APPROVED MINUTES
SUNNYVALE CITY COUNCIL
TUESDAY, NOVEMBER 20, 2007
5 P.M. SPECIAL COUNCIL MEETING (Closed Session) - Initiation of Litigation Pursuant to Subdivision (c) of Government Code Section §54956.9, one potential case
6 P.M. SPECIAL COUNCIL MEETING (Study Session) - Briefing for Council on Status on North Valley Job Training Consortium (NOVA) Funding for FY 07/08
7 P.M. REGULAR MEETING
SALUTE TO THE FLAG
Mayor Lee led the salute to the flag.
ROLL CALL
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PRESENT: |
Mayor Otto Lee
Vice Mayor Anthony Spitaleri
Councilmember John Howe
Councilmember Dean J. Chu
Councilmember Ron Swegles
Councilmember Melinda Hamilton
Councilmember Christopher Moylan
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ABSENT: |
None |
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STAFF PRESENT: |
Assistant City Manager Robert Walker
City Attorney David Kahn
Director of Community Development Hanson Hom
Director of Human Resources Erwin Young
Planning Officer Trudi Ryan
Deputy Chief Dayton Pang
Plan Checker Diana Perkins
City Clerk Gail T. Borkowski |
CLOSED SESSION REPORTS
Vice Mayor Spitaleri reported Council met in closed session November 8, 2007, pertaining to: Public Employee Formal Performance Evaluation, City Attorney, Pursuant to Government Code Section §54957
Vice Mayor Spitaleri reported direction was given, but no action taken.
Vice Mayor Spitaleri reported Council met in closed session earlier this evening pertaining to: Initiation of Litigation Pursuant to Subdivision (c) of Government Code Section §54956.9, one potential case.
Vice Mayor Spitaleri reported direction was given, but no action taken.
PUBLIC ANNOUNCEMENTS
Councilmember Moylan announced that a Turkey Trot race will be held in San Jose on Thanksgiving Day.
Councilmember Hamilton announced that the City accepts board and commission applications on a continuous basis. Councilmember Hamilton stated the City currently has openings on the Arts Commission, Board of Building Code Appeals, and Housing and Human Services Commission.
Mayor Lee announced the newly-selected committee members who will serve on the Sunnyvale Mayoral Green Ribbon Committee. Mayor Lee stated that this committee was formed to assist with future adoption of green solutions for best practices and also to provide assistance to staff with ideas on how to obtain more green businesses within Sunnyvale.
A member of the public representing Lakewood Village Neighborhood Association announced that the annual holiday parade will be held Saturday, December 1, 2007. The parade will begin at Lakewood School.
CONSENT CALENDAR
City Attorney David Kahn pulled Item 1.R.
Josh Salans, Mary Olmstead, Nida Malmstrom, Larry and Svitlana Alba, Eleonar Hansen and Jim Griffith pulled Item 1.T.
Vice Mayor Spitaleri moved, and Councilmember Howe seconded, approval of the Consent Calendar with the exception of Items 1.R and 1.T.
VOTE: 7-0
Fiscal Items
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1.E. |
RTC 07-374
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List of Claims and Bills Approved for Payment by the City Manager – List No. 374, 375 & 376
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Staff Recommendation: Council reviews attached lists of bills.
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1.F. |
RTC 07-368
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Acceptance and Appropriation of State 911 Equipment Funds in the Amount of $98,619 and State Geographic Information System Funds in the Amount of $90,000 to Improve Public Safety Emergency Communications Center Call Processing; and Approval of Budget Modification No. 19
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Staff Recommendation:
· Council authorizes the Department of Public Safety to accept the 9-1-1 residual funds in the amount of $98,619;
· Council authorizes the Department of Public Safety to accept Geographic Information Systems funds in the amount of $90,000; and
· Council approves Budget Modification No. 19.
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Personnel Items
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1.G. |
RTC 07-376
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Request for Authorization to Execute a Resolution Terminating the California Public Entity Insurance Authority (CPEIA) Joint Powers Agreement
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Staff Recommendation: Council concurs with the termination of the CPEIA Joint Powers Agreement and approves the resolution.
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1.H. |
RTC 07-372
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Amendment to the Classification Plan and Salary Resolution to Add the Newly Established Classification of Permit Clerk I/II
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Staff Recommendation: Council adopts a resolution to amend the City’s Classification Plan and Salary Resolution to add the newly-established class specification of Permit Clerk I/II.
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1.I. |
RTC 07-385
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Amendment to the Schedule of Pay of the Salary Resolution: Salary Adjustment for Pay Plan Category C (applies to Classified Public Safety Officers and Lieutenants)
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Staff Recommendation: Council amends Section 2.200 (Pay Plan Category C) of the Schedule of Pay of the Salary Resolution to reflect the new pay rates, effective retroactive to July 1, 2007.
