NOTICE AND AGENDA
SUNNYVALE CITY COUNCIL
TUESDAY, OCTOBER 24, 2006
COUNCIL CHAMBERS, 456 WEST OLIVE AVENUE
SUNNYVALE, CALIFORNIA
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6:00 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.
· Public Employee Formal Performance Evaluation, City Attorney, Pursuant to Government Code Section 54957
4. Adjourn Special Meeting
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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.)
SPECIAL ORDER OF THE DAY – Certificates of Recognition to Sunnyvale Schools for participation in Walk to School Activities: October is National Walk to School Month
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PUBLIC ANNOUNCEMENTS |
Each speaker is limited to 3 minutes for announcements
of community events, programs, or recognition. |
CONSENT CALENDAR
Fiscal Items
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1. C. |
MOTION
RTC 06-327
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List of Claims and Bills Approved for Payment by the City Manager - List No. 321
Staff Recommendation: Council reviews the attached list of bills.
Staff Contact: Elaine Wesely, (408) 730-7418
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1. D. |
MOTION
RTC 06-328
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City of Sunnyvale Investment Report 3rd Quarter 2006
Staff Recommendation:Council receives and files the Investment Report.
Staff Contact: Therese Balbo, (408) 730-7604
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Contracts
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1. E. |
MOTION
RTC 06-332
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Award of Bid No. F0609-25 to Install Security Fencing around Seven Reservoirs and Approval of Budget Modification No. 20
Staff Recommendation: Council: 1. Awards a contract, in substantially the same form as the attached draft and in an amount of $126,624, to A.A.A. Fencing Company, Inc., for the Reservoir Fencing Project; 2. Approves a project contingency in the amount of $18,994 and 3. Approves Budget Modification No. 20.
Staff Contact: Elaine Wesely, (408) 730-7418
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1. F. |
MOTION
RTC 06-331
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Award of Request for Proposals No. F0506-94 to Install and Maintain Specialized Home Access Equipment in Sunnyvale Residences for Eligible Disabled Citizens
Staff Recommendation: Council: 1. Awards a one-year contract, in substantially the same form as the attached draft and in an amount not to exceed $70,000 per year, to Access Options, Inc., to install and maintain specialized home access equipment in Sunnyvale residences for eligible disabled citizens; and 2. Delegates authority to the City Manager to exercise an option to extend the contract for one additional year, provided that pricing and service remain acceptable to the City.
Staff Contact: Elaine Wesely, (408) 730-7418
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1. G. |
MOTION
RTC 06-325
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Authorization to Modify an Existing Contract for Emergency Repairs to the Primary Effluent Pipeline at the Water Pollution Control Plan
(F0609-29) and Budget Modification No. 19
Staff Recommendation: Council: 1. Authorizes the issuance of Revised Purchase Order No. PO-001309 to Preston Pipelines, Inc., in substantially the same form as the attached draft and in an amount of $68,004, for emergency pipeline repairs at the Water Pollution Control Plant; and
2. Approves Budget Modification No. 19.
Staff Contact: Elaine Wesely, (408) 730-7418
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Other
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1. H. |
RESOLUTION
MOTION
RTC 06-326
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2006 City's Conflict of Interest Code Biennial Review and Amendment
Staff Recommendation: Council adopts the resolution amending the City's Conflict of Interest Code and Disclosure Categories.
Staff Contact: Janice Clark, (408) 730-7595 |
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STAFF RESPONSES TO
PRIOR PUBLIC COMMENTS
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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.
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PUBLIC COMMENTS
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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.
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2. |
ORDINANCE
MOTION
RTC 06-333
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Study Issue: Examine the rezoning of specified Industrial and Service (M-S) Zoned sites to Industrial and Service/Places of Assembly
(M-S/POA)
Staff Recommendation: Council approves the Places of Assembly (POA) Combining District for 58 sites.
Staff Contact: Ryan Kuchenig, (408) 730-7431
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3. |
MOTION
RTC 06-335
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Review of Green Team/Zanker and Teamsters Prevailing Wage Settlement and Acceptance by City as Satisfactory Performance
Staff Recommendation: Council accepts the Settlement Agreement between GreenTeam/Zanker and Teamsters Local 350 as satisfactory performance by Green Team/Zanker of its obligations to the City under the prevailing wage requirement set forth in Section 3.10 of the SMaRT Station operating agreement for the duration of the operating agreement.
