(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

 CLOSED SESSION REPORT  Employee Performance Evaluation of City Manager on Oct. 20, 2005 pursuant to Government Code Section 54957 5)

 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 18, 2005
1.B.	MOTION	Approval of Information/Action Items - Council Directions to Staff

Fiscal Items

1.C.	MOTION RTC 05-308	List of Claims and Bills Approved for Payment by the City Manager (List No. 269)   Staff Recommendation:  Review list of bills. Staff Contact:  Elaine Wesely - (408) 730-7380
1.D.	MOTION RTC 05-321	FY 2004/2005 Project and Equipment Carryover Report and Budget Modification No. 6   Staff Recommendation:  Council approves Alternative 1 and Budget Modification No. 6 (Alternative 1 – Approve Budget Modification No. 6 appropriating funds outlined in this report and detailed in Attachments A, B, C, and D). Staff Contact:  Charlene Sun – (408) 730-7380
1.E.	MOTION RTC 05-320	Estimated Costs for consolidation of the 2005 Election with the County of Santa Clara Registrar of Voters and Budget Modification No. 10   Staff Recommendation:  Council approves Budget Modification No. 10 to cover the cost of the City’s pro-rata share of the 2005 election costs. Staff Contact:  Katherine Chappelear – (408) 730-7474
1.F.	MOTION RTC 05-314	City of Sunnyvale Investment Report 3rd Quarter 2005   Staff Recommendation:  Council receives and files the Investment Report Staff Contact:  Therese Balbo – (408) 730-7380

Contracts

1.G.	MOTION RTC 05-315	Award of Bid No. F0508-09 for Roof Replacements at Lakewood and Murphy Parks   Staff Recommendation:  Council (1) Awards contract, in substantially the same form as the attached draft and in the amount of $130,963, to Shelton Roofing Co., Inc., for the Lakewood Park and Murphy Park Roof Replacement Project; and (2) Approves project contingency in the amount of $19,644. Staff Contact:  Elaine Wesely - (408) 730-7380
1.H.	MOTION RTC 05-317	Award of Contract to Provide Weekday Lunches and Cater Special Events for Seniors at the Sunnyvale Senior Center   Staff Recommendation:  Council awards a two-year contract to Basil S. Salah doing business as Culinary Magic Catering, in substantially the same form as the attached draft and in an amount not to exceed $170,000 to provide weekday lunches and cater special events for seniors at the Sunnyvale Senior Center. Staff Contact:  Elaine Wesely, (408) 730-7380
1.I.	MOTION RTC 05-306	Award of Contract to Provide Engineering and Landscape Design Service Relating to Improvements on the North Side of the Sunnyvale Caltrain Station (F0510-22)   Staff Recommendation: Council awards contract, in substantially the same form as the attached draft and in an amount not to exceed $100,000 to HNTB Corporation to provide engineering and landscape design services for improvements on the north side of the Sunnyvale Caltrain Station. Staff Contact:  Elaine Wesely, (408) 730-7380
1.J.	MOTION RTC 05-310	Rejection of Bids for Replacement of Fire Protection  Alarm and Halon Systems at Various City Buildings (F0507-06)   Staff Recommendation: Council rejects the only bid received in response to Invitation for Bids No. F0507-06 for the replacement of fire protection alarm and halon systems in various City buildings and directs staff to modify bid specifications and rebid this project at some future date. Staff Contact:  Elaine Wesely, (408) 730-7380

Personnel

1.K.

RESOLUTION RTC 05-318

Salary Resolution – Fiscal Year 2005-2006   Staff Recommendation:  Council adopts Alternative No. 1; to incorporate updates and the necessary corrections to maintain current information in this document.  In addition, adopt the proposed Section 5.045. Interim/Acting Pay. Management to provide the City Manager flexibility in the designation of pay when appointing employees to a management or executive vacant position on an interim basis; adopt Section 5.048. Y-Rating Pay to provide the City Manager with authority to temporarily pay an affected employee at a former salary rate when the City allocates his/her position to a classification with a lower salary rate than the position was formerly receiving; and adopt an amendment to Section 2.500.  Assignment of Pay Ranges and Rates to Pay Plan – Category H recommending an increase from the current range ($6.75 to $40.00 per hour) to a proposed range ($6.75 to $75.00 per hour) to accommodate hourly salaries that, due to market conditions, need to be paid to attract Unclassified temporary new hires (Recreation Instructor/Official) to teach specialized classes. Staff Contact:  Myriam Castaneda - (408) 730-7503

Other

1.L.	MOTION RTC 05-305	Approval of Final Map (Tract No. 9676) – Classics at City Park – 130 Townhouses by SCC-Canyon II, LLC.   Staff Recommendation:  Council approves the final map for Tract No. 9676 and directs 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 – (408) 730-7415
1.M.	MOTION RTC 05-291	Ratification of Council Intergovernmental Committee Appointment   Staff Recommendation:  Council ratifies Vice Mayor Ron Swegles’ appointment to the Air Force Space Command’s Commander’s Group Staff Contact:  Coryn Campbell,  (408) 730-7475
1.N.	MOTION RTC 05-313	Recommendation to Approve Confirmation of New Members to the NOVA Workforce Board   Staff Recommendation:  Council confirms the NOVA Workforce Board Nominating Committee’s recommendation that Mr. Anthony Redmond and Mr. Sid Wilkins be appointed to four-year terms on the NOVA Workforce Board Staff Contact:  Mike Curran - (408) 730-7248

