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.

 

April 25, 2006

 

 

 

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:

 

A.         Council Member Kolstad:  Request to be excused.

 

3.         APPROVAL OF MINUTES:

 

A.         March 21, 2006.

 

4.         CONTINUANCES/EXCEPTIONS:

 

A.         Reschedule to May 16, 2006 consideration of the 2005-07 Council Principles and Priorities Status Report.

 

B.        Continue to May 9, 2006 consideration of the Planned Development Rezoning and Vesting Tentative Map Applications for 3707 Poinciana Drive (PLN2005-05453 and PLN2006-05639) [See 9.A below]

 

C.        Continue to May 9, 2006 consideration of the Combined Rezoning and Variance Appeal Public Hearing for 1468 Lafayette Street (PLN2006-05658) [See 9.A below]

 

 

5.         SPECIAL ORDER OF BUSINESS:

 

A.         Presentation in recognition of the Diana Fruit Company, Inc. for service to the Santa Clara Community since 1921.

 

B.        National Volunteer Recognition Week - Recognition of City volunteers and the Family Giving Tree, a nonprofit organization dedicated to fulfilling the holiday wishes of children.

 

C.        Promotion of the opportunity to serve on the Parks and Recreation Commission.

 

D.        Review of the Tourism Improvement District Annual Report for Fiscal Year 2005-06 by the Santa Clara Chamber of Commerce and Convention-Visitors Bureau:  Request to accept the Report.

 

E.         Council Study Session (continued from April 11, 2006) - Proposal from Police Officers Association (Unit #2) and Santa Clara Firefighters International Association of Firefighters, Local 1171 (Unit #1) regarding binding arbitration:  Background information and responses to Council questions from the April 11, 2006 Council meeting.

 1.      City Clerk’s informational memo regarding additional budget and timeline information.

 2.      Comments made by the Fire Chief and Chief of Police at the Council Meeting of April 11, 2006.

 3.      Correspondence received in support and opposition to the proposed ballot measure.

 4.      Deputy City Manager’s informational memo regarding community forums.

 

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.        Akos Szoboszlay:  Request to repeal Resolution 5603 which restricts pedestrian and other uses on designated portions of certain County expressways.

 1.    Staff recommendation to request the County of Santa Clara consider adopting an ordinance to prohibit pedestrian access on certain portions of Lawrence Expressway where pedestrian facilities do not currently exist and maintain pedestrian prohibitions on San Tomas Expressway within the City limits and to review and develop a program to add sidewalks and/or walkways for pedestrian accessibility on Lawrence Expressway and on San Tomas Expressway.

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.     Adoption of a Resolution establishing a loading zone from 6:00 a.m. to 6:00 p.m. on the south side of Moreland Way west of Lick Mill Boulevard.

2.     Adoption of a Resolution establishing a Disabled Parking zone in front of 3203 Rustic Drive.

3.     Adoption of a Resolution establishing 1-Hour Parking from 8:00 a.m. to 6:00 p.m. on the same day, Saturdays, Sundays and Holidays excepted on the south side of El Camino west of Los Padres Boulevard.

4.     Adoption of a Resolution establishing 2-Hour Parking from 8:00 a.m. to 6:00 p.m. on the same day, Saturdays, Sundays and Holidays excepted on the north and south sides of a portion of McKinley Drive east of Jenkins Place and on both sides of a portion of Blake Avenue north of McKinley Drive.

5.     Adoption of a Resolution establishing a Stop Sign facing White Drive at the intersection of Las Palmas Drive and amending Section 1 of Resolution No. 1002 by deleting the Yield Sign facing White Drive at Las Palmas Drive.

6.     Adoption of a Resolution establishing a Disabled Parking zone in front of 4647 Demaret Drive.

7.     Adoption of a Resolution authorizing the City's application to the Metropolitan Transportation Commission for Transportation Development Act (TDA) Article 3 Allocations for Fiscal Year 2006-07 for the revision of the City's bicycle plan and bicycle map, performance of an annual TDA certified fiscal audit and bicycle and pedestrian improvement projects at various locations throughout the City.

