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.

 

August 22, 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:

 

3.         APPROVAL OF MINUTES:

 

A.         June 20, 2006.

 

B.        June 27, 2006.

 

C.        July 11, 2006.

 

4.         CONTINUANCES/EXCEPTIONS:

 

5.         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.)

 

 

 

 

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.       Set the following City Council meetings for calendar year 2007:

January 9 and 23         May 8, 15 and 22           September 11 and 25    

February 6 and 20        June 5, 19 and 26          October 9 and 23

March 6 and 20            July 10 and 17               November 13 and 27

April 3 and 17              August 21 and 28           December 4 and 11

2.       Acceptance of the work performed by Gonsalves & Stronck Construction on Fire Station 3 Replacement (CE 04-05-01) and authorization to record a Notice of Completion.

3.       Acceptance of a donation in the amount of $1,500 from The Community Foundation of Santa Cruz County to help support the Senior Center Case Management Program and authorization to transmit a letter of appreciation.

4.       Approval and authorization to publish the October 2006 Mission City SCENES.

5.       Appointment of Assistant City Attorney Helene Leichter as voting delegate and Assistant City Attorney Susan Cochran as voting alternate to represent the City at the League of California Cities Annual Business Meeting on September 9, 2006.

6.       Acceptance of the Financial Status Reports dated June 30, 2006.

7.       Note and file the Departmental Activity Report for the month of May 2006.

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

9.       Approval of the use of City Water forces for the installation of facilities at 2580 Homestead Road.

10.     Approval of Stipulations with Request for Award for Workers' Compensation Claim filed by Police Officer Perry Di Benedetto.

11.     Approval of the Final Map for Tract 9769 for the Planned Development of 430 condominiums on an approximately 5.42-acre lot at 550 Moreland Way for Fourth Avenue LLC and authorization to record the Map [PLN2004-04446 / SAM2005-01071 - APN 097-08-109 (formerly APN 097-08-075)].

12.     Adoption of a Resolution establishing No Parking for vehicles in excess of 20 feet in length zones on both sides of Our Lady's Way between Great America Parkway and Mission College Boulevard.

13.     Adoption of a Resolution establishing No Parking for vehicles in excess of 20 feet in length zones on the east side of Belick Street north of Gianni Street, north and south sides of Gianni Street east of Molinaro Street and east side of Molinaro Street north of Gianni Street.

14.     Adoption of a Resolution establishing No Parking zones for vehicles in excess of 20 feet in length on the west and east sides of Keller Street north Laurelwood Road.

 

15.     Adoption of a Resolution ordering the vacation of a water utility easement located at 431 El Camino Real to Sobrato Development Company No. 871 and authorization to record the Resolution (APN 230-13-025 and 026; S.C. 18,200).

16.     Adoption of a Resolution establishing a 2-Hour Parking At Any Time zone on the east side of The Alameda south of Harrison Street and 1-Hour Parking At Any Time zones on the east side of The Alameda north of Fremont Street and on the north side of Laurelwood Road east of Thomas Road.

17.     Adoption of a Resolution establishing a Disabled Parking zone on the Highland Avenue frontage of 174 Washington Street.

18.     Adoption of a Resolution establishing Stop Signs facing Laird Circle at the northerly and southerly intersections of Laird Circle and Lick Mill Boulevard.

19.     Approval to set the salary at Schedule A-21, Step 3 for Engineering Aide Duc Luu in the Water and Sewer Department.

20.     Approval to negotiate a five year extension to the Interconnection Agreement with Pacific Gas & Electric Company extending the date to September 1, 2012 and authorization to execute all necessary documents subject to staff and City Attorney's Office final review.

21.     Authorization to publish the Notice of Availability of the Consolidated Annual Performance and Evaluation Report (CAPER) for the use of federal Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) funds in fiscal year 2005-06.

22.     Approval of the updated Housing Rehabilitation Program Procedural Manual used for administering the Neighborhood Conservation and Improvement Program.

23.     Adoption of Ordinance No. 1806 amending Chapter 5.75 of Title 5 of the City's Municipal Code which clarifies language regarding bingo audit requirements and changes the number of allowable bingo sessions per organization per week.

