MINUTES
SUNNYVALE CITY COUNCIL
NOVEMBER 9, 2004 

7:30 P.M.

The City Council of the City of Sunnyvale adjourned from a 4:30 p.m. Closed Session regarding Labor Negotiations: PSOA and COA Pursuant to Government Code 54957.8, a 5:30 p.m. Closed Session with Legal Counsel – Anticipated Litigation, and Significant Exposure to Litigation Pursuant to Subdivision (b) of Government Code Section 54956.9: SMaRT Station Operating Agreement, of which no public comments were received.  The City Council of the City of Sunnyvale adjourned from a 6:30 p.m. Study Session regarding Intergovernmental Relations Update, and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:30 p.m., with Mayor Howe presiding.

SALUTE TO THE FLAG

Mayor Howe led the salute to the flag.

ROLL CALL

PUBLIC ANNOUNCEMENTS

Vice Mayor Chu reported on the following Closed Sessions:

November 8 - Public Employment: City Attorney, pursuant to Government Code Section 54957.  Direction was given and no action was taken.

November 9 - Labor Negotiations: PSOA and COA Pursuant to Government Code 54957.8.  Direction was given and no action was taken.

November 9 - Anticipated Litigation, Significant Exposure to Litigation Pursuant to Subdivision (b) of Government Code Section 54956.9: SMaRT Station Operating Agreement.  Direction was given and no action was taken.

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

Jane Fleenor has accepted the appointment of Interim Human Resources Director for the City of Sunnyvale, beginning Monday, November 15. 

The Sunnyvale Division of Transportation and Traffic will be holding two community outreach meetings on November 15 and 17.  For additional information, contact Dieckmann Cogill in Sunnyvale’s Division of Transportation and Traffic at 730-2713.

The City is holding a second series of four community meetings on November 10 and 18 to discuss housing and community development needs and services.  For additional information, contact Katrina Ardina in Sunnyvale’s Housing Division at 730-7451.

Councilmember Miller announced that she and Councilmember Swegles attended the change of command for the 129^th California Air Rescue Wing at Moffett Field on Sunday.

Tom Richter, a member of the public, commented about the Marrow Donor Registration Drive at the Sunnyvale Community Center on Saturday, November 20, from 10:00 a.m. to 2:00 p.m.  For more information, call (408) 235-1535.

Pat Vorreiter, a member of the public, announced the Athena award nominations that are available at the Sunnyvale Chamber of Commerce, by calling (408) 736-4971, or from their website at www.svcoc.org,.

Mayor Howe announced the VTA Board of Supervisors will hold a public forum to discuss the VTA 2030 plan at their November 23 meeting at 6:30 p.m. at 70 West Hedding Avenue in San Jose.

CITIZENS TO BE HEARD

Elizabeth Holoman, a member of the public, thanked the City for their assistance in her development project.  She expressed concerns related to speeding and rough paving on Hollenbeck Avenue.

Catherine Curtis, a member of the public, requested the Council join with other cities and the County to adopt a resolution expressing concern on the overreaching effects of the U.S. Patriot Act.

Robert Haswell, a member of the public, expressed support to adopt a resolution to convey concerns with the Patriot Act.

Gerald Gras, a member of the public, urged the Council to adopt a resolution against the Patriot Act.

Madeline Bridges, a member of the public, requested the Council adopt a resolution against the Patriot Act and expressed concern about the effect on civil liberties.

Councilmember Fowler requested staff look into and report back to Council on the time required to study the Patriot Act.

CONSENT CALENDAR

Mayor Howe requested Item 1.A be pulled from the Consent Calendar and considered separately. Werner Gans, a member of the public, requested item 1.J 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 items 1.A and 1.J.  The motion carried unanimously with Councilmember Hamilton absent.

Mayor Howe opened the Public Hearing at 7:57 p.m. and, there being no public comments, closed the Public Hearing.

Mayor Howe amended the motion on page 10 under RTC 04-385 to read as follows:

“Mayor Howe moved, and Councilmember Miller seconded, to continue this matter until Councilmember Hamilton returns from maternity leave on January 25, 2005.”

Councilmember Miller requested a correction on page 3 under “Public Announcements” to read as follows:

”Councilmember Miller announced that she, Vice Mayor Chu and Councilmember Swegles attended the NASA Columbia’s Super Computer Announcement and Press Conference.

