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APPROVED MINUTES*
SUNNYVALE CITY COUNCIL
August 9, 2005
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The City Council of the City of Sunnyvale adjourned from a 4:00 p.m. Special Meeting – Closed Session regarding a Conference with Labor Negotiators pursuant to Government Code 5495.6, Labor Negotiator: Erwin Young, Director of Human Resources; Employee Organizations: Service Employees International Union (SEIU) Local 715 and Sunnyvale Employees Association (SEA); and from a 5:30 p.m. Special Meeting – Study Session regarding Department of Public Safety Best Practices, and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:07 p.m., with Mayor Chu presiding. |
SALUTE TO THE FLAG
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Mayor Chu led the salute to the flag. |
ROLL CALL
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PRESENT: |
Mayor Dean J. Chu
Vice Mayor Ron Swegles
Councilmember Fred Fowler
Councilmember Julia Miller
Councilmember John Howe
Councilmember Melinda Hamilton
Councilmember Otto Lee
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ABSENT: |
NONE
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STAFF PRESENT: |
Robert Walker, Assistant City Manager
David Kahn, City Attorney
Don Johnson, Director of Public Safety
Mary Bradley, Director of Finance
Marvin Rose, Director of Public Works
Trudy Ryan, Planning Officer and Acting Director of Community Development
Erwin Young, Director of Human Resources
Deborah Barrow, Library Director
David Lewis, Director of Parks and Recreation
Charles Schwabe, Deputy City Manager
Barbara Keegan, City Engineer
Doug Mello, Superintendent of Streets and Trees
Leonard Dunn, Urban Landscape Supervisor
Tim Kirby, Revenue Systems Supervisor
Tammy Parkhurst, Human Resources Manager
Myriam Castaneda, Human Resources Supervisor
Katherine Bradshaw Chappelear, City Clerk
| CLOSED SESSION REPORT
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Vice Mayor Swegles reported there was direction given but no action taken at the Closed Session held on August 9, 2005 at 4:00 p.m. pertaining to: Conference with Labor Negotiators pursuant to Government Code 5495.6, Labor Negotiator: Erwin Young, Director of Human Resources; Employee Organizations: Service Employees International Union (SEIU) Local 715 and Sunnyvale Employees Association (SEA). |
PUBLIC ANNOUNCEMENTS
- Councilmember Fowler announced applications are now being accepted through September 1 for the Fall session of the next CitySkills program which teaches participants how to work effectively with local government and those interested should contact Michelle Bromstead, Community Outreach Coordinator, at 408-730-7472 or visit the City’s website at www.sunnyvale.ca.gov for more information or an application.
- Phyllis Fowler, a member of the board of Leadership Sunnyvale, announced they are recruiting for new members and there will be an informational open house on August 10, from 5:00 p.m. to 7:00 p.m. at the Sunnyvale School District Offices or information and an application can be found on their website at www.leadershipsunnyvale.org.
| CONSENT CALENDAR
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Councilmember Howe requested item 1.D be removed.
Mayor Chu, on behalf of Amy Chan, City Manager, requested items 1.H and 1.I be removed and continued to the regularly scheduled Council Meeting on August 23, 2005.
Vice Mayor Swegles moved and Councilmember Howe seconded to approve the Consent Calendar, with exception of Items 1.D, 1.H, and 1.I. The motion carried unanimously 7-0. |
Fiscal Items
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1.C. |
MOTION
RTC 05-237 |
List of Claims and Bills Approved for Payment by the City Manager (List Nos. 256, 257 and 258 )
Staff Recommendation: Review list of bills.
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1.D. |
MOTION
RTC 05-236 |
City of Sunnyvale Investment Report 2nd Quarter 2005
Staff Recommendation: City Council receives and files the investment report. |
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Mary Bradley, Director of Finance, presented the 2nd quarter investment report.
Councilmember Howe noted a decrease in earnings in certain areas and suggested that staff consider moving some of the City’s funds into investments or accounts that will realize a higher yield over a longer period of time and staff concurred.
Mayor Chu opened the public hearing at 7:16 p.m. and there being no public testimony, closed the public hearing at 7:17 p.m.
Councilmember Howe moved and Councilmember Miller seconded to approve item 1.D. The motion carried unanimously 7-0.
