January 13, 2004

January 13, 2004

SUBJECT: 2004 COUNCIL STUDY CALENDAR AND STUDY ISSUES PRIORITY LIST AND BUDGET MODIFICATION NO. 24

REPORT IN BRIEF

The City’s Planning and Management System (PAMS) calls for an annual Study Issues Calendar which schedules meeting dates and items on the Council's study issues priority list. It is recommended that the City Council review the attached documents and modify or approve the following:

·         The 2004 Study Calendar for the entire year (Attachment A). A mid-year update of the calendar will be presented in July 2004. The calendar shows specific study items, mandatory and routine items, as well as other noteworthy items and events and cancelled meetings.

·         The Study Issues Priorities List (Attachment B). Each department with issues has indicated the tentative date on which items will be presented to Council and where the cut-off line is (if one is being suggested).

BACKGROUND

The City’s Planning and Management System (PAMS) establishes a procedure whereby the City Council reviews various proposals for study and establishes an annual calendar which reflects the Council's priority issues.

On December 18, 2003, the City Council held its annual Study Issues Workshop to consider potential issues for study in 2004. Council assigned a priority, by department, to each of the new items discussed, and instructed staff to assess the ability to undertake the priority issues, taking into consideration the ongoing departmental workload. Staff has reviewed Council priorities and scheduled them on the proposed Study Issues Calendar (Attachment A). 

EXISTING POLICY

Utilize the Calendar as the City’s principal short range planning tool (Policy 7.3A.1).

DISCUSSION

Council Study Calendar

Attachment A is a proposed 2004 Council Study Calendar, which contains study issues, routine and mandatory items, City Council meetings, study sessions, state and national conferences, holidays, and special events or meetings. Dates when no meetings are scheduled have been noted.

A new addition to the Calendar this year is the inclusion of placeholders for Planning items and when possible, staff has not placed a study issue on meetings with these items.  Staff feels this will help plan and manage Council meetings.

Study Sessions

A total of eight study sessions have been proposed. They are:

1. 2004/2005 Budget Process and Fiscal Issues Workshop Process (1/13)
2. Sustainable Development and Green Building Policies and Guidelines (2/3)
3. Future Fiscal Issues Workshop (2/10)
4. Intergovernmental Relations Update (2/24)
5. ADA and Title 24 Accessibility Process and Requirements (3/2)
6. Intergovernmental Relations Update (5/11)
7. Intergovernmental Relations Update (8/24)
8. Intergovernmental Relations Update (11/9) 

Other study sessions may be needed after more is known about the complexity of certain issues. If there are issues not scheduled for study sessions that Council believes should be, or vice versa, Council should indicate this at this time.

Miscellaneous – Budget Adoption Date

At the Council workshop of December 18, 2003, Council Member Miller requested a change to the proposed Budget Adoption meeting of June 22, 2004 due to a scheduling conflict with the Bay Area Air Quality Management District’s planned conference. At that time the Council discussed some options provided by staff for an alternate date. Since Council did not provide an alternate date, staff recommends that Council review the various options available and provide direction as to what date Council would like to hold the budget adoption. Please note that Council Member Miller has advised staff that she will not be available on June 20 through June 24.

As you know, the City budget has to be approved annually by June 30. The Council budget workshop this year, similar to previous year, is in May, with this year on May 25. Staff anticipates providing the proposed budget to Council on May 11. Given the present fiscal conditions and complexity of the budget, staff feels that Council may need at least two weeks to review the budget before the scheduled workshop. The budget hearing is on June 8, which is two weeks after the workshop of May 25 and then followed by the adoption on June 22. Staff needs one week in between the hearing and the adoption to follow up on items Council may have on June 8.

Traditionally, the City has cancelled the Council meeting following a City-observed holiday. This year, Memorial Day falls on May 31 and City Hall will be closed on that day.  Therefore, the June 1 Council meeting is proposed to be cancelled.

For your convenience, listed below are the proposed aforementioned dates in chronological order. 

May 11 – Budget provided to Council

May 25 – Budget Workshop

May 31 – Holiday

June 1 – No Council Meeting (due to holiday)

June 8 - Budget Hearing

June 15 – Council reports due for the 6/22 meeting

June 20 through 24 – Blocked out dates for Council Member Miller

June 22 - Budget Adoption

June 29 – No Council Meeting (summer recess)

June 30 – Final date for Budget adoption

July 6 – No Council Meeting (summer recess)

As you can see, the above schedule proposed provides ample time for Council and staff to review and prepare the budget documents in between dates. In addition, it provides some open time for staff to meet statutory posting deadlines after the June 22 adoption date in case Council does not adopt the budget on that date and would like to schedule a subsequent meeting on June 29.  Conversely, if the date were moved back or forward, it would result in a tight schedule and would provide less flexibility.

Staff wants to provide Council with a schedule that meets its needs. However, statutory timelines and a complex and multi-faceted process do not provide much flexibility.

