MINUTES
SUNNYVALE CITY COUNCIL 
SEPTEMBER 30, 2003

 

 

The City Council of the City of Sunnyvale adjourned from a 5:00 p.m. Closed Session regarding Real Estate Negotiations – Town Center Mall as per G.C. Section 54956.8, to a 5:30 p.m. Closed Session regarding Personnel Matters – PSOA, COA Employees Labor Relations as per G.C. 54957.6, to a 6:30 p.m. Study Session regarding Overview of Proposed Program Restructures for Programs Managed by the Public Safety Department, and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, CA at 7:30 p.m. with Mayor Miller presiding. 

 

SALUTE TO THE FLAG

 

Peter Basset, Community Outreach Coordinator, led the salute to the flag.

 

ROLL CALL

PRESENT:

Mayor Julia Miller
Vice Mayor Tim Risch
Councilmember Pat Vorreiter
Councilmember Jack Walker
Councilmember Manuel Valerio
Councilmember John Howe

ABSENT:

Councilmember Fred Fowler (on City business)

Staff Present:

Robert LaSala, City Manager
Valerie J. Armento, City Attorney
Chuck Schwabe, Deputy City Manager
Robert Paternoster, Director of Community Development
Ernie Bakin, Director of Public Safety
Annabel Yurutucu, Housing Officer
Coryn Campbell, Neighborhood & Community Services Manager
Peter Basset, Community Outreach Coordinator
Jack Witthaus, Transportation and Traffic Manager
Gregory Kevin, Captain, Public Safety
Cathleen McKay, Interim City Clerk

*Pending Council approval

PUBLIC ANNOUNCEMENTS

 

Charles Wallin, a member of the public, requested next week’s agenda item for the Forum’s request for additional office space and more residential units be rescheduled to a later date.  Mayor Miller clarified that the Council date has been moved to October 14.

 

Linda Davis, representing the League of Women Voters in Sunnyvale, announced a web site for voter information at http://www.smartvoter.org/, as well as an easy voter guide that is available in the Library. Ms. Davis stated a candidate forum for Sunnyvale candidates will be held in Council Chambers on October 16 and it will not be televised.  In response to Councilmember Howe, City Manager LaSala stated the Sunnyvale forum will be televised.

 

IrisAnn Nelson, a member of the public and residing in the Birdland Neighborhood, stated she just completed the SNAP (Sunnyvale Neighborhood Assistance Program) and thanked staff and the volunteers for this great program.

 

Mayor Miller announced that the Planning Commission will address Downtown Specific Plan Update and Zoning at their Monday, October 6 meeting, and it is agendized for Council review on Tuesday, October 14.

 

Mayor Miller congratulated the Department of Public Safety who participated in the Sheriff’s Department “Best in the West” competition and took first place.

 

Mayor Miller announced the Sunnyvale School District Annual Fund Raiser on October 9 at 6:30 p.m. at the Del Monte Building.

 

Mayor Miller thanked Lieutenant Carlyle for leading the Sunnyvale SWAT team.

 

Vice Mayor Risch announced the Council met in Closed Session regarding and Real Estate Negotiations – Town Center Mall G.C. Section 54956.8, and Personnel Matters – PSOA, COA Employees Labor Relations G.C. 54957.6 Direction was given but no action was taken.

 

CONSENT CALENDAR

 

Dave Simons, a member of the public, requested item 1.H. be pulled from the Consent Calendar and considered separately.  Councilmember Howe requested the report on Narcotics Enforcement (RTC-03-341) under Information Items be pulled and discussed separately.  Thom Mayer, a member of the public, requested item 1.F. be pulled from the Consent Calendar and considered separately.  Vice Mayor Risch moved, and Councilmember Howe seconded, to approve the Consent Calendar with the exception of items 1.F. and 1.H.  The motion carried unanimously.

 

1.A. - Approval of Draft Minutes (September 23, 2003)

 

1.B. - Approval of Information/Action Items - Council Directions to Staff

 

Fiscal Items

 

1.C. - RTC 03-338 List of Claims and Bills Approved for Payment by the City Manager (List No. 163)

 

Staff Recommendation: Review the attached list of bills.

 

1.D. - RTC 03-333 Authorization to Accept a State OES Grant for the Public Safety Department, Hazardous Materials Unit and Budget Modification No. 11

 

Staff Recommendation: Authorize acceptance of $10,000 OES grant and creation of a Special Project to administer the grant, and approve Budget Modification No. 11.

