MINUTES OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA
FOR MEETING HELD ON TUESDAY EVENING, MARCH 9, 2010

 

 

     The City Council of the City of Santa Clara met at 7:01 pm for the regular scheduled meeting in the City Hall Council Chambers. The meeting was opened with the recitation of the Pledge of Allegiance and the reading of an Invocation Prayer.

 

     Present:  Council Members Dominic J. Caserta, Will Kennedy, Joe Kornder, Jamie L. Matthews, Jamie McLeod and Kevin Moore and Mayor Patricia M. Mahan.

 

     Staff present:  City Manager, Assistant City Manager, Director of Planning and Inspection, Director of Public Works/City Engineer, Interim City Attorney and City Clerk/Auditor.

 

 

 

     The Council proceeded to consider the Minutes of January 26, 2010. Council Member McLeod clarified that her affirmative vote on the motions related to the proposed San Francisco stadium were in favor due to the associated legal requirements of calling an election. MOTION was made by Caserta, seconded and unanimously carried, that the Minutes for the meetings of January 26, 2010 and February 9, 2010 be adopted as written.

 

 

 

     Mayor Mahan reviewed the Behavioral Standards for Public Meetings as adopted by Council on January 12, 2010 (electronic presentation).  

 

 

 

     Deborah Bress addressed the Council requesting continuance of the agenda items related to the proposed San Francisco 49ers agendized as Unfinished Business on this evening’s agenda. No Council action was taken.

 

 

 

     Joint Council and Redevelopment Agency Public Hearing: The Mayor/Chairperson declared the hearing open for consideration of adoption of a Resolution adopting findings concerning significant environmental impacts, mitigation measures and alternatives, a Statement of Overriding Considerations, and a Mitigated 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) and adoption of a Resolution adopting General Plan Amendment No. 72 to change the text of the Tourist Commercial designation of the Land Use Element and for adoption of an Agency Resolution adopting findings concerning significant environmental impacts, mitigation measures and alternatives, a Statement of Overriding considerations, and a Mitigation Monitoring Program related to the adoption of Amendment No. 20 to the Bayshore North Redevelopment Plan; adoption of an Agency Resolution recommending adoption of Amendment No. 20 to the Bayshore North Redevelopment Plan; and request to direct the City Manager to draft an Ordinance to adopt Amendment No. 20 to the Bayshore North Redevelopment Plan.

The City Manager/Executive Director introduced the items and outlined the actions for consideration during this evening’s meeting (electronic presentation). She reiterated that even with the proposed recommended actions, the development and construction of the stadium would not be approved. Approval of the development and construction of the stadium will be subject to the June election and, if passed, other various actions. The Director of Planning and Inspection reviewed his memos (03/01/10 and 03/02/10) and gave an electronic presentation. The City Manager/Executive Director reviewed next steps for the project and staff recommendations. The Director of Planning and Inspection, Karen Tiedemann, Redevelopment Agency attorney, and the City Manager/Executive Director answered Council/Agency questions. Elisabeth (Lisa) Lang, Vice President of Communications for the San Francisco 49ers, addressed the Council/Agency and responded to Council/Agency questions. The following people addressed the Council/Agency in favor of the proposed actions: Pat Kolstad (Santa Clarans for Economic Progress), James Rowen, Anna Strauss, Fred Santillan (Co-President of the Santa Clara Booster Club, The Gold Rushers), Marithza Rugg, Tammy Lujan, Josue Garcia, Warren Barry, Joe Corona (Laborers Local 270), Niloy Banerjee, Jacob Davis, Ed Reyes (Ironworkers Local 377), Brian Lowery and Patty Atherton. The following people addressed the Council/Agency in opposition to the proposed actions: Erlinda Anne Estrada (provided handout),  Bill Bailey (Santa Clara Plays Fair - provided handout) and Deborah Bress. The Council/Agency received an email from Katherine Avila (03/09/10) in opposition to the proposed football stadium. With no further public comment, MOTION was made by Caserta, seconded and unanimously carried, that the Council/Agency close the public hearing. A Council/Agency discussion followed. MOTION was then made by Matthews, seconded and carried with Kennedy and McLeod dissenting, that the Council, pursuant to the Planning Commission’s recommendation, adopt Resolution No. 10-7700 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, 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), SANTA CLARA” which adopts the California Environmental Quality Act (CEQA) Findings, a Mitigation Monitoring or Reporting Program and a Statement of Overriding Considerations for the 49ers Santa Clara Stadium Project (CEQ2008-01060) and  Resolution No. 10-7701 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT NO. 72 TO CHANGE THE TEXT OF THE TOURIST COMMERCIAL DESIGNATION OF THE LAND USE ELEMENT” which adopts the findings approving General Plan Amendment No. 72 amending text of the Tourist Commercial Land Use designation within the Land Use Element of the General Plan. MOTION was then made by Matthews, seconded and carried with Kennedy and McLeod dissenting, that the Agency adopt Resolution No. 10-4(RA) entitled, “A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA CLARA, CALIFORNIA, ACTING AS A RESPONSIBLE AGENCY ADOPTING FINDINGS CONCERNING SIGNIFICANT ENVIRONMENTAL IMPACTS, MITIGATION MEASURES AND ALTERNATIVES; A STATEMENT OF OVERRIDING CONSIDERATIONS; AND A MITIGATION MONITORING PROGRAM RELATED TO THE ADOPTION OF AMENDMENT NO. 20 OF THE BAYSHORE NORTH REDEVELOPMENT PLAN” which adopts the findings concerning significant environmental impacts, mitigation measures and alternatives, a Statement of Overriding Considerations and a Mitigation Monitoring or Reporting Program for the 49ers Santa Clara Stadium Project as a Responsible Agency (CEQ2008-01060); that the Agency adopt Resolution No. 10-5(RA) entitled, “A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA CLARA, CALIFORNIA, RECOMMENDING ADOPTION OF THE AMENDMENT NO. 20 TO THE REDEVELOPMENT PLAN (THE "PLAN AMENDMENT") FOR THE BAYSHORE NORTH PROJECT” which recommends adoption of Amendment No. 20 to the Bayshore North Redevelopment Plan; and that the Council direct the City Manager to prepare an Ordinance to adopt Amendment No. 20 to the Bayshore North Redevelopment Plan. The Council/Agency duly noted and filed the Director of Planning and Inspection’s memo (03/09/10) entitled, “Schedule A of City Noise Ordinance, SCCC [Santa Clara City Code] Section 09.10.040.”

