Add to that the peculiar practice of specific seats. Candidates do not run at large, which would increase the prospect that the top candidates will be elected. For reasons we fail to understand, candidates must decide to run for a specific seat. Because the seats seem arbitrary, the only reason we can see for this system is that it increases the chances for partisanship and gamesmanship, something that was evident in the current race.

One outcome of the past election was a city council that works in lock-step. The meetings go on and on, but seldom with substantive debate. And decisions are almost always unanimous.

Against this backdrop one candidate, in particular, rises above the fray. Chris Moylan is bright and the only candidate of the three running for Seat 2 that has served on the planning commission. At a time when the city is working on downtown planning, Moylan knows the issues involved in such a major undertaking.

He has also chaired the Santa Clara Transit Committee. And transportation is another important area of concern in Sunnyvale when the downtown is growing. We endorse Moylan for Seat 2 without reservation.

We also think Nancy Smith is a strong candidate for Seat 3 where her opponent is incumbent John Howe.

Our reason for not endorsing Howe have much to do with the negative turn the council has taken since the 2003 election. He no sooner became mayor than City Manager Bob LaSala mysteriously "disappeared," and that was just the beginning of an era of shenanigans that included secretiveness and veiled threats to those who opposed the views of those in office.

Nancy Smith isn't afraid to speak out, and she's been outspoken in her campaign.

Smith has been involved in the Sunnyvale community for years. She's been chairwoman of the Santa Clara County Housing and Community Development Advisory Committee and understands Sunnyvale's connection to the region. She's a small business owner. What we like about Smith is that she is independent and willing to speak up and bring lively debate back to the council. Smith wants to promote a more open city council, something The Sun has been concerned about for the last two years. We think she can make the tough decisions.

For Seat 1, we endorse former councilman Tim Risch--with some reservation.

Since his loss in the 2003 election--the PSOA waged an ugly campaign to unseat him--he has been campaigning for the 2005 election--and often in a strident tone.

We understand his frustration and sense of betrayal. Still if he's elected he'll need to work with the council--and tone it down.

Risch is conscientious, knowledgeable about Sunnyvale issues. We recall from his time on the council that he was always well prepared for council meetings, was thoughtful and had the ability to make the hard decisions when necessary

We are uncomfortable with Risch's opponent Tony Spitaleri because of his strong backing from the PSOA as well as his reputation for strong-arm tactics when he was president of the Palo Alto firefighters union.

We hope both Dharab Ghaffary and Pete Richards will pursue their interest in serving the city that they showed during this campaign. With more experience, we believe both might serve well on the council.

Measures D and E on the Nov. 8 ballot will increase income to the city with little pain to the business community. We recommend a yes vote on both.

Measure D raises the business license tax in Sunnyvale.

This tax has not been raised since 1976. Even if the rate is raised by passing this measure, the BLT will continue to be competitive in the Bay Area. If approved, the base tax would be $30 for one employee or rental unit, $50 for two to five employees or rental units and $50 for each additional group of five employees or rental units.

Built-in adjustment for inflation would ensure that the city would not fall so far behind as it had when the counsel decided to put this measure on the ballot. Caps stop the tax being onerous for any business.

Measure E tweaks the transient occupancy tax--the tax added to the bills of those who stay in Sunnyvale hotels and motels--by adjusting upwards half a percentage point each year for two years. At that time, the tax will remain at 9.5 percent, matching the TOT in neighboring Santa Clara, but weighing in at less than many other Bay Area cities.

The 9.5 percent works out to one additional dollar on a $100 hotel room for one night. Taken alone that increase is small, but given the number of hotels and motels in Sunnyvale, it's an additional $600,000 on top of the $5.2 million the TOT is currently bringing in.

The strongest endorsement of these measures is that the business community--those who would be most affected by the increases--support both Measure D and E. To us, that's a ringing endorsement. Vote yes on Measures D and E.