its Transportation Strategic Program. This program seeks to adopt a comprehensive funding strategy for the City’s long range transportation infrastructure needs. Three meetings will be held in late October and early November to gather public input on transportation funding strategies. Another round of public input meetings will be held in early January. The upcoming meetings are as follows:

October 28, 2002, 3:00 p.m., Yahoo Headquarters, 701 First Avenue (Parking Garage 2^nd Floor Entrance), Sunnyvale

October 29, 2002, 7:00 p.m., Columbia Neighborhood Center Staff Room, 739 Morse Avenue, Sunnyvale

November 5, 2002, 7:00 p.m., Sunnyvale Community Center, 550 East Remington Drive, Sunnyvale

The 3D Model of the Downtown Design Plan has been moved to the Library, making it available to the public at nights and on weekends. It will be there for at least the next two months. Reference copies of the Downtown Design Plan are also available and reference librarians are on hand to answer any questions. For more information, please contact Diana O’Dell, Project Planner, at 730-7452.

Vice Mayor Miller announced the City Council met in closed session regarding the City Manager performance evaluation. Direction was given but no action was taken.

Vice Mayor Miller announced Juniper Networks was recognized at the Community Foundation luncheon for their contributions to the community, and they will be providing every first grade student in Sunnyvale with a backpack.

Councilmember Vorreiter announced a Halloween affair at the Sunnyvale Town Center Mall, sponsored by the Parks and Recreation Department, on October 27, from 11:00 a.m. to 4:00 p.m.

Chris Costa, Community Resource Specialist for the Santa Clara County Vector Control District, briefed the Council on the West Nile Virus. She stated that the Virus is not currently in California, but will be by next Spring. She reviewed the steps to counter mosquito infestation. Ms. Costa asked the City Council to assist educating citizens by making flyers available in City offices and having City field workers carry the flyers with them should they have questions from the public. She encouraged City workers and citizen groups to call the Vector Control Office for a presentation and a short training.

Thom Mayer, Vice Chair, Bicycle and Pedestrian Advisory Committee (BPAC), stated the Committee reviewed the bike lane width adjacent to parked cars and found the CalTrans standard is too narrow. They voted unanimously to ask the City Council to change from the CalTrans specification to the VTA guidelines. He stated they feel the current specifications present a safety issue. Mr. Mayer asked Council to agendize this item and change the policy.

The Council and staff entered into a discussion relating to legal and liability implications, the Bicycle Opportunity Study, safety issues, work plans, and VTA guideline implementation. It was the consensus of the Council that Vice Mayor Miller and Councilmember Risch co-sponsor a Study Session on Bicycle Lane Standards.

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

Jack Witthaus, Transportation and Traffic Manager, presented the staff report. He was assisted by Chris Augenstein, Principal Planner of the Valley Transportation Authority. Mr. Whitthaus reviewed the history of the Valley Transportation Authority (VTA) development of a new land use and the transportation integration program which defines a set of land use focused "best practices" for cities to consider with approving new developments. Mr. Witthaus stated that subsequent to Board consideration, the VTA will be requesting that cities consider endorsement of the Program and noted that City staff has participated in a Best Practices Task Force and a Level of Service Working Group that provided input to the Manual. He stated that staff plans to bring back the details of this program to Council in December for a thorough investigation and study session, and develop its recommendation on endorsement of the Program in the context of the Citywide Transportation Strategic Program. Mr. Augenstein presented an overview of the Program, background, benefits and goals, and future plans.

Councilmember Risch expressed concern regarding a move toward prescriptive standards by the VTA for funding and land use decisions rather than having authority with local jurisdictions.

Mr. Augenstein responded the decision making is with local jurisdictions for land use. He stated the VTA is looking for a minimal formal commitment from the City to buy into the Program in order to apply for grant funds.

Mayor Fowler opened Public Hearing at 8:25 p.m., and there being no public comments, closed the Public Hearing.

Jack Witthaus, Transportation and Traffic Manager, presented the staff report. He stated the Bay Area Water Transit Authority (WTA) released a Draft Implementation and Operations Plan (IOP) for a San Francisco Bay Ferry System Expansion, and a Draft Program Environmental Impact Report (PEIR) on the Plan. Mr. Witthaus noted the WTA must submit both the Program EIR and the IOP to the California Legislature by December 2002. He further stated the Legislative Action Policy 1.i.13 states that the City shall support the Bay Area WTA investigation of a San Francisco Bay Ferry expansion plan including a multi-modal South Bay water transit terminal at Moffett Field.

Mr. Witthaus stated that because the site is marginally viable for ferry service at this time, the WTA has included the site in the plan as one that should continue to be monitored for future water transit potential. He stated that because staff has been working closely with the WTA throughout the development, they believe this should be supported by the City.

