NOTICE AND AGENDA
SUNNYVALE CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 18, 2007
COUNCIL CHAMBERS, 456 W. OLIVE AVE.
SUNNYVALE, CALIFORNIA
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5 P.M. SPECIAL COUNCIL 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
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5:45 P.M. SPECIAL COUNCIL 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 Legal Counsel – Existing Litigation – (Government Code §54956.9(a)); David H. Wittum vs. City of Sunnyvale, a municipal corporation, City Council of the City of Sunnyvale, Santa Clara County Superior Court Case No. 1-06-CV-077357
· Conference With Legal Counsel – Liability Claims – Pursuant to Gov’t. Code §54956.95;
Claimant: Cathleen M. Freceri Agency Claimed Against: Public Works
Claimant: Mary Brown Agency Claimed Against: Public Works
Claimant: Maureen Smerdon Agency Claimed Against: Public Works
4. Adjourn Special Meeting
SALUTE TO THE FLAG – Webelos Den 8, Pack 457 Cub Scouts - Opening Flag Ceremony
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.)
CLOSED SESSION REPORT FOR SEPTEMBER 18, 2007
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 SEPTEMBER 18, 2007
Conference With Legal Counsel – Existing Litigation – (Government Code §54956.9(a)); David H. Wittum vs. City of Sunnyvale, a municipal corporation, City Council of the City of Sunnyvale, Santa Clara County Superior Court Case No. 1-06-CV-077357
Conference With Legal Counsel – Liability Claims – Pursuant to Gov’t. Code 54956.95;
Claimant: Cathleen M. Freceri Agency Claimed Against: Public Works
Claimant: Mary Brown Agency Claimed Against: Public Works
Claimant: Maureen Smerdon Agency Claimed Against: Public Works
SPECIAL ORDER OF THE DAY – Recognition of Silicon Valley Digital Clubhouse Network Project
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PUBLIC ANNOUNCEMENTS |
Each speaker is limited to three minutes for announcements
of community events, programs, or recognition. |
PRESENTATION – Presentation by NASA Ames Research Center
PRESENTATION – Presentation by Christine Benninger, President Humane Society Silicon Valley – “Humane Society Silicon Valley Construction and Facility Update”
PRESENTATION – Energy Efficient Design for Residential Projects by Clarum Homes
CONSENT CALENDAR
Fiscal Items
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1.C. |
MOTION
RTC 07-309 |
List of Claims and Bills Approved for Payment by the City Manager – List No. 367 |
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Staff Recommendation: Council reviews attached lists of bills.
Staff Contact: Elaine Wesely, (408) 730-7418
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1.D. |
MOTION
RTC 07-296 |
Notice of Intent to Apply for California Office of Traffic Safety Sobriety Checkpoint Mini-Grant Funding in the Amount of $27,990 |
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Staff Recommendation: Council allows the Department of Public Safety to proceed with the OTS Mini-Grant application in the amont of $27,990.
Staff Contact: Heather Tannehill, (408) 730-7157 |
Contracts
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1.E. |
MOTION
RTC 07-310
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Authorization to Modify an Existing Contract for Fire Protection Engineering Services (F0709-31) |
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Staff Recommendation: Council modifies an existing contract with Hughes Associates, Inc., in substantially the same form as the attached Agreement Amendment, by increasing authorized expenditures from $50,000 to $150,000.
Staff Contact: Elaine Wesely, (408) 730-7418
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1.F. |
MOTION
RTC 07-314
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Award of Bid No. F0611-47 for the Construction of Two Pedestrian Over-Crossing Structures on Borregas Avenue Across US-101 and SR-237, Authorization to Modify an Existing Contract for Engineering Design and Construction Support Services, and Approval of Budget Modification No. 10
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Staff Recommendation:
· Council awards a contract, in substantially the same form as the attached draft and in an amount not to exceed $6,835,393, to RGW Construction, Inc., to construct two bicycle/pedestrian bridges for the Borregas Avenue Bicycle Corridor project;
· Council approves a construction project contingency in the amount of $683,539;
· Council authorizes modification to an existing contract with T.Y. Lin International, in substantially the same form as the attached draft amendment and in an additional amount not to exceed $50,000, making a total contract amount of $1,134,256; and
· Council approves Budget Modification No. 10.
Staff Contact: Elaine Wesely, (408) 730-7418
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1.G. |
MOTION
RTC 07-313
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Award of Bid No. F0707-13 for Four Law Enforcement Motorcycles |
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Staff Recommendation: Council awards a contract, in substantially the same form as the attached draft Purchase Order and in the amount of $74,816, to Santa Cruz Harley-Davidson, Inc., for four law enforcement motorcycles.
