Mayor Frederik M. Fowler
Vice Mayor Julia Miller
Councilmember Manuel Valerio
Councilmember Pat Vorreiter
Councilmember Jack Walker
Councilmember Tim Risch
Councilmember John Howe

List of Claims and Bills Approved for Payment by the City Manager (Nos. 104 and 105)

Staff Recommendation: Approve the list of bills.

Amendment to the City of Sunnyvale 457 Deferred Compensation Plan Due to the Effect of the Economic Growth and Tax Relief Reconciliation Act of 2002 (EGTRRA) and other Applicable Legislation

Staff Recommendation: Adopt the recommended amendment to implement the proposed changes to the City's Deferred Compensation Plan.

RESOLUTION NO.166-02: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE DEFERRED COMPENSATION PLAN OF THE CITY OF SUNNYVALE

Amendment to the Classification Plan and Salary Resolution: Part-Time Business Liaison

Staff Recommendation: Approve inclusion of the new classification into the City’s Classification Plan and Salary Resolution.

RESOLUTION NO.167-02 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING THE CLASSIFICATION PLAN OF THE CIVIL SERVICE BY CREATING THE JOB CLASSIFICATION TITLE OF PART-TIME BUSINESS LIAISON AND BY ADDING THE CLASSIFICATION SPECIFICATIONS THEREFORE

RESOLUTION NO.168-02: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING RESOLUTION NO. 145-02, THE CITY'S SALARY RESOLUTION, BY ADDING A PAY SCHEDULE FOR THE NEW CLASSIFICATION TITLE OF PART-TIME BUSINESS LIAISON

Conversion of a Standard Van into a Crime Investigation Surveillance Vehicle (No. F0204-63)

Byron Pipkin, Department of Public Safety Captain, presented the staff report. He noted that the surveillance van is due for replacement. The request is for the physical modifications, which include several upgrades and the installation of an array of electronic, audio and audio/visual equipment. The van will be used for a variety of covert investigations. It is a valuable surveillance tool to the department.

Mayor Fowler opened the public hearing at 7:40 p.m.

Thom Mayer, a member of the public, stated that the expenditure seems high and perhaps the money could be used more effectively for traffic enforcement.

Vice Mayor Miller clarified that the conversion is for an existing van that has already been purchased. The conversion will include new electronic equipment and additional upgraded features.

Mayor Fowler closed the Public Hearing at 7:45 p.m.

Motion by Vice Mayor Miller, and seconded by Councilmember Risch, to award a contract in the amount of $59,932 (plus sales tax) to SpectraTek of Mountain View for the Public Safety van conversion; and approve a conversion contingency in an amount not to exceed $3,000. The motion carried unanimously.

Award of Bid No. F0205-66 for the Replacement of Water Mains on Uranium and San Ramon Avenues

Staff Recommendation: Award a contract to Stoloski and Gonzalez, Inc., for the Uranium Avenue and San Ramon Avenue Water Main Replacement Project; and approve a contingency in the amount of $70,694.

Award of Bid No. F0206-74 for the Reconstruction of Curbs, Gutters, Sidewalks and Driveways

Staff Recommendation: Award a contract to L&B Engineering, Inc., for the reconstruction of curbs, gutters, sidewalks and driveways.

Authorization to Increase Expenditures under an Existing Contract and Award Bid No. F0206-86 for New Contracts for Asphaltic Materials

Staff Recommendation: Approve increased expenditures in an amount not to exceed $160,000 under an existing contract with Reed and Graham; and award one-year contracts to Granite Rock Company, Raisch Products and Reed and Graham for asphaltic materials and authorize the Purchasing Officer to issue Purchase Orders to that effect.

Award of Contract for Engineering Design Services for the Replacement of the Sanitary Trunk Sewer on Borregas Avenue

(No. F0207-09)

Staff Recommendation: Award a contract for engineering design services in an amount not to exceed $194,924 to Lee and Ro, Inc.

