NOTICE AND AGENDA

 

SUNNYVALE CITY COUNCIL  

TUESDAY, AUGUST 8, 2006

COUNCIL CHAMBERS, 456 WEST OLIVE AVENUE

SUNNYVALE, CALIFORNIA

 

5:30 P.M. SPECIAL  MEETING (Closed Session)

City Council Closed Session

1.   Call to Order in the West Conference Room (Open to the Public)

2.   Roll Call

3.   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.

·          Confer with Legal Counsel Pursuant to Government Code Section 54956.9(a) regarding an Item of Pending Litigation – In re: Worker’s Compensation Claims of David Bo, WCAB Case No(s):  Unassigned, SJO223652; SJO223653

4.   Adjourn Special Meeting

 

6:00 P.M. SPECIAL  MEETING (Study Session)

1.   Call to Order in the West Conference Room (Open to the Public)

2.   Roll Call

3.   Convene Study Session - Overview of the Department of Public Safety Traffic Safety and Education Program

4.  Public Comments

5.   Adjourn Special Meeting

 

7:00 P.M. REGULAR MEETING

 

SALUTE TO THE FLAG

 

ROLL CALL

 

(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 Hearing & 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.)

 

CLOSED SESSION REPORTS FOR JULY 25 (held after Regular Council Meeting)  Conference with City’s real property negotiators pursuant to Government Code Section 54956.8 to review price and terms of payment for City property located at Capella Way, Aries, Frances and Taaffe Streets, Sunnyvale, California.  The City’s real property negotiator is Amy Chan, City Manager

 

Confer with Legal Counsel – Anticipated Litigation – Pursuant to Government Code Section 54956.9(c); Initiation of Litigation: 1 potential case – Fourth Quarter Properties

 

CLOSED SESSION REPORTS FOR AUGUST 1 - Conference with Labor Negotiators pursuant to Government Code 54987.6. Negotiator: Erwin Young, Director of Human Resources; Employee Organization: Public Safety Officers Association (PSOA

 

Confer with Legal Counsel – Anticipated Litigation – Pursuant to Government Code Section 54956.9(c); Initiation of Litigation: 1 potential case – Fourth Quarter Properties

 

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 July 18, 2006

1. B.

MOTION

Approval of draft Minutes of Regular Meeting of July 25, 2006

1. C.

MOTION

Approval of Information/Action Items - Council Directions to Staff

 

Fiscal Items

 

1. D.

 

 

MOTION

RTC 06-254 

 

List of Claims and Bills approved for payment by the City Manager (List No. 309)

 

Staff Recommendation:  Council reviews list of bills.

Staff Contact:  Elaine Wesely, (408) 730-7418

 

1. E.

MOTION

RTC 06-257

City of Sunnyvale Investment Report 2nd Quarter 2006

 

Staff Recommendation: City Council receives and files the investment report.

Staff Contact: Theresa Balbo, (408) 730-7604

 

Contracts

 

1. F.

MOTION

RTC 06-249

 

Authorization to Increase Expenditures Under an Existing Contract for Tree Pruning and/or Removal Service (F0506-103)

 

(Staff Recommendation)Staff Recommendation: Council increases authorized expenditures by $30,000 under an existing blanket purchase order with TruGreen Landcare for tree pruning and/or removal services, making a total one-year contract amount of $80,000.

(Staff Contact: Name and phone)Staff Contact: Elaine Wesely, (408) 730-7418

 

1. G.

MOTION

06-258

 

Award of Contract for Four Library Self-Check Machines (F0607-05)

 

(Staff Recommendation)Staff Recommendation: Council awards a contract to 3M Library Systems of St. Paul, Minnesota, in substantially the same form as the attached draft purchase order and in the amount of $84,594, to furnish and install four library patron self-service book checkout machines.

(Staff Contact: Name and phone)Staff Contact: Elaine Wesely, (408) 730-7418

 

Other Items

 

1. H.

MOTION

RTC 06-251

Update of the City's Environmental Procurement Plan to Conform with Senate Bill

 

Staff Recommendation: Alternative No. 1: Council approves the update to the City of Sunnyvale’s Environmental Procurement Policy in order to comply with SB 1106.

Staff Contact: Julie Benabente, (408) 730-7484

 

1. I.

MOTION

RTC 06-253

Designation of Voting Delegate and Alternates for 2006 League of California Cities Annual Conference

 

Staff Recommendation: Alternative 1: Council designates: Mayor Ron Swegles as the voting delegate and Vice Mayor Otto Lee as the voting delegate alternate for the League of California Cities Annual Business Meeting, to be held on September 9, 2006, at 8:30 a.m.; and Council authorizes staff to submit and return the 2006 Annual Conference Voting Delegate/Alternate Form to the League by August 15, 2006.

Staff Contact: Andrea Georgelos, (408) 730-7454

 

1. J.

MOTION

ORDINANCE No. 2812-06

Adoption of Ordinance No. 2812.06 Amending Chapter 3/12 of Title 3 of the Sunnyvale Municipal Code Pertaining to Utility Users Tax on Intrastate Telephone Communication Services

 

 

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 (may be extended or continued after the Public Hearing/General Business section of the agenda at the discretion of the Mayor) 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. Individuals are limited to one appearance during this section.

