CITY OF SANTA CLARA

www.santaclaraca.gov

 

CITY COUNCIL MEETING

 

AGENDA

 

December 15, 2009

 

6:00 PM
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)
and
Conference with Legal Counsel
Existing Litigation
Pursuant to Government Code Section 54956.9(a)
Cedar Fair, L.P. v. City of Santa Clara, et al.
Santa Clara County Superior Court No. 109CV158836


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.

 

REGULAR MEETING

7:00 PM 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.

APPROVAL OF MINUTES:

 

A.

November 17, 2009.

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Presentation of Funds to Local Charities from the 2009 Santa Clara Art and Wine Festival Proceeds.

 

6.

UNFINISHED BUSINESS:

 

A.

Possible Reconsideration of Actions Taken at Immediately Preceding Meeting. (See 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.

Proposed San Francisco 49ers Stadium:

 

1.

Informational memo: Proposed options for reviewing agenda materials regarding Environmental Impact Report (EIR) Findings and Council Initiated Ballot Measure.

2.

Adoption of a Resolution adopting Findings Concerning Significant Environmental Impacts, Mitigation Measures and Alternatives; a Statement of Overriding Considerations; and a Mitigation Monitoring or Reporting Program for the Proposed 49ers Santa Clara Stadium Project at 4900 Centennial Boulevard (including properties on Centennial Boulevard, and on the North and South side of Tasman Drive) in order to approve a ballot measure and to set an election date for the ballot.

3.

Adoption of a Resolution Calling and Giving Notice of the holding of a Special Municipal Election to be held Tuesday, June 8, 2010 for a ballot measure that, if passed, would adopt an Ordinance of the Voters of the City of Santa Clara, California, declaring the City's policy regarding the lease of City-owned land for the construction and operation of a stadium to be used for professional football games and other purposes; Adoption of a Resolution requesting the Santa Clara Board of Supervisors to consolidate the Special Municipal Election with the June 8, 2010 Statewide Gubernatorial Primary Election; Adoption of a Resolution setting priorities and dates for filing Written Argument(s) and Rebuttal Argument(s) for the ballot measure either a) directing specific Council Members to compose a ballot argument supporting the ballot measure or b) allowing for any registered voter or bona fide association of citizens to submit a proposed argument, and directing the City Attorney to prepare an Impartial Analysis for the measure; and authorize the publication of the Notice of Election.

4.

(a) Approval of funding for a Council initiated ballot measure for the June 2010 election and appropriate Redevelopment Agency funds in an amount not to exceed $200,000.

 

(b) Informational Memo: Estimated costs regarding potential June 8, 2010 election date.

5.

Informational memo: Information on allowable ballot measure activities.

6.

Letter received from San Francisco 49ers.

 

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 Ordinance No. 1850 adding Section 5.35.470 ("Notice of Violation and Hearing") to Chapter 5.35 ("Taxicabs") of Title 5 ("Business Licenses and Regulations") of the Code of the City of Santa Clara setting forth penalties for operating a taxicab without a valid license or driver's permit.

2.

Adoption of Ordinance No. 1851 amending Section 2.125.060 ("Filing of Nomination Petitions") of Chapter 2.125 ("Municipal Elections") of Title 2 ("Administration and Personnel") of the Code of the City of Santa Clara to limit the number of nomination packets that candidates for City Elective Office may simultaneously hold.

3.

Adoption of Ordinance No. 1853 repealing and adopting a new Chapter 13.10 ("Sewers") of Title 13 ("Public Services") of the Code of the City of Santa Clara  regarding sewers to effect changes mandated by the State Water Resources Control Board (SWRCB) and Regional Water Quality Control Board (RWQCB).

4.

Acceptance of the donation from the Santa Clara Diving Club of a new diving board, parts and equipment valued at $17,571.66 to replace old and worn equipment used by the Club and City programs at the George F. Haines International Swim Center as selected and purchased in consultation with the Parks and Recreation Department and authorization to submit a letter of appreciation.

5.

