NOTICE AND AGENDA 

SUNNYVALE CITY COUNCIL

TUESDAY, APRIL 5, 2005

COUNCIL CHAMBERS, 456 WEST OLIVE AVENUE

SUNNYVALE, CALIFORNIA

6:00 P.M. SPECIAL MEETING (STUDY SESSION)

1. Call to Order in the West Conference Room (Open to the Public)
2. Roll Call
3. Convene Study Session - Intergovernmental Relations Update
4. Adjourn Special Meeting

SALUTE TO THE FLAG 

ROLL CALL

SCHEDULED PRESENTATION

• Housing Trust of Santa Clara County Regarding Phase III Development
• Terrence R. Duvernay HOME Program Awards of Excellence        

PUBLIC ANNOUNCEMENTS

Speakers are limited to 3 minutes for announcements of community events, programs, or recognition.

CONSENT CALENDAR 

1.A.	MOTION	Approval of Draft Minutes (Regular Meeting of March 29, 2005)
1.B.	MOTION	Approval of Information/Action Items - Council Directions to Staff

Fiscal Items 

1.C.	MOTION RTC 05-099	List of Claims and Bills Approved for Payment by the City Manager (List No. 241)   Staff Recommendation: Review list of bills. Staff Contact: Elaine Wesely, (408) 730-7380
1.D.	MOTION RTC 05-098	Recommendation to Sunnyvale City Council to Approve Confirmation of New Members to the NOVA Workforce Board   Staff Recommendation: The NOVA Workforce Board Nominating Committee recommends that the Sunnyvale City Council confirm two candidates, Mr. Stephen Remmel and Ms. Mary Schuppert, for four-year terms on the NOVA Workforce Board. Staff Contact: Tisha Johnson, (408) 730-7240
1.E.	MOTION RTC 05-104	Request to Appropriate $44,100 in Below Market Rate (BMR) Home Ownership Revenue Fees to the BMR Implementation Program and Budget Modification No. 26   Staff Recommendation: Approve budget modification. Staff Contact: Annabel Yurutucu, (408) 730-7698

Contracts

1.F.

MOTION RTC 05-100

Award of Bid #F0402-32 for Aggregate, Crushed Granite, and Sand   Staff Recommendation: It is recommended that Council award a two-year contract, in substantially the same form as the attached draft Blanket Purchase Order and in an amount not to exceed $401,337, to Andrade Trucking, Inc., for aggregate, crushed granite, and sand on an “as needed”. Staff Contact: Elaine Wesely, (408) 730-7380

Other Items

1.G.	MOTION RTC 05-087	Authorization for Filing of FY 2005/2006 Transportation Grant Funding Proposals, from Various Sources   Staff Recommendation: Authorize filing of transportation grant funding proposals in FY 2005/2006. Staff Contact: Dieckmann Cogill, (408) 730-7415
1.H.	RESOLUTION RTC 05-103	City of Sunnyvale Emergency Plan - Revised   Staff Recommendation: Adopt the revised Emergency Plan to replace the existing Emergency Plan. Staff Contact: Cherel Sampson, (408) 730-7198

CITIZENS TO BE HEARD

This category is limited to 15 minutes, with a maximum of three minutes per speaker.  If you wish to address the Council, please complete a speaker's card and give it to the City Clerk. If your subject is not on the agenda, you will be recognized at this time; but the Brown Act (Open Meeting Law) does not allow action by Council Members.  If you wish to speak to a subject listed on the agenda, you will be recognized at the time the item is being considered by Council.

