Previous Council Meeting

PRESENT:

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

STAFF PRESENT:

Robert S. LaSala, City Manager
Valerie J. Armento, City Attorney
Amy Chan, Assistant City Manager
Charles J. Schwabe, Deputy City Manager
Ernie Bakin, Director of Public Safety
Robert Paternoster, Community Development Director
Marvin Rose, Public Works Director
Mary Bradley, Finance Director
Marilyn Crane, Information Technology Manager
Christy Gunvalsen, Neighborhood Preservation Manager
Dave Faletta, Neighborhood Preservation Officer
Kirk Sanfilippo, Captain
Susan Kitchens, City Clerk

PUBLIC ANNOUNCEMENTS

Yolanda Risch, Recruitment Director for Leadership Sunnyvale, invited applications for the 2003 class. The course begins on September 13 and continues to May 2003. For more information contact the Executive Director, Jim Telfor, at 408-749-5691, at jjtelfor@yahoo.com, or at www.leadershipsunnyvale.org. You may submit your application via e-mail.

Councilmember Howe made the following announcements on behalf of the Council:

The City of Sunnyvale with the Sunnyvale Planning Commission will be conducting two public outreach meetings regarding the Downtown Design Plan. The purpose of these meetings is to provide information about the conceptual plan and obtain feedback from residents that will guide the City towards developing a high-quality downtown.

The first meeting will be held on Wednesday, September 18, 2002 at the Sunnyvale Community Center on Remington Drive at 7:00 p.m. The second meeting will be held the following Wednesday, September 25, 2002 at Fair Oaks Park on Fair Oaks Avenue at 7:00 p.m. For more information, please contact Diana O’Dell, Project Planner at 730-7452. These meetings are being held in addition to those meetings required by law and are to obtain citizen input on an important project.

Mayor Fowler announced that the Council had met in Closed Session regarding personnel matters for the positions of City Manager and City Attorney pursuant to Government Code Section 54957. He reported that no action had been taken and a course of action was determined and subsequent actions will be noted in the future.

The newest video, from the Bay Area Air Quality Management District's "Spare the Air Campaign", public service announcement was aired.

Parks and Recreation Commission Chair, Joseph Manfrey, petitioned the Council to adopt a resolution supporting the efforts of the Bay Area Sports Organizing Committee to bring the 2012 Olympic games to the Bay Area. The Olympic Games will take place in several cities and municipalities ranging as far north as Napa and Sacramento and South to Monterey, and locally include San Francisco, San Jose, Palo Alto and Santa Clara. Although Sunnyvale has not been chosen for any events, there are several locations in the area that could be used as practice facilities. He further noted that Moffett Field could be considered as a site for the Olympic Village.

Councilmember Vorreiter noted that the Council has already taken a position in support of these efforts.

Vice Mayor Miller stated that a letter of support had been sent by Councilmember Vorreiter during her term as Mayor. Vice Mayor Miller sent another letter of support as a member of the Council and as a member of the ABAG Executive Committee.

In response to Mr. Manfrey's request, Mayor Fowler directed staff to place a resolution of support on a future agenda.

1.A.

Approval of Draft Minutes (August 13, 2002)

1.B.

RTC 02-330

List of Claims and Bills Approved for Payment by the City Manager (Nos. 106 and 107)

Staff Recommendation: Approve the list of bills.

1.C.

RTC 02-326

Approval to Apply for Rapid Response Funding for FY 02-03 to Assist Businesses in the NOVA Workforce Area Experiencing Reductions in their Workforce

Staff Recommendation: Approve the application for Rapid Response funding in the amount of $757,731. It is further recommended that if the grant is funded, the City Manager be authorized to accept the funds and execute the necessary agreement with the State.

1.D.

RTC 02-327

Authorization to Apply to the State to Continue STAR Funding (STAR XII) for Department of Employment Development in an Amount not to Exceed $8,000,000

Staff Recommendation: Approve the application for STAR XII funding for 2002-03 in an amount not exceed $8,000,000. It is further recommended that if the grant is funded, the City Manager be authorized to accept the funds and execute the necessary agreement with the State.

1.E.

RTC 02-331

Approval of Final Map - Redwood Meadow, Tract No. 9406

Staff Recommendation: Approve the Final Map.