Mayor Howe moved, and Councilmember Miller seconded, approval of the minutes with amendments.  The motion carried unanimously with Councilmember Hamilton absent.

Fiscal Items

Personnel Items

Contracts

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

Werner Gans, a member of the public, expressed his support for the appointment of Amy Chan to the position of City Manager.

Mayor Howe closed the Public Hearing at 8:02 p.m.

Vice Mayor Chu moved, and Councilmember Miller seconded, to adopt a resolution approving the appointment of Amy Chan to the position of City Manager and approve the contract as attached.  The motion carried unanimously with Councilmember Hamilton absent.

RESOLUTION NO. 140-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE APPOINTING AMY CHAN CITY MANAGER FOR THE CITY OF SUNNYVALE

Other Items

SCHEDULED PRESENTATION

Mayor Howe, who was joined at the podium by City Manager Amy Chan, recognized her contributions and dedication to the City and announced the Council has unanimously appointed her as City Manager.  A written record of his comments is attached.   A recognition plaque, gifts and remarks from Council and the public were presented to Amy Chan, for being an outstanding City Manager. In Councilmember Hamilton’s absence, Mayor Howe read her written comments into the record (attached) (pdf format). City Manager Amy Chan thanked the Council and gave recognition to staff for their hard work and efforts.

Mayor Howe declared a recess at 8:23 p.m. and reconvened the meeting 8:34 p.m.

PUBLIC HEARINGS/GENERAL BUSINESS

Susan Denniston, Interim Director of Libraries, assisted by Steve Sloan, Supervising Librarian, presented the staff report noting additional information had been added to the report regarding staff’s recommendation.

Staff responded to questions from the Council regarding why staff recommended closing the program, and if there has been any survey on fundraising.

Mayor Howe opened the Public Hearing at 8:36 p.m.

Robin Chang, a member of the public, urged the Council to retain the program.  He stated his firm and others are looking for ways to donate to the program to keep it open.

Joanne Carlson, a member of the public, spoke in support of retaining the program and stated that with more marketing of Sc[i]3 in San Francisco, the program could become self supporting.

Suzan Lindstrom, a member of the public, urged the Council to retain the Sc[i]3 program and noted the program is widely used by law firms and is valuable to the local economy.

Tamara Tucker, a member of the public, urged the Council to allow time for the Intellectual Property Community to investigate alternatives to save the program.

Vickie Ishimaru, a member of the public, advocated for the time for the Intellectual Property Community to explore other options for retaining the program.  She requested that other alternatives  be considered.

Kendyl Roman, a member of the public, discussed the merits of the Sc[i]3 program and the usefulness to the community.  He stated that having the program in Sunnyvale increases the demand for office space.

Jim Griffith, representing the Sunnyvale Board of Library Trustees, stated the Board voted 3 to 2 to close the Sc[i]3 program at it’s November meeting.  He cited the reasons are the expense of the program and that the shortfall cannot be addressed from fund raising as this is an annual expenditure.  He expressed concern that the funding for this program would impact funding for other library programs.

Tom Flaherty, a member of the public, requested that the Council set a date of June 30, 2005, for the Intellectual Community to come forth with a proposal to fund the program.

David Lewis, a member of the public, spoke in support of keeping the Sc[i]3 program and noted the advantages of the program.  He offered to volunteer to assist in championing the program.

Louis Wu, a member of the public, spoke about the advantages of the Sc[i]3 program and suggested that the charges for classes be increased.

Werner Gans, a member of the public, advocated to eliminate the program unless it can be self supporting.

Name illegible, a member of the public, spoke about the merits of the classes offered by the Sc[i]3 program.

Mukio Ishimaru, a member of the public, spoke about the funding for the Sc[i]3 program and offered to be the champion to retain the program. He noted the Advisory Board has not been able to meet and that there are approximately 30 companies that are willing to donate to the program.  He requested time to put together a business plan.

Mayor Howe closed the Public Hearing at 9:32 p.m.

Councilmember Lee moved, and Councilmember Miller seconded, to approve Alternative 1, to continue Sc[i]3 programs and services, acknowledging the likelihood of an annual subsidy requirement with the following  amendments: 1) to cease City funding as of June 30, 2005; 2) to reestablish the meetings of the  Sc[i]3 Advisory Board, 3) to request staff provide budget on revenues and expenses to the Advisory Board as soon as possible, and 4) to require the Advisory Board to submit a funding proposal back to Council by the end of February 2005.

