NOTICE AND AGENDA
SUNNYVALE CITY COUNCIL
TUESDAY, OCTOBER 18, 2005
COUNCIL CHAMBERS, 456 WEST OLIVE AVENUE
SUNNYVALE, CALIFORNIA

4:30 P.M. SPECIAL MEETING

City Council Closed Session

1. Convene to Closed Session – The public may provide comments regarding the Closed  Session item(s) just prior to the Council 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 Erwin Young,  Director of Human Resources; Employee Organization: Service Employees International Union (SEIU) - Local 715 and Communication Officers Association (COA)

2. Adjourn Special Meeting

6:30 P.M. SPECIAL MEETING

City Council Closed Session

1. Convene to Closed Session – The public may provide comments regarding the Closed Session item(s) just prior to the Council beginning the Closed Session.  Closed Sessions are not open to the public.

• Conference With Legal Counsel – Existing Litigation – Pursuant to Gov’t. Code 54956.9(a): Petition of City of Sunnyvale (NPDES Permit Reissuance in Waste Discharge Requirements Order No. R2-2003-0079[NPDES No. CA0037621]) San Francisco Bay Region - SWRCB/OCC Files A-1594 and A-1594(a)

2. Adjourn Special Meeting

SALUTE TO THE FLAG

ROLL CALL

CLOSED SESSION REPORT

PUBLIC ANNOUNCEMENTS

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

CONSENT CALENDAR

1.A.	MOTION	Approval of Draft Minutes of Regular Meeting of October 4, 2005
1.B.	MOTION	Approval of Information/Action Items - Council Directions to Staff

Fiscal Items 

1.C.

MOTION RTC 05-296

List of Claims and Bills Approved for Payment by the City Manager (List Nos. 267 & 268)   Staff Recommendation: Review list of bills. Staff Contact:  Elaine Wesely, (408) 730- 7380

Contracts 

1.D.	MOTION RTC 05-294	Award of Bid No. F0508-11 for the Reconstruction of Curbs, Gutters, Sidewalks and Driveways throughout Sunnyvale   Staff Recommendation:  It is recommended that Council: 1. Award a contract, in substantially the same form as the attached draft and in an amount not to exceed $590,870 to JJR Construction, Inc., for the reconstruction of various curbs, gutters, sidewalks and driveways; and  2. Approve a project contingency in the amount of $29,544. Staff Contact:  Elaine Wesely, (408) 730- 7380
1.E.	MOTION RTC 05-293	Award of Bid No. F0507-03 for Five Police Patrol Cars   Staff Recommendation: It is recommended that Council award a contract, in substantially the same form as the attached draft Purchase Order and in the amount of $118,534 to S&C Ford, Inc. for five police patrol cars. Staff Contact:  Elaine Wesely, (408) 730- 7380
1.F.	MOTION RTC 05-295	Award of Bid No. F0509-16 for Roof and Exterior Siding Replacement at the Fair Oaks Industrial Complex and Approval of Budget Modification  No. 7   Staff Recommendation: It is recommended that Council: 1. Award a contract, in substantially the same form as the attached draft contract and in the amount of $409,197, to Louis and Riparetti, Inc., for the replacement of four roofs and the exterior siding on three buildings at the Fair Oaks Industrial Complex for the Department of Public Works Engineering Division; and 2. Approve a project contingency of $102,299; and 3. Approve Budget Modification No. 7 as described in this report. Staff Contact:  Elaine Wesely, (408) 730- 7380

Personnel

1.G.	RESOLUTION RTC 05-303	Amendment to the Classification Plan and Salary Resolution: Add Part-Time Employment Training Program Coordinator   Staff Recommendation: Alternative No. 1: Council approves adding the classification of part-time Employment Training Program Coordinator to the City’s Classification Plan and Salary Resolution Staff Contact:  John Castanha  (408) 730-7497
1.H.	RESOLUTION RTC 05-304	Amendment to the Classification Plan: Revised Job Specifications for Human Resources Manager for the Department of Human Resources and Approval of Budget Modification No. 9   Staff Recommendation: Alternative 1; Council approves the revisions to the classification specifications of Human Resources Manager, and approves Budget Modification No. 9. Staff Contact:  Erwin Young 730-7495

Other

1.I.	ORDINANCE No. 2793-05	Adoption of Ordinance No. 2793-05 Amending Portions of Chapter 19.12 and Chapter 19.38 of the Sunnyvale Municipal Code Related to Zoning Definitions and Community Rooms/Club Houses in Multiple-Family Residential Developments
1.J.	MOTION RTC 05-299	Request to Appoint a Delegate to Attend the Second Annual Taipei International Healthy Cities Conference and Exhibition 2005   Staff Recommendation:  Council accepts the invitation from the Taipei City Government and appoints Mayor Dean Chu as the City of Sunnyvale’s delegate to attend the Second Annual Taipei International Healthy Cities Conference and Exhibition 2005 to be held on October 29-31, 2005 at the Taipei International Convention Center, with the delegate’s airfare and lodging expenses to be paid for by the host agency.   Staff Contact: Robert Walker, Assistant City Manager, 730-7458

