MINUTES
SUNNYVALE CITY COUNCIL 
MARCH 2, 2004

The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Closed Session regarding Personnel Matters: City Attorney, Pursuant to Government Code 54957, a 6:30 p.m. Study Session regarding Americans with Disabilities Act (ADA and Title 24 Accessibility Process and Requirements, and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, CA at 7:30 p.m. with Mayor Howe presiding.

Mayor Howe led the salute to the flag.

ROLL CALL

SPECIAL ORDER OF THE DAY

Mayor Howe presented a proclamation to Steve Sukke and Loren Wiser, City Arborists with the Tree Division of Public Works, in honor of Arbor Day.  He stated as part of this year’s Arbor Day celebration, the Public Works Tree Division will be planting a Copper Beech tree between the Library parking lot and West Olive Avenue on April 3 at 10:45 a.m.

PUBLIC ANNOUNCEMENTS

Mayor Howe announced that Councilmember Fowler, Planning Commissioner Larry Klein will attend the Cherry Orchard Neighborhood meeting on Thursday, March 18, in a series of City Council outreach meetings to provide an opportunity for the neighborhoods to communicate with City officials.

Mayor Howe stated that on March 3, 1987, Public Safety Office Manuel Lopez was killed in the line of duty.  In his memory, the flags at police headquarters and fire stations will be flown at half staff on March 3.

Vice Mayor Chu announced the Council met in Closed Session regarding Personnel Matters: City Attorney, Pursuant to Government Code 54957, and no direction was given nor any action taken.

CONSENT CALENDAR

Councilmember Hamilton requested item 1.F. be pulled from the Consent Calendar and considered separately.  Thom Mayer, a member of the public, requested item 1.K. be pulled from the Consent Calendar and considered separately.  Councilmember Fowler requested item 1.A. be pulled from the Consent Calendar and considered separately.

ADJOURNMENT

Mayor Howe directed the City Clerk distribute the amended minutes to the Council.

Fiscal Items

Mary Bradley, Director of Finance, and Elaine Wesely, Finance Manager, availed themselves for questions.

Councilmember Hamilton questioned why there was a 50% increase in charges for the last three months of the contract.  Director Bradley responded half was for the first six months for $50,000, the second half is for three months for $25,000.  The contract was structured this way because of an anticipated reduction in uniforms that did not take place. 

Councilmember Fowler questioned why the new report did not include the additional information requested at the last Council meeting.  Ms. Wesely responded the cost for uniforms from April 2001 to March 2002 was $80,942.  At that time there were two separate contracts with two different contractors.  From April 2002 to March 2003, staff did a consolidated contract with a cost of $80,104.  The current contract is for $75,000 which is a reduction over the past two years.  She stated in the future this information will be included in the staff report.

In response to Councilmember Miller, Director Bradley clarified this contract was for the rental and laundering of uniforms.

Mayor Howe opened the Public Hearing at 7:49 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Hamilton moved, and Councilmember Fowler seconded, to authorize additional expenditures of $25,000 under the existing contract with Aramark Uniform Services, Inc., through March 31, 2004; and 2. Extend the existing contract through March 31, 2005, and authorize expenditures in an amount, not to exceed, $75,000 for the one-year extension; and 3. Authorize the Purchasing Officer to issue a Change Order to the existing contract reflecting the actions in 1 and 2 above. The motion carried unanimously.

Contracts

Other Items

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

Thom Mayer, Chair of the Bicycle and Pedestrian Advisory Committee (BPAC), stated that the documentation that describes the role of the BPAC is different from what the BPAC does.  He requested that the documentation reflect what the BPAC does and this be considered by the BPAC in April or May.

In response to Mayor Howe, Marvin Rose, Director of Public Works, stated this is included on the work plan for July 15 and was approved by the BPAC.  He further stated this could be brought back to the BPAC to revise the work plan.

Mayor Howe closed the Public Hearing at 8:00 p.m.

Councilmember Fowler moved, and Councilmember Swegles seconded, to approve the Boards and Commissions Work Plan with the exception of the Bicycle and Pedestrian Advisory Commission (BPAC) and direct staff to move the meeting on the reconsideration of the BPAC functions/responsibilities to the meeting of April 15.  The motion carried unanimously.

Mayor Howe noted that item 1.G. was for the contract to appoint Amy Chan as Interim City Manager and congratulated Ms. Chan on her appointment.

CITIZENS TO BE HEARD

Thom Mayer, a member of the public, suggested having an Advisory Commission on all aspects of disabilities and that the commission be staffed out of the City Manager’s office.

PUBLIC HEARINGS/GENERAL BUSINESS

Jack Witthaus, Transportation and Traffic Manager, assisted by Marvin Rose, Director of Public Works, presented the staff report.  He reported the City has conducted a post-implementation study of the traffic calming devices for the Canary Drive Neighborhood. The study concludes that, based on the volume and speed of the vehicles, the Stage II traffic calming measures installed on Canary Drive from Homestead Road to Inverness Avenue have adequately reduced the average speed to acceptable levels.

