Ernie Bakin, Director of Public Safety, led the salute to the flag.

Mayor Miller presented Marvin Rose, Director of Public Works, a Proclamation proclaiming May 18^th through May 24th as Public Works Week in Sunnyvale.

Mayor Miller presented Kevin Gregory, Chair of the Bicycle and Pedestrian Advisory Committee, a proclamation proclaiming May 11^th through May 17^th as Bike to Work Week in Sunnyvale.

Councilmember Valerio made the following announcements on behalf of the Council:

The City Council will host two community meetings on the City’s budget crisis to inform the public, and gather input about the full citywide 2003/2004 budget. The first meeting will be Thursday, May 22^nd, at Sunnyvale Middle School, Multipurpose Room #1, from 7:00 p.m. to 8:00 p.m. The second meeting will be Friday, May 23^rd, at Nimitz Elementary School, in the General Learning Center from 10:00 a.m. to 11:00 a.m. For more information, contact Peter Bassett at 730-7739, or check the Community Calendar on the City’s web site at www.ci.sunnyvale.ca.us.

The City will sponsor two events on May 17^th at the Community Center at 550 East Remington Drive. From 10:00 a.m. to 4:00 p.m., the Department of Parks and Recreation will hold its popular Hands on the Arts event, where children in grades Kindergarten through 8th can participate in multi-cultural music, dance, painting, theater, and craft workshops. The cost is $5 per child. At 5:30 p.m., the City and the Sunnyvale Historical Society and Museum Association will dedicate the Bianchi Barn. Following the formal ceremony, there will be a barbecue hosted by the Public Safety Officers Association, as well as a barn dance, complete with square dancing and a disc jockey. The cost of the barbecue is $10 per person.

A bilingual health program on Teen Stress and Depression will be held on Wednesday, May 14^th, from 7:00 p.m. to 8:00 p.m., at Columbia Middle School’s Multipurpose Room, located at 739 Morse Avenue. The goal of the program is to educate parents and the community about how to help teens deal with stress, the signs of depression, and the community resources available for support. For more information contact the Columbia Neighborhood Center at 523-8150.

The City of Sunnyvale is currently recruiting for members to serve on the following Boards and Commissions:

• Arts Commission
• Bicycle and Pedestrian Advisory Committee
• Board of Building Code Appeals
• Child Care Advisory Board
• Heritage Preservation Commission
• Housing & Human Services Commission
• Board of Library Trustees
• Parks and Recreation Commission
• Planning Commission
• Personnel Board

Melinda Hamilton, President of the Friends of Sunnyvale, reported she has filed a lawsuit against the City to include all the charter amendment petitions in the count and for the Registrar of Voters to conduct a verification of all signatures.

Suzi Blackman, President and CEO of the Sunnyvale Chamber of Commerce, announced the annual Sunnyvale Art and Wine Festival will be held on June 7^th and 8^th.

Laura Babcock, of the Sunnyvale Historical Society, announced that on Monday, May 19^th, 7:30 p.m., at the Murphy Park Building, they are having a special program with an art conservator giving a demonstration on the restoration of a Martin Murphy Jr. oil painting.

Lisa Davis, representing the 2002/2003 class of Leadership Sunnyvale, invited the public to the graduation ceremony on Monday, May 19^th, 5:30 p.m., at the Forum Club at 146 South Murphy Street.

Janine Stanick, of Leadership Sunnyvale, thanked the City and their sponsors for their support. She stated the next class starts in September and the contact is Jim Telfer at 749-5691.

Yolanda Risch thanked Public Safety volunteers and Dori Fontaine, Jill Jackson, Mariana Alvarez of Public Safety for their participation at the Bike Rodeo at the Health and Safety Fair.

Councilmember Fowler, noted the Wall of Honor will need to be expanded to include more names of Sunnyvale residents serving on active duty.

Councilmember Howe requested item 1.A. be pulled and considered separately. Vice Mayor Risch moved, and Councilmember Vorreiter seconded, approval of the Consent Calendar with the exception of 1.A. The motion carried unanimously.

Councilmember Howe moved, and Mayor Miller seconded, approval of the Draft Minutes as amended. The motion carried unanimously.

Chuck Schwabe, Deputy City Manager, presented the staff report. He stated the Council agreed to appoint two members each from the community to serve on the committee. He further stated Council would need to appoint three members of the Council to the committee, determine the process to select the chairperson, and adopt a budget modification to fund a tax revenue and tax study. He noted the committee is expected to present its recommendation(s) to Council no later than July 15^th.