24.     Adoption of Ordinance No. 1807 amending Chapter 5.35 of Title 5 of the City's Municipal Code which clarifies and adds language regarding taxicab and taxi driver permit requirements.

25.     Adoption of Ordinance No. 1808 amending Chapter 5.40 of Title 5 of the City's Municipal Code which clarifies language related to the application process for massage therapists and mandates increases to massage malpractice insurance.

26.     Set September 26, 2006 for a public hearing to consider the appeal submitted by Sandi and Sam Gettle of the Planning Commission's denial of a fence variance at 2494 Benton Street.

27.     Set September 26, 2006 for a public hearing to consider the appeal submitted by Michael Orlando of the Planning Commission's denial of a garage conversion to a legal accessory structure at 1206 Main Street (PLN2006-05845).

28.     Set August 29, 2006 for a public hearing to consider the Rezoning and Tentative Parcel Map application for 2905-2909 Stender Way (PLN2006-05727).

29.     Set August 29, 2006 for a public hearing to consider the Rezoning and Tentative Subdivision Map applications for 1701 Lawrence Road (PLN2006-05702).

30.     Set August 29, 2006 for a public hearing to consider the Rezoning and Tentative Parcel Map applications for two residences at 1515 and 1525 Franklin Street (PLN2006-05914 and PLN2006-05915).

B.    Agreements

1.       Approval of a Lease Agreement with Align Technologies, Inc. for long term dark fiber optics.

2.       Approval of a Hardware and Software Maintenance Agreement with Innovative Interfaces, Inc. in the amount of $53,860 for maintenance of licensed software and hardware at the Central Park Library and an annual amount not to exceed $60,000 for fiscal year 2006-07.

3.       Approval of a Capital Grant Agreement with Santa Clara Methodist Retirement Foundation for $100,000 for replacement of the Liberty Tower Emergency Call System.

C.    Reports for Information and Possible Action

1.       Santa Clara Station Area Plan Update.

2.       Santa Clara Green Power Program Door to Door Outreach Campaign.

3.       Summary Report on 2005 City $55,000 Donation to American Red Cross Santa Clara Valley for Gulf Coast Hurricane Relief.

4.       2006 Informal Rental Vacancy Survey.

5.       "Public Service Begins with Your Campaign - Ethical Campaigning for Public Office" Workshop - August 24, 2006, 7 p.m. in the City Hall Council Chambers and "Vote Ethics" Insert in the Inside Santa Clara, Quarterly Newspaper.

D.    Minutes to Note and File

1.       Senior Advisory Commission - July 24, 2006.

2.       International Exchange Commission - June 6, 2006.

E.    Routine Written Petitions for Approval

1.       North Valley Baptist Church,  941 Clyde Avenue:  Retroactive approval to hold the annual parade on August 20, 2006 at 9:15 a.m. commencing on Clyde Avenue to Laurie Avenue to Montague Park. Staff Recommendation:  Approval subject to conditions.

2.       Santa Clara Portuguese Band (Sociedade Filarmonica Uniao Portuguesa de Santa Clara), 1375 Lafayette Street:  Request for approval to hold a parade for the Band's 32nd anniversary celebration on Sunday, September 17, 2006 at 9:15 a.m. commencing at the S.E.S. hall on Lafayette Street to the St. Clare Church on Lexington Street and for the hanging of street banners.  Staff Recommendation:  Approval subject to conditions.

 

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 Alex and Amparo Garcia of the Planning Commission's denial of the architectural review application for conversion of living area to create six bedrooms within an existing single family residence at 3324 Marchese Court (PLN2006-05729).

 

B.        Planning Commission recommendations for approval of an amendment to the Planned Development (PD) zoning to add 33 residential condominium units to an existing retail/office property at 1171 Homestead Road (PLN2006-05612 - Nicolas Haralambides/NPH Architects/Jackson Plaza, LLC).

