The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Closed Session regarding Personnel Matters – SEA, SEIU, PSOA, COA, Management and Confidential Employees Labor Relations, as per G.C. Section 54957.6, to a 6:30 p.m. Closed Session Conference with Real Property Negotiator, as per G.C. Section 54956.8, regarding the Sunnyvale Town Center Mall, and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California, at 7:35 p.m. with Mayor Miller presiding.

Captain Greg Kevin led the salute to the flag.

Vice Mayor Risch announced the Council met in Closed Session regarding Personnel Matters – SEA, SEIU, PSOA, COA, Management and Confidential Employees Labor Relations, G.C. Section 54957.6. Direction was given but no action was taken. Council also met in a Closed Session Conference with Real Property Negotiator, G.C. Section 54956.8, regarding the Sunnyvale Town Center Mall. Direction was given but no action was taken.

Mayor Miller announced the City of Sunnyvale has been awarded a grant for the Calabazas Creek Trail under the Clean Safe Creeks and Natural Flood Protection Trail and Open Space Grant Program.

Mayor Miller thanked Jua Rattanapsun, the owner of Thai Basil, for his contributions to the Thai Festival.

Councilmember Howe requested items 1.H. and 1.L. be pulled from the Consent Calendar and considered separately. Vice Mayor Risch requested that item 1.G. be pulled from the Consent Calendar and considered separately. Thom Mayer a member of the public, requested items 1.A. and 1.M. be pulled from the Consent Calendar and considered separately. Councilmember Vorreiter moved, and Councilmember Howe seconded, to approve the Consent Calendar with the exception of items 1.A, 1.G, 1.H, 1.L, and 1.M. The motion carried unanimously.

Councilmember Howe moved, and Councilmember Fowler seconded, approval of the Draft Minutes as amended by a member of the public for his comments. The motion carried unanimously.

Mark Gregersen, Director of Human Resources, and Myriam Castaneda, Human Resources Supervisor, presented a brief staff report.

Mayor Miller and Vice Mayor Risch opined that a three month medical benefit extension is more appropriate than a six month extension.

Mayor Miller opened the Public Hearing at 7:40 p.m., and there being no public comments, closed the Public Hearing.

Councilmember Fowler moved, and Councilmember Walker seconded, to adopt the Severance Benefit for Fiscal Year 2003/04 and authorize the Director of Human Resources to implement the procedures to administer this assistance. The motion carried with Mayor Miller, Vice Mayor Risch and Councilmember Howe dissenting.

Councilmember Howe reported he sits on the LAFCO Local Agency Information and Development Commission, and at this time LAFCO is involved in litigation on this matter. Councilmember Howe recused himself and left the dais.

Mayor Miller opened the Public Hearing at 7:48 p.m., and there being no public comments, closed the Public Hearing.

Councilmember Fowler moved, and Vice Mayor Risch seconded, to adopt the Resolution of Support Endorsing the Midpeninsula Regional Open Space District’s Proposed Extension of Boundaries to the San Mateo County Coast. The motion carried unanimously.

At this juncture, Councilmember Howe returned to the dais.

Mary Bradley, Director of Finance, and Cheryl Waldrip, Management Analyst, presented the staff report. Director Bradley distributed copies of the Grand Jury Reports for Items 1.L. and 1.M. to the Council. She further distributed revised copies of the proposed response letters to the Grand Jury for items 1.L. and 1.M. that reflect the revisions made by Mayor Miller. Director Bradley reviewed the changes to the letters.

In response to Councilmember Howe, Director Bradley stated that, in the past, audits were not brought to Council for discussion, and the City Manager reviewed and discussed the results with the department. Director Bradley further stated the reports included statements of fact and findings along with a response from the department and recommendations.

Councilmember Howe inquired what process would be used to transfer this information from the auditor to the City Council. City Manager LaSala responded staff will provide the audit with departmental and management comments.

Councilmember Howe requested this come to the Council in the form of a policy. Director Bradley added they would provide an Audit Charter.

Councilmember Fowler inquired what mechanism audits the measurable results in Sunnyvale’s one of a kind system that ensures they are actually being produced. Director Bradley responded this is achieved by the performance audit function.

In response to Councilmember Walker, Director Bradley stated that resources devoted to performance audits were not reduced.

Mayor Miller opened the Public Hearing at 8:08 p.m.

Thom Mayer, a member of the public, requested that the audits be accepted by the Council after a public hearing so they will be available on the web.

Mayor Miller closed the Public Hearing at 8:09 p.m.

Councilmember Howe moved, and Councilmember Walker seconded, to direct staff to provide for the Mayor’s signature the letter in response to the Grand Jury’s finding and recommendation. The letter indicates that staff will provide copies of all final audit reports to Council and the Grand Jury and enlist Council in the development of the City’s annual audit plan, and that staff return to Council with a policy for approval prior to the end of this year.

Mayor Miller offered a friendly amendment to provide the Mayor the opportunity to review the letter and make adjustments prior to signature. The amendment was accepted.

