The City Council adjourned from a 5:00 p.m. Closed Session pertaining to Public
Employment: City Manager Informal Evaluation, pursuant to Government Code Section 54957, and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:00 p.m., with Mayor Chu presiding.

Mayor Chu led the salute to the flag.

PRESENT:

Mayor Dean J. Chu

Vice Mayor Ron Swegles

Councilmember Julia Miller

Councilmember John Howe

Councilmember Melinda Hamilton

Councilmember Otto Lee

Councilmember Fred Fowler

STAFF PRESENT:

Amy Chan, City Manager

Robert Walker, Assistant City Manager

Joan Borger, Interim City Attorney

Robert Paternoster, Director of Community Development

John Lawrence, Recreation Superintendent

Trudi Ryan, Planning Officer

Annabel Yurutucu, Housing Officer

Mark Petersen, Golf Services Supervisor

Susan Ramos, City Clerk

Status of Key Activities of the Bay Area Air Quality Management District - Jack Broadbent, Executive Officer/Air Pollution Control Officer

Mr. Jack Broadbent, Executive Officer/Air Pollution Control Officer provided an update of the District’s activities and programs and noted  this was it’s 50^th Anniversary.  Mr. Broadbent thanked Councilmember Julia Miller for her representation and leadership on the Bay Area Air Quality Management District  Board.

Onizuka Air Force Station - Lieutenant Colonel Ronald Thompson

Mayor Chu announced the presentation was cancelled due to a scheduling conflict.

Vice-Mayor Swegles reported that no action was taken at the Closed Session on April 23^rd regarding Public Employment, City Attorney, pursuant to Government Code Section 54957.  He also reported that no action was taken at the Closed Session at 5:00 p.m. tonight regarding Public Employment: City Manager Informal Evaluation, pursuant to Government Code Section 54957.

Mayor Chu announced that tonight’s Closed Session following the regular Redevelopment Agency meeting had been cancelled.

Councilmember Fowler announced the Lawnmower Exchange Program is being sponsored by the Air Quality District on Saturday, May 7^th at the Home Depot located at  680 Kefir Road, 8:00 a.m. to 12:00 p.m.  Citizens may contact the Solid Waste Division of the City of Sunnyvale for more information at (408) 730-7262 or visit the website at www.sunnyvalerecycles.org

Councilmember Fowler announced the City of Sunnyvale is looking for potential Commissioners and Boardmembers.  There are 10 Boards and Commissions that have vacancies: Arts Commission, Bicycle and Pedestrian Advisory Committee, Board of Building Code Appeals, Child Care Advisory Board, Heritage Preservation Commission, Housing & Human Services Commission, Board of Library Trustees, Parks & Recreation Commission, Personnel Board and Planning Commission. Councilmember Fowler indicated that applicants must be citizens of the City of Sunnyvale and must be registered voters.  The filing deadline is Friday, May 20, 2005 at 5:00 p.m. and applications are available on the website www.sunnyvale.ca.gov or by contacting the City Clerks’ office at (408) 730-7474.

Councilmember Hamilton invited everyone to participate in Denim Day tomorrow, April 27^th, to raise awareness about Sexual Assault. 

Mayor Chu announced Parent’s Night on April 28^th from 7:00 p.m. to 8:00 p.m. at Cherry Chase School.

Councilmember Miller congratulated Homestead High Senior, Josh Levitz, who was awarded a Presidential Scholarship at the American University in Washington DC for outstanding academic leadership and potential.

Vice-Mayor Swegles pulled consent item #1E. 

Vice-Mayor Swegles moved and Councilmember Miller seconded to approve the balance of the Consent Calendar except for Item #1E, which will be considered separately.  The motion carried unanimously.

1.A.

MOTION

Approval of Draft Minutes (Special Meeting of April 18, 2005 and

                                           Regular Meeting of April 19, 2005)

1.B.

MOTION

Approval of Information/Action Items - Council Directions to Staff

1.C.

RTC 05-117

List of Claims and Bills Approved for Payment by the City Manager (List No. 244)

Staff Recommendation: Review list of bills.

1.D.

RTC 05-119

Extension of an Existing Lease of Three Electric Vehicles for the Pool Car Fleet (F0404-57)

1.E.

RTC 05-116

Staff Recommendation: It is recommended that Council authorize a one-year extension of an existing lease with Toyota Motor Sales USA, Inc., in substantially the same form as the attached Lease Amendment and Extension Agreement and in the amount of $11,691, for three electric vehicles.

Award of Contract to Provide Youth Soccer Classes and Camps for the City’s Recreation Program (F0404-55)

John Lawrence, Recreation Superintendent, responded to questions regarding the amount of the contract.

