PRESENT:

Mayor Ron Swegles

Vice Mayor Otto Lee

Councilmember John Howe

Councilmember Dean J. Chu

Councilmember Melinda Hamilton

Councilmember Anthony Spitaleri

Councilmember Christopher Moylan

ABSENT:

None

STAFF PRESENT:

Amy Chan, City Manager

Robert Walker, Assistant City Manager

David Kahn, City Attorney

Robert Paternoster, Director of Community Development

Jack Witthaus, Transportation and Traffic Manager

Dieckmann Cogill, Senior Planner

Cathy Merrill, Assistant to the Director of Parks and Recreation

Marvin Rose, Director of Public Works

Katherine Bradshaw Chappelear, City Clerk

1. A.

Approval of Revised draft Minutes of Regular Meeting of July 18, 2006

1. B.

Approval of Draft Minutes of Regular Meeting of July 25, 2006

1. C.

Approval of Information/Action Items - Council Directions to Staff

1. D.

RTC 06-254

List of Claims and Bills approved for payment by the City Manager (List No. 309)

Staff Recommendation:  Council reviews list of bills.

1. E.

RTC 06-257

City of Sunnyvale Investment Report 2^nd Quarter 2006

Staff Recommendation:  Council receives and files the investment report.

1. F.

RTC 06-249

Authorization to Increase Expenditures Under an Existing Contract for Tree Pruning and/or Removal Service (F0506-103)

Staff Recommendation: Council increases authorized expenditures by $30,000 under an existing blanket purchase order with TruGreen Landcare for tree pruning and/or removal services, making a total one-year contract amount of $80,000.

1. G.

RTC 06-258

Award of Contract for Four Library Self-Check Machines (F0607-05)

Councilmember Chu stated he pulled this item to congratulate Library staff for finding the resources to purchase the new self-service checkout machines.  He stated operations will be more efficient and the new machines will require less maintenance – a cost savings identified by Library staff.

Mayor Swegles opened the Public Hearing.  No one wished to speak and Mayor Swegles closed the Public Hearing

MOTION: Councilmember Chu moved and Councilmember Howe seconded to approve staff recommendation for Item 1.G.:  Council awards a contract to 3M Library Systems of St. Paul, Minnesota, in substantially the same form as the attached draft purchase order and in the amount of $84,594, to furnish and install four library patron self-service book checkout machines.

VOTE: 7-0

1. H.

RTC 06-251

Update of the City's Environmental Procurement Plan to Conform with Senate Bill

Staff Recommendation: Alternative No. 1: Council approves the update to the City of Sunnyvale’s Environmental Procurement Policy in order to comply with SB 1106.

1. I.

RTC 06-253

Designation of Voting Delegate and Alternates for 2006 League of California Cities Annual Conference

Staff Recommendation: Alternative 1: Council designates: Mayor Ron Swegles as the voting delegate and Vice Mayor Otto Lee as the voting delegate alternate for the League of California Cities Annual Business Meeting, to be held on September 9, 2006, at 8:30 a.m.; and Council authorizes staff to submit and return the 2006 Annual Conference Voting Delegate/Alternate Form to the League by August 15, 2006.

1. J.

ORDINANCE NO 2812-06

Adoption of Ordinance No. 2812-06 Amending Chapter 3/12 of Title 3 of the Sunnyvale Municipal Code Pertaining to Utility Users Tax on Intrastate Telephone Communication Services

Council adopted as submitted.

2.

RTC 06-261

Appeal of a decision of the Planning Commission for an application for a Variance on a 6,211 square-foot site from Sunnyvale Municipal Code section 19.34.040 to allow a six-foot setback where nine feet is required. The property is located at 734 Ashbourne Dr (near E. Fremont Ave) in R-0 (Low-Density Residential) Zoning District.

Councilmember Howe stated staff requested a continuance to the Council meeting of August 22, 2006 in order to gather the requested information.  He asked for an update on what information had been requested and what information will be available on August 22.  Robert Paternoster, Director of Community Development, stated that staff is working with the applicant on alternatives and related costs. 

Mayor Swegles opened the Public Hearing at 7:16 p.m.  No one wished to speak and Mayor Swegles closed the Public Hearing at 7:18 p.m.

