NOTICE AND AGENDA

SUNNYVALE CITY COUNCIL AND REDEVELOPMENT AGENCY

TUESDAY, JUNE 21, 2005

COUNCIL CHAMBERS, 456 WEST OLIVE AVENUE

SUNNYVALE, CALIFORNIA

NOTE: Pursuant to Government Code Section 54953, Subdivision (b), this meeting will include teleconference participation by Councilmember Julia Miller from the Hilton Minneapolis, 1001 Marquette Avenue South, Minneapolis, MN 55403, (612) 376-1000. This Notice and Agenda will be posted at the teleconference location; public comment from such address shall be allowed.

5:30 P.M. SPECIAL MEETING

City Council 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 the Agency beginning the Closed Session. Closed Sessions are not open to the public.

·         Conference with Labor Negotiators Pursuant to Government Code 54957.6 
Labor Negotiator: Peter Brown, Liebert Cassidy Whitmore and Jane Fleenor, Interim Director of Human Resources

Employee Organizations: Service Employees International Union (SEIU) - Local 715 and Public Safety Officers Association (PSOA)

4. Adjourn Special 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 June 14, 2005)
1.B.	MOTION	Approval of Information/Action Items - Council Directions to Staff

Fiscal Items

1.C.	MOTION RTC 05-189	List of Claims and Bills Approved for Payment by the City Manager (List No. 251)   Staff Recommendation: Review list of bills. Staff Contact: Elaine Wesely, (408) 730-7380
1.D.	MOTION RTC 05-175	Transmittal of Development Services Program FY 2002/2003 Performance Audit Report   Staff Recommendation: Alternative No. 1 – Receive the audit report and concur with management’s acceptance of recommendations. Staff Contact: Kate Murdock, (408) 730-7380
1.E.	MOTION RTC 05-180	FY 2004/2005 Department of Employment Development Expenditure and Revenue Update and Budget Modification No. 33   Staff Recommendation: Adopt Budget Modification No. 33. Staff Contact: Tisha Johnson, (408) 730-7240
1.F.	MOTION RTC 05-187	Authorization for NOVA to Apply for Additional Funding Not to Exceed $12 Million to Serve Dislocated Workers in Silicon Valley Region   Staff Recommendation: Approve the submission of proposals not to exceed $12 million to the State of California and/or the U. S. Department of Labor for dislocated workers funding. Staff Contact: Tisha Johnson, (408) 730-7240
1.G.	MOTION RTC 05-192	Authorization for NOVA to Apply for Continued Disability Program Navigator Funding Not to Exceed $200,000   Staff Recommendation: Approve the submission of an application to the State of California for continued Disability Program Navigator funding not to exceed $200,000. Staff Contact: Tisha Johnson, (408) 730-7240

Contracts

1.H.	MOTION RTC 05-197	Authorization to Amend an Existing Contract for Temporary Personnel Placement Services (F0406-69)   Staff Recommendation: Alternative No. 1 – Authorize the amendment of an existing contract with Randstad US, LP, in substantially the same form as the attached draft, to increase its mark-up rates by 3% across the board, effective July 1, 2005 through December 31, 2005, with an additional 3% increase, effective January 1, 2006. Staff Contact: Elaine Wesely, (408) 730-7380
1.I.	MOTION RTC 05-184	Award of Contract for Motorola Radio Communication Systems Maintenance (F0406-70)   Staff Recommendation: Award a one-year contract, in substantially the same form as the attached draft and in an amount not to exceed $177,366, to Motorola, Inc. for the maintenance of the City’s radio communications systems. Staff Contact: Elaine Wesely, (408) 730-7380
1.J.	MOTION RTC 05-183	Award of Request for Proposal No. F0402-33 to Provide Uniforms for Certain City Employees   Staff Recommendation: Award a three-year contract, with an option to extend the contract for two additional two-year periods, for uniform rental services to Aramark Uniform Services in substantially the same form as the attached Blanket Purchase Order. Staff Contact: Elaine Wesely, (408) 730-7380
1.K.	MOTION RTC 05-174	Award of Contract for Software Maintenance Services for the Integrated Financial System (F0406-71)   Staff Recommendation: Award a one-year contract, in substantially the same form as the attached draft and in an amount not to exceed $82,359, to Tier Technologies, Inc., for software maintenance services for the City’s Integrated Financial System. Staff Contact: Elaine Wesely, (408) 730-7380
1.L.	MOTION RTC 05-195	Authorization for City Manager to Execute Grant Funding Agreement for the Murphy Avenue Streetscape Project and Award of Contract for Project Design   Staff Recommendation: Authorize City Manager to execute the grant agreement and award contract. Staff Contact: Steve Lynch, (408) 730-2723

Other Items

1.M.	MOTION RTC 05-188	Response to Civil Grand Jury Report on Tasers – Training and Tracking   Staff Recommendation: Respond to the Grand Jury Report, by letter, indicating “Agreement” with the Report Finding, and decline responses to the Recommendation by indicating neither are applicable. Staff Contact: Don Johnson, (408) 730-7155
1.N.	RESOLUTION RTC 05-169	Calling a General Municipal Election for November 8, 2005 for the Election of Councilmembers for Seat Numbers 1, 2 and 3; and Requesting Consolidation of the Election with the County of Santa Clara Registrar of Voters   Staff Recommendation: Alternative No. 1 – Call the election and request consolidation with the County. Staff Contact: Katherine Chappelear, (408) 730-7474