1.F.

RTC 02-332

Annual Membership Dues for Intergovernmental Associations

Staff Recommendation: Pay the 2002 – 2003 membership dues for the following: LCC Peninsula Division in the amount of $72; SCCCA dues in the amount of $6,000.

2.

RTC 02-336

Parking Restrictions of RVs, Trailers and Boats in the City

Robert Paternoster, Director of Community Development, presented a brief staff report. He stated that this Public Hearing had been scheduled to determine if there is sufficient interest in this issue to make it a Study Issue for the coming year.

Councilmember Howe clarified that state law allows for regulations to be imposed on an intersection that has a private street coming into a public street.

Councilmember Risch clarified that an RV owner may park on the street in the vicinity of the person he is visiting and run electric and water lines as long as they do not obstruct the street or sidewalk.

Vice Mayor Miller stated that the decision to go forward with a Study Issue would be based on the audience's comments. She asked the speakers to clearly and concisely state if they are in support of keeping the existing ordinances and regulations or if they would like to see the ordinances enhanced.

Vice Mayor Miller opened the Public Hearing at 7:51 p.m.

Wanda McGarrett, a member of the public, expressed concern with the government interfering in their personal lives and supports keeping the regulations that are currently in place.

Matt Moniz, a member of the public, stated that a Study Issue is not needed.

Rod Orquetz, a member of the public, supports keeping the current regulations. He noted that electrical cords that are run across sidewalks are dangerous.

Dan Hackett, a member of the public, stated that the current ordinances are effective. He also thinks that cords that are run across sidewalks are dangerous.

Kevin Jackson, speaking on behalf of the Bicycle and Pedestrian Advisory Committee (BPAC), stated they took no position on vehicles parked on private property. He stated that the main concern for pedestrians and persons in wheelchairs is the parked vehicles that block a sidewalk. The BPAC's position is that vehicles parked on the street are hazardous for bicyclists. They obstruct their view and often doors are frequently opened into the path of bicyclists, causing injury and even death. He advocated a comprehensive review of the parking policies with the goal of providing the safest possible environment on roadways and sidewalks.

Frank Thiemann, a member of the public, would like to be able to keep his recreational vehicle at his residence. He agrees that the sidewalk should be left unobstructed. He likes the current regulations.

Betty Rockhuld, a member of the public, expressed support for the current laws and ordinances. She noted that there is not sufficient storage in the area.

Barbara Vitkints, a member of the public, stated that a recreational vehicle is a big financial investment. She expressed frustration with a neighbor who has harassed them for keeping an RV at their residence. She supports keeping the existing regulations.

Walter Likens, a member of the public, stated that he uses his recreational vehicle as a backup emergency unit to support a physical disability in times of disasters or power outages. He supports the current ordinances.

Scott Troyer, a member of the public, supports keeping the current ordinances in place. He stated he is an employee of the City of San Jose Code Enforcement Division and recognizes that there is not adequate storage for recreational vehicles and boats in the area.

Dan Roth, a member of the public, supports keeping the current regulations.

Paul Hellwig, a member of the public, stated that he is a bicyclist and has never experienced any problems with obstructions on the roads. He would like the existing ordinances to remain in effect.

Werner Gans, a member of the public, supports a Study Issue to examine the parking restrictions.

Peter Blandsberg, a member of the public, does not support a Study Issue. He thinks the current laws should be left alone.

Michael Shannahan, a member of the public, stated that the current laws are fair and should be left alone. RVs could be a benefit during a natural disaster.

Dale Osland, a member of the public, expressed support for the current ordinances.

William Mulcay, a member of the public, stated that he has never received any complaints about his vehicle being parked in front of his home. He supports the current regulations.

Dean Rhodes, a member of the public, stated that Sunnyvale is a wonderful and unique community and should not conform to the surrounding cities. He would like the current regulations to remain in place.

Jerry Russo, a member of the public, urged Council to keep the current regulations.

Ralph Salzy, a member of the public, thinks that the current ordinances are effective and does not support a Study Issue.

Todd Eyring, a member of the public, does not think that recreational vehicles and boats should be allowed to be parked in public view. He supports a Study Issue to change the existing regulations.

