The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Budget Appropriation Control Study Session, a 6:30 p.m. Joint Study Session with the Bicycle and Pedestrian Advisory Committee regarding the Bicycle/Pedestrian Municipal Code

Review, 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.

Councilmember Walker led the salute to the flag.

Penny Gleason, Public Safety Officer, presented the City of Sunnyvale Basketball Shoot Out Dignitary Award to Vice Mayor Tim Risch.

Mayor Miller presented a proclamation to Steve Sukke, Self-Directed Work Team Leader of the Tree Division in Public Works, proclaiming March 7 as Arbor Day in the City of Sunnyvale. She noted that Sunnyvale has been named a "Tree City USA" by the National Arbor Day Foundation. As part of this year’s Arbor Day celebration, the Public Works Tree Division will be planting a Copper Beech tree between the Library parking lot and Olive Avenue on April 5^th at 10:45 a.m.

Mayor Miller presented a proclamation to Amy Choate, the Safe Place Volunteer Coordinator for Social Advocates for Youth, declaring the week of March 16, 2003 as "Safe Place Week" in the City of Sunnyvale.

Councilmember Howe announced a Community Outreach Meeting will be held on March 20, 2003, at 7:00 p.m. at Fairwood Elementary School.

Councilmember Walker announced that Bonnie Hasson, of Sunnyvale, was awarded the National Child Care Teacher Award.

Mayor Miller announced the Sunnyvale National Little League will have their "Opening Day" ceremony on Saturday, March 22, 2003 and extended an invitation to the public to join in the festivities. The event will take place at Washington Park commencing at 9:30 a.m.

Olaf Hirsch, representing Friends of Sunnyvale, announced that three charter amendment petitions are currently being circulated.

Councilmember Fowler removed item 1.A. for discussion.

Vice Mayor Risch moved, and Councilmember Howe seconded, approval of the Consent Calendar with the exception of item 1.A. and noted the correction to item 1.H. The motion carried unanimously.

Peter Gonda, Finance Manager, and Mary Bradley, Finance Director, presented the staff report.

Director Bradley responded to questions posed by Councilmember Fowler regarding the potential sources for funding, including the Paramedic Services Set-Aside and the Non-Recurring Events Reserve. Funds are available if additional enhanced medical services are needed. The public facilities set-aside makes funds available for ongoing short and long term space issues.

Mayor Miller opened the Public Hearing at 8:04 p.m.

Dahl Phelps, a member of the public, offered a suggestion to raise revenue.

Mayor Miller closed the Public Hearing at 8:06 p.m.

Motion by Councilmember Howe, and second by Councilmember Fowler to approve Budget Modification No. 37 to appropriate $537,281 from Fiscal Uncertainties to the Department of Public Safety’s operating budget. The motion carried unanimously.

Trudi Ryan, Planning Officer, presented the staff report. She summarized the application and subsequent action that was taken by the Planning Commission. She noted the three areas of concern are privacy issues, size of the structure and the design review.

Councilmember Vorreiter asked if the applicant had offered any proposals to modify his original proposal to come closer to meeting the standards.

Ms. Ryan stated that he had not offered any subsequent proposals.

Mayor Miller opened the Public Hearing at 8:14 p.m.

Robert Torres, appellant, stated he is willing to take corrective measures to come into compliance with code regulations.

Daniel Gutierrez, a member of the public, stated concerns for privacy and size of the building.

Ms. Ryan stated that the plans the staff had approved were not the same plans that are being used on the project site.

Councilmember Howe clarified that the building plans being used on-site are not the same plans that staff had approved.

Dolores Medeiros, a member of the public, had privacy and parking concerns.

Michael Gutierrez, a member of the public, urged Council to deny the appeal.

Jim Mentink, a member of the public, questioned the planning and permitting process. He supports denial of the appeal.

Ronald Verdugo, a member of the public, opined that the building that has been built is not what was approved.

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

Motion by Councilmember Walker, seconded by Councilmember Howe to deny the appeal and uphold the Variance and Design Review denial. The motion carried unanimously.

Councilmember Walker directed staff to investigate if there has been a conversion from garage use to living space at the site.

Councilmember Howe directed that staff ensure the site is in compliance with City building and parking codes.

Nurit Shor, applicant, directed comments to the Council stating her intent is to screen the view of utility lines so that she can enjoy her backyard. She further stated that she wanted to maintain the home at a single story.

