NOTICE AND AGENDA

 

SUNNYVALE CITY COUNCIL  

TUESDAY, SEPTEMBER 26, 2006

COUNCIL CHAMBERS, 456 WEST OLIVE AVENUE

SUNNYVALE, CALIFORNIA

 

 

NOTE: Pursuant to Government Code Section 54953, Subdivision (b), the following  Closed Sessions will include teleconference participation by Councilmember Anthony Spitaleri from The Princess Dawn, Room #342.  This Notice and Agenda will be posted at the teleconference location; public comment from such address shall be allowed.

 

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.

·         Conference with Labor Negotiators pursuant to Government Code 54987.6. Negotiator: Erwin Young, Director of Human Resources; Employee Organization: Public Safety Officers Association (PSOA)

4.   Adjourn Special Meeting

 

6:30 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.

·      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

 

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 SEPTEMBER 26, 2006

Conference with Labor Negotiators pursuant to Government Code 54987.6. Negotiator: Erwin Young, Director of Human Resources; Employee Organization: Public Safety Officers Association (PSOA)

 

CLOSED SESSION REPORT FOR REDEVELOPMENT AGENCY - SEPTEMBER 26, 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.

 

COUNCIL DISCLOSURES

 

 

CONSENT CALENDAR

 

1. A.

MOTION

Approval of draft Minutes of Regular Meeting of September 19, 2006

1. B.

MOTION

Approval of Information/Action Items - Council Directions to Staff

 

Fiscal Items

 

1. C.

MOTION

RTC 06-300 

 

List of Claims and Bills Approved for Payment by the City Manager - List No. 317

Staff Recommendation: Council reviews the attached list of bills.

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

 

Contracts

 

1. D.

MOTION

RTC 06-301

 

 

Award of Two Contracts Relating to the Development of the Department of Public Safety's Emergency Medical Services Program (F0608-19)

 

Staff Recommendation: Council awards contracts to Todd LeGassick and Dr. Baxter Larmon, in substantially the same form as the attached drafts and in an amount not to exceed $65,000 for work performed collaboratively under both contracts, to assist Department of Public Safety staff in the development of the Emergency Medical Services Program.

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

 

Other Items

 

1. E.

MOTION
RTC 06-294

City’s 2006 Conflict of Interest Code Biennial Notice

 

Staff Recommendation: Council (as the City’s code reviewing body) reviews and files the Conflict of Interest Code Biennial Notice.

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

 

1. F.

RESOLUTION

MOTION

RTC 06-291

Approval of Resolution Identifying the Bay Area Water Supply and Conservation Agency (BAWSCA) as the Official Representative of the City of Sunnyvale in Negotiations with the San Francisco Public Utility Commission (SFPUC)

 

Staff Recommendation: Council approves the attached Resolution appointing BAWSCA to represent the City of Sunnyvale in negotiations with the San Francisco Public Utilities Commission (SFPUC) for a new water purchase contract.

Staff Contact: Jim Craig (408) 730-7558

 

1. G.

MOTION

RTC 06-298

Approval of Final Map (Tract No. 9491) – 5 Townhomes at 461 and 471 South Murphy Avenue

 

Staff Recommendation: Council approves the final map for Tract No. 9491 and directs staff to forward the final map for recordation upon developer’s execution of the subdivision agreement, submittal of improvement securities, payment of development fees and other documents deemed necessary by the Director of Public Works.

Staff Contact: Jennifer Ng (408) 730-7616

 

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 06-304

 

 

 

 

 

Appeal of a decision of the Planning Commission for an application for a Variance from Sunnyvale Municipal Code Section 19.34.040 to allow a six-foot setback where nine feet is required on a 6,211 square foot site located at 734 Ashbourne Drive (near E. Fremont Ave) in an R-0 (Low Density Residential) Zoning District - Continued from August 22, 2006

 

Staff Recommendation:  Council denies the appeal and upholds the decision of the Planning Commission to deny the Variance.

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

 

3.

MOTION

RTC 06-302

Revision of Hollenbeck School Sports Field Master Plan to Accommodate New Challenger School Student Drop-off Driveway

 

Staff Recommendation: Council approves the revised Master Plan for Hollenbeck Park Sports Field to include the proposed driveway per Attachment C.

Staff Contact: Cathy Merrill, 408-730-7531

 

4.

ORDINANCE

MOTION

RTC 06-292

The Ridgecrest Group [Applicant] Omid Shakeri [Owner]: Application for related proposals on a 29,250 square-foot site located at 574 Bobolink Circle in an R-0/S (Low-Density Residential/Single Story) Zoning District

 

Staff Recommendation:  Council approves with minor modifications in

accordance with Planning Commission Action.

Staff Contact: Andy Miner,  (408) 730-7707

 

5.

ORDINANCES

MOTION

RTC 06-299

 

 

Survey of Code Enforcement Priorities

 

Staff Recommendation:  Council amends Ordinances 8.16.050 Enclosure of solid waste containers and 19.38.030 (b)(1) Recycling and solid waste enclosures, and directs staff to specify in the annual proposed budget documents the priorities to be used for enforcement during the fiscal year.

Staff Contact: Christy Gunvalsen, (408)730-7255

 

NON-AGENDA ITEMS & COMMENTS

  • COUNCIL
  • STAFF

INFORMATION ONLY REPORTS/ ITEMS

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

September 26, 2006

Council Meeting

7        p.m.

Council Chambers

October 3, 2006

Council Meeting     MEETING CANCELLED

7        p.m.

Council Chambers

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

 

OTHER SCHEDULED MEETINGS

 

September 21, 2006

Bicycle and Pedestrian Advisory Committee

6:30   p.m.

West Conf. Room

September 25, 2006

Planning Commission Study Session

7        p.m.

West Conf. Room

September 25, 2006

Planning Commission Public Hearing

8        p.m.

Council Chambers

September 27, 2006

Administrative Hearing

2        p.m.

West Conf. Room

October 2, 2006

Board of Library Trustees

7        p.m.

Library Prog. Rm. A

October 4, 2006

Heritage Preservation Commission

7        p.m.

Lobby Conf. Room

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