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NOTICE AND AGENDA
SUNNYVALE CITY COUNCIL
TUESDAY, JANUARY 29, 2008
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 Legal Counsel – Anticipated Litigation. Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 2 potential cases
· Conference with Labor Negotiators pursuant to Government Code 54987.6. Negotiator: Erwin Young, Director of Human Resources. Employee Organizations: Sunnyvale Employees Association (SEA), Service Employees International Union (SEIU) Local 715 (part-time employees), and Sunnyvale Management Association (Management employees)
4. Adjourn Special 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.)
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PUBLIC ANNOUNCEMENTS |
Each speaker is limited to three minutes for announcements of community events, programs, or recognition. |
CONSENT CALENDAR
Fiscal Items
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1.D. |
MOTION
RTC 08-023
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List of Claims and Bills Approved for Payment by the City Manager – Lists No. 384 & 385
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Staff Recommendation: Council reviews the attached list of bills.
Staff Contact: Elaine Wesely, (408) 730-7418
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1.E. |
MOTION
RTC 08-018
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City of Sunnyvale Investment Report 4th Quarter 2007 |
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Staff Recommendation: Council receives and files the investment report.
Staff Contact: Therese Balbo, (408) 730-7604
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1.F. |
MOTION
RTC 08-028
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Continuation of Supplemental Law Enforcement Funding and Budget Modification No. 30 |
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Staff Recommendation: Council appropriates the full amount available from Supplemental Law Enforcement Services into the City’s Supplemental Law Enforcement Sub-Fund to fully fund one Patrol Team Captain.
Staff Contact: Heather Tannehill, (408) 730-7157 |
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Contract Items
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1.G. |
MOTION
RTC 08-031
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Authorization to Modify an Existing Contract to Install and Maintain Home Access Equipment for Disabled Individuals through the Home Access Program (F0712-57)
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Staff Recommendation: Council modifies an existing contract with Access Options Incorporated in substantially the same form as the attached draft Service Agreement Amendment which increases the total contract amount from $70,000 to $145,000 and extends the contract by seven months through June 20, 2008.
Staff Contact: Elaine Wesely, (408) 730-7418
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1.H. |
MOTION
RTC 08-017
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Award of Contract to Provide Music Appreciation Instruction for the City’s Recreation Program (F0701-61) |
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Staff Recommendation:
· Council awards a two-year contract to Music For Families Incorporated, in substantially the same form as the attached draft and in an amount not to exceed $75,000 per year, to provide music instruction for the City’s Recreation Program; and
· Council 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.I. |
MOTION
RTC 08-032
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Award of Contracts for Operational Efficiency and Optimum Staffing Studies for the Department of Finance and the Department of Parks and Recreation Facilities Services Division (F0708-25 and F0708-26) and Approval of Budget Modification No. 29
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Staff Recommendation:
· Council awards a contract to Matrix Consulting Group, in substantially the same form as the attached draft and in an amount not to exceed $80,000, to conduct an operational efficiency and optimum staffing study of the Department of Finance;
· Council awards a contract to Management Partners Incorporated, in substantially the same form as the attached draft and in an amount not to exceed $43,900, to conduct an operational efficiency and optimum staffing study of the Department of Parks and Recreation Facility Services Division; and
· Council approves Budget Modification No. 29 which reduces $76,100 from Project 826650 and $40,000 from Project 826660 and appropriates $116,100 into a new special project to be used for future efficiency and staffing studies.
Staff Contact: Elaine Wesely, (408) 730-7418
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1.J. |
MOTION
RTC 08-025
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Award of Bid No. F0711-51 for Replacement/Rehabilitation of Sewer Pipes Along a Portion of Olive Avenue |
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Staff Recommendation:
· Council awards a contract, in substantially the same form as the attached draft and in an amount of $74,000, to K.J. Woods Construction Incorporated, for replacement/rehabilitation of sewer pipes along a portion of Olive Avenue; and
· Council approves a project contingency in the amount of $11,100.
Staff Contact: Elaine Wesely, (408) 730-7418
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1.K. |
MOTION
RTC 08-024
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Award of Contract for Handheld Traffic Citation Writers with Associated Software (F0712-59) |
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Staff Recommendation: Council awards a contract to Berendo Solutions Incorporated, in substantially the same form as the attached purchase order and in an amount not to exceed $62,443, for six handheld traffic citation writers and associated software, one year of technical support, shipping and sales tax.
Staff Contact: Elaine Wesely, (408) 730-7418 |
Other Items
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1.L. |
MOTION
RTC 08-014
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Issuance of Subpoena for FBI Evidence Related to Termination of Former Public Safety Officer Randall Gilbert
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Staff Recommendation: Council issues the subpoena.
Staff Contact: David Kahn, (408) 730-7464
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1.M. |
MOTION
RTC 08-019
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Ratification of City Council Intergovernmental Assignments Made by Outside Agencies
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Staff Recommendation: Council ratifies intergovernmental Council assignments appointed by outside agencies.
Staff Contact: Yvette Agredano, (408) 730-7536 |
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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. |
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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.
