7:00 P.M. REGULAR MEETING

(Per Council Policy, the City Council will not begin consideration of any agenda item after 11:30 p.m. without a vote.  Any item on the agenda which must be continued due to the late hour shall be continued to a date certain and will be placed at the beginning of the Public Hearings/General Business portion of the ensuing agenda.  At approximately 9:30 p.m., Council will make an announcement indicating that items may not be heard after 11:30 p.m.

Some of the information provided herein could be subject to change from date of printing of the agenda to the date of the meeting.)

SALUTE TO THE FLAG

ROLL CALL 

SCHEDULED PRESENTATION

PUBLIC ANNOUNCEMENTS Each speaker is limited to 3 minutes for announcements of community events, programs, or recognition

CONSENT CALENDAR

Fiscal Items

Contracts 

1. G.	MOTION RTC 05-367	Award of Contract for an Energy Use Audit of the Water Pollution Control Plan Heat Loop (F0405-65)    Staff Recommendation: Council awards a contract, in substantially the same form as the attached draft and in an amount not to exceed $184,912 to BASE Energy, Inc., for an  energy use audit of the Water Pollution Control Plant hot water loop and approves a project contingency in the amount of $27,737. Staff Contact: Elaine Wesely, (408) 730-7380
1. H.	MOTION RTC 05-346	Second Amendment to Agreement between City of Sunnyvale and Santa Clara Unified School District of June 14, 1994 - to allow for Free School District Use of Picnic Areas in Sunnyvale Parks Staff Recommendation: Alternative No. 1; Council approves the Second Amendment to Agreement between City of Sunnyvale and Santa Clara Unified School District of June 14, 1994 - to allow for Free School District Use of Picnic Areas in Sunnyvale Parks and authorizes the City Manager to enter into said Agreement. Staff Contact: Cathy Merrill, Assistant to Director of Parks and Recreation, 408-730-7531
1. I.	MOTION RTC 05-347	Third Amendment to Agreement between City of Sunnyvale and Cupertino Union School District, and Cupertino Schools Public Facilities Financing Corporation of May 16, 1989 – to allow for Free School District Use of Picnic Areas in Sunnyvale Parks Staff Recommendation: Alternative No. 1: Council approves the Third Amendment to Agreement between City of Sunnyvale and Cupertino Union School District, and Cupertino Schools Public Facilities Financing Corporation of May 16, 1989 – to allow for Free School District Use of Picnic Areas in Sunnyvale Parks and authorizes the City Manager to enter into said Agreement. Staff Contact: Cathy Merrill, Assistant to Director of Parks and Recreation, 408-730-7531

Other

1. J.	MOTION RTC 05-360	Annual Review – Code of Ethics   Staff Recommendation: Alternative No.1: Council reviews the Code of Ethics, reaffirms the Code as it is currently written and directs staff to return the Code of Ethics to Council in 2006 for annual review. Staff Contact: Katherine Bradshaw Chappelear, (408) 730-7474
1. K.	MOTION RTC 05-361	Annual Review – Code of Conduct for Elected Officials   Staff Recommendation: Alternative No.1: Council reviews the Code of Conduct, approves it as clarified by staff and directs staff to return the Code of Conduct to Council for an annual review in 2006. Staff Contact: Katherine Bradshaw Chappelear, (408) 730-7474
1. L.	RESOLUTION MOTION RTC 05-378	Adoption of a Resolution in Support of Water Resources Protection Collaborative   Staff Recommendation: Council adopts the Resolution Staff Contact: Jamie McLeod, (408) 730-7429
1. M.	MOTION RTC 05-369	Annual Membership Dues for Intergovernmental Association   Staff Recommendation: Alternative No.1: Council approves payment of the FY 2005/2006 Membership dues to the League of California Cities – Peninsula Division. Staff Contact: Coryn Campbell, (408) 730-7475
1. N.	MOTION RTC 05-377	Recommendation to Sunnyvale City Council to Approve Temporary City Council Assignment to NOVA Workforce Board Nominating Committee   Staff Recommendation:  Council approves a temporary appointment of a Sunnyvale City Councilmember to the NOVA Workforce Board Nominating Committee for the month of December 2005. Staff Contact: Mike Curran, (408) 730-7248
1. O.	MOTION RTC 05-365	Approval of Final Map (Tract No. 9677) – Britton Place – Forty seven Townhomes by Toll Brothers   Staff Recommendation: It is recommended that the City Council approve the final map for Tract No. 9677 and direct staff to forward the final map for recordation upon developer’s execution of the subdivision agreement, submittal of improvement securities, payment of development fees and other documents deemed necessary by the Director of Public Works. Staff Contact: Vivian Wong (408) 730-7415
1. P.	MOTION RTC 05-368	Approval of final Map (Tract No. 9721) – Sixty-unit Residential Condominiums By Teresi Investments   Staff Recommendation: It is recommended that the City Council approve the final map for Tract No. 9721 and direct staff to forward the final map for recordation upon developer’s execution of the subdivision agreement, submittal of improvement securities, payment of development fees and other documents deemed necessary by the Director of Public Works. Staff Contact: Judy Chu, Civil Engineer (408) 730-7415