Mayor Chu opened the public hearing at 7:28 p.m.  There being no public testimony, the public hearing was closed at 7:29 p.m.

Vice-Mayor Swegles moved and Councilmember Hamilton seconded to approve staff’s recommendation to authorize a one-year contract to Kidz Love Soccer, Inc. in an amount not to exceed $120,000 per year, in substantially the same format as the attached draft, and with an option to extend the contract for an additional one-year period, to provide youth soccer classes and camps for the City’s Recreation Program.

Motion carried unanimously.

1.F.

RTC 05-107

Agreement Between the City of Sunnyvale and the Friends of the Sunnyvale Public Library for 2005-2008

Staff Recommendation: Approve the three year agreement between the Friends of the Sunnyvale Public Library and the City and authorize the City Manager to enter into the Agreement by June 30, 2005.

1.G.

RESOLUTION

RTC 05-126

Adoption of the Disaster Mitigation Act 2000 Local Hazard Mitigation Plan Annex

Staff Recommendation: Adopt by resolution the Local Hazard Mitigation Annex.

- No public testimony received.

2.

ORDINANCE

MOTION

RTC 05-120

Introduction of an Ordinance for a Rezone, Special Development Permit and a Parcel Map Located at 393 Beemer Avenue (Near North Mathilda Avenue) to Rezone from R-2 (Low Medium Density Residential) to R-2/PD (Low Medium Density Residential / Planned Development) and Construction of Three Townhomes

Trudi Ryan, Planner Officer, presented the staff report.  Staff responded to questions regarding accessory living units and utility undergrounding.

Mayor Chu opened the Public Hearing at 7:36 p.m.

Robert Cook, Representative for Calla Properties.  Mr. Cook indicated the project was developed to upgrade the area and would be a benefit to the community.  Mr. Cook apologized for the mirror image print and noted it will be corrected when the final plans are submitted.

There being no further public testimony, Mayor Chu closed the Public Hearing at 7:39 p.m.

Vice-Mayor Swegles moved and Councilmember Lee seconded to approve staff’s recommendation for Alternative #1 to adopt the Mitigated Declaration and introduce an Ordinance to Rezone 393 Beemer Avenue from R-2 to R-2/PD and approve the Special Development Permit and Tentative Map with conditions attached to the report.

Councilmember Howe offered a friendly amendment to add a condition of approval: “that no accessory living units be allowed on the property.”  The amendment was accepted.

At the direction of Mayor Chu, City Clerk Susan Ramos read the title of the ordinance into the record.

ORDINANCE NO. 2781-05, 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 3939 BEEMER AVENUE FROM R-2 (LOW-MEDIUM DENSITY RESIDENTIAL) TO R-2/PD (LOW-MEDIUM DENSITY RESIDENTIAL/ PLANNED DEVELOPMENT) ZONING DISTRICT.

The motion carried unanimously as amended.

3.

ORDINANCE

RTC 05-114

Introduction of an Ordinance for a Rezone, Special Development Permit, and a Tentative Map to Rezone from R-3 (Medium-Density Residential) to R-3/PD (Medium-Density Residential / Planned Development) Zoning District on a 3-acre Site Located at 857 and 865 Carlisle Way

Trudi Ryan, Planning Officer presented the staff report.  Staff responded to questions regarding below market rates, utility metering, carports, parking spaces and wood burning fireplaces.

Mayor Chu opened the public hearing at 7:49 p.m.

Mr. Salvatore Caruso, Project Architect and Applicant, indicated the project would allow for below market rate units in the city that currently do not exist and allows for a stepping stone between higher density residential to the north and side of the project and to traditional residential across the street.  Mr. Caruso noted that the parking standards are met on the site and allows for a lush area within the community.  He responded to questions about trees, landscaping and below market rates.

Harriett Rowe, member of the public, supported the project. 

There being no further testimony, Mayor Chu closed the Public Hearing at 7:57 p.m.

Councilmember Howe asked the public hearing to be reopened so he could follow up on an earlier question about utility metering.

Mayor Chu reopened the public hearing at 7:58 p.m.

Mr. Caruso clarified that the sewer and water utility meters are shared and the gas and electric meters are separate.

There being no further testimony, the public hearing was closed at 7:59 p.m.

Councilmember Miller moved and Councilmember Lee seconded to approve staff’s recommendation for Alternative #1 to introduce an Ordinance to Rezone 857 and 865 Carlisle Way from R-3 to R-3/PD and approve the Special Development Permit and Tentative Map with conditions attached to the report.

At the direction of Mayor Chu, City Clerk Susan Ramos read the title of the Ordinance into the record.

