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Sunnyvale City Council Meeting Agenda - 4/1/03

SUNNYVALE CITY COUNCIL
APRIL 1, 2003

The City Council of the City of Sunnyvale adjourned from a 6:00 p.m. Study Session regarding Revenue Sources for Major Transportation Capital Improvement Projects, and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:30 p.m., with Mayor Miller presiding.

SALUTE TO THE FLAG

Mayor Miller led the salute to the flag.

ROLL CALL

PRESENT:

Mayor Julia Miller
Vice Mayor Tim Risch
Councilmember Pat Vorreiter
Councilmember Jack Walker
Councilmember Fred Fowler
Councilmember John Howe

ABSENT: Councilmember Manuel Valerio (Personal Leave)

Staff Present:

Robert S. LaSala, City Manager
Valerie J. Armento, City Attorney
Amy Chan, Assistant City Manager
Chuck Schwabe, Deputy City Manager
Robert Paternoster, Director of Community Development
Robert Walker, Director of Parks & Recreation
Marvin Rose, Director of Public Works
Irwin Bakin, Director of Public Safety
Trudi Ryan, Planning Officer
Coryn Campbell, Neighborhood & Community Services Manager
Jack Witthaus, Traffic and Transportation Manager
Aretha Ferrell-Brown, Assistant to the City Manager
Pamela Messier, Public Safety Records Coordinator
Susan Kitchens, City Clerk

*Pending Council approval.

PUBLIC ANNOUNCEMENTS

Loren Wiser, City of Sunnyvale Public Works Department, invited the public to attend the Arbor Day Tree Planting Ceremony this Saturday at 10:45 a.m. at the Sunnyvale Public Library on Olive Avenue.

Suzi Blackman, President and CEO of the Sunnyvale Chamber of Commerce, announced the Board of Directors of the Sunnyvale Chamber of Commerce sponsored a flag raising ceremony and added a yellow ribbon to show support for the men and women with Sunnyvale connections who are currently serving in the armed forces. Ms. Blackman read the names of members currently serving. She solicited names from the public of other Sunnyvale residents currently serving so they may be added to a banner that is being prepared.

Olaf Hirsch, of the Friends of Sunnyvale, invited citizens to sign their three petitions by April 13th. For more information, visit their website at www.friendsofsunnyvale.org, or call 408-732-8839.

Laura Babcock, Sunnyvale Historical Society, invited the public to attend the Bianci Barn dedication ceremony to be held on Saturday, May 17th, 5:30 p.m., in front of the Barn at Heritage Park. There will be a barbecue and barn dance and tickets can be purchased for $10.00 at the door.

Councilmember Pat Vorreiter made the following announcements on behalf of the Council:

The City of Sunnyvale Transportation and Traffic Division and the Valley Transportation Authority will be holding a public workshop to discuss potential transportation improvements in the Mathilda Avenue and Route 237 area. This workshop will be held April 9 at 1:30 P.M. at the SMaRT Station, 301 Carl Road, in Sunnyvale. The workshop will present the findings of past transportation studies and provide opportunities to discuss potential new projects to improve traffic flow in the area. Input received will be evaluated as part of a joint City/VTA Mathilda Avenue/Route 237 Corridor Study, which will be prepared over the next several months. For further information, please contact City staff at (408) 730-7330.

The annual Tip-A-Cop Dinner will be held on April 24h at Chevy’s Restaurant at the corner of Mathilda and Washington from 4:00-9:00 p.m. Twenty percent of the proceeds from the cost of dinner will be contributed to the Special Olympics Program.

SCHEDULED PRESENTATION

South Bay Salt Pond Long-term Restoration Project

Clyde Morris of the San Francisco Bay National Wildlife Refuge, made a Powerpoint presentation regarding the South Bay Salt Pond Long-term Restoration Project. He stated they have acquired 15,100 acres in the South Bay and 1,400 along the Napa River. Mr. Morris reviewed the phase out and interim management, and long term restoration planning goals, technical/environmental issues, challenges/opportunities, budget and schedule. For more information, visit their website at www.southbayrestoration.org.

Mayor Miller requested Public Hearing item number 7 be continued to the April 8th Council meeting.

CONSENT CALENDAR

Mayor Miller requested that item 1.A. be pulled and considered separately. Vice Mayor Risch moved, and Councilmember Howe seconded, approval of the Consent Calendar with the exception of 1.A. The motion carried unanimously.

1.A.

MOTION

Approval of Draft Minutes (March 25, 2003)

Vice Mayor Risch moved, and Councilmember Howe seconded, approval of the Draft Minutes as amended. The motion carried with Mayor Miller abstaining.

Fiscal Items

1.B.

