CITY OF SANTA CLARA

www.ci.santa-clara.ca.us

 

CITY COUNCIL MEETING

 

AGENDA

A complete agenda packet with back-up reports is available at either City Library beginning Saturday before the Tuesday meeting or at the City Clerk's Office on weekdays.  A complete agenda packet is also available at the City Council meeting and on the City's website.

 

October 21, 2003

 

 

5:30 p.m.

CLOSED SESSION

In the Council Conference Room

Pursuant to Government Code Section 54957.6

City Negotiator:  Jennifer Sparacino, City Manager, or her designee

Employee Organization(s):

Unit #1 - Santa Clara City Professional Firefighters

Unit #2 - Santa Clara Police Officer's Association

Unit #3 - International Brotherhood of Electrical Workers (IBEW)

Unit #4 - City of Santa Clara Professional Engineers

Units #5, 7 & 8 - City of Santa Clara Employees Association

Unit #6 - AFSCME (American Federation of State, County and Municipal Employees)

Unit #9 - Unclassified Management Employees

Unit #9A - Unclassified Fire Management Employees

Unit #9B - Unclassified Police Management Employees

Unit #10 - Public Safety Non Sworn Employees Association

 

REGULAR MEETING

7:00 p.m. in the City Hall Council Chambers

 

APPEAL OF HEARING DECISIONS OF THE CITY COUNCIL MUST BE MADE TO THE SUPERIOR COURT WITHIN 90 CALENDAR DAYS OF FINAL ACTION.  BECAUSE OF THE AGENDA PROVISION FOR RECONSIDERATION, FINAL ACTION IS DEEMED TO OCCUR AT THE END OF THE NEXT REGULAR MEETING. (CODE OF CIVIL PROCEDURE SECTION 1094.6)

 

1.         PLEDGE OF ALLEGIANCE AND INVOCATION PRAYER:

 

2.         ROLL CALL:

 

3.         APPROVAL OF MINUTES:

 

A.         July 22, 2003.

 

B.        August 19, 2003.

4.         CONTINUANCES/EXCEPTIONS:

 

5.         SPECIAL ORDER OF BUSINESS:

 

A.         Update on the Leadership Santa Clara Program and promotion to encourage residential and business participation in the 2004 class.

 

B.        Electric Utility Strategic Plan Status Report for the Third Quarter 2003.

 

6.         UNFINISHED BUSINESS:

 

A.         Possible Reconsideration of Actions Taken at Immediately Preceding Meeting. (See the Summary of City Council Actions for potential reconsideration which is attached to the posted Agenda and is in the Agenda Packet Binder in the Council Chambers.)

 

B.        Pass to print an Ordinance amending the Zoning Ordinance relating to accessory units.

 

1.   Joanne G. Bruna:  Letter of concern regarding the ordinance.

 

7.         CONSENT CALENDAR:

[Items listed on the CONSENT CALENDAR are considered routine and will be adopted by one motion.  There will be no separate discussion of the items on the CONSENT CALENDAR unless discussion is requested by a member of the Council, staff, or public.  If so requested, that item will be removed from the CONSENT CALENDAR and considered under CONSENT ITEMS PULLED FOR DISCUSSION.]

 

A.        Departmental Reports

1.         Approval to donate a surplus radar unit to North Valley Baptist Church for use in the school's athletic program.

2.         Approval and authorization to publish the December 2003 Mission City SCENES.

3.         Approval of the topics schedule for the 2004 Mission City SCENES and the schedule for additional inserts.

4.         Set November 18, 2003 for a Public Hearing to obtain citizen's views on the City's Housing and Community Development Needs for Fiscal Year 2004-05 Annual Consolidated Plan and authorization to publish the Notice of Public Hearing.

5.         Approval of a new policy for a more formal Business Recognition Program as recommended by the Mission City 21 Committee and authorization to set a Special Order of Business to recognize Mariani's Inn & Restaurant on its 50th Anniversary.

6.         Acceptance of a plaque from Self-Help for the Elderly in appreciation of the City's commitment and support of the Sunrise Center which provides assisted living for seniors and authorization to transmit a letter of acceptance to the organization.

7.         Acceptance of a $100 donation from Edith Steiner to help support the Senior Center Case Management Program and authorization to transmit a letter of appreciation.

