The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Study Session regarding Budget/Financial Interests, a 6:15 p.m. VTA Community Design and Transportation Program meeting, and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:30 p.m., with Mayor Miller presiding.

The Sunnyvale Brownie Troop No. 421 led the salute the flag.

Vice Mayor Risch requested item1.E. be pulled and discussed separately. Motion by Councilmember Vorreiter, and seconded by Vice Mayor Risch, for approval of the Consent Calendar with the exception of 1.E. The motion carried unanimously.

Robert Walker, Director of Parks and Recreation, presented the staff report.

Vice Mayor Risch expressed concern that this is a sole source contract and asked if alternatives had been considered. Director Walker responded that Mr. Olson does not charge for his services, and stated there has not been any interest expressed by other orchardists.

Mayor Miller opened the Public Hearing at 7:40 p.m.

Werner Gans, a member of the public, expressed support for retaining Mr. Olson.

Mayor Miller closed the Public Hearing at 7:41 p.m.

Councilmember Vorreiter moved, and Councilmember Fowler seconded, to approve the new Orchard Maintenance Agreement dated December 15, 2002, and authorize the City Manager to enter into an Agreement with Licensee C. J. Olson. The motion carried unanimously.

Nancy Steward, Superintendent of Arts and Youth Services, presented the staff report. She stated on June 11, 2002, Council endorsed a design and construction budget for the downtown plaza which included $37,000 to provide public art in the project. She further stated that during the September 18, 2002 Study Session, the Arts Commission reviewed the Council approved design for the plaza and identified the elements that would be appropriate for the integration of the public area. Ms. Steward stated that of the three artists who submitted proposals, the Arts Commission endorsed the proposal from sculptor Greg Heffernon. The proposal will place six larger than life pieces of painted aluminum fruit on the six decorative columns at the end of the curvilinear walls.

Vice Mayor Risch inquired why this item was being brought to Council before the design of the plaza has been finalized. Ms. Steward responded they are trying to incorporate the artwork into the design of the plaza, and they would like to give the artist feedback. She further stated they would not be entering into a contract until they received approval from the Council.

In response to Vice Mayor Risch’s questions regarding the construction cost of the plaza and the 1% allocation for art, Ms. Steward stated that if the construction cost exceeds $3.7 million, the additional funds would be placed in a public art fund that could be used to purchase additional art for the plaza or another site.

Mayor Miller inquired what other designs were considered. Kristin Dance, Arts Coordinator, responded that three conceptual designs were submitted. The other two proposals were for a circus mosaic design on a cast concrete or granite medallion, and the other for an inlaid concrete labyrinth. She stated the Arts Commission strongly felt Mr. Heffernon’s design was the only proposal they recommended for Council consideration.

Mayor Miller asked how staff would know if the art proposal would blend in with the design of the plaza. Ms. Steward responded the intent was to incorporate the design into the construction plans.

Mayor Miller opened the Public Hearing at 7:55 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Valerio moved, and Councilmember Walker seconded, to approve the art proposal submitted by Mr. Gerald Heffernon that will place six larger than life pieces of painted aluminum fruit on the six decorative columns at the end of the curvilinear cement walls, and encourage the artist to alter the cherry sculpture so it is depicted as a pair of cherries, more to scale with longer thinner stems. Approval to be contingent upon final budget approval for construction of the Downtown Plaza. The motion carried unanimously.

Scott Morton, Parks Supervisor, assisted by Curtis Black, Superintendent of Parks, presented the staff report. He stated the Lakewood Park Recreation Facilities improvement provides for the renovation of certain recreational features with funding provided for the design phase in FY 2001/2002, and the construction phase in FY 2002/2003. He noted the major components of the plan include a gazebo to replace the former Space Station, an amphitheater/fire ring, a skating rink, a water play feature, and a sand volleyball court. Mr. Morton further stated that the proposed conceptual plan supports neighborhood input.

In response to Councilmember Fowler, Mr. Morton stated that funding for this project had previously been allocated by the Council.