  1.       Richard A. Wentz, The O.N. Equity Sales Company:  Letter in opposition to the project.

 

8.         WRITTEN PETITIONS:

 

A.         Janean Snyder, Snyder's Art Gallery & Studio:  Appeal of the Planning Department's denial of a Home Occupation with sign(s) to be operated in a single family residence at 1291 Benton Street.

1.     Staff recommendation to deny the appeal.

 

B.        Santa Clara Portuguese Band (Sociedade Filarmonica Uniao Portuguesa de Santa Clara), 1375 Lafayette Street:  Request for approval of a Permit for Outdoor Amplification of Music for Saturday, September 16, 2006 from 12 Noon to 11 p.m. for the Band's 32nd anniversary celebration at the S.E.S. Hall parking lot.

 

9.         BOARDS AND COMMISSIONS FOR ACTION:

 

A.         Parks and Recreation Commission - Minutes of July 18, 2006:  Request to note and file.

* Recommendation for approval of a plaque to be placed on a park bench at Everett Alvarez, Jr. Park in memory of Nina Wesson with all costs to be paid by the Las Madres Group.

 

B.        Historical and Landmarks Commission - Minutes of August 3, 2006:  Request to note and file.

* Recommendation for denial of a Mills Act Contract for 1360 Madison Street.

  1.       Staff recommendation to uphold the Commission's denial of the request.

  2.       Letter from property owner in support of the approval of the Mills Act contract.

 

 

C.        Planning Commission - Minutes of July 12, 2006:  Request to note and file.

1.      Item 10:  3421 Homestead Road - Rezone from Single Family Residential (R1-6L) to Planned Development - PD/R3-18D to allow new construction of 14 detached single family homes in conjunction with the demolition of an existing single family residence (Howell & McNeil Development, LLC / Richard Haro - PLN2005-05463).

 

D.        Planning Commission - Minutes of August 9, 2006:  Request to note and file.

 

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.       REPORTS FOR COUNCIL ACTION:

 

A.         Acceptance of grant funds in the amount of $4,000 from the Traffic Safe Communities Network for the Countywide Stop on Red Campaign, authorization to execute related documents and approval of estimated revenue and appropriation of the funds.

 

B.        Approval of an Agreement with G. Bortolotto & Co. in an amount not to exceed $2,938,742.19 for the 2006 Asphalt Removal/Repair & Reconstruction Project, acceptance of estimated revenue from the City of San Jose in the amount of $377,364 and approval of an appropriations increase.

 

C.        Adoption of recommended positions regarding the League of California Cities 2006 Annual Conference Resolutions and authorization for the voting delegate to cast votes to reflect the positions as adopted by the Council.

 

D.        Approval of the transfer of $5,000 from the Friends of Santa Clara Parks and Recreation account to cover staffing for the Teen Zone events for fiscal year 2006-07.

 

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.

 

14.       REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

 

15.       CITY MANAGER REPORTS:

 

 

16.       CLOSED SESSION MATTERS:

 

A.         Adjourn to a Closed Session in the Council Conference Room pursuant to Government Code Section 54956.8 for a Conference with Real Property Negotiator regarding Property:  800 Thomas Foon Chew Way, San Jose, CA, APN 015-31-072 (formerly 1515 Alviso-Milpitas Road, San Jose, CA; APN 015-31-002 near the intersection of Zanker Road and Highway 237); Negotiating Party(ies):  Los Esteros Critical Energy Facility, LLC, representatives; City Negotiator:  Jennifer Sparacino, City Manager; Under Negotiation:  Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment)

and pursuant to Government Code Section 54956.9(a) for a Conference with Legal Counsel regarding Greg Jack v. City of Santa Clara, et al., Santa Clara Superior Court Case No. 1-06-CV068168 and

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).

 

B.        Set August 29, 2006 at 6:30 p.m. for a Closed Session in the Council Conference Room pursuant to Government Code Section 54956.9(a) for a Conference with Legal Counsel regarding Rodriguez v. City of Santa Clara, et al., Santa Clara Superior Court Case No. 1-04-CV-013374.

 

17.       ADJOURNMENT:

 

A.         To Tuesday evening, August 29, 2006, at 7:00 p.m. in the City Hall Council Chambers for the regularly scheduled meeting.