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1.E. |
MOTION
RTC 05-232 |
Approval of NOVA Local Workforce Investment Area Five-Year Strategic Local Plan Modification for FY 2005/06
Staff Recommendation: Council, on behalf of the NOVA seven-city consortium, approves Alternative No. 1: Approve the five-year strategic local plan modification for program year 2005/06. |
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1.F. |
MOTION
RTC 05-233 |
Authorization for Department of Employment Development to Accept Second-Year Homeless Veterans Reintegration Project Funding in the Amount of $275,000 for FY 2005/06
Staff Recommendation: Council, on behalf of the NOVA seven-city consortium, approves Alternative No. 1: Acceptance of $275,000 in Homeless Veterans Reintegration Project funds and authorizes the award of a contract in the amount of $261,250 to Vietnam Veterans of California, Inc. to provide program services. The grant balance of $13,750 is for NOVA program management expenses. |
Personnel
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1.G. |
RESOLUTION
NO. 177-05
RTC 05-234 |
Amendment to the City of Sunnyvale 457 Deferred Compensation Plan
Staff Recommendation: Council approve Alternative #1: Adopt amendments to three sections of the Deferred Compensation Plan: Section 2(I) to amend the definition of Unforeseeable Emergency, to clarify language to conform to current Internal Revenue Code (IRC) regulations; Sections 3(b), 8(a) and 8(c) to amend the application process and procedures for Unforeseeable Emergency; and to add Section 12(C) to allow for Permissive Service Credit Transfers. |
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1.H. |
RESOLUTION
RTC 05-230 |
Adoption of Service Employee International Union (SEIU) Local 715 Memorandum of Understanding and Amendment to the Salary Resolution
Staff Recommendation: Council approves Alternative #1: Adopt the Memorandum of Understanding with the Service Employees International Union, Local 715 (SEIU), and adopt the related Salary Resolution Amendments as proposed. |
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*1.H was removed from Consent Calendar and continued to the regularly scheduled Council Meeting of August 23, 2005. |
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1.I. |
RESOLUTION
RTC 05-231 |
Amendment to the City's Contribution of PERS Medical Insurance for SEIU Annuitants (Retirees)
Staff Recommendation: Council approve Alternative #1: Adopt resolution amending City's contribution for medical insurance with PERS to conform to Public Employees' Medical and Hospital Care Act, and to amend Salary Resolution to reflect change in contribution PROVIDED that the Memorandum of Understanding between the City and SEIU is approved by City Council. |
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*1.I was removed from Consent Calendar and continued to the regularly scheduled Council Meeting of August 23, 2005. |
Contracts
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1.J. |
MOTION
RTC 05-227 |
Award of Bid No. F0406-73 for Asphaltic Materials for Street Maintenance and Repair
Staff Recommendation: Council award one-year blanket purchase orders in substantially the same form as the attached drafts, to Granite Rock Company, Raisch Products and Reed & Graham, Inc. for asphaltic materials. |
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1.K. |
MOTION
RTC 05-229 |
Award of Bid No. F0404-58 for Ruggedized Mobile Data Computers to be installed in Public Safety Vehicles.
Staff Recommendation: Council award a contract, in substantially the same form as the attached draft and in an amount not to exceed $237,398, to Raymar Information Technology, Inc., for thirty-nine Itronix GoBook III Ruggedized Mobile Data computers and accessories. |
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1.L. |
MOTION
RTC 05-240 |
Award of Bid No. 0405-63 for the Construction of an Automated System to Collect and Treat Landfill Gas Condensate and Approval of Budget Modification No. 4
Staff Recommendation: Council action to: 1. Award a contract, in substantially the same form as the attached draft and in an amount not to exceed $449,300 to Shaw Environmental, Inc.; 2. Authorize a project contingency in an amount not to exceed $67,393; and 3. Approve Budget Modification No. 4. | Other Items
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1.M. |
RESOLUTION
NO. 178-05
RTC 05-204 |
Authorization for Filing 2005 Transportation Fund for Clean Air (TFCA) Grant Program Proposal and Authorization for City Manage to Execute Required TFCA Agreements
Staff Recommendation: Council approve Alternative #1: Adopt a resolution as shown in Attachment A to authorize filing of 2005 TFCA applications and authorize the City Manager to execute any TFCA agreements if funding is received. Staff believes that the grant request for the Evelyn Avenue Bicycle Lane: Phase 2 project will be a competitive project in the TFCA grant program. |
CITIZENS TO BE HEARD
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Mayor Chu opened the Citizens to be Heard at 7:18 p.m.
