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 01, 2011

 

 

5:00 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)
[NOT HELD]
and
Conference with Real Property Negotiator
Pursuant to Government Code Section 54956.8
Property:  APN 104-43-030
Negotiating Party(ies):  Santa Clara Stadium Authority 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)
[NOT HELD]
and
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 JMA Ventures, LLC
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
Conference with Agency Labor Negotiator
Pursuant to Government Code Section 54957.6
City Negotiator:  Jennifer Sparacino, City Manager (or her designee)
Employee Organization(s):
Unit #1 - Santa Clara Firefighters Association, IAFF, Local 1171
Unit #2 - Santa Clara Police Officer's Association
Unit #3 - International Brotherhood of Electrical Workers (IBEW) Local 1245
Unit #4 - City of Santa Clara Professional Engineers
Units #5, 7 & 8 - City of Santa Clara Employees Association
Unit #6 - American Federation of State, County and Municipal Employees (AFSCME) Local 101
Unit #9 - Miscellaneous Unclassified Management Employees
Unit #9A - Unclassified Police Management Employees
Unit #9B - Unclassified Fire Management Employees
Unit #10 - Public Safety Non-Sworn Employees Association (PSNSEA)
[NOT HELD]
and
6:00 PM
Reception Lobby Area
adjacent to the City Clerk's Office
Parks and Recreation Commission Interviews
to fill two full term vacancies ending June 30, 2015



 

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.

Present:  Council Members Gillmor, Kennedy, Kolstad, Mahan, McLeod and Moore and Mayor Matthews.

 

3.

CONTINUANCE/EXCEPTIONS:

 

A.

Reschedule to January 24, 2012 at 6:00 pm the interviews to fill one vacancy for the full term ending June 30, 2015 on the Cultural Advisory Commission and set January 18, 2012 at 5:00 pm as the deadline for the receipt of applications.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Clerk

 

4.

SPECIAL ORDER OF BUSINESS:

 

A.

Recognition of outgoing Senior Advisory Commissioner, Foster Lopes.

 

B.

Promotion of the upcoming Historic Home Tour and presentation of a donation check to the Historic Home Tour Committee.

 

C.

Presentation of proceeds from the 2011 Santa Clara Art and Wine Festival to local charities.

 

 

 

 

D.

Appointment of two applicants to fill the vacancies on the Parks and Recreation Commission for the full term ending June 30, 2015.

 

• ACTION:

Appointed Charles "Chuck" Blair and Tino Silva.

 

• ASSIGNMENT:

City Clerk

 

E.

Presentation of a 375,000 square foot office campus development at 5403 and 5405 Stevens Creek Boulevard by Peery-Arrillaga Developers.

 

5.

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.

Informational Memo:  Tree Removal at 900 Kiely Boulevard (former Kaiser Hospital site) for the Gallery at Central Park Project - PR II Kiely Boulevard LLC/Fairfield Residential, LLC.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

C.

Set November 15, 2011 as a Special Order of Business to provide information regarding the sale of California's Great America Theme Park from Cedar Fair Entertainment Company to JMA Ventures, LLC.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

 

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.

Acceptance of an elliptical exercise machine from Mike and Linda Gallagher for use in the fire station and authorization to transmit a letter of appreciation.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Fire Chief

2.

Adoption of a Resolution granting a certain portion of real property owned by the City of Santa Clara located at 1 Great America Parkway to the City of Santa Clara for use as an underground electric easement [APN 104-42-014 and 019 (2010-11) SC 18,493].

 

• ACTION:

Adopted Resolution No. 11-7884.

 

• ASSIGNMENT:

Dir. Public Works

 

3.

Acceptance of a donation from the Santa Clara Rotary Cup, in the amount of $1,000, to help support the 2011 Wade Brummal Foundation and authorization to transmit a letter of appreciation.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Parks

4.

Pass to print an Ordinance amending Section 10.05.470 (Use of Streets for Storage and Vehicles Prohibited) of Chapter 10.05 (Motor Vehicle and Traffic Regulations) of Title 10 (Vehicles and Traffic) of the City Code to define substantial movement of a vehicle.

 

• ACTION:

Passed to print Ordinance No. 1893.

 

• ASSIGNMENT:

City Attorney

5.

Acceptance of the work performed by Mountain Cascade, Inc. for the Industrial 3A - Package 3 Recycled Water Pipeline and fiber optic conduit crossing at Central Expressway and US Highway 101 and authorize the recordation of a Notice of Completion with the County Recorder.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

 

 

Dir. Water

6.

Adoption of a Resolution of intention to grant or renew non-exclusive franchise agreements for non-exclusive hauling of industrial refuse and recyclables; set December 6, 2011 for a Public Hearing regarding the granting or renewal of the agreements; and authorization to publish the Notice of Public Hearing.

 

• ACTION:

Adopted Resolution No. 11-7885.

 

• ASSIGNMENT:

Dir. Streets

 

B.

