SUMMARY OF ACTIONS TAKEN BY

CITY OF SANTA CLARA CITY COUNCIL

THIS DOCUMENT IS PREPARED AS A SUMMARY ONLY AND IS NOT INTENDED TO BE AN OFFICIAL RECORD OF CITY COUNCIL ACTIONS. THE OFFICIAL MINUTES OF EACH MEETING ARE AVAILABLE IN THE CLERK’S OFFICE APPROXIMATELY THREE WEEKS FOLLOWING THE MEETING.

 

 

November 24, 2009

 

 

5:30 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)
[NO REPORTABLE ACTION]
and
Personnel Matters
Pursuant to Government Code Section 54957(b)(1)
Evaluation of performance of a public employee - City Manager
[NO REPORTABLE ACTION]

 

 

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:

 

A.

Council Members: Caserta, Kennedy, Kornder, Matthews, McLeod and Moore and Mayor Mahan.


 

3.

APPROVAL OF MINUTES:

 

A.

October 27, 2009.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

4.

CONTINUANCE/EXCEPTIONS:

 

A.

Withdrawal of appeal, submitted by Arnaud J. Le Hors, of Planning Commission's decision to deny appeal of Architectural Committee's approval for addition and remodel of existing single-family home located at 97 Kellogg Way, residence of Jerald Josepus and Deborah Ong [PLN2008-07388].

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Recognition of Patrick Driscoll from the Senior Advisory Commission and Promotion of the Vacancy to Serve on the Commission.

 

B.

Recognition of Rod Diridon, Jr., City Clerk, for his Achievement in becoming a Master Municipal Clerk (MMC) and presentation of a Certificate of Exceptional Professional Achievement by the City Clerk's Association of California (CCAC).

 

C.

Presentation by Recology about New Single-Stream Curbside Recycling Program.

 

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.

Adoption of a Resolution denying petition requesting that staff process a Special Permit to allow operation of Yellow Cab, Co. Peninsula, Inc. maintenance yard to allow the storage and repair of surplus and disabled taxi cabs at property located at 3362 El Camino Real, Santa Clara (Applicant Jasraj Bhatia [Bikram Singh]).

 

• ACTION:

Approved the Special Permit, subject to conditions.

 

• ASSIGNMENT:

Dir. Planning


 

C.

Timeline of Activities Related to the Football Stadium Ballot Measure (proposed San Francisco 49ers stadium).

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

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.

Acceptance of a donation from Fairfield Residential LLC of an El Camino Real bell and approval of placement at the Geof Goodfellow Park and authorization to transmit a letter of appreciation.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

2.

Acceptance of the Monthly Financial Status Reports for September 2009.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

3.

Adoption of a Resolution establishing a Disabled Parking zone in front of 2331 William Drive.

 

• ACTION:

Adopted Resolution No. 09-7673.

 

• ASSIGNMENT:

Dir. Public Works

4.

Adoption of a Resolution establishing a Loading zone on the north side of Parker Street, east of Lafayette Street.

 

• ACTION:

Adopted Resolution No. 09-7674.

 

• ASSIGNMENT:

Dir. Public Works

5.

Adoption of a Resolution establishing a No Stopping, Standing, or Parking at Any Time zone on the west side of Lafayette Street from the north curb line of Martin Avenue to a point 210 feet north.

 

• ACTION:

Adopted Resolution No. 09-7675.

 

• ASSIGNMENT:

Dir. Public Works

6.

Adoption of a Resolution establishing a Disabled Parking zone in front of 2325 Monroe Street.

 

• ACTION:

Adopted Resolution No. 09-7676.

 

• ASSIGNMENT:

Dir. Public Works

7.

Adoption of a Resolution supporting Extended Producer Responsibility (EPR) and authorization to transmit a Pledge of Support to the California Product Stewardship Council (CPSC).

 

• ACTION:

Adopted Resolution No. 09-7677.

 

• ASSIGNMENT:

Dir. Streets

8.

Pass to Print an Ordinance repealing Chapter 13.10 (Sewers) of Title 13 (Public Services) of "The Code of the City of Santa Clara, California," and adopting a new Chapter 13.10 (Sewers) of Title 13 (Public Services) regarding Sewers to effect changes mandated by the State Water Resources Control Board (SWRCB) and Regional Water Quality Control Board (RWQCB).

 

• ACTION:

Passed to print Ordinance No. 1853.

 

• ASSIGNMENT:

Dir. Water

9.

Adoption of Ordinance No. 1849, amending Sections 9.05.010 and 9.05.020 of Chapter 9.05 (In General) of Title 9 (Public Peace, Morals and Welfare) of "The Code of the City of Santa Clara, California" to clarify the possible penalties for violation.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Attorney

 

B.

Agreements

 

1.

Approval of Amendment No. 1 to the Agreement with Dyett and Bhatia to remove the preparation of the Administrative Draft, Draft, and Final Program Environmental Impact Report (EIR) for the 2010-2035 General Plan Update and 2011 Zoning Ordinance Revision Addendum; and approval to re-appropriate $223,000 to David J. Powers and Associates, Inc. for these services.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

2.

Approval of Amendment No. 1 to the Agreement with David J. Powers and Associates, Inc., in an amount not to exceed $308,000, to prepare the Administrative Draft, Draft, and Final Program Environmental Impact Report (EIR) for the 2010-2035 General Plan Update and 2011 Zoning Ordinance Revision; and approval to re-appropriate $223,000 from the Dyett and Bhatia contract to cover the cost for these services.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

3.

Approval of an Agreement for the Performance of Services with ACS Enterprise Solutions, Inc., in an amount not to exceed $200,000 for a period not to extend beyond June 30, 2010, for transition consulting services.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Information Technology

4.