Councilmember Walker inquired if the lot coverage requirements could be modified to allow a variance that could include allowing a larger footprint in exchange for not going up a story.

Ms. Ryan responded that staff could evaluate the lot coverage requirements and come back with recommended changes that may allow this type of variance.

Motion by Councilmember Walker, and seconded by Councilmember Howe to deny the appeal and uphold the denial of Variance and Design Review, without prejudice, and allow applicant to refile an application within one year with no additional fees. Staff is to review the lot coverage requirements and report back to Council. The motion carried unanimously.

Christine Cannizzo, Project Planner, gave an overview of the proposed project.

Councilmember Howe inquired about Condition 31 and Ms. Cannizzo responded that the condition was modified to allow the applicant to conduct an assessment for participation in a major transportation program.

Discussion among Council touched on elevation concerns, setback of upper stories, architectural measures for streetscape elements, and availability of BMR units during the phased building plan.

Mayor Miller advocated preserving a mound of redwood trees that is located on the perimeter of the property. She suggested alternative ways of assuring the preservation of these trees.

Tim Steele, representing Sobrato Development Company, addressed the Council. He noted that participation in the Eco Pass Program is not a condition but rather an option that will be considered. He noted that Sobrato has a long history of successful development in Sunnyvale and the surrounding area.

Jim Yee, representing the Dahlin Group, detailed the design plan.

Mayor Miller opened the Public Hearing at 9:22 p.m.

Dahl Phelps, a member of the public, gained clarification that some of the units will be two-story, therefore, an elevator is not warranted to service the third floor.

Laura Stuchinsky, representing the Silicon Valley Manufacturers Group, spoke in support of the project.

Thom Bryant, representing Network Appliance, spoke in support of the project.

Mike Bangs, representing Juniper Networks, spoke in support of the project.

Suzi Blackman, President and CEO of the Sunnyvale Chamber of Commerce, spoke in support of the project.

Thomas Mayor, a member of the public, is concerned that there are no amenities in the immediate area to support residential development.

Bill Schaumberg, adjacent property owner, supports the project.

Janet Hittle, Guzardo and Associates, responded to questions regarding tree preservation.

Mayor Miller asked for a commitment from the developer to work with staff to preserve the redwood trees.

In response to Councilmember Howe, Mr. Steele stated that he is reticent to commit to an Eco Pass program given the current VTA climate. He will commit to exploring transportation program options.

Councilmember Risch iterated that participation in a transportation program would be optional but the City does not have a policy that mandates participation.

Mayor Miller closed the Public Hearing at 9:53 p.m.

Motion by Councilmember Walker, and seconded by Councilmember Vorreiter to adopt the Mitigated Negative Declaration and introduced an Ordinance to Rezone 1150-1152 Morse Avenue and 1139 Karlstad Drive from M-S/R-3/ITR/PD to R-4/PD and approved the Special Development Permit with attached conditions.

Mayor Miller offered a friendly amendment to direct the applicant to work with the staff to endeavor to save a mound of Redwood trees located on the perimeter of the property.

The motion carried unanimously.

ORDINANCE NO. 2718-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE PRECISE ZONING PLAN, ZONING DISTRICTS MAP, TO REZONE CERTAIN PROPERTY LOCATED AT 1150-1152 MORSE AND 1139 KARLSTAD FROM M-S/R-3/ITR/PD (INDUSTRIAL/SERVICE/MEDIUM-HIGH DENSITY RESIDENTIAL/INDUSTRIAL) DISTRICT TO R-4/PD HIGH-DENSITY RESIDENTIAL/PLANNED DEVELOPMENT) DISTRICT

Barbara Keegan, Assistant Public Works Director, presented the staff report. She compared the alternative options and requested that Council approve Alternative B, which is a phased project that can be built within the available budget.

Director Rose responded to questions posed by Councilmember Fowler regarding the availability of Proposition 40 funds.

Councilmember Howe clarified that the project will go out for competitive bid.

Mayor Miller noted that flagpole sockets were not included in the phased plans and would like to see them included.

Mayor Miller opened the Public Hearing at 10:31 and, there being no public comments, closed the Public Hearing.

Motion by Vice Mayor Risch, and second by Councilmember Howe to direct staff to proceed with Alternative B, a phased project that can be implemented within the available Plaza budget and incorporate flag pole sockets into the plans. The motion carried unanimously.