ORDINANCE NO.  2782-05, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE PRECISE ZONING PLAN, ZONING DISTRICT MAP, TO REZONE CERTAIN PROPERTY LOCATED AT 857 AND 865 CARLISLE WAY FROM R-3 (MEDIUM DENSITY RESIDENTIAL) TO R-3/PD (MEDIUM DENSITY RESIDENTIAL/ PLANNED DEVELOPMENT) ZONING DISTRICT.

The motion carried unanimously.

4.

RTC 05-124

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

Trudi Ryan, Planning Officer, presented the staff report.  Staff responded to questions regarding smoking regulations, ash trays, litter removal, and the permit process.

Mayor Chu opened the Public Hearing at 8:18 p.m.

Harriett Rowe, member of the public, expressed concern about the 5’ sidewalk for pedestrians with strollers and requested that the 5’ sidewalk is monitored and enforced by the business establishment closely.  She stated she would support a no smoking ordinance outside of doorways if Council should propose one. 

There being no further public testimony, the Public Hearing was closed at 8:21 p.m.

Councilmember Howe moved and Vice-Mayor Swegles and Councilmember Fowler jointly seconded to approve staff’s recommendation for Alternatives #2, 4, 5, 6, 7, and 9 as follows:  #2 Require ashtrays and litter removal and to allow paper napkins; #4 Allow a single permit for multiple parcels; #5 Allow encroachment upon frontage  of neighboring business when the street is closed for an outdoor public event; #6 Permit freestanding umbrellas; #7 Eliminate the requirement that tabletops must be round or have more than four sides; and #9 Require a minimum five-foot pedestrian clearance. 

Motion carried unanimously.

5.

MOTION

RTC 05-115

Report on Implementation of Homebuyer Education Component of First-time Homebuyer Support Program and Recommended Guidelines for Down Payment Assistance Loans and Individual Development Accounts (IDAs)

Annabel Yurutucu, Housing Officer, presented the staff report.  Staff responded to questions regarding down payment criteria and cost of the program.

Mayor Chu opened the Public Hearing at 8:36 p.m.  There being no public testimony, the public hearing was closed at 8:37 p.m.

Councilmember Fowler moved and Vice-Mayor Swegles seconded to approve staff’s recommendation for Alternatives #1, 2, and 3 to approve the Down Payment Assistance Loan Program eligibility criteria and loan terms as described in Attachment C of the report; approve and the Individual Development Account Program eligibility criteria described in Attachment C of the report; and direct and authorize staff to prepare and enter into an agreement for services between the City and Lenders for Community Development in the amount of $379,500 to include the maximum City match contribution of $330,000 and payment for services not to exceed $49,500.

Motion carried unanimously.

6.

RESOLUTION

MOTION

RTC 05-118

Proposed Increase in Golf Tournament Fees

Mark Petersen, Golf Services Supervisor, presented the staff report.  Staff responded to questions regarding unredeemed gift certificates, attendance at the Parks & Recreation Commission meeting and public comments pertaining to the increase that may have been made during that meeting

Mayor Chu opened the Public Hearing at 8:44 p.m. 

Mr. Robert Locke, Parks & Recreation Commission representative, indicated that the increase in tournament fee was a good increase to help bridge the 5 percent reduction that Council had requested.  Mr. Locke noted that only 4 tournaments out of the 100 had cancelled  due to the increase in fees.

There being no further testimony, Mayor Chu closed the Public Hearing at 8:46 p.m.

Vice-Mayor Swegles moved and Councilmember Miller seconded to approve staff’s recommendation for Alternative 1, consistent with budget supplements #55 and #70, revise current fee resolution to increase tournament reservation fees at Sunnyvale Golf Course from $2.00 to $2.50 for the period of May 1, 2005 to March 31, 2006 as noted on Attachment B of the staff report.  Motion carried unanimously.

COUNCIL:

Mayor Chu noted and there was Council consensus to bring back the Minutes of the April 2, 2005 Special Meeting as amended to reflect a recess before the Study Session from 2:40 p.m. to 3:00 p.m. which was inadvertently omitted.

Mayor Chu clarified for the record that his statement of April 19, 2005 regarding the absence of the BASCWA representative at the 4/2/05 Study Session on Utility Rates was accurate because although the representative was present for the first part of the meeting, the representative had left the meeting when the Utility Rates item occurred at 3:00 p.m. 

Councilmember Hamilton expressed thanks to the City Manager for her quick response regarding regulations pertaining to the distribution of literature at the Farmers’ Market.

STAFF:

None

Mayor Chu declared a recess at 8:55 p.m. and noted that the following Closed Session was cancelled:

         Conference with Legal Counsel – Initiation of Litigation Pursuant to Government Code Section 54956.9(c) – One Case

Mayor Chu reconvened the meeting at 9:07 p.m.

The regular meeting of the City Council was adjourned at 9:08 p.m. to the Redevelopment Agency meeting.