CITY OF SANTA CLARA

www.santaclaraca.gov

 

CITY COUNCIL MEETING

 

AGENDA

 

October 28, 2008

 

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.

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)
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 #3 - IBEW Local 1245 (International Brotherhood of Electrical Workers)
Unit #4 - City of Santa Clara Professional Engineers
Units #5, 7 & 8 - City of Santa Clara Employees Association
Unit #6 - AFSCME Local 101 (American Federation of State, County and Municipal Employees)
Unit #9 - Miscellaneous Unclassified Management Employees
Unit #10 - PSNSEA (Public Safety Non-Sworn Employees Association)
and
Conference with Legal Counsel
Pursuant to Government Code Section 54956.9(b)
Anticipated Litigation - City as potential defendant in one case
One (1) (number of distinct cases or potential cases to be discussed)
and
Conference with Legal Counsel
Pursuant to Government Code Section 54956.9(a)
Existing Litigation - David Rodriguez v. City of Santa Clara Civil Service Commission Board of Review,
et al. California Court of Appeal, Sixth Appellate District Case No. H030557
(Santa Clara County Superior Court Case No. CV013374).

 

 

6:00 pm
Reception Lobby Area
Interviews to Fill up to Two Vacancies on the

Cultural Advisory Commission
and
Interviews to Fill One Vacancy on the

Historical and Landmarks Commission

 

 

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.

September 30, 2008.

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Presentation by the Silicon Valley Leadership Group regarding the 2008 Silicon Valley Turkey Trot - 5K Run/Walk and 10K Run scheduled for November 27, 2008.

 

B.

Appointment to Fill the Vacancies on the Cultural Advisory Commission for the Two Full Terms Ending June 30, 2012.

 

C.

Appointment to Fill a Vacancy on the Historical and Landmarks Commission for the Partial Term Ending June 30, 2011.

 

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.

Informational Memo:  Plastic and Other Single-Use Carryout Bags Restrictions Update.

 

C.

Proposed Roller Coaster at California's Great America:  Request for Council to find that there is not a significant noise intrusion within or adverse aesthetic impacts upon the nearby buildings and therefore deny the appeal and adopt a Resolution of findings that determines that the project is exempt from California Environmental Quality Act (CEQA) and approves the height variance for a 111-foot high roller coaster, subject to conditions of approval.

 

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 establishing a No Parking Zone for vehicles in excess of 20 feet in length and with three or more axles on the east side of Lawrence Station Road, south of Warburton Avenue.

2.

Approval to set the salary of newly-hired Assistant Planner II, Rachael Grossman, at Step 2 of the salary schedule.

3.

Approval to set the salary of newly-hired Police Officer, Colin Stewart, at Step 2, Salary Plan B, Grade 31.

4.

Approval for use of City Electric forces for the installation of facilities at 4051 Burton Drive.

5.

Approval and authorization to publish the proposed December 2008 Mission City SCENES.

6.

Adoption of a Resolution of Intention on consideration of granting an Exclusive Franchise Agreement for collection, transportation, and disposal of refuse; set November 25, 2008 for a Public Hearing to consider the exclusive franchise and authorization to publish the Notice of Public Hearing.

7.

Adoption of a Resolution of Intention to grant or renew eight (8) Non-Exclusive Franchise Agreements for the hauling of industrial refuse and recyclable material; set December 2, 2008 for a Public Hearing regarding the hauling franchise(s) and authorization to publish the Notice of Public Hearing.

 

B.

Agreements

 

1.

Approval of Amendment No. 2 to the Agreement with Compliance Services, Inc., to increase the contract amount by $100,000 to a total not to exceed amount of $415,000, to oversee five (5) digs on Department of Transportation gas pipeline located at the Donald Von Raesfeld (DVR) Power Plant.

 

 

 

2.

Approval of a Service Agreement with GEA Power Cooling, Inc., in an amount not to exceed $200,000, for Cooling Tower Drift Eliminator Replacement for the Donald Von Raesfeld (DVR) Power Plant.

3.

Approval of Call No. 08-5 with Milton Security Group, LLC, in an amount not to exceed $141,440, for a Project Manager to assist the System Support Division of the Electric Department.

4.

Approval of Amendment No. 1 to the Agreement with H.T. Harvey and Associates to increase the contract amount by $10,000 to a total not to exceed amount of $59,740 for the Wetland Mitigation at Ulistac Natural Area Project.

5.

Approval of Amendment No. 1 to the Agreement with APC International, Inc. to increase the contract amount by $43,000 to a total not to exceed amount of $92,420 for Construction Inspection/Management Services for the San Tomas Aquino/Saratoga Creek Trail, Reach 3.

