MINUTES

 SUNNYVALE CITY COUNCIL 
October 21, 2003

The City Council of the City of Sunnyvale adjourned from a 5:00 p.m. Joint Study Session with the Planning Commission Regarding Transportation Strategic Program/Moffett Park Specific Plan, and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, CA at 7:32 p.m. with Vice Mayor Risch presiding.

SALUTE TO THE FLAG

Vice Mayor Risch led the salute to the flag.

ROLL CALL

PUBLIC ANNOUNCEMENTS

Councilmember Vorreiter made the following announcements on behalf of the Council:

Make a Difference Day this year is Saturday, October 25, from 8:30 a.m. to 12:30 p.m. at Columbia Middle School and Columbia.  Make a Difference Day is a unique program that inspires and rewards volunteers – a national day of helping others.  Over a million Americans pitch in with thousands of projects nation-wide.  In Sunnyvale volunteers will plant roses, weed borders, eliminate trash, and spruce up Columbia Park and Columbia Middle School.  For more information, contact Claire Garcia, Volunteer Coordinator, at (408) 730-7533.

October 28 is “National Immigrants Day,” as recognized by a Joint Resolution passed by the U.S. Congress. The date of October 28 has come to be designated as “National Immigrants Day,” because the Statue of Liberty, our symbol of freedom, hope, and opportunity for millions of immigrants arriving in this country, was dedicated to the people of America by the people of France on October 28 in 1886.  U.S. Congress subsequently signed Public Law 100-62 in 1987, establishing October 28 as a day of celebration to honor all immigrants welcomed by the Statue’s symbolic torch of freedom.

Mayor Miller will host “Connections: A Celebration of Sunnyvale” at the Sunnyvale Senior Center, Monday, November 17. The event will feature a panel discussion with Sunnyvale community and business leaders, and will be followed by a reception. Registration begins at 5 p.m., and the presentation starts at 5:15 p.m.  For more information or to R.S.V.P., call (408) 730-7599.

Councilmember Vorreiter reported she participated in the annual Walk to End Domestic Violence.  She stated that October is Domestic Violence Awareness Month.

CONSENT CALENDAR

Councilmember Howe requested that Item 1.I. be pulled from the Consent Calendar and considered separately.  Councilmember Valerio requested item 1.A. be pulled from the Consent Calendar and considered separately.  Michael Flores, candidate for Council, requested item 1.H. be pulled from the Consent Calendar and considered separately.  Councilmember Howe moved, and Councilmember Valerio seconded, to approve the Consent Calendar with the exception of items 1.A., 1.H. and 1.I. The motion carried unanimously.

Councilmember Vorreiter moved, and Councilmember Howe seconded, to approve the Draft Minutes as amended. The motion carried unanimously.

Fiscal Items

Contracts

Mary Bradley, Director of Finance and Victoria Johnson, Director of Libraries, presented a brief staff report.

Vice Mayor Risch opened the Public Hearing at 7:40 p.m.

Michael Flores, candidate for Council, requested clarification on what was being purchased.  Director Johnson replied these are back files of newspapers that are not available in any other affordable format.

In response to Mr. Flores, Director Johnson stated she does not believe these are not available in CD format, but would look into it.

Vice Mayor Risch closed the Public Hearing at 7:42 p.m.

Councilmember Howe moved, and Councilmember Vorreiter seconded, to award a three-year contract, in an amount not to exceed $90,000, to ProQuest Information and Learning, and authorize the Purchasing Officer to issue a Purchase Order to that effect.   The motion carried unanimously.

Robert Paternoster, Director of Community Development, assisted by Mary Bradley, Director of Finance, presented a brief staff report.

Councilmember Howe inquired if there could be a different source for the funding for recovery of the cost.  Director Bradley responded this not eligible to charge to the developer. 

Councilmember Fowler inquired why staff is recommending a different source of funding.  Director Bradley responded the Finance Department recommended the Non-Recurring Events Reserve because this is a one time expense and is more general in nature.

Vice Mayor Risch opened the Public Hearing at 7:47 p.m. and, there being no public comments, closed the Public Hearing.

Councilmember Howe moved, and Councilmember Fowler seconded, to authorize the amendment of an existing contract with Keyser Marston Associates, Inc., and increase authorized expenditures by $50,000, making a total contract not-to-exceed amount of $99,000, and approve Budget Modification No. 13, with the change that the $50,000 come from the tax savings from the Redevelopment Agency Tax Allocation Bonds.  The motion carried unanimously.

