APPROVED Minutes

SUNNYVALE CITY COUNCIL MEETING

TUESDAY, JUNE 5, 2007

 

 

5 P.M. SPECIAL COUNCIL MEETING (Joint Study Session with Board of Library Trustees) - Sunnyvale Library of the Future Study and Strategy Preferred Facility Strategy and Funding Options

 

6:15 P.M. SPECIAL COUNCIL MEETING (Closed Session) - Public Employee Informal Performance Evaluation, City Attorney, Pursuant to Government Code Section 54957

 

7 P.M. REGULAR MEETING

 

SALUTE TO THE FLAG

 

Mayor Lee led the salute to the flag.

 

ROLL CALL

 

PRESENT:

Mayor Otto Lee

Vice Mayor Anthony Spitaleri

Councilmember John Howe

Councilmember Dean J. Chu

Councilmember Ron Swegles

Councilmember Melinda Hamilton

Councilmember Christopher Moylan

 

ABSENT:

None

 

STAFF PRESENT:

Amy Chan, City Manager

Robert Walker, Assistant City Manager

David Kahn, City Attorney

Mary Bradley, Director of Finance

Don Johnson, Director of Public Safety

Dieckmann Cogill, Senior Transportation Planner

Jack Witthaus, Traffic and Transportation Manager

David Lewis, Director of Parks and Recreation

Marilyn Crane, Manager of Technology Services

Leonard Dunn, Urban Landscape Supervisor

Marvin Rose, Director of Public Works

Erwin Young, Director of Human Resources

Katherine Bradshaw Chappelear, City Clerk

 

SPECIAL ORDER OF THE DAY

 

Ceremonial Oath of Office for New Child Care Advisory Board Member Mary Smith.

 

SPECIAL ORDER OF THE DAY

 

National Anthem Project Day.

 

PUBLIC ANNOUNCEMENT

 

Councilmember Moylan announced on June 20, 2007 the City of Sunnyvale’s Purchasing Division will host a local business showcase.

 

Councilmember Howe announced Sunnyvale’s long-time residents will be honored on June 6.

 

CLOSED SESSION REPORT FOR JUNE 5, 2007

 

Vice Mayor Spitaleri reported earlier this evening Council met in closed session pertaining to: Public Employee Informal Performance Evaluation, City Attorney, Pursuant to Government Code Section 54957.

 

Vice Mayor Spitaleri reported that no direction was given and no action taken.

 

Mayor Lee reopened public announcements.

 

PUBLIC ANNOUNCEMENTS (Cont.)

 

Nancy Tivol, director of Sunnyvale Community Services, announced the “Dinner at the Dump” event will be held on June 30 at the specialty solid waste’s corporate headquarters.

 

A member of the downtown association announced that beginning on June 20 through August 22 the downtown association’s Wednesday summer series will include music, crafts and a farmer’s market.

 

CONSENT CALENDAR

 

MOTION: Vice Mayor Spitaleri moved and Councilmember Howe seconded to approve the Consent Calendar.

 

VOTE: 7-0

 

1.A.

Approval of Draft Minutes of May 15, 2007

 

1.B.

Approval of Information/Action Items – Council Directions to Staff

 

Fiscal Items

 

1.C.

RTC 07-195

List of Claims and Bills Approved for Payment by the City Manager List No. 351 & 352

 

 

Staff Recommendation: Council reviews the attached lists of bills.

 

1.D.

RTC 07-192 

Notice of Intent to Apply for the California Alcoholic Beverage Control Grant Assistance Program

 

 

Staff Recommendation: Council authorizes the Department of Public Safety to proceed with the ABC grant application.

 

1.E.

RTC 07-189

Increase in Countywide Household Hazardous Waste Program Funding Commitment

 

 

Staff Recommendation: Council authorizes the City Manager to execute the First Amendment to the Agency Agreement for Countywide Household Hazardous Waste Collection Program.  The amendment increases the City's FY 06/07 commitment to the Program by $35,000, to a total of $180,000.

 

 

1.F.

RTC 07-170

Authorization to Allocate FY 2006/07 State Public Library Fund Monies, and Approve Budget Modification No. 47

 

 

Staff Recommendation: Council approves Budget Modification No. 47 in the amount of $77,095 and the expenditure of State Public Library Funds for use in the following special project categories: Library of the Future, Collections, Inform the Community about Library Resources, and Improvements to Library Services.

 

Personnel Items

 

1.G.

