MINUTES
SUNNYVALE CITY COUNCIL
SEPTEMER 28, 2004
7:30 P.M.

The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Closed Session regarding Labor Negotiations: COA, pursuant to Government Code 54957.8, a 6:30 p.m. Closed Session regarding Labor Negotiations: SEA pursuant to Government Code 54957.8, 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 Council adjourned to a Closed Session regarding Conference with Legal Counsel, Patricia P. White – Anticipated Litigation - One Case – Government Code Section 54956.9, in the Mayor's Office, and reconvened at 10:10 p.m.

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

Mayor Howe announced that retired Public Safety Officer Dave Bo passed away on September 24 after a long battle with injuries sustained as a result of an on-duty motorcycle accident.

SPECIAL ORDER OF THE DAY

Mayor Howe was joined at the podium by Monica Draganowsi Davis, Arts Commission Chair, and presented her with a proclamation declaring October as “National Arts and Humanities Month”.

Mayor Howe was joined at the podium by Arley Marley III, Chair of the Board of Directors of the Sunnyvale Chamber of Commerce, and Chair of the Project Share Life, and presented him with a proclamation declaring the month of September as Leukemia, Lymphoma, and Myeloma Awareness Month.

SCHEDULED PRESENTATION

Director Santos, Santa Clara Valley Water District, presented an annual update on projects and activities in Sunnyvale that included flood protection, water monitoring, and  maintenance programs.  He distributed a joint agreement document to the Council.

PUBLIC ANNOUNCEMENTS

Vice Mayor Chu announced the following Closed Sessions:

September 21 - Personnel Matters: City Attorney Evaluation Pursuant to Government Code 54957.6 in the West Conference Room.  No direction was given and no action was taken.

September 21 - Personnel Matters: City Attorney Evaluation Pursuant to Government Code 54957.6 in the Mayor’s Office at City Hall.  Direction was given and no action was taken.

September 28 - Labor Negotiations: COA, pursuant to Government Code 54957.8.  Direction was given and no action was taken.

September 28 - Labor Negotiations: SEA pursuant to Government Code 54957.8.  Direction was given and no action was taken.

Councilmember Hamilton 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.

Councilmember Swegles announced the Public Safety Pancake Breakfast on October 29, from 8:00 a.m. to 11:00 a.m. at Station number 2 at Wolf and Arques.   The proceeds will go to the Alisa Ann Ruch Burn Foundation.

Councilmember Miller announced that the Sunnyvale SWAT team took first place in the ”Best of the West” competition.

CONSENT CALENDAR

Councilmember Miller 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 1.G.  The motion carried unanimously.

Fiscal Items

Contracts

Other Items

Councilmember Miller stated she pulled this item to inform the public about this process.

Mayor Howe opened the Public Hearing at 8:04 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Miller moved, and Councilmember Fowler seconded, to adopt the resolution amending the City’s Conflict of Interest Code.  The motion carried  unanimously.

RESOLUTION NO. 136-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING RESOLUTION NO. 193-02 DESIGNATING POSITIONS FOR WHICH CONFLICT OF INTEREST FILINGS ARE REQUIRED

CITIZENS TO BE HEARD

Michael Flores, a member of the public, expressed concerns about the effect on voting when there is not full attendance of the Council and/or Boards and Commissions. He encouraged full participation through other means as much as possible. He requested that Council confirm the accuracy of the maternity leave and disability leave articulated in Councilmember Hamilton’s request and that the item be agendized at a future Council meeting.

Ken Jorgensen, a member of the public, addressed the Council to set the record straight on the permitting process for the Sabercat’s tent.

Harriet Rowe, a member of the public, expressed appreciation that procedures and policies are explained by the Council.

PUBLIC HEARINGS/GENERAL BUSINESS

Cathy Merrill, Assistant to the Director of Parks and Recreation, presented the staff report.

Mayor Howe opened the Public Hearing at 8:24 p.m.

Robert Locke, representing the Sunnyvale Parks and Recreation Commission, thanked the Council for giving the Commission the opportunity to help select the name for the Plaza.  He responded to Council questions regarding the procedure for narrowing the list to ten names.

Mayor Howe closed the Public Hearing at 8:26 p.m.

The following motions were made to narrow down the name selection process.

Vice Mayor Chu moved, and Councilmember Lee seconded, to add the name of Plaza of Heart’s Delight to the list.  The motion carried with Mayor Howe and Councilmembers Swegles and Fowler dissenting.

Councilmember Lee moved, and Vice Mayor Chu seconded, to add the name of Bing Plaza to the list.  The motion failed with Mayor Howe and Councilmembers Hamilton, Miller and Fowler dissenting.

Councilmember Miller moved, and Councilmember Fowler seconded, to remove Blenheim Plaza and Encinal Plaza from the list.  The motion carried with Councilmember Hamilton dissenting.

Councilmember Fowler moved to delete Community Plaza, Del Monte Plaza, and Plaza Del Sol from the list.  The motion died for lack of a second.

Councilmember Miller moved, and Councilmember Fowler seconded, to delete Diversity Plaza and Millennium Plaza from the list.  The motion carried with Mayor Howe and Councilmember Swegles dissenting.

Councilmember Fowler moved, and Mayor Howe seconded, to delete Community Plaza from the list.   The motion carried with Councilmembers Swegles and Miller dissenting.

