Councilmember Fowler removed item to correct minutes (Page 8, Item 2). Councilmember Miller removed item to correct minutes (Page 11, Item NAC-12).

FOWLER moved approval of minutes as *corrected, seconded by WALKER and carried with ROBERTS absent.

*Page 8, Item 2, the motion should read as follows:

FOWLER moved in accordance with staff alternates 2 and 4 to adopt the workplan to consider the rezoning of properties within the R-4 and R-5 Zoning Districts with the modifications to add 101/Lawrence Expressway Specific Plan to Category 1; the Downtown Specific Plan to Category 4 and the Southern Pacific Corridor Site Specific Plan, Sites 4 & 5 to Category 4; and to review development standards for the R-4 and R-5 Zoning Districts that affect appearance and ownership possibilities, seconded by VORREITER and carried with ROBERTS absent.

*Page 11, Item NAC-12, last sentence should read:

Councilmember Kawczynski removed this item.

That Council review the bills.

That Council adopt the resolution.

Title of Resolution No. 140-98:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED IN ALBERTA COURT, TRACT NO. 8897, SD-96-2, AS COMPLETE AND SATISFACTORY.

VORREITER moved adoption of Resolution No. 140-98, seconded by MILLER and carried by the following roll call vote:

AYES: WALKER, VORREITER, VALERIO, KAWCZYNSKI,

FOWLER, MILLER

NOES: NONE

That Council award the contract to Guy’s Roofing in the amount of $37,600.

That Council approve the Art Commission’s recommendation to accept final designs for artwork at the Reamwood and Lockheed/Martin Stations.

VORREITER moved approval of the Art Commission’s recommendation to accept final designs for artwork at the Reamwood and Lockheed/Martin Stations, seconded by MILLER and carried with ROBERTS absent.

That Council adopt the ordinance.

Title of Ordinance No. 2581-98:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE FIXING AND LEVYING AD VALOREM ASSESSMENTS FOR FY98/99 ON ALL LAND AND IMPROVEMENTS WITHIN THE CENTRAL PARKING DISTRICT.

VORREITER moved adoption of Ordinance No. 2581-98, seconded by MILLER and carried by the following roll call vote:

AYES: WALKER, VORREITER, VALERIO, KAWCZYNSKI,

FOWLER, MILLER

NOES: NONE

That Council deny the appeal and uphold the decision of the Planning Commission to approve the application.

David Boesch, Director of Community Development, presented the staff report. Mr. Boesch indicated the Martire Family was requesting a two-week continuance.

The public hearing on the continuance was declared open at 7:45 p.m.

Ms. Fordyce, requested a two-week continuance to the Council meeting of August 4^th. Ms. Fordyce indicated that the Martire family was unavailable until this date, and also were in the process of negotiating a settlement of the appeal, and require the additional time to conclude said negotiations.

Ms. Gao indicated Dr. Wang was terminating negotiations, which removed the grounds for the request for a continuance. Ms. Gao requested Council to proceed with the public hearing.

Ms. Pi requested Council to deny request for continuance and proceed with the public hearing.

Mr. Lu requested Council not grant continuance.

The public hearing on the continuance was declared closed at 8:00 p.m.

VORREITER moved to deny the request for continuance and proceed with conducting scheduled public hearing, seconded by MILLER and carried with ROBERTS absent.

David Boesch, the Director of Community Development, presented the staff report on the application for use permit.

The public hearing was declared opened at 8:10 p.m.

Ms. Fordyce commented on the following issues:

• Parking shortage, not sufficient spaces in subject area
• Cross-easement doesn’t exist for parking between the 2 properties
• Parking stickers/placards be required
• Delineation between fence and landscaping
• Doors on west side be emergency only exit

Ping Gao, Attorney representing Dr. Wang

Ms. Gao reviewed the hours of operation and indicated availability of parking spaces in subject property. Ms. Gao commented that Dr. Wang’s proposal would benefit Sunnyvale’s business community.

Jai Pi, 1750 Halford, Santa Clara

Ms. Pi commented on doors on the west side being "exit only" doors, and would not be designated "emergency only." Ms. Pi indicated applicant would be opposed to parking stickers, as they serve no purpose and could not be enforced.

