NOTICE AND AGENDA

 

SUNNYVALE CITY COUNCIL

TUESDAY, JULY 22, 2008

COUNCIL CHAMBERS, 456 W. OLIVE AVE.

SUNNYVALE, CALIFORNIA

 

4:30 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 Pursuant to Subdivision (a) of §54956.9 Case: Betty Burks v. City of Sunnyvale – Santa Clara County Superior Court No. 1-06-CV-075668

      4.   Adjourn Special Meeting

 

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.

·         Closed Session Pursuant to Government Code §54957 – Public Employee Appointment  Title: City Manager

      4.   Adjourn Special Meeting

 

7 P.M. COUNCIL MEETING

Pursuant to 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. Information provided herein could be subject to change from date of printing of the agenda to the date of the meeting.

 

 

 

SALUTE TO THE FLAG

 

ROLL CALL

 

CLOSED SESSSION 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

 

CLOSED SESSION REPORT FOR JULY 22, 2008

Conference with Legal Counsel – Existing Litigation Pursuant to Subdivision (a) of §54956.9 Case: Betty Burks v. City of Sunnyvale – Santa Clara County Superior Court No. 1-06-CV-075668

 

CLOSED SESSION REPORT FOR JULY 22, 2008

Closed Session Pursuant to Government Code §54957 – Public Employee Appointment  Title: City Manager

 

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 24, 2008

1.B.

MOTION

Approval of Information/Action Items – Council Directions to Staff

 

Fiscal Items

 

1.C.

MOTION

RTC 08-228

 

List of Claims and Bills Approved for Payment by the City Manager – List No. 410

 

Staff Recommendation: Council reviews the attached lists of bills.

Staff Contact: Pete Gonda, (408) 730-7385

 

1.D.

RESOLUTION

MOTION

RTC 08-226

 

Council Approval by Resolution to Submit Two Applications for Transportation Fund for Clean Air (TFCA) Grant Funding

 

Staff Recommendation: Council approves Resolutions authorizing the two grant applications for Transportation Fund for Clean Air (TFCA) funding and authorizes the City Manager to execute funding agreements for these two projects if the grants are awarded.

Staff Contact: Gail Bentley, (408) 730-7469

 

1.E.

MOTION

RTC 08-227

 

Transmittal of the Youth, Family, and Child Care Resources (Program 526) Performance Results Audit for FY 2006/2007

 

Staff Recommendation: Council receives the audit report and concurs with management’s acceptance of recommendations.

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

 

1.F.

MOTION

RTC 08-210

 

Commitment of $1.2 million in HOME funds toward the ground lease for the development of up to 125 units of affordable senior housing at 660 S. Fair Oaks and approval of Budget Modification No. 1

 

 

Staff Recommendation: Council authorizes the City Manager to enter into a HOME Agreement to commit $1.2 million towards an upfront ground lease payment with the County of Santa Clara for the development of an affordable senior housing project of up to 125 units at the County Clinic site at 660 S. Fair Oaks Avenue.

Staff Contact: Laura Simpson, (408) 730-7698

 

Contracts

 

1.G.

MOTION

RTC 08-229

 

Award of Bid No. F0705-95 for Asphaltic Materials for the Department of Public Works Pavement Operations Program

 

Staff Recommendation: Council awards a one year contract for asphaltic materials on an “as needed” basis to Reed and Graham, Incorporated, of San Jose in substantially the same form as the attached draft Purchase Order and in a total amount not to exceed $610,000.

Staff Contact: Pete Gonda, (408) 730-7385

 

1.H.

MOTION

RTC 08-230

 

Award of Bid No. F0608-20 for Four Fire Engines

 

Staff Recommendation: Council awards a contract, in substantially the same form as the attached draft Purchase Order and in the amount of $1,808,459 to Ferrara Fire Apparatus Incorporated, for four Ferrara Fire Engines.

Staff Contact: Pete Gonda, (408) 730-7385

 

1.I.

MOTION

RTC 08-232

 

Authorization to Modify an Existing Contract for Environmental Consulting Services for the Sunnyvale Town Center Redevelopment Project (F0807-01)

 

 

Staff Recommendation: Council increases authorized expenditures under an existing two year contract with URS Corporation, and extends by one year, in substantially the same form as the attached draft amendment, for “on-call” environmental consulting services, making a three year contract amount not to exceed $300,000.

Staff Contact: Pete Gonda, (408) 730-7385

 

Other Items

 

1.J.

RESOLUTION

MOTION

RTC 08-215

 

Adoption of a Resolution Accepting an Amendment version of the Grand Boulevard Initiative’s Guiding Principles In Providing Direction in the Development of Property Along El Camino Real in the City of Sunnyvale

 

Staff Recommendation: Council adopts the Resolution to endorse the amended 10 Guiding Principles of the Grand Boulevard Initiative as amended.

