MINUTES
SUNNYVALE CITY COUNCIL 
APRIL 27, 2004

The City Council of the City of Sunnyvale adjourned from a Closed Session regarding an Update on the Town Center Mall Negotiations pursuant to Government Code 54956.8, and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, CA at 7:30 p.m. with Mayor Howe presiding.

Mayor Howe led the salute to the flag.

ROLL CALL

PRESENT:	Mayor John Howe Vice Mayor Dean Chu Councilmember Fred Fowler Councilmember Julia Miller Councilmember Ron Swegles Councilmember Melinda Hamilton Councilmember Otto Lee
Staff Present:	Amy Chan, City Manager Chuck Schwabe, Deputy City Manager Valerie Armento, City Attorney Robert Paternoster, Director of Community Development Mary Bradley, Director of Finance Marvin Rose, Director of Public Works Trudi Ryan, Planning Officer Kelly Diekmann, Associate Planner Tim Kirby, Revenue Systems Supervisor Susan Ramos, City Clerk

SPECIAL ORDER OF THE DAY

Mayor Howe was joined at the podium by Captain Tim Johnson, Public Safety Officer Dean Discher, Silicon Valley Kiwanis Club President, Norm Betts, and club members Donna Betts, Bruce Carlson and Nancy Carlson, to present awards to the winners of the Annual Fire Safety Poster Contest.

PUBLIC ANNOUNCEMENTS

Councilmember Hamilton announced the ongoing recruitment for all the City Boards and Commissions noting the application deadline of May 21. She also announced the next Community Outreach Meeting on the downtown redevelopment on April 29 at 7:00 p.m. at the Del Monte Building.

Vice Mayor Chu reported on the following Closed Sessions:

• April 20 regarding SEA (Sunnyvale Employee Association) labor negotiations – continued to April 26, 2004
• April 22 regarding the City Attorney’s evaluation – no direction was given and no action taken
• April 26 regarding the City Manager’s evaluation – no direction given and no action was taken
• April 26 regarding SEA labor negotiations – direction was given, and no action was taken.
• April 27 regarding Town Center Mall negotiations – no direction was given and no action was taken. 

Mayor Howe announced the Braly Corners Neighborhood Association meeting on May 6, which is the sixth in a series of City Council outreach meetings.

Mayor Howe announced that there was a change made to pages 12 and 13 of RTC 04-143, the Moffett Plan and Associated Amendments, adding an alternative number 4.

Brian (last name illegible), a member of the public, announced the production of Fiddler on the Roof at the Sunnyvale Community Center.  For more information, visit their web site at www.Sunnyvaleplayers.org.

Eugene Bradley, of the Santa Clara VTA Riders Union, announcing a rally in front of the County Supervisor’s office in San Jose next Thursday, May 6, opposing VTA’s fare increase.

Leslie Lawton, representing the Sunnyvale Historical Society, commented about their Walk-a-Thon fund raiser on April 17.

Suzi Blackman, of the Sunnyvale Chamber of Commerce, announced the Wine and Art Festival in downtown Sunnyvale on June 5 and 6.

Arley Marley, of the Sunnyvale Chamber of Commerce, announced the first Disaster Awareness Evening on May 12 at 7:30 p.m., hosted by the Department of Public Safety.

CONSENT CALENDAR

Sean Jackson, a member of the public, requested item 1.D. be pulled from the Consent Calendar and considered separately.  Vice Chair Chu moved, and Councilmember Miller seconded approval of the Consent Calendar with the exception of 1.D.  The motion carried unanimously.

1.A		Approval of Draft Minutes (Regular Meeting of April 20, 2004 and Special Meeting of April 17, 2004)
1.B.		Approval of Information/Action Items - Council Directions to Staff

Fiscal Items

1.C.	RTC 04-140	List of Claims and Bills Approved for Payment by the City Manager (List No. 193)   Staff Recommendation: Review the attached list of bills.
1.D.	RTC 04-141	Award of Invitation for Bids No. F0301-41 for Stump Removal and Tree Planting Services

Marvin Rose, Director of Public Works, presented the staff report.

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

Sean Jackson, a member of the public, expressed concern over outsourcing this type of work, instead of utilizing City resources.

Mayor Howe closed the Public Hearing at 8:18 p.m.

Councilmember Miller moved, and Councilmember Hamilton seconded for discussion, to oppose staff’s recommendation. The motion failed with Mayor Howe, Vice Mayor Chu, and Councilmembers Fowler, Swegles, Hamilton, Lee and Miller dissenting.

Councilmember Fowler moved, and Mayor Howe seconded to approve staff’s recommendation to award a contract, in substantially the same form as the attached Purchase Order and in an amount not to exceed $57,115, to West Coast Arborists, Inc., for tree stump removal and tree planting services.  The motion carried unanimously

1.E.

RTC 04-142

City of Sunnyvale Investment Report First Quarter 2004   Staff Recommendation: Receive and file the investment report.

CITIZENS TO BE HEARD

Rich Shapiro, a member of the public, addressed concerns to the Council regarding the conduct of Public Safety.

PUBLIC HEARINGS/GENERAL BUSINESS

2.

Resolution no. 111-04 RTC 04-143

Moffett Park Specific Plan and Associated Amendments to the Zoning Ordinance (continued from March 30, 2004) ·         Adoption of the Moffett Park Specific Plan ·         Introduction of an Ordinance to Adopt Chapter 19.29 Moffett Park Specific Plan and Associated Amendments to the Zoning Ordinance (Staff requests continuance of ordinance portion to May 11, 2004)

Kelly Diekmann, Associate Planner, assisted by Trudi Ryan, Planning Officer, presented the staff report.

Staff responded to questions posed by the Council regarding a definition of the specific plan.