Barry Warmkessel, a member of the public, brought to Council's attention a matter that was brought up, but not addressed, at the City Council meeting on July 12 during the hearing on the Walgreen's project, regarding a use permit that would allow Pet Smart to relocate their trash bins to an area that would be closer to the residential homes and the residents' concerns over the proximity and the pests and rodents the trash attracts. Staff responded to questions from Council and Trudy Ryan, Planning Officer and Acting Director of Community Development, offered to look into the matter and report back to council.
Michael Gutierrez, a member of the public, spoke on behalf of a young woman he does not know personally but has noticed she is in need of a handicapped ramp on the corner of North Murphy Avenue and Hendy and advised council she currently has to cross the street diagonally and has almost been hit by a car. Mr. Gutierrez outlined his unsuccessful attempts to have a ramp installed by the City or installed through the use of donated work and funds. Councilmember Howe reported that after speaking with Mr. Gutierrez at a recent Heritage District Neighborhood Association meeting, he contacted the City Manager about the problem. Councilmember Howe announced that because there is public transportation and businesses located in the area there is a need for a handicapped ramp on that corner and construction of the ramp will be included in a group of projects that will be put out for bid in September.
Walter Bacharowski, a member of the public, drew Council's attention to gang-like activity that takes place on West Washington Avenue, between Acalanes and Bernardo, where groups of young men gather to loiter, play loud music and race their cars up and down the streets. When asked to stop, they threaten and harass the residents. Although the situation improved a little after complaints were made to the Police Department, the gang-like activity still exists and Mr. Bacharowski suggested the police escalate their presence and efforts. Mayor Chu called Don Johnson, Director of Public Safety, forward and asked him to meet with Mr. Bacharowski in the lobby outside of Council Chambers to discuss the matter in more detail and come up with a plan of action.
Ms. Toni Pacini, a member of the public, stated she was here to raise the same issues as Mr. Bacharowski. She stated that she and her neighbors many times have been afraid and anxious about the gang-like activity taking place in their neighborhood and it appears to her there are two gangs hanging out in the area that bully, batter and verbally abuse the residents. Ms. Pacini responded to questions from Council and Mayor Chu suggested she join Mr. Bacharowski in the lobby and share her information with the Director of Public Safety.
Ron Gilbert, a member of the public who addressed the Council at the July 19 meeting regarding a parking citation he had received over the location of his motor home parked on his corner lot property, expressed his appreciation and thanked the Mayor, Vice Mayor, Councilmembers, City Manager Amy Chan, and City employee Christy Gunvalsen for their help in quickly resolving the issues surrounding the citation and also thanked his neighbors for their support.
Tim Risch, former vice mayor and member of the public, informed Council that he participated in National Night Out last Tuesday and attended all 8 of the neighborhood events that were held in Sunnyvale and commended everyone who participated on the wonderful demonstration of community spirit and togetherness that was exhibited throughout the City.
Public testimony was completed and Mayor Chu closed Citizens to be Heard at 7:37 p.m. |
PUBLIC HEARINGS/GENERAL BUSINESS
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2. |
MOTION
RTC 05-228 |
Liquidambar Street Trees – Nuisance Fruit Problem – Study Issue
Staff Recommendation: Council approve Alternative #1: Maintain the current policy which requires property owners to maintain the litter in the public right-of-way that is generated by city trees. When trees have been determined by the City Arborist to be unhealthy or are diseased and are a physical hazard, they shall be removed and replaced with an alternate tree species other than the existing species, Liquidambar styraciflua.
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Doug Mello, Superintendent of Streets and Trees, presented the staff report and responded to questions from Council regarding: the size and scale of the replacement trees; the difficulties with picking up and removing the fallen liquidambar balls; other species of City trees; chemical treatments used; tree removal options; removal and replacement costs; the permit process, the impact on the City's landscape; liability issues; and Municipal Code requirements.
Mayor Chu opened the public hearing at 7:50 p.m.