 

Contracts

 

1.E. - RTC 03-334 Award of Contract for Automotive Parts and Supplies (No. F0309-16)

 

Staff Recommendation: Award a three-year contract, in an amount not to exceed $250,000, to One Stop Peninsula for automotive parts and supplies and authorize the Purchasing Officer to issue a Blanket Purchase Order to that effect.

 

Other Items

 

1.F. - RTC 03-339 Proposed Program Outcome Statement, Program Outcome Measures, and Weighting for the Neighborhood and Community Services Management Program

 

Chuck Schwabe, Deputy City Manager, presented a brief staff report.

 

Mayor Miller opened the Public Hearing at 7:45 p.m.

 

Thom Mayer, a member of the public, inquired if 50 percent of households with children rate Sunnyvale as providing a high quality of life for your and families should be higher.  He would like to see this data split up by neighborhoods.  Coryn Campbell, Neighborhood and Community Services Manager, responded the reason this is set at 50 percent is because this is a new question and staff does not have a sense of what the baseline is.  Deputy City Manager Schwabe stated this question would be broken down into six geographic neighborhoods and would be analyzed for consistency across neighborhoods.  Staff could establish a minimum threshold for all neighborhoods.

 

Councilmember Walker inquired if the program outcome could be revised to state 50 percent across all neighborhoods.  Deputy City Manager Schwabe responded that if this is Council’s direction, staff can restructure the outcome measure.

 

Mr. Mayer opined that that there needs to be measurement on the health of neighborhood associations.

 

Councilmember Walker expressed concern over program outcomes.  Deputy City Manager Schwabe responded outcome management is designed to allow Council to set policy on the results that each program should be producing.  Once Council does that, it is staff’s job to identify how staff will create those results.  The activities were included to give a better understanding of what staff would be doing to achieve the results that are described in the outcome measures.

 

Councilmember Walker inquired if staff met with the neighborhood associations to discuss the outcome measures.  Ms. Campbell responded she does not believe these were discussed with the neighborhood associations.

 

Councilmember Howe inquired if these are the same six districts that Neighborhood Preservation uses.  Deputy City Manager Schwabe responded they are.

 

Councilmember Howe stated he would like to sponsor a study issue to evaluate the neighborhood associations to see what potential effectiveness they have, which would include inventory the associations, what they have been able to accomplish, and see where associations are not established.

 

Mayor Miller closed the Public Hearing at 8:05 p.m.

 

Councilmember Walker moved, and Councilmember Howe seconded, to approve the proposed program outcome statement, outcome measures, and weighting for the following program: Neighborhood and Community Services Management with the exception of the proposed outcome measure 2, 50 percent of households with children rate Sunnyvale as providing a high quality of life for your and families, to be broken down by the six neighborhoods.

 

Councilmember Howe offered a friendly amendment to change the rating for outcome number 2 from a weighting of 3 to 4, and for item 6, to drop the weighting from a 5 to a 4.  The amendment was accepted.

 

 The motion carried unanimously.

 

1.G. - RTC 03-336 VTA Community Design and Transportation Program Endorsement - Study Issue

 

Staff Recommendation: Approve the endorsement statement of the Santa Clara Valley Transportation Authority Community Design and Transportation Program. Direct staff to review the Community Design and Transportation Manual annually so that new policies, programs, or standards that might enhance the City’s transportation and land use integration activities can be brought before the City Council for consideration as part of the annual Study Issue process.

 

1.H. - RTC 03-340 Approval of Sunnyvale Priorities for Valley Transportation Plan 2030 Local Streets and County Roads Program

 

Jack Witthaus, Transportation and Traffic Manager, presented a brief staff report.

 

Mayor Miller opened the Public Hearing at 8:10 p.m.

 

Dave Simons, a member of the public, addressed item 3 in Attachment A regarding Mathilda/237 Corridor Improvements.  He opined this project should be red flagged for future consideration because of the effects of offloading traffic onto a residential streets, and the impact on the City traffic mitigation requirements is high.  Mr. Simons reviewed impacts on other projects.

 

Vice Mayor Risch stated that Council is looking at all possible alternatives.

 

Thom Mayer, a member of the public, encouraged the Council to consider capacity improvements on Highway 85, Sunnyvale-Saratoga Road, Mathilda Avenue and Lawrence Expressway.  He further requested to not add any capacity improvements that will facilitate cross valley traffic.

 

Mayor Miller closed the Public Hearing at 8:15 p.m.