 

 

 

     PUBLIC HEARING: Also as an item of Unfinished Business, Council proceeded to consider Chol Chong’s, representing San Jose Korean Presbyterian Church - 3028 and 3001 Oakmead Village Drive, request to reconsider Council's action of January 12, 2010 adopting Resolution No. 10-7690 which denies the applicant's request for a Conditional Use Permit to allow the use of an existing industrial building for a place of assembly (PLN2009-07682). The City Manager introduced the item and the Director of Planning and Inspection reviewed his memo (03/04/10) and gave an electronic presentation. The Director of Planning and Inspection then answered Council questions. A Council discussion followed. Chol Chong addressed the Council (provided handout) with information supporting his reconsideration request and seeking a continuance for up to six months while the Council establishes a policy for assembly uses. Herb Field, real estate consultant representing the applicant, addressed the Council in favor of issuing the Conditional Use Permit. The following people addressed the Council in opposition to reconsideration and the proposed continuance: Richard Otte (electronic presentation and provided handout), Richard Truempler (The Sobrato Organization), George Lavre, Russ Johnson and Charles Leader (Microsemi Corporation). A Council discussion followed. MOTION was made by Matthews, seconded and unanimously carried, that the Council continue the public hearing to consider Chol Chong’s, representing San Jose Korean Presbyterian Church - 3028 and 3001 Oakmead Village Drive, request to reconsider Council's action of January 12, 2010 adopting Resolution No. 10-7690 which denies the applicant's request for a Conditional Use Permit to allow the use of an existing industrial building for a place of assembly (PLN2009-07682) for approximately six months to develop a consistent policy for assembly uses and refer the matter to the Mission City 21 Committee for review. By Council consensus, this evening’s discussion and the development of a moratorium was referred to the City Manager.

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (03/02/10), the Council approve the use of City Electric forces for the installation of facilities at the Palm and Agnew Substations and 336 Martin Avenue.

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried, that, per the Director of Finances’ memo (03/02/10), the Council accept the Santa Clara Convention Center and Convention/Visitor’s Bureau (SCCC-CVB) Activity Report for Fiscal Year 2009-10 Second Quarter Year-to-Date as submitted by the Santa Clara Chamber of Commerce and Convention/Visitor’s Bureau.

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried, that, per the Director of Parks and Recreation’s memo (02/23/10), the Council accept the donation from Margaret and Merritt Benson, in the amount of $100, to help support the Fitness Program at the Senior Center and authorize the transmittal of a letter appreciation signed by the Mayor and City Manager.  

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/18/10), the Council approve joining the Bay Area Climate Change Collaborative and authorize the City Manager to sign the Membership Charter.