8.     Set May 16, 2006 for a public hearing on the City's proposed fiscal year 2006-07 retail water rates which will reflect a 7% increase for potable water and 12% to 16% increase for recycled water and authorization to publish the notice of the public hearing.

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

10.   Authorization to transmit a letter to Senator Elaine Alquist in support of Senate Bill 1554 (Bowen and Cox) which prohibits the California Public Utilities Commission (PUC) from imposing inappropriate application of exit fees on customers of publicly owned utilities and to follow-up on legislative action if needed.

11.   Set May 9, 2006 for a public hearing to consider the appeal submitted by Salvatore Caruso of the Planning Commission denial of a Density Variance for the project at 1468 Lafayette Street (PLN2006-05658).

12.   Acceptance of a donation from Floyd Meyer and Pamela Lopker-Meyer of $12,671 to purchase a thermal imaging camera for the Fire Department and authorization to transmit a letter of appreciation.

13.   Approval to refer to the May 23, 2006 Budget Study Session the request submitted by Joint Venture:  Silicon Valley Network for funding in the amount of $25,000.

14.   Adoption of a Resolution proclaiming May 7-13, 2006 as Building Safety Week and encouraging City staff and Santa Clara citizens to participate in the week's activities.

15.   Acceptance of the 2006 Income Guideline Schedule applicable to the Community Development Block Grant (CDBG) and Home Investment Partnerships Act Program (HOME) effective March 8, 2006.

16.   Set May 9, 2006 at 5:30 p.m. for a joint meeting with the Santa Clara Youth Commission and the City Council and reschedule the interviews for the Parks and Recreation Commission to 6:15 p.m.

17.   Adoption of Resolutions approving a City Master Bond Interest Rate Hedging Policy and an interest rate swap agreement form, authorizing entry into a swap transaction and amending Resolution Nos. 4796 and 4934 which established issuance and sale of electric utility revenue bond procedures and approval of Forms of Swap Agreement, Swap Confirmation and Credit Support Annex.

18.   Approval of the Integrated Electric Resource Policy for Silicon Valley Power based on the Northern California Power Agency Commission (NCPA) approved Resource Adequacy Program.

19.   Authorization to transmit a letter to Architectural Consultant Craig Mineweaser, AIA, in appreciation of his volunteer services to the City and congratulating him for receiving the Junior League of San Jose volunteer recognition award in the Professional Services category.

20.   Adoption of Resolution establishing the Voluntary Campaign Expenditure Limit at $29,300 for the November 7, 2006 City election.

21.   Approval to reschedule the Council/Agency/Authority Study Session regarding the Proposed Five Year Financial Plan to May 16, 2006.

B.        Agreements

1.     Approval of an Agreement with G&E Engineering Systems, Inc. in an amount not to exceed $197,940 for engineering consulting services.

2.     Approval of Change Order No. 2391A-01 for Rosendin Electric for the Northwestern Substation Project Construction which will increase the total authorized amount to $1,499,741.

3.     Approval of a Call Agreement with E-Source Companies, LLC and to execute Call No. 06-1 in an amount not to exceed $17,600 for assistance in Green House Gas Inventorying and Development of an Inventory Management System.

4.     Approval of an Agreement with Nvidia Corporation for the sale of electricity at a discounted rate in exchange for a long term commitment to purchase electrical energy from Silicon Valley Power beyond the year 2006.

5.     Approval to negotiate and execute an Agreement with Vavrinek, Trine, Day & Co., LLP to perform the annual financial audit for the City, and its Agencies and Corporations for three to five fiscal years beginning with an initial cost of $177,800 with CPI adjustments each year, plus two one-year options, beginning with fiscal year ended June 30, 2006.

C.        Reports for Information and Possible Action

1.     Comcast Equipment Rate Settlement Refund Plan as Pursuant to Resolution No. 7290 adopted by the City of Santa Clara on December 13, 2005, which Provides each Basic Subscriber with a Total Refund of $2.92.