Agreements

 

1.

Approval of an Agreement and Covenant Running with the Land with Si 30, LLC to defer the installation of City standard sidewalk along the frontage of 2421 Mission College Boulevard and authorization to record the Agreement with the County Recorder (APN 104-41-032; SC 18,512).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

2.

Approval of a Fiber Lease Agreement with 360networks, (USA) Inc. for long term dark fiber optics.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

3.

Approval of Call No. 11-1 for Professional Services with SAIC Energy, Environmental & Infrastructure, LLC, in an amount not to exceed $69,950, to provide fiber optic consulting services.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

 

 

4.

Approval of an Agreement for the Performance of Services with Council on Aging Silicon Valley, in an amount not to exceed $36,514, for 1,200 hours of case management services at the Senior Center.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Parks

 

C.

Reports for Information and Possible Action

 

1.

California Public Utilities Commission (CPUC) decision regarding changes to the 408 area code.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

2.

Assembly Bill 341 (AB 341) (Chesbro) - Statewide Commercial Recycling and New Policy Goal of Diverting 75 Percent of Solid Waste Generated by the Year 2020.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

D.

Minutes to Note and File

 

1.

Planning Commission - September 28, 2011.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

E.

Routine Written Petitions for Approval

 

7.

BOARDS AND COMMISSIONS FOR ACTION:

 

8.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

9.

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.

Kevin Park:  Comments of concern regarding the time limit allowed during public presentations.

 

 

 

 

 

 

 


10.

REPORTS FOR COUNCIL ACTION:

 

A.

Acceptance and appropriation of estimated revenue in grant funds from Kaiser Permanente, in the amount of $16,980.85, for support of the Health and Wellness Collection at the Santa Clara City Library and approval of unexpended appropriations to be re-appropriated each fiscal year over the life of the grant.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Librarian

 

11.

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

 

12.

REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

 

A.

Reports regarding conference attendance, if any.

 

1.

Council Member McLeod:  Comments regarding recent attendance at the Recycling and Waste Reduction Commission of Santa Clara County (RWRC) meeting and the regional policy recommendation the Commission is supporting regarding the ban of poly styrofoam with food products.

 

2.

Council Member Moore:  Comments regarding a recent tour of the Lodi Energy Center.

 

3.

Council Member Gillmor:  Comments regarding a recent tour of the Lodi Energy Center.

 

4.

Council Member Kennedy:  Comments regarding recent attendance at the Santa Clara Valley Water Commission (SCVW) meeting and the consideration of the Commission’s proposed Ordinance for water wastage.

 

13.

CITY MANAGER REPORTS:

 


 

14.

CLOSED SESSION MATTERS:

 

A.

Set November 15, 2011 at 5:30 pm for a Closed Session in the Council Conference Room for a Conference with Real Property Negotiator; pursuant to Government Code Section 54956.8; 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); Conference with Real Property Negotiator; pursuant to Government Code Section 54956.8; Property:  APN 104-43-030; Negotiating Party(ies):  Santa Clara Stadium Authority 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); 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 JMA Ventures, LLC; 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 Agency Labor Negotiator; pursuant to Government Code Section 54957.6; City Negotiator:  Jennifer Sparacino, City Manager (or her designee); Employee Organization(s):  Unit #1 - Santa Clara Firefighters Association, IAFF, Local 1171; Unit #2 - Santa Clara Police Officer's Association; Unit #3 - International Brotherhood of Electrical Workers (IBEW) Local 1245; Unit #4 - City of Santa Clara Professional Engineers; Units #5, 7 & 8 - City of Santa Clara Employees Association; Unit #6 - American Federation of State, County and Municipal Employees (AFSCME) Local 101; Unit #9 - Miscellaneous Unclassified Management Employees; Unit #9A - Unclassified Police Management Employees; Unit # 9B - Unclassified Fire Management Employees
Unit #10 - Public Safety Non-Sworn Employees Association (PSNSEA).

 

• ACTION:

Approved as amended to begin at 5:00 pm.

 

• ASSIGNMENT:

City Attorney

 


 

15.

ADJOURNMENT:

 

A.

In Memory of Carol Ragsdale (retired Sutter Elementary School teacher with 45 years of service), Monte Schenken (part of the management team at Owens Corning and served on several department head interview panels for the City), Graciano Garza (father to retired City employee, Maria Garza, Office Specialist to the City Council) and Norma Ferguson (wife to retired City employee, Manny Ferguson, Police Chief) to Wednesday evening, November 2, 2011 at 5:30 pm for a Closed Session in the Building Inspection - Permit Center Conference Room (West Wing of City Hall) and Tuesday evening, November 15, 2011 at 5:00 pm for a Closed Session in the Council Conference Room, 6:00 pm for Interviews to fill vacancies on the Senior Advisory Commission and Housing Rehabilitation Loan Committee in the Lobby Reception  area adjacent to the City Clerk's office and to 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.