MINUTES
SUNNYVALE CITY COUNCIL
May 11, 2004

The City Council of the City of Sunnyvale adjourned from a 5:15 p.m. Study Session regarding Intergovernmental Relations Update, a 5:30 p.m. Closed Session regarding 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 (late arrival) 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 Marvin Rose, Director of Public Works Grace Kim, Finance Manager Trudi Ryan, Planning Officer Jack Witthaus, Transportation and Traffic Manager Annabel Yurutucu, Housing Officer Susan Ramos, City Clerk

SPECIAL ORDER OF THE DAY Mayor Howe presented an award to Grace Kim, Finance Manager, accepting on behalf of Mary Bradley, Director of Finance, for the Government Finance Officers Association Distinguished Budget Presentation Award for the adopted fiscal 2003/2004 budget, and special recognition for Outstanding Policy Document. PUBLIC ANNOUNCEMENTS Councilmember Swegles announced the Council met in Closed Session regarding Update on the Town Center Mall Negotiations Pursuant to Government Code 54956.8.  Direction was given but no action was taken. Councilmember Miller made the following announcements on behalf of the Council: On June 2, KSUN, channel 18, will move to channel 15.  KSUN will continue to broadcast live City Council and Planning Commission meetings, as well as taped rebroadcasts, special programs and informational slides.  In addition, the Sunnyvale Public Access Channel will move from Channel 60 to Channel 26.  For more information, call the Sunnyvale Communications Division at (408) 730-7535 or Comcast Customer Service at (800) 945-2288. The Bay Area Air Quality Management District, in cooperation with the Metropolitan Transportation Commission and Association of Bay Area Governments, have been working on maintaining the National and California health-based one hour ozone standard. There is a meeting on Thursday, May 20 from 9:00 a.m. to11:00 a.m. at the Metro Center Auditorium in Oakland on this subject. There is an ongoing recruitment for all the City Boards and Commissions.  The application deadline is Friday, May 21 at 5:00 p.m.  For more information, call the City Clerk’s office at (408) 730-7595. Councilmember Swegles announced a reception for seven members of the Army that are returning from Afghanistan and Iraq at Moffett Field on May 12 from 12:00 noon to 2:00 p.m. Nancy Tivol, a member of the public, announced the second annual Dinner at the Dump, hosted by Specialty Solid Waste and Recycling, at the parking lot of the Corporate Headquarters in Santa Clara on June 19.  More information can be obtained by calling 738-4321. Arley Marley, of the Sunnyvale Chamber of Commerce, announced the Sunnyvale Art and Wine Festival on June 5 and 6 from 10:00 a.m. to 6:00 p.m. in downtown Sunnvyale. CONSENT CALENDAR Councilmember Hamilton requested Item 1.G. be pulled from the Consent Calendar and considered separately.  Councilmember Swegles moved, and Councilmember  Miller seconded, approval of the Consent Calendar with the exception of 1.G.  The motion carried unanimously.
1.A		Approval of Draft Minutes (Regular Meeting of May 4, 2004)
1.B.		Approval of Information/Action Items - Council Directions to Staff

Fiscal Items

1.C.	RTC 04-161	Lists of Claims and Bills Approved for Payment by the City Manager (Nos. 194 and 195) Staff Recommendation: Review the attached lists of bills.
1.D.	RTC 04-162	Award of Bid No. F0303-54 for the Construction of the Sunnyvale Bicycle Network (Phase 2) Staff Recommendation: Award a contract, in substantially the same form as the attached draft, and in the amount of $104,642, to Chrisp Company for the construction of the Sunnyvale Bicycle Network (Phase 2); and approve a project contingency in the amount of $15,696.
1.E.	RTC 04-163	Extension of an Existing Lease of Five Electric Vehicles for the Pool Car Fleet (No. F0304-68) Staff Recommendation: Authorize a one-year extension of an existing lease with Toyota Motor Sales USA, Inc., in substantially the same form as the attached Lease Amendment and Extension Agreement, and in the amount of $19,485 for five electric vehicles.
1.F.	RTC 04-164	Rejection of Bids for Modifications of the Algae Float Transfer System at the Water Pollution Control Plant (No. F0301-42) Staff Recommendation: Reject both bids received in response to Invitation for Bids #F0301-42 for modifications of the algae float transfer system at the Water Pollution Control Plant (Project No. UY-00/05-01) and direct staff to re-evaluate this project.