Councilmember Walker inquired why mitigation D1.1, is in the letter when it is already included EIR.

Mr. Witthaus responded the proposal was to include it as part of the plan instead of mitigation. Director Rose stated they would rewrite that portion of the letter to reflect the primary mitigation is hover craft.

Vice Mayor Miller asserted that the ridership numbers did not include the new Moffett Field EIR growth projections or the new Juniper Networks campus.

Mayor Fowler opened the Public Hearing at 8:35 p.m. and, there being no public comments, closed the Public Hearing.

Vice Mayor Miller moved, and Councilmember Risch seconded, to direct staff to transmit Sunnyvale comments in a letter from the Mayor to the San Francisco Bay Area Water Transit Authority regarding the Draft Program Environmental Impact Report and support the adoption of the Draft Implementation and Operations Plan.

Councilmember Walker clarified that the D1.1 portion of the letter would be reworded as part of Vice Mayor Miller’s motion, and expressed concerns about the extent of the benefits for the South Bay.

The motion carried unanimously.

Robert Paternoster, Director of Community Development, presented the staff report. He stated the Department of Community Development is preparing a Community Development Strategy that will give direction to the investment of community development resources over the next five years. He further reported that staff undertook a complete windshield survey of every property in the city to determine building condition and property maintenance, which was followed by analysis to determine critical community development issues. Director Paternoster stated that following confirmation of goals, staff will develop specific targets, strategies and actions for the next five years, and will bring these back to Council as a final report and study session on December 17. He reviewed the eleven goals.

Vice Mayor Miller stated she was not comfortable with the word "goals" and inquired why the word "goals" was used as opposed to guidelines or objectives. She further asked how performance could be measured against a goal.

Director Paternoster responded goals are a higher level than guidelines, have a longer range implication, and are intended to be general in nature. He stated that staff will come back with specific targets which can be implemented in five years.

Councilmember Walker expressed concern with sub-elements to the General Plan as well as this document being inconsistent with the General Plan. He expressed concern that this document could be confusing as to what the goals of Community Development are.

Director Paternoster responded this is not a General Plan element because of the different time element. He stated it lies between the annual budget process and outcomes which the City Council adopts for the departments on an annual basis. He further stated this is a proactive approach and is consistent with the General Plan.

Mayor Fowler opened the Public Hearing at 8:50 p.m.

Arthur Schwartz, a member of the public, stated he does not see consistency between the goals and the integrity of the land use plan.

Milton Anderson, a member of the public, thinks that neighborhood preservation should not be a goal but an ongoing program. He would like to see a proactive neighborhood preservation program in Lakewood Village and has concerns with commercial vehicles.

Thom Mayer, a member of the public, expressed concerns about the permit process in Lakewood Village.

Robert LaSala, City Manager, stated a permit process is in place for completion of inspections, and permits are not allowed to remain open indefinitely. He stated the Pilot Program was approved by the Council and the City is in compliance.

Dave Simons, a member of the public, supports furthering the goals for community development and would like Council’s support of code enforcement.

Mayor Fowler closed the Public Hearing at 9:17 p.m.

Vice Mayor Miller and Councilmember Walker agreed this document should be part of the General Plan.

Councilmember Vorreiter moved, and Councilmember Valerio seconded, to confirm the following goals for community development:

• Tax Base: to retain and attract businesses which will provide a stable tax base to support City services.
• Jobs: to work with those agencies responsible for education and job training so as to better prepare our workforce for the future jobs of Silicon Valley.
• Office/Industrial Building Inventory: to support the development and rebuilding of industrial neighborhoods so as to have an appropriate mix of well-maintained Class A, B and C office/industrial space.
• Retail Services: to retain and attract businesses which provide a variety of needed retail services for our residents at locations which are convenient for them.
• Local Service Businesses: to preserve opportunity for profitable operation of those small local businesses which provide critical support services to other businesses and to our residents.
• Infrastructure: to provide the public utilities, transportation facilities, and other physical infrastructure necessary to support a vibrant economy and a quality living environment.
• Housing Supply: to provide opportunities and incentives for construction of residences to house our growing population.
• Housing Affordability: to actively promote the provision and protection of housing which is affordable to households of low and middle income.
• Homeownership: to encourage households to invest in the City and its neighborhoods through homeownership.
• Housing Condition: to encourage reinvestment in our single-family and multi-family housing stock sufficient to maintain its physical condition, livability and safety.
• Neighborhood Preservation: to support efforts by individual property owners and neighborhood associations to maintain and improve their properties and neighborhoods.

