Mayor Howe questioned who would keep the materials and how would they be distributed. Robert Paternoster, Director of Community Development, responded the Marketing Materials will be the property of the City and the Economic Development Department will distribute them.  He further stated the brochures will target several industries.

Councilmember Miller inquired if the $45,000 had been spent.  Director Paternoster responded that they have not spent the $45,000 and that the $5,000 supplement was important to do the target marketing.

Mayor Howe opened the Public Hearing at 7:46 p.m., and there being no public comments, Closed the Public Hearing.

Councilmember Miller moved, and Mayor Howe seconded, to approve Budget Modification No. 25 to accept the $5,000 PG&E grant and appropriate it into the Economic Prosperity program budget.  The motion carried unanimously.

Personnel Items

Contracts

Marilyn Crane, Manager of Information Technology Services,  responded to questions posed by Council.  She stated as part of the negotiation process, staff hopes to recover fees as a condition of renewing the contract, and those fees are paid to the City.

Mayor Howe opened the Public Hearing at 7:50 p.m.

Arthur Schwartz, a member of the public, expressed concerns over the increased fees from Comcast.

Harriet Rowe, a member of the public, requested Council look into getting a Comcast site license for nursing homes.

Mayor Howe closed the Public Hearing at 7:57 p.m.

Councilmember Hamilton moved, and Councilmember Miller seconded, to approve Budget Modification No. 27 and award a contract to Municipal Services Associates, Inc., in the amount not-to-exceed $85,590, and direct staff to investigate the rate structure in terms of bundling with internet and basic service rates, and investigate providing cable site licenses for nursing homes or other hardship facilities.  The motion carried unanimously.

Other Items

Robert Walker, Director of Parks and Recreation, responded to questions from the Council pertaining to the reasoning behind the staff recommendation.

Mayor Howe opened the Public Hearing at 8:00 p.m.

(Name illegible) A member of the public, spoke in support of staff’s recommendation.

Karen Cantin, a member of the public, spoke in support of renaming court number 16 as  recommended by staff.

Arthur Schwartz, a member of the public, spoke in support of more signs recognizing contributors to Sunnyvale.

Brian Garrow, a member of the public, spoke in support of renaming the court per staff’s recommendation.

Mayor Howe closed the Public Hearing a 8:05 p.m.

Councilmember Swegles moved that the Council recognize Jan Young’s contributions by giving him a Council resolution in recognition of his service to the tennis center.  The motion died for a lack of a second.

Councilmember Fowler moved, and Councilmember Lee seconded, to approve the naming of court number 16 at the Sunnyvale Municipal Tennis Center as “Jan Young Court” and allow the court to be signed in accordance with Attachment D at the expense of the Sunnyvale Tennis Club.  The motion carried with Councilmember Swegles dissenting.

Coryn Campbell, Manager of Neighborhood and Community Services, and Amy Chan, Acting City Manager, responded to questions posed by the Council relating to fiscal impacts, use of City resources, and benefits to the community.  

Ms. Campbell stated there would be no fiscal impacts or use of City resources.

Mayor Howe opened the Public Hearing at 8:15 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Swegles moved, and Councilmember Fowler seconded, to ratify the Memorandum on Friendly Exchange Relations Between Anqing City, Anhui Province, P.R. China and Sunnyvale, California, USA.  The motion carried unanimously.

CITIZENS TO BE HEARD

Phyllis Fowler, a member of the public, expressed concerns regarding park building rental fees and lease requirements.  Mayor Howe directed that staff explore the feasibility of a fee waiver for the Girl Scouts’ use of park buildings, and bring a memo back to Council in the next month or two, on the findings and recommendations, with a copy to Ms. Fowler.  Councilmember Fowler requested that the memo contain information about the existing Council policy.

PUBLIC HEARINGS/GENERAL BUSINESS

Diana Perkins, Plan Checker, assisted by Trudi Ryan, Planning Officer, presented the staff report.  She stated the goals of sustainable development and green buildings are to reduce the usage of resources in construction and operation of buildings and provide better indoor environmental quality for building occupants. Staff has researched existing policies and ordinances that achieve these goals and existing programs in other jurisdictions. There are two basic approaches to a green building sustainability program: (1) develop a customized program for Sunnyvale, or (2) adopt an existing program such as the US Green Building Council’s model LEED (Leadership in Energy and Environmental Design) program. Based on staff research and findings, staff is recommending an approach based on the following principles:

• Leadership from the City by working to incorporate green building and sustainable practices into the operation of City facilities,
• Incentives for private development, and
• Education of the community  

Mayor Howe opened the Public Hearing at 8:35 p.m. and, there being no public comments, closed the Public Hearing.

Staff responded to questions posed by the Council regarding timelines, staff training on the LEED program, incentives, and costs.

Councilmember Miller moved, and Councilmember Lee seconded, to affirm the Negative Declaration, adopt the Council Policy and introduce the ordinance, and direct staff to continue to monitor the green building industry, what other cities do, and the LEED program, and report back to Council with updates and possible new recommendations within five years or sooner if necessary.