 

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 06-261

 

 

 

Appeal of a decision of the Planning Commission for an application for a Variance on a 6,211 square-foot site from Sunnyvale Municipal Code section 19.34.040 to allow a six-foot setback where nine feet is required. The property is located at 734 Ashbourne Dr (near E. Fremont Ave) in R-0 (Low-Density Residential) Zoning District.

 

Staff Recommendation: Alternative No. 1: Council continues this item to the Council meeting of August 22, 2006.

Staff Contact: Steve Lynch, (408) 730-2723

 

3.

MOTION

RTC 06-255
(html link to Report and Attachments)

Sunnyvale Bicycle Plan Update - Study Issue Deferred from July 18, 2006

 

Staff and Bicycle & Pedestrian Advisory Committee Recommendation:  Alternative No. 1: Council adopts the 2006 Sunnyvale Bicycle Plan, including the updated Bicycle Capital Improvement Program, as submitted.

Staff Contact: Dieckmann Cogill, (408) 730-2713

 

4.

MOTION

RTC 06-259

 

 

Study Issue: Consider Revisions to Council Policy 7.3.22 Recognition of Donations and Use and Layout of Plaques

 

Staff Recommendation: Council approves Alternatives Nos. 1, 3 and 4:

·         Alternative No. 1:  Council revises Council Policy 7.3.22 Recognition of Donations and Use and Layout of Plaques current wording related to the recognition of donations of $20,001 and above to include the recognition of contributions such as the donation of volunteer time from members of the community.

·         Alternative No. 3:  Council revises Council Policy 7.3.22 to include additional wording regarding the maintenance and upkeep of plaques installed on city facilities.

·         Alternative No. 4:  Council combines the section of Council policy 7.3.22 Recognition of Donations and Use and Layout of Plaques that addresses the use of plaques for the recognition of donations, into Council policy 7.3.20 Council Resolutions, Proclamations, Certificates and Letters of Public Recognition and revises and renames the policy, “Council Recognition of Individuals, Organizations and /or Events.”

Staff Contact: Cathy Merrill, (408) 730-7531

 

NON-AGENDA ITEMS & COMMENTS

  • COUNCIL
  • STAFF

INFORMATION ONLY REPORTS/ ITEMS

 

ADJOURNMENT

 

CITY COUNCIL SPECIAL MEETING – CLOSED SESSION

City Council Closed Session

1.   Call to Order in the West Conference Room (Open to the Public)

2.   Roll Call

3.   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.

·        Confer with Legal Counsel – Anticipated Litigation – Pursuant to Government

       Code Section 54956.9(c); Initiation of Litigation: 1 potential case – Fourth

       Quarter Properties

4.   Adjourn Special Meeting

 

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 CFR 35.104 ADA Title II)


GUIDELINES FOR ADDRESSING THE CITY COUNCIL

 

Public Announcements – Beginning of Council Meeting

§         Three 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 three 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.

§         This category is limited to 15 minutes (may be extended or continued  after the Public Hearing/General Business section of the agenda at the discretion of the Mayor) 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. Individuals are limited to one appearance during this section.

 

Planning a presentation for a City Council/Planning Commission Meeting?

 

To assist you in utilizing the technology available in the Council Chambers, the publication “How to Make Your Council Chambers Presentation More Effective” may be helpful. Copies are available on the table located at the back of the Council Chambers prior to scheduled City Council and Planning Commission meetings.  You may also pick up a copy at the Office of the City Clerk or visit the City’s web site at http://sunnyvale.ca.gov.

 

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

August 8, 2006

Council Meeting

7        p.m.

Council Chambers

August 22, 2006

Council Meeting

7        p.m.

Council Chambers

September 12, 2006

Council Meeting

7        p.m.

Council Chambers

September 19, 2006

Council Meeting

7        p.m.

Council Chambers

September 26, 2006

Council Meeting

7        p.m.

Council Chambers

 

OTHER SCHEDULED MEETINGS

 

August 7, 2006

Board of Library Trustees

7        p.m.

Council Chambers

August 14, 2006

Planning Commission Study Session

7        p.m.

West Conf. Room

August 14, 2006

Planning Commission Public Hearing

8        p.m.

Council Chambers

August 16, 2006

Administrative Hearing

2        p.m.

West Conf. Room

August 17, 2006

Bicycle and Pedestrian Advisory Committee

6:30   p.m.

West Conf. Room

August 21, 2006

Personnel Board

5        p.m.

Council Chambers

August 23, 2006

Housing & Human Services Commission

7        p.m.

West Conf. Room

August 28, 2006

Planning Commission Study Session

7        p.m.

West Conf. Room

August 28, 2006

Planning Commission Public Hearing

8        p.m.

Council Chambers

August 29

Joint Study Session - Parks and Recreation and Arts Commissions on Fee Waiver Report

6        p.m.

West Conf. Room

August 29

Joint Meeting - Parks and Recreation and Arts Commissions

7        p.m.

West Conf. Room

August 30, 2006

Administrative Hearing

2        p.m.

West Conf. Room

September 6, 2006

Heritage Preservation Commission