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/11/10), the Council approve the ten year goals for energy efficiency as required by Assembly Bill 2021 (AB 2021) and determined by the Market Potential identified in the Summit Blue potential study.

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (03/02/10), the Council adopt Resolution No. 10-7702 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, ORDERING THE VACATION OF AN  EMERGENCY ACCESS EASEMENT  LOCATED AT 3090 RAYMOND STREET [APN 224-08-146 (2009-10)]” which orders the vacation of an Emergency Access Easement at 3090 Raymond Street to Digital 1350 Duane, LLC and authorize the recordation with the County Recorder (APN 224-08-146; S.C. 18,407).

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried, that, per the Director of Finances’ memo (03/02/10), the Council accept the City of Santa Clara Single Audit Report prepared by the City’s independent auditor Vavrinek, Trine, Day & Co., LLP for fiscal year ended June 30, 2009 as previously recommended by the Council Audit Committee.

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/11/10), the Council approve, and authorize the City Manager to execute, Call No. 10-1 for Professional Services with Subtronic Corporation, in an amount not to exceed $8,100, for Underground Utility Detection Services for Mission Substation at Mission College Boulevard, west of Great America Parkway.

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (01/11/10), the Council approve, and authorize the City Manager to execute, an Agreement for Services with ABB, Inc., in an amount of $135,500, to provide continued maintenance and support for the Silicon Valley Power (SVP) Electric Supervisory Control and Data Acquisition (SCADA) System.

 

 

     MOTION was made by Matthews, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/09/10), the Council approve, and authorize the City Manager to execute, Call No. 10-1 for Professional Services with Telvent Miner & Miner, Inc., in an amount not to exceed, $150,000, for miscellaneous software and data services.

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/09/10), the Council approve, and authorize the City Manager to execute, Call No. 10-1 for Professional Services with Electrical Distribution Design, Inc., in an amount not to exceed $225,000, for engineering services to integrate data and build an electrical distribution system model.

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/16/10), the Council approve, and authorize the City Manager to execute, a Call Agreement with R.W. Beck, Inc. and Call No. 10-1 for Professional Services, in an amount not to exceed $68,575, for Fiber Enterprise consulting services.

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried, that, per the Director of Streets & Automotive Services’ memo (02/22/10), the Council approve, and authorize the City Manager to execute, Call No. 10-1 for Professional Services with Kenneth D. Schmidt and Associates, in an amount not to exceed $6,000, to prepare the annual groundwater report for the All Purpose Landfill.

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried, that the Council note and file the following Informational Memos:  “Water Pollution Control Plant Master Plan Community Advisory Group and Community Workshop Meetings to be held in Santa Clara” (Public Communications Manager – 03/03/10) and “Santa Clara Proposal to Google Request for Information for Ultra High-Speed Internet Demonstration Pilot Project” (Director of Information Technology and Director of Electric Utility – 03/02/10).   

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried, that the Council note and file the Minutes of the Parks and Recreation Commission for the meeting of January 19, 2010.

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried, that the Council note and file the Minutes of the Senior Advisory Commission for the meeting of January 23, 2010.

 

 

     MOTION was made by Matthews, seconded and unanimously carried, that the Council note and file the Minutes of the Board of Library Trustees for the meeting of February 1, 2010.

 

 

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried, that, per the Director of Planning and Inspection’s memo (03/02/10), the Council approve the Special Permit request submitted by Desiree Jackson for Northern California Convention of Narcotics Anonymous (NCCNA) to allow a one-day bingo event at 5101 Great America Parkway (PLN2010-08020) on April 2, 2010 from 10:00 am to 12:00 am, subject to the following conditions:  1)  This Special Permit shall be valid on April 2, 2010 only; 2)  The applicant shall comply with all Zoning Ordinance regulations regarding temporary and permanent structures and obtain all necessary permits; 3)  There shall be no tents or other temporary structures used in conjunction with the business; 4)  Applicant shall apply for a Business Tax Certificate and pay the required fees to the City Municipal Services Division; 5)  The hours of operation shall be 10:00 am to 12:00 am,         Friday, April 2, 2010 and 6)  The applicant shall obtain temporary sign permits for all temporary signs advertising the business if applying.  

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried, that, per the Senior Staff Aide’s memo (01/26/10), the Council approve Wilcox High School Dance Team’s request for Championship Team Funding, in the amount of $2,064 in matching funds to travel to Anaheim, California to compete in the USA High School Spirit National Championship March 26-28, 2010 and authorize the City Manager to execute a Contribution Agreement with the Santa Clara Unified School District.

