4:00 P.M. SPECIAL MEETING (CLOSED SESSIONS)

City Council Closed Sessions

1. Call to Order in the West Conference Room (Open to the Public)
2. Roll Call
3. Convene Closed Sessions - The public may provide comments regarding the Closed Session item(s) just prior to Council beginning the Closed Session. Closed Sessions are not open to the public.
   
   

   a. 4:00 p.m. – Conference With Labor Negotiator Pursuant to Gov’t Code 54957.6;  Agency Designated Representatives: Peter Brown, Chief Negotiator, Jane Fleenor, Human Resources Director;  Employee Organizations: Communications Officer Association and Public Safety Officers Association
   
   b. 5:00 p.m. - Conference With Real Property Negotiator Pursuant to Gov’t. Code 54956.8; Property: City-owned Property Within Town and Country Vicinity; City Negotiator: City Manager

   
   
4. Adjourn City Council Special Meeting

Redevelopment Agency Closed Session

1. Call to Order in the West Conference Room (Open to the Public)
2. Roll Call
3. Convene Closed Session - The public may provide comments regarding the Closed Session item(s) just prior to Council beginning the Closed Session. Closed Sessions are not open to the public.
   
   a. 5:30 p.m. - Conference With Real Property Negotiator Pursuant to Gov’t. Code 54956.8; Property: Town Center Mall; Agency Negotiator: Executive Director
   
4. Adjourn Redevelopment Agency Special Meeting

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. 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

CLOSED SESSION REPORT

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 January 11, 2005)
1.B.	MOTION	Approval of Information/Action Items - Council Directions to Staff

Fiscal Items

1.C.	MOTION RTC 05-022	Lists of Claims and Bills Approved for Payment by the City Manager (No. 230 and 231)   Staff Recommendation: Review lists of bills. Staff Contact: E. Wesely, (408) 730-7380
1.D.	MOTION RTC 05-027	Transmittal of Performance Audit Report of FY 2001/2002 Police Services Program   Staff Recommendation:  Receive the audit report and concur with management’s acceptance of recommendations. Staff Contact: Cheryl Solov, (408) 730-7380

Contracts

1.E.

MOTION RTC 05-025

Award of Bid No. F0412-23 for the Application of Slurry Seal on Streets and Parking Lots Throughout the City   Staff Recommendation:  1. Award a contract, in substantially the same form as the attached draft and in the amount of $210,219, to Valley Slurry Seal Company for the Application of Slurry Seal on various Sunnyvale streets and 2. Approve Project contingency in the amount of $21,022. Staff Contact:  E. Wesely, (408) 730-7380

Other Items

1.F.	MOTION RTC 05-023	Approval of Final Map (Tract No. 9624) – Kifer Commerce Park – 7 Industrial Buildings by G.P. Kifer, LLC   Staff Recommendation: Accept the surety bonds, execute the Subdivision Agreement and approve the final map for Tract no. 9624. Staff Contact: Judy Chu, (408) 730-7415
1.G.	MOTION RTC 05-024	Approval of Final Map (Tract No. 9626) – Classics at Las Palmas Park – 36 Townhouses by Classic Communities   Staff Recommendation: Accept the surety bonds, execute the Subdivision Agreement and approve the final map for Tract No. 9626. Staff Contact: Vivian Wong, (408) 730-7415
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.	NO ACTION RTC 05-028	Appeal of a Decision by the Planning Commission Approving a “Monopine” Telecommunications Facility Located at 231 Sunset Avenue (withdrawn by applicant)   Staff Recommendation: Information only of the application withdrawal. Staff Contact: Diana O’Dell, (408) 730-7452
3.	MOTION RTC 05-026	Appeal of a Decision by the Planning Commission Approving a Use Permit for the French American School of Silicon Valley Located at 1522 Lewiston Drive, Regarding a Condition for a Traffic and Circulation Study   Staff Recommendation: Deny the appeal and uphold the decision of the Planning Commission regarding the traffic and circulation study condition. Staff Contact:  Gerri Caruso, (408) 730-7591
4.	MOTION RTC 05-029	Review Draft Valley Transportation Plan 2030 and Accept Freeway Corridor Studies of Highway 237/Mathilda and Highway 85/Fremont   Staff Recommendation: Staff recommends Alternatives 1 and 2: Support adoption of VTP 2030 contingent upon modification of the document to address Sunnyvale’s issues regarding future light rail transit priorities; and, accept the final Route 237 and Route 85 Corridor Studies Staff Contact: Jack Witthaus, (408) 730-7415
5.	ORDINANCE MOTION RTC 05-030	Introduction of an Ordinance Regarding an Application for Related Proposals on a Site Located at 1276 Poplar Avenue.  Rezone From R-2 (Low-Medium Density Residential) to R-2/PD (Low-Medium Density Residential/Planned Development) Zoning District; Special Development Permit to Remove Two Homes and Construct Three New Homes, and Parcel Map to Subdivide One Lot into Four Lots (continued from January 11, 2005)   Staff Recommendation: Introduce the Ordinance; approve the Special Development Permit and the Parcel Map. Staff Contact: Kelly Diekmann, (408) 730-7659
6.	ORDINANCE RTC 05-003	Introduction of an Ordinance Regarding the Review of Construction Hours and Construction Duration for Attached Housing   Staff Recommendation:  Amend regulations governing construction hours for homeowners, including limiting homeowner construction hours for attached housing to be the same as construction hours for contractors. Staff Contact: Diana Perkins, (408) 730-7455
7.	MOTION RTC 05-031	A Variance from Sunnyvale Municipal Code 19.34.070 for a Rear Yard Setback and a Use Permit for an Addition to an Existing Industrial Building Resulting in a 45% Floor Area Ratio Located at 1108 West Evelyn Avenue (continued from December 7, 2004)   Staff Recommendation: Approve the variance and use permit with conditions. Staff Contact: Ryan Kuchenig, (408) 730-7431
8.	MOTION RTC 05-033	Adoption of 2005 Tentative Council Agenda Meeting Calendar and Study Issues Priority List and Budget Modification No. 21   Staff Recommendation: Approve the 2005 Calendar as shown on Attachment A and the Study Priorities List as presented in Attachment B and Budget Modification No. 21 which appropriates a total of $122,000 from  the General Fund Non-recurring Events Reserve and $30,000 from the Water Fund’s 20 Year RAP for those new Study Issues that require additional resources to proceed. Staff Contact: Susan Ramos, (408) 730-7474