Councilmember Miller offered a friendly amendment to request staff to provide Mr. Ishimaru the account number for depositing the donated funds and request administrative support staff to provide him with the email list of names received advocating support of the service. The amendment was accepted.

Councilmember Miller amended her friendly amendment to remove from the motion the request for staff to provide the email list to Mr. Ishimaru. Instead,  she requested staff to provide the email contact list to Mr. Ishimaru.

Vice Mayor Chu offered a friendly amendment to remove the amendment by Councilmember Miller in her motion to provide Mr. Ishimaru with an account number at this time.  The amendment was accepted.

Councilmember Miller clarified that the amendment regarding the account number was for Mr. Ishimaru to provide the foundation’s account number for the donors to deposit the funds.

Councilmember Fowler offered to be a volunteer to assist Mr. Ishimaru.

Councilmember Fowler offered a friendly amendment that any deficit be absorbed by the Non-recurring Events Fund not to exceed $40,000. The amendment was accepted.

Vice Mayor Chu offered a friendly amendment that if the fundraising is successful, that the funds be used to offset the deficit for this year and next year.  The amendment was not accepted.

The motion carried with Mayor Howe and Councilmember Swegles dissenting and Councilmember Hamilton absent.

Mayor Howe declared a recess at 10:10 p.m. and reconvened at 10:30 p.m.

Steve Lynch, Project Planner, assisted by Trudi Ryan, Planning Officer, presented the staff report.

Mayor Howe opened the Public Hearing at 10:35 p.m.

Anthony Ho, Applicant/Architect/Designer, stated the project is a high quality development and has met the criteria for this type of project.  He expressed concern about the staff report regarding timing of the project and the impact on the neighborhood.  He requested the Council approve the project.

Faith Syed, Applicant and owner, stated the project is within the guidelines and vision of the Downtown Specific Plan, that they have approached the neighbors about the development, and complied with every change that was requested.  She stated the project will provide affordable housing.

Michael Wilson, a member of the public, stated there are a high number of rental properties in the area and this development provides the opportunity for home ownership.  He stated the project is in compliance with the Downtown Specific Plan and urged the Council to approve the project.

David Lee, a member of the public, spoke in support of the project and stated this development will be part of the revitalization of the Downtown Specific Plan.

Patrick Sargent, a member of the public, spoke in support of the development and stated the project was designed to be in compliance with the Downtown Specific Plan.

Eric Fulda, a member of the public, spoke in support of the project and stated that the project was well planned and expressed concerns about the timing element in the staff report.

Jeanine Stanek, a member of the public, stated the plan has a few deviations from the Downtown Specific Plan, and raised concerns regarding the visual triangle standard at the driveway entrance, loss of privacy, shadowing on the property to the north, and garbage containers.

Jan Camp, a member of the public, spoke in opposition to the project citing concerns with traffic, the construction disruption and urged the Council to deny the project.

Anthony Ho, Applicant/Architect/Designer, clarified there would not be 12 garbage bins but one garbage bin located at the back of the development.

Mayor Howe closed the Public Hearing at 10:56 p.m.

Staff responded to questions from the Council regarding parking, land aggregation, the change in staff’s recommendation, height limitations, and the impact on adjacent properties.

Councilmember Swegles moved, and Vice Mayor Chu seconded, to support Alternative #3, to adopt the mitigated negative declaration, deny the appeal, and deny the Special Development Permit and Tentative Map. The motion carried unanimously with Councilmember Hamilton absent

Trudi Ryan, Planning Officer, presented the staff report.

Mayor Howe opened the Public Hearing at 11:08 p.m.

Larry Yamaoka, Applicant, availed himself for questions from the Council.

Mayor Howe closed the Public Hearing at 11:09 p.m.

Councilmember Miller moved, and Councilmember Lee seconded, to approve Alternative #1, to authorize the initiation of the General Plan Amendment study for the subject site from Medium Density Residential to Low Medium Density Residential. The motion carried unanimously with Councilmember Hamilton absent.

Coryn Campbell, Neighborhood and Community Resource Manager, presented the staff report.

Staff responded to questions from the Council regarding Council start times.