STAFF RESPONSES TO PRIOR PUBLIC COMMENTS	Staff may provide further information or clarification for the community’s benefit in response to public comments made at previous Council meetings.  Staff will not necessarily respond to all public comments.
PUBLIC COMMENTS	This category is limited to 15 minutes, with a maximum of three minutes per speaker.  If your subject is not on this evening’s agenda, you will be recognized at this time; however, the Brown Act (Open Meeting Law) does not allow action by Council Members. If you wish to address the Council, please complete a Speaker Card and give it to the City Clerk.

 

PUBLIC HEARINGS/GENERAL BUSINESS

If you wish to speak to a Public Hearing/ General Business item, please fill out a Speaker Card and give it to the City Clerk.  You will be recognized at the time the item is being considered by Council.  Each speaker is limited to a maximum of three minutes.  For land use items, applicants are limited to a maximum of ten minutes for opening comments and ten minutes for closing comments.

2.	MOTION RTC 05-359	Annual Public Hearing – Potential Council Study Issues for Calendar Year 2006   Staff Recommendation:  No Council action needed at this time Staff Contact: Katherine Bradshaw Chappelear, (408) 730-7474
3.	MOTION RTC 05-372	MV Development located at 965 East Arques Ave. (near DeGuigne Drive) in an M-S (Industrial & Service) Zoning District (continued from November 22, 2005 City Council Meeting)   Staff Recommendation:  Council denies the appeal and upholds the decision of the Planning Commission to deny the Use Permit. Staff Contact: Ryan Kuchenig, (408) 730-7431
4.	MOTION RTC 05-385	Request of Sunnyvale Downtown Association (SDA) for City Financing  of Property and /or Business Improvement District Feasibility Study, Reconsideration of Cleaning Schedule on Murphy Avenue, and  Budget Modification No. 17   Staff Recommendation: Alternatives Nos. 1 & 2: (1)  Approve the SDA’s request of $6,400 to hire a consultant and a       part-time executive director to do a P/BID feasibiltiy study and      approve  Budget Modification No. 17; (2)  Review the cleaning schedule for Murphy Avenue as a Budget       Issue to be prioritized with other budget issues when Counci       considers the budget for FY 2006/2007. Staff Contact:  Connie Verceles, (408) 730-7256
5.	MOTION RTC 05-382	Study Issue:  Precise Plan for El Camino Real Update   Staff Recommendation: Approve the Framework for Update of the Precise Plan for El Camino Real. Staff Contact: Andrew Miner, (408) 730-7707
6.	MOTION RTC 05-358	Develop Exclusive Use Permit Policies for Sunnyvale Parks and Open Spaces – Study Issue Staff Recommendation: Alternative Nos. 1 and 2: 1.      Approve areas designated as available for Exclusive Use Permits along with their current uses, capacities and time lines as outlined in Attachment C, Exclusive Use Permit Guidelines and as detailed within Municipal Code 9.62.120. 2.      Designate Plaza del Sol as available for special event Exclusive Use Permits as outlined in Attachment C. Staff Contact: Curtis Black, Superintendent of Parks, 408-730-7596
7.	MOTION RTC 05-373	Explore the Feasibility of Installing a Memorial for Sunnyvale Citizens and Employees Who Have Given Their Lives on Behalf of the City or Their Country – Study Issue Staff Recommendation: Alternative No. 5: Council directs staff to prepare Budget Issue forms to be considered along with all other projects and programs in the City Manager’s proposed budget for FY 2006/07 for the design and construction of a memorial as detailed in Option 5, Plaza del Sol “C”. Staff Contact: Curtis Black, Superintendent of Parks, 408-730-7596

