PUBLIC HEARINGS/GENERAL BUSINESS

2.   RTC 05-101    2005-0023 Study Issue to Consider Amending the City of Sunnyvale’s 1987 Legislative Policy for Outdoor Dining on the 100 Block of South Murphy Avenue   Bob Paternoster, Director of Community Development, reported that staff is recommending to continue this item to April 26, 2005.   Mayor Chu opened the public hearing at 7:48 p.m. and there being no public testimonies, closed the public hearing.   Councilmember Miller moved and Councilmember Swegles seconded to approve staff’s recommendation as presented. Motion carried unanimously.

3.    RESOLUTION        RTC 05-084  Adoption of a Resolution Vacating a 10-foot Wide Public Utility Easement at 255 Caspian Drive (Continued from March 29, 2005)   Barbara Keegan, Assistant Public Works Director, presented the report and responded to questions regarding adjacent properties and abandonment.   Mayor Chu opened the public hearing at 7:52 p.m., and there being no public testimonies, closed the public hearing.   Councilmember Howe moved and Vice Mayor Swegles seconded to approve staff’s recommendation to adopt a resolution vacating a ten-foot wide public utility easement at 255 Caspian Drive and authorize the City Clerk to cause a certified copy of the resolution to be recorded with the County Recorder’s office.   A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE VACATING A TEN-FOOT WIDE PUBLIC UTILITY EASEMENT AT 255 CASPIAN DRIVE   Motion carried unanimously.

4. RTC 05-102      Below Market Rate (BMR) Rental Unit Program Administrative Guidelines   Annabel Yurutucu, Housing Officer, presented the staff report. Staff responded to questions regarding employees of the rental communities, certification and penalties.   Mayor Chu opened the public hearing at 8:10 p.m.   Nancy Smith, member of the public, urged the Council support staff’s recommendation and responded to questions about the Commission’s position.   Nancy Tivol, Sunnyvale Community Services, presented the highlights of administrative procedures and noted it has more clarity.   Bob Hines, Tri County Apartment Association, thanked staff for their efforts and collaboration with their office and expressed support of the recommendation. He stated he would like to see the good work relationship continue.   Ryan Minniear declined to speak.   Harriett Rowe, member of the public, expressed concern about the process for non residents versus residents.   The public hearing was closed at 8:28 p.m.   Councilmember Miller moved and Vice Mayor Swegles seconded to approve staff’s recommendation for Alternative 2, to direct staff to place responsibility for certification of applicants upon the apartment owners, and direct the City Attorney to prepare, for Council consideration, a revision to SMC 19.66 to include penalties to insure rigorous compliance to BMR administrative procedures for rental complexes, including proper administration of the

preference system. Motion carried unanimously.   5. RTC 05-096    Recommendations Regarding a Process for the Award of Swirsky Youth Opportunity Fund Grants to Agencies Supporting Disadvantaged Youth   Cathy Merrill, Assistant to the Director of Parks and Recreation, assisted by Curtis Black, Interim Director of Parks and Recreation and Nancy Steward, Superintendent of Parks and Recreation, presented the report. Staff responded to questions regarding population served, criteria, the waiting list, and provisions of the will.   Mayor Chu opened the public hearing at 8:46 p.m.   Ray Pole, member of the public, provided a recap on the Commission’s previous work on this matter. He asked the Council to reject staff’s new recommendation and to send the matter back to the Commission for further review.   Bob Lausen, Parks and Recreation Commission member, clarified staff’s recommendation noting that it would allow the City Manager flexibility during each year’s budget submittal to use the funds in accordance with Swirsky’s desire.   The public hearing closed at 8:56 p.m.   Vice Mayor Swegles moved to approve staff’s recommendation for Alternative 1 to use proceeds from the Swirsky Youth Opportunity Fund to supplement the City’s Mobile Recreation Program or an equivalent City program rather than using the funds for grants to outside groups. The City Manager would include a recommendation for the use of funds (consistent with the Trust) with the budget submittal each year.   Councilmember Hamilton offered a friendly amendment to direct staff to ensure that Swirsky’s name appears in the programs and services that is funded by the Swirsky Youth Opportunity Fund. The friendly amendment was accepted.   Motion carried unanimously.   6.  RTC 05-090   Fee Waiver Program – Budget Issue   Nancy Steward, Superintendent of Parks and Recreation, assisted by Curtis Black, Interim Director of Parks and Recreation, presented the report. Staff responded to questions regarding program criteria, number of users affected by the proposed cut, alternative programs, and Community Development Block Grant (CDBG)funds.   Mayor Chu opened the public hearing at 9:10 p.m. Nancy Tivol, Sunnyvale Community Services, advocated for alternative 2, to direct staff to prepare a budget modification in the amount of $76,000 and adjust the General Fund subsidy to the Community Recreation Fund by the same amount, noting cutting the program abruptly could create problems. She suggested continuing the program through the end of this fiscal year and make necessary adjustments next fiscal year. Bob Lausen, Park and Recreation Commission member, advocated for alternative 2 noting it would be unfair to burden this user group and suggested spreading the cuts to other parks and recreation programs. Raymond Pole, member of the public, advocated for the fee waiver program. He expressed concern about moving funds around and advocated for getting the budget right the first time to ensure it is sufficient to support the programs and services. The public hearing was closed at 9:40 p.m.