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried, that, per the Senior Staff Aide’s memo (02/16/10), the Council approve Santa Clara High School Spirit Squad’s request for Championship Team Funding, in the amount of $1,389 in matching funds to travel to Anaheim, California to compete in the USA High School Spirit National Championship March 25-28, 2010 and authorize the City Manager to execute a Contribution Agreement with the Santa Clara Unified School District.

 

 

 

     PUBLIC HEARING:  The Mayor declared the Public Hearing open for consideration of the City’s Five Year Consolidated Plan and allocation of Fiscal Year 2010-11 Community Development Block Grant (CDBG) and HOME Investment Partnerships Act (HOME) Entitlement Funds. Brian Lowery, representing the Santa Clara Citizens Advisory Committee (CAC), and Glorian Quigley, representing Heart of the Valley, addressed the Council in favor of the proposed allocations. With no further public comment, MOTION was made by Caserta, seconded and unanimously carried, to close the public hearing.  MOTION was then made by Caserta, seconded and unanimously carried, that, per the Housing & Community Services Division Manager’s memo (03/01/10), the Council approve the allocation of: a) Fiscal Year 2010-11 Community Development Block Grant entitlement funds, including $38,400 from Fiscal Year 2010-11 Program Income and $225,000 from Unallocated Appropriations-CDBG; b) Fiscal Year 2010-11 Home Investment Partnerships Act entitlement funds, including $290,000 from Unallocated Appropriations-HOME; c) $25,008 from the City Affordable Housing Fund to supplement CDBG public services; authorize the City Manager, based on actual Fiscal Year 2010-11 CDBG and HOME entitlement grants to the City of Santa Clara, to adjust the individual appropriation amounts according to the established formula; authorize the City Manager to prepare the 5-Year Consolidated Plan and 1-Year Annual Plan for Fiscal Year 2010-11 for the use of CDBG and HOME funds to be presented to City Council for approval prior to submission of the Plan to the U.S. Department of Housing & Urban Development (HUD) by the due date of May 15, 2010; and refer to the Redevelopment Agency consideration to fund proposed housing services projects from the Redevelopment Agency Affordable Housing Fund.

 

 

 

     PUBLIC HEARING:  The Mayor declared the Public Hearing open for consideration of a Resolution authorizing the City to join the CaliforniaFirst program.  With no public comment, MOTION was made by McLeod, seconded and unanimously carried, to close the public hearing.  MOTION was then made by Caserta, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (03/03/10), the Council adopt Resolution No. 10-7703 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, AUTHORIZING THE CITY OF SANTA CLARA TO JOIN THE CALIFORNIAFIRST PROGRAM; AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE CITY OF SANTA CLARA; AND AUTHORIZING RELATED ACTIONS” which will authorize the City of Santa Clara to join the CaliforniaFIRST program; authorize the California Statewide Communities Development Authority to accept applications from property owners, conduct contractual assessment proceedings and levy contractual assessments within the territory of the City of Santa Clara and authorize the City Manager to execute any related documents.

 

 

 

 

 

 

 

 

     The Council proceeded to consider the Housing and Community Services Division Manager’s memo (02/25/10) regarding approval to set a public hearing to review and approve the 2010-15 Five Year Consolidated Plan and 2010-11 One Year Annual Plan regarding the use of Community Development (CDBG) and HOME Investment Partnerships Act (HOME) funds.  Deborah Bress addressed the Council requesting clarification on staff’s recommendation.  The City Manager reviewed the memo. MOTION was made by Caserta, seconded and unanimously carried (Moore absent – temporarily stepped off dais), that the Council set         May 11, 2010 as the date of a public hearing to review and approve the City’s Five Year Consolidated Plan for the period of 2010-2015 and One Year Annual Plan for Program Year 2010-11, regarding the use of Community Development (CDBG) and HOME Investment Partnerships Act (HOME) Funds and authorize the publication of the Notice of Public Hearing and Availability for Public Review of the Five Year Consolidated Plan and One Year Annual Plan and Final Statement of Objectives and Proposed Uses of CDBG and HOME Entitlement Funds.

 

 

 

     The Council proceeded to consider the Senior Staff Aide’s memo (03/02/10) regarding the approval and authorization to publish the May 2010 Mission City SCENES. Deborah Bress expressed comments of concern.  MOTION was made by Caserta, seconded and unanimously carried (Moore absent – temporarily stepped of dais), that the Council approve and authorize the publication of the May 2010 Mission City SCENES.