RESOLUTION

RTC 07-169

 

Adoption of Communication Officers Association (COA) Memorandum of Understanding 20072010, and Amendment to Salary Resolution

 

 

Staff Recommendation: Council adopts the Memorandum of Understanding with the Communication Officers Association, and adopts all related Salary Resolution amendments as proposed.

 

Contracts

 

1.H.

RTC 07-186

Award of Bid No. F0604-91 for Landscape and Hardscape Maintenance Services at the Sunnyvale Multimodal Transit Station Parking Structure and Surface Parking Lot

 

 

Staff Recommendation:

·      Council awards a two-year contract to Universal Sweeping Services, Inc., in substantially the same form as the attached draft Blanket Purchase Order and in an amount not to exceed $62,369, for landscape and hardscape maintenance services at the Sunnyvale Multimodal Transit Station parking structure and surface parking lot; and

·      Council authorizes the City Manager to exercise the option to extend the contract for one additional year, provided that pricing and services remain acceptable to the City.

 

1.I.

RTC 07-193

Award a Request for Proposals No. F0603-77 for Temporary Personnel Placement Services

 

 

Staff Recommendation:

·      Council awards three-year contracts for temporary personnel placement services to AppleOne Employment Services and Randstad USA, in substantially the same form as the attached drafts; and

·      Council delegates authority to the City Manager to exercise an option to extend the contracts for two additional two-year periods if it is in the City’s best interest to do so.

 

1.J.

RTC 07-201 

Award of Bid No. F0604-95 for the Renovation of the Serra and Westmoor Water Wells and Approval of Budget Modification No. 48

 

 

Staff Recommendation:

·      Council awards a contract, in substantially the same form as the attached draft and in the amount of $273,000, to Anderson Pacific Engineering Construction, Inc., for the renovation of the Serra and Westmoor Wells;

·      Council approves a project contingency in the amount of $40,950; and

·      Council approves Budget Modification No. 48 in the amount of $133,235 to provide additional funding for this project.

 

 

Other Items

 

1.K.

RTC 07-187

 

Authorization for NOVA to Apply for Workforce Investment Act Dislocated Worker Funding from the State of California and U.S. Department of Labor in a Total Amount not to Exceed $6,250,000

 

 

Staff Recommendation:

·      Council, on behalf of the NOVA seven-city consortium and in concurrence with the NOVA Workforce Board, adopts and authorizes the submission of an application to the State of California for Workforce Investment Act Dislocated 25 Percent Additional Assistance Funding for up to $6 million to provide for the continuation of dislocated worker services from July 1, 2007 through June 30, 2008; and

·      Council also authorizes submission of an application to the U. S. Department of Labor for a Regional Innovation Grant not to exceed $250,000.

 

1.L.

RTC 07-188

 

Authorization for NOVA to Submit Application for Funding for Homeless Veterans Reintegration Project in the Amount of $300,000

 

 

Staff Recommendation: Council, on behalf of the NOVA seven-city consortium and in concurrence with the NOVA Workforce Board, adopts and authorizes the submission of an application to the U. S. Department of Labor for Homeless Veterans Reintegration Program funding in the amount of $300,000.

 

1.M.

RESOLUTION

RTC 07-184

 

Resolution Authorizing Destruction of Certain Documents Pertaining to Citizen Complaints/Inquiries, Internal Investigations, Applicant Backgrounds for Non-Hires, Officer Involved Vehicle Collisions, Canine Unit Training and Deployment Records, Inactive Carry Concealed Weapon (CCW) Permit Documentation, Mobile Video Recorder tapes, Communications Tapes, Digital Images and all Other Routine Audio and Video Monitoring Eligible for Destruction

 

 

Staff Recommendation: Council approves the resolution allowing for the destruction of specified records and recordings from the Department of Public Safety.

 

1.N.

ORDINANCE

No. 2839-07

 

Adoption of Ordinance No. 2839-07 Amending and Adding Certain Sections of Chapter 9.90 (Alarm Systems) of Title 9 (Public Peace, Safety or Welfare) of the Sunnyvale Municipal Code

 

 

Staff Recommendation: Council approves the second reading of Ordinance No. 2839-07.

 

STAFF RESPONSES TO PRIOR PUBLIC COMMENTS

 

None

 

PUBLIC COMMENTS

 

Jim Rea requested a waiver of the three minute time-limit because he has been denied an opportunity to speak on the issue of rezoning industrial to residential since January 2006. Mayor Lee denied Mr. Rea’s request.

 

Mr. Rea expressed concerns over not receiving any type of notification from the City regarding an area near his home that is being studied for change from industrial to medium density. Mr. Rea stated he shares a property line with the subject industrial areas. Mr. Rea stated he would like the City to rescind the zoning studies until all citizens within 300 feet of this area have been notified. Mr. Rea explained why he is against changing industrial areas to residential.