At the direction of Mayor Howe, the City Clerk read the title of the ordinance as follows:

ORDINANCE NO. 2744-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING PORTIONS OF TITLE 19 OF THE SUNNYVALE MUNICIPAL CODE TO CREATE INCENTIVES FOR “GREEN” OR “SUSTAINABLE” DEVELOPMENT

The motion carried with Vice Mayor Chu and Councilmember Swegles dissenting.

Trudi Ryan, Planning Officer, presented the staff report.  She stated in order to ensure that Title 19 (Zoning) of the Sunnyvale Municipal Code is current and internally consistent, it is necessary for Council to periodically consider non-substantive updates.  Staff proposes changes to the Nonconforming Residential Buildings, Storm Water Runoff Management, and Pre-Appeal Process sections of the Code.

Mayor Howe opened the Public Hearing at 8:55 p.m.

Phil Brooks, a member of the public, spoke in support of the proposed ordinance.

Mayor Howe closed the Public Hearing at 8:59 p.m.

Councilmember Lee moved, and Vice Mayor Chu seconded, to adopt the Negative Declaration and introduce the Ordinance with the recommended changes to Title 19 of the Sunnyvale Municipal Code.

Mayor Howe offered a friendly amendment for staff to bring back a brief report to Council on the pre-appeal process in one year for Council review. The amendment was accepted.

At the direction of Mayor Howe, the City Clerk read the title of the ordinance as follows:

ORDINANCE NO. 2745-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING PORTIONS OF TITLE 19 OF THE SUNNYVALE MUNICIPAL CODE PERTAINING TO NONCONFORMING RESIDENTIAL BUILDINGS, STORMWATER RUNOFF MANAGEMENTAND THE PRE-APPEAL PROCESS

The motion carried unanimously.

Mayor Howe stated he received a request from one of the council members to put this on the agenda and he agreed it was appropriate, so this is not a staff initiated agenda item.

Council Members discussed mailing costs, community outreach timelines and City participation regarding the Town Center Mall Redevelopment Proposal.

Mayor Howe opened the Public Hearing at 9:01 p.m.

Jane Vaughn, of Menlo Equities, stated they have not firmed up their plans yet and do not want to schedule a meeting until they have proposed plans.  She stated they plan to select a residential developer next week and proposed two community meetings.  She further offered to meet with individuals privately. 

Ms. Vaughn responded to questions posed by the Council related to increased public outreach plans for the Town Center Mall Development proposal and associated costs.

Paul Reed, a member of the pubic, expressed concern about the public outreach schedule and scope of the outreach.  He advocated for a more robust outreach with televised meetings and an outreach to the business community.

Olaf Hirsch, a member of the public, expressed concern about the perceived lack of citizen focus.  He advocated for the Council to evaluate the outreach meetings to see if they met the goals.

Arthur Schwartz, a member of the public, advocated for the City to advertise the meetings instead of the developer using City resources.

Jane Vaughn, of Menlo Equities, stated they plan to hold two community outreach meetings that would include the consultants and the proposed plans.  She stated they plan to run an ad in the Sunnyvale Sun and advocated for the City to assist by utilizing City resources.

Mayor Howe closed the Public Hearing at 9:36 p.m.

Councilmember Hamilton moved, and Vice Mayor Chu seconded, to direct the Planning Commission to work with the developer to hold two public outreach meetings and work with the developer to bear the noticing costs of those meetings.  The City will work to broadcast the meetings and notice them on the web site.

Vice Mayor Chu clarified the motion: Request the applicant to take an aggressive public outreach effort, request that the Planning Commission hold several public outreach meetings outside of the chamber prior to the scheduled Public Hearing and action at a regular meeting, and direct staff to undertake expanded noticing, and that the extra meetings occur in locations such as the Senior Center and other places where they will be taped by KSUN at the cost of the developer.

Mayor Howe offered a friendly amendment to “direct” the Planning Commission hold two public outreach meetings, that one be at a place like the Senior Center and one in the downtown area, that they be recorded, that noticing goes out on them, and that the developer has a specific dollar amount that they will help with.  The amendment was accepted.

Mayor Howe offered a friendly amendment that the outreach costs will be divided with the developer to bear 50% of the costs and the City to bear 50% of the costs, not to exceed $5,000.  The amendment was accepted.

Councilmember Lee offered a friendly amendment to direct the Planning Commission to have at least two public outreach meetings.  The amendment was accepted.

Councilmember Hamilton clarified her motion: Request the applicant make an aggressive public outreach effort, request the Planning Commission work with the developer to hold at least two public outreach meetings on the project prior to the scheduled public hearing and action at a regular meeting, and direct staff to undertake expanded noticing.

Vice Mayor Chu clarified that his seconded included “direct” the Planning Commission work with the developer to hold at least two public outreach hearings, one of which would be in the Senior Center or Community Center area and another in the downtown area.