8.         Approval of the use of City Electric forces for the installation of facilities at various locations.

9.         Adoption of a Resolution establishing a 4-Hour Parking zone on the south side of El Camino Real between Monroe Street and Madison Street and a No Parking for Vehicles in Excess of 20 Feet in Length zone on the south side of Agnew Road east of Lakeshore Drive.

10.       Adoption of a Resolution establishing a Loading zone on the east side of The Alameda south of Market Street.

11.       Adoption of a Resolution establishing a 24-Minute Parking zone on the south side of Monroe Street west of Scott Boulevard.

12.       Acceptance of a donation in the amount of $10,000 from The River of Life Christian Church to help fund the Foundation and Friends of the Santa Clara Library and the Championship Team Trust Fund and authorization to transmit a letter of appreciation.

13.       Approval of the Job Description for Director of Electric Utility.

14.       Set October 28, 2003 as a Special Order of Business for the introduction of the Senior Vice President and General Manager of Paramount Parks Western Division, Rod Rankin.

B.        Agreements

1.         Approval of a Contribution Agreement with Santa Clara Chorale for $10,200 for the production of four concert productions during the 2003-04 season.

2.         Approval of a Contribution Agreement with the Santa Clara Players for $5,760 for the production of four plays during the 2003-04 season.

3.         Approval of a Contribution Agreement with Santa Clara Ballet Association for $13,000 for the production of the Nutcracker Ballet to be held at the Santa Clara Convention Center in December 2003.

4.         Approval of an Agreement (Covenant Running with the Land) with Robert McAdam to defer underground improvements for the real property at 300 Martin Avenue and authorization to record the Agreement.

5.         Approval of Amendment No. 2 to Western Area Power Administration Contract 89-SAO-50003 for Emergency Aid and Optional Permanent Repair Service of the 60 kV Transmission Line on Stony Gorge and Black Butte Hydroelectric Projects.

6.         Approval of Western Area Power Administration Contract 03-SNR-00568 for maintenance services to electrical generation, transmission and/or related facilities on an as-needed basis.

7.         Approval of Covenants to Restrict Use of Property - Environmental Restriction The Cell and Environmental Restriction Yerba Buena Way and an Agreement for Operation and Maintenance with the State Department of Toxic Substances Control for the Santa Clara Gateway Site.

C.        Reports for Information and Possible Action

1.         League of California Cities 2003 Annual Conference Resolutions Final Report.

2.         U.S. Synchronized Swimming Community Service Award.

3.         General Plan Annual Progress Report for Fiscal Year 2002-2003.

4.         Santa Clara City Library's Placement on the 2003 Hennen's American Public Library Ratings (HAPLR).

5.         Santa Clara Soccer Team to Travel to Izumo, Japan.

D.        Minutes to Note and File

1.         International Exchange Commission - September 2, 2003.

2.         Conservation District Working Group - September 23, 2003.

3.         Neighborhood - University Relations Committee - September 29, 2003.

4.         Youth Commission - September 23, 2003.

E.         Routine Written Petitions for Approval

1.         Wilcox High School:  Request for approval of the Homecoming Parade on October 24, 2003 at 2:00 p.m.  Staff Recommendation:  Approval.

8.         ITEMS SET FOR HEARING:

 

[Planning Commission items not being appealed, or which are not related to an appeal, will be heard under BOARDS AND COMMISSIONS FOR ACTION.]  If you challenge a City Council land use decision in court, you may be limited to raising only those issues you or someone else raised at this hearing before the City Council or in written correspondence delivered to the City at, or prior to, the City Council hearing on the matter.  (California Government Code Section 65009)

 

A.         Appeal submitted by Salvatore Caruso of the Planning Commission denial of a variance to reduce the on-site parking requirement from 25 to 18 spaces and Planning Commission recommendation to deny the rezone from Commercial Thoroughfare (CT) to Planned Development (PD) to convert and expand the existing one-story commercial building to a three-story mixed use development with ground floor retail and five apartment units above for 932 El Camino Real (PLN2003-03537).

 

B.        Planning Commission recommendation to approve rezone from Single Family Residential (R1-6L) to Planning Development (PD) and to demolish an existing single family residence to construct a 2-story multi-family infill project consisting of 7 apartment units, with a reduction in the on-site parking requirement from 45 to 31 spaces in a shared arrangement with an existing commercial property at 1475 Washington Street through a Density Bonus allowance for 1468 Lafayette Street (PLN2003-03536).