MOTION: Councilmember Howe moved and Councilmember Spitaleri seconded to approve Alternative No. 1: Council continues this item to the Council meeting of August 22, 2006.

VOTE: 7-0

3.

RTC 06-255

Sunnyvale Bicycle Plan Update - Study Issue Deferred from July 18, 2006

Jack Witthaus, Transportation and Traffic Manager, presented the staff report.

Councilmember Chu inquired about factors used to score the Capital Improvement Projects (CIP) listed on page 76 of the Bike Plan (Table 5.4).  Manager Witthaus stated staff looks at numerous factors: Rider Stress Index, which is based on the speed of the roadway being traveled (the higher the speed-the higher the rider stress level); type of parking such as on-street parking (which creates a higher level of stress due to the possibility of a car door opening into the rider); style and use of the parking; collision history; daily traffic levels, and complexity of the project.  Dieckmann Cogill, Senior Planner, stated Rider Stress is weighed heavier than other factors.

Councilmember Chu verified that the ranking data collected for the bike plan was used to prioritize the projects.  Manager Witthaus confirmed that the highest priority item is considered for grant money or inclusion in the budget. 

Mayor Swegles opened the Public Hearing at 7:26 p.m. 

Richard Warner spoke in favor of the Sunnyvale Bike plan and stated it offers a good guideline for the future.

Ted Roush, President of Ames Bicycle Club, stated he does not support the bike plan and does not agree with the priority system in the report.  The item at the top of the list (Improving El Camino Real) would stop at the City’s borders.  It would require a miracle to complete due to the cost and involvement of another agency.

Mayor Swegles verified that Cal Trans does enforce parking regulations on El Camino Real.  Manager Witthaus stated there are some additional actions (involving jurisdictional items) that would need to be taken in order to begin the project.

Mayor Swegles asked how many businesses would be affected by eliminating the parking on El Camino Real.  Manager Witthaus clarified that the report was not suggesting that the only way to put a bike lane on El Camino Real is to remove all parking; instead, the report states the most likely way to put in a bike lane would be to eliminate the parking and a large number of businesses would be affected.  However, before that could happen community meetings would be held and Council would have to approve such action.  He stated there is a generous roadway cross section, and if staff is successful in negotiating with Cal Trans, it may be possible to build a bike lane without removing any parking.

Suzi Blackman, Executive Director of Sunnyvale Chamber of Commerce, spoke about concerns of local businesses (located on El Camino Real) regarding the bike plan and the potential of eliminating parking along El Camino Real.  She spoke in favor of including the business owners (with businesses along El Camino Real) in any discussions regarding the bike plan study if it moves forward.

Patrick Grant stated the bike plan was comprehensive but stated his concerns.  He stated only five percent of riders would ride on a high-density roadway.  Councilmember Moylan asked the speaker that if the ultimate goal is to transition cars into bikes, would it make sense to focus on heavy traffic areas since these are main travel routes.  Mr. Grant stated that was correct in theory but only five percent would participate in traveling on a heavy traffic roadway.  Councilmember Moylan stated the Sunnyvale Bicycle and Pedestrian Advisory Committee (BPAC) unanimously recommended the bike plan.  Mr. Grant stated the report is prepared by staff and the BPAC members do not understand how the report was scored. 

Kevin Jackson, member of BPAC, stated his support of the bike plan.  He stated the discrepancy among the community appears to be with the priorities, but the main goal is to provide safe access to useful destinations.  The only way to make this a viable form of transportation and reduce the number of cars on the road is to provide access to where citizens need to travel.

Thomas Granvold, Thomas Mayer, and Arthur Schwartz stated their support of the bike plan.

A member of the public asked if any consideration was given in the bike plan for students needing to ride to and from school.  Manager Witthaus stated there are policies about riding to school and the City educates children on safe riding and safe routes.  He stated the approach is Citywide and includes children going to and from school.

No one else wished to speak and Mayor Swegles closed the Public Hearing at 7:53 p.m.

Councilmember Moylan stated Appendix G (Bicycle access to public schools) was not part of the staff report.  Senior Planner Cogill stated Appendix G had not been completed and would  be distributed at a later date.  Councilmember Moylan asked why would Council be asked to approve a plan that is not complete.  Manager Witthaus stated that Appendix G is a technical appendix on safe routes to schools and is not germane to the document. 