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Contracts
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1.J. |
RTC 07-380
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Authorization to Modify an Existing Contract for General Construction Inspection and Materials Testing Services on an “As Needed Basis” (F0710-45)
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Staff Recommendation: Council modifies the existing contract with Consolidated Engineering Laboratories, in substantially the same form as the attached draft purchase order change, by extending the contract through December 31, 2008, and increasing the total contract not-to-exceed amount to $150,000.
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1.K. |
RTC 07-375
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Award of Bid No. F0709-32 for San Antonio Park Restroom Construction and Approval of Budget Modification No. 21
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Staff Recommendation:
· Council awards a contract, in substantially the same form as the attached draft and in an amount not to exceed $273,000 to McNabb Construction Incorporated, for the installation of a prefabricated restroom building and associated utilities at San Antonio Park;
· Council approves a project contingency in the amount of $40,950; and
· Council approves Budget Modification No. 21.
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1.L. |
RTC 07-365
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Award of Contract for “On-Call” Mechanical Maintenance and Repair Services at the Water Pollution Control Plant (F0710-43)
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Staff Recommendation: Council awards a one-year blanket purchase order, in substantially the same form as the attached draft purchase order and in an amount not to exceed $90,000, to Monterey Mechanical Company for on-call mechanical maintenance and repair services at the Water Pollution Control Plant.
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1.M. |
RTC 07-378
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Authorization to Increase Expenditures Under an Existing Contract for the Repair/Reinstallation of Traffic Loops (F0710-42)
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Staff Recommendation: Council increases authorized expenditures by $45,000 under an existing contract with San Jose Signal Construction Incorporated, for the repair and/or reinstallation of traffic loops, making a total two-year contract amount not to exceed $90,000.
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1.N. |
RTC 07-364
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Award of Bid No. F0606-114 for Corporation Yard Restroom ADA Upgrades
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Staff Recommendation:
· Council awards a contract, in substantially the same form as the attached draft and in the amount of $99,193, to W. G. Fritz Construction to provide Corporation Yard restroom ADA upgrades; and
· Council approves a project contingency in the amount of $19,839.
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1.O. |
RTC 07-367
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Award of Contract for Engineering Design for the Rehabilitation of Five Water Storage Tanks (F0512-39)
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Staff Recommendation:
· Council awards a contract, in substantially the same form as the attached draft and in the amount of $97,918, to Infrastructure Engineering Corporation (IEC) for engineering design for the rehabilitation of five (5) 0.5 million-gallon water storage tanks; and
· Council approves a design contingency in the amount of $14,688.
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1.P. |
RTC 07-384
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Award of Bid No. F0605-109 for Security Access Control System Replacement
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Staff Recommendation:
· Council awards a contract, in substantially the same form as the attached draft and in the amount of $457,300, to AEC Alarms for the security access control system replacement; and
· Council approves a project contingency in the amount of $36,584.
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1.Q. |
RTC 07-386
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Award of Bid No. F0709-36 for the Reconstruction of Curbs, Gutters, Sidewalks and Driveway Approaches throughout Sunnyvale
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Staff Recommendation: Council awards a contract, in substantially the same form as the attached contract and in an amount of $450,345 to JJR Construction Incorporated, for the reconstruction of various curbs, gutters, sidewalks and driveway approaches.
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Other Items
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1.R. |
ORDINANCE
2860-07
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Adoption of Ordinance No. 2860-07 to Rezone Certain Property Located at 495 Central Avenue from R-0 (Low Density Residential) to R-1.5/PD (Low-Medium Density Residential/Planned Development) Zoning District
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City Attorney David Kahn stated this item was placed on the agenda as a result of a clerical error and should not have been placed on the agenda. The motion failed at the original Council meeting and therefore no action is necessary. This item will be deleted.
Mayor Lee stated he had a speaker card and City Attorney Kahn confirmed Mayor Lee should open public comments.
Public comments opened at 7:12 p.m.
Kira Od inquired if this ordinance had a first reading. Mayor Lee confirmed this item did not pass and therefore a first reading of the ordinance did not occur.
Od inquired if this item had passed would 495 Central Avenue have been rezoned
R-1.5/PD (Low-Medium Density Residential/Planned Development). City Attorney Kahn stated the area would not have been rezoned because the ordinance did not have a first reading, so even if it had been voted on, it would not have had any legal effect.
Public comments closed at 7:14 p.m.
Mayor Lee confirmed no action was necessary on this item.
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1.S. |
RTC 07-383
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Authorization for NOVA to Submit Application for Funding through the California Health Incentives Improvement Project (CHIIP) to Assist with the NOVA Disability Program Navigator efforts not to Exceed $30,000
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Staff Recommendation: Council authorizes the submission of an application to the California Health Incentives Improvement Project to assist with the Disability Program Navigator efforts for funding not to exceed $30,000 and, if awarded, authorize the city manager or her designee to execute the necessary grant agreement.
