SunnyvaleRTC

NOTICE AND AGENDA

SUNNYVALE CITY COUNCIL

TUESDAY, JULY 18, 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.

· Conference with Legal Counsel, Existing litigation. Government Code Section

54865.9(a). Thompson-Pacific Construction Inc. v. City of Sunnyvale, Appellate

Case No. H029818

· Conference With Legal Counsel - Anticipated Litigation. Government Code Section 54956.9. Significant exposure to litigation, 1 potential case

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 – Update of Fiscal Sub-Element

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 REPORT FOR JULY 18, 2006

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 June 13, 2006
1. B.	MOTION	Approval of draft Minutes of Regular Meeting of June 20, 2006
1. C.	MOTION	Approval of draft Minutes of Special Meeting of June 27, 2006
1. D.	MOTION	Approval of Information/Action Items - Council Directions to Staff

Fiscal Items

1. E.

MOTION

RTC 06-235

List of Claims and Bills approved for payment by the City Manager (List Nos. 304, 305, 306 and 307)

Staff Recommendation: Council reviews list of bills.

Staff Contact: Elaine Wesely, (408) 730-7380

1. F.

MOTION

RTC 06-237

Transmittal of Golf Course Maintenance Operations and Golf Shop Services (Program 645) Performance Results Audit for FY 2004/2005TITLE)

Staff Recommendation: Alternative No.1 – Council receives(Staff Recommendation) the audit report and concurs with management’s acceptance of recommendations.

Staff Contact: Sue English - (408)730-7401

Personnel Items

1. G.

RESOLUTION

MOTION

RTC 06-232

Implementation of Salary Survey: Amendment to the Salary Resolution to reflect the new pay ranges for the Senior Programmer Analyst and related job classifications

Staff Recommendation: Alternative No. 1: Council adopts a resolution to amend the Salary Resolution to reflect the new pay rates for Senior Programmer Analyst and related job classifications and approves Budget Modification No. 2.

Staff Contact: Erwin Young, (408) 730-7495

1. H.

RESOLUTION

MOTION

RTC 06-238

Development of Job Classifications for Finance and Human Resources Departments: Principal Buyer, Budget Analyst I/II, Senior Human Resources Analyst, and assignment of the Senior Accounting Technician to Pay Plan G (Confidential Employees)

Staff Recommendation: Alternative No.1: Council approves all recommendations contained the report related to proposed classification changes.

Staff Contact: Kelly Menehan, (408) 730-7526

1. I.

RESOLUTION

MOTION

RTC 06-226

Adoption of Resolution to Authorize the Director of Human Resources to Receive Criminal History Information for New Employees/Volunteers

Staff Recommendation: Alternative No. 1: Council adopts Resolution authorizing the Director of Human Resources, or designee, to access summary criminal history information for employment/placement purposes for all prospective employees, volunteers and independent contractors.

Staff Contact: Tammy Parkhurst, (408) 730-7498

Contracts

1. J.

MOTION

RTC 06-221

Award of Bid No. F0504-74 to Replace the Waterproofing and Carpet on an Elevated Deck at the Sunnyvale Golf Course

(Staff Recommendation)Staff Recommendation: Council: 1. Awards a contract, in substantially the same form as the attached draft and in the amount of $60,000, to Louis and Riparetti, Inc., to replace the waterproofing and carpet on an elevated deck at the Sunnyvale Golf Course; and 2. Approves a project contingency in the amount of $12,000.

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

1. K.

MOTION

RTC 06-236

Agreement between the City of Sunnyvale and Silicon Valley Leadership (formerly Leadership Sunnyvale) to provide Leadership Sunnyvale Training Program

Staff Recommendation: Alternative No. 1: Council approves the two-year SVL Agreement, depicted by Attachment A, to provide leadership training, via the Leadership Sunnyvale Program, to the Sunnyvale community and authorizes the City Manager to enter into said Agreement dated retroactively to July 1, 2006.

Staff Contact: Coryn Campbell, (408) 730-7475.

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.