MOTION
RTC 03-108

List of Claims and Bills Approved for Payment by the City Manager (List No. 137)

Staff Recommendation: Review the attached list of bills.

Contracts

1.C.

MOTION
RTC 03-110

Award of Bid No. F0202-68 for Traffic Signals at the Lawrence Station/Elko Intersection

Staff Recommendation: Award a contract in the amount of $182,600 to Pacific Electric Company for the Lawrence Station/Elko Traffic Signal Installation Project; and approve a project contingency in the amount of $18,260.

1.D.

MOTION
RTC 03-111

Amendment of an Existing Contract for Construction Contract Compliance Inspection Services (No. F0201-63)

Staff Recommendation: Authorize a two-year extension of an existing contract with Consolidated Engineering Laboratories in an amount not to exceed $200,000 for construction contract compliance inspection services.

PUBLIC HEARINGS/GENERAL BUSINESS

2.

RTC 03-115

Proposed Criteria for Evaluating Recommended Reductions to City Services and Levels of Service

Robert LaSala, City Manager, presented the staff report. He described the proposed criteria that the City Council could use in considering recommended reductions to services and levels of service. He reviewed the grounding beliefs, guiding City policies and key questions that shape service delivery. City Manager LaSala noted this report will be distributed to the City Council on April 18th and considered by Council at a Special Meeting on May 2, 2003.

Vice Mayor Risch inquired about the indirect benefits of essential services and their ripple effect. City Manager LaSala responded the ripple effect was part of the criteria that was used in evaluating service level considerations.

Councilmember Vorreiter inquired if consideration was given to services that are provided by the private sector, if the service cuts had been recommended by the department directors, and has input from the public survey been considered. City Manager LaSala responded services provided by the private sector were considered as well as if this service was for the public good and too costly for an individual to provide for themselves. He further responded he tried to balance the Department Directors concerns with other departments and services in creating a balanced interest. He will provide feedback on the citizen satisfaction survey to Council.

Councilmember Fowler questioned what the Council’s role is with regard to the list of questions. City Manager LaSala responded that Council’s role is to set policy and provide direction and clarified staff’s job is to provide the expertise and experience in making recommendations.

Councilmember Fowler inquired if the criteria was considered by concrete versus speculative results. City Manager LaSala responded he did not consider the criteria in those terms but rather there is a proven body of knowledge that in undertaking certain activities, the probability of producing certain types of results will take place.

In response to Councilmember Fowler, City Manager LaSala stated he had not looked specifically at cuts in rapidly growing departments.

Councilmember Fowler inquired if consideration was give to programs that do not meet outcome measures versus those that exceed outcome measures. City Manager LaSala responded it was a factor but he put more emphasis on a balanced system that works. He stated that when a program does not meet outcome measures, he considers "why".

Mayor Miller expressed concern regarding performance measures and asked for an example of a situation where "why" would be considered. City Manger LaSala responded outcomes are targets and circumstances affect the outcome. He stated all organizations have an obligation to do their best to meet targets.

Councilmember Howe requested staff to identify projects that have been changed in the capital budget from when the recommendation was first made to when it is brought to Council for budget consideration. He also requested to apply this to service level cuts. Councilmember Howe further asked for an understanding of the reserve funds that will be used to buffer the service level cuts.

The Council entered into a discussion on whether to have a study session or a memo from the City Manager prior to May 2nd to discuss reserves. It was the consensus of the Council for staff to prepare a memo within ten days outlining the City’s reserve funds.

In response to Councilmember Walker, City Manager LaSala stated there would be an overview of outcome measures and the impact to service level cuts. He further responded they would have a process in place to monitor service level cut impacts.

City Manager LaSala clarified the memo will enumerate the various reserves in the funds, describe how they work together, what the reserves were intended to accomplish, how they are being used on the 20 year planning cycle, and how they are being used during this downturn to fund the proposed solutions.

Councilmember Fowler inquired why funds other than the General Fund were being reviewed. City Manager LaSala responded they are looking at the entire budget and positions cut from General Fund could potentially be transferred to other funds.

Mayor Miller inquired when the City started using General Fund reserves. City Manager LaSala responded Council approved the use of Reserve Funds to preserve the levels of service in current and previous fiscal years.

Mayor Miller opened the Public Hearing at 8:54 p.m.

Werner Gans, a member of the public, expressed support for the City Manager’s criteria. He noted the increasing costs of health care and retirement benefits.

Thom Mayer, a member of the public, expressed concern for safety issues on properties that have not had proper permit approval. He asked that policies be adopted to protect neighborhood preseration.

Mayor Miller closed the Public Hearing at 9:08 p.m.