Robert Harms, vice president of the Panama Park Neighborhood Association who has lived on Glen Cove Court for 42, stated his opinion that the fruit balls and tree roots are a hazard to residents in the neighborhood, particularly children, and cause damage to the sidewalks and sewage lines; and he does not think individual homeowners should be held legally liable for trees they never requested and were planted by the City.
Michael Rose, a member of the public, stated the City should notify the homeowners individually by letter of their responsibility for cleaning-up the debris caused by the liquidambar trees; outlined damage to the sidewalk and sewer system at his father’s home caused by the liquidambar tree's roots; questioned the homeowner’s liability, and expressed his opinion that the City promised to care for and maintain the trees at the time they were planted and that promise should be kept by the present City Council.
Tap Merrick, a member of the public, who mailed Council a letter with samples of the liquidambar balls, brought up liability issues and expressed his concern for senior citizens in his neighborhood who have slipped and fallen and injured themselves on the liquidambar balls; suggested the City adopt a policy for removal and replacement of the trees over a 10 to 15-year period; and responded to questions from Council. Vice Mayor Swegles asked for and received clarification from the City Attorney regarding the liability issues. Staff answered questions from Council regarding: removal and replacement costs of these and other species of trees; the criteria for removal; the permit process; and the size and growth rate of various species of replacement trees.
Harriett Rowe, a member of the public, shared her experience of when she slipped and fell on liquidambar balls on New Years Eve and hurt both of her knees; expressed her concerns for the elderly; commented on the liability issues that have been raised; and inquired about the cost of the supplemental street sweeping offered by staff as one of the alternatives for Council to consider.
Werner Gans, a member of the public, informed Council: he walks 2 miles a day but had to quit walking in his neighborhood because of the number of liquidambar balls on the streets and sidewalks; that he had heard from a number of people who said they had fallen and injured themselves on liquidambar balls; suggested Council contact the academic community for their input; stated his opinion that if homeowners must remove the trees at their expense then the City should provide replacement trees at no cost to the homeowner; and suggested that as the City’s funding situation improves over the years, the City should bear the entire cost of removal and replacement.
Public testimony completed; Mayor Chu closed the public hearing at 8:31 p.m.
Council discussed the issues and directed questions to the City Attorney and other members of staff regarding: the hazards of and complaints about liquidambar; other species of trees; nuisance vs. safety concerns; the aesthetic impact of removing a mature tree; cost of removal and replacement; the financial impact on lower income citizens; levying assessments; schedule for removal; pruning and spraying of trees; the permit process and criteria for issuing permits; and clarification of the Municipal Code requirements.
Councilmember Lee moved and Councilmember Fowler seconded to approve Alternative No. 7: Allow individual property owners to remove any size City Liquidambar street tree adjacent to their property and replace the tree with an approved alternative species planted as a thirty-six inch standard nursery boxed sized tree with all expenses paid by the property owner. Removal shall require an approved tree work permit issued by the Superintendent of Trees and Landscaping. (No budget impact.).
Councilmember Fowler offered a friendly amendment to also direct staff to return to Council with options for easing permit requirements (such as accepting all permit applications received by the City) and recommended limiting the number of trees to be removed per year.
Motion carried 6-1 with Councilmember Miller dissenting.
Mayor Chu moved and Councilmember Howe seconded to increase the removal limit as funds become available and to identify this item as an annual budget issue. Vice Mayor Swegles offered a friendly amendment to have staff consider developing criteria for citizens who cannot afford to have their trees removed. Mayor Chu and Councilmember Howe accepted the friendly amendment.
Councilmember Miller offered a substitute motion to limit the criteria to financial hardship only and available funds go to those cases. Motion died due to lack of a second.
Motion carried 5-2 with Councilmember Miller and Councilmember Hamilton dissenting.
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Mayor Chu announced the names of the City's two new directors: David Lewis, Director of Parks & Recreation, and Erwin Young, Director of Human Resources.
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3. |
RESOLUTION
NO. 179-05
RTC 05-226 |
Adoption of a Resolution Vacating a Portion of Garland Avenue
Staff Recommendation: Council approve Alternative No. 1 and No. 2: Adopt the resolution vacating a portion of Garland Avenue subject to conditions for emergency vehicle and pedestrian access; and authorize the City Clerk to cause a certified copy of the resolution to be recorded with the County Recorder's Office when the conditions have been satisfied. Communicate to the County Board of Supervisors the City's strong support for joint use of the site for affordable senior citizen housing.
