MINUTES
SUNNYVALE CITY COUNCIL 
June 15, 2004

The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Study Session regarding Council Training: Standardized Emergency Management System, Homeland Security Grants and Office of Emergency Services Activities, a 6:30 p.m. Study Session regarding Future Light Rail Corridors, 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. 

NOTE:  Pursuant to Government Code Section 54953, subdivision (b) this meeting will include teleconference participation by Councilmember Fred Fowler from the Wanping Hotel in Shanghai China.   

Mayor Howe led the salute to the flag.

ROLL CALL

SPECIAL ORDER OF THE DAY

Mayor Howe was joined at the podium by Robert Walker, Director of Parks and Recreation, and John Lawrence, Leisure Services Manager, and presented Helen DeWolf with a certificate of appreciation for her service to the City of Sunnyvale.

PUBLIC ANNOUNCEMENTS

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

Effective June 2, KSUN, Channel 18, has moved to Channel 15 and the Sunnyvale Public Access Channel moved from Channel 60 to Channel 26. For more information, call the Sunnyvale Communications Office at 408-7320-7535, or Comcast Customer Service at 800-945-2288.

On Sunday, July 4, Mayor Howe and the City Council invite the community to the 2004 State of the City, at Washington Park from 11:00 a.m. to 2:00 p.m. In addition to the Mayor’s address on the State of the City, the Mayor and City Council will present awards to outstanding members of the Sunnyvale community, including Businessperson of the Year, Environmental Achievement and Distinguished Citizen of the year. For additional information, call (408) 730-7535.

There will be a contest to name the new downtown plaza.  All contest entries will be reviewed by the Parks and Recreation Commission who will select the top 10 for City Council consideration.  Entries must be received by 5:00 p.m. on August 11.  Entries must include a return address and telephone number and be mailed to Plaza Naming Contest, P.O. Box 3703, Sunnyvale, CA  94088-3707, or emailed to plazaname@ci.sunnyvale.ca.us.  For more information call (408) 730-7517 or (408) 730-7501.

Councilmember Miller reported that the Spare the Air Campaign started on June 1 and will run through October 15. 

Councilmember Lee welcomed Vision America interns Jenny Lee and Lawrence Lau.

CONSENT CALENDAR

Laura Babcock, a member of the public, requested item 1.M. be pulled from the Consent Calendar and considered separately.  Vice Mayor Chu moved, and Councilmember Swegles seconded, approval of the Consent Calendar with the exception of 1.M.  The motion carried unanimously with Councilmember Fowler absent.

Fiscal Items

Personnel Items

Contracts

Robert Walker, Director of Parks and Recreation, presented the staff report.

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

Laura Babcock, Chairman of the Heritage Museum and a member of the Historical Society, stated they are pleased with this agreement.  She requested Council consider the City paying for the basic utilities for the first five years.

At this juncture, Councilmember Fowler rejoined the meeting via teleconference.

Ms. Babcock and staff responded to Council questions regarding projected costs, the definition of basic utilities, what fund would be affected, and any impact on City jobs.

Jack Rowe, a member of the public, thanked the Council for their efforts and noted that there is 20 years of history that has not yet been collected.

Mayor Howe closed the Public Hearing at 8:09 p.m.

Councilmember Hamilton moved, Councilmember Lee seconded, to approve Alternative 1, to approve the agreement between City of Sunnyvale and Sunnyvale Historical Society and Museum Association for the design, development, operation and maintenance of a Heritage Museum at Sunnyvale Heritage Center at the Sunnyvale Community Center and authorizes the City Manager to enter into the agreement; and to accept the Park and Recreation Commission’s recommendation to include an amendment to Section 9(b) of the agreement as follows: “Upon completion of the project and acceptance of it by City, the City pay all utility costs associated with the first five years of the museum’s operation, at a maximum amount of$3,500 per year with the Society assuming all related costs in subsequent years. Society shall become responsible after five years for furnishing all utilities at no cost or expense to City. Society shall be responsible for the cost and expense of cable, computer and or telephone bills.” The recommended expenditure will come out of the General Fund reserves.

Vice Mayor Chu offered a friendly amendment to increase the payment to $4,000 per year for five years. The amendment was accepted.

Councilmember Swegles offered a friendly amendment to take funds out of the Non Recurring Event Reserve in the General Fund. The amendment was accepted.

The motion carried unanimously.

Other Items

CITIZENS TO BE HEARD

There were no public comments.