Councilmember Vorreiter moved, and Vice Mayor Risch seconded, to adopt the criteria or set of principles in making recommended reductions to City services and levels of services, and use the criteria in reviewing the recommendation and in providing preliminary policy direction at the City Council meeting on May 2, 2003. Council will provide final policy direction on the FY 2003/2004 Annual Budget and 10-Year Resource Allocation Plan.

Councilmember Fowler offered a friendly amendment to consider the criteria for programs on speculative and concrete results, if the program is experiencing rapid expenditure growth, and to what extent the program meets outcomes. The amendment was not accepted.

The motion carried unanimously.

3.

RESOLUTION NO. 109-03
RTC 03-109

Support for the Creation of a 2-1-1 County-wide Information and Referral Service

Coryn Campbell, Neighborhood and Community Services Manager, presented the staff report. She reported the 2-1-1 project stems for a nationwide effort toward providing a single source information and referral service for community and public services. She stated that support for the resolution means the City supports the county-wide 211 in concept, and will offer advice and cooperation to the steering committee in devising a plan to implement 211 locally. She further noted there is no fiscal impact to the City.

Mayor Miller opened the Public Hearing at 9:20 p.m.

Mary Davey, Chair of the Steering Committee, thanked the City for their support and time and availed herself for questions.

Councilmember Walker inquired if they would have their funding sources by December 2003. Ms. Davey responded it would probably take longer and they are proposing a variety of sources to help fund the project.

Mayor Miller closed the Public Hearing at 9:25 p.m.

Councilmember Walker moved, and Councilmember Fowler seconded, to adopt the Resolution to Create a 211 Information and Referral Phone Number to Serve Santa Clara County Residents and Visitors. The motion carried unanimously.

RESOLUTION NO. 109-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE IN SUPPORT OF CREATING A 2-1-1 INFORMATION AND REFERRAL PHONE NUMBER TO SERVE SANTA CLARA COUNTY RESIDENTS AND VISITORS

4.

ORDINANCE NO. 2721-03
RTC 03-090

Introduction of an Ordinance Amending Chapter 9.6.2, 10.12, 10.44, 10.52, 10.56 and 13.16 to the Sunnyvale Municipal Code Pertaining to Bicycles and Pedestrians

Jack Witthaus, Traffic and Transportation Manager, presented the staff report. He stated the Bicycle and Pedestrian Municipal Code Review is a 2002 Council Study issue requested by the Bicycle and Pedestrian Committee (BPAC) for the purpose of updating obsolete or dated regulations regarding bicycles and pedestrians, and clarifying any regulations that could be misinterpreted. Mr. Whitthaus reviewed the methodology used. He stated changes are recommended to Title 9 Public Peace, Safety or Welfare, Title 10 Vehicles and Traffic, and Title 13 Streets and Sidewalks. He further stated that the BPAC supports the changes recommended by staff along with a number of additional changes which are not supported by staff.

Councilmember Vorreiter inquired if staff, when it considered allowing youth under the age of 13 and seniors to ride on the sidewalk, considered allowing parents to ride with children. Mr. Whitthaus responded that would be difficult to enforce.

Mayor Miller opened the Public Hearing at 9:36 p.m.

Arthur Schwartz, a member of the public, expressed concern regarding allowing bicycles on the sidewalk with certain operating rules. He felt there should be signage for "walk your bike" and would like the ordinance revised as was done in the State of Oregon.

Kevin Jackson, a member of the public, expressed concerns with restrictions on the use of freeway or expressway, and bicycles riding on sidewalks. He would like section 10.12.080 deleted or reviewed as there are no freeways under Sunnyvale jurisdiction. He further stated he favors the Oregon rules in regard to riding on sidewalks.

Akos Szoboszlay, Vice President of Modern Transit Society, expressed concern with deletion of two clauses under section 10.44.010 after posting. He further expressed concern with freeway jurisdiction.

Thom Mayer, a member of the public, expressed concern with debris bins in bicycle lanes and regulations regarding riding on sidewalks.

Jerry Narthan, Specialty Solid Waste and Recycle, stated they have been proactive in putting reflective tape on their debris containers and have restricted the bins to a 30 day limit.

Cindy Cotton, representing the BPAC, expressed concern on enforcement of licensing bicycles and asked why it is mandatory. Mr. Whitthaus responded licensing is for public safety education and recovery of stolen bicycles.

Mayor Miller closed the Public Hearing at 10:13 p.m.

Councilmember Vorreiter moved, and Vice Mayor Risch seconded, to adopt the staff recommended revisions A1-A28 of Title 9, Title 10, and Title 13 of the Sunnyvale Municipal Code, as reflected in the accompanying ordinance, with the exception of 10.56 to add verbiage that bicycles of all ages shall be permitted to ride on the sidewalk when there is an unsafe road condition.