NON-AGENDA ITEMS & COMMENTS

• COUNCIL
• STAFF

INFORMATION ONLY ITEMS
Tentative Council Meeting Agenda Calendar
RTC 05-021, Boards and Commissions Quarterly Attendance Report Staff Contact: Donna Biles, (408) 730-7595
RTC 05-020, Vacancy and Rent Survey
RTC 05-032, Appeal Report on Planning Commission Items of January 10, 2005 andAdministrative Hearing Items of January 13, 2004
Bicycle and Pedestrian Advisory Committee Unapproved Minutes of December 16, 2004
Board of Library Trustees Unapproved Minutes of January 3, 2005
Child Care Advisory Board Unapproved Minutes of January 11, 2005
Heritage Preservation Commission Unapproved Minutes of January 5, 2005
Planning Commission Unapproved Minutes of January 10, 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
Feb. 1, 2005	Closed Session: Conference With Legal Counsel, Anticipated Litigation, Significant Exposure to Litigation, Pursuant to Gov’t. Code Section 54956.9.b: SMaRT Station Operating Agreement	6 p.m.	West Conf. Room
Feb. 1, 2005	Closed Session: Pending Litigation Requesting Workers Compensation Settlement Authority in the Matter of Retired Lt. Darrell Schrick v. City of Sunnyvale, Pursuant to Gov’t. Code 54957.1	6:30 p.m.	West Conf. Room
Feb. 1, 2005	City Council Meeting	7 p.m.	Council Chambers
Feb. 8, 2005	City Council Meeting	7 p.m.	Council Chambers
Feb. 15, 2005	Study Session: Land Banking: Economic Strategies	5 p.m.	West Conf. Room
Feb. 15, 2005	City Council Meeting	7 p.m.	Council Chambers

OTHER SCHEDULED MEETINGS 

Jan. 26, 2005	Housing and Human Services Commission	7 p.m.	West Conf. Room
Feb. 2, 2005	Heritage Preservation Commission	7 p.m.	West Conf. Room
Feb. 7, 2005	Personnel Board	5 p.m.	Council Chambers
Feb. 7, 2005	Board of Library Trustees	7 p.m.	Council Chambers
Feb. 9, 2005	Parks and Recreation Commission	7:30 p.m.	Council Chambers
Feb. 14, 2005	Planning Commission Study Session	7 p.m.	West Conf. Room
Feb. 14, 2005	Planning Commission Public Hearing	8 p.m.	Council Chambers
Feb. 16, 2005	Arts Commission	7 p.m.	Council Chambers
Feb. 17, 2005	Bicycle & Pedestrian Advisory Committee	6:30 p.m.	West Conf. Room

CHANNEL 15 – KSUN 

Jan. 25, 2005	City Council Meeting – Live	7 p.m.
Jan. 26, 2005	City Council Meeting – Replay of January 11, 2005	7 p.m.
Jan. 29, 2005	City Council Meeting – Replay of January 11, 2005	4 p.m.
Feb. 1, 2005	City Council Meeting - Live	7 p.m.
Feb. 2, 2005	City Council Meeting – Replay of February 1, 2005	7 p.m.
Feb. 5, 2005	City Council Meeting – Replay of February 1, 2005	4 p.m.
Feb. 8, 2005	City Council Meeting - Live	7 p.m.
Feb. 9, 2005	City Council Meeting – Replay of February 8, 2005	7 p.m.
Feb. 12, 2005	City Council Meeting – Replay of February 8, 2005	4 p.m.
Feb. 15, 2005	City Council Meeting – Live	7 p.m.
Feb. 16, 2005	City Council Meeting – Replay of February 15, 2005	7 p.m.
Feb. 19, 2005	City Council Meeting – Replay of February	4 p.m.