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1.T. |
RTC 07-382
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City Manager and City Attorney: Salary Adjustment to Control Point, Adjustment of Vehicle Allowance, and Approval of City Manager’s Pay for Performance Bonus in Accordance with the Agreement for Services Between the City of Sunnyvale and the City Manager
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Assistant City Manager Robert Walker stated this is a consent item and therefore there is not a report. Assistant City Manager Walker stated he is available to answer questions.
Public comments opened at 7:15 p.m.
Josh Salans stated he is against City Manager Amy Chan receiving another salary increase or any additional money. Salans stated that City Manager Chan is asking for as much money as she can get in order to boost her retirement and the City will pay for this raise for the rest of her life. Salans stated City Manager Chan has not earned this raise from the residents because she has not represented those same residents in her City dealings. Salans cited examples of his concerns over City Manager Chan’s actions. Salans asked that Council turn down this request from City Manager Chan.
Mary Olmstead stated she is not in agreement with another raise for City Manager Chan because she has not done a lot for the residents in Sunnyvale. Olmstead stated she would like to know why this salary adjustment is being considered.
Councilmember Moylan requested Director of Human Resources Erwin Young speak to the contractual process that is required for the city manager. Director Young stated City Manager Chan has a contract with the Council that was initiated in 2004 which calls for an annual review of her salary, bonus and vehicle allowance. Director Young stated a Council subcommittee helps guide the evaluation process. Director Young stated the City has a salary formula which has been in place since 1995. A comprehensive salary survey is performed for all city managers in California with a population of 50,000 more or less than the City of Sunnyvale, and staff uses a formula based on that information to arrive at the salary increase. Director Young stated that the city manager’s performance is evaluated by a third party facilitator, individual interviews with Councilmembers, and through a 360 evaluation process of the city manager’s direct reports. This information is then given to Council who prepares individual rankings of the city manager. Council’s rankings are then scored and a bonus is derived from the rankings. The annual car allowance has not been reviewed for several years and Council adopted the current Internal Revenue Service (IRS) increase from the last time the car allowance was reviewed.
Larry Alba stated he is representing Nida Malmstrom who has provided a signed statement for submittal to Council. Alba handed copies of Malmstrom’s statement to the City Clerk and read her statement into the record. Malmstrom stated she is against any more pay increases for City Manager Chan.
Larry Alba, speaking on his own behalf, stated City Manager Chan is overpaid. Alba stated he does not care what other cities are paying their city managers, she is paid too much. Alba stated his impression is that the city manager is intimidating Council into giving her this raise by alluding to the fact she might quit if she does not receive the increase. Alba inquired as to where the city manager travels that she would need a car allowance. Alba stated it is time to fire the city manager and get a new one for around $100,000 a year.
Councilmember Hamilton stated that as one of the seven Councilmembers involved in the city manager’s employee evaluation, she can assure citizens that City Manager Chan was not trying to intimidate Council into doing anything. Councilmember Hamilton stated that she does not believe it would be possible to hire a city manager for $100,000. Alba stated the increase, bonus and car allowance are too much to give to City Manager Chan.
Councilmember Moylan inquired as to who Alba thought the City would get to work as the city manager for $100,000. Alba stated the City would obtain a hard worker due to the current unemployment rate. Alba stated it is time to stop wasting the taxpayer’s money in this manner.
Councilmember Moylan explained that the amount of money City Manager Chan has saved the City during negotiations dwarfs the amount that the City pays her. Councilmember Moylan stated City Manager Chan did not come to Council to ask for a raise or to intimidate anyone; rather there is a policy in place as to how the city manager is compensated. Alba stated the policy needs to change.
Eleonar Hansen stated City Manager Chan overall has not done that much for the City. Hansen stated peak hour traffic is terrible within the City. Over seven years of Environmental Impact Reports (EIR’s) consistently have stated that there will not be any meaningful traffic impact on residential streets from various projects; however, to the contrary, there has been a huge impact. City Manager Chan and her staff have not done anything to reduce the traffic impacts. Hansen cited additional concerns over parking within the City. Hansen stated the public would like to know in detail why Council feels City Manager Chan should receive this type of income.
Jim Griffith stated when he originally read the staff report regarding a salary increase for City Manager Chan, he was concerned over the numbers. Griffith stated after reading about the process that is being followed, he found that the process is exactly the same as the last five companies where he worked. Griffith stated most companies give bonuses based on certain criteria, but he is unaware of the specific justification for approving City Manager Chan’s bonus. Griffith stated based on the process used for this increase, he has no problem; however, he is concerned over the methodology and the numbers. Some of the cities listed should not have been used in the survey.
Griffith stated he does not agree that a qualified city manager could be obtained for $100,000 as mentioned by a previous speaker.