The motion carried with Vice Mayor Miller and Councilmember Walker dissenting.

Mayor Fowler proposed continuing this item to a future meeting and schedule a study issue session. It was the consensus of the Council to continue this item until after the Strategic Plan is considered by the Council.

Mayor Fowler opened the Public Hearing at 9:25 p.m. to consider continuance of the item.

Jane Vaughn, of Menlo Equities, felt it was an excellent idea to look at the mitigation fee in conjunction with the Strategic Plan.

Tom Bryant, of Network Appliance, felt it was appropriate to delay this item.

Dave Simons, Chair of the Planning Commission, stated support of continuing this item in order to address some the Planning Commission concerns.

Mike Banks, of Juniper Networks, concurs with postponement due to the complexity of the issue and the tie to the Moffett Plan.

Irisann Nelson, Chair of the Housing and Human Services Commission, stated the Commission would like the Council to proceed and not delay.

Suzi Blackman, President and CEO of Chamber of Commerce, stated funds are currently available and she supports spending additional time on this issue.

Mayor Fowler closed the Public Hearing at 9:33 p.m.

Vice Mayor Miller moved, and Councilmember Risch seconded, to continue the Study Issue on codifying and indexing the Housing Mitigation Policy.

Mayor Fowler offered a friendly amendment to hear this item in conjunction with the report on the Strategic Plan. The amendment was accepted.

Mayor Fowler offered a friendly amendment to revise his previous amendment, to hear the mitigation fee on or after Council hears the Strategic Plan. The amendment was accepted.

The motion carried unanimously.

Greg Kevin, Captain, Department of Public Safety and Manager of the Animal Control Unit, presented the staff report. He was assisted by Mary Bradley, Director of Finance. He presented a brief history highlighting the key issues and reviewed the activities since the last Council meeting. He further reviewed the SVACA Board meetings granting the City of Sunnyvale an extension until October 28, 2002, their decision not to send a letter to the Santa Clara Humane Society on Sunnyvale’s behalf, and discussion of the ad hoc group assembled to discuss SVACA cost information and cost allocation. He stated that the City of Los Gatos took the lead in identifying a list of peer review candidates and chose Maze and Associates to develop comparative cost information for SVACA and review the results of the ad hoc group. Captain Kevin further stated the City received a letter from the Board of Directors of the Santa Clara Humane Society declining to provide long term animal shelter services.

Captain Kevin stated that Robert LaSala, City Manager, held a telephone conference with all the SVACA City Managers about the shelter site issues, ongoing program evaluation and facilities evaluation highlighting that the VTA and Bart will take back a portion of the shelter site to be used for BART. It was the consensus of the city managers to delay a final decision until the end of 2002. He stated that if the City of Sunnyvale wants to withdraw from SVACA, they must give 180 days notification or be responsible for paying for operating costs in the new fiscal year.

Robert LaSala, City Manager, stated the evaluation of the proposal from the City of Palo Alto remains to be completed, but the operating and capital estimates will be available by November 15^th. He further stated it was the recommendation of four of the City Managers that no decisions be made until the end of the year.

Councilmember Walker inquired if there was any follow up with the Santa Clara Humane Society for a short term quote for sheltering services and if there has been any cost comparisons.

Mr. LaSala responded there has been no request pending the City of Palo Alto’s response. Director Bradley stated part of cost comparison is to compare the cost per animal.

In response to Councilmember Vorreiter’s inquiry regarding SVACA staff involvement, Captain Kevin responded SVACA and been supportive and helpful throughout this process.

In response to Councilmember Walker’s question regarding the Humane Society’s long term plan to move from their present site, Captain Kevin stated that the Humane Society plans to sell the Santa Clara site and move to a new site in Milpitas.

Mayor Fowler opened the Public Hearing at 9:55 pm.

Deborah Biggs, General Manager, SVACA, stated SVACA has been working with Sunnyvale towards a solution. She stated that the SVACA Board meets on December 16, but they are considering moving the meeting so the City of Los Gatos can attend.

She stated overall the costs from 2001 to 2002 decreased 9.2%. She would like to have a decision as soon as possible since costs are escalating.

Mayor Fowler closed the Public Hearing at 10:02 p.m.

Councilmember Walker moved, and Councilmember Vorreiter seconded, to grant permission to send a letter to the 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 challenges identified at the Reed Street property and complete the operating cost, staffing and related cost allocation analysis, and authorize staff to receive the final proposal from Palo Alto Animal Services, evaluate its contents, and present its recommendation to the City Council for it’s consideration before the end of December 2002.

The motion carried with Mayor Fowler dissenting.