PUBLIC HEARINGS/GENERAL BUSINESS 

2.	MOTION RTC 05-101	2005-0023 Study Issue to Consider Amending the City of Sunnyvale’s 1987 Legislative Policy for Outdoor Dining on the 100 Block of South Murphy Avenue   Staff Recommendation: Continue to April 26, 2005. Staff Contact: Steve Lynch, (408) 730-2723
3.	RESOLUTION RTC 05-084	Adoption of a Resolution Vacating a 10-foot Wide Public Utility Easement at 255 Caspian Drive (Continued from March 29, 2005)   Staff Recommendation: Adopt the resolution vacating a 10-foot wide public utility easement at 255 Caspian Drive; and authorize the City Clerk to cause a certified copy of the resolution to be recorded with the County Recorder’s office. Staff Contact: Judy Chu, (408) 730-7415
4.	MOTION RTC 05-102	Below Market Rate (BMR) Rental Unit Program Administrative Guidelines   Staff Recommendation: Direct City Attorney to prepare a revision to SMC 19.66 to include fees and penalties to ensure compliance to BMR administrative procedures for rentals. Staff Contact: Annabel Yurutucu, (408) 730-7698
5.	MOTION RTC 05-096	Recommendations Regarding a Process for the Award of Swirsky Youth Opportunity Fund Grants to Agencies Supporting Disadvantaged Youth   Staff Recommendation: Alternative No. 1 – Use proceeds from the Swirsky Youth Opportunity Fund to supplement the City’s Mobile Recreation Program or an equivalent City program rather than using the funds for grants to outside groups. The City Manager would include a recommendation for the use of funds (consistent with the Trust) with the budget submittal each year. Staff Contact: Cathy Merrill, (408) 730-7531
6.	MOTION RTC 05-090	Fee Waiver Program – Budget Issue   Staff Recommendation: Alternative No. 1 – Direct staff to maintain expenditures for the Recreation Fee Waiver Program within the existing budget of $113,022 and to take whatever actions are required to ensure that expenditures stay within budget. Staff Contact: Nancy Bolgard Steward, (408) 730-7342
7.	MOTION RTC 05-097	Review Valley Transportation Authority Long-term Transit Capital Investment Program   Staff Recommendation: Oppose adoption of the Long-term Transit Capital Investment Program until such time that Sunnyvale’s concerns regarding light rail expansion and a City/VTA 1993 Cooperative Agreement regarding light rail are addressed to the City’s satisfaction, and until a sustainable transit capital improvement program and funding strategy is developed that is significantly supported by a consensus of Santa Clara County cities and the County and by polling of Santa Clara County voters. Staff Contact: Jack Witthaus, (408) 730-7415

NON-AGENDA ITEMS & COMMENTS

• COUNCIL
• STAFF

INFORMATION ONLY ITEMS

• Tentative Council Meeting Agenda Calendar (.doc format)
• Arts Commission Unapproved Minutes of March 16, 2005
• Parks & Recreation Commission Unapproved Minutes of March 21, 2005
• Board of Library Trustees Unapproved Minutes of March 28, 2005

ADJOURNMENT

Notice to the Public:

City Council agenda information is available by calling SunDial at (408) 774-0262, Code 122.  The agenda reports to council (RTCs) may be viewed on the City’s web site at http://sunnyvale.ca.gov, or at the Sunnyvale Public Library, 665 W. Olive Ave., Sunnyvale, after 6:00 p.m. on the Fridays prior to Tuesday City Council meetings.  Please contact the City Clerk’s Office at (408)730-7483 for specific questions regarding the agenda.

PLEASE TAKE NOTICE that if you file a lawsuit challenging any final decision on any public hearing item listed in this agenda, the issues in the lawsuit may be limited to the issues which were raised at the public hearing or presented in writing to the City Clerk at or before the public hearing.  PLEASE TAKE FURTHER NOTICE that Code of Civil Procedure section 1094.6 imposes a 90-day deadline for the filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure section 1094.5.

Pursuant to the Americans with Disabilities Act, if you need special assistance in this meeting, please contact the City Clerk’s Office at (408) 730-7483.  Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (29 CRF 35.104 ADA Title II)

GUIDELINES FOR ADDRESSING THE CITY COUNCIL

Public Announcements – Beginning of Council Meeting

• 3 minutes or less per speaker.
• Speakers are requested to give their name (address is optional).
• Recognition of a special achievement.
• Announcement of public event with definite time and date.
• Public events that are of community-wide interest that occur on annual basis. (only announce one time).