Griffith stated the happiness of the customer is not the basis for an increase; rather it is how well the job was done. Griffith stated the City has some serious issues that need to be resolved, but this is not one of them. Griffith stated Council should pass this item without further comment.
Councilmember Howe inquired as to what Griffith’s role was in the library measure. Griffith stated he ran the Yes on B campaign. Councilmember Howe inquired if during that time did City Manager Chan help or hinder the campaign. Griffith stated City Manager Chan hindered the campaign. Griffith explained that the City has a legal responsibility to not become involved with campaigning; however City employees may work for the campaign during their free time. Griffith stated the rules City Manager Chan sent out to City employees actually created fear in many employees and caused them not to become involved with the campaign on their own personal time. The end result of this action was that it hindered the ability to have assistance with public outreach that the campaign needed to do. Griffith explained that their campaign consultant stated they had never seen so much resistance from a City as they did with this campaign.
Harriet Rowe stated during her career, she never asked for a raise but she received them based on her performance as a teacher. Rowe stated her support of the salary increase and stated she agrees with Councilmember Moylan that City Manager Chan saved the City much more than this increase. Rowe stated she attends the sessions before Council meetings and based on her observations, she believes City Manager Chan has earned her salary.
Mayor Lee closed public comments at 7:42 p.m.
MOTION: Councilmember Howe moved and Councilmember Hamilton seconded to approve Alternative 1:
· Council implements the salary adjustment to the control points for the city manager and city attorney, representing a 9.5 percent increase for City Manager and a 5.0 percent increase for city attorney;
· Council amends agreements for service to increase the monthly vehicle allowance for city manager and city attorney to $516.00, and
· based on City Council direction given to staff on November 7, 2007, Council authorizes a 10 percent performance bonus for the city manager for FY 2006/07
and
changes to be retroactive to July 1, 2007.
Councilmember Howe expressed support for City Manager Chan and offered examples of her work on various successful projects. Councilmember Howe spoke about the money City Manager Chan has saved the City during negotiations for several projects.
Councilmember Hamilton stated she echoes Councilmember Howe’s comments. Councilmember Hamilton added that City Manager Chan has done a lot for employee morale since the last city manager. Councilmember Hamilton stated she is an asset to the City and has earned every penny of this increase.
VOTE: 7-0 |
STAFF RESPONSES TO PRIOR PUBLIC COMMENTS
None
PUBLIC COMMENTS
Kaiser Permanente Community and Government Relations Manager Noella Tabladillo spoke about the lack of a left hand turn from Kaiser onto Homestead. Due to this issue, traffic is backing up into the Kaiser facility. Tabladillo stated 2,200 residents of Sunnyvale have written to Kaiser because they would like something done about the traffic issue. Tabladillo stated Kaiser Permanente urges Council to rank this item high on the study session list. Tabladillo stated Kaiser is willing to work with the City with any concerns that may arise from the neighbors across the street. Vice Mayor Spitaleri confirmed with Tabladillo that approximately 32,000 Sunnyvale residents are members of Kaiser. Councilmember Hamilton stated she will sponsor a study issue and Mayor Lee and Vice Mayor Spitaleri stated they will co-sponsor a study issue regarding adding a left hand turn from Kaiser onto Homestead.
Richard Walrod, representing the San Miguel Neighborhood Association, stated the neighborhood has many concerns with Club La Ronda. Walrod stated the neighborhood has numerous concerns with the nightclub including, but not limited to trash issues, parking lot garbage, cars racing after the bar closes and drunk drivers traveling into the neighborhood. Walrod stated the nightclub plans to enlarge and they have started building without a permit. Walrod stated the building process did get stopped by the City, but only until they obtain a permit. The neighborhood is requesting assistance from Council with this establishment and the many issues that it is creating.
Mayor Lee requested Assistant City Manager Walker check with the Department of Public Safety and code enforcement to check into these issues and then report back to Council at the next Council meeting. Assistant City Manager Walker confirmed staff will get back to Council and the San Miguel Neighborhood Association.
Barbara Fukumoto stated, on behalf of the League of Women Voters, Silicon Valley Leadership Group, Sierra Club, Sustainable San Mateo County, and the Sunnyvale Cool Cities Team, she presented Council with a certificate of appreciation in recognition of Council’s leadership in adopting the Mayor’s Climate Protection Agreement.
Kira Od stated she proposed a study issue last month regarding 495 Central Avenue. Od stated her study issue request would prohibit the installation of publicly-visible fencing on private property that creates the illusion of two separate parcels, when in fact there is only one. Od stated it would be her hope that a Councilmember would sponsor this study issue, because the neighborhood does not have any recourse to prohibit this detrimental use of land. The only action neighbors can take is to continually contact code enforcement over and over regarding the debris collecting in this area.