Councilmember Moylan asked if there are any actions of the El Camino Real Task Force that should be taken into account with the bike plan.  Director Paternoster stated the task force has just begun its work, and bicycles on El Camino Real has been identified as an issue for discussion.

MOTION: Councilmember Chu moved and Councilmember Spitaleri seconded to approve Alternative No. 1:  Council adopts the Negative Declaration and approves the 2006 Sunnyvale Bicycle Plan, including the updated Bicycle Capital Improvement Program, as submitted and

with a modification to the Plan that as it impacts businesses, the business community shall be included in any discussions.

VOTE: 7-0

4.

RTC 06-259

Study Issue: Consider Revisions to Council Policy 7.3.22 Recognition of Donations and Use and Layout of Plaques

Cathy Merrill, Assistant to the Director of Parks and Recreation, presented the staff report.

Councilmember Chu asked for clarification between Alternatives Nos. 1 and 2.  Assistant Merrill stated Alternative No. 2 proposes specific sizes of plaques to use for various levels of recognition, which would require a determination of the value of someone’s contribution to the community.  Alternative No. 1 would leave the plaque size up to staff and/or recommendation by a commission and would ultimately be Council’s decision.

Mayor Swegles opened the Public Hearing at 8:05 p.m. 

Arthur Schwartz offered his suggestions regarding the Council policy on layout and issuance of plaques in recognition of citizen contributions.

No one else wished to speak and Mayor Swegles closed the Public Hearing at 8:08 p.m.

MOTION:  Councilmember Howe moved and Councilmember Hamilton seconded to approve Alternatives Nos. 1, 3 and 4:

·         Alternative No. 1:  Revise Council Policy 7.3.22 Recognition of Donations and Use and Layout of Plaques current wording related to the recognition of donations of $20,001 and above to include the recognition of contributions such as the donation of volunteer time from members of the community.

·         Alternative No. 3:  Revise Council Policy 7.3.22 to include additional wording regarding the maintenance and upkeep of plaques installed on city facilities.

·         Alternative No. 4:  Combine the section of Council Policy 7.3.22 Recognition of Donations and Use and Layout of Plaques that addresses the use of plaques for the recognition of donations, into Council policy 7.3.20 Council Resolutions, Proclamations, Certificates and Letters of Public Recognition and revises and renames the policy, “Council Recognition of Individuals, Organizations and /or Events.”

Councilmember Moylan noted that the report does not mention plaque size and asked for clarification on the 3x5 size plaque.  Assistant Merrill stated that the 3x5 plaque is for a park bench or small donation as stated in current City policy and was not included in this report.

Councilmember Moylan offered a friendly amendment to change the size from 3x5 to 4x6 plaque size.  Friendly amendment was not accepted.

VOTE: 7-0

COUNCIL:

Councilmember Chu requested that the City Manager direct staff to conduct traffic counts at the Fair Oaks and Arques intersection due to a citizen who has come before Council numerous times regarding parking issues near his property.

Amy Chan, City Manager, stated she will provide that information to Council via a Friday report.

Councilmember Chu stated he would sponsor a study issue to review parking requirements and policies for residential and commercial areas.  

Councilmember Hamilton stated she is going on maternity leave and thanked her fellow Councilmembers for their support.

Mayor Swegles expressed concern about a section of street on Waddell (near   entrance to a new church at Fair Oaks and Morris Avenue).  Marvin Rose, Director of Public Works, stated there is a water main break at that location and the plan is to have the area repaired within a week to ten days.

Mayor Swegles announced that Sunnyvale Boy Scout Troop 463 was in the audience and invited them to introduce themselves at the podium.

STAFF:

None

• Tentative Council Meeting Agenda Calendar

• RTC 06-260 Opportunity for Council to Appeal Decisions of the Planning Commission of

   July 24, 2006 and the Administrative Hearing of July 26, 2006

• Draft Minutes of the Parks and Recreation Commission Meeting of July 12, 2006

• Draft Minutes of the Arts Commission Meeting of July 19, 2006

• Draft Minutes of the Special Parks and Recreation Commission Meeting of July 25, 2006