Public Hearings – Order of Hearing as Follows:

• Opening remarks by the applicant (if applicable).
• Speakers are requested to give their name (address is optional).
• Anyone interested in addressing the Council (may only speak one time).
• Closing remarks by the applicant (if applicable).
• Time limit of 3 minutes per person (to be extended at discretion of Mayor).  Please make comments brief and be prepared to provide new input.

Citizens to be Heard

• Any item relevant to the City of Sunnyvale.
• Speakers are requested to give their name (address is optional).
• Speakers are to turn in a Speaker Card to the City Clerk.
• Items not on the agenda.
• Items that do not fall within the scope of the Public Announcement section.
• Time limit of 3 minutes, 15 minutes total for this category (to be extended or continued to end of Council business, at the discretion of the Mayor).  Limit to one appearance during this section.

Planning a presentation for a Council Meeting?

To assist you in utilizing the technology available in the Council Chambers, the publication “How to Make Your Presentation More Effective” may be helpful. Copies are available on the table located in the back of the Council Chambers prior to scheduled City Council and Planning Commission meetings.  You may also pick up a copy at

the City Clerk’s Office or the One Stop Permit Center during normal business hours, or visit the City’s web site at http://sunnyvale.ca.gov.

If you wish to provide the City Council with copies of any handout materials you are presenting, please provide 12 copies of the materials to the City Clerk (located to the left of the Council dais).  The City Clerk will pass your materials to the Council.

SCHEDULED COUNCIL MEETINGS

DATE	MEETING	TIME	PLACE
April 5, 2005	City Council Meeting	7      p.m.	Council Chambers
April 7, 2005	Special Council Meeting: Closed Session – City Attorney Informal Evaluation	7      p.m.	Council Conference Room
April 11, 2005	Special Council Meeting: Closed Session – Preliminary City Interview Process for City Attorney	7:45 a.m.	Offsite
April 15, 2005	Special Council Meeting: Closed Session – Final City Interview Process for City Attorney	8:00 a.m.	Location TBD
April 19, 2005	City Council Meeting	7      p.m.	Council Chambers
April 26, 2005	City Council Meeting	7      p.m.	Council Chambers
April 30, 2005	Special Council Meeting: Team Building Workshop	10    a.m.	West Conf. Room

OTHER SCHEDULED MEETINGS 

April 11, 2005	Planning Commission Study Session	7      p.m.	West Conf. Room
April 11, 2005	Planning Commission Public Hearing	8      p.m.	Council Chambers
April 13, 2005	Administrative Hearing	2      p.m.	West Conf. Room
April 13, 2005	Parks and Recreation Commission Study Session	6:30 p.m.	Community Center Board Room
April 13, 2005	Housing & Human Services Commission Meeting	7      p.m.	West Conf. Room
April 13, 2005	Parks and Recreation Commission Meeting	7:30 p.m.	Community Center Board Room
April 18, 2005	Personnel Board Meeting	5      p.m.	Council Chambers
April 20, 2005	Arts Commission Study Session	6      p.m.	West Conf. Room
April 20, 2005	Arts Commission Meeting	7      p.m.	Council Chambers
April 21, 2005	Bicycle & Pedestrian Advisory Committee Meeting	6:30 p.m.	West Conf. Room
April 25, 2005	Planning Commission Study Session	7      p.m.	West Conf. Room
April 25, 2005	Planning Commission Public Hearing	8      p.m.	Council Chambers
April 27, 2005	Administrative Hearing	2      p.m.	West Conf. Room
May 2, 2005	Board of Library Trustees Meeting	7      p.m.	Council Chambers
May 4, 2005	Heritage Preservation Commission Meeting	7      p.m.	West Conf. Room

CHANNEL 15 – KSUN

April 5, 2005	City Council Meeting - Live	7      p.m.
April 6, 2005	City Council Meeting – Replay of April 2, 2005	12     p.m.
April 6, 2005	City Council Meeting – Replay of April 5, 2005	7      p.m.
April 8, 2005	City Council Meeting – Replay of April 2, 2005	7      p.m.