NOTICE AND AGENDA

SUNNYVALE CITY COUNCIL MEETING

TUESDAY, MAY 1, 2007

COUNCIL CHAMBERS, 456 W. OLIVE AVE.

SUNNYVALE, CALIFORNIA

6 P.M. SPECIAL COUNCIL MEETING  (Study Session)

1.   Call to Order in the West Conference Room (Open to the Public)

2.   Roll Call

3.   Convene Study Session – 2^ND Quarter Intergovernmental Relations (IGR) Update

4.  Public Comments

5.   Adjourn Special Meeting 

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 – Department of Public Safety Distinguished Service Awards

PUBLIC ANNOUNCEMENTS

Each speaker is limited to three minutes for announcements of community events, programs, or recognition.

CONSENT CALENDAR

1.A.

MOTION

Approval of Information/Action Items – Council Directions to Staff

Fiscal Items

1.B.	MOTION RTC 07-142	List of Claims and Bills Approved for Payment by the City Manager – List    No. 347
	Staff Recommendation: Council reviews the attached list of bills. Staff Contact: Elaine Wesely, (408) 730–7418
1.C.	MOTION RTC 07-143	City of Sunnyvale Investment Report 1st Quarter 2007
	Staff Recommendation: Council receives and files the City of Sunnyvale Investment Report. Staff Contact: Therese Balbo, (408) 730-7604

Personnel

1.D.	MOTION RTC 07-146	Authorization to Extend an Existing Contract for Third Party Administration Services for Workers’ Compensation Claims
	Staff Recommendation: Council authorizes a one-year extension of an existing contract with Gregory B. Bragg & Associates in substantially the same form as the attached Agreement Amendment and in an amount not to exceed $250,504 during the extension period, for third party workers’ compensation claims administration services. Staff Contact: Dee Schabot, (408) 730–7534
1.E.	MOTION RTC 07-145	Amendment of City Attorney Agreement for Services
	Staff Recommendation: Council authorizes the Mayor to execute the Amendment to the City Attorney’s Service Agreement. Staff Contact: Dee Schabot, (408) 730–7534

Contracts

1.F.	MOTION RTC 07-141	Award of Bid No. F0603-79 to Remodel the City Hall Annex
	Staff Recommendation: ·         Council awards a contract, in substantially the same form as the attached draft and in the amount of $60,808, to Kuehne Construction to remodel the City Hall Annex; and ·         Council approves a project contingency in the amount of $9,121. Staff Contact: Elaine Wesely, (408) 730–7418
1.G.	MOTION RTC 07-152	Award of Bid No. F0603-81 for Water Main Replacement at Colusa Avenue and San Simeon Street
	Staff Recommendation: ·         Council awards a contract, in substantially the same form as the attached draft and in an amount of $325,000, to Fermin Sierra Construction, Inc., for water main replacement at Colusa Avenue and San Simeon Street; and ·         Council approves a project contingency in the amount of $48,750. Staff Contact: Elaine Wesely, (408) 730–7418

Other Items

1.H.	MOTION RTC 07-137	Request Appropriation of Transportation Development Act (TDA) Funds to the Evelyn Avenue Bicycle Lanes Project–Budget Modification No. 45
	Staff Recommendation: Council approves Budget Modification No. 45 to recognize and appropriate TDA funds in the amount of $42,053 to the Evelyn Avenue Bicycle Lanes project. Staff Contact: Jack Witthaus, (408) 730–7330
1.I.	MOTION RTC 07-140	Approval to Apply for Santa Clara Valley Transportation Authority Community Design and Transportation Program Grant Funding
	Staff Recommendation: Council authorizes the Department of Public Works to proceed with the Community Design and Transportation (CD/T) grant applications. Staff Contact: Jack Witthaus, (408) 730–7330
1.J.	ORDINANCE No. 2832-07	Adoption of Ordinance No. 2832-07 Amending the Precise Zoning Plan,   Zoning Districts Map, to Rezone Certain Property Located at 102 Cumulus Avenue from R-0 (Low Density Residential) to R-0/Pd (Low Density Residential/ Planned Development) Zoning District
	Staff Recommendation: Council approves second reading of Ordinance No. 2832-07. Staff Contact: Noren Caliva, (408) 730–7637
1.K.	ORDINANCE No. 2833-07	Adoption of Ordinance No. 2833-07 Awarding Nonexclusive Franchise to Jeffrey Browning and Amandeep Kaur (Acme Yellow LLC), Doing Business as Acme Cab
	Staff Recommendation: Council approves second reading of Ordinance No. 2833-07. Staff Contact: Rachel Vasquez, (408) 730–7112
1.L.	ORDINANCE No. 2834-07	Adoption of Ordinance No. 2834-07 Awarding Nonexclusive Franchise Gurdeep Singh and Sher Jagraj Singh, Doing Business as American Cab Company
	Staff Recommendation: Council approves the second reading of Ordinance No. 2834-07. Staff Contact: Rachel Vasquez, (408)730–7112