Approval to allow Officer Dale Little to accrue over the maximum vacation hours without penalty.

6.

Approval of the Release of Interest for 2970 Corvin Drive as set forth in the Street Encroachment License and authorization to record the Release of Interest with the County Recorder (APN 216-33-015, S.C. 18,414).

7.

Approval of the use of City Electric forces for the installation of facilities at Augusta Place, south of Monroe Avenue; 258 Rodonovan Drive; and 365 Alberta Court.

8.

Approval of the Stipulations with Request for Award, based on the recommendation of the City's Workers' Compensation legal counsel, to settle the claims for injuries Michael Feliciano, retired Street Maintenance Worker III, sustained on December 25, 2006 and cumulatively through February 1, 2007.

 

9.

Note and file the Departmental Activity Report for the month of September 2009.

10.

Acceptance of the Monthly Financial Status Reports for October 2009.

11.

Acceptance of the City of Santa Clara Audited Comprehensive Annual Financial Report (CAFR) for Fiscal Year ended June 30, 2009, as recommended by the City Council Audit Committee, and the audited financial report for the Electric Utility Silicon Valley Power.

12.

Approval of the total compensation increase of 4.5% for International Association of Firefighters Local 1171 (IAFF) (Unit 1), which results in a 4.79% salary increase, effective the pay period beginning December 27, 2009.

13.

Approval of the total compensation increase of 1.56% for Police Officers Association (POA) (Unit 2), which results in a 2.97% salary increase, effective the pay period beginning December 27, 2009.

14.

Approval of a 5% salary increase for International Brotherhood of Electrical Workers Local 1245 (IBEW) (Unit 3), effective the pay period beginning December 27, 2009.

15.

Approval of a 5% salary increase and the additional 1.5% total compensation increase for the Engineers of the City of Santa Clara (Unit 4), effective the pay period beginning December 27, 2009.

16.

Approval of a 5% salary increase for Employees' Association (Units 5-7-8), effective the pay period beginning December 27, 2009.

17.

Approval of a 5% salary increase for American Federation of State, County and Municipal Employees Local 101 (Unit 6), effective the pay period beginning December 27, 2009.

18.

Approval of a 5.35% salary increase for Miscellaneous Unclassified Management Employees (Unit 9), effective the pay period beginning December 27, 2009. Application of salary and fringe benefit changes to the Council appointed positions of City Manager, City Attorney, and the elected position of City Clerk/Auditor is also recommended, consistent with prior City Council actions.

19.

Approval of the total compensation increase of 1.56% for the Unclassified Police Management Employees (Unit 9A), which results in a 1% salary increase, effective the pay period beginning December 27, 2009. Application of salary and fringe benefit changes to the elected position of Chief of Police is also recommended, consistent with prior City Council action.

20.

Approval of a total compensation increase of 4.5% for Unclassified Fire Management (Unit 9B), which results in a 4.88% salary increase, effective the pay period beginning December 27, 2009.

21.

Approval of a 5% salary increase for Public Safety Non-Sworn Employees Association (Unit 10), effective the pay period beginning December 27, 2009.


 

22.

Authorization to work with the United States Postal Service (USPS) Office to modify the current survey of Santa Clara properties with San Jose 95117 address to change city and zip code designation to Santa Clara 95050 and to potentially remove business addresses along Stevens Creek Boulevard from the survey, if the United States Postal Service considers such a change feasible.

23.

Set January 12, 2010 for a Public Hearing to consider the appeal submitted by Chol Chong of the Planning Commission's denial of a Conditional Use Permit for the occupation of an existing 27,857 square foot industrial office building located at 3001 and 3208 Oakmead Village Drive (PLN2009-07682).

 

B.

Agreements

 

1.

Approval of Amendment No. 1 to the Agreement for Professional Services with Prodis Associates Architects, in an amount not to exceed $61,500, for the Parkway Park Restrooms Building and, in an amount not to exceed $8,000, for additional construction administration services for the Bracher Park Restrooms for a total Agreement amount not to exceed $109,700.