Vice Mayor Risch inquired if funded projects will be brought before the Council. Robert LaSala, City Manager, responded that funded projects would be brought before the Council for approval.

Councilmember Vorreiter expressed concern about the fiscal impact and asked if this project is part of the continuing park redevelopment. Director Walker responded this project has been in the queue for the last ten years.

In response to Councilmember Vorreiter, Curtis Black, Superintendent of Parks, stated they have hundreds of pieces of playground equipment that are on a schedule per park and playground.

Mayor Miller opened the Public Hearing at 8:10 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Fowler moved, and Councilmember Walker seconded, to approve the Lakewood Park Recreational Facilities Improvement Conceptual Plan, and direct staff to complete the design phase and prepare related construction plans and documents. The motion carried unanimously.

Mayor Miller opened the Public Hearing at 8:15 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Walker moved, and Councilmember Vorreiter seconded, to adopt Ordinance No. 2715-02. The motion carried with Councilmembers Howe and Fowler dissenting.

Councilmember Howe stated he is appealing Planning Commission item 2002-0683. He asked for detailed information on the map showing the lot sizes of surrounding properties. Councilmember Howe further stated he is appealing all of the findings.

Mayor Miller stated she is in support of the appeal.

Jim Rea, a member of the public, raised questions regarding ADA compliance at the Cherry Orchard Shopping Center and the City’s parking lot adjacent to the offices across from the main City Hall building.

Councilmember Howe requested that Mr. Rea list his concerns in writing. Mr. Rea stated he would send the documents he previously submitted to the City and the Cherry Orchard property manager.

Werner Gans, a member of the public, urged the Council to review the public comments on the City’s web site regarding the downtown project.

Councilmember Fowler gave a brief report on his trip to China. He requested an agenda item to ratify the "Memorandum on Friendly Exchange Relations" offered by Pinghu City, Zhejiang Province, and The Peoples Republic of China. He further requested time on a future agenda to report on governmental, economic and cultural aspects of this exchange. Mayor Miller granted his request. Councilmember Fowler requested staff to inform him of the presentation date.

Councilmember Fowler requested that the Sister City Study Issue be modified to include an exchange between Sunnyvale and Pinghu City should this study issue be ranked. Mayor Miller granted his request.

Vice Mayor Risch stated that Mr. Mozart has asked the Council to review a preliminary concept he has for a medical center. He asked that this item be agendized and that staff develop a report for Council discussion.

City Manager LaSala stated he received two letters regarding the purchase of the underground parking space and the plaza that could be used to develop a staff report. He further stated he responded to Mr. Mozart that he could not recommend the sale of the plaza unless another area was designated of equivalent strategic location and size, nor the sale of the underground parking because of the requirements of the Parking District and the downtown property owners.

The Council entered into a discussion regarding whether to have a study session or a Council agenda item, to solicit a proposal from John Mozart, public input, legal ramifications, relocation of the plaza, and occupancy.

Mayor Miller requested that John Mozart submit a proposal for the purchase of the plaza and underground parking area, for staff to evaluate the implications, and then schedule a Study Session for Council’s examination and assessment.

Vice Mayor Risch announced the Council met in closed session on December 9, 2002, regarding PSOA labor negotiations. Direction was given but no action was taken.

Mayor Miller inquired if the City Attorney and City Manager sign an annual ethics agreement. Valerie Armento, City Attorney, responded that the City Manager and City Attorney are bound by the ethical provisions and requirements of their professions and by the provisions in the Administrative Policies Manual.

Mayor Miller expressed concern over the enforcement of leash laws in Washington Park. City Manger LaSala stated he would refer this issue to Public Safety.

Mayor Miller inquired if Council would support a policy for a "Motion for Adjournment" in recognition of contributions of specifically named deceased persons. The Council and City Manager agreed to implement this form.

Robert LaSala reported that Sunnyvale had the distinction of being named third safest city in the United States with a population over 100,000 and less than 500,000, and the fifth safest city overall.

Mayor Milled declared the meeting adjourned at 9:10 p.m.

Respectfully submitted,
Susan Kitchens, City Clerk