NOTICE AND AGENDA

 

SUNNYVALE CITY COUNCIL  

TUESDAY, OCTOBER 10, 2006

COUNCIL CHAMBERS, 456 WEST OLIVE AVENUE

SUNNYVALE, CALIFORNIA

 

 

5:30 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 – Study Issue: Public Awareness of Ethics Guidelines

4.   Public Comments

5.   Adjourn Special Meeting

 

7:00 P.M. REGULAR MEETING

 

SALUTE TO THE FLAG

 

ROLL CALL

 

SPECIAL ORDER OF THE DAY – Certificate of Congratulations - Sunnyvale Public Safety Special Weapons and Tactics Team (SWAT) as 2006 Best in the West – Santa Clara County Sheriff Laurie Smith and Sunnyvale Deputy Chief Mark Stivers

 

SPECIAL ORDER OF THE DAY – Proclamation – October is Breast Cancer Awareness Month – Bobbe Smirni, Chair of the New Frontiers in Prevention of Breast Cancer 2006 Task Force

 

(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 REDEVELOPMENT AGENCY – OCTOBER 3, 2006

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 September 26, 2006

1. B.

MOTION

Approval of Information/Action Items - Council Directions to Staff

 

Fiscal Items

 

1. C.

MOTION

RTC 06-307

 

 

List of Claims and Bills Approved for Payment by the City Manager - List Nos. 318 and 319

Staff Recommendation: Council reviews the attached list of bills.

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

 

Contracts

 

1. D.

MOTION

RTC 06-309

 

 

Amendment to Outside Counsel Agreement for Sunnyvale Town Center Matters

 

Staff Recommendation: Council approves proposed amendment to Outside Counsel Agreement for Sunnyvale Town Center.

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

 

1. E.

MOTION

RTC 06-305

Award of Bid No. F0607-12 for One Backhoe With a Front Loader Bucket

 

Staff Recommendation: Council awards a contract to Tractor Equipment Sales, in substantially the same form as the attached draft purchase order and in an amount not to exceed $55,925, for one backhoe with a front loader bucket.

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

 

1. F.

MOTION

RTC 06-308

 

 

Authorization to Modify an Existing Contract for Engineering Design and Construction Support Services for the Replacement of the Materials Recovery System at the SMaRT Station (F0609-27)

 

Staff Recommendation: Council: 1. Authorizes the requested modifications to an existing contract with URS Corporation, in substantially the same form as the attached draft Agreement Amendment and in an amount not to exceed $220,065, for engineering design and construction support services for the replacement of the Materials Recovery System at the SMaRT Station; and 2. Approves a project contingency in the amount of $44,013.

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

 

Other Items

 

1. G.

ORDINANCE

No. 2816-06

 

Adoption of Ordinance No. 2816-06 Amending Section 8.16.050 (Solid Waste Containers) and Section 19.38.030 (Recycling and  Solid Waste Enclosures) of the Sunnyvale Municipal Code

 

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 06-306

 

 

 

Study Issue: Consider Establishing Council Policies Regarding Commercial Use of Parks, Open Spaces and Recreation Facilities Owned or Maintained by the City

 

Staff Recommendation: Council supports current City policies regarding commercial use of parks and recreational facilities and directs staff to continue to use current public input, review and approval processes for such uses including cellular antenna facilities.

Staff Contact: Curtis Black, (408) 730-7596

 

3.

MOTION

RTC 06-311

 

 

Explore Development of a Board or Commission with a Focus on Multicultural/Diversity Outreach and/or Issues (Study Issue)

 

Staff Recommendation:

1.    Utilize Role of Existing Boards, Commissions and Advisory Committees to further Address Multicultural/Diversity Outreach and Issues. Incorporate multicultural/diversity outreach and issues as appropriate into their ongoing work plans. 

2.    Authorize funding (first year start-up and implementation budget of $10,000 in the City Manager’s proposed Fiscal Year 2007/2008 operating budget, with funding of $8,000 for Fiscal Year 2008/2009) to support staffs’ creation of a pilot committee on Multicultural/Diversity Outreach and Issues – Advisory to Staff.

·       The advisory committee members to be selected by staff and act in an advisory role to staff. 

·       The new committee would review and make advisory recommendations on City programs, activities and possible Study Issues related to multicultural/diversity and outreach.

·       The new committee would meet quarterly.

·       Staff to return to Council with a committee evaluation report in Fiscal Year 2009/2010.

Staff Contact: Patricia Lord, (408) 730-7477

 

 

 

NON-AGENDA ITEMS & COMMENTS

  • COUNCIL
  • STAFF

 

INFORMATION ONLY REPORTS/ ITEMS

Tentative Council Meeting Agenda Calendar

RTC 06-312 Opportunity for Council to Appeal Decisions of the Planning Commission of September 25, 2006 and the Administrative Hearing of September 27, 2006

Study Session Summary – Intergovernmental Relations (IGR) Update - August 22, 2006

Study Session Summary – Intergovernmental Relations (IGR) Update - September 12, 2006

Draft Minutes of the Parks and Recreation Commission Meeting of September 13, 2006

Draft Minutes of the Housing and Human Services Commission Meeting of September 20, 2006

Draft Minutes of the Arts Commission Meeting of September 20, 2006

Draft Minutes of the Board of Library Trustees Meeting of October 2, 2006

 

ADJOURNMENT TO 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.

·      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

October 10, 2006

Council Meeting

7        p.m.

Council Chambers

October 17, 2006

Council Meeting

7        p.m.

Council Chambers

October 24, 2006

Council Meeting

7        p.m.

Council Chambers

October 31, 2006

Council Meeting     MEETING CANCELLED

7        p.m.

Council Chambers

November 14, 2006

Council Meeting

7        p.m.

Council Chambers

November 21, 2006

Council Meeting

7        p.m.

Council Chambers

November 28, 2006

Council Meeting

7        p.m.

Council Chambers

 

OTHER SCHEDULED MEETINGS

 

October 9, 2006

Planning Commission Study Session

7        p.m.

West Conf. Room

October 9, 2006

Planning Commission Public Hearing

8        p.m.

Council Chambers

October 11, 2006

Administrative Hearing

2        p.m.

West Conf. Room

October 11, 2006

Parks and Recreation Commission

7        p.m.

Council Chambers

October 16, 2006

Personnel Board

5        p.m.

Council Chambers

October 18, 2006

Arts Commission

7        p.m.

Council Chambers

October 19, 2006

Bicycle and Pedestrian Advisory Committee

6:30   p.m.

West Conf. Room

October 23, 2006

Planning Commission Study Session

7        p.m.

West Conf. Room

October 23, 2006

Planning Commission Public Hearing

8        p.m.

Council Chambers

October 25, 2006

Administrative Hearing

2        p.m.

West Conf. Room

October 25, 2006

Housing & Human Service Commission

7        p.m.

West Conf. Room

November 1, 2006

Heritage Preservation Commission

7        p.m.

West Conf. Room

November 6, 2006

Board of Library Trustees

7        p.m.

Library Prog. Room

November 8, 2006

Parks and Recreation Commission

7        p.m.

Council Chambers

November 13, 2006

Planning Commission Study Session

7        p.m.

West Conf. Room

November 13, 2006

Planning Commission Public Hearing

8        p.m.

Council Chambers

November 15, 2006