Councilmember Fowler expressed concern about the $50,000 study and asked for clarification on how the money would be spent. Mr. Schwabe responded there would be three specific tasks: poll registered voters for their preferences for specific and general taxes, analyze and prepare a report, and assist in developing the language of any proposed ballot measure.

Mayor Miller inquired if the committee did not recommend a tax increase on the ballot, could an in-house survey be done to save $50,000. Mr. Schwabe responded that the proficiency in polling is outside of staff’s expertise.

Mayor Miller inquired if local pollsters were considered. City Manager LaSala responded one of the considerations was experience with the City of Sunnyvale and recommendations from specialty consultants.

Mayor Miller opened the Public Hearing at 8:25 p.m.

Tom Bryant, of Network Appliance, offered his assistance to the ad hoc committee.

Connie Portele, a member of the public, inquired when the Council decided on the direction of the committee to explore increasing fees and taxes instead of reducing services. Councilmember Fowler responded that a citizen survey was done and the results indicated a preference to consider raising taxes to maintain some of the services.

Dave Simons, a member of the public, requested a modification to the committee’s charter to prioritize potential added taxes and a structure for those taxes.

Mayor Miller closed the Public Hearing at 8:30 p.m.

Mayor Miller, Vice Mayor Risch and Councilmember Walker volunteered to serve on the ad hoc committee.

Mayor Miller solicited input on the protocol for choosing a chair.

Councilmember Howe opined the committee should choose their own chair and vice chair.

Councilmember Fowler agreed that the committee should select the chair.

Councilmember Vorreiter moved, and Vice Mayor Risch seconded, that the Council create a 17 member ad hoc advisory committee to assist the City Council in considering whether to consider existing or initiate the process to establish new local taxes. Further, that the Council appoint Mayor Miller, Vice Mayor Risch and Councilmember Walker to serve. Further, that Council appoint the 14 Sunnyvale registered voters and/or business representatives and residents to serve on the committee, and that the committee members choose the chair and vice chair. The motion carried unanimously.

Staff is to send a letter to appoint committee members and to set the scope of assignment for the committee’s work.

Mayor Miller stated it would be a good idea to select one or two members of the community to serve as alternates.

Councilmember Fowler stated it would need to be specified when the alternate would take over for the appointed member.

Councilmember Walker moved, and Councilmember Howe seconded, to appoint two alternatives, Tom Bryant and Pat Castillo, to the ad hoc committee.

Councilmember Fowler offered a friendly amendment to change the motion to three alternates with the addition of Connie Portele. The amendment was accepted.

Councilmember Valerio questioned the need for alternates for a large committee.

Councilmember Vorreiter asked for clarification of the role of the alternate.

Mayor Miller stated it would be prudent to have an alternate who would vote in the absence of a regular committee member.

Vice Mayor Risch stated he did not see the merit of having an alternate.

The motion carried with Vice Mayor Risch and Councilmembers Vorreiter and Valerio dissenting.

Mayor Miller clarified that the three alternates can be called in by the chair or vice chair of the committee in the order that they were nominated: Tom Bryant, Pat Castillo and Connie Portele.

Councilmember Walker moved, and Vice Mayor Risch seconded, to approve Budget Modification 44, and allocate up to $50,000 to fund a new special project for a Revenue and Tax Study.

Councilmember Fowler offered a friendly amendment to lower the $50,000 threshold to $28,000 for one poll instead of two. The amendment was not accepted.

Councilmember Fowler offered a friendly amendment to direct staff to come back with the actual expenditures. The amendment was accepted.

The motion carried unanimously.

Ryan Kuchenig, Project Planner, and Trudi Ryan, Planning Officer, presented the staff report. The proposed project consists of the demolition of the existing apartment buildings and construction of 24 townhouse units that are located in four buildings and three stories in height. The property is located within R-3 (medium density residential) zoning and the applicant is requesting a rezone to R-3/Planned Development as well as a special development permit. The development will provide home ownership opportunities while staying consistent with the neighborhood, and noted staff has not received any negative feedback about the project.

Councilmember Howe inquired if 34 feet is the maximum height allowed excluding the chimney. Mr. Kuchenig responded it was to the peak of the roof and the chimney can exceed that.

Mayor Miller inquired if any trees or mature bushes are being removed in the demolition. Mr. Kuchenig responded there is one City tree that will be removed, and the applicant will be planting 56 trees on the site.

Mayor Miller opened the Public Hearing at 8:57 p.m.

