Captain Greg Kevin, Department of Public Safety, led the salute to the flag.

Ken Ludlum, President and Chief Executive Officer of Revivant Corporation, presented Mayor Miller and Chief Ernie Bakin, Lieutenant Steven Drewniany, Lieutenant Mike Andrade, Detective Eric Fuji, Officer Gary McConnel and Officer Rick Stagner of Sunnyvale’s Department of Public Safety, with plaques commemorating Sunnyvale’s role in deploying innovative life saving systems, which include the AutoPulse©. Resuscitation System.

Vice Mayor Risch announced that the Council met in Closed Session regarding Labor Relations – PSOA, SEA, SEIU and COA Management and Confidential Employees. Direction was given but no action was taken.

Mayor Miller stated there were no additions to the Wall of Honor this evening. She announced that residents are invited to stop by for coffee and conversation with her at the Coffee & More restaurant, at 100 South Murphy Street, on Saturday, June 14th, between 9:30 a.m. and 11:00 a.m.

Shiloh Ballard, of the Housing Action Coalition (HAC) of The Silicon Valley Manufactures Group, and Sally Probst with the League of Women Voters, read from a brochure entitled "The Realities of Affordable Homes". They stated the HAC has successfully advocated for more than 32,000 new homes for working families in Silicon Valley, of which 50 percent were affordable to low and moderate income earners. They addressed the myths relating to high density development impact on public services, traffic, schools, property values and crime.

Councilmember Howe requested that the minutes be pulled and considered separately. Mayor Miller requested that items 1.D and 1.H be pulled and considered separately. Vice Mayor Risch moved, and Councilmember Howe seconded, approval of the Consent Calendar with the exceptions of 1.A, 1.D and 1.H. The motion carried unanimously.

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

Mark Gregersen, Director of Human Resources, and Sean Tran, Human Resources Analyst, availed themselves for questions.

Mayor Miller inquired the reason for the delay in bringing this before Council since it was approved a year ago. Director Gregersen responded the employees have been in a transitional classification, which are to expire on July 1^st, and are now being converted to permanent classifications. Mayor Miller questioned the process for converting these positions and inquired if these were additional hires. Director Gregersen responded there were no new hires, but rather these positions were transitioned into the permanent employee classifications.

Mayor Miller opened the Public Hearing at 8:01 p.m. and, there being no public comments, closed the Public Hearing.

Vice Mayor Risch moved, and Councilmember Howe seconded, to approve inclusion of the new classifications into the City's Classification Plan and Salary Resolution. The motion carried unanimously.

RESOLUTION NO. 117-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE CLASSIFICATION PLAN OF THE CIVIL SERVICE BY CREATING THE JOB CLASSIFICATION TITLES OF PART-TIME AUTOMOTIVE SHOP ATTENDANT, PART-TIME FACILITY ATTENDANT I/II, PART-TIME LANDFILL TECHNICIAN, PART-TIME ENVIRONMENTAL CHEMIST I/II, PART-TIME LABORATORY/FIELD TECHNICIAN, FULL-TIME AUTOMOTIVE SHOP ATTENDANT, FULL-TIME FACILITY ATTENDANT I/II AND FULL-TIME LANDFILL TECHNICIAN AND BY ADDING THE CLASSIFICATION SPECIFICATIONS THEREFOR

RESOLUTION NO. 118-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE CLASSIFICATION PLAN OF THE CIVIL SERVICE BY REPLACING THE JOB CLASSIFICATION TITLE OF LEISURE SERVICES COORDINATOR I/II WITH THE NEW JOB CLASSIFICATION TITLE OF RECREATION COORDINATOR I/II AND BY ADDING THE CLASSIFICATION SPECIFICATIONS THEREFORE

RESOLUTION NO. 119-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING RESOLUTION NO. 145-02, THE CITY’S SALARY RESOLUTION, BY ADDING PAY SCHEDULES FOR THE NEW CLASSIFICATION TITLES OF PART-TIME AUTOMOTIVE SHOP ATTENDANT, PART-TIME FACILITY ATTENDANT I/II, PART-TIME LANDFILL TECHNICIAN, PART-TIME ENVIRONMENTAL CHEMIST I/II, PART-TIME LABORATORY/FIELD TECHNICIAN, FULL-TIME AUTOMOTIVE SHOP ATTENDANT, FULL-TIME FACILITY ATTENDANT I/II, AND FULL-TIME LANDFILL TECHNICIAN

Mike Chan, Property Manager, presented the staff report.