PUBLIC HEARINGS/GENERAL BUSINESS

Councilmember Swegles moved, and Councilmember Lee seconded, to continue the related proposals to July 13, 2004.  The motion carried unanimously.

Susan Ramos, City Clerk, presented the staff report.

Each of the candidates were considered for the available seats and the following were appointed.

Advisory Council to the Council on Aging (1 vacancy – term ends 2007)

Nancy McDonough was reappointed to the Advisory Council to the Council on Aging  for a term expiring in 2007.

Arts Commission (1 vacancy – term ends 2008)

Robert Obrey was appointed to the Arts Commission for a term expiring in 2008.

Bicycle and Pedestrian Advisory Committee (3 vacancies – terms end 2008)

Farah Desai was appointed to the Bicycle and Pedestrian Advisory Committee for a term expiring in 2008.

Ralph Durham was appointed to the Bicycle and Pedestrian Advisory Committee for a term expiring in 2008.

Virginia Runion was  appointed to the Bicycle and Pedestrian Advisory Committee for a term expiring in 2008.

Board of Building Code Appeals (3 vacancies – terms end 2007 and 2008(2))

Ted Faravelli was reappointed to the Board of Building Code Appeals for a term expiring in 2008.

Patrick Meyering was appointed to the Board of Building Code Appeals for a term expiring in 2008.

Board of Library Trustees (2 vacancies – terms end 2008)

James Griffith was appointed to the Board of Library Trustees for a term expiring in 2008.

Kathleen Meagher was appointed to the Board of Library Trustees for a term expiring in 2008.

Child Care Advisory Board (4 vacancies – terms end 2008)

Angela Carmack was appointed to the Child Care Advisory Board for a term expiring in 2008.

Jacqueline Sell was appointed to the Child Care Advisory Board for a term expiring in 2008.

Maxime Shea was appointed to the Child Care Advisory Board for a term expiring in 2008.

Heritage Preservation Commission (3 vacancies – terms end 2005, 2007 and 2008 (2))

Dawn Hopkins was reappointed to the Heritage Preservation Commission for a term expiring in 2008.

Rose Kausek was appointed to the Heritage Preservation Commission for a term expiring in 2008.

Housing and Human Services Commission (4 vacancies terms end 2005, 2007 and 2008(2))

James Callan was appointed to the Housing and Human Services Commission for a term expiring in 2008.

Jana Seshadri was appointed to the Housing and Human Services Commission for a term expiring in 2008.

Timothy Persyn was appointed to the Housing and Human Services Commission for a term expiring in 2007.

Prabhakar Tennetti was appointed to the Housing and Human Services Commission for a term expiring in 2005.

Parks and Recreation Commission – (2 vacancies – terms end in 2006/2008)

Howard Chuck was appointed to the Parks and Recreation Commission for a term expiring in 2008.

Robert Locke was appointed to the Parks and Recreation Commission for a term expiring in 2006.

Personnel Board – (2 vacancies – terms end in 2008)

Karen Bushman was reappointed to the Personnel Board for a term expiring in 2008.

Ericka Reguerin was reappointed to the Personnel Board for a term expiring in 2008.

Planning Commission (2 vacancies – terms end in 2008)

Laura Babcock was reappointed to the Planning Commission for a term expiring in 2008.

David Simons was reappointed to the Planning Commission for a term expiring in 2008.

Mayor Howe declared a recess at 9:10 p.m. and reconvened the meeting at 9:15 p.m.

Mayor Howe announced the public hearing for this item was held on June 1.

Grace Kim, Finance Manager, assisted by Mary Bradley, Director of Finance, and Mark Eyrich, Budget Analyst, presented the staff report.

Councilmember Miller moved, and Councilmember Swegles seconded, to approve Alternative 1, to approve the Recommended FY 2004/2005 Budget, Master Fee Schedule, and Appropriations Limit as presented.  The motion carried unanimously.

RESOLUTION NO. 120-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE FIXING AND ESTABLISHING FEES, RATES, AND CHARGES FOR GOODS AND SERVICES PROVIDED BY THE CITY OF SUNNYVALE

RESOLUTION NO. 121-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ADOPTING THE BUDGET OF THE CITY OF SUNNYVALE FOR FISCAL YEAR JULY 1, 2004 TO JUNE 30, 2005

RESOLUTION NO. 122-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2004-2005 PURSUANT TO ARTICLE XIII-B OF THE CALIFORNIA CONSTITUTION

Trudi Ryan, Planning Officer, presented the staff report.

Mayor Howe opened the Public Hearing at 9:43 p.m. and, there being no public comments, closed the Public Hearing.

