CITY OF SANTA CLARA

www.santaclaraca.gov

 

CITY COUNCIL MEETING

 

AGENDA

 

April 20, 2010

 

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.


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
and
Conference with Legal Counsel
(Anticipated Litigation)
Pursuant to Government Code Section 54956.9(b)
City as potential defendant:
1 (number of distinct cases or potential cases to be discussed)
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 and 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 Employees
Unit # 9B - Unclassified Fire Management Employees
Unit # 10 - Public Safety Non-Sworn Employees Association (PSNSEA)

 

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.

March 9, 2010.

 

B.

March 23, 2010 - Special Joint Meeting.

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Recognition of Graphic Packaging International as part of the City's Business Recognition Program for services provided since 1957.

 

B.

Recognition of the Santa Clara Lions Football Club for their outstanding season and winning the 2009 Peninsula Pop Warner League Championship.

 

C.

Presentation regarding the Mineta San Jose International Airport Non-Terminal Area Improvement 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.

Proposed San Francisco 49ers:

 

1.

Adoption of Ordinance No. 1855 approving and adopting the proposed Amendment No. 20 to the Redevelopment Plan for the Bayshore North Project, which provides the Agency and the City of Santa Clara Community with the ability to complete the Redevelopment program in and for the benefit of the Project Area through expansions in the land use designations to accommodate stadium uses.

 

C.

Fiscal Year 2010-11 Budget Status Update.

 

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 a Resolution declaring a temporary restriction and control of animals at the Santa Clara All City Picnic and Fireworks Spectacular on July 4, 2010 at Central Park.

2.

Acceptance of the donation from Shirley A. Saddoris, in the amount of $100, to help support the Senior Center Case Management Program and authorization to transmit a letter of appreciation.

3.

Set May 25, 2010 for a Public Hearing on the proposed Fiscal Year 2010-11 retail water rates for potable and recycled water and the proposed sewer service and use charges.

4.

Adoption of a Resolution ordering the vacation of a portion of an overhead and underground electric easement located at 2901 Coronado Drive to CRP Coronado Stender, LLC and authorize the recordation of the Resolution with the County Recorder (APN 216-29-110; SC 18,359).

5.

Adoption of a Resolution adopting the City of Santa Clara Bicycle Plan Update 2009 and authorization to pursue appropriate actions for implementation of the Plan.

6.

Approval of the Stipulations with Request for Award to settle the claims for injuries Martin Revallier, retired Police Officer, sustained on October 20, 2003 and cumulatively through September 4, 2007 and September 9, 2008 (Claims 881532, 1171035, 1306644).

7.

Approval of the plans and specifications for the Lafayette Street/Reeve Street Pedestrian Crosswalk Warning System; authorization to make minor modifications, if necessary; and authorization to advertise for bids (CE 09-10-03).

8.

Pass to print an Ordinance repealing Chapter 10.35 "Bicycles" of Title 10 "Vehicles and Traffic" of the City Code which discontinues the City's current subsidy of the bicycle licensing program.

9.

Approval and authorization to publish the June 2010 Mission City SCENES.

10.

Adoption of a Resolution of Intention to order that the alternative method for the levy of benefit assessment be made applicable to Parking Maintenance District No. 122; set June 15, 2010 for a Public Hearing regarding the costs of operating and maintaining the property and improvements; and authorization to publish the Notice of Public Hearing.


 

11.

Authorization to not protest Santa Clara Valley Water District's Groundwater Production Charge for Fiscal Year 2010-11 which maintains the current $520 per acre-foot charge to the City.

12.

Adoption of a Resolution Ordering the Summary of Vacation of a portion of public right-of-way fronting 2979 Lafayette Street, east of Lafayette Street to become effective after owners have complied with conditions and authorization to record the Resolution with the County Recorder (APN 224-36-016, SC 18,410).

13.

Adoption of a Resolution of Intention to order that the alternative method for the levy of benefit assessment be made applicable to the Santa Clara Convention Center Complex Maintenance District No. 183 for Fiscal Year 2010-11; set June 15, 2010 for the public hearing regarding the costs of operating and maintaining the property and improvements; and authorization to publish the Notice of Public Hearing.

14.

Note and file the Departmental Activity Report for the month of February 2010.

15.

Acceptance of a donation from Thomas Freitas and Woodshop Participants, in an amount of $403, for woodshop at the Senior Center and authorization to transmit a letter of appreciation.

16.

Acceptance of a donation from the Santa Clara Swim Club of ten (10) new Omega OSB11 starting blocks, parts and equipment valued at $32,150 to replace old and worn equipment used by the Club, City programs and sanctioned competition at the George F. Haines International Swim Center and authorization to transmit a letter of appreciation.

17.

Approval of a donation from Ralph and Jean Foster, in an amount of $2,900, to help toward the purchase of a new saw for woodshop at the Senior Center and authorization to submit a letter of appreciation.