Study Issue Review - Need for Increased Downtown Smoking Regulations/Clean-up

Marvin Rose, Director of Public Works presented the staff report. He reported that the increased level of maintenance has been very effective. The staff met with the Chamber of Commerce and the Downtown Business Association and the sentiment is that the improved clean-up of the area has adequately addressed the problem. They do recommend that additional regulations be introduced.

Councilmember Risch described his efforts to monitor the effectiveness of the maintenance. He displayed several pictures that showed several problem areas where improvement is needed. Many of the areas are located behind buildings, planters, gutters and business entrances. He suggested that there be designated smoking areas with signage and used as an example the restriction of smoking within 100 feet of the entrance to a building. He also noted that businesses should provide ashtrays for their customers.

Director Rose stated that staff has benchmarked other agencies that have imposed restrictions and several lawsuits have been filed as a result.

Councilmember Risch noted that there are litter laws in place that could be enforced.

In response to Vice Mayor Miller's question, Director Rose stated that the sidewalks, planters and entry ways are policed on a daily basis and the streets are mechanically swept on a weekly basis.

Councilmember Howe clarified the increased funding for maintenance was allocated from the General Fund and is focused predominately on the Murphy Street frontage.

Mayor Fowler expressed concern that some of the debris does not get cleaned up on a regular basis.

Councilmember Risch would like for the City and businesses to partner in a cooperative effort to understand the problem and work towards a solution.

City Manager LaSala suggested that staff from the Community Development Department and Public Works meet with the Downtown Association and business owners in an attempt to solicit their cooperation. The responsibility needs to extend beyond the City to the patrons and property owners.

Vice Mayor Miller asserted that education and signage for the patrons could effect changes.

Mayor Fowler opened the Public Hearing at 8:10 p.m.

Thom Mayer, a member of the public, would like this level of service extended Citywide and not restricted to one block in the downtown section.

Fred Wiesinger, a member of the public, opined that if you provide a nice environment downtown that people will be more willing to contribute to maintaining that environment.

Mayor Fowler closed the Public Hearing at 8:15 p.m.

Motion by Councilmember Risch, and seconded by Vice Mayor Miller to continue the increased maintenance efforts with no additional smoking regulations at this time, and to come back with options, that involve working with the downtown merchants, to identify solutions that will contribute to the goal of reducing smoking clean-up.

Councilmember Howe noted that he has observed that some of the merchants do not supply adequate receptacles for their smoking patrons.

Councilmember Vorreiter stated that she does not want to place any additional burdens on the business owners.

Councilmember Risch suggested that staff identify the best mechanism for outreach efforts in the downtown area.

Recommendation to Sunnyvale City Council to approve Confirmation of New Members to the NOVA Workforce Board

Staff Recommendation: Confirm Dr. Martha Kanter
and Mr. Chuck Steligo for four-year terms on the NOVA Workforce Board.

RTC 02-322

Jack Witthaus, Transportation and Traffic Manager, presented a detailed staff report. He reviewed the background of the capital project for the rehabilitation of the Mathilda Avenue overpass structure at Evelyn Avenue. According to the latest Caltrans bridge inspection report done in April 2000, the bridge was evaluated and was found to be "functionally obsolete". He reported that the scope of work for the rehabilitation of this bridge centers on the following: structure widening to improve the inadequate deck width, widen shoulder widths and create bicycle space, eliminating a gore point and improve deceleration for the off ramp, providing proper column clearance from Evelyn Avenue, upgrading barrier rails, and upgrading pedestrian accommodations. He then reviewed the project funding with eligibility for federal funds. The staff has conducted two meetings with the residents to gather their input and identify issues. Additional opportunities will be afforded to the public at future Public Hearings.

Vice Mayor Miller would like to receive a copy of any Public Hearing notifications that staff sends out and requested that more extensive notification to residents be done as this project moves forward. She inquired how tonight's Public Hearing was originally schedule for July 23 but was moved due to a full agenda on July 23. The Public Hearing was posted in the usual places, which include the City's bulletin boards, posting the agenda on the website, KSUN, and publication of the agenda in the San Jose Mercury News.

