MINUTES
SUNNYVALE CITY COUNCIL
SEPTEMER 21, 2004
7:30 P.M.

The City Council of the City of Sunnyvale met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:30 p.m., with Mayor Howe presiding, and adjourned to a Closed Session following the Council meeting regarding Personnel Matters: City Attorney Evaluation Pursuant to Government Code 56957.6 in the West Conference, and a Closed Session following the Council meeting regarding Personnel Matters: City Attorney Evaluation Pursuant to Government Code 56957.6 in the Mayor’s Office. 

NOTE:  Pursuant to Government Code Section 54953, subdivision (b) this meeting included teleconference participation by Councilmember Otto Lee from 7029K Haycock Road, Falls Church, VA 

SALUTE TO THE FLAG

Mayor Howe led the salute to the flag.

ROLL CALL

SPECIAL ORDER OF THE DAY

Mayor Howe presented a Certificate of Congratulations to Dr. Ernie Aigen, Chairman of Camino Medical Group’s Board of Directors, in recognition of their 50^th anniversary.

PUBLIC ANNOUNCEMENTS

Councilmember Swegles made the following announcements 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.

The sixth annual Family Fun Night will be held on October 20 from 6:30 p.m. to 8:30 p.m. at the Columbia Neighborhood Center, located at 785 Morse Avenue.  For more information, contact Linda Kim at (408) 523-8150.

Councilmember Hamilton announced there is an event on October 2 from 6:30 p.m. to 9:30 p.m. at the Los Altos High School Eagle Theater sponsored by Los Altos High Team Six of Girls for a Change to encourage women voters participation.  For more information, call (650) 960-8816.

Councilmember Miller recognized two outstanding Sunnyvale students, Brady Rubush and Maria Robles, who were selected to receive Comcast scholarships. 

CONSENT CALENDAR

Mayor Howe requested item 1.A. be pulled from the Consent Calendar and considered separately.  Councilmember Hamilton requested item 1.G. 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.G.  The motion carried unanimously.

Mayor Howe stated he pulled the minutes so he could abstain on the item since he was not present at the meeting.

Mayor Howe opened the Public Hearing at 7:40 p.m. and, there being no public comments, closed the Public Hearing.

Vice Mayor Chu moved and Councilmember Swegles seconded, approval of the draft minutes as presented. The motion carried with Mayor Howe abstaining.

Fiscal Items

Contracts

Other

Councilmember Hamilton recused herself from this item due to a conflict of interest, and left the dais.

Mayor Howe opened the Public Hearing at 7:41 p.m.

Michael Flores, a member of the public, expressed concern over the proposed 90 day leave of Councilmember Hamilton.

Mayor Howe closed the Public Hearing at 7:43 p.m.

Councilmember Miller moved, and Councilmember Fowler seconded, approval of the request. The motion carried unanimously with Councilmember Hamilton recusing herself.

At this juncture, Councilmember Hamilton returned to the dais.

CITIZENS TO BE HEARD

There were no comments.

PUBLIC HEARINGS/GENERAL BUSINESS

Gerri Caruso, Principal Planner, presented the staff report.

Staff responded to questions from the Council regarding the arrangement of removing the landscaping condition with the assurance that the permit will not be renewed will not be an issue in the future,  and the impact on residents.

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

Ken Jorgensen, a member of the public, spoke in support of removing the landscaping condition.

John Stava, a member of the public, expressed concerns that if the landscaping is not done, that the Use Permit be denied.

Roger Barns, a business administrator with the Santa Clara Unified School District, stated they have had numerous discussions with the Sabercats and he made assurances that the lease would not be renewed unless there was agreement that a tent would not be erected.

Judy Petroski, a member of the public, spoke in support of removing the landscaping condition.

Wendy Prickett, a member of the public, spoke in support of removing the landscaping condition and the removal of the tent.

Michael Flores, a member of the public, advocated to seek other types of landscaping for the tent.

Tim Risch, a member of the public, spoke in support of removing the landscaping condition.

Mayor Howe closed the Public Hearing at 8:10 p.m.

Councilmember Miller moved, and Councilmember Swegles seconded, to approve Alternative 1, approve the request to modify Use Permit 2003-0634 by deleting Condition of Approval No. 10 requiring landscaping.

Councilmember Swegles offered a friendly amendment to ask the School Board to explore using all or part of the monies set aside for landscaping for the school or neighborhood park.  The amendment was not accepted.

 The motion carried unanimously.

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

Staff responded to questions from the Council regarding funding for the project, exploring other alternatives, participation by Boards and Commissions, existing City plaques and number of names.

Mayor Howe opened the Public Hearing at 8:25 p.m.

Harriet Rowe, a member of the public, advocated for the Council to look at other options.

Mayor Howe closed the Public Hearing at 8:28 p.m.

Councilmember Fowler moved, and Councilmember Miller seconded, to request that staff develop a Study Issue Paper for Council consideration and ranking at the December workshop, to create a memorial for Sunnyvale citizens and employees who have given their lives on behalf of the City or their Country, that includes a number of options and focused on locating it in a public place, and that there be participation by both the Parks and Recreation Commission and the Arts Commission.

Mayor Howe offered a friendly amendment that the source of funds potentially come out of the Parks Dedication Fund.  Councilmember Miller added that the funding would be open to private donations a well.  The amendment was accepted.

The motion carried unanimously.

NON-AGENDA ITEMS & COMMENTS

COUNCIL

Councilmember Hamilton inquired if there had been a response to the letter about the glare from the Mozart Building.  Robert Paternoster, Director of Community Development, stated that Mozart had responded and the glass that was installed is low glare and nothing further could be done.  Amy Chan, Interim City Manager, added that staff is looking at alternatives to address the problem and will report back to the Council.

Councilmember Hamilton thanked the Council for supporting her request for a leave.

Councilmember Miller acknowledged a letter from Mr. and Mrs. Carlson Crabtree that wrote a commendation letter for a Sunnyvale employee, Jerry Barajas.

Vice Mayor Chu congratulated Maria Matais, a third grade teacher at Cherry Chase Elementary School, who was awarded the “Teacher of the Year” award for the City of Sunnyvale.

Councilmember Fowler reported on the information he received at the League of California Cities Congress of Cities event that he attended in Long Beach last weekend.

STAFF

There were no comments.

ADJOURNMENT OF THE REGULAR MEETING

Mayor Howe declared the regular meeting adjourned at 9:00 p.m. in memory of John Wilson, a long time resident of Sunnyvale.

ADJOURNMENT TO FIRST CLOSED SESSION – WEST CONFERENCE ROOM

Personnel Matters: City Attorney Evaluation Pursuant to Gov't. Code 54957.6.

The Closed Session was adjourned at 9:30 p.m.

ADJOURNMENT TO SECOND CLOSED SESSION – MAYOR’S OFFICE, CITY HALL

Personnel Matters: City Attorney Evaluation Pursuant to Gov't. Code 54957.6.

The Closed Session was adjourned at 11:30 p.m.

Respectfully submitted,

Susan Ramos, City Clerk