NOTICE AND AGENDA

 

SUNNYVALE CITY COUNCIL  

TUESDAY, DECEMBER 12, 2006

COUNCIL CHAMBERS, 456 WEST OLIVE AVENUE

SUNNYVALE, CALIFORNIA

 

 

4:00 P.M. REDEVELOPMENT AGENCY SPECIAL MEETING (Closed Session)

Redevelopment Agency 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.

·         Conference with Real Property Negotiator: City Manager, Amy Chan, pursuant to GC 54956.8 for confidential discussions regarding the sale or transfer of the Sunnyvale Town Center Redevelopment Project

4.   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 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.)

 

CLOSED SESSION REPORT FOR REDEVELOPMENT AGENCY - December 1, 2006

Conference with Real Property Negotiator: City Manager, Amy Chan, pursuant to GC 54956.8 for confidential discussions regarding the sale or transfer of the Sunnyvale Town Center Redevelopment Project

 

CLOSED SESSION REPORT FOR REDEVELOPMENT AGENCY – DECEMBER 12, 2006

Conference with Real Property Negotiator: City Manager, Amy Chan, pursuant to GC 54956.8 for confidential discussions regarding the sale or transfer of the Sunnyvale Town Center Redevelopment Project

 

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 Special Meeting of November 20, 2006

1. B.

MOTION

Approval of Draft Minutes of Regular Meeting of November 28, 2006

1. C.

MOTION

Approval of Information/Action Items - Council Directions to Staff

 

Fiscal Items

 

1. D.

MOTION

RTC 06-393

 

List of Claims and Bills Approved for Payment by the City Manager - List Nos. 327 and 328   

 

Staff Recommendation: Council reviews the attached list of bills.

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

 

1. E.

MOTION

RTC 06-377

 

Notice of Intent to Apply for California Office of Traffic Safety Click It or Ticket Seat Belt Enforcement Mini-Grant Funding

 

Staff Recommendation: Council allows the Department of Public Safety to proceed with the OTS Seat Belt Enforcement Mini-Grant application.

Staff Contact: Heather Tannehill, (408) 730-7157

 

Contracts

 

1. F.

MOTION

RTC 06-392

Rejection of Sole Bid Received in Response to Invitation for Bids No. F0504-70 for Carpet Tile Removal and Replacement at Public Safety Headquarters and Cancellation of Council Award for the Purchase of Carpet Tiles

 

 

Staff Recommendation: Council: 1. Rejects the sole bid received in response to Invitation for Bids No. F0504-70 for carpet tile removal and replacement at Public Safety Headquarters;  2. Cancels July 25, 2006, Council authorization to issue a Purchase Order to Shaw Industries, Inc., for the purchase of carpet tiles for Public Safety Headquarters (RTC No. 06-244); and 3. Directs staff to revise bid specifications and rebid this project at a later date.

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

 

1. G.

MOTION

RTC 06-386

 

Award of Bid No. F0502-56 for Cellular Phone Service

 

Staff Recommendation: Council: 1. Awards a one-year contract, in substantially the same form as the attached draft Purchase Order, to Cingular Wireless for cellular phone service; and 2. Delegates authority to the City Manager to exercise an option to extend the contract for two additional one-year periods, provided that the price and service remain acceptable to the City

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

 

  

1. H.

MOTION

RTC 06-395

 

Award of Contract for On-Call Mechanical Maintenance and Repair Services at the Water Pollution Control Plant (F0610-44)

 

 

 

 

Staff Recommendation: Council awards a one-year blanket purchase order, in substantially the same form as the attached draft purchase order and in an amount not to exceed $75,000, to D.W. Nicholson Corporation for on call mechanical maintenance and repair services at the Water Pollution Control Plant.

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

 

1. I.

MOTION

RTC 06-391

Award of Bid No. F0610-40 for the Application of Slurry Seal on Streets Throughout the City

 

 

Staff Recommendation: Council:  1. Awards a contract, in substantially the same form as the attached draft and in the amount of $184,745, to Graham Contractors, Inc., for the application of slurry seal on streets throughout Sunnyvale; and 2. Approves a project contingency in the amount of $18,475.

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

 

 

Other

 

1. J.

MOTION

RTC 06-346

 

Annual Review – Code of Conduct for Elected Officials

 

Staff Recommendation: Council reviews and approves the Code of Conduct and directs staff to return Code of Conduct to Council for an annual review in 2007.