Other Items

CITIZENS TO BE HEARD

Val Miller, Jo Lin, and Mary Ellen Locke, representing the Digital Clubhouse, urged the Council to assist them in finding a new location for their Clubhouse and asked for assistance in raising funds.

Thom Mayer, representing the Bicycle and Pedestrian Advisory Committee (BPAC), distributed a document to the Council and requested the Council consider a study to remove the word “accident” from their vocabulary and use collision or crash.  City Manager LaSala stated staff would evaluate this and make a determination if this should be a study issue.

PUBLIC HEARINGS/GENERAL BUSINESS

Steve Lynch, Associate Planner, assisted by Trudi Ryan, Planning Officer, presented the staff report.  He reported this study issue is being conducted in response to issues that were raised by Sunnyvale residents who were concerned with RVs parked in their neighborhoods. These concerns generally regarded RVs parked parallel with the street in the front yards of residential zones. The City Council determined that there may be aesthetic and safety issues associated with RV, boat, and trailer parking in front yards and selected this study issue in order to gain a better understanding of the situation. Staff has concluded, based on General Plan Goals/Policies and the data that were gathered from the research, that it is appropriate to modify the existing Municipal Code to require that all recreational vehicles, trailers, and boats be parked or stored perpendicular to the street. The modification would help to address the aesthetic and safety impact that the larger RVs and boats can have on the surrounding neighborhood.

Councilmember Vorreiter inquired if parallel parking was addressed when this was last considered by the Council.  Mr. Lynch responded it was and at that time staff was only taking testimony to determine if this should be placed on the 2003 Study Issues Calendar.

Councilmember Vorreiter inquired if the staff reviewed the driveway depths where the garage is perpendicular as opposed to parallel to the street.  Mr. Lynch responded the average setback is 20 feet, with curved driveways having 40 feet.

In response to Councilmember Vorreiter, Ms. Ryan stated that the intent is to be roughly perpendicular and staff recognizes there are different driveway configurations and will address unique situations.

Councilmember Howe inquired what the City is doing when more than 50% of the front yard is paved.   Ms. Ryan responded the code states it is a maximum of 50% and the Neighborhood Preservation Department deals with code violations. Ms. Ryan responded to code clarification questions posed by Councilmember Howe.

Councilmember Valerio asked for clarification that this ordinance is not proposing any changes to the legal parking of an RV at a curve on a city street.  Mr. Lynch responded it was not but would still have the 72 hour restriction.

In response to Vice Mayor Risch, Ms. Ryan stated that at a minimum, the area for the tires must be paved and clarified  questions relating to the code for corner houses.

Councilmember Fowler inquired if an impervious surface is required under the RV and not just the tires.  Ms. Ryan responded there has been a modification to standards to allow oil to drip onto the ground instead of being washed into storm drains.

Vice Mayor Risch opened the Public Hearing at 8:20 p.m.

Ernie Willard, a member of the public, expressed his support for the more restrictive proposed code changes.

Walt Likens, a member of the public, stated he did not approve of the proposed change in the ordinance and expressed concern that the ordinance was not clear in addressing all situations.

Susan Morales, a member of the public, expressed support for the proposed changes but felt there should be a grandfather clause for the people who currently park their RV’s on the street.  She further requested that the City come up with a secured storage space for RV’s.

Art Kushner, a member of the public, made a Powerpoint presentation showing various housing with RVs parked on their property.  He stated he had concerns regarding the visual appearance of the neighborhood, size and the increasing number of the RV’s, neighborhood safety, and potential for the decline of property values. He opined the consistency of the City ordinances should be one of the objectives of City government.

Robert Harms, a member of the public, expressed concern regarding the preservation of beauty and the effect on the value of his neighborhood.

Guy Thompson, a member the public, questioned the right of RV owners to infringe on the rights of their neighbors and the impact on property values.  He stated the RVs are not being parked but rather stored.

Charles Ryan, a member of the public, advocated for stricter regulations against the storage of RVs on private property.

Albert Waissman, a member of the public, stated he was granted permission by the City to park his RV on his property and has since received complaints from his neighbors. He stated the new ordinance would now force him to park his RV in storage.

Stuart Shoemaker, a member of the public, spoke in support of allowing RVs on private property and distributed an article from the San Jose Mercury News to the City Council. 

Loretta Rachel, a member of the public, expressed concern about additional regulations and does not support the proposed ordinance.

