CITY OF SANTA CLARA
CITY COUNCIL MEETING
October 10, 2006
In the Council Conference Room
Pursuant to Government Code Section 54957.6
Conference with Agency Labor Negotiator
City Negotiator: Jennifer Sparacino, City Manager
Unit #2 - Santa Clara Police Officer's Association
Unit #10 - Public Safety Non-Sworn Employees Association
Pursuant to Government Code Section 54956.9(a)
Conference with Legal Counsel
City of Santa Clara, Redevelopment Agency of the City of Santa Clara v.
City of San Jose, Redevelopment Agency of the City of San Jose
Court of Appeal, Sixth Appellate District Case Number H030242
Santa Clara Superior Court Case No. 1-05-CV-046005
(Consolidated with Case Nos. 1-05-CV-046013 and 1-05-CV-046025)
Conference with Legal Counsel
Pursuant to Government Code Section 54956.9(c)
City as potential plaintiff in one case
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)
5. SPECIAL ORDER OF 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.)
1. Sam and Sandi Gettle: Request for reconsideration of the Council's denial of a variance to reduce the required setbacks and increased fence heights at 2494 Benton Street (PLN2005-05457).
B. Council reconsideration of its approval of the rezoning from Light Industrial (ML) to Planned Development (Light Industrial) (PD[ML]) at 2905-2909 Stender Way to create a single lot subdivision in order to convert an existing industrial building into 35 condominiums for industrial and supportive retail uses [Pearl Gateway Development, LLC - PLN2006-05727].
C. Approval of the Request for Qualifications for a Master Developer brochure for the selection of the Master Developer for the Downtown Revitalization Project and to continue discussions with County or State Courts staff to ensure that the Courthouse facility and/or operations interface as effectively as possible with the proposed downtown redevelopment.
D. Pass to print an Ordinance adding Chapter 9.50 to Title 9 of the City's Municipal Code entitled "Municipal Responses to Loud or Unruly Parties, Gatherings or Events".
E. Pass to print an Ordinance amending Section 9.05.120 of Chapter 9.05 to Title 9 of the City's Municipal Code entitled "General Violations" pertaining to Firearms Shows.
[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. Note and file the Departmental Activity Report for July 2006.
2. Acceptance of work performed by San Jose Signal Electric Construction, Inc. on Traffic Signal Modification-Bowers Avenue at Monroe Street project and authorization to record the Notice of Completion (CE 02-03-10).
3. Acceptance of the Financial Status Reports for August 31, 2006.
4. Set November 14, 2006 for the public hearing to Obtain Citizen's Views on the City's Housing and Community Development Needs for Fiscal Year 2007-08 Annual Consolidated Plan and authorization to publish the Notice.
5. Approval and authorization (retroactive) to publish the November 2006 Mission City SCENES.
6. Approval of the use of City Electric Forces for the installation of facilities at various locations.
7. Approval of the purchase of Special Liability Insurance of the Grizzly Hydroelectric Project for the period of September 29, 2006 to September 29, 2007 for an annual premium of $54,770.33.
8. Approval of the appointment of Michelle Biocini, Linda Oseso and Anya Vo to the 2006-07 Youth Commission.
9. Approval of the proposed topics schedule for the 2007 Mission City SCENES and Utility Bill Inserts.
10. Adoption of Ordinance No. 1810 amending the City's Municipal Code by adding a new Chapter 8.50 regulating portable automobile spray-finishing operations utilizing flammable and combustible liquids.
11. Adoption of Ordinance No. 1811 amending Chapter 5.05 of Title 5 of the City's Municipal Code which clarifies and adds language regarding solicitor and peddler permit requirements and repeals City Code Sections 10.05.520 and 10.05.530.
12. Adoption of Ordinance No. 1812 amending Section 8.35.060 and adding Chapter 8.37 to the City's Municipal Code regarding regulation of smoking lounges in the City.
13. Adoption of a Resolution making findings of benefit to the Redevelopment Project Area by providing financing for predevelopment costs for an affordable housing apartment facility at 3661 Peacock Court for youths aging out of foster care and approval of a Predevelopment Funding Agreement with Bill Wilson Center and the Redevelopment Agency in the amount of $93,955.
1. Approval of an Agreement and Covenant Running with the Land with Kevin and Roxanne Kono to defer the installation of City standard street improvements along the frontage of 213 Westridge Drive (APN 303-19-033; SC 18,190).
1. Silicon Valley Power Adds 50% More Renewable Energy to Power Mix.
2. Bear Stearns Interest Rate Swap Agreement Executed September 21, 2006.
3. Agreement for Services with Tai Ping Carpets Americas, Inc. and the Redevelopment Agency for the Santa Clara Convention Center Carpet Upgrades Project.
4. General Plan Annual Progress Report for Fiscal Year 2005-2006.
5. Water Pollution Control Plant's 50th Anniversary.
1. Parks and Recreation Commission - September 19, 2006.
2. Youth Commission - September 12, 2006.
E. Routine Written Petitions for Approval
[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 by Michael Orlando of the Planning Commission's denial of a variance to legalize a garage conversion at 1206 Main Street (PLN2006-05845): Staff recommendation to uphold the Planning Commission's denial.
B. Appeal by Inderjit Chatha of the Planning Commission's denial to demolish the existing residence in order to construct an approximately 3,800 square foot new two-story single family home at 457 Greenwood Drive (PLN2006-05698): Staff recommendation to uphold the Planning Commission's denial.
* Approval of modifications of the Job Specifications for Police Records Manager, Electric Meter Technician, Principal Electrical Estimator and Troubleshooter, including the following title changes; Electric Crew Foreperson, Electric Helper/Driver, Electrician, Journey Line Worker and Senior Electrician Technician.
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. 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. Set October 17, 2006 at 6:00 p.m. for a Special Meeting (Closed Session) in the Council Conference Room pursuant to Government Code Section 54957.6 for a Conference with Agency Labor Negotiator regarding City Negotiator: Jennifer Sparacino, City Manager (or her designee); Employee Organization(s): Unit #2 - Santa Clara Police Officer's Association, Unit #9A - Unclassified Police Employees and Unit #10 - Public Safety Non-Sworn Employees Association.
A. To Tuesday evening, October 24, 2006 at 7:00 p.m. in the City Hall Council Chambers for the regular meeting.