NOTICE AND AGENDA

 

SUNNYVALE CITY COUNCIL MEETING

TUESDAY, APRIL 24, 2007

COUNCIL CHAMBERS, 456 W. OLIVE AVE.

SUNNYVALE, CALIFORNIA

 

NOTE: Pursuant to Government Code Section 54953, Subdivision (b), the following Council meeting will include teleconference participation by Councilmember John Howe from 1157 South Plantation Drive, Saint George, Utah.  This Notice and Agenda will be posted at the teleconference location; public comment from such address shall be allowed.

 

7 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 hearings/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. 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– 2007 Fire Poster Awards

 

SPECIAL ORDER OF THE DAY– Proclamation Recognizing National Municipal Clerks

                                                       Week (April 29 – May 5, 2007)

 

PUBLIC ANNOUNCEMENTS

Each speaker is limited to three minutes for announcements

of community events, programs, or recognition.

 

CONSENT CALENDAR

 

1.A.   

MOTION

Approval of Draft Minutes of April 10, 2007

1.B.

MOTION

Approval of Information/Action Items – Council Directions to Staff

 

Fiscal Items

 

1.C.

MOTION

RTC 07-123

 

List of Claims and Bills Approved for Payment by the City Manager – List    Nos. 345 and 346

 

Staff Recommendation: Council reviews the attached list of bills.

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

 

1.D.

MOTION

RTC 07-136

Adoption of FY 2007/2008 Performance Audit Work Plan

 

 

Staff recommends Council adopt the Performance Audit Work Plan to audit the following 20 programs: 

 Department of Public Works

w           115 – Transportation and Traffic

                        Services

w           117 – City Street Light System

w           118 – Pavement Operations

w           216 – Roadside & Median Right-of-

                        Way Services

w           217 – Concrete Maintenance

w           218 – Street Tree Services

w           302 – Public Works Dept. Mgmt. &

                       Support Services

 Employment Development Dept.

w           535 – Employment Services Provided

                       to the General Public

w           536 – Employment Services Provided

                       to Workforce Investment Act

                       (WIA) Enrolled Participants

w           537 – Business Services

w              538 – Youth Services

w              539 – Enterprise Support

Office of the City Manager

w            526 – Youth, Family and Child Care  

                         Resources

Department of Parks and Recreation

w           601 – Parks and Recreation

                       Department Management and

                       Support Services

w           646 – Arts and Recreation Programs

                        and Operation of Recreation

                       Facilities

Department of Human Resources

w           755 – Recruitment, Classification, and

                       Compensation

Department of Information Technology

w           773 – Central IT Systems and

                        Networks

w           777 – Evaluate, Procure, and

                        Implement Major Computer

                        Software

w           779 – IT Dept. Mgmt. & Support

                       Services

Office of the City Attorney

w           786 – City Liability & Property

                        Administration

Staff Contact: Sue English, (408) 730–7401

 

 Contracts

 

1.E.

MOTION

RTC 07-127

 

Award of Bid No. F0603-78 for the Repair of Air Flotation Thickener No. 4 at the Water Pollution Control Plant and Approval of Budget Modification No. 49

 

 

Staff Recommendation:

·         Council awards a contract, in substantially the same form as the attached draft and in the amount of $212,131, to D.W. Nicholson Corp. for the repair of Air Flotation Thickener No. 4 at the Water Pollution Control Plant;

·         Council approves a project contingency in the amount of $42,426; and

·         Council approves Budget Modification No. 49 for funding for this project.

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

 

1.F.

MOTION

RTC 07-133

 

 

Award of Contract for a Network Storage Device System

 

Staff Recommendation: Council awards a contract, in substantially the same form as the attached draft purchase order and in an amount not to exceed $156,379, to Network Appliance, Inc., for a network storage device and installation and support services. 

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

 

1.G.

MOTION

RTC 07-126

 

Award of Bid No. F0601-66 for Diesel Fuel

 

Staff Recommendation: Council awards a two-year contract to SC Fuels, in substantially the same form as the attached draft blanket purchase order, for the purchase of ultra low sulfur diesel fuel for City vehicles, fire apparatus, and motorized equipment.

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

 

1.H.

MOTION

RTC 07-132

 

Award of Contract for the Overhaul of Power Generation Facility Engine No. 2 (F0604-92)

 

Staff Recommendation: Council awards a contract, in substantially the same form as the attached draft purchase order and in an amount not to exceed $173,645, to Peterson Power Systems, Inc., for the overhaul of Power Generation Facility Engine No. 2.

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

 

Other Items

 

1.I.

MOTION

RTC 07-124

 

Ratification of Council Intergovernmental Committee Appointments

 

Staff Recommendation: Council ratifies the appointment of Councilmember Dean Chu to the following Metropolitan Transportation Commission (MTC) Standing and Special Committees: 1) the Executive Committee; 2) the Bay Area Toll Authority (BATA) Oversight Committee; 3) the Administration Committee; 4) the Programming and Allocations Committee; and 5) the Regional Airport Planning Committee.

Staff Contact: Yvette Agredano, (408) 7307536

 

 

1.J.