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.	ORDINANCE RESOLUTION MOTION RTC 07-149	2007–0227: Sand Hill Property Company [Applicant] Fourth Quarter Properties XLVII (Partnership Common Name: Forum Development Group), Target Corporation, Sun Town Center Properties Corp. (Macy’s) and Sunnyvale Redevelopment Agency [Property Owners], Application for Specific Plan Amendment and associated text amendments to Title 19 (Zoning) of the Sunnyvale Municipal Code and Downtown Specific Plan (DSP) for the addition of a new hotel with a maximum of 200 rooms and an increase in maximum amount of allowed office square footage from 282,000 up to 322,000 in DSP Block 18
	Staff Recommendation: Council approves the Specific Plan Amendment and associated text amendments to Title 19. Staff Contact: Steve Lynch, (408) 408–2723
3.	MOTION RTC 07-144	Request from the City of Cupertino for Additional Funding of the Mary Avenue Bicycle/Pedestrian Overcrossing Project
	Staff Recommendation: Council does not approve additional funding to the City of Cupertino for the Mary Avenue Bicycle/Pedestrian Bridge Project. Staff Contact: Jack Witthaus, (408) 730–7330
4.	MOTION RTC 07-148	Clarifications to Council Policy Governing Boards and Commissions
	Staff Recommendation: Council approves the revisions to Council policy governing boards and commissions as depicted by Attachment C to this report. Staff Contact: Robert Walker, (408) 730-7458
5.	MOTION RTC 07-150	2007–0415 Final Report on “Transitioning from a Growth to a Steady-State City” (Study Issue)
	Staff Recommendation: Council continues this item to the Council meeting of May 8, 2007 Staff Contact: Robert Paternoster, (408) 730–7450
6.	MOTION RTC 07-131	Work Plan for Grocery Sales at Automotive Service Stations (Study Issue)
	Staff Recommendation: Council approves the work plan. Staff Contact: Andy Miner, (408) 730-7707
7.	ORDINANCE MOTION RTC 07-147	Notice and Resolution of Intention to Amend the Contract Between the Board of Administration of the California Pubic Employees’ Retirement System (CalPERS) and the City of Sunnyvale to Provide Section 21354.5 (2.7% @ 55 Full Formula) for Miscellaneous Employees, Introduction and First Reading of Ordinance Authorizing the Contract Amendment and Adoption of Related Resolutions
	Staff Recommendation: ·         Council adopts Resolution of Intention to amend the contract between the Board of Administration of the California Public Employees’ Retirement System (CalPERS) and the City of Sunnyvale to provide Section 21354.5 (2.7% @ 55 Full Formula) for miscellaneous employees;    ·         Council introduces and provides the First Reading of the Ordinance authorizing the contract amendment; and ·         Council adopts related resolutions. Staff Contact: Tammy Parkhurst, (408) 730–7498
8.	ORDINANCE MOTION RTC 07-138	Project #2006-1242 Santa Clara Valley Water Resources Protection Collaborative - Guidelines & Standards for Land Use Near Streams (Study Issue)
	Staff Recommendation: Council incorporates stream protection review into the City’s existing review process and adopts the Guidelines and Standards for Land Use Near Streams as the primary review document. Staff Contact: Jamie McLeod, (408) 730–7429

NON-AGENDA ITEMS & COMMENTS

·            COUNCIL

·            STAFF

INFORMATION ONLY REPORTS/ITEMS

·         Tentative Council Meeting Agenda Calendar

·        Draft Minutes of the Parks and Recreation Commission Meeting of April 11, 2007

·         RTC 07-151 Opportunity to Appeal Decisions of the Planning Commission Special Meeting of April 16, 2007

·         Draft Minutes of the Bicycle and Pedestrian Advisory Committee Meeting of April 19, 2007

ADJOURNMENT

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).