REPORT TO COUNCIL
SUBJECT
Title
Consider Rescinding 2017 Council Decision to Bar Removal of On-Street Parking on Fair Oaks Avenue
Report
BACKGROUND
On February 25, 2025, a Colleagues Memorandum was added to the Council Agenda (Attachment 1) to “consider removing policy requiring street parking on Fair Oaks Avenue be preserved.” Council directed staff to bring the item back for discussion.
As part of Council’s action on the Design Development of Fair Oaks Bike Lanes and Streetscape Project (RTC No. 17-0502), Council approved an alternative that installed Class III sharrows in both directions and maintained a two-way center turn lane and on-street parking on Fair Oaks between Old San Francisco Road and Evelyn Avenue. The improvements were installed and the existing on-street parking has been maintained since that Council action. No written policy was created.
EXISTING POLICY
General Plan, Chapter 3, Land Use and Transportation Element:
LT-3.8: Prioritize safe accommodation for all transportation users over non-transport uses. As city streets are public spaces dedicated to the movement of vehicles, bicycles, and pedestrians, facilities that meet minimum appropriate safety standards for transport uses shall be considered before non-transport uses are considered.
LT-3.9: As parking is the temporary storage of transportation vehicles, do not consider parking a transport use of public streets.
LT-3.10: Prioritize street space allocated for transportation uses over parking when determining the appropriate future use of street space.
Resolution No. 793-16 Complete Streets Policy (and Resolution No. 896-18 amending Resolution No. 793-16): The City wishes to improve its commitment to Complete Streets and desires that its streets form a comprehensive and integrated transportation network promoting safe, equitable, and convenient travel for all users while preserving flexibility, recognizing community context, and using the latest and best design guidelines and standards.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental, organizational or administrative activity that will not result in direct or indirect changes in the environment.
DISCUSSION
On June 6, 2017 (RTC No. 17-0502), Council approved the following:
• Installation of Class III “sharrows” in both directions while maintaining the two-way center turn lane and on-street parking along Fair Oaks Avenue between Old San Francisco Road and Evelyn Avenue.
• Installation of Class III “sharrows” in both directions between Kifer Road and Arques Avenue.
• Installation of Class III “sharrows” in both directions between Wolfe Road and Ahwanee Avenue.
Between Old San Francisco Road and Evelyn Avenue, there are two travel lanes in each direction with a two-way left turn lane. On-street parking is permitted between Old San Francisco Road and Bryan Avenue. Between Kifer Road and Arques Road, there are two travel lanes in each direction, and on-street parking is prohibited. Between Wolfe Road and Ahwanee Avenue, there are two northbound travel lanes and three southbound travel lanes, with on-street parking prohibited along the segment.
Currently, any studies or actions along Fair Oaks Avenue are guided by the Council action related to parking removal consideration.
FISCAL IMPACT
There is no fiscal impact for removing policy requiring on-street parking on Fair Oaks Avenue alone. Before any on-street parking would be removed, a study would need to be conducted. The planning or implementation of on-street parking removal and/or bicycle improvements would be carried out through individual projects, each considered separately as part of the City’s budget process in future years.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
ALTERNATIVES
1. Rescind previous Council action (RTC No. 17-0502) which required on-street parking along Fair Oaks Avenue between Old San Francisco Road and Evelyn Avenue to be preserved where currently existing.
2. Do not rescind previous Council action (RTC No. 17-0502) and continue requiring on-street parking along Fair Oaks Avenue between Old San Francisco Road and Evelyn Avenue be preserved where currently existing.
3. Alterative direction as outlined by Council.
STAFF RECOMMENDATION
Recommendation
Staff makes no recommendation. This report is developed in response to the attached Colleagues’ Memo to facilitate consideration and possible action by the City Council. There are currently no pending actions before Council to modify parking on Fair Oaks Avenue. If the previous Council direction is rescinded, then parking removal could be considered in future studies and/or other decisions for Fair Oaks Avenue, as warranted.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
_X_ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Erik Trujillo, Traffic Engineer
Reviewed by: Angela Obeso, Interim Transportation and Traffic Manager
Reviewed by: Chip Taylor, Director, Public Works
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Colleagues Memorandum
2. Report to Council 17-0502, June 6, 2017 (without attachments)
3. Excerpt of City Council Meeting Minutes of June 6, 2017