CITY OF SANTA CLARA
CITY COUNCIL MEETING
July 12, 2005
In the Council Conference Room
Pursuant to Government Code Section 54957.6
City Negotiator: Jennifer Sparacino, City Manager (or designee)
Unit #3 - International Brotherhood of Electrical Workers (IBEW), Local 1245
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
Conference with Legal Counsel
Pursuant to Government Code Section 54956.9(a)
Bina Malhotra v. City of Santa Clara, et al.
Santa Clara Superior Court Case No. 104-CV029962
in the Reception Lobby Area
For the term ending June 30, 2009
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)
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. Continuation of Public Hearing: Planning Commission recommendations regarding 5301 Stevens Creek Boulevard - Adoption of a Supplemental Environmental Impact Report (SEIR); Rezone from Planned Development (PD) to Planned Development (PD) for the approval of a revised Master Plan for the Agilent Technologies, Inc. facility. The current approved Master Plan and Planned Development zoning on the site allows a total of 1,552,500 square feet of research and development (R&D), office and manufacturing uses; the proposed project would modify the Master Plan and PD zoning to include the phased construction of an additional 560,000 square feet of office and R&D space to the existing campus, for a total of 1,385,000 square feet (11% decrease) of office, R&D and manufacturing and retain the six existing buildings on the site; and Adoption of a Development Agreement to grant a right to develop with specified terms and conditions for a term of 5 years (PLN2004-04317 / PLN2004-04318 and CEQ2004-01020):
* Adoption of a Resolution certifying the SEIR
* Adoption of a Resolution adopting the Statement of Overriding Considerations for Unavoidable Adverse Environmental Effects
* Approval of Rezoning to PD for the proposed Master Plan
* Approval of the Development Agreement
* Pass to print an Ordinance approving the Development Agreement.
[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.]
1. Adoption of a Resolution establishing a No Parking for commercial vehicles in excess of 20 feet in length zone on the north side of Homestead Road west of Las Palmas Drive.
2. Adoption of a Resolution ordering the grant of a public utility easement within City-owned lands at 4025 Rivermark Parkway (APN 097-08-089 - S.C. 17,918).
3. Adoption of a Resolution ordering the grant of a sidewalk easement within City-owned lands at 4025 Rivermark Parkway (APN 097-08-089 - S.C. 17,919).
4. Approval of the use of City Electric forces for the installation of facilities at various locations.
5. Approval of the use of City Water Utility forces for the installation of facilities at various locations.
6. Approval of the Plans and Specifications for the Bridge Deck Rehabilitation Project and authorization to make minor modifications and to advertise for bids (CE 05-06-07).
7. Acceptance of the Triton Museum of Art semi-annual report of donations for the period of December 1, 2004 through June 1, 2005.
8. Acceptance of the Outstanding Debt Schedule as of June 30, 2005 for the City of Santa Clara, its Agencies and Corporations, including the City's share of various Joint Power Agency debt.
9. Approval to set the salary at step "3" in salary range D1-35 for newly hired Electric Utility Generation Technician Joseph Wierzbicki.
10. Acceptance of the Financial Status Reports for the month ended May 31, 2005.
1. Approval of Calls No. 05-1, 05-2, and 05-3 with Tetra Tech Construction Services, Inc. for services to support the Fiber Optic Enterprise in an amount not to exceed $300,000.
2. Adoption of a Resolution approving the Funding Agreement between the Housing Trust of Santa Clara County and the Redevelopment Agency and determining benefit from the use of Affordable Housing Funds.
3. Approval of Call No. 05-1 with Davis Power Consultants for consulting support services for the Electric Department Resources Division in an amount not to exceed $125,000.
4. Approval of Change Order No. 1 for Maggiora Bros. Drilling, Inc. for Public Works Contract WA-2964 for the Construction of Water Well 36 at the Donald Von Raesfeld Power Plant in an amount not to exceed $89,559.50 and to add 17 working days to the original contract.
5. Approval of an Agreement with the City of San Jose for the 2005 Miscellaneous Asphalt Repair and Microsurfacing of Stevens Creek Boulevard from Redwood Avenue to Bret Avenue.