NON-AGENDA ITEMS & COMMENTS

• COUNCIL
• STAFF

INFORMATION ONLY REPORTS/ ITEMS

Tentative Council Meeting Agenda Calendar

RTC 05-379 Appeal of the Planning Commission Agenda for November 28, 2005

RTC 05-366 Boards and Commissions Resignation

Study Session Summary – Intergovernmental Relations (IGR) Update - November 22, 2005

ADJOURNMENT

Notice to the Public:

The agenda reports to council (RTCs) may be viewed on the City’s web site at http://sunnyvale.ca.gov, after 7:00 p.m. on Fridays or at the Sunnyvale Public Library, 665 W. Olive Avenue as of Saturdays 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) are limited to ten minutes.
• Speakers are requested to give their name (address is optional).
• Speakers are to turn in a Speaker Card to the City Clerk.
• Anyone interested in addressing the Council (may only speak one time).
• Closing remarks by the applicant (if applicable) are limited to ten minutes.
• Time limit of 3 minutes per person (may be extended at discretion of Mayor).  Please make comments brief and be prepared to provide new input.

Public Comments

• 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 per speaker, 15 minutes total for this category (may be extended or continued to end of Council business at the discretion of the Mayor).  Individuals are limited to one appearance during this section.

Planning to present materials to Council?

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 distribute your materials to the Council.

SCHEDULED COUNCIL MEETINGS

DATE	MEETING	TIME	PLACE
December 13, 2005	Council Meeting	7        p.m.	Council Chambers
December 15, 2005	Council Study Issue Workshop	8:30   a.m.	Council Chambers
December  20, 2005	Council Meeting	7        p.m.	Council Chambers
January 10, 2006	Council Meeting	7        p.m.	Council Chambers
January 24, 2006	Council Meeting	7        p.m.	Council Chambers
January 31, 2006	Council Meeting	7        p.m.	Council Chambers
February 7, 2006	Council Meeting	7        p.m.	Council Chambers

OTHER SCHEDULED MEETINGS

December  5, 2005	Library Board of Trustees	7        p.m.	Council Chambers
December 12, 2005	Planning Commission Study Session	7        p.m.	West Conf. Room
December 12, 2005	Planning Commission Public Hearing	8        p.m.	Council Chambers
December 14, 2005	Administrative Hearing	2        p.m.	West Conf. Room
December  5, 2005	Library Board of Trustees	7        p.m.	Council Chambers
December 14, 2005	Housing & Human Services Commission	7        p.m.	West Conf. Room
December 14, 2005	Parks and Recreation Commission	7        p.m.	Council Chambers
December 15, 2005	Bicycle & Pedestrian Advisory Committee	6:30   p.m.	West Conf. Room
December 19, 2005	Personnel Board	5        p.m.	Council Chambers
December  21, 2005	Arts Commission	7        p.m.	Council Chambers
January 04, 2006	Heritage Preservation Commission	7        p.m.	Lobby Conf. Room
January 09, 2006	Planning Commission Study Session