Councilmember Miller offered a friendly amendment to waive the charge for the City facility.  The amendment was accepted.

The motion as amended is as follows:

Request the applicant to undertake an aggressive public outreach effort, direct the Planning Commission to hold at least two public outreach meetings (for the purpose of receiving public input) on the project prior to the scheduled public hearing and action at a regular meeting, to be located at the Senior Center and the downtown area, and direct staff to undertake expanded noticing. Outreach costs will be divided between the developer to bear 50% of the costs and the City to bear 50% of the costs not to exceed $5,000. The rental cost for the city facility that the meeting will take place would be waived.

The motion carried unanimously.

John Lawrence, Leisure Services Manager, presented the staff report. He stated staff is proposing an amendment to the existing City/School Agreement for operation of the public swim programs at Fremont High School swim pool and building, and a proposed change to the Sunnyvale Municipal Code involving parking regulations on property managed, but not owned, by the City.

Mr. Lawrence, and Mike Maehler, Acting Director of Public Safety, responded to Council questions regarding time limits for parking, parking passes, parking fees, signage, citing responsibility and parking ticket revenues.

Mayor Howe opened the Public Hearing at 10:00 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Swegles moved, and Vice Mayor Chu seconded, to authorize the City Manager to enter into the amendment to the July 18, 2000, Agreement with the Fremont Union High School District that allows for City enforcement of parking restrictions on District property, and approve the proposed change to the Sunnyvale Municipal Code allowing for City enforcement of parking on property not owned by the City under specific conditions. The motion carried unanimously.

ORDINANCE NO. 2746-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING SECTION 10.16.040 OF THE SUNNYVALE MUNICIPAL CODE RELATED TO PARKING ON CITY PROPERTY

At this juncture, Mayor Howe called a recess at 10:10 p.m. and reconvened at 10:20 p.m.

Chuck Schwabe, Deputy City Manager, presented the staff report. He presented six new structures for programs managed by the Department of Public Safety. These programs include Fire Services, Police Services, Community Safety Services, Personnel and Training Services, Technical Services, and Public Safety Department (DPS) Administration. For each program, the City Council is asked to consider and approve:

• A program outcome statement, which describes the program's overall purpose;
• Several program outcome measures, which describe the most important results that City staff will produce through the program; and
• A weighting for each program outcome measure, which prioritizes these measures. 

Deputy City Manager Schwabe, Acting Public Safety Director Maehler, and Public Safety Captain Chuck Eaneff, responded to questions posed by Council regarding service delivery plans, the personnel and training program, and the organizational structure.

Mayor Howe opened the Public Hearing at 10:30 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Fowler moved, and Councilmember Swegles seconded, to approve the proposed program outcome statements, program outcome measures, and weights for six programs that will be managed by the Public Safety Department: Fire Services, Police Services, Community Safety Services, Personnel and Training Services, Technical Services, and Public Safety Department Administration.  The motion carried unanimously.

Coryn Campbell, Neighborhood and Community Services Manager, presented the staff report.  She reported in January 2002, the Council approved a community outreach program to encourage community input and enable council members to be better informed of community concerns.  Because Council visits are well received by the community and are a low-cost way to provide community members with a forum for dialogue with Council members, staff recommends Council continue the outreach program.

Mayor Howe opened the Public Hearing at 10:34 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Miller moved, and Councilmember Swegles seconded, to direct staff to continue the Council outreach program.

Mayor Howe suggested that a Housing and Human Services Commissioner be invited to attend a future outreach meeting.

 The motion carried unanimously.

Councilmember Miller requested that in the future staff be more specific in the item description of an appeal of Planning Commission agendas and provide Council with information about the type of training referenced under appeal item number 2, 2004-0012 – Leticia R. Guiad.

No action was taken.

NON-AGENDA ITEMS & COMMENTS

COUNCIL

Councilmember Fowler requested to be excused from the March 23 and March 30 Council meetings for personal PTO leave.

Councilmember Miller read a letter from the Assistant Secretary of the U.S. Department of Housing and Urban Development notifying Sunnyvale of a CDBG Block Grant in the amount of $1.5 million and home investment partnerships in the amount of $777,156.

Councilmember Miller suggested that in the future staff more closely monitor the approval of consultant agreements under $50,000 that do not go before the Council for approval.

Mayor Howe stated he received a letter dated February 13 from NASA regarding Mars Center Night and solicited the Council’s endorsement.  He requested that out of the 400 slots, distribute 100 to the various roundtable business groups, two to each of the Council Members, and the balance distributed to the neighborhood associations and community groups managed by the City’s Neighborhood and Community Services office. 

It was the consensus of the Council to designate Tuesday, April 13, from 6:30 p.m. to 8:30 p.m., as Sunnyvale Night at the NASA Mars Center.

STAFF

There were no comments.

ADJOURNMENT

Mayor Howe declared the meeting adjourned at 11:00 p.m. 

Respectfully submitted,

Susan Ramos, City Clerk