18.

Acceptance of a donation from the Santa Clara Elks Lodge, in an amount of $200, to help fund the 2010 Easter Egg Hunt and authorization to transmit a letter of appreciation.

19.

Adoption of a Resolution establishing a Passenger Loading and Unloading zone and No Parking or Stopping zone, on the west side of Main Street, north of Warburton Avenue.

20.

Approval of the revised job description for Principal Financial Analyst.

21.

Adoption of a Resolution establishing a No Stopping, Standing or Parking at Any Time zone, on the north side of Lafayette Alley, east of Lafayette Street.

22.

Set May 25, 2010 for a Public Hearing for adoption of a Resolution to adjust the rates charged for collection and disposal of garbage, Clean Green, Refuse, Recycling Services, Annual Clean-up Campaign, and Household Hazardous Waste in the residential, institutional, and commercial property zoned areas and authorization to publish the Notice of Public Hearing.


 

23.

Acceptance of the resignation of Rain Eterno from the Cultural Advisory Commission; declare a vacancy for the partial term ending June 30, 2012; set April 27, 2010 for the promotion of the vacancy; set June 9, 2010 at 5:00 pm for the deadline for receipt of applications and set interviews for June 15, 2010 at 6:00 pm.

24.

Reappointment of Commission members for the term ending June 30, 2014; declare vacancies on the Board of Library Trustees, Historical and Landmarks Commission and Parks and Recreation Commission; set April 27, 2010 for the promotion of openings on the board and commissions; set June 9, 2010 and June 23, 2010 at 5:00 pm for the deadline for receipt of applications; set interview dates on June 15, 2010 and June 29, 2010 at 6:00 pm; and set June 29, 2010 for a Special Order of Business for an appreciation presentation.

 

B.

Agreements

 

1.

Approval to renew the Agreement for Countywide Household Hazardous Waste Collection Program (CoHHWP) with the County of Santa Clara which enables Santa Clara residents to use any of the scheduled drop-off events to properly dispose of their hazardous waste.

2.

Approval to renew the Agency Agreement for Countywide Assembly Bill 939 (AB 939) Implementation Fee with the County of Santa Clara which authorizes the County to continue to collect and distribute a landfill disposal fee on behalf of the City.

3.

Note and file Change Order No. 3 between the Redevelopment Agency and Tennyson Electric, Inc., for a net increase not to exceed $188,702.78, for the San Tomas Aquino/Saratoga Creek Trail - Monroe Street At-Grade Crossing Project to modify the installation of underground electric ducts under San Tomas Expressway (CE 07-08-01).

4.

Approval of the Seventh Amendment to the Agreement for Engineering, Construction and Construction Services with the City of San Jose for implementation of portions of the South Bay Water Recycling Project (SBWRP).

5.

Approval of the Affordable Housing Agreement with BRE Properties, Inc. and all related documents regarding the provision of twenty-seven (27) Below Market Rate apartments to satisfy a condition of approval for the Villa Granada Apartment Project at Lawrence Expressway and Granada Avenue.

 

C.

Reports for Information and Possible Action

 

1.

Invitation - Arbor Day/Earth Day Celebration Friday, April 23, 2010 at 10 am at the Triton Museum Grounds (1505 Warburton Avenue).

2.

Governor Signs transportation funding bills ABX8 6 and ABX8 9, which contain the main provisions for the  "gas tax swap" proposal and SB 70, which is a clean-up measure to ABX8 6.

 

D.

Minutes to Note and File

 

1.

Board of Library Trustees - March 1, 2010.

2.

International Exchange Commission - March 2, 2010.

3.

Parks and Recreation Commission - February 16, 2010.

4.

Senior Advisory Commission - February 22, 2010.

5.

Cultural Advisory Commission - December 7, 2009.

6.

Cultural Advisory Commission - February 1, 2010.

 

E.

Routine Written Petitions for Approval

 

1.

Santa Clara Kiwanis Club: Request to use the City Hall Reflection Pond for the Annual Fish Derby on April 24, 2010. Staff Recommendation: Approval subject to the execution of a Contribution Agreement, in an amount not to exceed $1,000, to defray the costs of this community event.

 

8.

BOARDS AND COMMISSIONS FOR ACTION:

 

A.

Informational Memo: Historical and Landmarks Commission proposed budget request for Fiscal Year 2010-11.

 

9.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

10.

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.

 

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.

 

12.

REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

 

A.

Reports regarding conference attendance, if any.

 

13.

CITY MANAGER REPORTS:

 


 

14.

CLOSED SESSION MATTERS:

 

A.

Set Tuesday, April 27, 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; 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).

 

15.

ADJOURNMENT:

 

A.

To Tuesday evening, April 27, 2010 at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.