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.

 

March 4, 2008

 

 

 

 

5:00 p.m.

Closed Session

Council Conference Room

Conference with Real Property Negotiator

Pursuant to Government Code Section 54956.8

Property: APN 104-43-051, APN 104-43-052, APN 104-43-030,

 APN 104-42-014 and APN 104-42-019

Negotiating Party(ies): Cedar Fair and the San Francisco 49ers

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

Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property

(provisions, price and terms of payment)

 

6:00 p.m.

Study Session

City Hall Council Chambers

Possible Ballot Measure Regarding the San Francisco 49ers

Proposal to Construct a Stadium in the City of Santa Clara

 

 

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 PURSUANT TO CITY COUNCIL POLICY (P&P 042). (CODE OF CIVIL PROCEDURE SECTION 1094.6)

 

1.         PLEDGE OF ALLEGIANCE AND INVOCATION PRAYER:

 

2.         ROLL CALL:

 

3.         CONTINUANCES/EXCEPTIONS:

 

4.         SPECIAL ORDER OF BUSINESS:

 

A.         Dignitaries from Limerick Ireland to Show Support for a Sister City Relationship.

 

5.         UNFINISHED BUSINESS:

 

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

 

B.        Determine that a November 2008 City ballot measure (Option 1b) will be held on the proposed San Francisco 49ers stadium project with information for the ballot measure being taken from the Term Sheet currently under negotiations between the City and the 49ers, and the ballot language would clearly state that the measure was subject to the stadium project completing California Environmental Quality Act (CEQA) review.

1.         Informational Report: City Attorney's memo regarding Ballot Measures - Types and Issues.

2.         Informational Report: City Clerk/Auditor's memo regarding Election Information and Potential Costs.

3.         J. Byron Fleck: Letter requesting that the stadium funding measure be placed on the ballot.

4.         Correspondence received as of February 26, 2008 regarding the proposed San Francisco 49ers stadium .

 

C.        Pass to print Ordinance No. 1831 adding Chapter 5.26 to the City Code regarding implementation of the Digital Infrastructure and Video Communications Act of 2006 (DIVCA) and refer the matter back to the City Manager for establishing an encroachment permit process.

 

6.         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 of the revised job description for Housing Development Officer.

2.         Note and file the Departmental Activity Report for the month of December 2007.

3.         Approval of the revised job description for Inspection Manager.

4.         Approval of the revised job description for Assistant Director of Water Utility.

 

 

5.         Acceptance of the work performed by Prism Engineering, Inc. on the Traffic Signal Installation at Lafayette Street and Santa Clara Street and authorization to record the Notice of Completion (CE 06-07-03).

6.         Adoption of a Resolution establishing a Disabled Parking zone in front of 950 Poplar Street.

7.         Approval to adopt a Resolution adopting the Mitigated Negative Declaration and approval of a Special Permit to allow use of Buck Shaw Stadium on the Santa Clara University campus by a professional sports team in accordance with Section 18.60.030 of the City Code, subject to conditions of approval.

1.         John Urban, President of the Newhall Neighborhood Association: Letter of concern regarding the stadium temporary expansion.

8.         Adoption of a Resolution establishing a Passenger Loading and Unloading Zone on School Days between the hours of 8:00 a.m. and 9:30 a.m. and also between the hours of 11:30 a.m. and 3:30 p.m. on the west side of Monticello Way, north of Monroe Street.

9.         Acceptance of the work performed by Vanguard Construction for the Removal of Barriers to the Physically Challenged FY 2007-08; and authorization to record the Notice of Completion (CE 07-08-05).

10.       Pass to Print an Ordinance amending Title 18 (Zoning) of Chapter 54 (Regulations for PD - Planned Development and Combined Zoning Districts) of Section 18.54.080 (Community Ownership Projects) of the City Code, regarding the time for the City Attorney's review of organizational documents for community ownership projects.

11.       Adoption of Ordinance No. 1830, which adds Chapter 1.15 (Claims Against the City) of Title 1 (General Provisions) to the City Code, regarding processing claims against the City.

12.       Approval of the use of City Electric forces for the installation of facilities at 3433 Londonderry Drive.

13.       Approval to take position of support on Assembly Bill 2437 (Ruskin) Regional Water Systems, which will extend State oversight of the San Francisco Public Utility Commission's program to repair and improve the Bay Area regional water system; authorization to submit a letter of support; and for the City Manager to take any follow-up actions as appropriate.

14.       Acceptance of the January 31, 2008 financial status reports.

15.       Approval to accept the donation from Lisa Ruiz in the amount of $200 to help support the Senior Case Management Program and authorization to transmit a letter of appreciation.

16.       Approval of the revised job description for Parks and Recreation Director.

 

 

 

B.        Agreements

1.         Approval to execute a Historic Property Preservation Agreement (Mills Act Contract) with Juvenal and Manuela Silveira at 1464 Franklin Street, which will qualify the property for tax incentives.

2.         Approval to execute a Call Agreement and Call No. 08-01 with Global Touchpoints, Inc., in an amount not to exceed $150,000, for miscellaneous Geographical Information Systems (GIS) Professional Services.

3.         Approval to waive setting and noticing of a public hearing; approval to execute the Agreement and Covenant Running with the Land with Community Association of Rivermark, a California non-profit mutual benefit corporation, to retain and maintain portions of handrails and steps within the public right-of-way along the frontage of the properties at 4441 through 4537 Lick Mill Boulevard; and authorization to record the Agreement (APN 097-08-045; S.C. 18,169).