Nevertheless, staff has listed some options below for Council consideration:

1. Do not cancel the Council meeting on June 1, the day following Memorial Day; Schedule the budget hearing on June 1 and budget adoption on June 15;
2. Stay with the June 8 budget hearing and move adoption to June 29; Post notices for both meetings of June 29  and a Special Council meeting on June 30 to meet statutory requirements in case the budget is not adopted on June 29 and is brought back on June 30;
3. Hold a Special Council meeting for budget adoption on a day other than a Tuesday except for Council Member Miller’s block off dates of June 20 through June 24.

Study Issue Priorities for Each Department

Attachment B includes a list of all continuing and new study issues for each department. Mandatory items have not been included on the priority list; however, they are listed on the calendar and still require staff time and are taken into consideration when determining the amount of staff time available for new and continuing items.

The study issue priorities list shows the ranking and raw score given by Council to each new issue. Each department was asked to establish a cutoff point where new issues receiving a lower priority would not be addressed this year due to workload demands. Those falling "below the line" are considered as deferred issues and will automatically be brought back to Council for consideration at the 2004 study issues workshop in December. The dates when issues "above the line" are tentatively scheduled on the Study Calendar are also noted.

Every effort will be made to keep study issues on track to meet the calendar schedule. However, calendar dates are tentative. In order to assist Council Members in responding to inquiries or concerns from constituents, staff will continue to advise Council of any revisions to the calendar. The calendar is also maintained and updated weekly on the City's website.

Office of the City Attorney

Office of the City Attorney has no new or continuing issues.

Office of the City Manager

Office of the City Manager has no continuing issue and four new issues. They are as follows: Processes for Handling Council Questions to Staff, Feasibility of Consolidating Municipal Elections with State and Federal Elections in Even-Numbered Years, Closed Session Meetings and Study Issue Session Record-Keeping, and Feasibility of Developing a Program that would Facilitate Partnerships between Local Businesses and Sunnyvale Child Care Providers.

Community Development

This year Community Development has four continuing items and 17 new items.  They are listed in their ranking order as follows:

1. Board on Accessibility for the Physically Challenged
2. Clarify CEQA Requirements and Heritage Preservation Commission’s Role in relation to the Heritage Preservation Code
3. Allowable Construction Hours for Homeowners
4. Height Limit in R-3 Zoning District
5. Zoning Tools to encourage the Development of Ownership Housing
6. Transportation Demand Management (TDM) Program for Higher Density Residential Projects
7. Zoning Land for Service Uses
8. Visual Streetscape Standards for Murphy Avenue
9. Modification of the BMR In-Lieu Fee Requirements
10. Consider Expanded Noticing for Buildings over 45 Feet in Height
11. Assess Homeless Needs and Services
12. Provision of Adequate Guest Parking in Small Multi Family Residential Projects
13. Places of Assembly located within Industrial and Commercial Zones
14. Update of Tree Removal Ordinance
15. Solar Access to Residential Property
16. Implementation Plan for Downtown Public Improvements
17. Re-Establishment and Amortization on Non Conforming, Non Residential Uses  and Structures 

Staff is recommending to commence seven new items (ranked 1 – 7), however, the seventh item cannot be finished within the calendar year as work will start mid-year.

One study item would require a Budget modification of $75,000 to complete. This budget is for the #2 ranked item entitled Clarify CEQA Requirements and Heritage Preservation Commission’s Role in Relation to the Heritage Preservation Code.  There is a possibility that the anticipated environmental work (a focused EIR) may not be necessary. However, further study and research is required before this can be fully determined.  Due to the current fiscal environment, staff is recommending this study issue be deferred until July, after the FY 2004/2005 budget has been prepared and funding sources can be better identified.  If funding is available now, staff plans to bring this item back for Council consideration on December 21. This item is currently listed at the end of the Calendar under the “unscheduled” items.

Employment Development

Employment Development has no new or continuing issues.

Finance

Finance has one continuing issue, Fiscal Sub-element Update and one new issue, Policy on the Use of Consultants. Due to the current budget situation and impending State budgetary actions, staff will be spending a considerable amount of time in the first half of 2004 on the development of a strategic plan for the upcoming FY 2004/2005 budget and long term financial plan. As a result, staff does not believe the continuing item, Fiscal Sub-Element Update, can be completed by the end of 2004. Staff proposes beginning the work in the latter half of 2004, but deferring the completion of this item to 2005.

Human Resources

Human Resources has two new issues, Feasibility of Extending Benefits to Domestic Partners for all Regular City Employees and Policy of the Use of Temporary Employees. Staff is recommending drawing the line on the second-ranked item due to the lack of available staff hours necessary to do the required research because of payroll conversion project demands.

Information Technology

Information Technology has no new or continuing issues.

Library

The Library has one new item, Assess future Library Facility Needs and Work Plan Implementation. Staff is recommending this item be placed at the end of the Study Issue Calendar with a date yet to be determined.