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.	ORDINANCE RESOLUTION RTC O5-311	Centex Homes (Applicant) Dubrovnik Properties LLC (Owner): Application for Related Proposals to Allow 55 Single-Family Homes on a 4.8-Acre Site (Oasis Mobile Home Manor) Located at 610 Alberta Avenue (near Hollenbeck Avenue) in an RMH (Residential Mobile Home) Zoning District. Staff Recommendation: Council approves with conditions Staff Contact: Gerri Caruso, (408) 730-7591
3.	ORDINANCE RTC 05-297	Extension of Moratorium on Places of Assembly in the Commercial/Industrial Zoning Districts and Amusement/Recreation Uses in Industrial Zoning Districts   Staff Recommendation:  Council extends the Urgency Interim Zoning Ordinance for an Additional 10 Months Staff Contact:  Troy Fujimoto, (408) 730-7443
4.	MOTION RTC 05-316	Liquidambar Street Tree Removal Criteria – Study Issue Follow-up Staff recommends Alternative Nos. 1 and 2: 1)  Allow one hundred (100) Liquidambar street trees to be removed each fiscal year by adjacent property owners under certain terms: • Property owner is to acquire a City Street Tree Work Permit • Property owner provides evidence of homeowners insurance and hires a California State licensed contractor • One Liquidambar street tree may be removed per each ten (10) existing Liquidambar street trees per street block section • No two adjacent Liquidambar trees on the same property or adjoining properties may be removed in the same fiscal year. ·   Request for Removal Priority List will be established when multiple requests in the same area are received (ranking the removal requests by date and time of the requests.) • The removed Liquidambar street tree shall be  replaced with a thirty-six- inch standard nursery box tree or equivalent size as directed by the Superinten­dent of Trees and Landscaping from the existing Liquidambar tree replacement listing. PLEASE SEE THE REPORT TO COUNCIL FOR A DETAILED LISTING OF THE RECOMMENDED CRITERIA FOR REMOVAL    2)  Staff shall submit to Council during the Fiscal Year 2006/07 budget review, a budget issue item for the possible funding of non-hazardous Liquidambar street tree removals and alternative tree species replacement.  If funding is allocated for such tree removals, staff shall submit to Council, for approval, the selection criteria for City-funded tree removals to include financial need as a component of the criteria. Staff Contact: Leonard Dunn (408) 730-7505
5.	MOTION RTC 05-309	Positions on State and Local Ballot Measures for the November 2005 General Election   Staff Recommendation: Proposition 73:  No Position “Waiting Period and Parental Notification before Termination of Minor’s Pregnancy.”   Proposition 74:  No Position “Public School Teachers.  Waiting Period for Permanent Status.  Dismissal.”   Proposition 75:  No Position “Public Employee Union Dues.  Restrictions on Contributions.  Employee Consent Requirement.”   Proposition 76:  No Position “State Spending and School Funding Limits.”   Proposition 77:  No Position “Redistricting.”   Proposition 78:  No. Position “Discounts on Prescription Drugs.”   Proposition 79:  No Position “Prescription Drug Discounts.  State-Negotiated Rebates.”   Proposition 80:  Oppose “Electric Service Providers.  Regulation.”   Measure D:  Support “Business License Tax – City of Sunnyvale”   Measure E:  Support “Hotel Tax – City of Sunnyvale”   Measure F:  Support “Term Limits – City of Sunnyvale”   Measure G:  Support “City Manager’s Residence – City of Sunnyvale”   Measure H:  Support “Heritage Resource – City of Sunnyvale”   Staff Contact:  Coryn Campbell – (408) 730-7475

NON-AGENDA ITEMS & COMMENTS

INFORMATION ONLY ITEMS

• 2005 Tentative Council Agenda Calendar
• RTC 05-312 Appeal of a Planning Commission Agenda Item of October 10, 2005 and Administrative Hearing Item of October 12, 2005 
• Study Session Summary – Intergovernmental Relations – October 4, 2005
• Unapproved Minutes of the Board of Library Trustees Meeting of 10/03/05
• Unapproved Minutes of the Bicycle and Pedestrian Advisory committee Meeting of 10/13/05

 ADJOURNMENT OF CITY COUNCIL

CONSENT CALENDAR

RDA 1.A.

MOTION

Approval of Draft Minutes of Agency Meeting of September 13, 2005

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 Agency Board Members. If you wish to address the Agency Board, please complete a Speaker Card and give it to the City Clerk.

NON-AGENDA ITEMS & COMMENTS

• AGENCY BOARD
• AGENCY STAFF

ADJOURNMENT OF REDEVELOPMENT AGENCY

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)