6.

Approval of a Service Agreement with Clean Harbors Environmental Services, in an amount not to exceed $90,000 in Year 1 or $270,000 over the three-year term, to provide Household Hazardous Waste (HHW) Collection and disposal services.

7.

Approval of Call No. 08-2 with Adhara Systems, Inc., in an amount not to exceed $4,500, for preparation of a Budget Option Report for the pavement management system.

8.

Approval of the Fourth Amendment to the Affordable Housing Loan Agreement with Community Home Partners, LLC for the Pacific Gardens Senior Housing Project.

 

C.

Reports for Information and Possible Action

 

1.

Solid Waste Association of North America Gold Rush Chapter - Outstanding Public Agency Award and Municipal Member of the Year for 2007-08.

2.

Home Builders Association of Northern California Recognizes Stephanie Gutowski, Staff Analyst in the Housing and Community Services Division, for Support to the Home Building Industry.

3.

Status of General Plan Update and Steering Committee Meetings.

4.

Final Word Forum 2008 - November 3, 2008 at 7 pm in the City Hall Council Chambers.

5.

Announcement of the Completion of the Council Chambers Camera Systems Replacement Project.

 

D.

Minutes to Note and File

 

1.

Senior Advisory Commission - September 22, 2008.

 

E.

Routine Written Petitions for Approval

 

 

 

 

 

8.

ITEMS SET FOR HEARING:

 

[Planning Commission items not being appealed, or which are not related to an appeal, will be heard under BOARDS AND COMMISSIONS FOR ACTION.]  If you challenge a City Council land use decision in court, you may be limited to raising only those issues you or someone else raised at this hearing before the City Council or in written correspondence delivered to the City at, or prior to, the City Council hearing on the matter.  (California Government Code Section 65009)

 

A.

Approval of an Agreement and Covenant Running with the Land with Bernadette M. Delgado to construct and maintain a 3 foot 9 inch high iron fence and gate encroaching into the public right-of-way at 1375 Jefferson Street and authorization to Record the Agreement (APN 269-03-049; S.C. 18,315).

 

9.

BIDS AND PROPOSALS:

 

A.

Award of Contract to Tennyson Electric, Inc., in the amount of $474,855, for the San Tomas Aquino/Saratoga Creek Trail - Monroe Street At-Grade Crossing and authorization to execute change orders, which in the aggregate do not exceed $47,485 (CE 07-08-01).

 

10.

BOARDS AND COMMISSIONS FOR ACTION:

 

A.

Minutes of the Planning Commission for the meeting of October 8, 2008:  Request to note and file.

 

1.

Item 8C:  2250 El Camino Real - Approval of a Time Extension of Planned Development (PD) zoning to allow construction of 45 dwelling units as part of a four-story residential development condominium project with podium parking, subject to conditions (APN 290-10-072) [PLN2008-07285 - Gregory Malley].
* Staff recommendation: Set November 18, 2008 for a Public Hearing to consider approval of the time extension.

 

B.

International Exchange Commission - October 7, 2008: Request to note and file.
* Recommendation to authorize the City to extend an official invitation to Ireland's President Mary McAleese who will tour the Bay Area in December 2008.
* Recommendation to support Wilcox High School's upcoming request for support from the Championship Team Fund for the band's trip to Limerick, Ireland, in March 2009. Staff Recommendation: Refer to the City Manager.

 

11.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

 

 

 

 

 

12.

PUBLIC PRESENTATIONS:

 

This portion of the meeting is reserved for persons desiring to address the Council on any matter not on the agenda.  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 its staff, may briefly respond to statements made or questions posed and may request the City Manager to report back at a subsequent meeting.  Please submit to the City Clerk your name and subject matter on forms available by the door in the Council Chambers.

 

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.

 

15.

CITY MANAGER REPORTS:

 

16.

CLOSED SESSION MATTERS:

 

17.

Set November 18, 2008 at 5:00 pm for a Closed Session in the Council Conference Room for a 1) 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 2) 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 #3 - IBEW Local 1245 (International Brotherhood of Electrical Workers), Unit #4 - City of Santa Clara Professional Engineers, Units #5, 7 & 8 - City of Santa Clara Employees Association, Unit #6 - AFSCME Local 101 (American Federation of State, County and Municipal Employees), Unit #9 - Miscellaneous Unclassified Management Employees and Unit #10 - PSNSEA (Public Safety Non-Sworn Employees Association).

 

18.

ADJOURNMENT:

 

A.

To Tuesday, November 18, 2008 at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.