Staff Contact:  Janice Clark, (408) 730-7595

 

1. K.

MOTION

RTC 06-389

 

Annual Review – Code of Ethics

 

Staff Recommendation:  Council reviews the code of Ethics, reaffirms the Code as it is currently written and directs staff to return the Code of Ethics to Council in 2007 for annual review.

Staff Contact: Janice Clark, (408) 730-7595

 

1. L.

ORDINANCE

No. 2826-06

 

Adoption of Ordinance No. 2826-06 Amending the Precise Zoning Plan, Zoning Districts Map, to Rezone certain Property located at 640 Lakehaven Drive from R-O (Low-Density Residential) Zoning District to R-O/PD (Low-Density Residential/Planned Development) Zoning District

 

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 Hearings/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 Hearings/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 06-396

 

Board and Commission Appointments (Based on 2006 Fall Recruitment)

 

Staff Recommendation: Council confirms appointments from the candidates listed in this report, specifying the terms for each candidate for the Board/Commission that has multiple seats and terms and directs staff to include the remaining vacancies in the 2007 Summer Appointment Process.

Staff Contact: Janice Clark, (408) 730-7595

 

3.

MOTION

RTC 06-397

 

Study Issue - Changes to Residential Garbage Collection Rates, Containers, Policies and Procedures

 

Staff Recommendation: Council approves implementation of the following (shown below) by no later than FY 08/09, with implementation to be preceded by completion of the Cost of Service Study, Council adopts updated Cost of Service refuse collection rates that reflect the reduced costs resulting from the changes, and an outreach process. The outreach process would inform customers of the changes to rates, containers, policies and procedures and ask customers to select their preferred cart sizes.

Alternative 1 - Provide carts to remaining customers who still use 32-gallon cans as their primary waste container (includes Baseline, Unlimited Can, Commercial Can, and Apartment Can customers)

Alternative 2a - Charge graduated “Pay as You Throw” rates based on the size of the garbage cart, eliminate Unlimited service and establish separate Cost of Service rates for the various garbage cart sizes.

Alternative 3 - Require customer pre-payment for collection of additional cans, bags, or boxes containers

Alternative 4 - Provide customers with on-call pickup (two times per year) for removal of extra waste and bulky goods on days chosen by customers

Staff Contact: Mark Bowers (408) 730-7421

 

 

NON-AGENDA ITEMS & COMMENTS

·            COUNCIL

·            STAFF

 

INFORMATION ONLY REPORTS/ITEMS

·         Tentative Council Meeting Agenda Calendar

·         Approved Minutes of the Heritage Preservation Commission Meeting of October 4, 2006

·         Draft Minutes of the Arts Commission Meeting of November 15, 2006

·        RTC 06-394 Opportunity to Appeal Decisions of the Planning Commission of November 27, 2006 and the Administrative Hearing of November 29, 2006

 

 

ADJOURNMENT TO MEEETING OF REDEVELOPMENT AGENCY

 

REDEVELOPMENT AGENCY

 

ROLL CALL

 

CONSENT CALENDAR

 

1. A.

MOTION

Approval of Draft Minutes of Regular Meeting of August 22, 2006

 

PUBLIC HEARINGS/GENERAL BUSINESS

If you wish to speak to a Public Hearings/General Business item, please fill out a Speaker Card and give it to the Agency Clerk.  You will be recognized at the time the item is being considered by the Agency.  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

RDA 06-004

 

Consideration of Request to Transfer Sunnyvale Town Center Project from Fourth Quarter Properties to RREEF/Sand Hill Properties Joint Venture

 

Staff Recommendation: Council approves, with conditions, the request of Fourth Quarter Properties XLVIII, LLC, to transfer Town Center Project to RREEF America, LLC, in joint venture with Sand Hill Properties

Staff Contact: Robert Paternoster, (408) 730-7450

 

 

PUBLIC COMMENTS

 

 

 

 

 

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.

 

ADJOURNMENT OF THE 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 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 Hearings/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

December 12, 2006

Council Meeting

7        p.m.

Council Chambers

December 15, 2006

Special Council Meeting – Study Issues Workshop

8:30   a.m. 

Council Chambers

December 19, 2006

Council Meeting

7        p.m.

Council Chambers

January 9, 2007

Council Meeting

7        p.m.

Council Chambers

January 23, 2007

Council Meeting

7        p.m.

Council Chambers

January 30, 2007