The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Closed Session regarding Pending Litigation Wowak et al vs. City of Sunnyvale et al, U.S. District Court Case C03 00394, per G.C. 54956.9(a), to a 6:30 p.m. Study Session regarding Review of Revised Plans for the Redevelopment of the Town Center Mall, and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, CA at 7:34 p.m. with Mayor Miller presiding.

Mayor Miller, assisted by a Boy Scout from the audience, led the salute to the flag.

Councilmember Howe made the following announcement on behalf of the Council:

The City of Sunnyvale Department of Public Works will hold a community input meeting on the Mathilda Avenue Caltrain Bridge Rehabilitation Project on Monday, September 29, at the Murphy Park Building, 236 N. Sunnyvale Avenue, from 7:00 p.m. to 8:30 p.m. For more information, contact Jack Witthaus, Transportation and Traffic Manager at (408) 730-7415.

*Pending Council approval

Vice Mayor Risch announced the Council met in Closed Session regarding Pending Litigation Wowak et al vs. City of Sunnyvale et al, U.S. District Court Case C03 00394, per G.C. 54956.9(a). Direction was given but no action was taken.

Mayor Miller announced there have been ten Spare the Air Days this year in the Bay Area. Sunnyvale has had two Spare the Air days back in June. The Mayor clarified that by not meeting the Federal EPA standard for clean air, the City is at risk of losing Federal transportation funding.

Vice Mayor Risch moved, and Councilmember Howe seconded, to approve the Consent Calendar. The motion carried unanimously.

There were no public comments.

Peter Bassett, Community Outreach Coordinator, assisted by Coryn Campbell, Neighborhood and Community Services Manager, presented the staff report. He reported the two statewide ballot measures on the October ballot will have potential impact on the City of Sunnyvale. Passage of Proposition 53 will likely result in increased infrastructure funding to the City of Sunnyvale beginning in FY 2006/2007, and staff recommends a support position. Proposition 54 would ban the collection and use of information needed to understand the issues that affect the lives of a City’s community members, and staff recommends an oppose position.

Councilmember Walker expressed concern regarding Proposition 53 earmarking money with the General Fund being tied to particular uses so the State is not flexible and cannot reallocate resources when there is a problem. He inquired if it made sense to support this type of impasse and if there was a policy. Ms. Campbell responded staff would have to report back to Council.

Mayor Miller opened the Public Hearing at 7:45 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Walker moved, and Councilmember Vorreiter seconded, to oppose both Proposition 53 and Proposition 54. The motion carried with Councilmember Howe abstaining.

No action was taken.

Councilmember Walker asked for clarification about the appeal process for the September 24 Administrative Hearing relating to the San Jose Sabercats application for a Use Permit to allow a tent over their practice field from November through July annually. Vice Mayor Risch responded that the appeal could go before the Planning Commission and he would monitor the outcome.

There were no comments.

Mayor Miller declared the meeting adjourned at 7:50 p.m.

Respectfully submitted,
Cathleen McKay, Interim City Clerk