Aretha Ferrell-Brown, Assistant to the City Manager, presented the staff report stating the November election will present voters with seven State propositions and ten Countywide measures, of which only two affect Sunnyvale. She directed the Council to Attachments "A" and "B" for an analysis and recommendation.

Mayor Fowler opened the Public Hearing at 10:09 p.m., and there being no public comments, closed the Public Hearing.

Vice Mayor Miller moved, and Councilmember Vorreiter seconded, for approval of staff recommendations.

Councilmember Vorreiter offered a friendly amendment to remove Proposition 49 from consideration. The amendment was accepted.

Councilmember Risch offered a friendly amendment to remove Proposition 52 from consideration. The amendment was accepted.

Vice Mayor Miller asked that in the future, staff not make recommendations on measures that Sunnyvale citizens do not vote on.

The motion carried with Councilmember Howe abstaining.

Councilmember Vorreiter moved, and Councilmember Walker seconded, to oppose Proposition 49.

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

Councilmember Risch moved, and Councilmember Walker seconded, to oppose Proposition 52.

The motion failed with Mayor Fowler and Councilmember Valerio dissenting, and Vice Mayor Miller and Councilmember Howe abstaining.

Councilmember Valerio moved, and Mayor Fowler seconded, to support Proposition 52.

The motion failed with Councilmembers Vorreiter and Walker dissenting and Vice Mayor Miller and Councilmember Howe abstaining.

The Council adopted a "no position" stand on Proposition 52.

The City Council adopted the positions on County and State ballot measures as follows:

PROPOSITION 46: Housing and Emergency Shelter Trust Fund Act of 2002 - Support

PROPOSITION 47: Kindergarten-University Public Education Facilities Bond Act - Support

PROPOSITION 48: Court Consolidation Legislative Constitutional Amendment - Support

PROPOSITION 49: Before and After School Programs. State Grants. Initiative – Oppose

PROPOSITION 50: Water Quality -Support

PROPOSITION 51: Transportation – Oppose

PROPOSITION 52: Election Day Voter Registration – No Position

MEASURE A: Santa Clara Valley Transportation Authority Measure – County of Santa Clara (Advisory vote only) – Support

MEASURE B: Transportation Program Financing -- County of Santa Clara (Majority Approval) – Support

MEASURE C: Occupancy Tax -- City of Morgan Hill (Majority Approval Required) – No Position

MEASURE D: Library and Community Center Facilities -- City of Palo Alto (2/3 Approval) – No Position

MEASURE E: School Construction – City of San Jose (Majority Approval) – No Position

MEASURE F: Convention Center – City of San Jose (2/3 Approval) – No Position

MEASURE G: School Bond – Cambrian School District (55% Approval) – No Position

MEASURE H: Parcel Tax -- Los Altos School District (2/3 Approval) – No Position

MEASURE I: Parcel Tax -- Los Altos School District (2/3 Approval) - No Position

MEASURE J: Parcel Tax -- East Side Union High School District (2/3 Approval) – No Position

No action was taken.

No action was taken.

There were no public comments.

Councilmember Vorreiter moved, and Councilmember Howe seconded, to bring the Review of the Below Market Rate Program (BMR) back for action in January 2003. The motion carried unanimously.

Councilmember Risch requested the CDD Director to research if any projects would be affected by delaying action on the BMR Program.

Councilmember Vorreiter moved, and Councilmember Walker seconded, to agendize a request from the School District for funding to contribute to the purchase of a property for teachers.

Councilmember Howe offered a friendly amendment to agendize this after the Housing Mitigation Fee is considered. The amendment was not accepted.

Councilmember Howe made a substitute motion, and Councilmember Risch seconded, to consider a request from the School District for funding to contribute to the purchase of a property for teachers after the Housing Mitigation Fee is considered.

The motion carried with Councilmembers Valerio, Vorreiter and Walker dissenting.

Councilmember Valerio complimented staff on the parking enhancements in the downtown area north of Washington.

Vice Mayor Miller thanked Director Rose for the quick response to her request to turn the lights on earlier on Murphy Avenue. She complimented the Historical Society on their fundraising dinner. She inquired why the scheduled October Halloween Event is not listed on the Council’s calendar and asked how the event has been publicized. She expressed dismay that she had not been made aware of this event.

Vice Mayor Miller asked for clarification on the parking restrictions for commercial vehicles in residential areas. Director Paternoster responded that commercial vehicles are not allowed to be parked in residential areas. Mayor Fowler added that there is a five hour limit for parking commercial vehicles in residential areas.

There were no comments.

Mayor Fowler declared the meeting adjourned at 10:48 p.m.

Respectfully submitted:
Susan Kitchens, City Clerk