Councilmember Fowler moved, and Councilmember Hamilton seconded, to delete the Downtown Plaza and the Sunnyvale Plaza from the list.  The motion carried with Vice Mayor Chu and Councilmembers Swegles and Miller dissenting.

Councilmember Fowler moved, and Vice Mayor Chu seconded, to remove Del Monte Plaza from the list.  The motion carried with Councilmembers Hamilton, Swegles and Miller dissenting.

Mayor Howe polled the Council to rank the remaining three names: Plaza Del Sol, Heritage Plaza and Plaza of Heart’s Delight.

Mayor Howe moved, and Councilmember Miller seconded, to approve the name of Plaza Del Sol.

Councilmember Fowler moved, and Councilmember Miller seconded, a substitute motion to vote separately for Plaza Del Sol and Heritage Plaza.  The motion carried unanimously.

The vote to approve the name of Plaza Del Sol was 5 to 2 with Councilmembers Swegles and Fowler dissenting.

The vote to approve the name of Heritage Plaza was 2 to 5 with Mayor Howe, Vice Mayor Chu and Councilmembers Lee, Hamilton and Miller dissenting.

Plaza Del Sol was selected as the official name of the Plaza by a majority vote of the Council.

Trudi Ryan, Planning Officer, presented the staff report.

Mayor Howe opened the Public Hearing at 9:00 p.m.

Brad Clausen, Applicant/Owner, described the site and stated the business would be an improvement.  He responded to questions from Council regarding outreach to the neighbors, projected sales, construction timeframe and noise.

Vice Mayor Chu closed the Public Hearing at 9:04 p.m.

Councilmember Miller moved, and Councilmember Swegles seconded, to approve Alternative 1, adopt the Mitigated Negative Declaration and introduce an Ordinance to Rezone 1044 W. El Camino Real from C-2 to C-2-ECR and approve the Special Development Permit with the attached conditions.

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

ORDINANCE NO. 2764-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE PRECISE ZONING PLAN, ZONING DISTRICTS MAP, TO REZONE CERTAIN PROPERTY LOCATED AT 1044 WEST EL CAMINO REAL FROM C-2 (HIGHWAY BUSINESS) ZONING DISTRICT TO C-2/ECR (HIGHWAY BUSINESS/EL CAMINO REAL PRECISE PLAN) ZONING DISTRICT

The motion carried unanimously.

Trudi Ryan, Planning Officer, presented the staff report.

Mayor Howe opened the Public Hearing at 9:11 p.m.

Dietmar Burkhardt, co-owner of Sunnyvale Volkswagon and representing the Sunnyvale Auto Dealers Association, thanked the Council and staff for their support of this program.  He reviewed the need for proper signage to market their products, and advocated for the timeframe to be extended to one year. 

Harriet Rowe, a member of the public, discouraged the use of balloons as part of this program.

Michael Flores, a member of the public, expressed concern regarding the timeframe for this program and advocated for a time limit.

Mayor Howe closed the Public Hearing at 9:22 p.m.

Mayor Howe moved, and Councilmember Swegles seconded, to approve Alternatives 1 and 3, to adopt the Auto Dealership Banner Program as a permanent program, direct staff to include “Promotional Event” banners in the larger study of auto dealership signage, and to allow auto dealers to apply for a permit to extend use past the 6 months period, not to exceed a total of one year, upon approval by the Director of Community Development. The motion carried unanimously.

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

ORDINANCE NO. 2765-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING PORTIONS OF CHAPTER 19.44 OF THE SUNNYVALE MUNICIPAL CODE TO ALLOW AUTOMOBILE RETAIL ESTABLISHMENTS TO DISPLAY DECORATIVE BANNERS ALONG EL CAMINO REAL

The motion carried unanimously.

Karen Davis, Economic Development Manager, presented the staff report.

Staff responded to questions posed by the Council regarding the Silicon Valley Network project benefits, carryover from the operating budget, and shopping cards for Sunnyvale residents.

Mayor Howe opened the Public Hearing at 9:37 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Fowler moved, and Councilmember Swegles seconded, to approve Alternatives 1, 2, and 3, approve the goals for the Economic Development Program, approve the FY 2004/05 strategies and actions for the Economic Development Program, and approve Budget Modification No. 8 to carryover $12,000 from operating savings of the Economic Prosperity program in FY 2003/2004 to fund the advertising and promotion of Sunnyvale as a good place to do business, and appropriate $5,000 from the General Fund Non Recurring Events Reserve to fund Joint Venture Silicon Valley Network project.  The motion carried unanimously.

NON-AGENDA ITEMS & COMMENTS

COUNCIL

There were no comments.

STAFF

There were no comments.

ADJOURNMENT TO CLOSED SESSION

Mayor Howe declared the meeting adjourned at 9:39 p.m. to a Closed Session Conference with Legal Counsel, Patricia P. White – Anticipated Litigation - One Case – Government  Code Section 4956.9, in the Mayor's Office, and reconvened the regular meeting at 10:10 p.m.

Mayor Howe reported that at the Closed Session the Council agreed to approve the separation agreement with City Attorney Valerie Armento. Mayor Howe asked for the votes of the Council and called the roll. All members of the Council declared affirmative votes.

ADJOURNMENT

On a motion from Councilmember Miller, Mayor Howe adjourned the meeting at 10:13 p.m. in memory of Richard "Dick" Rosche.

Respectfully submitted,

Susan Ramos, City Clerk