Captain Greg Kevin, David Johnson, Senior Management Analyst with the Public Safety Department, and Mary Bradley, Finance Director, presented a detailed report on the alternatives for long-term animal shelter alternatives for the City of Sunnyvale and a comparison of related operating expenses.

Councilmember Risch referenced questions that he had submitted to staff for which he has received responses and shared with Council. He clarified that the service levels will be included in the contract for Council approval.

In response to Mayor Miller's query, staff responded that the short-term contract with the Human Society is for three years, and the long-term contract with Palo Alto is for thirty years.

Director Bradley gave assurances that the associated costs listed in the report are accurate.

Mayor Miller clarified that the cost for sheltering wild life animals is included in the cost.

Mayor Miller opened the Public Hearing at 11:08 p.m.

Dahl Phelps, a member of the public, asked if Palo Alto had emergency care facilities.

Cynthia Cotton, a member of the public, compared the size of the shelter facilities.

Deborah Biggs, representing the Silicon Valley Animal Control Authority (SVACA) advocated a continued service arrangement with SVACA.

Mayor Miller closed the Public Hearing at 11:22 p.m.

Motion by Vice Mayor Risch, and second by Councilmember Walker to authorize staff to complete negotiations and to enter into a long-term contract with the City of Palo Alto and a short-term contract with the Humane Society. The motion carried with Councilmember Fowler dissenting.

Captain Greg Kevin reported that staff has prepared a proposal that has a financial benefit for the City and results in no reduction in service for Sunnyvale residents. The proposal represents both revenue and cost savings opportunities for its existing animal control operation.

Vice Mayor Risch clarified that the City would recover the costs to provide the services to Cupertino.

Councilmember Fowler clarified that the City would provide basic animal control service to Cupertino. He requested that staff reconcile the proposal for $138,000 of annual cost with the proposal made in Dec 2000 for over $3000,000 in annual costs with the City of Cupertino.

Mayor Miller opened the Public Hearing at 11:45 and, there being no public comments, closed the Public Hearing.

Motion by Councilmember Walker, and second by Vice Mayor Risch to authorize staff to explore a long-term contract with the City of Cupertino for Animal Field Services and directed staff to come back with a reconciliation of the numbers that were proposed in December 2000. The motion carried unanimously.

Curtis Black, Superintendent of Parks, reported that the skate park, located at Fair Oaks Park, is currently under construction and scheduled to open to the public in Spring 2003. To protect the City from liability for injuries that may occur at the park, the City needs to enact an ordinance that satisfies the requirements of California Health & Safety Code Section 115800. The proposed ordinance will protect the City from liability as well as establish rules that will help to ensure the safety of skate park users and the care of the facility. California Health & Safety Code Section 115800 provides that "No operator of a skateboard park shall permit any person to ride a skateboard therein, unless that person is wearing a helmet, elbow pads, and kneepads. The code further provides local public agencies with a limited immunity from liability for injuries that occur at skateboard parks. The immunity is available where:

1. The person skateboarding is 14 years of age or older.
2. The skateboarding activity that caused the injury was stunt, trick, or luge skateboarding.
3. The skateboard park is on public property.
4. Participants are required to wear helmets, kneepads, and elbow pads.

Councilmember Walker noted that persons under the age of 14 must be accompanied by a parent or guardian to enter or use the park.

In response to a question, City Attorney Armento stated that this state law was compromised legislation and the City may have some exposure if someone under the age of 14 is injured at the skate park.

Mayor Miller opened the Public Hearing at 11:51 p.m.

Dahl Phelps, a member of the public, expressed concerns for liability issues.

Thom Mayer, a member of the public, inquired if the ordinance would apply to a facility at Lakewood Village and would it be fenced. Mr. Black responded that signage would be posted but currently there are no plans to fence this facility.

In response to Mr. Mayer's concern about defining a helmet, kneepads and elbow pads, City Attorney Armento affirmed that those terms have not been defined in State law and she is not aware that the State has certified any equipment.

Motion by Councilmember Vorreiter, and seconded by Councilmember Howe to adopt the ordinance. The motion carried unanimously.

Mayor Miller requested that any reports to council that include an ordinance be reviewed and signed by the City Attorney. Council did not act upon this request.