Vice Mayor Miller asked for a show of hands from the audience to gauge their desires. The resulting show of hands showed overwhelming support for keeping the existing regulations in force.

Vice Mayor Miller closed the Public Hearing at 8:29 p.m.

At this juncture, Councilmember Vorreiter announced that an event is being planned to commemorate September 11 as a time for reflection. She invited the public to come to City Hall on September 11 from 7:00 p.m. to 8:00 p.m. for a time for the community to come together.

3.

RTC 02-335

Mobile Home Park Traffic Enforcement

Ernie Bakin, Director of Public Safety, presented the staff report. He stated that the streets in mobile home parks are private property and are not subject to the vehicle code. Their enforcement is limited to reckless driving and driving under the influence incidents. The City, by resolution or ordinance, may authorize traffic enforcement on mobile home park private roads pursuant to California Vehicle Code 21107.7 under certain conditions. This requires a petition by a majority vote of the owners to request that Council adopt an ordinance allowing enforcement. Data from April 2000 to April 2002 was studied and there was no record of any injury-related accidents. Traffic engineering conducted speed surveys at three parks with 15 mph speed limits. The surveys indicated the speeds varied from barely readable to 24 miles per hours. The cost estimates, if the City chooses to enact an ordinance, would be $45,000 for initial engineering and striping and $21,420 for annual ongoing maintenance. These costs are for each mobile home park, not a citywide total.

Councilmember Risch noted the conclusion was that there were no unsafe conditions discovered. He clarified that the speed trailers could continue to be used in the parks.

In response to Councilmember Vorreiter's inquiry, Dave Faletta, Neighborhood Preservation Officer, stated that he has conducted educational programs at various mobile home parks.

Mayor Fowler identified the capital costs that include street improvement, speed surveys, signage and striping with the majority of cost for street improvements. The costs have been identified but the financing is not part of the recommendation.

Addressing the patrol component, Director Bakin noted that the City currently has one lieutenant, one full-time officer and one shared position dedicated to motorcycle patrol.

Director Bakin responded to Councilmember Howe's query stating that private streets in condominium projects have the same status as streets in mobile home parks.

Vice Mayor Miller opened the Public Hearing at 8:49 p.m.

Howard Flood, a member of the public, opined that it would be in everyone's interest to establish and enforce an ordinance setting speed limits in mobile home parks. This is the only way to effect a change. He stated that he does not think that the owners would be willing to bear the costs associated with the ongoing maintenance.

John Neal, a member of the public, would like for the City to enforce the restrictions for parking in fire lanes. He maintained that the violations are increasing and supports the adoption of an ordinance. He stated that the park would not be willing to contribute to the associated costs.

Peggy Yost, a mobile home community administrator, stressed the need for traffic enforcement in the parks. She noted that many service trucks routinely speed through the park and run stop signs.

City Manager LaSala stated that he will direct the Solid Waste Manager to contact the refuse collection company to address the issues of traffic violations in the parks as the City has control of their performance.

Vice Mayor Miller requested that the Director of Public Safety send a letter to the courier companies alerting them to the complaints that had been received.

Mayor Fowler offered to send a similar letter to the service companies.

Councilmember Risch clarified that state laws prohibit traffic enforcement absent a local ordinance.

Tim McClure, a member of the public and President of the Casa de Amigas Homeowners Association, stated that commercial delivery companies continually violate the speed limits. He further asserted that the park is very large and there is a wide range in the age of drivers.

Bill Epperline, a member of the public, stated that currently there are speed bumps, stop signs and striping in his park. He stated the refuse trucks are very careless. He supports enforcement in mobile home parks. He feels that since he pays taxes, the owners should not pay additional costs.

Tom Venture, a member of public, stated that there have been two children injured in bicycle related accidents in his park.

Mayor Fowler requested that Director Bakin revisit the statistics regarding reported injury-related accidents.

Werner Gans, a member of the public, suggested installing more speed humps to slow traffic.

Joe Manfrey, a member of the public, noted that there are no sidewalks in his park and therefore the residents must walk on the street.

Shannon Willis, a member of the public, inquired if the City could require park owners to take safety measures such as installing stop signs and speed bumps. He petitioned the Council to help make the park a safer area.