Mayor Howe opened the Public Hearing at 8:01 p.m.

Stu Ganz, a member of the public, stated he disagrees with the findings.  He stated that one hump is not enough and another hump needs to be installed.

Mary Dapue, a member of the public, thanked the City for their assistance and stated there has been some positive effects, but between the two traffic calming measures, traffic speeds up.  She advocated for a second hump.

Scott Davidson, a member of the public, stated the traffic calming measures have been effective but still have a need for a second hump.

Mayor Howe closed the Public Hearing at 8:14 p.m.

Councilmember Hamilton moved, and Councilmember Miller seconded, to postpone accepting the study results at this time, direct staff to return to the neighborhood to get a consensus and ensure that their concerns are adequately addressed in the study, and return to the Council with the results of this additional outreach for consideration before a study is conducted or costs incurred.  The motion carried with Councilmember Swegles dissenting.

Jack Witthaus, Transportation and Traffic Manager, assisted by Marvin Rose, Director of Public Works, presented the staff report.  He reported that staff conducted a traffic calming study for the Blair Avenue Neighborhood.  The study concludes that traffic calming measures are warranted on Blair Avenue between Bernardo and Mary Avenue, as well as Grape Avenue between Blaire and Heatherstone Avenue.  The Blaire Avenue Neighborhood Traffic Calming Study developed alternatives for possible traffic calming solutions.  Two public meetings were held in order to build consensus on a preferred alternative.  Staff is recommending the use of temporary measures for the traffic calming installations which was approved by the residents, for a trial period of one year. Staff will return to Council for a permanent solution if appropriate. 

Mayor Howe opened the Public Hearing at 8:27 p.m.

Gary Vercellno, a member of the public, stated safety is the biggest issue and supports the measures suggested by staff.

Glenn Ireland, a member of the public, expressed concerns about safety and stated they want to set a tone for the neighborhood.  He urged the Council to approve staff’s recommendation.

Dan Andker, a member of the public, expressed concerns regarding the island on Blair and Mary, and suggested a bulb-out instead.  He further expressed concern about parking issues caused by the island and expressed support for the calming measures.

Mike (name illegible), a member of the public, urged the Council to approve staff’s recommendations and to be proactive about installing permanent measures.  He expressed concern about the linking of Blair and Grape Avenue.

Craig Farley, a member of the public, expressed concerns that traffic will be diverted to Parkington Avenue as a result of the traffic calming measures.

Jim (name illegible), a member of the public, expressed concern regarding safety issues with traffic being diverted to Parkington Avenue.

(Name illegible), a member of the public, stated he did not see the necessity for traffic calming measures.

Jim Gavel, a member of the public, stated he has not seen a problem with traffic and did not see a reason to implement the traffic calming measures.

Carol (name illegible) stated she did not believe traffic would be diverted to Parkington Avenue and that most of the traffic was from the neighborhood.

Gary Myers, a member of the public, expressed concern about traffic safety on Blair Avenue.

Charlie Wilson, a member of the public, expressed concern about traffic safety and opined that the traffic calming study would only divert traffic to another street.  He urged the Council to reject the traffic calming study.

Mary Dapue, a member of the public, made comments regarding her experience with the traffic calming study and invited the Blair Avenue residents to look at their traffic calming measures in her neighborhood.

Mayor Howe closed the Public Hearing at 8:52 p.m.

Vice Mayor Chu moved, and Councilmember Swegles seconded, to approve the temporary installation of traffic calming measures in the Blair Avenue Neighborhood and direct staff to return to the Council one year after completion of a trial installation of temporary devices for consideration of the installation of permanent traffic calming measures.  Direct staff to work with the residents at the corner of Mary and Blair Avenue to consider what modifications would be necessary to accommodate street parking in that location.

Director Rose suggested that staff report back to Council on their success with working with residents at the corner of Mary and Blair Avenue in order to get consensus from the neighborhood on a solution.  If there is not a consensus, staff would return to the Council for further direction. 

Vice Mayor Chu accepted Director Rose’s recommendation and stated he is looking for something similar like a bulb-out or median that would achieve the same purpose to slow traffic at that interchange.

Vice Mayor Chu restated his motion to approve the temporary installation of traffic calming measures in the Blair Avenue Neighborhood and direct staff to return to the Council one year after completion of a trial installation of temporary devices for consideration of the installation of permanent traffic calming measures. Direct staff to work with the residents at the corner of Mary and Blair Avenue to consider what modifications would be necessary to accommodate street parking in that location, and return to Council with the outcome of the additional outreach and modifications to the plan, if any, for further direction and consideration.  The motion carried unanimously.