 

Mayor Lee requested staff investigate whether proper notifications were sent and then report back to Council.

 

Ashu Singla requested support from the Council regarding the Indian community and passed out appeal forms to Council.

 

Danny McCadci requested Council’s assistance to intervene on his behalf with the state or federal government regarding his energy producing invention.

 

Adam Potolsky stated concerns over the Mary Avenue Overpass project.

 

PUBLIC HEARINGS/GENERAL BUSINESS

 

2.

RTC 07-200

 

Public Hearing - FY 2007/2008 Budget and Resource Allocation Plan, Establishment of Appropriations Limit, and Proposed Fee Increases

 

 

Director of Finance Mary Bradley presented the staff report and informed Council that no action is required (other than what Council initiates) on this item and adoption of the budget and fee schedule will occur at the June 19, 2007 Council meeting. Tonight’s public hearing meets the legal requirements of the City Charter, the California Constitution, and the California Government Code.

 

Finance Director Bradley stated she wished to correct a newspaper report which reported that the City has a projected surplus of $10.3 million dollars. Finance Director Bradley clarified that the budget summary states, “addition to reserves $10.275 million dollars,” which is not surplus funds; rather this is revenue that is going to three capital funds.

 

Finance Director Bradley stated page 2 of 3 was inadvertently omitted from budget supplemental section 6 (Outside Group Funding Request for Junior Achievement). Staff supplied Council with the missing page and a copy was placed on the dais.

 

Finance Director Bradley stated an additional formal funding request from United Way was sent to Council and has been attached to the staff report for Council’s information.

 

Finance Director Bradley stated that during the May 24, 2007 Budget Workshop, Council asked for certain information and/or clarifications on several items. Staff has included the requested information in the discussion section of the staff report.

 

Councilmember Moylan inquired about Attachment C of the staff report and the direct costs being charged to the adult businesses listed under “public safety officer.” Councilmember Moylan stated he has concerns over charging businesses for the City’s discretionary use of public safety officers. Councilmember Moylan asked staff how this charge meets the City’s new fiscal policy because it does not appear to meet the fairness (or competitiveness criterion of the policy) with other cities.

 

Director of Public Safety Don Johnson explained that the City’s ordinance dates back to 1973 and has been revised several times. In 1985, Council acknowledged studies which identified adverse affects related to the operation of an adult business within a city. Prior to this time the penal code changed allowing cities to take studies into account when they decide whether or not to regulate adult businesses. The last change in the City’s ordinance was in 2001 in which Council used leverage from the penal code to say it makes sense to perform inspections of adult businesses. Public Safety Director Johnson explained that staff does two inspections per year. The businesses are not charged for the increased call volume received. The inspections include checking items such as lighting, distance of the stage, and how business is being conducted. Staff uses the legislative findings in addition to the penal code to address the adverse affects found in prior studies. 

 

Councilmember Moylan stated his question refers to why the City is charging businesses for the inspections and how that meets the City’s new fiscal policy. Councilmember Moylan stated that the City’s fees must be competitive with other cities and apparently no other cities charge this fee. Councilmember Moylan continued stating that the City’s new fiscal policy requires that the fee must be fair which does not seem to be the case since the beneficiary of the inspection is the community rather than the businesses themselves. Councilmember Moylan stated that if this service benefits the community, then it appears that the community should pay for that service.

 

Finance Director Bradley stated staff attempted to identify other clubs and their fees; however, the only other adult entertainment clubs identified in Santa Clara County were in San Jose; therefore, there is not a large population for fee comparison. 

 

Councilmember Chu inquired as to where the City is in regard to the eight-year budget cycle. Finance Director Bradley stated the City is slated to start on the second year.

 

Public hearing opened 7:36 p.m.

 

Nancy Tivol, director of Sunnyvale Community Services, requested Council approve $40,471 from the General Fund for Sunnyvale Community Services for next year. Tivol explained the reasons why additional funding is being requested.

 

Sharon Davis, president of the board of directors for Sunnyvale Community Services, listed additional reasons why Sunnyvale Community Services has a need for supplementary funding.

 

Bob Obrey, Vice Chair of the Sunnyvale Arts Commission, stated he was representing the Arts Commission and their recommendation. The Arts Commission voted unanimously (3-0) to recommend that Council approve the FY07-08 budget and resource allocation plan including budget supplements as presented (fund all outside group funding requests); to voice specific support for outside group funding requests of the Euphrat Museum of Arts after-school program, and add $24,850 for restoration of parks ornamental water feature service level.