RESOLUTION

MOTION

RTC 06-229 (htm)

Approval to Levy and Collect Assessment for Downtown Parking Maintenance District for Fiscal Year 2006/2007 and 2007/2008 and Approval of the Final Engineer’s Report

Staff Recommendation: Alternative No. 1: Council adopts Resolution to levy and collect assessment for the Downtown Parking Maintenance District for FY 2006/2007 and 2007/2008; approves Final Engineer’s Report; and directs staff to instruct the engineer to forward assessment to the County for inclusion on the property tax rolls.

Staff Contact: Connie Verceles, (408) 730-7256

RESOLUTION

MOTION

RTC 06-225

Collection of Wastewater Charges for Property Outside the City on the Fiscal Year 2006/2007 Property Tax Roll

Staff Recommendation: Alternative No. 1: Council adopts the resolution approving the proposed assessments.

Staff Contact: Tim Kirby, (408) 730-2712

RESOLUTION

MOTION

RTC 06-224

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 2006/2007 Tax Roll

Staff Recommendation: Alternative No. 1: Council adopts the attached 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 2006/2007 tax roll.

Staff Contact: Tim Kirby, (408) 730-2712

MOTION

06-239 & Attachments A - H

Attachment K 45 - K49

Attachment K50 - K54

Attachment K55 - K58

2006-0357 BARK Kennel & Boarding (Applicant) August M. Hagemann, Jr. and Linda J. Hagemann Trustee [Owners]: Appeal of a decision by the Planning Commission approving a Use Permit on a 32,300 square-foot site to allow long-term boarding and daycare services for up to 335 dogs and 50 cats and including ancillary retail services. Property located at 170 North Wolfe Road (near Central Expressway) in M-S (Industrial & Service) Zoning District. (Negative Declaration)

Staff Recommendation: Alternative No.1: Council upholds the decision of the Planning Commission and approves the Use Permit with conditions.

Staff Contact: Gerri Caruso, (408) 730-7591

MOTION

Sunnyvale Bicycle Plan Update – Study Issue

Staff 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

MOTION

RTC 06-223 & Attachments A - E

Attachments F - I

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. Property located at 734 Ashbourne Drive (near E. Fremont Avenue) in R-O (Low-Density Residential) Zoning District

Staff Recommendation: Alternative No. 1: Council denies the appeal and upholds the decision of the Planning Commission to deny the Variance

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

MOTION

RTC 06-240

Study Issue - Carbon Dioxide Emissions Reduction Project and Approval of Budget Modification No. 3

Staff Recommendation: Alternative #1 – Council becomes a pledging partner of Sustainable Silicon Valley (SSV) and directs staff to determine a reduction goal, select a baseline year and return with a work plan; and Council approves Budget Modification No. 3 in the amount of $22,800 for annual SSV dues, labor costs and a one-time consultant cost.

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

MOTION

RTC 06-234 (htm)

Selection of Ad Hoc Charter Review Committee Members and Direction

Staff Recommendation: Alternatives Nos. 1, 2 and 3:

1. Council receives the appointments to the Ad Hoc Charter Review

Committee of all Councilmembers and confirms the Mayor’s

appointment of the 15^th member of the committee;

2. Council identifies and selects Charter provisions and/or Charter

issues to be given priority by the Committee for review and

recommendations. (Council to select one or more issues for

Committee review)

3. Council allocates additional funds in an amount not to exceed

$35,000 to fund the Ad Hoc Charter Review Committee

Staff Contact: David Kahn, (408) 730-7460

NON-AGENDA ITEMS & COMMENTS

COUNCIL
STAFF

INFORMATION ONLY REPORTS/ ITEMS

Tentative Council Meeting Agenda Calendar (doc)

RTC 06-227 Board and Commission Quarterly Attendance (Spring 2006) – Information Only

RTC 06-222 Board and Commission Resignation – Information Only

Study Session Summary - Joint Meeting with the Housing and Human Services Commission – June 13, 2006

Draft Minutes of the Bicycle and Pedestrian Advisory Committee Meeting of June 22, 2006

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 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
July 18, 2006	Council Meeting	7 p.m.	Council Chambers
July 25, 2006	Council Meeting	7 p.m.	Council Chambers
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