Diana Reynolds, a member of the public, stated that she perceives that half of the park's residents violate the speed laws. She experiences a lot of difficulty getting out of her driveway.

Katherine Faulkner, a mobile home park manager, stated that she must choose between installing speed bumps that will slow traffic but will also hinder public safety vehicles access. The service trucks daily exceed the speed limit and run stop signs.

Ron Swegles, a mobile home park owner, alerted the Council to legislation, SB 1556, that will mandate a 15 mph speed limit in mobile home parks. The bill is awaiting the Governor's signature. He urged Council to delay any action tonight and to continue the item until after the bill takes effect on January 1, 2003. This would give the Council a basis upon which to make a decision.

Director Bakin would like to assess the bill to determine the fiscal responsibilities that will be borne by the State and the City.

Responding to Councimember Howe, Mr. Swegles stated that he is not aware of any deviation from the 15 mph speed limits in any parks.

Councilmember Walker inquired what the cost for a pilot project would be.

Director Bakin responded that it would be the same, $45,000, because without an ordinance they would not be able to enforce the cite traffic violators. They could certainly continue to offer the education outreach and place speed trailers.

Councilmember Walker suggested that Director Bakin come back with cost estimates for a pilot program after the pending legislation takes effect because the engineering cost may no longer be a factor.

Mr. Swegles stated that the parks would enjoy a greater sense of community with additional police presence. He stated that the residents would welcome traffic enforcement. He does not favor speed bumps. As a park owner, he is willing to work with the City to bear some of the cost of signage and striping.

Vice Mayor Miller closed the Public Hearing at 9:41 p.m.

Councilmember Risch stated that the intent of the bill is to avoid the traffic survey cost issue that serves as a disincentive to both local governments and parks to enter into agreements.

Mayor Fowler moved, and Councilmember Vorreiter seconded, to continue the item to the first meeting after January 1, 2003 so that we can evaluate the impact of SB 1556, and any other pending legislation and allow Public Safety time to come back with more information about a possible pilot program.

Councilmember Vorreiter offered a friendly amendment that in the interim that Public Safety continue with the public education outreach as requested by the mobile home park owners and managers. The amendment was accepted.

Councilmember Risch offered a friendly amendment to allow the mobile home park owners to request the speed trailers be placed in the parks as part of the rotation schedule and work with the owners and managers to identify passive measures to reduce speeding. The amendment was accepted.

Councilmember Howe requested that staff keep Council apprised of the status of the bill. The amendment was accepted.

The motion carried unanimously.

4.

RTC 02-333

Electronic Mail Program for City's Website

Marilyn Crane, Information Technology Manager, presented the staff report. The staff reviewed the electronic mail program as a feature to include in the City's website redesign program. This feature will enable interested people to request receipt of automatic e-mails about topics, events and activities of interest when new information is posted. Staff is working with GovPartner to redesign the website. The IT staff will ensure that the appropriate physical and electronic security safeguards are in place for the information collected. The project should be completed by May 2003. Staff will present the privacy and web use policies which will be presented to Council for review and approval prior to completion of the project.

Councilmember Risch asked if it would be a requirement to provide personal information or simply an e-mail address to create a profile.

Ms. Crane responded that they would evaluate what information would be necessary to set up a personal profile.

Vice Mayor Miller would like to implement the e-mail component before the total redesign is completed.

Ms. Crane stated that they could bring back the policies before the redesign is complete.

City Manager LaSala stated that the staff would evaluate the program and report back in thirty days what can be done to implement the e-mail component early.

Vice Mayor Miller opened the Public Hearing at 9:55 p.m.

Dean Rhodes, a member of the public, would like to be notified of changes to zoning and building requirements when the program begins.

Vice Mayor Miller closed the Public Hearing at 9:56 p.m.

Councilmember Risch moved, and Mayor Fowler seconded, to include an electronic mail notification program as part of the City’s website redesign project and directed staff to develop privacy and web use policies. The motion carried unanimously.

5.

RTC 02-329

Pre-Appeal of Planning Commission Hearing of August 26, 2002 and Administrative Hearing of August 28, 2002

No action was taken.

CITIZENS TO BE HEARD

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