Staff Contact: Elaine Wesely, (408) 730-7418 |
Other Items
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1.I. |
ORDINANCE
No. 2846-07 |
Adoption of Ordinance No. 2846-07 Amending the Precise Zoning Plan, Zoning Districts Map, to Rezone certain Residentially-Zoned Properties, Located at 1025 The Dalles Avenue, 1112 S. Bernardo Avenue, 771 W. Fremont Avenue, 445 S. Mary Avenue, 653 W. Fremont Avenue, 583 E. Fremont Avenue, 709 Lakewood Drive, 1575 Albatross Avenue, 455 E. Maude Avenue, 1050 W. Remington, and 1250 Sandia Avenue, to the Public Facility Zoning District
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Staff Recommendation: Council approves the second reading of Ordinance No. 2846-07
Staff Contact: David Kahn, (408) 730-7464
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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 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.
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2. |
MOTION
RTC 07-312
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2006-1109 Request by Staff for Continuation of Trinity Baptist Church [Applicant] Mathilda Development [Owners]: Application for related proposals on a 4-acre site located at 477 North Mathilda Avenue (near W. Maude Ave.) in an M-S (Industrial & Service) Zoning District. (Mitigated Negative Declaration) (APN: 165-28-022),
· Rezone from M-S (Industrial & Service) to M-S /POA (Industrial & Service /Place of Assembly) Zoning District;
· Use Permit to allow church in an existing industrial building.
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Staff Recommendation: Council continues the public hearing to September 25, 2007.
Staff Contact: Ryan Kuchenig, (408) 730-7431
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3. |
MOTION
RTC 07-308
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2007-0162 - T-Moblie USA [Applicant] City of Sunnyvale [Owner]: Application located at 636 Harrow Way (on Inverness Way, near Eagle Drive) in a P-F (Public Facility) Zoning District. (Negative Declaration) (APN: 309-36-051)
Appeal by adjacent neighbors (11 total) of a decision of the Planning Commission to approve a Use Permit on an 8.6-acre site to allow three antennas on a ballfield light standard and ancillary ground equipment in Ortega Park
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Staff Recommendation: Council denies the appeal and upholds the decision of the Planning Commission to approve the Use Permit.
Staff Contact: Noren Caliva, (408) 730-7637
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4. |
ORDINANCE
MOTION
RTC 07–307
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2007-0620 – Classic Communities [Applicant] Trinity Baptist Church of Sunnyvale [Owner]: Application for related proposals on a 4.4-acre site located at 805, 811, and 823 West Fremont Avenue (at Pome Ave.) in an R-2 (Low-Medium Density Residential) Zoning District. (Mitigated Negative Declaration) (APN’s 202-23-001, 002, 005, and 009)
· Rezone from R-2 (Low-Medium Density Residential) to R-2/PD (Low-Medium Density Residential/Planned Development) and from R-2/S (Low-Medium Density Residential/Single Story/Planned Development) Zoning District;
· Special Development Permit to allow 42 single family homes; and
· Tentative Map to subdivide four lots into 42 lots and one common lot.
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Staff Recommendation: Council adopts the Mitigated Negative Declaration and introduces an Ordinance to Rezone 805, 811 and 823 W. Fremont Avenue from R-2 to R-2/PD and from R-2/S to R-2/S/PD and approves the Special Development Permit and Tentative Map with conditions.
Staff Contact: Ryan Kuchenig, (408) 730-7431 |
NON-AGENDA ITEMS & COMMENTS
· COUNCIL
· STAFF
INFORMATION ONLY REPORTS/ITEMS
· Tentative Council Meeting Agenda Calendar
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 Effective” may be helpful. Copies are available on the tables 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?
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If you wish to provide the City Council with copies of your presentation materials, 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 items to the Council. |
SCHEDULED COUNCIL MEETINGS
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DATE |
MEETING |
TIME |
PLACE |
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September 18, 2007 |
Council Meeting |
7 p.m. |
Council Chambers |
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September 25, 2007 |
Council Meeting |
7 p.m. |
Council Chambers |
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October 9, 2007 |
Council Meeting |
7 p.m. |
Council Chambers |
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October 16, 2007 |
Council Meeting |
7 p.m. |
Council Chambers |
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October 23, 2007 |
Council Meeting |
7 p.m. |
Council Chambers |
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November 20, 2007 |
Council Meeting |
7 p.m. |
Council Chambers |
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November 27, 2007 |
Council Meeting |
7 p.m. |
Council Chambers |
OTHER SCHEDULED MEETINGS