First Motion Councilmember Miller moved, Councilmember Hamilton seconded to approve staff’s recommendation for Alternative no. 1 and direct staff to maintain expenditures for the Recreation Fee Waiver Program within the existing budget of $113,022 and to take whatever actions are required to ensure that expenditures stay within budget.   Substitute Motion (Carried) Councilmember Howe moved, Vice Mayor Swegles seconded to direct the City Manager to use the proceeds or interest income from the Swirsky Fund of approximately $10,000 to $12,000 towards the fee waiver program to be used for anyone under 18 years of age for the remainder of this fiscal year, to reduce the maximum amount of fee waiver allowed per individual from $250 to $180, to limit the eligibility income criteria to “very low” and “very very low” income, and to fund the remaining deficit balance in the remainder of this fiscal year for the fee waiver program for all age groups, from the non-recurring event funds.   Councilmember Hamilton offered a friendly amendment to drop the use of recurring events reserve fund for the deficit balance and proceed only with the use of the Swirsky fund. The amendment was not accepted.   Vice Mayor Swegles offered a friendly amendment to prepare a study issue paper to look into other alternatives in time for the upcoming budget process. This amendment was later withdrawn by the maker.   Substitute motion carried 6-1, Councilmember Hamilton dissented.   7. RTC 05-097      Review Valley Transportation Authority Long-term Transit Capital Investment Program   Marvin Rose, Director of Public Works, presented the report.   Mayor Chu opened the public hearing at 10:55 p.m.   Arthur Schwartz, member of the public, provided written comments that was read into the record by Mayor Chu, supporting staff’s recommendation to oppose the adoption of the Transit Program   The public hearing closed at 10:57 p.m.   Vice Mayor Swegles moved and Councilmember Miller seconded to approve staff’s recommendation for Alternative 1, to oppose adoption of the Long-term Transit Capital Investment Program until such time that Sunnyvale’s concerns regarding light rail expansion and a City/VTA 1993 Cooperative Agreement regarding light rail are addressed to the City’s satisfaction, and until a sustainable transit capital improvement program and funding strategy is developed that is significantly supported by a consensus of Santa Clara County cities and the County and by polling of Santa Clara County voters. Motion carried unanimously.   NON-AGENDA ITEMS & COMMENTS COUNCIL Councilmember Hamilton requested staff look into the regulation for prohibiting non profits from having booths or passing out materials at the Farmer’s Market.   Council consensus to cancel the City Attorney informal evaluation scheduled on April 7 and move the City Manager informal evaluation scheduled on April 21 to April 26 at 5 p.m. STAFF - None INFORMATION ONLY ITEMS- Received and filed. ·         Tentative Council Meeting Agenda Calendar (doc format) ·         Arts Commission Unapproved Minutes of March 16, 2005 ·         Parks & Recreation Commission Unapproved Minutes of March 21, 2005 ·         Board of Library Trustees Unapproved Minutes of March 28, 2005   ADJOURNMENT –  Mayor Chu adjourned the meeting at 11:12 p.m.   Susan A. Ramos , City Clerk