4.         Approval of a Historic Property Preservation Agreement (Mills Act Contract) with Brian and Katherine Wilson and Frederick and Nancy Raia at 1159 Madison Street, which will qualify the property for tax incentives.

5.         Approval to add 1232 Warburton Avenue to the City's list of Architecturally/Historically Significant Properties and approval to execute a Historic Property Preservation Agreement (Mills Act Contract) with Roger D. Cummings, which will qualify the property for tax incentives.

C.        Reports for Information and Possible Action

1.         "Green, Greener, Greenest" Insert for Spring 2008 Issue of "Inside Santa Clara" Quarterly Municipal Newspaper.

2.         Issuance of Notice of Specified Event Regarding Downgrade of Subordinated Electric Revenue Bonds, Series 1998A and Series 2003B by Fitch Ratings, and Downgrade of Subordinated Electric Revenue Bonds, Series 2003B by Moody's Investors Service.

3.         Joint Venture's 2008 Index of Silicon Valley.

4.         Agreement and Covenant Running with the Land with Rivermark Homeowners Association, a California corporation, to grant a landscape and ingress-egress easement with Sports & Open Space Authority (SOSA) lands at 1050+ Hope Drive (APN 097-05-098; S.C. 18,146).

5.         Santa Clara Convention Center Ballroom Expansion (CE 07-08-03) Novation of Contractors Change Orders 1 and 2 with Roebbelen Contracting, Inc.

D.        Minutes to Note and File

1.         Cultural Advisory Commission - December 3, 2007.

2.         Cultural Advisory Commission - February 4, 2008.

3.         Historical and Landmarks Commission - February 7, 2008.

4.         Senior Advisory Commission - January 28, 2008.

5.         Board of Library Trustees - February 4, 2008.

E.         Routine Written Petitions for Approval

 

7.         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's denial of an amendment to the Planned Development (PD) zoning, variance to General Plan density, and variance to on-site parking requirements for the property located at 1468 Lafayette Street.

            * Staff Recommendation: Uphold the Planning Commission action and deny the appeal of the Variance requests and deny the amendment to the previously approved PD rezoning for the subject property.

 

B.        Allocation of Fiscal Year 2008-09 Community Development Block Grant (CDBG) and HOME Investment Partnerships Act (HOME) funds:

            1) Approval to allocate the funds and to refer proposed housing services projects to the Redevelopment Agency Affordable Housing Fund;

            2) Authorization to prepare the 2008-09 Annual Plan for CDBG and HOME programs;

            3) Approval to create the new project Habitat for Humanity Montague Homeownership Project; to add the project to the 2007-08 Annual Plan, to submit the Plan to the U.S. Department of Housing and Urban Development (HUD); to cancel the Peacock Court Rehabilitation Project and to transfer $350,000 and $100,000 to the new project;

            4) Approval of a minor amendment to the 2007-08 Annual Plan to transfer $16,000 of CDBG program income to the Housing and Community Services Division Contracted Services account.

 

8.         BOARDS AND COMMISSIONS FOR ACTION:

 

A.         Subdivision Committee - Minutes of February 4, 2008: Request to note and file.

            * Tentative Parcel Map to create a single lot subdivision for a previously approved duplex conversion into two condominium units for property located at 675-679 Monroe Street (PLN2007-06770 - Don and Mary Ann Parrot).

 

B.        Subdivision Committee - Minutes of December 24, 2007: Request to note and file.

            * Tentative Parcel Map - One lot subdivision for four condominium units for property located at 1468 Lafayette Street (PLN2007-06665 - Salvatore Caruso and Archana Jain).

 

C.        City Council Economic Development Committee "Mission City 21" - Minutes of January 28, 2008: Request to note and file.

            * Recommendation to refer to the City Manager to develop a definition of big box stores, explore ordinances that other cities may have established restricting their location, include an economic analysis where possible, and return to Council with a report within approximately three months.

 

9.         CONSENT ITEMS PULLED FOR DISCUSSION:

 

10.       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.

 

11.       REPORTS FOR COUNCIL ACTION:

 

A.         Adoption of a Resolution authorizing the redemption of certain outstanding City of Santa Clara Floating Rate Demand Electric Revenue Bonds, Series 1985A, Series 1985B and Series 1985C; authorization of certain other related actions as necessary; and approval of the transfer and appropriation of $11,150,000.

 

B.        Approval to execute the Third Amendment to the Agreement with the County of Santa Clara for the Senior Center Nutrition Program FY 2007/08 to provide additional senior nutrition congregate meals bringing the contract total amount to $116,081 and approval for a mid-year revision to the Senior Nutrition program budget with additional appropriations and estimated revenue.

 

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:

 

A.         Reports regarding conference attendance, if any.

 

14.       CITY MANAGER REPORTS:

 

15.       CLOSED SESSION MATTERS:

 

A.         Set March 18, 2008 at 5:00 p.m. for a Closed Session in the Council Conference Room for a Conference with Real Property Negotiator pursuant to Government Code Section 54956.8; Property: APN 104-43-051, APN 104-43-052, APN 104-43-030, APN 104-42-014 and APN 104-42-019; Negotiating Party(ies): Cedar Fair and the San Francisco 49ers; City Negotiator: Jennifer Sparacino, City Manager (or her designee); Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment).

 

16.       ADJOURNMENT:

A.         To Tuesday evening, March 18, 2008 at 7:00 p.m. in the City Hall Council Chambers for the scheduled regular meeting.