Clyde Dixon, Camino West tenant

Mr. Dixon expressed Council support of granting use permit. Mr. Dixon has been a tenant since 1961and is pleased to have Dr. Wang as a new tenant.

Jai Pi, 1750 Halford, Santa Clara

Ms. Pi addressed Condition #13 and Condition #3.

Rosie Akina Cooke, 390 South Fernwood Circle

Ms. Cooke indicated that her daughter is a patient of Dr. Wang’s and she usually parks in the lot after 5 p.m. Ms. Cooke commented that she has not observed any parking problems and urged Council grant use permit. 

Rainer Schultz

Mr. Schultz Indicated that as a result of photos he had taken, there were no signs of a parking problem, and urged Council to support the granting of the use permit.

D. K. Lu, 147 Castro Street, Mtn.View

Mr. Lu commented that the property was not intensified. Mr. Lu stated that staff requested the door on the west side of the building and the emergency door is over imposing. Mr. Lu concluded that the centers should be helping each other.

Larry Chu, 2200 Laurelwood, Santa Clara

Mr. Chu indicated that he is a shopping center broker and sees no apparent parking problems at this center.

Lina Martire, 13249 Paramount, Saratoga

Mr. Martire indicated opposition to the appeal process and suggested code enforcement procedures be applied to everyone in the center.

The public hearing was declared closed at 9:30 p.m.

That Council direct staff to reconfigure the lanes on Old San Francisco Road by reducing the number of through lanes from four to two (one in each direction) and creating a two-way center left-turn lane as described in Alternative B. As part of this alternative, Old San Francisco Road’s intersection with Gail Avenue will be signalized.

Ray Williamson, the City Traffic Engineer., presented the staff report.

The public hearing was declared open at 9:55 p.m.

The public hearing was declared closed at 10:00 p.m.

That Council choose any of the following alternatives:

• Direct staff to not change parking regulations and parking enforcement;
• Direct Public Safety to increase resources devoted to parking enforcement;
• Direct staff to undertake an in-depth review of parking regulations and enforcement policies and develop a list of recommendations to accomplish goals established by City Council.

Ray Williamson, the City Traffic Engineer, presented the staff report. Regan Williams, Director of Public Safety, was also available to respond to Council questions.

The public hearing was declared open at 10:20 p.m.

Ms. Coombs commented on abandoned vehicles parked on San Diego Avenue that prohibit street sweepers to clean effectively. Ms. Coombs suggested that enforcement take place in removing inoperable and/or abandoned vehicles off the street.

Mr. Jackson commented on enforcement in bicycle lanes and expressed support of directing staff to undertake an in-depth review of parking regulations and enforcement policies and develop a list of recommendations to accomplish goals established by City Council.

Mr. Mayer indicated that bike lanes aren’t the real problem, but bicycle space is. Mr. Mayer also commented that the Abandoned Vehicle Hotline should have more depth.

The public hearing was declared closed at 11:00 p.m.

KAWCZYNSKI moved in accordance with staff alternate #1 and direct staff to not change parking regulations and parking enforcement policies at this time, seconded by MILLER.

Councilmember Miller offered a friendly amendment that staff become more aware of issues discussed, a better education process, particularly in regard to bicycle safety and cars parked on the street during street sweeping.

Councilmember Miller’s friendly amendment was not accepted.

The vote on Councilmember Kawcynski’s motion failed with WALKER, VORREITER, FOWLER and VALERIO dissenting and ROBERTS absent.

WALKER moved to not change parking regulations, but intensify parking enforcement as related to bicycle safety, and if further resources are required, that staff report back to Council for approval, seconded by VORREITER and carried with KAWCZYNSKI dissenting.

The City Manager indicated that staff would review the administrative procedures and ordinances to address parking issues and the needs of the bicycle community. He added they would review possible approaches to improving parking, street sweeping and bicycle safety, in accordance with Councilmember Miller’s concerns.

That Council approve the following statement to the 1998 Legislative Action Policies: Support exploring options for enhanced mobility in the Bay Area through increased water transit.

Dan Rich, Administrative Assistant/Office of the City Manager, presented the staff report.

The public hearing was declared open and closed at 11:26 p.m.

That Council review the agenda and appeal an application where appropriate.