D.        Minutes to Note and File

1.     Senior Advisory Commission - March 27, 2006.

2.     Cultural Advisory Commission - April 3, 2006.

 

 

 

 

E.         Routine Written Petitions for Approval

1.     Santa Clara High School Dance Team:  Request for retroactive approval of Championship Team matching funds of $1,850 to compete in Anaheim, California, in the USA National Spirit and Dance/Drill Competition on March 16-19, 2006.  Staff Recommendation:  Approval subject to execution of a Contribution Agreement with the Santa Clara Unified School District.

2.     Furniture Express:  Approval of a Special Permit to allow two outdoor parking lot sales at 2655 El Camino Real on May 27-29, 2006 and September 2-4, 2006 (PLN2006-05693).  Staff Recommendation:  Approval subject to conditions.

 

8.         WRITTEN PETITIONS:

 

A.         Linda Perrine on behalf of the Friends of the Bay Area Research and Extension Center (BAREC) property:  Request to make a 15 minute presentation at a future Council meeting on an alternative use of the BAREC property.

1.     Informational staff report in response to the request.

 

9.         BOARDS AND COMMISSIONS FOR ACTION:

 

A.         Planning Commission - Minutes of April 12, 2006:  Request to note and file.

* Item 11:  3707 Poinciana Drive - Rezone from Planned Development/ Investment Apartments (PD) to PD (R3-25D), Variance for reduction of on-site parking requirement and Vesting Tentative Subdivision Map to allow conversion of 156 apartments into 148 for-sale condominium units (Greenery Apartments LLC / Eric Schrumpf for Pacific Property Company - PLN2005-05453 and PLN2006-05639)  [See request to continue to May 9, 2006 - 4.B above]

* Item 12:  1468 Lafayette Street - Amend Planned Development (PD) zoning, Variance to General Plan density and Variance to Density Bonus in conjunction with the construction of 4 two-bedroom condominium units in 2 two-story duets with covered, tandem and open parking (Salvatore Caruso - PLN2006-05658) [See request to continue to May 9, 2006 - 4.C above]

 

 

  1.     Item 8.F:  1655 Scott Boulevard - Tentative Tract Map for approved Planned Development (PD) residential development to create 27 lots for the construction of 130 attached homes and common lots for open space, private streets and alleys (Shea Homes / PLN2005-05177, PLN2005-04878).

 

 

 2.      Item 10:  2250 El Camino Real - General Plan Amendment #63 from Mixed-Use to High Density Residential and Rezone from Commercial Thoroughfare (CT) to Planned Development (PD) to construct a three-story residential project with 42 condominium units over podium parking (Gregory Malley / Salvatore Caruso - PLN2005-05260).

 

a.    Salvatore Caruso:  Letter in support of the project.

 

 

 

 

 

 

 

 

 

3.       Item 8.G:  940 Civic Center Drive - Rezone from Thoroughfare Commercial (CT) to Single Family Residential (R1-6L), Variance for substandard lot size, lot width and side yard setback, and Modification to increase maximum lot coverage to 42 percent and building height to 26'3" (Manual Alvarez - PLN2006-05596).

 

B.         Historical and Landmarks Commission - Minutes of April 6, 2006:  Request to note and file.

* Recommendation to approve a Mills Act Contract for 1460 Santa Clara Street.

* Recommendation to appropriate funds in the amount of $725 for the Jamison-Brown/Jack London plaque at the Triton Museum grounds.

 

10.       CONSENT ITEMS PULLED FOR DISCUSSION:

 

11.       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.

 

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

 

A.         Approval of Bills and Claims and Progress Payments.

 

13.       REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

 

14.       CLOSED SESSION MATTERS:

 

A.         Set June 20, 2006 at 5:30 p.m. for a Closed  Session in the Council Conference Room for the annual performance evaluation of the City Attorney.

 

15.       ADJOURNMENT:

 

A.         To Tuesday evening, May 9, 2006, at 6:15 p.m. for interviews to fill a vacancy on the Parks and Recreation Commission and to 7:00 p.m. in the City Hall Council Chambers for the regularly scheduled meeting.