 

Councilmember Valerio moved, and Vice Mayor Risch seconded, to approve priority major transportation projects for consideration of inclusion in the VTP 2030 Local Streets and Roads Program according to adopted and pending City plans and programs; commit to provide future local matching funds as outside funding becomes available; and authorize the City Manager to submit the project priority list to the Santa Clara Valley Transportation Authority.  The motion carried unanimously.

 

1.I. - RTC 03-335 Approval of Final Map - Danbury Place - Tract No. 9506

 

Staff Recommendation: Approve the final map, accept the public street dedication shown on the map, certify the vacation of a portion of the public utility easement, execute the subdivision agreement, and accept the surety bonds for Tract No. 9506.

 

CITIZENS TO BE HEARD

 

There were no public comments.

 

PUBLIC HEARINGS/GENERAL BUSINESS

 

2. - RTC 03-332 Recommended Guidelines for a Resident Selection Plan and Initial Rents for the Below Market Rate Housing Programs

 

Annabel Yurutucu, Housing Officer, presented the staff report.   She stated that staff proposes to periodically open and close a single Waiting List for BMR (Below Market Rate) housing and allocate a range of preference points according to the characteristics contained in the Resident Selection Plan.  The total points scored will determine an applicant’s position on the list.  She stated initial rents are calculated based on HUD Area Medium Income for the San Jose Metropolitan Statistical Area and utilizing the City of Sunnyvale Rent and Vacancy Survey Report.  Proposed initial rents for units in the BMR program are as follows: Studio - $668, one bedroom - $840, two bedroom – $1,068, three bedroom $1,472.

 

Councilmember Howe inquired if Camino Medial Group would fall under the Preference due to Employment category.  Ms. Yurutucu responded they would fall into that category, with the exception of doctors and professionals.

 

Councilmember Vorreiter inquired how the BMR rates are assured to be below the fair market rate with dropping rental rates.  Ms. Yurutucu responded they have already signed agreements with existing developments that cannot be renegotiated.

 

Councilmember Vorreiter inquired when the report refers to school districts, should the school districts that are appropriate be defined.  Ms. Yurutucu  responded this would refer to schools with the majority of Sunnyvale residents attending.

 

Councilmember Walker inquired what staff’s proposal is to deal with units that have BMR rates higher that the current market rate.  Ms. Yurutucu responded for new developments, rents are established at 65 percent of the area medium income (AMI) and a City of Sunnyvale Rent and Vacancy Survey, and staff would take whichever is lower.  She reiterated the City could not renegotiate a contract with existing developments, but can limit increases on BMR units.

 

The Council entered into a discussion regarding BMR rental rates being at or above market rates and how to move forward.  Ms. Yurutucu responded they have implemented the limitation on rent increases and established a base rent based on factors other than medium rent.

 

City Attorney Armento requested that staff have the opportunity to study the language in contracts to add a negative increase clause based on market changes.  Councilmember Howe added that concept of rents was addressed in Proposition 13 and encouraged staff to look into that concept.

 

Mayor Miller opened the Public Hearing at 8:40 p.m.

 

Michael Flores, Council candidate, advocated for including a clause in the contract that a BMR rate can be reduced given market conditions.

 

Nancy Smith, Vice Chair of the Housing and Human Services Commission, stated the proposal does address some of the issues raised by Council, and this proposal will make housing more affordable in the long term.  The Housing and Human Services Commission supports this proposal.

 

Ron Swegles, Council candidate,  opined that caution needs to be taken in lowering the BMR rates because there are restrictions in place on how much rents can be raised.

 

Mayor Miller closed the Public Hearing at 8:44 p.m.

 

Councilmember Vorreiter moved, and Vice Mayor Risch seconded, to approve the recommended Resident Selection Plan for the BMR Program and procedures for establishing initial rents of BMR rental units.

 

Councilmember Walker offered a friendly amendment for staff to go back and look at the wording in contracts to allow for economic downturn reductions.  The amendment was accepted.

 

 The motion carried unanimously.

 

3. - RTC 03-331 Feasibility of Providing a One-Stop Resource Center for Child Care Providers and Parents

 

Kristen Nigriny, Child Care Services Manager, presented the staff report.  She stated the purpose of establishing a one-stop center in Sunnyvale is to positively impact the quality of life for the children of Sunnyvale and surrounding communities by providing a wide range of resources for child care providers and parents.  Ms. Nigriny reviewed the vision and options for providing the One-Stop Resource Center, potential collaborators, and the role of the City’s Child Care Program. 

