NOTICE AND AGENDA

 

SUNNYVALE CITY COUNCIL

TUESDAY, MARCH 18, 2008

COUNCIL CHAMBERS, 456 W. OLIVE AVE.

SUNNYVALE, CALIFORNIA

 

6 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 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

 

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.)

 

CLOSED SESSION REPORT FOR MARCH 18, 2008

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)

 

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 January 25, 2008

1.B.

MOTION

Approval of Draft Minutes of March 4, 2008

1.C.

MOTION

Approval of Information/Action Items – Council Directions to Staff

 

Fiscal Items

 

1.D.

MOTION

RTC 08-080

 

List of Claims and Bills Approved for Payment by the City Manager – Lists No. 391 & 392

 

 

Staff Recommendation: Council reviews the attached list of bills.

Staff Contact: Mary Bradley, (408) 730-7398

 

1.E.

MOTION

RTC 08-067

 

Performance Audit Work Plans for FY 2008/2009 and FY 2009/2010

 

Staff Recommendation: Council adopts the performance audit work plan to audit 20 programs in FY 2008/2009 and FY 2009/2010.

Staff Contact: Mary Bradley, (408) 730-7398

 

1.F.

MOTION

RTC 08-074

 

Notice of Intent to Apply for, Accept, and Appropriate a Grant of $48,473.70 from the California Environmental Protection Agency to Implement the Aboveground Petroleum Storage Tank Act and Budget Modification No. 37

 

 

Staff Recommendation:

·         Council authorizes staff to apply for the CalEPA Environmental Protection Trust Fund grant monies in the amount of $48,473.70; and

·         Council approves Budget Modification No. 37, if the grant is awarded, and appropriates monies to a special project for implementation of the APSA.

Staff Contact: Doug Moretto, (408) 730-7711

 

1.G.

MOTION

RTC 08-078

 

Appropriate Funds from the City’s Housing Fund to Support Housing Program Activities for the Remainder of FY 2007/2008 and Budget Modification No. 38

 

 

Staff Recommendation: Council approves Budget Modification No. 38 to appropriate $35,000 from the Housing Fund/Below Market Rate (BMR) Housing Sub-fund to support contract services which provide homebuyer educational programs to assist qualified BMR applicants to obtain BMR Housing.

Staff Contact: Ernie DeFrenchi, (408) 730-2784

 

Contract Items

1.H.

MOTION

RTC 08-072

 

Award of Contract for the Maintenance of the City’s Telephone System (F0702-70)

 

Staff Recommendation: Council awards a three-year contract in an amount not to exceed $244,841 to Avaya Communication for the maintenance of the City’s telephone system, including voice mail.

Staff Contact: Mary Bradley, (408) 730-7398

 

1.I.

MOTION

RTC 08-075

 

Award of Bid No. F0712-54 for One Aerial Forestry Service Truck

 

Staff Recommendation: Council awards a contract to Altec Industries, in substantially the same form as the attached draft purchase order and in an amount not to exceed $129,867, for one aerial Forestry Service Truck utilizing a standard diesel engine.

Staff Contact: Mary Bradley, (408) 730-7398

 

1.J.

MOTION

RTC 08-073

 

Authorization to Modify an Existing Contract for Janitorial Supplies (F0702-71)

 

Staff Recommendation: Council modifies an existing contract with Clean Source for the purchase of janitorial supplies, in substantially the same form as the attached draft change order, by increasing total authorized expenditures to $80,000.

Staff Contact: Mary Bradley, (408) 730-7398

 

1.K.

MOTION

RTC 08-081

 

Award of Bid F0710-48 for Application of Slurry Seal on City Streets

 

Staff Recommendation: Council awards a contract, in substantially the same form as the attached draft and in the amount of $.0895 per square foot for a total estimated cost of $216,569 to Valley Slurry Seal Company, for the application of slurry seal on streets throughout Sunnyvale; and including the base plus alternate streets.

Staff Contact: Mary Bradley, (408) 730-7398

 

1.L.

MOTION

RTC 08-076

 

Lease between the City of Sunnyvale and T-Mobile USA Incorporated, of Ground Space and Space on Light Standard at Ortega Park

 

 

Staff Recommendation: Council approves the proposed lease agreement between the City and T-Mobile, subject to T-Mobile applying for and obtaining all required building safety permits.

Staff Contact: Cheryl Bunnell, (408) 730-7657

 

1.M.

MOTION

RTC 08-077

 

Lease between the City of Sunnyvale and Sprint Spectrum, L.P. of space on Light Standard at Washington Park

 

Staff Recommendation: Council approves the proposed lease agreement between the City and Sprint, subject to Sprint applying for and obtaining all required building safety permits.