MOTION

RTC 07-121

 

Approval of Final Map (Tract No. 9849, Aster Avenue) – 80 Unit Condominiums at the Southwest Corner of Aster Avenue and Willow Avenue by KB Home South Bay Inc.   

 

 

Staff Recommendation: Council approves the final map for Tract No. 9849 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) 730–7609

 

1.K.

ORDINANCE

No. 2831-07

Adoption of Ordinance No. 2831-07 Amending Portions of Title 19 (Zoning) of the Sunnyvale Municipal Code Relating to Automobile Repairs

 

 

Staff Recommendation: Council approves the Second Reading of Ordinance No. 2831–07.

Staff Contact: Ryan Kuchenig, (408) 730-7431

 

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 hearings/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 Councilmembers. 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 hearings/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 10 minutes for opening comments and 10 minutes for closing comments.

 

2.

MOTION

RTC 07-130

Sunnyvale Library of the Future Study and Strategy: Facility Scenarios

 

Staff Recommendation:

·         Council accepts the Future Facility Scenarios study;

·         Council approves exploration of the costs and other considerations to build a 143,500 square foot new main library on the Civic Center Campus on City-owned property currently occupied in part by the Sunnyvale Office Center, or by the current library;

·         Council chooses not to build a branch library.  Instead, directs staff to develop alternative methods of delivering cooperative public library services with school districts, as well as other delivery distribution methods to enhance services to students and community members throughout Sunnyvale, as part of the Library of the Future strategy; and

·         Council directs staff to conduct a community opinion survey to measure public interest in the Sunnyvale Library of the Future, and to develop recommendations related to funding strategies, and a timeline for presentation of the matter to voters; and to return to Council on June 12, 2007, or at a subsequent meeting, for approval.

Staff Contact: Deborah L. Barrow, (408) 7307315

 

3.

ORDINANCE

MOTION

RTC 07-135

 

Fukui Construction [Applicant] Bautista Justin S Trustee & Et Al [Owner]: Application for related proposals on a 21,431 square foot site located on 102 Cumulus Avenue (near Sunnyvale-Saratoga Road) in an R-0 (Low Density Residential) Zoning District to construct three single family homes; Rezone from R-0 Zoning District to R-0/PD (Low Density Residential/Planned Development) Zoning District; Special Development Permit to allow three single-family homes, and Parcel Map to subdivide two lots into three lots

 

 

Staff Recommendation:

·         Council adopts the Negative Declaration;

·         Council introduces an Ordinance to rezone the property from R-O to R-0 / PD; and

·         Council approves the Special Development Permit and Parcel Map with conditions.

Staff Contact: Noren Caliva, (408) 730–7637

 

4.

MOTION

RTC 07-119

2007-0013 Application to Initiate a General Plan Amendment Study to change the Land Use Designation for 740, 750 and 760 San Aleso Avenue from Industrial to Medium Density Residential      

 

 

Staff Recommendation: Council does not authorize the initiation of the General Plan Amendment study as proposed, but retains the authority for the General Plan Amendment study to consider a change from Industrial to Low-Medium Density Residential.

Staff Contact: Jamie McLeod, (408) 730–7429

 

5.

ORDINANCE
MOTION

RTC 07-128

Award of Taxicab Franchise to ACME Yellow LLC dba ACME Cab

 

Staff Recommendation:

·         Council introduces and adopts an ordinance awarding a non-exclusive franchise for taxicab service to ACME Yellow LLC dba ACME Cab for the period of May 31, 2007 through May 30, 2009 per applicant request; and

·         Council authorizes the City Manager to execute necessary documents of agreement.

Staff Contact: Rachel Vasquez, (408) 7307112

 

6.

ORDINANCE

MOTION

RTC 07-129

Award of Taxicab Franchise to American Cab Company

 

Staff Recommendation:

·        Council introduces and adopts an ordinance awarding a non-exclusive franchise for taxicab service to American Cab Company for the period of May 31, 2007 through May 30, 2009 per applicant request; and

·         Council authorizes the City Manager to execute necessary documents of agreement.

Staff Contact: Rachel Vasquez, (408) 7307112

 

NON-AGENDA ITEMS & COMMENTS

·            COUNCIL

·            STAFF

 

INFORMATION ONLY REPORTS/ITEMS

·         Tentative Council Meeting Agenda Calendar

·        RTC 07-122: Boards and Commissions Quarterly Attendance (Winter 2007) Report – Information Only

·         Approved Minutes of the Housing & Human Services Commission Meeting of February 28, 2007

·         Draft Minutes of the Child Care Advisory Board Meeting of March 13, 2007

·         RTC 07-134 Opportunity to Appeal Decisions of the Planning Commission of April 9, 2007 and the Administrative Hearing of April 11, 2007

·         Joint Study Session Summary: Transitioning from Growth to a Steady-State City – April 10, 2007

 

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 p.m. on Thursdays or at the Sunnyvale Public Library, 665 W. Olive Ave. as of Fridays prior to Tuesday City Council meetings.  Please contact the Office of the City Clerk 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 Office of 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 Office of the City Clerk 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 10 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 hearings/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 Councilmembers.  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 Effectiv