Recognizing the limitations presented by the current fiscal situation, the Library staff is proposing a minor change to the phasing of the Library Study Issue. Rather than breaking the project in two phases, it is now recommended that this be a three-phase process. Phase One would address only the staff needs assessment portion of the project.  The plan is to utilize about 450 hours of casual manager time to conduct research and lead a staff process related to needs assessment.  The time of this manager will be paid from the operating budget, because vacancies still exist in Library Administration.  Additional costs during this phase are likely to include some consultant time.  Consultant time will be used to insure that all necessary aspects of data gathering are completed appropriately particularly as they relate to the possibility of obtaining funds.  Consulting costs will be approximately $10,000.  Public Library Funds, which are already appropriated in the Library Foundation Program Grant Project (#805150), can be utilized for these costs.

Parks and Recreation

Parks and Recreation has one continuing item. Two new issues include Exploration of Youth Rates for Recreation Programs and Activities, and Provision for Greater Enforcement of Art in Private Development Requirements.

Public Safety

Public Safety has no continuing issues and two new issues. The two new issues are Proactive Neighborhood Watch Program and Gun Amnesty Program. Staff is recommending that these two new items fall below the line due to the following factors: Current staff needed to address both issues has been reduced by approximately 33% compared to last fiscal year; continuation of CSI-Volunteers in Routine Law Enforcement Project into 2004 involves the same remaining staff that would handle the two proposed Council Study Issues; and extensive staff time is required to implement the planned reorganization of the department and the full restructure of the department budget.

Public Works

Public Works has three continuing issues including the Transportation Strategic Program that was completed in November 2003. Staff is recommending leaving this item under a continuing status in order to proceed with project planning. The four new issues are Sunnyvale Bicycle Map Revision, Pedestrian Safety/Opportunities Plan, Design Standards for Bike Lanes adjacent to On-Street Parking, and Update of the Corner Vision Triangle Municipal Code Provision.

The first three items require additional funding to complete.  The Sunnyvale Bicycle Map Revision would need $25,000 for consultant and map production costs.  Based on staff

research, these expenditures are not eligible for gas tax funds.  Therefore, due to the current fiscal environment, staff recommends deferring this issue until July, after the FY 2004/2005 budget has been prepared and funding sources can be better identified.  In addition, while the current bicycle map is out of date, several bicycle lanes will be constructed in the next year.  Deferring the revision would make the map more up to date. If funding is available now, staff plans to bring this item back to Council for consideration on November 9. This item is currently listed at the end of the Calendar under the “unscheduled” items. The Pedestrian Safety/Opportunities Plan would need $40,000 for consultant costs.  These expenditures are gas tax eligible and staff recommends gas tax monies for this study issue.  The Design Standards for Bike Lanes adjacent to On-Street Parking requires $20,000 for consultant costs. 

Staff is recommending drawing the line on the last two items due to budget constraints and workload.

FISCAL IMPACT

The study issues reflected on the attached calendar require budget modifications for four study issues.  At this time, due to budgetary constraints, staff recommends funding two of the study issues that do not require General Fund monies.  Assess Future Library Facility Needs and Work Plan Implementation would be funded from Project 805150 – Library Foundation Program Grant.   Gas Tax funds would be appropriated for Pedestrian Safety/Opportunities Plan.  For the two study issues requiring General Fund support, Clarify CEQA Requirements and Heritage Preservation Commission’s Role in Relation to the Heritage Preservation Code and Sunnyvale Bicycle Map Revision, staff recommends deferring until July when funding sources can be better identified. 

If Council decides to proceed with these study issues at this time, funding must be identified. Funding can come from the Non-Recurring Events Reserve of the General Fund or adjusting service levels in other activities.

The coming year proposed issues reflect staff’s first priority to focus on service delivery.  However, if changes are made to the priority list, a budget modification may be required for additional staffing.

Budget Modification No. 24 -  FY 2003/2004

PUBLIC CONTACT

Public contact was made through posting of the Council agenda on the City’s official notice bulletin board, posting of the agenda and report on the City’s web page, publication of the Council agenda in the San Jose Mercury News, and the availability of the report in the Library and the City Clerk’s Office.

ALTERNATIVES

1. Study Issues Calendar and Meeting Dates:

a.      Approve the calendar of study issues and meeting dates to be held as shown on Attachment A.

b.      Modify the schedule of study issues and meeting dates including the budget adoption date, and adopt modified calendar.

2.      Study Issues Priorities List:

a.      Approve the Council Study Priorities List as presented in Attachment B and Budget Modification No. 24.

b.  Modify Council Study Priorities List by adding or removing items.

RECOMMENDATION

Approve alternatives 1a and 2a: that Council approve the Calendar as shown on Attachment A and adopt the Study Priorities List as presented in Attachment B and Budget Modification No. 24. 

Prepared by:

Susan A. Ramos
City Clerk

Reviewed by:

Mary Bradley,
Director, Finance Department

Approved by:

Amy Chan
Acting City Manager

Attachments

Attachment B: Proposed 2003 Study Calendar

Attachment B: Study Issue Priority Lists for Each Department (pdf format)