The motion carried with Councilmember Fowler dissenting.

Director Bradley presented a brief staff report and reviewed the changes to the response letter.

Vice Mayor Risch inquired if there would be any financial impact. Director Bradley responded that once the list is prepared, the City Clerk could maintain it.

Mayor Miller opened the Public Hearing at 8:17 p.m.

Thom Mayer, a member of the public, stated he felt this information should be public. Vice Mayor Risch clarified that this information is already public.

Mayor Miller closed the Public Hearing at 8:19 p.m.

Councilmember Walker moved, and Councilmember Valerio seconded, to authorize providing a letter to the Grand Jury specifying that although the City agrees that maintaining the recommended lists would be potentially helpful to the Grand Jury, the City does not plan to implement the recommendation due to the lack of available resources to conduct the necessary research. The City will create lists from this point forward and this new list will be maintained by the City Clerk.

Mayor Miller offered a friendly amendment to provide the Mayor the opportunity to review and amend the letter prior to signature. The amendment was accepted.

The motion carried unanimously.

Dean Fujiwara, a member of the public representing the Linnet Lane neighborhood, solicited Council support to put up a fence to block traffic caused by the Cupertino Valco Village Shopping Center. He reported the City of Cupertino and the City of Sunnyvale will be meeting to discuss the traffic and parking problems. He asked the City to paint the curbs red by stop signs, intersection curves, fire hydrants and a no parking area.

Donald Schulz, a member of the public, expressed concern over the handling of a public safety activity. City Manager LaSala stated he will request the Acting Director of Public Safety to review the issue and for the Acting Director to provide a report to the City Manager on his findings.

Steve Swenson, a member of the public, expressed concern over the parking issues and traffic safety in his neighborhood caused by the Cupertino Valco Village Shopping Center. He requested that the pedestrian access be closed and the fence continued to alleviate this problem.

Mayor Miller requested the City Manager look into the speed enforcement in that area.

Christy Gunvalsen, Neighborhood Preservation Manager, stated staff is working with the City of Cupertino to address the issues. Staff would like to implement solutions versus enforcement.

Conchita Gomez, a member of the public, expressed concerns on the lack of parking for residents.

Jerrie Hyrne, a member of the public, advocated for closing the pedestrian access and expressed concern over the traffic on Linnet Avenue.

Charles Cox, a member of the public, expressed concern over traffic safety and danger to pedestrians on Linnet Lane caused by the Valco Village Shopping Center. He asked for Council support to find a solution.

In response to Councilmember Howe, Jack Witthaus, Transportation and Traffic Manager, stated that staff would return to Council with recommendations by the end of the year.

Thom Mayer, a member of the public, expressed concern over a drug house in his neighborhood. He advocated for adding more narcotics officers to deal with these types of problems. City Manager LaSala requested Mr. Mayer provide the address to the Acting Director of Public Safety for investigation.

Councilmember Howe noted the effects of the reduction in Narcotics Officers and requested that Council agendize this for further review.

Councilmember Fowler moved, and Councilmember Howe seconded, that Council direct City staff to research and provide some funding options to consider in order to reinstate the Narcotics Officer.

Councilmember Walker requested that staff report back to Council within two weeks on narcotic enforcement activity and recommended that the motion not be voted on until after this report.

Barbara Keegan, Assistant Director of Public Works, and Jack Witthaus, Transportation and Traffic Manager, presented the staff report. Mr. Witthaus gave a brief overview and reported this project was removed from the City’s capital budget during the FY2003/2004 budget deliberations. Council requested the Fairwood Neighborhood Traffic Study be brought back to Council for reconsideration. Mr. Witthaus reviewed various approaches including a traffic signal, restricting traffic on Wildwood Avenue, and a traffic calming study.

Vice Mayor Risch inquired why staff is not recommending options that were previously proposed. Mr. Witthaus responded that circumstances have changed and funding is no longer available so staff is looking at an interim solution. Mr. Witthaus stated that if another solution were to be proposed, public outreach to the neighborhood would be necessary.

In response to Vice Mayor Risch, Mr. Witthaus stated there is budget to do a traffic calming study and stated they would come back to Council within six months to a year with the results after the beginning of next year.

In response to Councilmember Walker, Mr. Witthaus stated staff would have to come to Council before implementing any solutions.

In response to Councilmember Fowler, Mr. Witthaus stated they have funding to do one to two traffic studies per year and the Fairwood study would not bump other scheduled studies.

Mayor Miller opened the Public Hearing at 9:19 p.m.

Thom Mayer, a member of the public, requested that Council take action on the completed Fairwood Traffic Calming Study and did not see the need for an additional study.

Lynette Nguyen, a member of the public, advocated for timely solution.

Mayor Miller closed the Public Hearing at 9:28 p.m.