Councilmember Howe inquired whether the bridge would have to be rebuilt if light rail comes to downtown Sunnyvale.

Director Rose responded that the design requirements are unknown at this time, but it may require significant reconstruction to accommodate light rail.

Councilmember Howe directed questions regarding the liability issues to the City Attorney who responded that the bridge is currently not up to standard and therefore there is an on-going liability. To her knowledge, there have not been any lawsuits filed against the City relating to the bridge.

Councilmember Risch inquired about the cost estimates for undergrounding the crossing. He expressed concern for pedestrians being in close proximity to traffic.

Mr. Witthaus does not have cost estimates for undergrounding but noted that the intention is to put a barrier between the pedestrians and traffic. It is feasible to accommodate such a structure.

In response to Councilmember Walker, Mr. Witthaus stated that about 30 residents had attended the neighborhood meetings. The most recent meeting included discussions on the general scoping of the bridge, impacts on the neighborhood, design alternatives and traffic flow. The goal is to relieve congestion in the downtown area.

Vice Mayor Miller inquired about the time schedule for the project.

Mr. Witthaus outlined the project schedule stating the contract for design and environmental services would come back to Council in November 2002, the design would be presented for approval in late 2003, followed by the submittal of the funding request to Caltrans. This review and approval takes approximately six months. He anticipates going to bid in mid 2004 with a completion date late in 2005.

Vice Mayor Miller suggested having an additional Public Hearing with more extensive notification to attract more residents and gather additional comments.

Mayor Fowler clarified the current status of the project and that money has been earmarked in the budget. He further noted that additional Public Hearings would be held in November, when the design contract is considered, during the environmental process, and design approval.

Mayor Fowler opened the Public Hearing at 8:56 p.m.

Kevin Jackson, a member of the public, addressed comments to the Council stressing that, as the design moves forward, the needs of the users should continue to be met. He does not think that an under-crossing should be considered as substitute for a crossing over the bridge.

Fred Wiesinger, a member of public, expressed concern about the public notification process. He advocates more extensive notification because the project impacts residents in a broad area.

Thom Mayer, a member of the Sunnyvale Bicycle and Pedestrian Committee, urged the Council to make sure that all of the Safety Standards and ADA requirements are met on Mathilda Avenue.

Mayor Fowler closed the Public Hearing at 9:07 p.m.

Vice Mayor Miller would like a special notice to go out to the public, an advertisement placed in The Sun, and a notice be posted on KSUN for another Public Hearing to gather input on this item.

Councilmember Risch asserted that many more Public Hearings will be held on this project over the course of the next few months and suggested that more extensive outreach be done prior to the future Public Hearings.

Councilmember Valerio asserted that the residents had participated in neighborhood meetings where they had provided input, which was considered by staff.

Councilmember Howe stated that additional public outreach is needed prior to approving the design and there will be future Public Hearings to obtain public comments.

Vice Mayor Miller stated that she will hold a neighborhood meeting and directed staff to organize this meeting. Councilmember Risch would like to be involved in this meeting and any additional community meetings.

Motion by Councilmember Howe, and seconded by Councilmember Valerio, to do extended public outreach for the Public Hearings on the Environmental Impact Report and design approval, in addition to any existing noticing requirements, to include notification to both sides of the Mathilda Avenue bridge in a 500-foot radius, place a quarter page advertisement in The Sun, and post a notice on KSUN. These measures are to be launched two weeks before the meeting is conducted. Additionally, staff is directed to draw a map of the notification area and present a list of the neighborhood associations to be notified and bring this back as an Information Item within the next two months. The motion carried unanimously.