6. Approval of an Agreement with Lucas Concrete Company in the amount of $269,183.50 for the 2005-06 Sidewalk, Curb and Gutter Maintenance Project and authorization to execute change orders which do not exceed 10% ($26,918) of the agreement amount.
7. Approval of Call 05-1 with ACS Enterprise Solutions, Inc. for a services retainer for ongoing functional and systems support of the Silicon Valley Power Advanced Metering Program in an amount not to exceed $133,800.
8. Approval of Call 05-2 with ACS Enterprise Solutions, Inc. for a services retainer for support and enhancement of Silicon Valley Power, SVP Fiber and "Move to Santa Clara" Websites in an amount not to exceed $111,660.
1. City Hall and Central Library in the Green Rate Program.
2. Donald Von Raesfeld Power Plant Dedication
1. City-School Liaison Committee - June 10, 2005.
2. Parks and Recreation Commission - June 21, 2005.
3. Cultural Advisory Commission - June 6, 2005.
1. Andrew Diamond/Diamond Properties: Request for approval to use the private street name "Chatelaine Circle" for the development at 3600 Pruneridge Avenue [PLN2004-04707]. Staff Recommendation: Approval.
2. Los Gatos Bicycle Racing Club: Request for approval of the Timpani Criterium Bicycle Race on Betsy Ross Drive, Bunker Hill Lane, Patrick Henry Drive and Old Mountain-Alviso Road on Sunday, August 7, 2005 from 7:30 a.m. to 5:00 p.m. Staff Recommendation: Approval subject to conditions.
[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. Traffic Mitigation Program: Adoption of Resolutions approving the Traffic Mitigation Assessment District Report and approving, confirming and adopting the Traffic Mitigation Program and Traffic Mitigation Impact Fee Report for Fiscal Year 2005-06.
A. Planning Commission minutes regarding 1824 Market Street: Rezone from Moderate Density Apartments (R3-25D) to Planned Development (PD) for the construction of an additional two new housing units and the on-site relocation of an existing historic structure (PLN2005-04991 - Fred Raia).
2. Item #10: 477 Washington Street/986 Bellomy Street - Rezone from Single Family (R1-6L) to Low-Density Multiple-Dwelling (R3-18D) to recognize an existing nonconforming use of an 1,894 square foot structure with four units; and Variance for parking and side setback deficiencies [PLN 2005-05095 - Julieen Lara]
* Recommendation to approve a revision to the Library's Policy Regarding Privacy and Confidentiality that provides a description of Radio Frequency Identification (RFID) technology as it relates to patron personal information.
D. Historical and Landmarks Commission - Minutes of June 2, 2005: Request to note and file.
* Recommendation to add the property at 4423 Cheeney Street and 1824 Market Street to the City of Santa Clara Architecturally or Historically Significant Property List.
* Recommendation to carry over the current remaining budget of approximately $3,000-$4000 for the Berryessa Adobe and Pina Adobe sign program and decorative and informative street signs program.
* Recommendation to expend $500 to cover installation costs for the Cowboy Jim plaque at 1751 Benton Street.
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.
B. Approval of an Agreement with G. Bortolotto and Company in the amount of $1,093,547.93 for the 2005 Miscellaneous Asphalt Removal and Repair Project and authorization to accept and approval to appropriate estimated revenue from the City of San Jose in the amount of $390,000 to the 2003-04 Street Resurfacing Program for a total project appropriation of $485,805.
C. Approval of an Agreement with Valley Slurry Seal Company in an amount not to exceed $989,224.90 for the 2005-06 Street Surface Reseal Project and acceptance of and approval to appropriate estimated revenue from the City of San Jose in the amount of $340,730 for the Miscellaneous Street Rehabilitation account for a total project appropriation of $588,700.
13. 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.
A. To Tuesday evening, July 19, 2005 at 6:00 p.m. in the Reception Lobby Area for Interviews to Fill a Vacancy on the Senior Citizens Advisory Commission and to 7:00 p.m. for the regular scheduled meeting in the City Hall Council Chambers.