SunnyvaleRTC

NOTICE AND AGENDA

SUNNYVALE CITY COUNCIL

TUESDAY, MAY 13, 2008

COUNCIL CHAMBERS, 456 W. OLIVE AVE.

SUNNYVALE, CALIFORNIA

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 Organizations: Sunnyvale Employees Association (SEA), and Service Employees International Union (SEIU) Local 715 (part-time employees)

· Conference with Real Property Negotiators (Government code 54956.8)

Property: Fair Oaks Health Clinic site at Garland & Fair Oaks

Agency Negotiator: Amy Chan, City Manager

Negotiating parties: Patrick Love for the County of Santa Clara

Under negotiation: price, terms of payment

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 MAY 13, 2008

Conference with Labor Negotiators pursuant to Government Code 54987.6. Negotiator: Erwin Young, Director of Human Resources. Employee Organizations: Sunnyvale Employees Association (SEA), and Service Employees International Union (SEIU) Local 715 (part-time employees)

CLOSED SESSION REPORT FOR MAY 13, 2008

Conference with Real Property Negotiators (Government code 54956.8), Property: Fair Oaks Health Clinic site at Garland & Fair Oaks Agency Negotiator: Amy Chan, City Manager Negotiating parties: Patrick Love for the County of Santa Clara, Under negotiation: price, terms of payment

SPECIAL ORDER OF THE DAY – Recognition of the Volunteer Center of Silicon Valley

SPECIAL ORDER OF THE DAY – State of the District Presentation by Fremont High School District

PUBLIC ANNOUNCEMENTS Each speaker is limited to three minutes for announcements of community events, programs, or recognition.

PRESENTATION – National Volunteer Month/Proclamation from the City of Sunnyvale

CONSENT CALENDAR

1.A.

MOTION

Approval of Draft Minutes of April 22, 2008

1.B.

1.C.

MOTION

Approval of Draft Minutes of May 6, 2008

Approval of Information/Action Items – Council Directions to Staff

Fiscal Items

1.D.

MOTION

RTC 08-152

List of Claims and Bills Approved for Payment by the City Manager – List No. 400

Staff Recommendation: Council reviews the attached lists of bills.

Staff Contact: Karen Theriault, (408) 730-7418

1.E.

MOTION

RTC 08-155

Request Approval to Purchase Below Market Rate (BMR) Ownership Property at: 595 Blackwood Terrace, Sunnyvale, and Approval of Budget Modification No. 54

Staff Recommendation: Council approves budget modification to appropriate funds of $166,237 for the purchase, rehabilitation costs, ongoing monthly costs and associated fees related to the acquisition and resale of 595 Blackwood Terrace, Sunnyvale.

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

Personnel Items

1.F.	RESOLUTION MOTION RTC 08-159	Amendment to the Classification Plan and Salary Resolution to Add the Newly-Established Classifications of Mail Clerk and Senior Plan Check Engineer
	Staff Recommendation: Council adopts a Resolution to amend the City’s Classification Plan and Salary Resolution to add the newly-established classifications of Mail Clerk and Senior Plan Check Engineer. Staff Contact: Karen Woblesky, (408) 730-2715
1.G.	MOTION RTC 08-150	Approval of Contract for Third Party Workers’ Compensation Administration Services
	Staff Recommendation: Council authorizes a two-year contract in substantially the same form as the attached Agreement and in an amount not to exceed $257,500 for FY 08/09, and $263,938 for FY 09/10, to Gregory B. Bragg & Associates to provide workers’ compensation claims administration services with the option that the City reserves the right to reduce the claims administration fee for FY 2009/2010, based upon the number of open indemnity claims at the conclusion of FY 2008/2009. The fee for additional services, as referenced in this report, shall remain at $5,000 for FY 2008/2009 and FY 2009/2010. Staff Contact: Dee Schabot, (408) 730-7534

Contracts

1.H.	MOTION RTC 08-145	Award of Bid No. F0703-83 to Remove and Replace 200 Theater Seats
	Staff Recommendation: Council awards a purchase order, in substantially the same form as the attached draft and in the amount of $56,421.26 to Krueger International Incorporated, to remove and replace 200 theater seats. Staff Contact: Karen Theriault, (408) 730-7418
1.I.	MOTION RTC 08-151	Award of Bid No. F0703-80 for the Installation of Curb Ramps
	Staff Recommendation: · Council awards a contract, in substantially the same form as the attached draft and in the amount of $82,110, to Spencon Construction for the installation of curb ramps; and · Council approves a project contingency in the amount of $12,317. Staff Contact: Karen Theriault, (408) 730-7418

Other Items

1.J.