Staff Contact: Cheryl Bunnell, (408) 730-7657

 

Other Items

 

1.N.

ORDINANCE

No. 2867-08

 

Adoption of Ordinance No. 2867-08 to Add Chapter 9.45 (Special Event Permits) and Chapter 9.47 (Extraordinary Public Safety Service Liability) to Title 9 (Public Peace, Safety or Welfare) of the Sunnyvale Municipal Code Pertaining to Special Events

 

 

Staff Recommendation: Council approves the second reading of Ordinance No. 2867-08.

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

 

 

 

 

1.O.

ORDINANCE

No. 2868-08

 

Adoption of Ordinance No. 2868-08 to Amend Sections 2.10.010 (Purpose), 2.10.020 (Designation of Official Newspaper for Publication of Legal Notices), 2.10.030 (Designation of Newspaper for Publication of City Council Agendas and Digests of Actions), and 2.10.040 (Publication of Campaign Contributions) of Chapter 2.10 (Publication of Legal Notices) of Title 2 (Administration and Personnel) of the Sunnyvale Municipal Code Pertaining to Publication of Legal Notices

 

 

Staff Recommendation: Council approves the second reading of Ordinance No. 2868-08.

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.

RESOLUTION

MOTION

RTC 08-084

 

Approval of Downtown Sunnyvale Business Improvement District Annual Report for Fiscal Year 2007/2008 and Adoption of the Resolution of Intention to Reauthorize the Downtown Sunnyvale Business Improvement District for Fiscal Year 2008/2009

 

 

Staff Recommendation:

·         Council approves the Business Improvement District Annual Report for FY 2007/2008;

·         Council adopts the Resolution of Intention; and

·         Council schedules a public hearing for April 8, 2008 to reauthorize the Business Improvement District for FY 2008/2009 for Downtown Sunnyvale; and

·         Council directs staff to discontinue the costs for enhanced maintenance on Murphy Avenue in the FY 2008/2009 budget.

Staff Contact: Maria Rodriguez, (408) 730-7702

 

 

 

 

 

 

3.

RESOLUTION

MOTION

RTC 08-085

 

Mathilda Avenue Overhead Bridge Rehabilitation Project Environmental Impact Report (as Augmented by EIR Addendum) and Project Approval

 

Staff Recommendation:

·         Council adopts the Resolution of Findings including Statement of Overriding Considerations;

·         Council certifies the Environmental Impact Report as augmented by EIR Addendum;

·         Council adopts a revised Mitigation Monitoring and Reporting Program; and

·         Council approves the project, and directs staff to proceed with the Mathilda Overhead Bridge Rehabilitation Project design and Construction.

Staff Contact: Jack Witthaus, (408) 730-7330

 

4.

MOTION

RTC 08-083

 

Dedication of Park Land in East Sunnyvale ITR Neighborhood

 

Staff Recommendation: Council does not accept dedication of park land.

Staff Contact: Gerri Caruso, (408) 730-7591

 

5.

MOTION

RTC 08-079

 

Downtown Parking Information System – Study Issue

 

Staff Recommendation:

·         Council accepts the Study Issue Report on Downtown Parking Information Systems;

·         Council monitors the implementation and use of the Simply Park technology; and

·         Council considers this application for a broader examination of other systems for other areas of the downtown at an indeterminate future date.

Staff Contact: Jack Witthaus, (408) 730-7330

 

6.

MOTION

RTC 08-002

 

Recruitment Process for City Manager/Selection of Executive Recruitment Firm

 

Staff Recommendation: Council selects either Alliance Resource Consulting, CPS Executive Search, William Avery & Associates or Bob Murray & Associates to administer the recruitment and selection process for a new City Manager.

Staff Contact: Erwin Young, (408) 730-7495

 

NON-AGENDA ITEMS & COMMENTS

·         Council

·         Staff

 

INFORMATION ONLY REPORTS/ITEMS

·         Tentative Council Meeting Agenda Calendar

·         Approved Minutes of the Housing & Human Services Commission Meeting of December 19, 2007

·         Draft Minutes of the Board of Library Trustees Meeting of March 3, 2008

·         Draft Minutes of the Heritage Preservation Commission Meeting of March 5, 2008

·         Study Session Summary – Presentation by Executive Search Firms Regarding Recruitment Process for New City Manager – March 4, 2008

 

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.

 

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).
  • 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 hearing/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?

 

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

 

DATE

MEETING