Other Items

1.G.	RTC 04-166	Amendment to Fair Oaks Business Park Conditions, Covenants, and Restrictions
Marvin Rose, Director of Public Works, presented the staff report. Staff responded to questions posed by the Council regarding occupancy of the buildings, types of businesses in the Business Park, and notification to the public. Mayor Howe opened the Public Hearing at 7:53 p.m. Name illegible, a member of the public, spoke in support of staff’s recommendation. Mayor Howe closed the Public Hearing at 7:55 p.m. Councilmember Miller moved, and Councilmember Swegles seconded, to accept staff’s recommendation to authorize the City Manager to sign an Amendment to the Fair Oaks Business Park Conditions, Covenants, and Restrictions to allow residential development on five parcels within the Park.  The motion carried unanimously with Vice Mayor Chu absent.

1.H.

ORDINANCE NO. 2749-04

Amending Chapter 12.60 "Storm Water Management" of the Sunnyvale Municipal Code ORDINANCE NO. 2749-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING CHAPTER 12.60 OF THE SUNNYVALE MUNICIPAL CODE ENTITLED "STORM WATER MANAGEMENT”

CITIZENS TO BE HEARD

There were no comments

PUBLIC HEARINGS/GENERAL BUSINESS

2.	ORDINANCE NO. 2750-04 Rtc 04-167	Moffett Park Specific Plan Zoning (Continued from April 27, 2004)
Trudi Ryan, Planning Officer, presented the staff report. Staff responded to questions posed by the Council regarding the Planning Commission change. Mayor Howe opened the Public Hearing at 8:01 p.m. and, there being no public comments, closed the Public Hearing. Councilmember Miller moved, and Councilmember Hamilton seconded, to introduce the Moffett Park Specific Plan Zoning Code Amendments in accordance with the Planning Commission recommendation. At the request of the Mayor, the City Clerk read the title of the ordinance. ORDINANCE NO. 2750-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ADDING CHAPTER 19.29 TO THE SUNNYVALE MUNICIPAL CODE IMPLEMENTING THE MOFFETT PARK SPECIFIC PLAN AND MAKING RELATED CHANGES TO OTHER SUNNYVALE MUNICIPAL CODE PROVISIONS The motion carried unanimously with Vice Mayor Chu absent.

3.	RTC 04-171	Proposed City Council Roundtable for Small Downtown Businesses (request from Councilmember Hamilton)
Councilmember Hamilton proposed a roundtable with the small downtown businesses that would consist of three councilmembers meeting with 10-12 downtown merchants to discuss their concerns and needs and put them in touch with the developer. The Council entered into a discussion that covered the Downtown Association participation, the selection process for participants, and the geographic layout of the area included in the outreach. Mayor Howe opened the Public Hearing at 8:13 p.m. Arley Marley, with the Sunnyvale Chamber of Commerce, advocated to include the Chamber of Commerce as a participant.  Councilmember Fowler requested the Chamber share the results of their outreach efforts with the Council. Joe Antuzzi, of the Downtown Association, spoke in support of the outreach efforts proposed. Harriet Rowe, a member of the public, stated the outreach efforts should be focused on the small businesses only and not include the Downtown Association or the Chamber of Commerce in the beginning. Mayor Howe Closed the Public Hearing at 8:27 p.m. Mayor Howe established a Council ad hoc committee comprised of Councilmembers Hamilton, Fowler and Lee to meet with downtown merchants to discuss and receive input about potential concerns that might arise from the effects of the proposed construction in a manner similar to the roundtable discussions of the recent Auto Dealers ad hoc committee.