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Barbara Keegan, City Engineer, presented the staff report and responded to questions (with assistance from Trudy Ryan, Planning Officer and Acting Director of Community Development) regarding: land use authority; anticipated low-income housing project by County; other public uses; location of right-of-way; and access for public and emergency vehicles.
Mayor Chu opened the public hearing at 9:37 p.m.
Larry Jenkins, Santa Clara County Facilities Director, made a statement about the need for the medical facility the County is proposing to build on this site; the County's long-range plans; discussions they have had with Charities Housing to develop affordable senior housing adjacent to the new medical facility; and he responded to questions from Council about the land and plans for developing affordable senior housing.
Chris Lock, of Charities Housing, outlined the need for affordable senior housing next to the health clinic and asked Council to support the project by writing a letter to the Santa Clara County Board of Supervisors; and he responded to questions from Council regarding the feasibility and funding for the project.
Tony Spitaleri, a member of the public, stated he supports of staff recommendation of Alternative Nos. 1 and 2; supports the development of affordable senior housing as part of the project; and encouraged Council to keep an open dialogue going with the County and the County's Board of Supervisors.
Public testimony completed and Mayor Chu closed the public hearing at 9:41 p.m.
Mayor Chu asked Larry Jenkins, County Facilities Director, if he would like to make a closing comment and Mr. Jenkins declined.
Vice Mayor Swegles moved and Councilmember Miller seconded to accept staff recommendation and approve Alternative No. 1 and No. 2: Adopt the resolution vacating a portion of Garland Avenue subject to conditions for emergency vehicle and pedestrian access; and authorize the City Clerk to cause a certified copy of the resolution to be recorded with the County Recorder's Office when the conditions have been satisfied. Communicate to the County Board of Supervisors the City's strong support for joint use of the site for affordable senior citizen housing. The motion carried 7-0. |
NON-AGENDA ITEMS & COMMENTS
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COUNCIL: |
Councilmember Howe stated he has been approached by members of the community regarding the impact of AB 438 which is related to Megan’s Law and asked that the matter be placed on the agenda for the next meeting to consider adopting a resolution in support. Robert Walker, Assistant City Manager, informed Council that the City Manager was aware of interest in this bill and the City Manager would like the opportunity to look into alternative courses of action to address this legislation and report back to Council. Councilmember Howe accepted the suggestion and withdrew his request.
Councilmember Miller asked staff about her Bay Area Economic Forum request to send support letters and Robert Walker, Assistant City Manager, indicated staff would check into it and report back to Councilmember Miller.
Councilmember Miller expressed her concern about diseased trees on San Juan Street near San Miguel School and the possibility of the disease spreading to trees in other neighborhoods and asked that staff to check into the problem.
Councilmember Miller provided information regarding the “Spare the Air Day Campaign” and instances of when the air in Sunnyvale exceeded Clean Air Standards.
Councilmember Miller informed the Council that the Santa Clara County Ethics Commission has been disbanded. She suggested that Council consider establishing a standing ethics committee for the City of Sunnyvale.
Mayor Chu indicated he would take the suggestion under advisement to create an ad hoc committee to address issues that may come up during the current election process and request a study session to discuss the creation of a standing committee.
Councilmember Hamilton suggested Council agenize consideration of SCA 15 (Eminent Domain) and SB 521 (high density housing/transit stations). Robert Walker, Assistant City Manager, indicated staff would look into this legislation along with AB 438 and the City Manager would report back to Council.
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STAFF: |
None | INFORMATION ONLY ITEMS – Received and Filed
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RTC 05-239, Appeal of the Planning Commission Agenda of July 25, 2005
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| ADJOURNMENT
Councilmember Howe moved and Mayor Chu seconded by acclamation to adjourn the meeting in honor of Victoria Kirkish, a 58-year Sunnyvale resident and business owner who was active within her church and the community, and there was a moment of silence in her honor.
There was no further business and Mayor Chu closed the City Council meeting at 10:06 p.m.
Katherine Bradshaw Chappelear
City Clerk |
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