Byron Pipkin, Public Safety Captain, assisted by Randy Edwards, Public Safety Lieutenant, presented the staff report.  He reviewed the commercial and residential ordinances and proposed changes. He stated staff is recommending modifying the Sunnyvale Fire Code to require fire sprinklers in all commercial buildings greater than 5,000 square feet when the building is constructed or for existing buildings, when there is a “change in use” from a less hazardous occupancy to a higher hazard occupancy.  Staff is not recommending any changes to the existing residential sprinkler ordinance.

Mayor Howe opened the Public Hearing at 9:08 p.m. and, there being no public comments, closed the Public Hearing.

Vice Mayor Chu moved, and Councilmember Swegles seconded, to amend the Sunnyvale Municipal Code Section 16.52.250 and adopt the resolution of findings to require sprinklers in all commercial buildings greater than 5,000 square feet. This amendment would eliminate the need for the “fire flow” table – California Fire Code Appendix III-A, a table that bases fire flow on the type of construction of the building and square footage. Amend the Sunnyvale Municipal Code Section 16.52.250 and adopt the resolution of findings to require sprinklers in all commercial buildings greater than 5,000 square feet when there is a “change in use” from a less hazardous occupancy to a higher hazard occupancy.

At the request of the Mayor, the City Clerk read the title of the ordinance as follows:

ORDINANCE NO. 2747-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING SUNNYVALE MUNICIPAL CODE SECTION 16.52.250 REGARDNG FIRE SPRINKLER REQUIREMENTS

The motion carried unanimously.

RESOLUTION NO. 106-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE FINDING AND DETERMINING THE NEED FOR MODIFICATIONS TO THE 2001 CALIFORNIA FIRE CODE

Susan Ramos, City Clerk, presented the staff report.  She stated staff conducted a survey with cities in California and reviewed the current City practices for closed sessions and study issue sessions.  In addition, the Brown Act, City Chapter, Municipal Code, Legislative and Administrative policies books were research and a cost estimate for an audio recording device was obtained.  She stated if the City were to modify the current practice and begin to implement record keeping procedures for Study and Closed Sessions, it would exceed legal requirements and formalize the record keeping process.

Ms. Ramos responded to questions posed by the Council regarding potential fiscal impact and the survey of other city practices.

Mayor Howe opened the Public Hearing at 9:18 p.m.

Harriet Rowe, a member of the public, urged the Council not to have minutes taken for Closed Session as these minutes have the potential to be subpoenaed and could lead to liability problems.

Mayor Howe closed the Public Hearing at 9:21 p.m.

Councilmember Swegles moved, and Councilmember Lee seconded, to continue the current practice for Closed Sessions and Study Sessions with no changes.

Vice Mayor Chu offered a friendly amendment to direct staff to add to the Legislative Policy Manual a policy establishing record keeping procedures for Study Sessions by instructing the lead department staff who attends the Study Session to take minutes and forward the information to the City Clerk for inclusion in the next available regular meeting minutes.   The amendment was accepted.

The motion carried unanimously.

Mayor Howe stated this agenda item was at his request.  He proposed the committee be formed and make a recommendation to the Council for approval and implementation.  He requested City Attorney Armento clarify the policy on forming the ad hoc committee.

Mayor Howe opened the Public Hearing at 9:32 p.m. and, there being no public comments, closed the Public Hearing.

Mayor Howe appointed Vice Mayor Chu as the chair of the ad hoc committee.  Mayor Howe requested Chuck Schwabe, Deputy City Manager, select two names at random from Councilmembers Lee, Hamilton and Swegles.  Councilmember Hamilton and Councilmember Swegles names were drawn and appointed as members of the ad hoc committee.

NON-AGENDA ITEMS & COMMENTS

COUNCIL

Councilmember Miller requested that the Closed Session for April 29 be moved as it conflicts with the Peninsula Division meeting, and that the June 10 Board and Commission interview date be moved as it conflicts with Cities Association Annual Bocce Tournament.  Mayor Howe directed that staff poll the Council for their availability for moving the April 29 and June 10 meetings.

Councilmember Miller requested the Information/Action Items be updated for the next Council meeting.

Councilmember Miller stated she received a call from a citizen regarding on-street parking, and offered to sponsor a study issue regarding restricting the number of on-street parking for rental and ownership single family homes for inclusion in the December Study Issue Workshop.

Councilmember Swegles announced that he, Councilmember Hamilton and Vice Mayor Chu visited Lakewood School and read “Doctor Seuss”.

Mayor Howe requested that staff report on the status of the City’s three reserve funds (5% service level stabilization, 20% catastrophic issues, and the 20-year RAP reserve) year to date or last accounting period.  He further requested the status of the plaza, it’s completion date, and is it on schedule.

STAFF

There were no comments.

ADJOURNMENT

Mayor Howe declared the meeting adjourned at 9:50 p.m.

Respectfully submitted,

Susan Ramos, City Clerk