 

 

 

     The Council proceeded to consider the Director of Public Works/City Engineer’s memo (03/02/10) regarding the adoption of a Resolution approving the Amendment to the Joint Powers Agreement for administration of the Santa Clara County Congestion Management Program. Deborah Bress expressed comments of concern.  Christopher Moylan, on behalf of the City of Sunnyvale, spoke in opposition of adopting the proposed  Resolution. A  Council discussion followed.  Mr. Moylan answered Council questions.  MOTION was made by Matthews, seconded and carried with McLeod dissenting, that the Council adopt Resolution No. 10-7704 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, APPROVING AN AMENDMENT TO A JOINT POWERS AGREEMENT FOR THE SANTA CLARA COUNTY CONGESTION MANAGEMENT PROGRAM TO REVISE THE SELECTION METHOD FOR MEMBERS OF THE BOARD OF DIRECTORS OF THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY” which approves the Joint Powers Agreement for the administration of Santa Clara County Congestion Management Program to revise the selection method for members of the Board of Directors of the Santa Clara Valley Transportation Authority (VTA) and authorizes the City Manager to execute the Amendment to the Joint Powers Agreement.

 

     The Council proceeded to consider the Director of Electric Utility’s memo (02/18/10) regarding the approval of an Agreement for the Performance of Services with Mark Crissman, Sole Proprietor, dba Pipe Rite Systems.  Deborah Bress expressed comments of concern.  The City Manager responded to Ms. Bress’ comments.  MOTION was made by Caserta, seconded and unanimously carried, that the Council approve and authorize the City Manager to execute an Agreement for the Performance of Services with Mark Crissman, Sole Proprietor, dba Pipe Rite Systems, in an amount not to exceed $500,000, to provide millwright and welding services.

 

 

 

     The Council proceeded to review the Director of Public Works/City Engineer’s memo (02/22/10) regarding the Bicycle Advisory Committee recommendation to use light colored aggregate in slurry seal for city streets. Council Member Kennedy provided a summary of the memo.  MOTION was made by Moore, seconded and unanimously carried that the Council note and file the informational memo.

 

 

 

     Under Public Presentations, Deborah Bress addressed the Council with general comments of concern.

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (03/02/10), the Council approve appropriations, in an amount not to exceed $102,500, in the Pruneridge Ave Bike Lanes Transportation Development Act (TDA) 2009-12 Project (account 533-4433-80300-1345) and estimated revenue from the TDA grant funds (account 533-4433-55580-1345) and approve appropriations, in the amount of $112,138, in the Bicycle and Pedestrian Improvements TDA 2009-12 Project (account 533-4433-80300-1346) and estimated revenue from the TDA grant funds (account 533-4433-55580-1346).

 

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Human Resources’ memo (03/03/10), the Council approve, and authorize the City Manager to execute, Amendment No. 1 to the Legal Services Agreement with Meyers, Nave, Riback, Silver & Wilson, an amount not to exceed $120,000, for the continued employment of Elizabeth (Libby) Silver, Attorney at Law, for legal services related to her role as Interim City Attorney and approve a transfer of appropriations, in the amount of $100,000, from the City Attorney’s Office Salary & Wages (account 001-2411-87010) to the City Attorney’s Office Contractual Services (account 001-2411-87870).

 

 

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried, that the Council approve the Bills and Claims and Progress Payments.

 

 

 

     Council Member Kornder made a verbal report regarding his attendance at the American Public Power Association (APPA) Legislative Workshop & Rally and Northern California Power Agency (NCPA) meetings February 21-25, 2010 (provided written report).

 

 

 

     The Interim City Attorney stated that the Council did not hold a Closed Session with regard to 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) as was agendized. The Council also did not hold a Closed Session with regard to 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 as was agendized.

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried, that per the Interim City Attorney’s memo (03/05/10), the Council set Tuesday, March 30, 2010 at 6:00 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.

 

 

 

 

 

 

 

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried, that there being no further business, the meeting was adjourned at 10:49 pm In Memory of Lynne Reichhold (long time Santa Clara resident), Jason M. Silva (brother to Council Member Caserta), Americo Lopes (father to Ric Lopes, Parks and Recreation Department), John DeShera (father to John Stewart DeShera, Parks and Recreation Department), and Margaret Johnson (long time Santa Clara resident) to Tuesday evening, March 23, 2010 at 5:30 pm for a Special Joint Meeting with the Planning Commission and General Plan Steering Committee in the City Hall Council Chambers and to Tuesday evening, March 30, 2010 at 6:00 pm for a Closed Session in the Council Conference Room and to 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.

 

 

 

 ATTEST:  ________________________

                     City Clerk

 

APPROVE: ________________________

                     Mayor