Mayor Howe opened the Public Hearing at 11:12 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Miller moved, and Councilmember Swegles seconded, to change the Council  meeting start time to 7:00 p.m., and for lengthy agendas that the Council take a vote at 11:00 p.m. whether to start or continue the remaining items on the agenda.

Councilmember Swegles offered a friendly amendment that no business will be conducted after 12:00 midnight. The amendment was accepted.

Councilmember Fowler offered a friendly amendment to adopt option #2, to hold meetings on the 2^nd and 4^th Tuesday and hold Study Sessions and Closed Sessions on the 3^rd Tuesday. The amendment was not accepted.

Councilmember Miller suggested that the item regarding broadcasting study sessions could be a study issue.

Councilmember Fowler moved a formal amendment to amend the motion to include that Study Sessions will start at 7:00 p.m. and be held on separate days other than the date of the Council meetings. The motion died for lack of  a second.

Councilmember Swegles offered a friendly amendment to start Study Sessions at 6:00 p.m. on Council meeting dates. The amendment was not accepted.

Vice Mayor Chu offered a friendly amendment to schedule regular meetings twice a month at 7:00 p.m. with study sessions starting at 6:00 p.m. and adding a third night for study sessions to start at 6:00 p.m., and if necessary, reserve the fourth week to hold a meeting on that date for other regular items at 7:00 p.m.; and to set the time at 11:30 p.m. to vote to start or continue the remaining items.

First Motion (Carried)

Councilmember Miller moved, and Vice Mayor Chu, seconded, to adopt a resolution to start regular Council meetings at 7:00 p.m. starting with the first meeting in January. The motion carried unanimously with Councilmember Hamilton absent.

Second Motion (Carried)

Vice Mayor Chu moved, and Councilmember Fowler seconded, to set the time at 11:30 p.m. to take a positive vote on whether to start a new item after that time.

Councilmember Swegles offered a friendly amendment to set the time at 12:00 midnight to no longer start a new item. The amendment was not accepted.

Vice Mayor Chu clarified his motion that after 11:30 p.m. the Council would need a positive vote of Council to start a new item and each item thereafter would need a positive vote of Council in order to continue.

Councilmember Lee offered a friendly amendment to set the time at 1:00 a.m. in which no new items will be heard. The amendment was not accepted.

The second motion carried with Councilmember Lee dissenting and Councilmember Hamilton absent.

Third Motion (Failed)

Councilmember Fowler moved, and Councilmember Swegles seconded, to start Study Sessions no earlier than 6 pm.  The motion failed with Mayor Howe, Vice Mayor Chu and Councilmember Miller dissenting and Council Member Hamilton absent.

Fourth Motion (Carried)

Vice Mayor Chu moved, and Councilmember Miller seconded, that study sessions during regular Council meetings start no earlier than 5:30 pm. The motion carried unanimously with Councilmember Hamilton absent.

Mayor Howe clarified that the motions do not apply to Closed Sessions.

Fifth Motion (Carried)

Councilmember Lee moved, and Councilmember Swegles seconded, to adjourn meetings no later than 1:00 a.m.

Councilmember Swegles offered a friendly amendment to make it 1:30 a.m.   The amendment was accepted.

Vice Mayor Chu offered a friendly amendment that items started after 12:30 a.m. would require a super majority (5 votes) to start a new item. The amendment was accepted.

The motion carried with Mayor Howe and Councilmember Miller dissenting and Council Member Hamilton absent.

Sixth Motion (Failed)

Vice Mayor Chu moved, and Councilmember Fowler seconded,  to require staff to schedule one night a month for Study Sessions to start at 7:00 p.m. 

Councilmember Fowler offered a friendly amendment to revisit the start time of Study Sessions.  The amendment was not accepted.

Councilmember Lee offered a friendly amendment to encourage staff schedule one night a month for Study Sessions to start at 7:00 p.m.  The amendment was accepted.

Vice Mayor Chu restated his motion to give direction to staff to try to schedule one night of the month for study items, only when feasible, and to start at 7:00 p.m.

The motion failed with Mayor Howe and Councilmembers Miller and Swegles dissenting and Councilmember Hamilton absent.

CITIZENS TO BE HEARD

Harriet Rowe, a member of the public, made positive comments regarding the appointment of Amy Chan as City Manager.

NON-AGENDA ITEMS & COMMENTS

COUNCIL

There were no comments.

STAFF

There were no comments.