RTC 02-321

Santa Clara Valley Transportation Authority (VTA) Tier 1 Bicycle Project Biennial Review

Jack Witthaus, Transportation and Traffic Manager, presented the staff report. The item is a recommendation for projects that the City may realize funding from the Valley Transportation Authority (VTA) Bicycle Expenditure Program. This is a ten-year program to fund significant regional projects. Sunnyvale currently has two projects in the program. The first project is the Borregas Avenue Bicycle and Pedestrian Over-crossings at US 101 and SR 237 and second is the Bernardo Avenue Caltrain Under-crossing. A Feasibility Study, Project Study Report (PSR), and preliminary public outreach has been completed for the Borregas Avenue Bicycle and Pedestrian Over-crossings at US 101 and SR 237. Staff has not yet initiated the Bernardo Avenue Caltrain Under-crossing Project and has no updated cost, scope, or schedule information to submit. However, staff and the BPAC believe that the Bernardo Under-crossing project is an important, regionally significant, gap closure project for the Santa Clara County bicycle network.

Councilmember Risch expressed concern that the VTA may move the Bernardo Avenue project to Tier 2 status and therefore staff needs to stress to the VTA that we are pursuing the Bernardo Avenue project, it is a priority and the City can meet the deadlines.

Councilmember Vorreiter advocated aggressively pursing the VTA to keep the project on the Tier 1 list.

Director Rose stated that there are no matching funds currently budgeted for the Bernardo Avenue project. He further stated that he will make the case with the VTA that the City is committed to the project and can meet the schedule if it is left on the Tier 1 list.

Mayor Fowler opened the Public Hearing at 9:47 p.m.

Ginger Wolnik, a member of the public, stated that getting legal access across Bernardo has been a goal for many residents for 20 years. It is an important crossing for bicycle commuters.

Kevin Jackson, a member of the public, supports the staff recommendation to keep both of the projects on the Tier 1 list. The Bernardo crossing is an especially critical link for bicyclists. He urged Council to send a strong message to VTA to support both projects.

An Ng, a member of the Cupertino BPAC, and member of the Silicon Valley Bicycle Coalition, spoke in support of the Bernardo Avenue Under-crossing. She thanked the Council for the $110,000 contribution for the Mary Avenue Footbridge.

David Simons, Chair of the VTA Bicycle Committee, stated that there is great regional support for Sunnyvale projects. He thanked the Council for their support toward the Mary Avenue Footbridge.

Thom Mayer, spoke in support of the staff's recommendation.

Fred Wiesinger, a member of the public, echoed support for the staff's recommendation.

Councilmember Walker moved and Councilmember Vorreiter seconded, that staff submit a project update for the VTA Bicycle Expenditure Program Tier 1 Borregas Avenue Bicycle and Pedestrian Over-crossings project to reflect its updated cost, scope, and schedule. Additionally, recommend that staff submit a request that the VTA Bicycle Expenditure Program Tier 1 Bernardo Avenue Caltrain Under-crossing project be maintained at its current funding level and status. The motion carried unanimously.

RTC 02-312

Amy Chan, Assistant City Manager, presented a brief report that identified several suggestions for an event. Staff suggests that the Council review the alternatives and then give directions on how they wish to proceed.

Mayor Fowler opened the Public Hearing at 10:02 p.m.

Margaret Lawson, a member of the public, stressed the importance for the City to hold a commemorative event. The events of September 11, 2001, permanently affected our lives. She offered to serve on a planning committee and suggested that Ken White, who is the previous band director at Sunnyvale High, be included.

Thom Mayer, a member of the public, suggested that a community volunteer event be held rather than a professionally staged event.

Mayor Fowler closed the Public Hearing at 10:08 p.m.

Motion by Councilmember Vorreiter, seconded by Councilmember Walker that staff establish a Task Force, that would explore the opportunities to hold a program on Wednesday evening, September 11, and that task force be made up of no more than three Council members, citizens and community members who are interested and willing to serve on the Organization Task Force.

Councilmember Howe offered a friendly amendment to include a representative from Public Safety on the committee. The amendment was accepted.

Mayor Fowler offered a friendly amendment that the budget for the event not exceed $5,000 and the funds be allocated from fiscal uncertainties. The amendment was accepted.

Councilmember Risch offered a friendly amendment that if a consensus cannot be reached by the committee, the final decision will be made by a majority of the Councilmembers who are serving on the task force. The amendment was accepted.

The motion carried unanimously.

Councilmembers Vorreiter, Walker and Risch volunteered to serve on the Organization Task Force.