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 05-193	Board and Commission Appointments for 2005 - Phase 1 Spring Recruitment   Staff Recommendation: Alternatives No. 1 and 4 – Make appointments from available candidates and then wait until the Fall Recruitment to fill the remaining vacancies. Staff Contact: Katherine Chappelear, (408) 730-7474
3.	MOTION RTC 05-178	Consideration of Vehicular Access for Waterfowl Hunting at Pond A3W Adjacent to the Water Pollution Control Plant   Staff Recommendation: Decline the request for vehicular access for waterfowl hunting on Pond A3W. Staff Contact: Lorrie Gervin, (408) 730-7260
4.	ORDINANCE RESOLUTION MOTION RTC 05-191	Potential Increase to the Transient Occupancy Tax – Proposed Tax Structure, Call for November 8, 2005 Municipal Election Regarding the Transient Occupancy Tax and Examination of Related Ballot Measure Language   Staff Recommendation: Call an election, to be held in conjunction with the General Municipal Election scheduled for November 8, 2005, to propose a ballot measure to gradually increase the Transient Occupancy Tax rate by a total of 1.0% as follows: ·      No increase in 2005 or 2006 ·      0.5% increase effective January 1, 2007 ·      No increase in 2008 ·     Additional 0.5% increase effective January 1, 2009, provided that the average citywide hotel/motel occupancy rate is at least 60% for the 9-month period from January 1, 2008 through September 30, 2008 ·     Otherwise the additional 0.5% increase will become effective January 1, 2010. Staff Contact: Pete Gonda, (408) 730-7380
5.	RESOLUTION RTC 05-196	Adoption of the FY 2005/2006 Budget, Master Fee Schedule and Appropriations Limit   Staff Recommendation: Adopt each of the resolutions as presented in this report. Staff Contact: Charlene Sun, (408)730-7380
6.	MOTION RTC 05-198	Evaluate Options for Administration of Fee Waiver Program   Staff Recommendation: Alternative No. 1 – Approve the amended agreement with Sunnyvale Community Services per Attachment D, pay Sunnyvale Community Services on a monthly basis, up to a maximum of $10,000, to administer the Recreation Fee Waiver Program for FY 2005/2006 and continue to evaluate the program and provide recommendations on an annual basis via the City Manager’s recommended budget. Staff Contact: Nancy Bolgard Steward, (408) 730-7342
7.	RESOLUTION RTC 05-190	Public Hearing to Cause Charges for Non-Payment of Utility Services and Non-Payment for the Cost of Abatement of Public Nuisances to be Placed on the FY 2005/2006 Tax Roll   Staff Recommendation: Alternative No. 1 – Adopt a resolution causing charges for non-payment of utility services and non-payment for the cost of abatement of public nuisances to be placed on the FY 2005/2006 tax roll. Staff Contact: Tim Kirby, (408) 730-7380
8.	RESOLUTION RTC 05-194	Collection of Wastewater Charges for Property Outside the City on the FY 2005/2006 Property Tax Roll   Staff Recommendation: Alternative No. 1 – Adopt the resolution approving the proposed assessments. Staff Contact: Tim Kirby, (408) 730-7380
9.	ORDINANCE No. 2784-05	Adoption of an Ordinance of the City Council of the City of Sunnyvale Amending the Precise Zoning Plan, Zoning Districts Map, to Rezone Certain Property Located at 485 East McKinley Avenue from R-2 (Low-Medium Density Residential) to R-2/PD (Low-Medium Density Residential / Planned Development) Zoning District

NON-AGENDA ITEMS & COMMENTS

• COUNCIL
• STAFF

INFORMATION ONLY ITEMS

• Tentative Council Meeting Agenda Calendar
• RTC 05-199 – Appeal of the Planning Commission Agenda of June 13, 2005 and the Administrative Hearing Agenda of June 15, 2005
• Joint Study Session Summary of June 14, 2005 – Review of the Draft Update of Recreation and Open Space Sub-Elements

ADJOURNMENT TO REDEVELOPMENT AGENCY

ROLL CALL

CONSENT CALENDAR

RDA - 1.A.

MOTION

Approval of Draft Minutes (May 17, 2005)

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 Redevelopment Agency, please complete a speaker's card and give it to the Agency 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 the Redevelopment Agency.  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 the Redevelopment Agency.

PUBLIC HEARING/GENERAL BUSINESS 

RDA – 2.	RESOLUTION RDA 05-009	Adoption of the FY 2005/2006 Budget for the Redevelopment Agency of the City of Sunnyvale   Staff Recommendation: Adopt the FY 2005/2006 budget as outlined in this report. Staff Contact: Charlene Sun, (408) 730-7380
RDA - 3.	MOTION RDA 05-010	Review and Approval of Construction Mitigation Plan Submitted by Fourth Quarter Properties for Demolition Phase of the Town Center Mall Redevelopment   Staff Recommendation: Approve the Sunnyvale Town Center Demolition Construction Mitigation Plan as modified by staff. Staff Contact: Robert Paternoster, (408) 730-7450
RDA - 4.	resolution RDA 05-008	Low and Moderate Income Housing Fund Deposit and Deficit Reduction Plan for the Central Core Redevelopment Project Area   Staff Recommendation: Adopt, by resolution, the annual findings and the Deficit Reduction Plan. Staff Contact: Brice McQueen, (408) 730-7284

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
July 12, 2005	Council Meeting	7       p.m.	Council Chambers
July 19, 2005	Council Meeting	7       p.m.	Council Chambers
August 9, 2005	Council Meeting	7       p.m.	Council Chambers

OTHER SCHEDULED MEETINGS 

June 22, 2005	Housing and Human Services Commission Meeting	7        p.m.	West Conf. Room
June 27, 2005	Planning Commission Study Session	7        p.m.	West Conf. Room
June 27, 2005	Planning Commission Public Hearing	8        p.m.	Council Chambers
June 29, 2005	Administrative Hearing	2        p.m.