2.

Approval of Change Order No. 4 with Page Construction, Co., for a net increase of $37,681.37, for the Emergency Dispatch Relocation Project to allow construction of a trellis along the face of the building (CE 07-08-04).

3.

Approval of a Call Agreement with JACO Environmental and Call No. 10-1 for Professional Services, in an amount not to exceed $89,500, for the recycling of old and inefficient refrigerators, freezers and room air conditioners.

4.

Approval to execute an Agreement for Design Professional Services with Steinberg Architects, in an amount not to exceed $1,479,425, for the Northside Branch Library project.

5.

Approval of the Second Amended and Restated Exclusive Franchise Agreement for collection, transportation and disposal of refuse with Mission Trail Waste Systems, Inc. and all documents related to the Agreement, effective through December 30, 2021.

 

C.

Reports for Information and Possible Action

 

1.

Partial Acceptance of the work performed by Roebbelen Contracting, Inc. for the Santa Clara Convention Center Ballroom Expansion project (CE 07-08-03).

 


 

D.

Minutes to Note and File

 

1.

Board of Library Trustees - November 2, 2009.

2.

Cultural Advisory Commission - November 2, 2009.

3.

Cultural Advisory Commission - October 5, 2009.

4.

City-School Liaison Committee - October 23, 2009.

 

E.

Routine Written Petitions for Approval

 

1.

Santa Clara Lions Football Club: Request for matching Championship Team Funding, in the amount of $10,000, for travel to Orlando, Florida to compete in the 2009 National Pop Warner Championship December 2-13, 2009. Staff Recommendation: Approval subject to the execution of a Contribution Agreement.

 

8.

WRITTEN PETITION:

 

A.

Deborah Bress: Written Petition received on December 3, 2009.

 

9.

BOARDS AND COMMISSIONS FOR ACTION:

 

10.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

11.

PUBLIC PRESENTATIONS:

 

This item is reserved for persons to address the Council on any matter not on the agenda that is within the subject matter jurisdiction of the City. 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 staff, may briefly respond to statements made or questions posed, and the Council may request staff to report back at a subsequent meeting. Although not required, 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.

Authorization to submit an application, and related documents, for the Citizens Option for Public Safety (COPS) Grant for Fiscal Year 2009-10 for the purchase of communications equipment; approval of estimated revenue and appropriations in the amount of $100,000; and set January 12, 2010 for a Public Hearing to allow the public an opportunity to express views on the proposed use of the funds.

 

B.

Approval and appropriation of estimated revenue, in the amount of $3,000,000, and transfer of funds, in the amount of $4,800,000, for Recycled Water Distribution System Phase II, Group 3 projects and approval of unexpended appropriation to future fiscal years.

 

C.

Approval of appropriations for the U.S. Department of Energy's Energy Efficiency Conservation Block Grant (EECBG) Program for Federal American Recovery and Reinvestment Act 2009 (ARRA) funding.

 

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:

 

A.

Reports regarding conference attendance, if any.

 

B.

Mayor Mahan: Approval of the appointment of Dominic J. Caserta as Vice Mayor and Jaime L. Matthews as Chaplain for the 2010 calendar year .

 

C.

Mayor Mahan: Approval of the revised City Council Committees List for 2010 and request to fill the remaining vacancies.

 

15.

CITY MANAGER REPORTS:

 

16.

CLOSED SESSION MATTERS:

 

A.

Set Tuesday, January 12, 2010 at 6:30 pm for a Closed Session in the Council Conference Room for a Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 regarding 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) and for a Conference with Legal Counsel; Existing Litigation - Pursuant to Government Code Section 54956.9(a); Cedar Fair, L.P. v. City of Santa Clara, et al.; Santa Clara County Superior Court No. 109CV158836.

 

17.

ADJOURNMENT:

 

A.

To Tuesday evening, January 12, 2010 at 6:00 pm in the Reception Lobby Area for the Interviews to fill the vacancy on the Senior Advisory Commission and to 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.