Mayor Miller inquired why the Dorolou Swirsky Youth Opportunities Fund was not used as a description since the property had been donated.

Valerie Armento, City Attorney, clarified that if the Council approves the appraisal, it would come back to Council to approve the sale and she could clarify at that time what the trust requires with regard to any specific name usage.

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

Mayor Miller moved, and Vice Mayor Risch seconded, to direct staff to appraise and market the property at 1133 Hollenbeck Road in order to provide funding to the Youth Opportunity Fund. Staff will return to Council to ask for approval of the sale if a buyer is found that makes an offer equal to or greater than the appraised value. The motion carried unanimously.

Ernie Bakin, Director of Public Safety, and Steve Drewniany, Lieutenant, Public Safety, presented the staff report. Lieutenant Drewniany stated the proposed action plan has three components: a shift in operational focus and accompanying procedures, the completion of EMT-B training for all officers, and the implementation of the core recommendations as reflected in the Fitch Report, which will address the necessary EMS oversight, quality control and education measures. He stated in order to implement these activities and be in compliance with the agreement with the County, the EMS program must be staffed with a Lieutenant’s position to oversee EMS, the expansion of the Medical Director’s oversight role, a new civilian position responsible for quality improvement, and a new civilian position responsible for public education efforts.

Mayor Miller inquired if these were new positions and when these people would be hired. Lieutenant Drewniany responded these were new positions and recruitment would begin immediately after Council approval. Chief Bakin clarified the new staff will not be on board until January.

Mayor Miller inquired if the Public Education position could provide additional education other than EMS. Chief responded this position is slated to only be for EMS, but would also do training on public safety.

Mayor Miller inquired what the percentage of the set aside budget is. Chief Bakin responded it was approximately 65 per cent.

Vice Mayor Risch inquired when the collection of EMS data, analysis, and potential future actions would be available. Lieutenant Drewniany responded it would be 18-24 months.

Vice Mayor Risch inquired why would it take six months to hire, and could it be expedited. Chief Bakin stated it would take time to develop position descriptions and determine pay scales.

Mayor Miller opened the Public Hearing at 8:20 p.m., and there being no public comments, closed the Public Hearing.

Vice Mayor Risch moved, and Councilmember Walker seconded, to approve the Department of Public Safety’s Emergency Medical Services Action Plan, including recommended actions and resource allocations, and that this program be implemented as quickly as possible. The motion carried unanimously.

Ryan Kuchenig, Project Planner, and Trudi Ryan, Planning Officer presented the staff report. He reported the State Legislature passed AB1866 to combat the existing housing shortage and requires that all accessory living units be considered ministerially rather than through a discretionary process. Although the adopted change of current regulations will not increase or decrease the requirements for property owners to develop accessory units, the process for new proposals will be streamlined considerably for detached units. He stated if the City of Sunnyvale does not adopt an ordinance that allows ministerial review of accessory units, all new applications for accessory units shall be considered ministerially for compliance to state regulations, which among other items, provide that accessory units could be built as large as 1,200 square feet on lots zoned for single family and multi-family use.

Councilmember Walker inquired if there were any other conditions other than the 45% floor area ratio (FAR) that could circumvent the Planning Commission review. Ms. Ryan responded properties need to meet the minimum size requirements and there are other standards that need to be met as well, so it is unlikely there would be problems. She further responded the additions would have to be accessory living units and meet the parking requirements.