 

Councilmember Swegles asked if the commission had explored where the additional funding should be obtained, such as by increasing fees or cutting funds. Director of Parks and Recreation David Lewis stated the Arts Commission and the Parks and Recreation Commission had a joint session last week. Parks and Recreation Director Lewis stated that at the meeting the commissions reviewed the outside group funding requests and both commissions were aware of the city manager’s recommended budget of $131,227 for outside group funding. The Parks and Recreation Commission attempted to stay within the city manager’s recommendation and the Arts Commission was swayed by the outside groups; however, they did not pursue investigating or recommending additional funding sources to offset their recommendation.

 

Councilmember Moylan requested what the total funding request was for the Euphrat Museum and Finance Director Bradley stated it was $12,298.

 

Bob Lawson, member of the Sunnyvale Parks and Recreation Commission, stated the commission voted unanimously (4-0 with Commissioner Chuck absent) to recommend approval of the FY 2007/08 budget and resource allocation plan that relates to parks (not the entire budget), with the addition of $24,850 to restore the ornamental water features on a year-round basis, and to include $126,227 in funding for all outside funding group requests for money (with the exception of Sunnyvale Alliance Soccer Club fee). Lawson stated the commission did not consider other sources of income to offset the additional expense. Lawson stated the commission also voted unanimously to increase the fees at the Sunnyvale Golf Course to non-residents by 50 cents and decrease the resident fee by $1.50 on weekends.

 

Councilmember Chu confirmed with the city manager that the Parks and Recreation Commission voted on the Housing and Human Services recommendation (not the staff recommendation, which was less) for the outside group funding amounts.

 

Jim Griffith, Chair of the Sunnyvale Board of Library Trustees, speaking on behalf of the board, stated if the City decides to pursue the Library of the Future project, it is unreasonable to assume that this project will not have an impact on library staff (both leading up to a ballot measure and planning for a new library). Griffith stated the board recommended that the Council keep the Library of the Future project in mind when deciding the budget for library issues.

 

Ralph Durham, member of the Bicycle and Pedestrian Commission, speaking on behalf of the commission, stated the commission encourages staff to seek funding opportunities to expedite bicycle projects and to consider ways for the commission to provide more meaningful input early on in the process. The commission would like to receive a copy of the budget outline early enough to allow the commission to make comments during the Budget Workshop.

 

Raymond Pole, Senior Commissioner for the County Board of Supervisors, stated care givers who are concerned about their senior parents have no idea where to go for help. Pole stated that the City needs a senior professional caregiver to answer their questions. Pole stated this is a great asset to the City and needs funding for a full-time position.

 

Laura Babcock, representing the Sunnyvale Historical Society’s museum project, stated page 5 in the staff report had a few errors she would like to correct.  She stated the City has not paid $500,000 for museum construction as stated in the staff report; rather the $500,000 grant from the City was for design purposes only. Babcock stated that approximately $180,000 of that amount has been used for entire design of the building and the remainder of will be used for design of the exhibits, exhibit casework and content.

 

Babcock stated the society is not requesting an additional $140,599 for landscaping as identified in the staff report. Babcock stated the City has already allocated $360,000 in a long-range budget for upgrading to the site. The society is asking Council to allocate the $140,599 in next year’s budget of the $360,000 already allocated so the entire site will be useable at the time the museum is done. 

 

Mayor Lee questioned if the $140,599 is part of the $360,000 long-range budget that was already allocated and Babcock stated that was correct. Finance Director Bradley stated the money is in the budget as an unfunded project; therefore, there are not any funds in the budget for this project.

 

Councilmember Moylan inquired if Babcock had any suggestions on where Council should pull funding from to meet the society’s request. Babcock stated she did not but felt the amount was small and, in the long-range, the City would recoup that expense by renting out the facility.

 

Councilmember Moylan suggested the society obtain a copy of the funding requests before the City and return to Council with a recommendation on where to move funding in order to cover their request.

 

Councilmember Hamilton inquired as to why there is a difference between the $360,000 in the budget for this project and the request which is $140,599. Parks and Recreation Director Lewis stated since this is an unfunded project, staff has not done a specific analysis based on the plan specifications; rather this project is still in a conceptual mode.

 

Councilmember Hamilton confirmed with Babcock that the Historical Society has come up with a full landscape plan for a certain section of the museum which would include hardscape, irrigation and vegetation. 

 

Councilmember Hamilton inquired if this expense is a candidate for Council’s service level set-aside funds. City Manager Chan stated these funds are not attached to specific criteria and it is entirely up to the Council as to how they expend the fund.

