Any agenda related writings or documents distributed to members of the City of Sunnyvale City Council regarding any open session item on this agenda will be made available for public inspection in the Office of the City Clerk located at 603 All America Way, Sunnyvale, CA. during normal business hours, posted online with the agenda the day following the meeting, and in the Council Chambers on the evening of the Council Meeting, pursuant to Government Code §54957.5.

SALUTE TO THE FLAG

ROLL CALL

SPECIAL ORDER OF THE DAY– Ceremonial Oaths for Newly Appointed Board and Commission Members

CLOSED SESSION REPORT FOR JULY 15, 2008

Conference with Real Property Negotiator, pursuant to Government Code §54956.8. Properties: Kasik Parcel and Tasman Parcel. Negotiating Parties: Amy Chan (City); Andy Kasik (Kasik Parcel); Susanna Pau (Tasman Parcel). Under Negotiation: Price and Terms of Payment.

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 June 10, 2008
1.B.	MOTION	Approval of Information/Action Items – Council Directions to Staff

Fiscal Items

1.C.	MOTION RTC 08-218	List of Claims and Bills Approved for Payment by the City Manager – Lists No. 407, 408 & 409
	Staff Recommendation: Council reviews the attached lists of bills. Staff Contact: Mary Bradley, (408) 730-7398
1.D.	RESOLUTION MOTION RTC 08-202		Adoption of a Resolution Setting a Public Hearing to Establish the Fiscal Year 2008/2009 Wastewater Charges for Properties Located Outside the City
	Staff Recommendation: Council adopts the Resolution, to set a public hearing for July 22, 2008 to establish the Fiscal Year 2008/2009 wastewater charges for properties located outside the City. Staff Contact: Tim Kirby, (408) 730-2712

Contracts

1.E.	MOTION RTC 08-211	Award of Request for Proposals No. F0706-98 for Engineering Services Related to the Wolfe Road Caltrain Overcrossing Rehabilitation Project
	Staff Recommendation: ·        Council awards a contract in substantially the same form as the attached draft and in an amount of $245,000 to HNTB Corporation for engineering services as related to the Wolfe Road Caltrain Overcrossing Rehabilitation Project; and ·        Council approves a design contingency in the amount of $36,750. Staff Contact: Mary Bradley, (408) 730-7398
1.F.	MOTION RTC 08-213	Award of Bid No. F0705-97 for the Performing Arts Center and Creative Arts Center HVAC Upgrade and Roof Replacement Project
	Staff Recommendation: ·        Council awards a contract, in substantially the same form as the attached draft and in the amount of $940,000 to IMR Contractor Corporation for the Performing Arts Center and Creative Arts Center HVAC upgrade and roof replacement; and ·        Council approves a project contingency in the amount of $141,000. Staff Contact: Mary Bradley, (408) 730-7398
1.G.	MOTION RTC 08-212	Award of Bid No. F0705-93 for Ortega Well Rehabilitation and Approval of Budget Modification No. 2
	Staff Recommendation: ·        Council awards a contract, in substantially the same form as the attached draft and in the amount of $156,237, to Layne Christensen Company for the rehabilitation of Ortega well; ·        Council approves a project contingency in the amount of $39,059; and ·        Council approves Budget Modification No. 2. Staff Contact: Mary Bradley, (408) 730-7398
1.H.	MOTION RTC 08-219	Authorization to Extend Three (3) Existing Contracts for On-Call Plan Review and Inspection Services (F0706-102)
	Staff Recommendation: ·        Council authorizes the renewal of an existing contract with CSG Consultants Incorporated, in substantially the same form as the attached draft, with expenditures of 200,000 through July 26, 2009; ·        Council authorizes the renewal of an existing contract with 4Leaf Incorporated, in substantially the same form as the attached draft, with expenditures of $200,000 through July 10, 2009; and ·        Council authorizes the renewal of an existing contract with Shums Coda Associates, in substantially the same form as the attached draft, with expenditures of $200,000 through July 10. 2009. Staff Contact: Mary Bradley, (408) 730-7398
1.I.	MOTION RTC 08-224		Columbia Neighborhood Center Expansion Project – Memorandum of Understanding and Community Development Block Grant Funds (CDBG) Agreement Between the City of Sunnyvale and Sunnyvale School District
	Staff Recommendation: Council approves the Memorandum of Understanding with Sunnyvale School District for expansion of Columbia Neighborhood Center as depicted by Attachment A of the staff report. Council approves the Community Development Block Grand Funds (CDBG) Agreement between the City of Sunnyvale and Sunnyvale School District for expansion of the Columbia Neighborhood Center as depicted by Attachment B of the staff report. Staff Contact: Angela Chan, (408) 523-8150