Staff Contact: Mark Bowers (408) 730-7421
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4. |
MOTION
RTC 06-316
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Appeal of a decision of the Heritage Preservation Commission to deny a Resource Alteration Permit to allow a new two-car garage to be located in front of an existing Heritage Resource located at 1029 Ranere Court
Staff Recommendation: Council denies the appeal and upholds the Heritage Preservation Commission’s decision to deny the proposed garage location in front of the existing Heritage resource.
Staff Contact: Ryan Kuchenig, (408) 730-7431
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5. |
ORDINANCE
MOTION
RTC 06-315 |
2006-0752 – Samuel Arthur [Applicant & Co-Owner] William J and Myong N Ferguson Trustee [Former Owner]: Application to convert an existing triplex to three separate ownership units at 1280 Poplar Avenue (near E El Camino Real) in an R-2/PD (Low Medium Density Residential/Planned Development) Zoning District
Staff Recommendation: Council approves with conditions.
Staff Contact: Jamie McLeod, (408) 730-7429
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6. |
RESOLUTION
MOTION
RTC 06-320 |
Positions on State and Local Ballot Measures for the November 2006 Election
Staff Recommendation: Council adopts the following positions on the ballot measures:
State Ballot Measures:
Proposition 1A: Support
"Transportation Funding Protection. Legislative Constitutional Amendment"
Proposition 1B: Support
"Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006"
Proposition 1C: Support
"Housing and Emergency Shelter Trust Fund Act of 2006"
Proposition 1D: Support
"Kindergarten-University Public Education Facilities Bond Act of 2006"
Proposition 1E: Support
"Disaster Preparedness and Flood Prevention Bond Act of 2006"
Proposition 83: Support
"Sex Offenders. Sexually Violent Predators. Punishment, Residence Restrictions and Monitoring. Initiative Statute"
Proposition 84: Support
"Water Quality, Safety and Supply. Flood Control. Natural Resource Protection. Park Improvements. Bonds. Initiative Statute"
Proposition 85: Oppose
"Waiting Period and Parental Notification Before Termination of Minor's Pregnancy. Initiative Constitutional Amendment"
Proposition 86: Support
"Tax on Cigarettes. Initiative Constitutional Amendment and Statute"
Proposition 87: Support
"Alternative Energy. Research, Production, Incentives. Tax on California Oil Producers. Initiative Constitutional Amendment and Statute"
Proposition 88: No Position
"Education Funding, Real Property Parcel Tax. Initiative Constitutional Amendment and Statute"
Proposition 89: No Position
"Political Campaigns. Public Financing. Corporate Tax Increase. Campaign Contribution and Expenditure Limits. Initiative Statute"
Proposition 90: Oppose
"Government Acquisition, Regulation of Private Property. Initiative Constitutional Amendment"
Local Ballot Measures:
Measure A: No Position
"Land Use Initiative—County of Santa Clara"
Staff Contact: Yvette Agredano, (408) 730-7536
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7. |
MOTION
RTC 06-329
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Public Awareness Program Related to Ethics Guidelines for City Council Elections
Staff Recommendation: Staff is not making a specific recommendation and submits the alternatives for Council consideration and direction. If Council decides to implement a Campaign Ethics Public Education Outreach for the 2007 Election, staff recommends that Council action includes the allocation of funds for the new Campaign Ethics Public Education Outreach.
Staff Contact: David Kahn, (408) 730-7460
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NON-AGENDA ITEMS & COMMENTS
INFORMATION ONLY REPORTS/ ITEMS
Tentative Council Meeting Agenda Calendar
RTC 06-330 Opportunity to appeal decisions of the Planning Commission of October 9, 2006
and the Administrative Hearing of October 11, 2006
RTC 06-334 Quarterly Boards and Commissions Attendance Report – Fall 2005
through Summer 2006
Study Session Summary – Review of Draft Fiscal Sub-Element – October 17, 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