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2. |
ORDINANCE
MOTION
RTC 08-030
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2007-1048 – Fairorchard Architectural Committee [Applicant] Callahan William C and Gretchen Trustee [Owner]: Application for 54 parcels in Tract 1910 located between Helena Drive, Homestead Road, Wright Avenue and Cupertino Middle School in an R-1 (Low-Density Residential/Single Story) Zoning District. Application to allow permanent status for a Single-Story Combining District.
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Staff Recommendation: Council approves permanent Single-Story status.
Staff Contact: Gerri Caruso, (408) 730-7591
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3. |
ORDINANCE
MOTION
RTC 08-035 |
2007-1106 Nathan Merlin [Applicant] Two Corners LLC [Owner]: Application for related proposals located at 1202-1205 Cortez Drive and 189-191 South Bernardo Avenue in an R-3 (Medium-Density Residential) Zoning District. (Negative Declaration);
· Rezone from R-3 (Medium-Density Residential) to R-3/PD (Medium-Density Residential/Planned Development) Zoning District,
· Special Development Permit to allow the construction of eight townhouses,
· Tentative Map to subdivide two lots into eight lots and one common lot, and
· Variance from Sunnyvale Municipal Code Section 19.38.030 to allow individual solid waste and recycling carts instead of a centralized waste enclosure.
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Staff Recommendation:
· Council approves the adoption of the Negative Declaration;
· Council introduces an Ordinance to Rezone;
· Council approves the Special Development Permit and Tentative Map with attached conditions; and
· Council denies the Variance for individual trash and recycling carts.
Staff Contact: Ryan Kuchenig, (408) 730-7431
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4. |
ORDINANCE
MOTION
RTC 08-036 |
2007-1107 – Timothy Proschold [Applicant] Two Corners LLC [Owner]: Application for related proposals located at 185 South Bernardo Avenue (at Cortez Dr.) in an R-3 (Medium-Density Residential) Zoning District. (Negative Declaration);
· Rezone from R-3 (Medium-Density Residential) to R-3/PD (Medium-Density Residential/Planned Development) Zoning District,
· Special Development Permit to allow the construction of eight town homes,
· Tentative Map to subdivide one lot into eight lots and one common lot, and
· Variance from Sunnyvale Municipal Code Section 19.38.030 to allow individual solid waste and recycling carts instead of a centralized waste enclosure.
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Staff Recommendation:
· Council approves the adoption of the Negative Declaration;
· Council introduces an Ordinance to Rezone;
· Council approves the Special Development Permit and Tentative Map with attached conditions; and
· Council denies the Variance for individual trash and recycling carts.
Staff Contact: Ryan Kuchenig, (408) 730-7431
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5. |
MOTION
RTC 08-034
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2007-0065 – Applicant appeal of a decision of the Planning Commission to deny an application for a Design Review to allow a new two-story single family residence for a total of 3,448 square feet and 62.9% FAR (Floor Area Ratio) where 45% FAR may be allowed without Planning Commission review. The property is located at 688 Conway Road (near Hollenbeck Avenue) in an R-2 (low-medium density residential) zoning district. (APN: 202-06-017)
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Staff Recommendation: No action required. Application withdrawn.
Staff Contact: Noren Caliva, (408) 730-7637
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6. |
MOTION
RTC 08-026
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Board and Commission Policy Limiting Speech on Official City Positions and First Amendment Analysis; Discussion of City Attorney Memorandum of November 27, 2007
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Staff Recommendation: Council continues current City board and commission policy without modification.
Staff Contact: David Kahn, (408) 730-7464 |
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7. |
MOTION
RTC 08-022
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Acceptance of Annual Status Report on Receipt and Use of Development Impact Fees |
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Staff Recommendation: Council accepts the annual status report on the receipt and use of development impact fees for the fiscal year ending June 30, 2007.
Staff Contact: Peter Gonda, (408) 730-7385
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8. |
MOTION
RTC 08-029
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Positions on State and Local Ballot Measures for the February 2008 Election |
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Staff Recommendation:
· Council adopts the following positions on the ballot measures:
State Ballot Measures:
o Proposition 91: No Recommended Position
Transportation Funds. Initiative Constitutional Amendment
o Proposition 92: No Recommended Position, not City Business
Community Colleges. Funding. Governance. Fees. Initiative Constitutional Amendment and Statute
o Proposition 93: No Recommended Position, not City Business
Limits on Legislators’ Terms in Office. Initiative Constitutional Amendment
o Proposition 94: No Recommended Position, not City Business
Referendum on Amendment to Indian Gaming Compact
o Proposition 95: No Recommended Position, not City Business
Referendum on Amendment to Indian Gaming Compact
o Proposition 96: No Recommended Position, not City Business
Referendum on Amendment to Indian Gaming Compact
o Proposition 97: No Recommended Position, not City Business
Referendum on Amendment to Indian Gaming Compact
· Council permanently adopts the ballot measure pilot review process
Staff Contact: Yvette Agredano, (408) 730-7536 |
NON-AGENDA ITEMS & COMMENTS
· Council
· Staff
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