            1.   Staff recommendation to add an affordable housing condition.

 

9.         BIDS AND PROPOSALS:

 

A.         Request to award the contract for the Police Facility Emergency Generator Addition to Rosendin Electric, Inc. in the amount of $549,000 (CE 02-03-16).

 

10.       WRITTEN PETITIONS:

 

A.         Silicon Valley Habitat for Humanity, Inc.:  Request to modify the construction work hours for the affordable housing project located at 2235 Gianera Street.

1. Staff recommendation for approval to allow limited Sunday construction during the hours of 10:00 a.m. and 6:00 p.m. excluding holidays.

 

B.        Nam Nguyen:   Request for Council opposition to the Patriot Act.

1.  Staff recommendation to note and file the Written Petition.

 

C.        Andrew Ratermann:  Concerns regarding new high density development, parking requirements and traffic calming in the City.

1.      Staff report.

2.   Paul Rebello:  Letter relating to the above concerns.

 

 

 

 

11.       BOARDS AND COMMISSIONS FOR ACTION:

 

A.         Planning Commission - Minutes of October 8, 2003.

 

B.        Subdivision Committee - Minutes of September 15, 2003.

 *    1410 El Camino Real - Tentative Parcel Map to combine seven parcels into one single lot (Sal Caruso/Ashur Javaharian - PLN2003-03842).

 

C.        International Exchange Commission - Minutes of October 7, 2003.

 *    Approval of a $500 allocation to help offset the expenses for the Santa Clara Boys U13 Soccer Team to travel to Izumo, Japan.

 

12.       CONSENT ITEMS PULLED FOR DISCUSSION:

 

13.       PUBLIC PRESENTATIONS:

 

This portion of the meeting is reserved for persons desiring to address the Council on any matter not on the agenda.  The law does not permit Council action on, or extended discussion of, any item not on the agenda except under special circumstances.  The Council, or its staff, may briefly respond to statements made or questions posed and may request the City Manager to report back at a subsequent meeting.  Please submit to the City Clerk your name and subject matter on forms available by the door in the Council Chambers.

 

14.       REPORTS FOR COUNCIL ACTION:

 

A.         Acceptance of grant funds of $80,000 from Kaiser Permanente for the creation and support of the Health and Wellness Collection at the new Santa Clara City Central Park Library.

 

B.        Certification of the Northern Receiving Station Transmission Reinforcement Project:

1)   Find that the Initial Study complies with California Environmental Quality Act requirements and certify the Negative Declaration,

2)   Determine that certain impacts have been avoided or lessened by the design of the project,

3)   Make certain findings and approve the design and location of the Project and direct the City Manager to proceed with the final design and construction, and

4)   Approve the Construction Agreement with Pacific Gas & Electric Company for Interconnection Facilities in an amount not to exceed $2,300,000.

 

C.           Informational Memo:  San Jose City Council October 21 Meeting Regarding Changes to the Airport Noise Curfew.

 

15.       BILLS AND CLAIMS/PROGRESS PAYMENTS:  (Lists are available in the Council Office and the City Clerk's Office.)

 

A.        Request for approval of Bills and Claims and Progress Payments.

 

16.       REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

 

 

 

 

17.       CLOSED SESSION MATTERS:

 

A.        Set October 28, 2003 at 5:30 p.m. for a Closed Session pursuant to Government Code Section 54957.6, City Negotiator:  Jennifer Sparacino, City Manager, or her designee, Employee Organization(s):  Unit #1 – Santa Clara City Professional Firefighters, Unit #2 – Santa Clara Police Officer’s Association, Unit #3 – International Brotherhood of Electrical Workers (IBEW), Unit #4 – City of Santa Clara Professional Engineers, Units #5, 7 & 8 – City of Santa Clara Employees Association, Unit #6 – AFSCME (American Federation of State, County and Municipal Employees), Unit #9 – Unclassified Management Employees, Unit #9A – Unclassified Fire Management Employees, Unit #9B – Unclassified Police Management Employees, Unit #10 – Public Safety Non Sworn Employees Association.

 

18.       ADJOURNMENT:

 

A.         To Tuesday evening,  October 28, 2003, at 7:00 p.m. in the City Hall Council Chambers for the regular scheduled meeting.