Mayor Howe opened the Public Hearing at 8:37 p.m.

Ashley Mozart, of Mozart Development Company, stated they are interested in purchasing properties in the Moffett Park area and developing small square footage buildings for small business owners. 

Tom Bryant, of Network Appliance, expressed concern about continuing the review of the Zoning Ordinance amendments to May 11, 2004 meeting.

Jane Vaughn, with Menlo Equities, thanked everyone for their efforts and stated they were happy with the outcome.

Mayor Howe closed the Public Hearing at 8:45 p.m.

Councilmember Fowler moved, and Councilmember Swegles seconded, to accept staff’s recommendation for Alternatives 1 and 4, to accept the MPSP in accordance with the Planning Commission and to continue the public hearing and review the Zoning Ordinance amendments to May 11, 2004.  The motion carried unanimously.

RESOLUTION NO. 111-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ADOPTING THE MOFFETT PARK SPECIFIC PLAN

3.

RESOLUTION NO. 112-04 RTC 04-147

Proposed Fiscal Year 2004/2005 Utility Rates (continued from April 20, 2004)

Tim Kirby, Revenue Systems Supervisor, and Mary Bradley, Director of Finance, availed themselves to questions.

Mayor Howe opened the Public Hearing at 8:50 p.m.

Arley Marley, of the Sunnyvale Chamber of Commerce, stated they put out an e-blast to the Sunnyvale business community and read the contents of the e-blast.  He stated only 19 members responded and he reviewed the results.  He stated business needs more time to evaluate and respond to tax increases.

Mayor Howe closed the Public Hearing at 9:11 p.m.

Councilmember Miller moved, and Councilmember Swegles seconded, to accept staff’s recommendation for Alternative 1, to adopt the attached resolution establishing the aforementioned water, wastewater, and solid waste collection rates with the proposed cost reductions and corresponding changes to service levels.  The motion carried unanimously.

RESOLUTION NO. 112-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ESTABLISHING RATES AND CHARGES FOR WATER, WASTEWATER AND SOLID WASTE COLLECTION AND DISPOSAL SERVICES FOR FISCAL YEAR 2004/2005 AND REPEALING ALL RESOLUTIONS OR PORTIONS THEREOF INCONSISTENT HEREWITH

4.

RTC 04-148

Implementation Plan to Restore Sewer Lateral Service and Budget Modification No. 38

Tim Kirby, Revenue Systems Supervisor, presented the staff report. 

Mayor Howe opened the Public Hearing at 9:15 p.m. and, there being no public comments, closed the Public Hearing

Vice Mayor Chu moved, and Councilmember Fowler seconded, to accept staff’s recommendation to adopt Budget Modification No. 38, appropriating $63,694 from the Rate Stabilization Reserve of the Wastewater Management Fund to the Wastewater Management Operating program, to fund the restoration of the service to maintain, repair, and replace private sewer laterals, and install clean outs on private sewer laterals.  The motion carried unanimously.

5.

rtc 04-149

Review of Study Issue Priorities for the Community Development Department for 2004  (continued from April 20, 2004 - New-Car Auto Dealer's Committee Report)

Robert Paternoster, Director of Community Development, assisted by Trudi Ryan, Planning Officer, presented the staff report.

Staff responded to questions from Council regarding staff hours, an ordinance for decorative banners, and procedural questions.

Mayor Howe opened the Public Hearing at 9:31 p.m.

Harriet Rowe, a member of the public, advocated to keep a focus on aesthetically pleasing and moderate signage throughout the City.

Arthur Schwartz, a member of the public, advocated for signs of auto dealerships while maintaining the aesthetics.

Mayor Howe closed the Public Hearing at 9:39 p.m.

Mayor Howe moved, and Councilmember Fowler seconded, to re-rank the Community Development Department Study Issue Priority List by adding two new items under 1B and 3B and rank items 4 – 7 as continuing items if not concluded by the end of this year, even if the projects are not started. Also, request staff to bring back an item to Council on May 4 with a revised list and schedule.

1A – Board on Accessibility for Physically Handicapped

1B – Revive Auto Dealer Decorative Banner Program (new item)

2 – Clarify CEQA for Heritage Preservation

3A – Allowable Construction Hours for Homeowners

3B – Sign Code for Auto Dealerships (new item)

4 – Height Limit in R-3 Zone

5 – Zoning Tools to Encourage Ownership Housing

6 – TDM for Higher Density Residential Projects

7 – Zoning Land for Service Uses

Mayor Howe moved, Council Member Fowler seconded to reorder the priorities for Community Development Department study issues as follows, noting that items 4 through 7 will remain on the list as continuing items if not concluded this year. The motion also included directing staff to bring back to Council under Informational Items Only next week a schedule for the study issues based on the additions made tonight:

1a - Board on Accessibility for Physically Handicapped (no change)

1b - Revive Auto Dealer Decorative Banner Program

2 – Clarify CEQA for Heritage Preservation (no change)

3a –Allowable Construction Hours for Homeowners (no change)

3b – Revise Sign Code for Auto Dealership

4- Height Limit in R3 Zone (no change)

5- Zoning Tools to Encourage Ownership Housing (no change)

6 – TDM for Higher Density Residential Projects (no change)

7 – Zoning Land for Services Uses (no change)

The motion carried unanimously.

NON-AGENDA ITEMS & COMMENTS

COUNCIL

Councilmember Miller opined the appeal items are getting lost in the process.  Robert Paternoster, Director of Community Development, responded the reports are on the web site as part of Council Agenda.

STAFF

There were no comments.

ADJOURNMENT

Mayor Howe declared the meeting adjourned at 9:53 p.m. to the Redevelopment Agency.

Respectfully submitted,
Susan Ramos, City Clerk