ORDINANCE NO. 2719-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ADDING SECTION 9.62.075 TO THE SUNNYVALE MUNICIPAL CODE TO REGULATE SKATE PARKS ON PUBLIC PROPERTY

City Manager LaSala presented a detailed staff report in which he described proposed criteria that the City Council could use in considering recommended revisions to the 10-Year Capital Projects Plan using four criteria in making recommended revisions to the FY 2003/2004 10-Year Capital Projects Plan. Council may use these criteria as presented, or revise them, in providing preliminary policy direction at a special City Council meeting on March 20, 2003 when it re-considers the City Manager's recommended revisions to the 10-Year Plan.

Councilmember Walker stated this is a result of sub-committee work that was done by he and Councilmember Fowler. This is a framework for Council to give feedback when considering the capital projects budget.

Councilmember Fowler asserted that it is Council's role to set policy and it is the staff's role to implement policy.

Vice Mayor Risch stated that projects that result in on-going operating costs could be potential criteria to consider. He would like to have criteria that will enable Council to make decisions in a timely manner.

Mayor Miller opened the Public Hearing at 12:07 a.m.

Ron Swegles, a member of the public, suggested looking at areas to cut within the capital projects.

Thom Mayer, a member of the public, would like to consider the funding options that may not be available at a future date.

Dean Chu, a member of the public, suggested tiering the levels of relevancy within each project.

Mayor Miller closed the Public Hearing at 12:17 a.m.

Motion by Councilmember Walker, and seconded by Councilmember Vorreiter to adopt the four criteria used by the City Manager in making recommended revisions to the FY 2003/2004 10-Year Capital Projects Plan, use the criteria in reviewing recommended revisions, and provide preliminary policy direction at the special City Council meeting on March 20, 2003. The proposed FY 2003/2004 10-Year Plan will be incorporated into the City Manager's recommended budget. Council will finalize policy on the 10-Year Plan when its approves the FY 2003/2004 budget and resource allocation plan by June 30, 2003. The motion carried unanimously.

Motion by Councilmember Fowler, and seconded by Councilmember Howe, that one of the criteria be to leverage funding, of all types, from all outside sources. The motion carried unanimously.

Motion by Councilmember Fowler, and seconded by Vice Mayor Risch, that one of the criteria is to consider the availability of outside funding that is subject to expiration and may be lost. The motion carried unanimously.

Motion by Councilmember Fowler, and seconded by Mayor Miller, to rank the projects as to what degree they fit into a particular criteria. The motion failed with Vice Mayor Risch and Councilmembers Valerio, Vorreiter, Walker, and Howe dissenting.

This item was deferred to April 1, 2003.

James Craig, Field Services Superintendent, reported that this item is to hold a public hearing, then to consider and adopt a resolution to participate in the formation of the Bay Area Water Supply and Conservation Agency (BAWSCA), as identified in AB 2058 (Papan), passed and signed into law in 2002.

Mayor Miller opened the Public Hearing at 12:46 a.m.

Dahl Phelps, a member of the public, commented on the availability of the water supply in the Bay area.

Mayor Miller closed the Public Hearing at 12:48 a.m.

RESOLUTION NO. 107-03: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE DECLARING ITS INTENT TO FORM AND BECOME A MEMBER OF THE BAY AREA WATER SUPPLY AND CONSERVATION AGENCY

Cathy Emerson, representing the Mid-Peninsula Alano Club, directed comments to the Council relative to parking requirements at a facility at 1155 Reed Avenue.

Dahl Phelps, a member of the public, submitted written comments expressing opposition to the war with Iraq.

Councilmember Valerio made comments regarding the recent legislative advocacy trip to Washington, D.C. on behalf of the City and the VTA. He offered Happy Birthday wishes to Councilmembers Walker and Fowler.

Councilmember Fowler reported that budget information is easily accessible in the library and is also available for viewing on the City's website.

Mayor Miller appointed Councilmember Howe and Fowler to an ad hoc committee to set a clear policy on setting the agenda.

City Manager LaSala distributed a list of capital projects that will be discussed at the special meeting on March 20, 2003. He further stated that the Public Safety Department is working in coordination with local, state and regional agencies as part of the heightened awareness for national security.

At 1:08 a.m. Mayor Miller adjourned the meeting in recognition and respect for the life and contributions of Bernard Fruehsamer.

Respectfully submitted,
Susan Kitchens, City Clerk