Rick, a member of the public, spoke in opposition of the proposed ordinance and does not favor regulations on the parking of RVs.  He advocated for a City solution for storage of RVs.

Karen Hardy, a member of the public, spoke in opposition of any new regulations governing the parking of RVs. 

Jim Whitca, a member of the public, asked for the definition of an RV.  Mr. Lynch responded it was all vehicles used for recreation except passenger vehicles.

Thom Mayer, a member of the public, stated he is in support of the new ordinance and posed questions of clarification to staff.  He asked for the ordinance to include prohibiting vehicles parking in the ten foot driveway vision triangle.

Michael Flores, candidate for Council, posed questions of clarification to the Council.  Mr. Lynch responded that the parking regulations pertain to all vehicles.

Vice Mayor Risch closed the Public Hearing at 9:25 p.m.

Councilmember Walker moved, and Councilmember Valerio seconded, to introduce an ordinance amending existing Municipal Code §19.46.140 to require that all recreational vehicles, trailers, and boats, when parked or stored on property in all residential zones, shall be parked or stored perpendicular to the street, on and after January 1, 2005. Direct staff to initiate a study issue that would investigate the possibility of City owned land to be used for long-term RV, boat, and trailer parking.

Councilmember Vorreiter offered a friendly amendment to add the language “…shall be parked or stored perpendicular to the street unless a legal driveway configuration dictates otherwise.”  The amendment was accepted.

The motion carried unanimously.

ORDINANCE NO 2736-03. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING CERTAIN SECTIONS OF TITLE 19 OF THE SUNNYVALE MUNICIPAL CODE (ZONING) RELATED TO THE PARKING OF RECREATIONAL VEHICLES, TRAILERS AND BOATS IN FONT YARDS

Robert Walker, Director of Parks and Recreation, presented the staff report.  He stated for the past several years, staff, the public, and the Parks and Recreation Commission  have struggled somewhat with the implementation of the City’s Co-Sponsorship policy.

Director Walker reviewed staff recommendations related to confusion on the part of independent groups as to how best to request assistance from the City, confusion on the part of staff, Boards and Commissions as to what process to use under various circumstances, and a host of inconsistencies and challenges associated with the implementation of the existing “Co-Sponsorship” Policy.

Vice Mayor Risch opened the Public Hearing at 9:35 p.m.

Nellie Durand, representing the Sunnyvale Garden Club, stated they support the new specialty agreement and believes they do a lot for the City.

Jeff Arnett, representing the Parks and Recreation Commission, stated the Commission unanimously supports staff’s recommendations.  The Commission recommends that the Council consider future revisions to the City outside groups funding policies.

Laura Wallace, a member of the public, thanked the City for their support of co-sponsored groups.

Karen Hardy, President of the Sunnyvale Gymnastics Club, thanked the City for their support and service.  She asked that the Council broker a special agreement with the Gymnastics Club on reduced fees for the use of City facilities.

Michael Flores, candidate for Council, inquired what the purpose is to change the agreement.  Director Walker responded there were a number of requirements in the existing policy to be addressed, portions of the policy were too wordy, relationships with the groups and the City needed to be clarified, and there were revisions to the process.

Vice Mayor Risch closed the Public Hearing at 9:50 p.m.

Councilmember Vorreiter moved, and Councilmember Howe seconded, to approve a Council Policy for Relationships with Outside Groups to be incorporated within section 7.2 (“Community Participation”) of the Legislative Policy Manual.   Eliminate Council’s existing Co-Sponsorship policy as of July 1, 2004. Continue existing relationships with groups “Co-Sponsored” under Council’s existing policy through the remainder of Fiscal Year 2003/2004. Encourage each group currently “Co-Sponsored” with the City to work with staff to determine via Council’s Relationships with Outside Groups Policy how best to pursue the City support and relationship it desires.  The motion carried unanimously.

Coryn Campbell, Neighborhood and Community Services Manager, presented the staff report.  She stated this report is in response to Council’s direction for a task force to review and, if needed, develop City-wide guidelines for noticing for private development, noticing for public projects, reports to Council postings, City Council and Board and Commission meetings, City sponsored community outreach meetings, public participation, special mailing lists, City Services and City events.  Ms. Campbell highlighted some of the task force recommendations and stated that staff is recommending approval of all recommendations with the exception of 1.B.

Vice Mayor Risch opened the Public Hearing at 9:58 p.m.

