MINUTES
SUNNYVALE CITY COUNCIL
OCTOBER 5, 2004
7:30 P.M.

The City Council of the City of Sunnyvale adjourned from a 6:00 p.m. Closed Session regarding Town and Country Negotiations pursuant to Government Code 54956.8, a 7:00 p.m. Study Session regarding Council Policy on Length of Council Meetings, 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.

The Lakewood Color Guard made a presentation of colors.

SALUTE TO THE FLAG

The Lakewood Color Guard led the salute to the flag.

ROLL CALL

Mayor Howe changed the order of the agenda and started the meeting with Public Hearing item number 2.

SPECIAL ORDER OF THE DAY

Mayor Howe, who was joined at the podium by Dieckmann Cogill, Transportation Planner, presented her with a proclamation declaring October 6, 2004 as “Walk to School Day” in the City of Sunnyvale.  Mayor Howe also invited representatives from Braly, West Valley, and Cumberland School, and the Sunnyvale Bicycle and Pedestrian Advisory Committee to the podium.

Mayor Howe, who was joined at the podium by Bobbe Smirni, founder of the local organization New Frontiers in Prevention of Breast Cancer, and Victoria Johnson, Director of Libraries, presented Ms. Smirni with a proclamation declaring the month of October as “Breast Cancer Awareness Month” in Sunnyvale.

SCHEDULED PRESENTATION

Chris Foster, of the Santa Clara County Vector Control District, gave an oral and overhead presentation on the West Nile Virus.

Mayor Howe announced that a presentation by The Health Trust Regarding Flu Shots has been postponed indefinitely.

PUBLIC ANNOUNCEMENTS

Vice Mayor Chu reported the following Closed Session:

Town and Country Negotiations pursuant to Government Code 54956.8.  Direction was given and action was taken.

Councilmember Fowler made the following announcement on behalf of the Council:

Saturday, October 23, is the annual “Make a Difference Day”, and the City of Sunnyvale will be hosting several environmental projects at Baylands Park.  For additional information, contact Romie Georgia at (408) 730-7536.

Vice Mayor Chu announced the Department of Public Safety is holding their annual Pancake Breakfast on October 9 from 8:00 a.m. to 11:00 a.m., at Station 2 on Wolfe and Arques Avenue.  Benefits go to the Alisa Ann Ruch Burn Foundation.

CONSENT CALENDAR

Mayor Howe requested Item 1.D. be pulled from the Consent Calendar and considered separately.  Vice Mayor Chu moved, and Councilmember Swegles seconded, to approve the Consent Calendar with the exception of 1.D. for discussion separately and item 1.A. as amended.  The motion carried unanimously.

Fiscal Items

Other Items

Jack Witthaus, Transportation and Traffic Manager, assisted by Marvin Rose, Director of Public Works, presented the staff report.  They responded to questions regarding the funding, the construction timeline, and other capital projects.

Mayor Howe opened the Public Hearing at 8:33 p.m.

Katherine Donaldson, a member of the public, advocated for more bicycle lanes in Sunnyvale and spoke in support of the Bernardo undercrossing.

Kevin Jackson, of the Sunnyvale Bicycle and Pedestrian Advisory Committee, expressed disappointment on the delay and advocated for the City to pursue additional funding and redistributing the funding for capital projects.

Thomas Granvold, a member of the public, expressed concern over the long delay for this project.

Mayor Howe closed the Public Hearing at 8:39 p.m.

Councilmember Hamilton moved, Councilmember Swegles seconded, to approve Alternatives 1, to direct staff to submit a project update for the VTA Bicycle Expenditure Program Tier 1 Bernardo Avenue Bicycle Undercrossing to reflect its updated cost and scope, and a schedule that defers construction to 2016 or beyond; and Alternative 2, to direct staff to include updated cost and scope information on the Bernardo Railroad Undercrossing project in the 2005 Capital Budget process for prioritization against all other City capital needs; and to direct staff to continue to work towards identifying sources for funding. The motion carried with Councilmember Lee dissenting

CITIZENS TO BE HEARD

There were no comments.

PUBLIC HEARINGS/GENERAL BUSINESS

Peter Bassett, Management Analyst, presented the staff report.  He responded to questions posed by the Council regarding Proposition 65, clarifications on Measures L, O and P, percent of votes needed to pass measures, and senior exemptions.

Mayor Howe opened the Public Hearing at 7:42 p.m.

Nancy Newton, President of the Board of Trustees of Fremont Union High School District, advocated for support of Measures of L, O and P.

Joseph Rudnicki, Superintendent of Sunnyvale School District, clarified the bond measures and advocated for Council support.