Vice Mayor Risch offered a friendly amendment that the Bicycle and Pedestrian Advisory Committee (BPAC) work with Public Safety on the Bike Licensing Program. The amendment was accepted.

The motion carried unanimously.

Vice Mayor Risch moved, and Mayor Miller seconded, to endorse concept of supporting a State law similar to the Oregon State law, and work with our legislators to get it passed. The motion carried unanimously.

Vice Mayor Risch requested a study issue to address debris boxes and containers in bicycle lanes. Councilmember Walker will co-sponsor the study issue

ORDINANCE NO. 2721-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING CHAPTERS 9.62, 10.12, 10.44, 10.52, 10.56 AND 13.16 OF THE SUNNYVALE MUNICIPAL CODE PERTAINNG TO BICYCLES AND PEDESTRIANS

At this juncture, Mayor Miller recessed the meeting at 10:25 p.m., and reconvened at 10:31 p.m.

5.

ORDINANCE NO. 2722-03
RTC 03-112

Introduction of an Ordinance to Award a Taxicab Franchise to West Valley Cab Company

Erwin Bakin, Public Safety Director, presented the staff report. He stated a taxicab franchise application and required fees has been received from West Valley Cab Company. Staff has conducted an investigation into the applicant’s background and, after careful review, staff has determined the applicant meets the mandatory code requirements as established.

Mayor Miller suggested Public Hearing items 4 and 5 be combined.

Mayor Miller expressed concern that Apple Taxicab franchise had expired on March 7th. Pamela Messier, Public Safety Records Coordinator, responded that they were notified of the franchise expiration but Apple Taxicab was unable to complete the paperwork on time.

Mayor Miller opened the Public Hearing at 10:37 p.m., and there being no public comments, closed the Public Hearing.

Vice Mayor Risch moved, and Councilmember Howe seconded, to introduce an ordinance awarding a non-exclusive franchise for taxicab service to West Valley Cab Company and Apple Cab Company for the period of May 8, 2003 through May 7, 2005 per applicant request, and authorize the City Manager to execute necessary documents of agreement. The motion carried unanimously.

ORDINANCE NO. 2722-03 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AWARDING NONEXCLUSIVE FRANCHISE TO BARBIR SINGH DOING BUSINESS AS WEST VALLEY CAB COMPANY

6.

ORDINANCE NO. 2723-03
RTC 03-113

Introduction of an Ordinance to Award a Taxicab Franchise to Apple Cab Company

Combined with Public Hearing item 5.

ORDINANCE NO. 2723-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AWARDING NONEXCLUSIVE FRANCHISE TO MANJIT SINGH DOING BUSINESS AS APPLE CAB

7.

ORDINANCE
No. 2720-03

Amending the Precise Zoning Plan, Zoning Districts Map, to Rezone Certain Property Located at 397 South Mary Avenue From R-0 (Low-Density Residential) District to R-2/PD (Low-Medium Density Residential/Planned Development) District

Deferred to April 8, 2003.

8.

RTC 03-097

Explore Establishment of an International Exchange Program (IEP) Similar to a Sister Cities Program

Aretha Ferrell-Brown, Assistant to the City Manager, presented the staff report. She stated that Council ranked, as their number one priority, the development of a staff study on "Sister Cities". She reviewed defining international exchange programs, the Sister Cities International Program, international exchange programs in other cities, and developing an International Exchange Program in Sunnyvale. Ms. Brown stated that if the City enters into a partnership with an international city, the costs could be extensive. Given the current budget challenges, the informal friendship program may be the best approach at this time.

Mayor Miller opened the Public Hearing at 10:43 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Fowler moved, and Councilmember Vorreiter seconded, to approve Option A. "Informal Friendship Program". The motion carried unanimously.

9.

RTC 03-114

Appeal of an Administrative Hearing Item Decision on March 21, 2003

No action was taken.

10.

RTC 03-107

Pre-appeal of Planning Commission Hearing of April 14, 2003 and Administrative Hearing of April 16, 2003

No action was taken.

CITIZENS TO BE HEARD

There were no comments.

NON-AGENDA ITEMS AND COMMENTS

COUNCIL

Councilmember Walker requested staff to consider ways to look for ways for Sunnyvale to show support for U.S. troops.

Councilmember Howe noted the passing of George Bull and offered condolences to his family.

Councilmember Howe requested the City Manager agendize a City Council Orientation Program. Councilmember Walker requested staff provide some background information to Council.

Councilmember Fowler requested program-specific budget information be posted on the City’s website.

STAFF

There were no comments.

ADJOURNMENT

At 11:09 p.m., Mayor Miller moved, and Councilmember Howe seconded, adjournment in recognition of the life and contributions of Personnel Board Chair Dennis Williams.

 

Respectfully submitted,
Susan Kitchens, City Clerk

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