Councilmember Howe inquired if this changes any of Sunnyvale’s accessory living rules. Ms. Ryan responded it does not, but if Sunnyvale does not pass this ordinance by July 1^st, the State Regulations would be imposed which relaxes the standards of the larger accessory living units.

Mayor Miller opened the Public Hearing at 8:28 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Howe moved, and Councilmember Walker seconded, to introduce an Ordinance to the Municipal Code amending sections 19.12 and 19.18 concerning accessory living units. The motion carried unanimously.

ORDINANCE NO. 2726-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING CERTAIN SECTIONS OF TITLE 19 OF THE MUNICIPAL CODE (ZONING) RELATED TO THE APPROVAL

Therese Balbo, Finance Manager, and Mary Bradley, Director of Finance, presented the staff report. Ms. Balbo stated as part of the budget reduction package for Fiscal Year 2003/2004, staff recommended that the Council approve the implementation of a new fee for the processing of new business license applications and business license renewals. Staff recommends that the language in the Business License Tax ordinance be modified by adding the provision that all applications for licenses, including first time licenses, licenses for newly established businesses, and renewals of any previously issued license be assessed a processing fee of $27 for each new business license application and $17 for each renewal. She stated the fee resolution is scheduled to go before Council on June 17th, 2003.

Councilmember Howe inquired what process improvement activities are planned to reduce the $17 collection costs and when would it come back to Council. Ms. Balbo responded they are looking at alternatives to the annual renewal cycle and would come back to Council before the next annual license cycle.

Mayor Miller inquired if a two year renewal process could be implemented at the same time. Director Bradley stated they are exploring a number of alternatives and their recommendations would be brought back to Council before the next renewal period of January 1, 2004.

Mayor Miller opened the Public Hearing at 8:34 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Howe moved, and Councilmember Walker seconded, approval of the proposed change to Chapter 5.04 of the Sunnyvale Municipal Code relating to Business License Tax processing fees, with staff to come back to Council with recommendations before the next renewal cycle. The motion carried unanimously.

ORDINANCE NO. 2727-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING CHAPTER 5.04 OF THE SUNNYVALE MUNICIPAL CODE, RELATED TO BUSINESS LICENSE TAX PROCEDURES

Ernie Bakin, Director of Public Safety, and Byron Pipkin, Captain, Public Safety, presented the staff report. Captain Pipkin reported that Public Safety responds to over 1200 false fire alarms a year which require significant staff time and negatively influences the overall safety of the community by diverting staff. Several Bay Area cities were surveyed and the results were presented to Council as Point Five (Potential Fee, Charge and Tax Increases) of the City Manager’s Six-Point Action Plan. Staff proposes charging a flat fee of $150 on the third instance of a false fire alarm within a one year period. In conjunction with the proposed false fire alarm fee, staff is proposing a modification to the current structure of the false burglar alarm fee. Currently, a fee is charged on the fourth instance of a false burglar alarm and has a progressive structure. This structure has required extensive staff time in order to track and measure repeat offenders. Therefore, staff has proposed that Council adopt an identical fee structure to that of the proposed false fire alarm.

Mayor Miller opened the Public Hearing at 8:37 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Valerio moved, and Vice Mayor Risch seconded, to approve the proposed changes to Charter 9.90 of the Sunnyvale Municipal Code relating to False Alarms. The motion carried unanimously.

ORDINANCE NO. 2728-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING CHAPTER 9.90 OF THE SUNNYVALE MUNICIPAL CODE PERTAINING TO ALARM SYSTEMS

Valerie Armento, City Attorney, presented the staff report. She reported a study recently was undertaken of Chapter 5.28 of the Sunnyvale Municipal Code, which regulates "peddlers and solicitors". The purpose of the study was to determine whether the Chapter complies with the requirements of the First Amendment as currently expressed by the courts. Based on this study, a number of constitutional problems with Chapter 5.28 have been identified. As a result, she recommended that the Council repeal Chapter 5.28 and enact a new Chapter 5.28 creating an exemption based on the dollar value of the goods or services being sold so that the City can maintain some of the current licensing provisions.