Staff Contact: Andrew Miner, (408) 730-7707

 

 

1.K.

RESOLUTION

MOTION

RTC 08-216

 

Adoption of a Resolution to Participate in the FOCUS Priority Development Area (PDA) Program in Order to be Awarded a Grant for Efforts to Encourage More Housing and to Improve the Community Area Adjacent to Transit

 

 

Staff Recommendation: Council adopts a Resolution to allow staff to make an application for the FOCUS PDA designation.

Staff Contact: Andrew Miner, (408) 730-7707

 

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 08-225

 

Request to initiate a Specific Plan Amendment Study to the Downtown Specific Plan for an increase in the allowed number of stories from five to six stories for the new hotel only (no increase in height) and various amendments to increase the allowable signage

 

 

Staff Recommendation: Council authorizes the initiation of a Specific Plan Amendment Study for an increase in the allowed number of stories from five to six stories for the new hotel and various amendments to increase the allowable signage.

Staff Contact: Steve Lynch, (408) 730-2723

 

3.

MOTION

RTC 08-231

 

Selection of Community Members to Serve on Interview Panels for New Sunnyvale City Manager

 

Staff Recommendation: Council selects community members to serve as panelists to assist in the selection of the new Sunnyvale City Manager.

Staff Contact: Erwin Young, (408) 730-7490

 

4.

RESOLUTION

MOTION

RTC 08-207

 

Public Hearing to Consider Approval to Levy and Collect an Assessment for the Downtown Parking Maintenance District for FY 2008/2009 and approval of the Final Engineer’s Report

 

 

Staff Recommendation: If the vote as tabulated is in support of the proposed assessment,

·         Council adopts the Resolution to levy and collect the assessment for the district for FY 2008/2009;

·         Council approves the Final Engineer’s Report; and

·         Council directs staff to instruct engineer to forward assessment to the County for inclusion on the property tax rolls.

If the vote as tabulated is not in support of the proposed assessment,

·         Option 1; and

·         Option 2

Staff Contact: Connie Verceles, (408) 730-7256

 

5.

RESOLUTION

MOTION

RTC 08-221

 

Adoption of Proposed Fiscal Year 2008/2009 Rates for the Solid Waste Utility

 

Staff Recommendation: Council adopts the attached Resolution adjusting solid waste rates.

Staff Contact: Tim Kirby, (408) 730-2712

 

6.

RESOLUTION

MOTION

RTC 08-209

 

Public Hearing – Collection of Wastewater Charges for Property Outside the City on the Fiscal Year 2008/2009 Property Tax Roll

 

Staff Recommendation: Council adopts the Resolution approving the proposed assessments.

Staff Contact: Tim Kirby, (408) 730-2712

 

7.

RESOLUTION

MOTION

RTC 08-220

 

Public Hearing to Cause Charges for Non-Payment of Utility Services to be Placed on the FY 2008/2009 Tax Roll

 

Staff Recommendation: Council adopts the attached Resolution causing charges for non-payment of utility services to be placed on the FY 2008/2009 tax roll.

Staff Contact: Tim Kirby, (408) 730-2712

 

8.

MOTION

RTC 08-180

 

Consideration of Motion to Rescind Vote on the Number of Councilmembers Required to Sponsor a Study Issue Paper.

 

Staff Recommendation: None. Staff Contact: Robert Walker, (408) 730-7458

 

9.

ORDINANCE

No. 2874-08

 

Adoption of Ordinance No. 2874-08 Amending Table 19.20.030 of Section 19.20.030 (Permitted, Conditionally Permitted and Prohibited Uses in Commercial Zones) of Chapter 20 (Commercial Zoning Districts) of Article 3 (Zoning Districts, Uses and Related Development Regulations) of title 19 (Zoning) of the Sunnyvale Municipal Code to Allow Donation Centers for Used Goods in the Neighborhood Commercial (C-1) Zoning District and to Eliminate the Separation Requirement

 

 

Staff Recommendation: Council approves second reading of Ordinance No. 2874-08.

Staff Contact: David Kahn, (408) 730-7464

 

NON-AGENDA ITEMS & COMMENTS

·         Council

·         Staff

 

INFORMATION ONLY REPORTS/ITEMS

·         Tentative Council Meeting Agenda Calendar

·         RTC 08-222 Boards and Commissions Quarterly Attendance (Spring 2008) (Information Only)

·         Draft minutes of the Board of Library Trustees Meeting of July 7, 2008

 

ADJOURNMENT TO STUDY SESSION

 

SPECIAL COUNCIL MEETING (Study Session)

City Council Study Session

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

2.  Roll Call

3.  Convene to Study Session

·         Review Options Regarding Council Activity Calendar

4.  Public Comments

5.  Adjourn Special Meeting

 

 

 

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.

 

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 Announcement – 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 an annual basis.

(only announce one time).

 

Public Hearing – 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 10 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).