Raymond Pole, a member of the public, stated the City needs to be more cognizant of how they notice meetings and how they word reports to Council to be clearer for the public. 

In response to Councilmember Walker’s inquiries, Marilyn Crane, Information Technology Manager, clarified that that the Ebot system (email notification system) is a complimentary system and not a replacement for the existing mailing lists.  Councilmember Walker expressed concern that residents are clear on how to sign up for mail notifications.

Michael Flores, candidate for Council, made suggestions for updating the City’s web site.

Dean Chu, candidate for Council, encouraged the Council to accept staff recommendation alternative 1 that approves all the recommendations including 1.B. –“For all second-story additions, notice should be given three properties away (adjacent to adjacent to adjacent) on the same frontage road, and other owners and single-family and duplex tenants two properties away (adjacent to adjacent).”

Thom Mayer, a member of the public, spoke in support of extended notification and  approval of item 1.B.

Vice Mayor Risch closed the Public Hearing at 10:20 p.m.

Councilmember Walker moved, and Councilmember Howe seconded, to direct implementation of all Outreach Task Force recommendations with the following modifications: that recommendation 1.B. be on a trial basis for one year for evaluation with staff to report back to Council as to whether it is cost effective and generating more public interest, that staff provide clear noticing of how to get on the subject matter lists, and to set reasonable limits on hard copy mail from the City.  The motion carried unanimously.

Councilmember Howe recused himself from this item due to a potential conflict of interest stating that his wife is employed by El Camino Hospital, and left the dais.

Peter Bassett, Community Outreach Coordinator, presented the staff report.  He stated the passage of Measure D would allow the El Camino Hospital District to issue bonds in the amount of $148,000,000 to make seismic upgrades to meet recently adopted strict California earthquake standards, and to expand and enhance emergency and other hospital facilities. To fund the bonds, property owners within the El Camino Hospital District would be assessed $12.90 per $100,000 of their property’s assessed value each year up to forty years. The El Camino Hospital District encompasses 65 of the 116 precincts in Sunnyvale.

Councilmember Walker inquired why staff is recommending no position.  Mr. Bassett responded there is no specific policy regarding issuing bonds and requiring Sunnyvale residents to pay a tax to fund bonds for the upgrading of medical facilities.

Vice Mayor Risch opened the Public Hearing at 10:28 p.m.

Michael Flores, candidate for Council, stated this facility is not designated for Sunnyvale residents only and does not recommend funding.

Vice Mayor Risch closed the Public Hearing at 10:30 p.m.

Councilmember Vorreiter moved, and Councilmember Valerio seconded, that Council takes a position in favor of Measure D.  The motion carried unanimously.

At this juncture, Councilmember Howe returned to the dais.

Vice Mayor Risch recused himself from this item due to a conflict of interest and left the dais.

Councilmember Walker presented the Subcommittee Report.  He stated at the October 7, 2003 City Council meeting, Steve Fisk, President of the Public Safety Officers Association (PSOA), appeared during the Citizens to be Heard portion of the meeting to publicly charge that the Vice Mayor, in conjunction with the City Manager, had violated provisions of the City Charter, the City Council Code of Conduct, and the City Council Code of Ethics. Mayor Julia Miller appointed an Ad-Hoc Subcommittee consisting of Councilmembers Fred Fowler, Manuel Valerio, and Jack Walker (Chair) to investigate the allegations.  He stated the Subcommittee did not find misconduct under the City Charter, the Code of Conduct or the Code of Ethics that rises to a level requiring sanctions. It did find evidence of poor judgment on the part of the Vice-Mayor in the wording of his questions and the City Manager had some improper internal procedures for handling the questions that were submitted. Councilmember Walker reviewed the report in detail.

Councilmember Fowler announced he resigned from the Subcommittee during the third meeting and was not part of the Subcommittee when the majority of the findings and facts were made and when any of the conclusions were drawn.

In response to Councilmember Valerio, Councilmember Fowler responded he resigned from the Subcommittee because they were not able to reach a unanimous consensus and too much time was being spent on disagreements.

Councilmember Walker clarified the meetings engaged representatives from the Public Safety Officers Association as well as the attorney for the Vice Mayor.  He did allow questions from the public on clarity to make certain there was no confusion or misunderstandings.

Councilmember Walker opened the Public Hearing at 11:00 p.m.