Councilmember Walker inquired if the exemption for low cost items was an aggregate or individual amount. City Attorney Armento responded it was per item.

Councilmember Walker inquired if the requirement for name and address would include the Girl Scouts. City Attorney Armento responded most cases have a defined peddler, but can work with the Girl Scout if issues arise.

Mayor Miller opened the Public Hearing at 8:46 p.m. and, here being no public comments, closed the Public Hearing.

Vice Mayor Risch moved, and Councilmember Howe seconded, introduction of an ordinance repealing Chapter 5.28, and adopting a new Chapter 5.28. The motion carried unanimously.

ORDINANCE NO. 2729-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING SUNNYVALE MUNICIPAL CODE CHAPTER 5.28 CONCERNING PEDDLERS AND SOLICITORS

Valerie Armento, City Attorney, presented the staff report. She reported a study recently was undertaken of Chapter 9.60 of the Sunnyvale Municipal Code, which regulates "advertising and printed matter". The purpose of the study was to determine whether the Chapter complies with the requirements of the First Amendment as currently expressed by the courts. Based on this study, she recommends that the Council take the following action:

1. Repeal Sections 9.60.050, 9.60.70, and 9.60.080 pertaining to the distribution of advertising and printed matter on private property.

2. Amend Section 9.60.020 to provide that distribution of advertising and printed matter "in violation of the Chapter" (instead of "without regulation") is declared a public nuisance.

3. Amend Section 9.60.90 to provide that it is unlawful to distribute any printed matter, advertising sample or device, to any private property where a conspicuous sign has been posted prohibiting such distribution; and that any printed matter, advertising sample, or device delivered to private property must be distributed in such a manner that it will not be blown or carried by the wind.

In response to Mayor Miller’s concerns regarding landscaping ads, City Attorney Armento stated citizens could post a sign to deter solicitation.

Councilmember Howe inquired if thrown materials can be on a sidewalk or if they must be on private property. City Attorney Armento responded they should not obstruct a public sidewalk and she would investigate further.

Mayor Miller opened the Public Hearing at 8:52 p.m.

Manny Maceas, a member of the public, stated he does not see this as a problem and opposes restrictions on advertising. Councilmember Howe clarified this does not restrict a realtor from leaving literature at a door step unless there is a no solicitation sign.

Mayor Miller closed the Public Hearing at 8:56 p.m.

Mayor Miller inquired how this would be enforced and communicated. City Attorney Armento responded she would work with Public Safety and those who come to the City for licensing will be informed.

Councilmember Howe moved, and Councilmember Valerio seconded, adoption of an ordinance repealing Sections 9.60.050, 9.60.070, and 9.60.080, and revising Sections 9.60.020 and 9.60.090. The motion carried unanimously.

ORDINANCE NO. 2730-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING SUNNYVALE MUNICIPAL CODE CHAPTER 9.60 CONCERNING ADVERTISING AND PRINTED MATTER

Robert LaSala, City Manager, presented the staff report. He stated that due to the fiscal crisis in Sunnyvale, and subsequent recommendations to Council for budget reductions in ten of eleven departments, City staff will not be able to complete all of the study issues currently on the 2003 Study Issue calendar. He recommended the following study issues be cancelled:

Temporary Employment Policies (scheduled June 17th and July 15th, 2003) A conclusion of the study to provide additional benefits would create an additional expense during a time when the City does not have the ability to meet the expense.

Presentation of Current Practices Relative to ADA and Accessibility (scheduled for July 15th, 2003) This is not technically a study issue but requested by Council. Staff requests this issue be cancelled due to production capacity issues created by additional budget preparation and the mall parking deck.

Feasibility of Establishing a Telecommunication Commission (scheduled November 11th, 2003) The reduction of a Technical Support Manager position, and a vacancy in the Administrative Analyst position, creates a production capacity limitation, and the potential creation of a commission would place an additional time and workload burden on the department.