Mayor Howe closed the Public Hearing at 7:46 p.m.

Councilmember Swegles moved, Councilmember Fowler seconded, to approve Alternative 1, to support Proposition 1A and oppose Proposition 65, and support Measures J, L, O and P.

Councilmember Hamilton offered a friendly amendment to remove Proposition 65 from the motion and vote on it separately. The amendment was accepted.

The motion carried unanimously.

Councilmember Hamilton moved, and Councilmember Fowler seconded, (for discussion) to not support staff’s recommendation to oppose Proposition 65 and moved to support Proposition 65.

Councilmember Fowler withdrew his second.

Councilmember Miller seconded the motion (for discussion) and offered a friendly amendment to hold a neutral position on Proposition 65. Councilmember Hamilton accepted the amendment.

Vice Mayor Chu offered a friendly amendment to include in the motion adoption of a Resolution rescinding Resolution 153-03 pertaining to a Statewide Ballot Initiative to require voter approval before State government may take local tax funds. The amendment was accepted.

The motion carried with Councilmember Swegles dissenting.

RESOLUTION NO. 137-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE RESCINDING RESOLUTION NO. 153-03 PERTAINING TO A STATEWIDE BALLOT INITIATIVE TO REQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY TAKE LOCAL TAX FUNDS

Jenny Shain, Special Projects Casual Manager,  presented the staff report.

Mayor Howe opened the Public Hearing at 8:48 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Miller moved, and Councilmember Swegles seconded, to approve Alternative 1, to adopt a Work Plan for update of the Recreation and Open Space Sub-Elements as submitted.  The motion carried unanimously.

It was the consensus of the Council to combine Public Hearing items 4 and 5.

Heather Tannehill, Department of Public Safety Manager, presented the staff report for both items 4 and 5.  She responded to Council questions regarding the number of franchises and Netcab.com.

Mayor Howe opened the Public Hearing at 8:53 p.m. for Public Hearing items 4 and 5 and, there being no public comments, closed the Public Hearing.

Councilmember Miller moved, and Councilmember Swegles seconded, to approve Alternative 1, introduce an ordinance awarding a non-exclusive franchise for taxicab service to NetCab.com for the period of November 4, 2004 through November 3, 2006 per applicant’s request, and authorize the City Manager to execute necessary documents of agreement.

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

ORDINANCE NO. 2766-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AWARDING NONEXCLUSIVE FRANCHISE TO GURBINDER MANGAT DOING BUSINESS AS NETCAB.COM

The motion carried unanimously.

Councilmember Miller moved, and Councilmember Swegles seconded, to approve Alternative 1, introduce an ordinance awarding a non-exclusive franchise for taxicab service to Orange Cab for the period of November 4, 2004 through November 3, 2006 per applicant request, and authorize the City Manager to execute necessary documents of agreement.

At the request of the Mayor, the City Clerk read the title of the Ordinance.

ORDINANCE NO. 2767-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AWARDING NONEXCLUSIVE FRANCHISE TO JORAWAR SINGH DOING BUSINESS AS ORANGE CAB

The motion carried unanimously.

Coryn Campbell, Neighborhood and Community Services Manager, presented the staff report.  She responded to questions from the Council regarding guidelines for selection, how the award was publicized, how the funds are to be distributed, and if the award could be split among non-profit organizations.

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

Margaret Lawson, Chair of the Board of Leadership Sunnyvale, requested that the $1000 be donated to Leadership Sunnyvale for a new program – “Joint Venture for Leadership Training”.

Laura Babcock, representing the Sunnyvale Historical Society and Museum Association, requested the Council consider awarding the $1000 to the Sunnyvale Historical Society and Museum Association as part of their education program.

Mayor Howe closed the Public Hearing at 9:05 p.m.

Mayor Howe suggested in the future to convene a quick meeting with the Housing and Human Services Commission to assist with a decision regarding monetary awards.

Vice Mayor Chu moved, Councilmember Lee seconded, to split in half the $1,000 monetary award between the Leadership Sunnyvale and the Sunnyvale Historical Society and Museum Association. The motion carried with Councilmember Swegles dissenting.

NON-AGENDA ITEMS & COMMENTS

COUNCIL

Councilmember Miller offered to sponsor a Study Issue to look into the feasibility of the City entering into a partnership with an outside advertising firm to help enhance the City’s General Fund revenues.

Councilmember Miller reported on the City’s support of the “Wildlife Center of Silicon Valley” that cares for non-domestic animals.  

STAFF

There were no comments.

ADJOURNMENT

Mayor Howe declared the meeting adjourned at 9:22 p.m.

Respectfully submitted,

Susan Ramos, City Clerk