Approval of a Contract Maintenance Agreement with ABTECH Support, in an amount not to exceed $59,580, for hardware maintenance support services.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Information Technology


5.

Approval (retroactive) of the Fifth Amendment to the Agreement with Compass Group USA, Inc., which extends the term of the Agreement for an additional 12 month period, commencing on July 1, 2009 and modifies the meal rate to $4.202 per meal, for catering the nutrition meals at the Senior Center.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Parks

6.

Approval of a Call Agreement for Consulting Services and Call No. 09-1 with Bob Parkins Consulting, in an amount not to exceed $34,940, for solar consulting services for the landfill site and the Jenny Strand Solar Project.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

7.

Approval of a Call Agreement for Professional Services with NMP Communications, Inc.; Call No. 09-1 in an amount not to exceed $325,080 for fiber optic outside plant engineering services; Call No. 09-2 in an amount not to exceed $327,960 for fiber optic outside plant construction services; and Call No 09-3 in an amount not to exceed $143,760 for engineering and construction management services in support of fiber lease for the Santa Clara Unified School District, for a total amount not to exceed $796,800.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

8.

Approval of a Call Agreement for Utility Detection Services with Subtronic Corporation and Call No. 09-1, in an amount not to exceed $8,100, for Underground Utility Detection Services at the Mission Substation at Mission College Boulevard west of Great America Parkway.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

 

C.

Reports for Information and Possible Action

 

1.

Ribbon Cutting Ceremony for the City of Santa Clara Closed Municipal Landfill Gas-to-Energy Plant.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

2.

Results of HOME Investment Partnerships Program Monitoring by the U.S. Department of Housing and Urban Development (HUD).

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

3.

2009-2010 Budget Brochure.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk


4.

City Council Committee List for Council Review.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

D.

Minutes to Note and File

 

1.

Youth Commission Minutes - October 13, 2009.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

E.

Routine Written Petitions for Approval

 

1.

David Alves, J&G Trees, 2931 El Camino Real: Request for a Special Permit for a Christmas Tree sales lot from 8 am - 10 pm, Monday - Sunday from November 27, 2009 - December 24, 2009 (PLN2009-07899, APN 220-21-080). Staff Recommendation: Approval subject to conditions.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

 

8.

WRITTEN PETITION:

 

A.

Kirk Vartan, A Slice of New York - 3443 Stevens Creek Boulevard, San Jose, 95117:  Request to keep the 95117 area code as part of the City of San Jose for business customers.

 

1.

Staff Recommendation:
Approval to request the United States Postal Service (USPS) to stop the potential ZIP code change consideration for locations in Santa Clara with a ZIP code of 95117 (San Jose) to a ZIP code of 95050 (Santa Clara); approval to notify businesses and residents about the mixed response of the initial USPS survey;  approval to research potential costs, if any, associated with a zip code change; approval to provide additional information/outreach to businesses and residents; and approval to possibly submit a new zip code boundary change request in 2010, modified to exclude those addresses along Stevens Creek Boulevard, for implementation in 2011, if approved by a majority of survey respondents
  OR
Approval to proceed with the proposed address change for the entire area including business and residential addresses, since a majority of survey responses were in favor of the change.

 

• ACTION:

Approved to proceed with the proposed address change for the entire area including business and residential addresses.

 

• ASSIGNMENT:

City Manager

 

9.

BOARDS AND COMMISSIONS FOR ACTION:

 

A.

Historical and Landmarks Commission Minutes of August 6, 2009:  Request to note and file.
* Recommendation to approve a Mills Act Contract for the property located at 791 Monroe Street (PLN2009-07666).

 

• ACTION:

Approved Commission Recommendations and noted and filed the Minutes.

 

• ASSIGNMENT:

Dir. Planning

 

B.

Senior Advisory Commission Minutes of October 22, 2009:  Request to note and file.
* Recommendation to hire certified fitness trainer(s) to work up to 40 hours per week at the Senior Center Fitness Center; allocate a budget of up to $60,000 per year to cover the costs for the trainers and approve that there be no charge for the use of the Senior Center Fitness Center.

 

1.

Staff Recommendation: 
Approval of an annual participant registration fee of $50 for certified recreation staff at the Senior Center Fitness Center; a financial assistance program to be developed for seniors unable to pay for fitness center participation registration; and approval and appropriation of the estimated revenue of $175,000 for Fiscal Year 2009-10
  OR
Approval of no fees to be charged for use of the Senior Center Fitness Center and approval of additional appropriations, in the amount of $60,000 for Fiscal Year 2009-10, for program expenditures.

 

• ACTION:

Noted and filed the Minutes and referred additional items to the City Manager.

 

• ASSIGNMENT:

 

 

City Manager

 

 

Dir. Parks

 

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.

 

A.

Chuck Seymour: Positive comments regarding the new recycling bins.

 

B.

Bert Smith: Concerns regarding democracy in Santa Clara.

 

12.

REPORTS FOR COUNCIL ACTION:

 

A.

Approval of an Amendment to the Aboveground Petroleum Storage Act Grant Agreement for implementation and administration of the Aboveground Petroleum Storage Tank Program; authorization to execute all documents related to the Amendment and approval and appropriation of estimated revenue increase of $3,016.58.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Fire Chief

 

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.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

 

14.

REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

 

A.

Reports regarding conference attendance, if any.

 

B.

Mayor Mahan: Comments regarding review of the Council Committee List and noted that the annual Holiday Tree Lighting would be held December 4, 2009 and the Historical Home Tour would be held December 4-5, 2009.

 

15.

CITY MANAGER REPORTS:

 

16.

CLOSED SESSION MATTERS:

 

17.

ADJOURNMENT:

 

A.

To Tuesday evening, December 8, 2009 at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.