Steve Fisk, President of the Sunnyvale Public Safety Officers Association, stated that while he is in support of many of the recommendations generated within the report of the Subcommittee, he is still troubled with many of the findings that led to those recommendations.  He stated that he does not see that any form of sanctions for the Vice Mayor would provide the appropriate assurances to Public Safety Officers of preventing this type of action from occurring in the future.  He further stated that the recommendations from the Subcommittee will hopefully work toward those guarantees.  Mr. Fisk stated the procedural guidelines outlined in State Law must be followed and offered the participation of the PSOA to develop a process to appropriately handle questions directed to staff. 

Connie Portele, a member of the public, advocated for the Council to accept the Subcommittee report. 

Leslie Laughton, a member of the public, recommended the Council approve the recommendations of the Subcommittee.  She stated it saddens her that this type of action appears to be politically motivated.

Michael Flores, candidate for Council, expressed concern whether the Forum Club was closed by request or demand.  He further expressed concerns that the PSOA was targeting a candidate that they were not supporting.

Nadia Holober, attorney for Vice Mayor Risch, thanked the Subcommittee for their work and opined this was not a rush to judgment given the lengthy four meetings that were held.  She advised Council not to put restrictions on a Councilmember’s right to ask questions through the City Manager.

Arley Marley, a member of the public, opined this was an election scheduled witch hunt and advocated that the timing of this subcommittee investigation be explored further.

Councilmember Walker closed the Public Hearing at 11:20 p.m.

Councilmember Vorreiter moved, and Councilmember Valerio seconded, to accept the report in its entirety and find that Vice Mayor Risch did not violate the City Charter, the Code of Ethics, nor the Code of Conduct and, when a new Council is elected, that they establish a workshop to develop clear and consistent policies and procedures for dealing with any programs or actions when they have questions for the City staff.  Further, that the Council approve alternatives number 4 and 5:

4.  The new Council is obligated to establish a workshop to develop programs, actions, policy and procedures to address these recommendations. Determine that there were process problems in this matter and direct the City Manager to evaluate and make appropriate alterations to existing processes for handling Council questions of staff as discussed in the report and listed below:

The Council may wish to give direction to the City Manager to review the process by which the Vice-Mayor’s questions were handled in Public Safety and determine what changes can be made to prevent this situation from occurring again. The Council could also request a report back detailing the changes.

The subcommittee recommends that the Council look at establishing additional Policies outlining processes to be followed when Councilmembers ask questions pertaining to various types of incidents so that citizen complaint procedures and employee rights, such as the Peace Officers' Bill of Rights, are adhered to. The Policies should include better checks and balances to determine if a line of questioning is more appropriately treated as a citizen complaint to be handled by internal procedures.

5. Determine that no violations were found under the City Charter or the Codes of Conduct and Ethics, but make additions or corrections to the Code of Ethics or Code of Conduct that give clearer direction to Councilmembers and staff concerning their responsibilities including:

The Council may wish to consider setting some reasonable guidelines in the Code of Conduct for when it is appropriate for a Councilmember to contact any member of staff, including the City Manager and the City Attorney.

The Council may wish to modify the Code of Conduct to indicate that responses to operational or policy questions raised outside of normal business hours should be expected no earlier than the next business day. Moreover, any question concerning ongoing operations cannot be answered until it is safe and practical to do so and does not jeopardize operational integrity.

The motion carried with Councilmember Howe abstaining.

At this juncture, Vice Mayor Risch returned to the dais.

Vice Mayor Risch thanked Councilmembers Walker and Valerio for their service to the City and completing the report.   He further thanked Councilmember Fowler for his participation on the Subcommittee.  He stated he accepts the conclusions in the report and will abide by its recommendations.  Vice Mayor Risch stated that he was not in violation of the City Charter, The Code of Conduct, or the Code or Ethics and pledged to work with the Council on the recommendations outlined in the report. Vice Mayor Risch recommended the following statement be added to the Code of Conduct: “A Councilmember has the right, per City Charter, to make an inquiry and ask questions regarding operations, including Public Safety, in order to better understand current and future policy implications.”

NON-AGENDA ITEMS & COMMENTS

COUNCIL

There were no comments.

STAFF

There were no comments.

ADJOURNMENT

At 11:44 p.m., on a motion by Councilmember Vorreiter and seconded by Councilmember Walker, the meeting was adjourned in recognition and respect for the life and contributions of Sally Hackett Connell, a paralegal in the City Attorney’s Office of the City of Sunnyvale.

Respectfully submitted,

Cathleen McKay, Interim City Clerk