Other Items 

1.J.	RESOLUTION MOTION RTC 08-204	Adoption of a Resolution Vacating a 10-foot Wide Public Utility Easement at 974 East Arques Avenue
	Staff Recommendation: Council adopts the Resolution vacating the 10-foot wide Public Utility Easement at 974 East Arques Avenue and authorizes the City Clerk to cause a certified copy of the Resolution to be recorded with the county recorder’s office. Staff Contact: Bennett Chun, (408) 730-7636
1.K.	MOTION RTC 08-208	Appointment to the Santa Clara Valley Transportation Authority (VTA) Bicycle and Pedestrian Advisory Committee (BPAC)
	Staff Recommendation: Council appoints David Simons to serve a two year term on the VTA BPAC. Staff Contact: Jack Witthaus, (408) 730-7330
1.L.	ORDINANCE No. 2873-08	Adoption of Ordinance No. 2873-08 Adding Chapter 5.48 (State Video Franchises) to Title 5 (Business Licenses and Regulations) of the Sunnyvale Municipal Code Relating to Regulations for the Provision of Video Service by State Franchise Holders
	Staff Recommendation: Council approves second reading of Ordinance No. 2873-08. Staff Contact: David Kahn, (408) 730-7464

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 08-180	Reconsideration of Vote on Study Issues Process (Study Issue) from June 24, 2008
	MOTION: Councilmember Howe moved and Councilmember Moylan seconded to approve staff recommendation for Alternative A.1 Study Issue Sponsorship: Require that a proposed study issue receive the support of three councilmembers in order for staff to prepare a study issue paper, and for the issue to be considered at the Council Study Issues Workshop. An action item to propose study issues would be added to Council agendas two meetings per year and they can be open sessions.   VOTE: 5-1 (Councilmember Whittum dissented; Mayor Spitaleri absent)

3.	MOTION RTC 08-203	Request by applicant for Continuance of 2008-0238 – Dale Meyer Associates [Applicant] Nikoley Richard L and Beatrice F [Owner]: Application for related proposals for a property located at 127 W. California Avenue (near N. Murphy Avenue) in an R-3 (Medium Density Residential) Zoning District (APN: 204-043-007). Rezone from R-3 (Medium Density Residential) to R-3/PD (Medium Density Residential/Planned Development) Zoning District, Special Development Permit to allow 5 residential townhomes, Tentative Map to subdivide one lot into five lots and one common lot.
	Staff Recommendation: Council continues indefinitely. Staff Contact: Surachita Bose, (408) 730-7443
4.	ORDINANCE MOTION RTC 08-223	2008-0148 – Goodwill Industries [Applicant] Dicks Lakewood Corporation [Owner]: Application for related proposals located at 1119 Lawrence Avenue (near Lakehaven Drive) in a C-1/PD (Neighborhood Business/Planned Development) Zoning District (APN: 110-23-110) ·        Rezone to consider an amendment to Title 19 of the Sunnyvale Municipal Code to allow donation trailers in the C-1 Zoning District; ·        Special Development Permit to allow a donation trailer to be located onsite.
	Staff Recommendation: ·        Council allows donations centers in the C-1 Zoning District on sites of 4 acres or more with approval of a Use Permit; ·        Council removes the 1.5-mile separation requirement for donation centers; ·        Council requires all donation centers to be reviewed by the Planning Commission; ·        Council adopts a Council Policy on Donation Trailers for Used Goods; and ·        Council approves the Special Development Permit with conditions. Staff Contact: Mariya Hodge, (408) 730-7659
5.	MOTION RTC 08-206	Residential Water Metering Study Issues DPW 01 and DPW 05, and Related Revision to Council Policy 3.1.2 Metering of Water Utilities for Residences
	Staff Recommendation: Council revises Council Policy 3.1.2 Metering of Water Utilities for Residences to comprehensively address metering of water utilities for all residential uses, placing water meters in the public right-of-way where possible and reasonable, requiring individual water meters in compliance with municipal code, and using master water meters where necessary to monitor private water systems. Staff Contact: Jim Craig, (408) 730-7558

NON-AGENDA ITEMS & COMMENTS

·        Council

·        Staff

INFORMATION ONLY REPORTS/ITEMS

·        Tentative Council Meeting Agenda Calendar

·        Approved Minutes of the Housing and Human Services Commission meeting of April 16, 2008

·        Approved Minutes of the Housing and Human Services Commission meeting of May 28, 2008

·        Approved Minutes of the Heritage Preservation Commission meeting of June 4, 2008

·        Draft Minutes of the Bicycle and Pedestrian Advisory Commission of June 19, 2008

·        Draft Minutes of the Housing and Human Services Commission meeting of June 25, 2008

·        Draft minutes of the Heritage Preservation Commission meeting of July 2, 2008

·        Study Session Summary – Update on Paramedic Services – June 24, 2008

·        RTC 08-205 Board and Commission Resignation (Information Only)

·        RTC 08-214 Vacancy and Rent Survey (Information Only)

ADJOURNMENT

Notice to the Public:

The agenda reports to council (RTC’s) 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 1094.5.

GUIDELINES FOR ADDRESSING THE CITY COUNCIL

• 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 an annual basis.
  (only announce one time).