The study issues recommended for postponement are:

Webcast City Council Meetings (scheduled May 6th, 2003) The IT department has insufficient staffing resources to complete this study issue due to a vacancy for an Administrative Analyst and the reduction of a Technical Support Manager.

Concept of Digital Marquee at Corner or Wolfe and El Camino (scheduled August 12th, 2003) In addition to concerns about staff workload, a digital marquee would likely cost tens of thousands of dollars which staff believes would be an imprudent expense during this budget crisis.

Revision of Open Space and Recreation Sub-Elements – workplan only (scheduled September 16th, 2003) Staff recommends reducing appropriations for this project from $50,000 to $40,000 which may eliminate some flexibility in the process, and moving the projected start date to 2004 for staff to adjust to service level and staff reductions.

Pedestrian Safety Opportunities Study (scheduled March, 2004) Staff recommends deferring this item as funding was not provided due to the budget situation.

Update Fiscal Sub-Element (scheduled October 2004) Staff recommends postponement of this ongoing/unscheduled project due to proposed elimination of Management Analyst position and subsequent production capacity limitations that this vacancy will create for remaining staff.

Assess Future Library Needs – Workplan Implementation (schedule TBD) Funding ($287,180 over two years) would have been used to hire a casual manager to oversee the project and engage consultants to conduct a formal needs assessment. The Library does not have in-house expertise for these activities or the staff to oversee special projects.

Two study issues are listed as advance notice of delay (deadline may slip due to staff workload):

Mathilda Avenue Bridge Improvements (scheduled August 19th, 2003) - contingent on Council approving funds in budget. This project is on hold until final budget adoption by the City Council, and a new schedule will be developed once the State budget issues are resolved.

Revisions to the Council Co-Sponsorship Policy (scheduled October 21st, 2003) May need to be postponed due to workload.

Mayor Miller inquired what the total cost savings would be if Council accepts all the recommendations, and how the cost savings would be allocated. City Manager LaSala responded it is a cost reduction in the proposed budget and each of the projects is listed under the fiscal impact. He will ask the staff to determine the impact. He further stated the dollars have already been excluded from the proposed budget.

Councilmember Fowler inquired what the difference is between cancellation and postponement. City Manager LaSala responded cancellation would require staffing to be restored in order to proceed. City Manager LaSala further stated Council was free to bring these items back next year as study issues.

Councilmember Fowler noted the Temporary Employment Policies study issue is scheduled for June 17^th and inquired how money could be saved. Director Gregersen responded they were not prepared to proceed on the 17^th. Councilmember Fowler inquired how many of the 180 hours were used and the expense. Director Gregersen responded approximately 30 to 40 hours at about $1500. City Manager LaSala clarified the study issues was being recommendation for cancellation due to the implementation cost, not the cost of the study.

Councilmember Fowler inquired if retaining this would require a budget modification. City Manager LaSala stated the implementation would be cost prohibitive based on the preliminary analysis.

Mayor Miller inquired how a policy could be cost prohibitive. Director Gregersen responded the study issue was to consider providing additional benefits to temporary employees.

Vice Mayor Risch inquired about the Feasibility of a Telecommunications Commission, and asked if an ad hoc committee can be formed to advise the Council. Shawn Hernandez, Director of Information Technology, responded they will bring an outside group together to advise Council.

Vice Mayor Risch inquired about Pedestrian Safety Opportunities Study, and if the pedestrian enhancement feature still being considered. Marvin Rose, Director of Public Works, responded they have a grant for pedestrian lighting and will move forward, but the location would be handled separately. Director Rose further stated they would continue to look for grant opportunities.

Mayor Miller inquired if any of the TFCA funds could be earmarked for pedestrian safety. Director Rose responded they would continue to use these funds.

Mayor Miller inquired about the status of the crosswalk from the new multi-modal parking structure across Evelyn. Director Rose responded they are finalizing a report to Council on this project and will return to Council with a status report. Director Rose clarified that by not going forward with the study issue does not mean they would not be making improvements. They would just be done on a one by one basis.