 

Mayor Miller opened the Public Hearing at 8:50 p.m.

 

IrisAnn Nelson, speaking on behalf of the Sunnyvale Child Care Network, spoke in support of the staff recommendation.

 

Michael Flores, Council candidate, spoke in support of the staff recommendation and recommended that this facility provide a listing of all child care providers.

 

Mayor Miller closed the Public Hearing at 8:53 p.m.

 

In response to Councilmember Vorreiter, Ms. Nigriny stated Palo Alto Community Child Care and Choices for Children currently receive funding from their City but rely on grant funding and donations and serve as potential models.

 

Mayor Miller moved, and Councilmember Vorreiter seconded, to direct City staff to act in an advisory capacity with child care related agencies to leverage resources and apply for grant funding to develop and maintain a non-profit one-stop resource center independent of the City of Sunnyvale.  Staff will update Council on the progress of developing the center in October 2004.  The motion carried unanimously.

 

4. - RTC 03-337 Pre-Appeal of the Planning Commission Agenda of October 13,  2003 and Administrative Hearing Agenda of  October 15, 2003

 

No action was taken.

 

5. - RTC 03-341 Narcotics Enforcement Update

 

Ernie Bakin, Director of Public Safety, assisted by Greg Kevin, Public Safety Captain, presented a brief staff report outlining the department restructure related to the removal of the Narcotics Officer and the processes that are in place to respond to complaints.  He advocated for citizens to call 254-DRUG or 730-7120 with complaints.

 

Councilmember Howe inquired if the Department of Public Safety monitors the cases that are given to the County Task Force and are they being resolved in a timely manner.  Director Bakin responded they do monitor the cases, but the Task Force handles more complex cases that are not as easily resolvable.

 

Councilmember Howe inquired if patrol effectiveness is being monitored.  Chief Bakin responded that the results are difficult to evaluate since there may or may not have been a problem. 

 

Councilmember Howe inquired if the two detectives’ time is monitored and how effective they are.  Chief Bakin responded neither of those detectives are working on narcotics cases to date.

 

Councilmember Howe inquired how DPS monitored the effectiveness of officers last year compared to this year.  Chief Bakin responded they have a sub SDP that relates to narcotics investigation, but it is really a process management tool and does not measure effectiveness.  They do not have an outcome measure.  Chief Bakin stated they look at the number of cases in vice and narcotics trends and have seen a drop in activity.

 

Councilmember Walker inquired if staff is not measuring effectiveness, how do they know they are effective and what can be done to monitor this.  Chief Bakin responded they can look at case effectiveness.  Councilmember Walker stated there is a need to follow up with complainants. 

 

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

 

Michael Flores, Council candidate, expressed concern regarding costs of moving an officer to another agency, priorities, the statistics, and effectiveness.

 

Thom Mayer, a member of the public, expressed concern for quality of life in the neighborhoods.  He inquired how many drug houses have been shut down with an arrest.  Chief Bakin responded the perception of what a drug house is differs.  

 

Melinda Hamilton, a member of the public, expressed concern over the absence of a dedicated narcotics officer and the removal of measurement systems.

 

Mayor Miller closed the Public Hearing at 9:30 p.m.

 

Vice Mayor Risch inquired if there were benefits in participating in the County Task Force and if the reductions that were made were based on Public Safety’s recommendations.  Chief Bakin responded they do get a benefit from the County Task Force and the reductions made were recommended by Public Safety.

 

Vice Mayor Risch inquired if Sunnyvale has adequate resources to maintain Sunnyvale as a safe place.  Chief Bakin responded they should be able to provide a similar level of service that was provided last year with assistance from the County Task Force, but last year they had a reduced service level.

 

Councilmember Howe requested that Council direct the City Manager consult with the Director of Public Safety and the Deputy City Manager, and return to Council in three weeks with a plan to develop measurements of narcotics enforcement levels.  This was approved by consensus of the Council.

 

NON-AGENDA ITEMS & COMMENTS

 

COUNCIL

 

Mayor Miller inquired when the new financial Red Flag Report will be received by Council. Deputy City Manager Schwabe responded it would be in the November/December timeframe.

 

STAFF

 

There were no comments.

 

ADJOURNMENT

 

Mayor Miller declared the meeting adjourned at 9:40 p.m.

 

 

Respectfully submitted,

Cathleen McKay, Interim City Clerk