Staff responded to questions from the Council related to the decision to split densities.

Councilmember Swegles moved, and Councilmember Miller seconded, to approve Alternative 1, to not make any changes to the current General Plan, Downtown Specific Plan and Zoning ordinance.  The motion carried with Councilmember Hamilton dissenting.

Mayor Howe recused himself and left the Chambers due to a potential conflict of interest.

Trudi Ryan, Planning Officer, presented the staff report.

Staff responded to questions from the Council regarding removal of trees, Below Market Rate (BMR) units, and homeowner fees.

Vice Mayor Chu opened the Public Hearing at 10:01 p.m.

Michael Abdollahi, applicant, thanked staff or their assistance and responded to questions regarding the price range of the units, homeowner dues, and conditions of approval.

Thom Mayer, a member of the public, expressed concerns related to bike lanes on frontage roads and requested the Council ban on street parking in this section of the street.

Dennis, Murino, a member of the public, stated that all parking is in the development and there would be no parking on either side of the street.

Vice Mayor Chu requested staff confirm that there is no parking on both sides of the street for this development.

Vice Mayor Chu closed the Public Hearing at 10:10 p.m.

Councilmember Lee moved, and Councilmember Miller seconded, to approve Alternative 1, to adopt the Mitigated Negative Declaration, approve the Resolution to amend the General Plan from Residential Low-Medium Density to Medium Density, introduce an Ordinance to Rezone 612 & 616 East Ahwanee Avenue from R-2/PD to R3/PD and approve the Special Development Permit and Tentative Map with attached conditions.

Councilmember Swegles offered a friendly amendment to ask staff to take a look at the on-street parking issue and report back to Council. The amendment was accepted.

At the request of the Vice Mayor, the City Clerk read the title of the ordinance.

ORDINANCE NO. 2752-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE PRECISE ZONING PLAN, ZONING DISTRICTS MAP, TO REZONE A 33,153 SQUARE FOOT SITE LOCATED AT 612 AND 616 EAST AHWANEE AVENUE FROM R-2/PD (LOW MEDIUM DENSITY RESIDENTIAL/PLANNED DEVELOPMENT) TO R-3/PD (MEDIUM DENSITY RESIDENTIAL/PLANNED DEVELOPMENT) ZONING DISTRICT

The motion carried unanimously with Mayor Howe recusing himself due to a potential conflict of interest.

RESOLUTION NO. 123-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ADOPTING AN AMENDMENT TO THE 1972 GENERAL PLAN OF THE CITY OF SUNNYVALE TO CHANGE THE MAP DESIGNATION FROM “LOW MEDIUM DENSITY RESIDENTIAL” TO “MEDIUM DENSITY RESIDENTIAL” FOR PROPERTY LOCATED AT 612 AND 616 EAST AHWANEE AVENUE

At this juncture, Mayor Howe returned to the dais.

Mary Bradley, Director of Finance, presented the staff report.

Mayor Howe opened the Public Hearing at 10:19 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Lee moved, and Councilmember Swegles seconded, to approve Alternative 1, to adopt the resolution approving the proposed assessments.  The motion carried unanimously.

RESOLUTION NO. 124-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE PROVIDING FOR THE COLLECTION OF SEWER SERVICE CHARGES ON PROPERTY OUTSIDE THE CITY FOR FISCAL YEAR 2004/2005

NON-AGENDA ITEMS & COMMENTS

COUNCIL

Mayor Howe announced the following:

• The next regularly scheduled Council meeting is on July 13, 2004 at 7:30 p.m.
• There is a special meeting this Saturday, June 19 at 9:30 a.m. in the West Conference Room for a Study Session regarding Town Center Mall, and in the Council Conference Room a Closed Session at 11:30 a.m. regarding Town Center Mall negotiations pursuant to Government Code Section 54956.8.

Councilmember Miller requested a report on the Cal Train Multi-modal parking garage signage.  Marvin Rose, Director of Public Works, presented an update.

Councilmember Miller requested staff provide information regarding the status of the installation of the flagpoles at the new Plaza.

Councilmember Miller requested a report on specifics on what Economic Development is working on.

Mayor Howe requested Vice Mayor Chu to provide the Clerk’s office with a copy of the letter from Tim Risch and his responses, and directed the City Clerk to include this information in the minutes. (Attachment A).

STAFF

There were no comments.

ADJOURNMENT 

Mayor Howe declared the meeting adjourned to the Redevelopment Agency at 10:40 p.m.

Respectfully submitted,

Susan Ramos,

City Clerk