Councilmember Howe moved, and Councilmember Walker seconded, to take no action and encourage staff to proceed with the completion of the formal traffic calming process for Blazingwood Drive and the Fairwood neighborhood, and return to the City Council in the event that the process recommends "hard" traffic calming improvements after staff completes the Blair and Norman projects.

Mayor Miller offered a friendly amendment to change the word "encourage" to "direct". The amendment was accepted.

The motion carried unanimously.

City Manager LaSala apologized for the delay in getting this report to Council on a timely basis, and stated the department will adhere to Council’s time schedule in the future.

Mark Stivers, Captain, Police Services, and Bill Bielinski, Administrative Services Manager, presented the staff report. Captain Stivers gave a brief history and reported in July 2000, the Department of Public Safety (DPS) began the process of designating and implementing a narrowly focused pilot program using volunteers in low risk/liability situations. The Sunnyvale Public Safety Volunteers in Routine Law Enforcement Program was deemed successful and Public Safety management decided to absorb the cost of the program in 2002/2003, and to continue the program without Council’s direction or dedicated funding. He stated that staff did not receive clear direction, expectations and guidance from Public Safety Management. Staff believes there are sufficient resources in the current budget to support a small volunteer force without reducing current service levels of the Crime Prevention Unit.

Councilmember Fowler asked for clarification on the number of hours, when service started and the length of the program. Captain Stivers responded the total time was 67.5 hours of training and the service started in April 2000. Captain Stivers stated the intent was for a two year pilot project, with staff returning to Council after one year with a report and requesting additional funding for the second year.

Councilmember Fowler inquired why the program plan was never brought back to Council and the item was not agendized in March as requested. City Manager LaSala responded that staff was deficient in their response and it was an oversight not to bring it back on March 25.

Councilmember Vorreiter inquired what steps could be taken by Public Safety to have greater participation and make this program more successful. Captain Stivers responded they have better communication with Volunteer Services and an expanded focus as well as increased outreach.

Mayor Miller inquired what the cost is for a background check for a volunteer. Captain Stivers responded the cost is four to five hours of staff time plus a $100 drug screening.

Councilmember Walker inquired if staff could develop some outcomes and measures for the program. Captain Stivers responded they could develop these.

In response to Councilmember Howe, Captain Stivers stated they could come back to Council with a report by the end of the fiscal year.

In response to Councilmember Walker, Captain Stivers stated he could have outcomes and measures back to Council by the end of the calendar year.

Mayor Miller opened the Public Hearing at 10:00 p.m.

Ron Swegles, a member of the public, inquired if staff recruited seniors for this program. Romie Georgia, Volunteer Services Manager, responded staff has not done any specific recruitment of seniors for law enforcement.

Mayor Miller closed the Public Hearing at 10:03 p.m.

Councilmember Fowler moved, and Councilmember Walker seconded, to find that the pilot program authorized in June 2002 was not undertaken as directed and to direct staff to re-undertake that program with existing resources and come back to Council with a plan and outcome measures by the end of the year with quarterly status reports as to the progress of the program, from January 2004 to January 2006. The motion carried unanimously.

Councilmember Fowler moved, and Mayor Miller seconded, to find that the direction to staff mechanism did not work and direction to staff was not followed. Direct the City Manager to come back with options on how to fix this mechanism so directions from the Council to the staff do not fall into cracks.

Councilmember Walker offered a friendly amendment to include Directions to Staff as a consent item on the Council agenda. The amendment was accepted.

Councilmember Howe offered a friendly amendment to italicize items that are completed or changed. The amendment was accepted.

The motion carried with Vice Mayor Risch and Councilmembers Valerio and Vorreiter dissenting.

City Attorney Armento will review the ordinance to determine if the pre-appeal goes before the Planning Commission or the City Council.

Councilmember Walker offered a friendly amendment to take into account the City Attorney’s determination on the appropriate body to hear the pre-appeal. The amendment was accepted.

The motion carried unanimously.

Mayor Miller requested that Guidelines for Addressing the City Council be revised to reflect Citizens to be Heard is at the beginning of the meeting along with the associated temporary guidelines, and that it be posted to the web site.

Mayor Miller reported that at the League of California Cities Conference, all resolutions passed. She further reported that the Cities Association Board has asked the councilmembers of the 15 cities to make suggestions for policy priorities.

Mayor Miller inquired if Sunnyvale has an Amnesty program whereby citizens turn in their weapons. It was the consensus of Council to add this as a study issue.

Councilmember Fowler announced he is traveling to China during the next two weeks.

Vice Mayor Risch reviewed public safety activities on the evening of August 31 and morning of September 1 related to the closure of the Forum Night Club. He affirmed his duty as an elected official to inquire about such activities and work with the downtown merchants to provide open communication related to the activities of the Public Safety Department.

Mayor Miller requested the City Manager provide the Council with the answers to Vice Mayor Risch’s questions regarding this activity.

There were no comments.

After Mayor Miller declared the meeting adjourned at 10:47 p.m.

Respectfully submitted,
Cathleen McKay, Interim City Clerk