NOTICE AND AGENDA

SUNNYVALE CITY COUNCIL

TUESDAY, MARCH 7, 2006

COUNCIL CHAMBERS, 456 WEST OLIVE AVENUE

SUNNYVALE, CALIFORNIA

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 Labor Negotiators pursuant to Government Code 54957.6. 

   Negotiator: Erwin Young, Director of Human Resources; Employee  Organization: Service Employees International Union (SEIU) Local 715

4. Adjourn Special Meeting

1. Call to Order in the West Conference Room (Open to the Public)
2. Roll Call
3. Convene Study Session – National League of Cities Conference Information and First Quarter Intergovernmental Relations (IGR) Update
4. Public Comments
5. Adjourn Special Meeting 

7:00 P.M. REGULAR MEETING

SALUTE TO THE FLAG

ROLL CALL

SPECIAL ORDERS OF THE DAY - Proclamation: 2006 Arbor Day Recognition

Recognition and Appreciation - 129^th Rescue Wing, California Air National Guard

(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 FEBRUARY 28, 2006 - Conference with City’s real property negotiators pursuant to Government Code Section 54956.8 to review proposals for purchase of City property located at Capella Way, Aries, Frances and Taaffe Streets, Sunnyvale, California.  The City’s real property negotiators are Amy Chan, City Manager, and Robert Paternoster, Director of Community Development.

Confer with legal counsel pursuant to Government Code Section 54956.9(c) regarding whether to initiate litigation related to the Town Center Mall.

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 February 28, 2006
1. B.	MOTION	Approval of Information/Action Items - Council Directions to Staff

Fiscal Items 

1. C.	MOTION RTC 06-065	List of Claims and Bills Approved for Payment by the City Manager (List No. 288)   Staff Recommendation:  Review list of bills. Staff Contact:  Elaine Wesely, (408) 730-7380
1. D.	MOTION RTC 06-068	Fiscal Year 2005/2006 Mid-Year Budgetary Adjustments and Budget Modification No. 19   Staff Recommendation: Council approves Alternative Nos. 1 and 2:  Approves Budget Modification No. 19 to recognize the additional revenues as outlined in this report. Approves Budget Modification No. 19 to appropriate the resources necessary to meet the service levels for the various programs as outlined in this report.  Staff Contact:  Charlene Sun, (408) 730-2717

Other Items

1. E.	ORDINANCE No. 2800-06	Adoption of Ordinance No. 2800-06 Awarding Nonexclusive Franchise to Amritpal Singh Doing Business as A-1 Cab Company
1.F.	ORDINANCE No. 2801-06	Adoption of Ordinance No. 2801-06 Awarding Nonexclusive Franchise to Larry Silva  Doing Business as Santa Clara Cab Company

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 06-069	Appeal of a decision by the Planning Commission to deny a Use Permit to allow a new seminary within 7,200 square feet of an industrial office building located at 850 Stewart Drive (near DeGuigne Dr) in an M-S (Industrial & Service) Zoning District.   Staff Recommendation:  Council grants the appeal and adopts the Negative Declaration and approves the Use Permit with conditions (overturning the Planning Commission decision). Staff Contact: Ryan Kuchenig, (408) 730-7431
3.	MOTION RTC 06-067	Study Issue: Places of Assembly located within Industrial and Commercial Zones   Staff Recommendation: Council continues this item to the Council Meeting of March 21, 2006. Staff Contact: Ryan Kuchenig, (408) 730-7431

NON-AGENDA ITEMS & COMMENTS

• COUNCIL
• STAFF

INFORMATION ONLY REPORTS/ ITEMS

Tentative Council Meeting Agenda Calendar

Draft Minutes of Arts Commission Meeting of February 15, 2006

Study Session Summary – Status Update on Current and Anticipated Quantities Disposed at   Kirby Canyon Landfill – February 28, 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 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
March 7, 2006	Council Meeting	7        p.m.	Council Chambers
March 21, 2006	Council Meeting	7        p.m.	Council Chambers
March 28, 2006	Council Meeting	7        p.m.	Council Chambers
April 4, 2006	Council Meeting	7        p.m.	Council Chambers
April 11, 2006	Council Meeting	7        p.m.	Council Chambers
April 25, 2006	Council Meeting	7        p.m.	Council Chambers

OTHER SCHEDULED MEETINGS

March 6, 2006	Board of Library Trustees	7        p.m.	Council Chambers
March 8, 2006	Parks and Recreation Commission-Training Budget	6        p.m.	West Conf. Room
March 8, 2006	Parks and Recreation Commission	7        p.m.	Council Chambers
March 13, 2006	Planning Commission Study Session	7        p.m.	West Conf. Room
March 13, 2006	Planning Commission Public Hearing	8        p.m.	Council Chambers
March 15, 2006	Arts Commission - Training Art in Private Dev.	6        p.m.	West Conf. Room
March 15, 2006	Arts Commission	7        p.m.	Council Chambers
March 15, 2006	Administrative Hearing	2        p.m.	West Conf. Room
March 16, 2006	Bicycle and Pedestrian Advisory Committee	6:30   p.m.	West Conf. Room
March 20, 2006	Personnel Board	5        p.m.	Council Chambers
March 27, 2006	Planning Commission Study Session	7        p.m.	West Conf. Room
March 27, 2006	Planning Commission Public Hearing	8        p.m.	Council Chambers
March 29, 2006	Administrative Hearing	2        p.m.	West Conf. Room
March 29, 2006	Housing & Human Services Commission	7        p.m.	West Conf. Room
April 3, 2006	Board of Library Trustees	7        p.m.	Council Chambers
April 12, 2006	Parks and Recreation Commission	7        p.m.	Council Chambers
April 19, 2006	Arts Commission	7        p.m.	West Conf. Room
May 10, 2006	Parks and Recreation Commission	7        p.m.	Council Chambers
May 17, 2006	Arts Commission	7        p.m.	Council Chambers

CHANNEL 15 – KSUN  

March 5, 2006	City Council Meeting – Replay of  February 28, 2006	4        p.m.
March 7, 2006	City Council Meeting – Live	7        p.m.
March 8, 2006	City Council Meeting – Replay of March 7, 2006	7        p.m.
March 12, 2006	City Council Meeting – Replay of  March 7, 2006	4        p.m.
March 21, 2006	City Council Meeting – Live	7        p.m.
March 22, 2006	City Council Meeting – Replay of March 21, 2006	7        p.m.
March 26, 2006	City Council Meeting – Replay of  March 21, 2006	4        p.m.
March 28, 2006	City Council Meeting – Live	7        p.m.
March 29, 2006	City Council Meeting – Replay of March 28, 2006	7        p.m.
April 2, 2006	City Council Meeting – Replay of  March 28, 2006	4        p.m.
April 4, 2006	City Council Meeting – Live	7        p.m.
April 5, 2006	City Council Meeting – Replay of April 4, 2006	7        p.m.
April 9, 2006	City Council Meeting – Replay of  April 4, 2006	4        p.m.
April 11, 2006	City Council Meeting – Live	7        p.m.
April 12, 2006	City Council Meeting – Replay of April 11, 2006	7        p.m.
April 16, 2006	City Council Meeting – Replay of  April 11, 2006	4        p.m.
April 25, 2006	City Council Meeting – Live