4.	RTC 04-172	FY 2004-2005 Action Plan: Recommendations for Funding of Community Development Block Grant (CDBG) and HOME Funds and Disposal of 775 Manzanita Avenue
Annabel Yurutucu, Housing Officer, presented the staff report. Staff responded to questions posed by Council regarding specifics of the funding, Project Sentinel funding, the pros and cons of selling 775 Manzanita Avenue, other properties purchased with CDBG funds, Cupertino Community Services funding and how many Sunnyvale residents are served by them. Mayor Howe opened the Public Hearing at 8:48 p.m. Linda Chin, representing the Community Association for Rehabilitation, thanked the City for the CDBG funding for their association.  She distributed a letter to the Council. Nancy Tivol, a member of the public, spoke in support of staff’s proposal. Chad Steward, a member of the Sunnyvale Housing and Human Services Commission, advocated for the Council’s approval of staff’s recommendation. Bob Campbell, of Project Match, thanked the Council for their past support and distributed a brochure to the Council.  Sean Charpentix, of the Emergency Housing Consortium, thanked the Council for their continued support and asked that the Council approve staff’s recommendation. Donna DiMinico, a member of the Catholic Charities, thanked the Council for the funding for their program and spoke in support of staff’s recommendation. Gloria Ortega, of the Shared Housing Program, described their challenges in meeting their goals and asked the Council to consider a full grant. Eve Agiewich, of Clara-Mateo Alliance, thanked the Council for their continued support. Georgia Bacil, of Senior Adults Legal Assistance, described their services and thanked the Council for funding their organization. Nicole Baran, of Support Network for Battered Women, thanked the Council for their continued support. Erica Headley, of Cupertino Community Services, thanked the Council for their support and described the services they provide. Jeanna Cardinale, of Second Harvest Food Bank, described their services they provide to the community and thanked the Council for their support. Name illegible, a member of the public, thanked the City for renewal buildings and passed out a document to the Council. Mayor Howe Closed the Public Hearing at 9:08 p.m. Councilmember Swegles moved, and Vice Mayor Chu seconded, to adopt staff’s funding recommendations of $2,026,000 in CDBG funds and $777,156 in HOME funds for FY 2004-05, including $70,000 for CHDO Operating Activities which includes $35,000 from Home Project 823770 and $35,000 in FY 2004-05. Direct staff to initiate actions to begin the process of disposition and sale of 775 Manzanita Avenue.  The motion carried unanimously.

5.	RTC 04-173	Downtown Association Request for In-Kind Donation/Sponsorship for Music and Market Events (request from Mayor Howe)
Mayor Howe directed the Council’s attention to another letter from the Downtown Association dated April 19 that notes the request is for $4,500. The Council posed questions on where the funding would come from, which year, and the sources and uses of the funding. Mayor Howe opened the Public Hearing at 9:23 p.m. Joe Antuzzi, of the Downtown Association, stated they have received grant funding for the last two years and are asking for an in kind donation from the City for sponsorship this year.  He stated the series begins on July 7 and runs to September 1.  Per Councilmember Fowler’s request, Mr. Antuzzi stated he would provide the books to the City staff with an estimated budget for this year. Mayor Howe Closed the Public Hearing at 9:32 p.m. Councilmember Howe moved, and Councilmember Miller seconded, to approve assistance to the Downtown Association for its music and market events in the amount of $4,500 to come out of this year’s Fiscal Uncertainties Fund and carrying it over to next year’s disbursement. Councilmember Fowler offered a friendly amendment to ask the Association to provide its financial books of the subject event to staff for Council review. The amendment was accepted. Motion carried unanimously.

6.	RTC 04-168	Review and Update on Parking Demand Studies in the Downtown Area
Trudi Ryan, Planning Officer, presented the staff report. Staff responded to questions from the Council regarding parking shortages during the weekend evenings, the parameters of the parking district, reserved parking, impacts of not mitigating the parking, and use of private parking lots. Mayor Howe opened the Public Hearing at 9:49 p.m. and, there being no public comments, closed the Public Hearing. Information only item. No action required.