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  05-302	Appeal of a decision by the Planning Commission to deny a Use Permit at 965 East Arques Avenue to allow church, school, and offices uses within an existing industrial building. 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
3.	MOTION RTC O5-284	Consider Revisions to Council Policy Governing the Naming/Renaming of Parks and Recreation Facilities – Study Issue Staff Recommendation: Alternative No. 1: Council revises Council Policy 7.3.10, Section 2, to provide a minimum 1-year waiting period. The section of the policy will read as follows: Naming a park for a specific individual will only be considered if that individual has made a significant contribution to the City of Sunnyvale.  It is recommended that a park not be named for a living person. If named for a deceased person, that individual must be deceased for at least one year. Staff Contact: Mark Petersen (408) 738-0813
4.	MOTION RTC 05-301	Application on a 9,460 square foot site located at 778 Cascade Drive in an R-1 (Low Density Residential Zone) for Mills Act Contract for a City of Sunnyvale Local Landmark Property (Collins-Scott Winery) Staff Recommendation:  Council approves the request for Mills Act Contract. Staff Contact: Steve Lynch, (408) 730-2723
5.	MOTION RTC 05-287	Legislative Action Position on AB 438 Staff Recommendation: Council defers action until League of California Cities completes its analysis of the bill. Staff Contact: Bob Paternoster,  (408) 730-7450

NON-AGENDA ITEMS & COMMENTS

• COUNCIL
• STAFF

INFORMATION ONLY ITEMS

Tentative Council Meeting Agenda Calendar

RTC 05-298 Resident Satisfaction Survey: Results and Key Findings

RTC 05-300 City of Sunnyvale Lot Coverage Study Issue – Two-Year Review  

Unapproved Minutes of Heritage Preservation Commission Meeting of 10/5/05

Unapproved Minutes of Parks and Recreation Commission Meeting of 9/14/05

Unapproved Minutes of Parks and Recreation Commission Meeting of 9/20/05

Unapproved Minutes of Arts Commission Meeting of 9/21/05

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
October 18, 2005	Council Meeting	7        p.m.	Council Chambers
October 20, 2005	Special Council Meeting – (Closed Session) City Manager Formal Evaluation	5:30   p.m.	West Conf. Room
October 25, 2005	Council Meeting	7        p.m.	Council Chambers
November 1, 2005	Council Meeting	7        p.m.	Council Chambers
November 15, 2005	Council Meeting	7        p.m.	Council Chambers
November  22, 2005	Council Meeting	7        p.m.	Council Chambers
November 29, 2005	Council Meeting	7        p.m.	Council Chambers
December  13, 2005	Council Meeting	7        p.m.	Council Chambers
December  20, 2005	Council Meeting	7        p.m.	Council Chambers

OTHER SCHEDULED MEETINGS 

October 17, 2005	Personnel Board	5        p.m.	Council Chambers
October 19, 2005	Arts Commission	7        p.m.	Council Chambers
October 24, 2005	Planning Commission Study Session	7        p.m.	West Conf. Room
October 24, 2005	Planning Commission Public Hearing	8        p.m.	Council Chambers
October 26, 2005	Administrative Hearing	2        p.m.	West Conf. Room
October 26, 2005	Housing & Human Services Commission	7        p.m.	West Conf. Room
November 9, 2005	Heritage Preservation Commission	7        p.m.	Lobby Conf. Room
November 9, 2005	Parks and Recreation Commission	7        p.m.	Council Chambers
November 14, 2005	Planning Commission Study Session	7        p.m.	West Conf. Room
November 14, 2005	Planning Commission Public Hearing	8        p.m.	Council Chambers
November 16, 2005	Administrative Hearing	2        p.m.	West Conf. Room
November 16, 2005	Arts Commission	7        p.m.	Council Chambers
December 14, 2005	Parks and Recreation Commission	7        p.m.	Council Chambers
December 21, 2005	Arts Commission	7        p.m.	Council Chambers
January 11, 2006	Parks and Recreation Commission	7        p.m.	Council Chambers
January 18, 2006	Arts Commission	7        p.m.	Council Chambers

CHANNEL 15 – KSUN

October 18, 2005	City Council Meeting - Live	7        p.m.
October 19, 2005	City Council Meeting – Replay of October 18, 2005	7       p.m.
October 22, 2005	City Council Meeting – Replay of October 18, 2005	4        p.m.
October 25, 2005	City Council Meeting – Live	7        p.m.
October 26, 2005	City Council Meeting – Replay of October 25, 2005	7        p.m.