Mayor Miller expressed concern over the pedestrian safety issue on Evelyn Avenue.

Mayor Miller inquired if there is any liability with canceling the Current Practices Relative to ADA and Accessibility. City Attorney Armento responded she does not see any liability exposure.

Mayor Miller opened the Public Hearing at 9:26 p.m.

Thom Mayer, a member of the public, expressed concern over the postponement of the Pedestrian Safety Opportunity Study and cancellation of the Current Practices Relative to ADA and Accessibility.

Vice Mayor Risch inquired what the scope would be for a presentation to Council on ADA policies. Robert Paternoster, Director of Community Development, responded it would take approximately 40 hours of staff time to prepare.

Councilmember Walker inquired if continuing this item to a later date would help. Director Paternoster replied it would have to be put off until the next calendar year.

Mayor Miller inquired about the Mathilda Avenue project, if a consultant been hired, and the cost of the project. Director Rose responded that a consultant has not been hired, and the cost for the project is approximately $15 million, with $10 million in Federal Hazardous Bridge Replacement Funds subject to environmental review and design.

Mayor Miller closed the Public Hearing at 9:37 p.m.

Mayor Miller inquired about the Open Space and Recreation Sub Elements. Robert Walker, Director of Parks and Recreation, replied they are combining the open space and recreation sub-elements and are asking for a one year extension. He further stated the Digital Marquee would cost thousands of dollars.

Vice Mayor Risch moved, and Councilmember Walker seconded, to accept all recommendations.

Mayor Miller offered a friendly amendment to restore the Current Practices Relative to ADA and Accessibility. Vice Mayor Risch accepted the amendment with the condition that staff bring it back to Council on June 17^th for consideration as a separate item.

Councilmember Walker offered a friendly amendment to cut the Webcast City Council Meetings and Concept of a Digital Marquee study issues. The amendment was accepted.

Councilmember Howe and Mayor Miller stated they will sponsor a new study issue on Temporary Employment Policies.

Councilmember Fowler offered a friendly amendment to retain Temporary Employment Policies. The amendment was not accepted.

Councilmember Fowler moved, and Mayor Miller seconded, to retain the Temporary Employment Policies study issue with funding from Fiscal Uncertainties if necessary to pay for it.

Per City Manager LaSala’s request, Director Gregersen reviewed the Temporary Employment Policy study issue.

Mayor Miller inquired how many temporary employees are employed by the City. Staff to provide an accurate headcount to Council.

The motion failed, with Vice Mayor Risch and Councilmembers Valerio and Walker dissenting.

Councilmember Fowler offered to co-sponsor a new study issue on Temporary Employment Policies along with Mayor Miller and Councilmember Howe.

The original motion carried unanimously.

No action was taken.

There were no comments.

Councilmember Howe inquired when the cost to fill a position in Public Safety would come back to Council. City Manager LaSala responded it would be in next week’s Council packet.

Mayor Miller requested that staff examine increased fees in the Library late return charges, and in the Public Safety Department related to turning in firearms as well as other areas. She requested a report on the fire loss statistics for the current fiscal year-to-date.

Mayor Miller invited the public to "Coffee and Conversation with the Mayor" this Saturday morning at 9:30 a.m. at the Coffee and More restaurant on Murphy Street.

STAFF

City Manager LaSala reported that the Town Center Mall would close on or around August 31^st. When a firm date is established it will be announced. He noted this does not include the Macy's and Target stores. He also reported that the City may suffer an additional loss of State shared revenues estimated from $500 thousand to $2.5 million. He stated once the State Budget is adopted, staff will return to Council to report on the impact to Sunnyvale services.

At 10:08 p.m., Mayor Miller adjourned the regular meeting to a Closed Session regarding Labor Relations – PSOA, SEA, SEIU and COA Management and Confidential Employees.

The Closed Session was adjourned at 10:30 p.m.

Respectfully submitted,
Susan Kitchens, City Clerk