7.	RTC 04-174	Positions on Transportation Legislation
Jack Witthaus, Transportation and Traffic Manager, presented the staff report. Mayor Howe opened the Public Hearing at 9:52 p.m. Thom Mayer, a member of the public, stated he would like to make sure that bicycle and pedestrian facilities are eligible for funding under the bill. Mayor Howe closed the Public Hearing at 9:54 p.m. Mayor Howe opened the Public Hearing at 9:58 p.m. for additional comments for AB 3011 and, there being no public comments, closed the Public Hearing. Councilmember Fowler moved, and Vice Mayor Chu seconded, to accept staff’s recommendation to watch AB 2032 and support AB 3011.  The motion carried unanimously.

8.	RTC 04-175	Caltrain Electrification and California High Speed Rail - Policy Considerations
Jack Witthaus, Transportation and Traffic Manager, presented the staff report. Staff responded to questions from the Council regarding the alignment through Coe Park, and environmental impacts to Coe Park. Mayor Howe opened the Public Hearing at 10:09 p.m. Michael Kiesling, a member of the public, spoke in support of the Caltrain electrification and advocated for a delay in a vote on the high speed rail until more information is available. Margaret Okuzumi, of Bay Rail Alliance, spoke in support of staff’s recommendation with the exception of the Pacheco Pass or Diablo Range tunnel alternatives, and distributed documents to the Council. Patrick More, of the Sierra Club, stated the Environmental Impact Report (EIR), with regard to the light rail, is inadequate and the Altamont Pass alternative is more feasible. He distributed documents to the Council. Jennifer Paedon, of the Moffett Park Business and Transportation Association, stated they support the Pacheco Pass and Diablo Range alternatives, and expressed concern with the Altamont Pass alternative. Mayor Howe Closed the Public Hearing at 10:30 p.m. Vice Mayor Chu moved, and Councilmember Fowler seconded, to accept staff’s recommendation to support Caltrain electrification concurrent with grade separation of roadway crossings in the City of Sunnyvale and elsewhere on the Peninsula corridor for a future four track configuration. Electrification should also fully accommodate future high-speed rail. Motion carried unanimously. Vice Mayor Chu moved, and Councilmember Hamilton seconded, for the establishment of a legislative action policy to monitor the implementation of the California High Speed Rail Plan and advocate for a financially self-sustaining system using proven cost effective technology and based on conservative ridership assumptions, that does not require significantly increasing the State’s bonded indebtedness. The City should actively participate in planning and design to minimize the impact of high-speed rail operations in Sunnyvale. Finally, that the City supports a Pacheco Pass alternative over an Altamont Pass alignment. Councilmember Hamilton offered a friendly amendment to stipulate that the City recommends any alignment that does not go through state park. The amendment was not accepted. Mayor Howe opened the Public Hearing at 10:36 p.m. Patrick More, of the Sierra Club, stated the wilderness area surrounding Henry Coe State Park is called the Orestimba Wildness. Mayor Howe closed the Public Hearing at 10:38 p.m. Councilmember Miller offered a friendly amendment to support a southern route without determining which one specifically at this time, but not one that would affect the environmental impacts on Henry Coe State Park or the Orestimba wilderness. The amendment was accepted. The motion carried with Councilmember Lee dissenting. NON-AGENDA ITEMS & COMMENTS COUNCIL Councilmember Hamilton requested staff to investigate ways to waive use fees of City park meeting facilities for small community oriented groups of 20 or less people that are non-profit or staffed by volunteers. The Council concurred. Councilmember Miller requested staff to look into the availability of golf carts at the Sunken Gardens Golf Course. Councilmember Miller requested staff to look at options on how the $1.7M budgeted for downtown streetscape/hardscape improvements, can be spent. She suggested a study session to discuss this matter.  Amy Chan, City Manager, noted the budget amount is approximately $1.3M. Mayor Howe requested scheduling the study session after the budget process. STAFF There were no comments ADJOURNMENT Mayor Howe declared the meeting adjourned at 10:50 p.m. Respectfully submitted, Susan Ramos, City Clerk