SUNNYVALE CITY COUNCIL 

February 8, 2005

The City Council of the City of Sunnyvale adjourned from 5:30 p.m. Study Session regarding Performance Audit Report of Police Services Program,  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.

SALUTE TO THE FLAG

Mayor Chu led the salute to the flag.

ROLL CALL

PUBLIC ANNOUNCEMENTS

Vice Mayor Swegles made the following announcements on behalf of the Council:

The City Council will host a Judicial Town Hall meeting with a panel of judges from the Superior Court of Santa Clara County on Thursday, February 10 from 7:00 p.m. to 9:00 p.m. in the Council Chambers.  For more information call (408) 730-7472.

The City of Sunnyvale, in partnership with the Foundation for Global Community, will host the “Grow Your Own” Organic Gardening Conference on Saturday, February 19, from 8:30 a.m. to 3:30 p.m. at the Sunnyvale Community Center, 550 East Remington Drive. For more information or to register, visit their web site at www.globalcommunity.org/gyo  or call (650) 328-7756  x629.

Jim Griffith, a member of the Sunnyvale Board of Library Trustees, announced that the Firebird Youth Chinese Orchestra will perform at the Sunnyvale Library on February 13 from 2:00 p.m. to 3:00 p.m. as part of the Library’s Sunday Sound Program.  On February 27 the Coral Project orchestra will perform from 5:00 p.m. to 6:00 p.m.  For more information call (408) 730-7300 or visit the web site at www.sunnyvalelibrary.org .

Erik Jacoby, a member of the public, announced the publication of a new magazine, “The Whistle Stop Magazine”, and distributed a copy to the Council.

Dave Whittum, a member of the public, announced that the environmental report for the Mathilda Crossing Rehabilitation Project has not yet been approved and will  come back to the Council for approval at a future date.  He encouraged the public to convey their thoughts or ideas to the Council.

CONSENT CALENDAR

Councilmember Miller requested item 1.A. (January 31 minutes) be pulled from the Consent Calendar and considered separately. Councilmember Fowler requested item 1.A. (the February 1 minutes) be pulled from the Consent Calendar so he could abstain from the vote since he was not present at the meeting.  Vice Mayor Swegles moved, and Councilmember Howe seconded, to approve the Consent Calendar with the exception of item 1.A.  The motion carried unanimously.

Councilmember Miller inquired about the status of the list of State Mandates that were included in the January 31 minutes. 

Vice Mayor Chu opened the Public Hearing at 7:10 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Miller moved, and Vice Mayor Swegles seconded, to approve the Special Meeting Minutes of January 31, as presented.  The motion carried with Councilmember Fowler abstaining due to his absence at the January 31 meeting. 

Mayor Chu opened the Public Hearing at 7:12 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Howe moved, and Vice Mayor Swegles seconded, to approve the February 1 Minutes as amended with the additional verbiage under Public Hearing No. 5:

Councilmember Howe commented that he was instrumental in this item coming back to Council and the scope of the study, as presented by staff in the Study Issue Paper, was not his intent.  He stated he is sensitive to staff’s time and resources.  He noted the goal is to have an effective BMR rental program, and by opening this up to the public for their comments, is hopeful that it will enable the Council to make some decisions that will aid in that effort.    He further stated that Sunnyvale has a successful BMR program and wants to make certain that continues into the future.  The motion carried with Councilmember Fowler abstaining due to his absence at the February 1 meeting.

Fiscal Items

CITIZENS TO BE HEARD

Dave Whittum, a member of the public, expressed concerns related to the north side train station platform and requested a ramp be installed.  He displayed pictures of the area.

PUBLIC HEARINGS/GENERAL BUSINESS

Barbara Keegan, Assistant Director of Public Works, assisted by Marvin Rose, Director of Public Works, presented the staff report.  Staff responded to questions posed by the Council regarding the owner of the vacated right-of-way, a lot with no frontage on a public street, and landscaping.

Mayor Chu opened the Public Hearing at 7:20 p.m.

Mark Russell, Applicant, provided background of the site, clarified the necessity of reconfiguring the driveway and requested the Council approve staff’s recommendation.  He responded to questions from the Council regarding the formula for dividing the property, property rights, and continuing the item.

Cheung Auyeung, a member of the public, stated he is in support of vacating the property.

Mark Russell, Applicant, thanked the staff for their assistance.

Mayor Chu closed he Public Hearing at 7:30 p.m.

Councilmember Howe moved, and Vice Mayor Swegles seconded, to approve Alternative 1, adopt the resolution vacating a portion of Dartshire Way and reserving a public utility easement and authorize the City Clerk to cause a certified copy of the resolution to be recorded with the County recorder office.  The motion carried unanimously.

RESOLUTION NO. 148-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE VACATING A PORTION OF DARTSHIRE WAY AND RESERVING A PUBLIC UTILITY EASEMENT

NON-AGENDA ITEMS & COMMENTS

COUNCIL

Councilmember Fowler wished everyone a Happy Chinese New Year.

Councilmember Hamilton and Mayor Chu congratulated Robert Walker on his appointment as the new Assistant City Manager.

Councilmember Lee wished everyone a Happy Chinese New Year.

STAFF

City Manager Chan wished everyone a Happy Chinese New Year.

INFORMATION ONLY ITEMS – Received and Filed

Tentative Council Meeting Agenda Calendar

RTC 05-046, Appeal Report on the Planning Commission Items of January 24, 2005 and Administrative Hearing of January 26, 2005

Arts Commission Unapproved Minutes of January 19, 2005

Planning Commission Unapproved Minutes of January 24, 2005

ADJOURNMENT

Mayor Chu announced the Closed Session noted on the agenda and asked for public comments. There were no public comments.

Mayor Chu declared the regular meeting adjourned at 7:45 p.m. and convened to a Closed Session regarding Public Employment: Update on City Attorney Position Recruitment pursuant to Government Code Section 54957.  The Closed Session adjourned at 9:05 p.m.  No direction was given and no action was taken.

Susan Ramos, City Clerk