 

Councilmember Hamilton inquired as to what the long-term impact to the set-aside funds would be if Council chose to use them to fund this project. City Manager Chan stated the fund has a certain dollar amount available (approximately $490,000) for Council’s discretion over the next 20 years. City Manager Chan stated that once the money is disbursed, it will be gone for the next twenty years.

 

Seth Fearey, Vice President of Joint Venture Silicon Valley Network, requested Council support their request for annual funding of $10,000.

 

Anne Mack and Barbara Bullis, members of Advisory Council for the Council on Aging, requested Council support the case management program for seniors and also fund a full-time case management position.

 

Nancy McDonough thanked Council for their support of a case manager for senior citizens and requested Council continue to fund this position at the very least part-time.

 

Kirstin Ruf spoke about the 2-1-1 Santa Clara County (SCC) information referral service and stated this service has been operational in Santa Clara County since December 2006. 

 

Councilmember Hamilton stated that 2-1-1 SCC services are requesting a $15,000 contribution from the City of Sunnyvale. Councilmember Hamilton requested an explanation on how they arrived at that amount and Ruf explained that the amount requested is based on the population of the city (as identified in attachment 4). Councilmember Hamilton confirmed that the amount 2-1-1 SCC is requesting from the surrounding cities for FY 07-08 is listed on attachment 4 and the amount they actually received from these cities during their launch (FY 06-07) is listed on page 4 of the report.

 

Micki Falk spoke about the need for a full-time case manager to be included in the City’s budget.

 

Diana Argabrite and Dale Jones spoke in support of the outside group funding request for budget supplement 8 (Euphrat Museum of Art at De Anza College).

 

Maritza Henry, representing Family and Children Services, spoke in favor of funding to Family and Children Services (FY 07-08) in order to meet their budget and sustain counseling services at Columbia Neighborhood Center.

 

Eleanor Hansen stated she would like to see a schedule of the positives and negatives going to the reserve this year (with particular attention to enterprise funds). Hansen also requested a copy of a schedule (by year) of the general fund balance for the past twenty years.

 

Albert and Vera Howard, Joe Antuzzi and Anne Dugan, business owners on Murphy Street, stated they (along with the downtown merchants) request that Council continue funding for the extended maintenance of Murphy Avenue.

 

Elaine Curran, President of Junior Achievement of Silicon Valley and Monterey Bay, requested support from Council for funding and incremental increases for Junior Achievement.

 

Susan Lundberg, Treasurer of Sunnyvale Soccer Alliance Club, requested Council consider funding the club with $5,000 for the next year and to continue to provide community services assistance to help with determining fee waivers.

 

Public hearing closed 8:58 p.m.

 

Council did not direct staff to address any specific issues requiring further review prior to the budget adoption on June 19, 2007.

 

Finance Director Bradley stated the City’s budget and summaries are on the City’s website.

 

Mayor Lee called for a recess.

 

Mayor Lee reconvened the Council meeting at 9:05 p.m.

 

3.

RTC 07-183

 

Blair Avenue and Grape Avenue Traffic Calming Study – Approval of Permanent Installation

 

Senior Transportation Planner Dieckmann Cogill presented the staff report.

 

Councilmember Hamilton confirmed that some residents who live on Grape Avenue believe there should be additional speed humps (more than the ones proposed). Residents also requested additional traffic-calming measures as listed in the staff report.

 

Councilmember Chu inquired if there was any opposition to one or two of the calming devices. Planner Cogill stated there were two propositions that did not receive full property-owner acceptance (one was the bulb-out at Mary and Blair and the other was the first speed hump on Blair Avenue).

 

Councilmember Chu verified that the citizen concern over the number of speed humps on Grape Avenue regards the possibility of speeding between humps.

 

Councilmember Chu inquired if any speed-detection and display electronic devices will be put in place as a traffic-calming measure. Transportation and Traffic Manager Jack Witthaus stated staff targets collector streets for the speed-detection devices while the traffic-calming program is targeted at residential streets. 

 

Vice Mayor Spitaleri confirmed that one-hour daytime parking is part of the staff recommendation on Blair Avenue toward Mary Avenue. Staff received a number of reports from the neighborhood about parking for retail centers in the area and the one-hour parking is an attempt to remedy this issue. Vice Mayor Spitaleri inquired how staff arrived at allowing one-hour for parking when typically parking around the City is two to three hours. Manager Witthaus stated staff worked collaboratively with the residents in determining what they felt would be best. Manager Witthaus stated the one-hour parking was part of the trial period and is not in place currently. Vice