MOTION

RTC 08-136

Amendments to Countywide AB 939 Fee and Household Hazardous Waste Agreements for FY 2008/09

Staff Recommendation: Council authorizes the City Manager to execute the proposed amendments to the Agency Agreement for Countywide AB 939 Fee and the Agency Agreement for Countywide Household Hazardous Waste Collection Program (with an augmentation amount of $180,000) and continues to delegate to the City Manager the authority to approve an increase of up to 20% ($36,000) in the City’s augmentation amount.

Staff Contact: Mark Bowers, (408) 730-7421

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.

MOTION

RTC 08-157

Consider Approval of FY 2008/09 Action Plan: Recommendations for Funding of Community Development Block Grant (CDBG) and HOME Funds

Staff Recommendation: Council approves the action plan of FY 2008/09 and appropriates $1,962,508 in CDBG funds and $1,267,917 in HOME funds.

Staff Contact: Katrina Ardina, (408) 730-7451

MOTION

RTC 08-140

Roadway Reconfiguration Guidelines for Retrofitting Streets with Bike Lanes (Originally Titled Policy for Allocation of Street Space) – Study Issue. Revised Policy Recommendation

Staff Recommendation: Council adopts the policy on allocation of street space as described in Attachment B, and directs staff to develop action strategies for improving engagement of the bicycling community when developing bicycle improvement projects, consistent with Community Engagement Sub-Element policy.

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

MOTION

RTC 08-154

Review and Approval of the Position Profile for the New Sunnyvale City Manager

Staff Recommendation: Council reviews, provides input and approves the position profile for the new Sunnyvale City Manager developed by Mr. Avery and reviewed by the City Council Subcommittee.

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

MOTION

RTC 08-132

2007-0065 – Applicant appeal of a decision of the Planning Commission to deny an application for 688 Conway Road (near Hollenbeck Avenue) in an R-2 (Low-Medium Density Residential) Zoning District. 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.

Staff Recommendation: Council denies the appeal, and upholds the decision of the Planning Commission to deny the Design Review.

Staff Contact: Noren Caliva, (408) 730-7637

MOTION

RTC 08-158

Intergovernmental Assignment: Appointment of Council Representative to the Citizen Advisory Committee to Water Emergency Transportation Authority

Staff Recommendation: Council

Staff Contact: Yvette Agredano, (408) 730-7536

NON-AGENDA ITEMS & COMMENTS

· Council

· Staff

INFORMATION ONLY REPORTS/ITEMS

· Tentative Council Meeting Agenda Calendar

· Draft Minutes of the Board of Library Trustees Meeting of May 5, 2008

· RTC 08-153 Opportunity for Council to Appeal Decisions of the Planning Commission Meeting of April 28, 2008 and the Administrative Hearing of April 30, 2008

· Study Session Summary – Boards and Commissions Update

· Draft Minutes of the Boards and Commissions Interviews of April 30, 2008

· Draft Minutes of the Boards and Commissions Interviews of May 1, 2008

· Draft Minutes of the Boards and Commissions Interviews of May 5, 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	TIME	PLACE
May 13, 2008	Council Meeting	7 p.m.	Council Chambers
May 23, 2008	City Manager’s Recommended Budget Workshop	8:30 p.m.	Council Chambers
June 3, 2008	Council Meeting	7 p.m.	Council Chambers
June 10, 2008	Council Meeting	7 p.m.	Council Chambers
June 24, 2008	Council Meeting