Brad Smith, applicant, presented a slide presentation detailing the proposed project plan, tenant relocation plans and neighborhood profile.

Robert Paternoster, Director of Community Development, noted this is in the San Juan action area of the Community Development strategy.

In response to Mayor Miller, Mr. Smith stated the price range of the units would be in high $300’s to low $400’s.

Mayor Miller closed the Public Hearing at 9:08 p.m.

Councilmember Howe moved, and Councilmember Walker seconded, to adopt a Negative Declaration, introduce an Ordinance to Rezone the site from R-3 to R-3/PD, and approve the Special Development Permit and Tentative Map with conditions. The motion carried unanimously.

ORDINANCE NO. 2722-03 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 759 and 775 CARMEL AVENUE FROM R-3 (MEDIUM-DENSITY RESIDENTIAL) DISTRICT TO R-3/PD (MEDIUM DENSITY RESIDENTIAL/PLANNED DEVELOPMENT) DISTRICT

Diana Perkins, Plan Checker, assisted by Frank Rainone, Plan Check Coordinator, presented the staff report. She stated this Study Issue originated when a citizen expressed concern about the potential spread of a fire from one building to another by flying embers. She stated there are four fire rating categories that roof material can be assigned: Class A, B, C and non-rated. The existing State requirement is for a minimum of a Class C fire rating. However, based on the minimal additional costs and small percentage of property owners being affected, staff recommends Council adopt an ordinance to require a minimum Class B fire rating for all roof material.

Councilmember Fowler inquired as to the capabilities of the various materials and would a Class B lessen the potential for fire. Mr. Rainone responded that it would, with the burn through being four to ten minutes.

Councilmember Vorreiter inquired if the 6 ½ percent increase in cost between Class B and C would be offset by a reduction in insurance. Mr. Rainone responded that staff had not analyzed this.

In response to Mayor Miller, City Attorney Armento, stated if the ordinance is introduced tonight, it would come back to Council for adoption and then go into effect 30 days after that.

Mayor Miller opened the Public Hearing at 9:16 p.m.

Werner Gans, a member of the public, stated he supports the ordinance because it can prevent needless fires and extends the life of the roof.

Mayor Miller closed the Public Hearing at 9:19 p.m.

Councilmember Walker moved, and Mayor Miller seconded, to introduce the ordinance to the Municipal Code to require a minimum of Class B roof material for all structures in Sunnyvale. The motion carried unanimously.

ORDINANCE NO. 2723-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING CHAPTER 16.16 OF THE SUNNYVALE MUNICIPAL CODE, ENTITLED "BUILDING CODE," RELATED TO FIRE RATING FOR ROOF MATERIAL

Jack Witthaus, Transportation and Traffic Manager, and Dan Collin, Senior Engineer with the County of Santa Clara Roads and Airports Department, presented the report. Mr. Collin presented a slide presentation of the highlights of the draft implementation plan. Mr. Witthaus stated the Plan comprehensively identifies improvements and policies necessary to maintain traffic flow, provide for bicyclists and pedestrians, install landscaping, and maintain and operate the system over the next 20 years. He stated the plan is consistent with City policy and plans, for the most part, and staff is recommending conditional endorsement of the Plan.

Vice Mayor Risch inquired if the City should indicate that the local streets and roads are an appropriate use in expressway improvement for the $80 million to $150 million funding in Valley Transportation Plan (VTP) 2020. Mr. Witthaus responded the funding strategy and plan states the local roads money is an appropriate source of money.

Mayor Miller opened the Public Hearing at 9:39 p.m. and, there being no public comments, closed the Public Hearing.

Vice Mayor Risch moved, and Councilmember Valerio seconded, to endorse the draft Comprehensive County Expressway Planning Study and Implementation Plan, with the condition that future improvements at the intersections of Central Expressway/Mary Avenue and Lawrence Expressway/Tasman Drive be listed with the notation that local and regional level of service standards are not projected to be violated at these locations within the timeframe of the Plan, and recommend approval by the County Board of Supervisors. Encourage the County of Santa Clara to pursue shared cooperative local match funding with adjacent local jurisdictions for Comprehensive County Expressway Planning Study and Implementation Plan capital project needs, with the additional designation that the City of Sunnyvale recommends that the local streets and roads funding of VTP 2020 expressway projects be eligible for that money. Direct staff to forward Sunnyvale Bicycle and Pedestrian Advisory Committee comments to the County of Santa Clara Roads and Airports Department. The motion carried unanimously.

Item continued.

No action was taken.

No action was taken.