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 25, 2008

 

 

5:00 pm

Closed Session

Council Conference Room

Personnel Matters
Pursuant to Government Code Section 54957(b)(1)
Evaluation of a public employee - City Manager
[NO REPORTABLE ACTION]
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 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 agreement)
[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 #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)
[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.

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

 

3.

APPROVAL OF MINUTES:

 

A.

October 28, 2008.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

B.

November 6, 2008 - Special Meeting.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Presentation by Ronimarie Maslyar, formerly a student at Santa Clara High School, as presented previously to the Santa Clara Unified School District district-wide meeting to kick off the school year.

 

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.

Approval of amended City Council Minutes of November 16, 2004 to reflect that Council Member Caserta abstained on the Council vote relating to Mills Act Contract issues.

 

• 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.

Note and file the Departmental Activity Report for the month of September 2008.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

2.

Approval of the request to allow Saul Lopez, Electric Department Power Trader, and Carol Ohara, Electric Department Senior Power System Scheduler/Trader, to accrue over the maximum vacation hours without penalty.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

3.

Approval of the request to allow Jay Sheth, Senior Electric Utility Engineer, to accrue over the maximum vacation hours without penalty.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

4.

Approval for the use of City Electric forces for the installation of facilities at 442 Aldo Avenue, 174 Harold Avenue, 2001 Walsh Avenue, 375 Los Padres Boulevard and 2855 Stevens Creek Boulevard.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

5.

Approval of the Bicycle Advisory Committee revised Policy Guidelines which create staggered membership terms and the reappointment of Jennifer Rodriguez and appointment of Edwin Maurer, effective January 1, 2009 and expiring December 31, 2011 and Chad Brower to serve out the remaining portion of the term which expires on December 31, 2009, to fill the three current vacancies on the Committee.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works


 

6.

Adoption of a Resolution ordering the vacation of an Underground Electric Easement and an Overhead and Underground Electric Easement to Digital 1500 Space Park Borrower, LLC; and authorization to record the Resolution (APN 224-08-121; S.C. 18,332).

 

• ACTION:

Adopted Resolution No. 08-7573

 

• ASSIGNMENT:

Dir. Public Works

7.

Adoption of a Resolution establishing a Disabled Parking zone in front of 251 Washington Street.

 

• ACTION:

Adopted Resolution No. 08-7574

 

• ASSIGNMENT:

Dir. Public Works

8.

Approval of the publication of the proposed February 2009 Mission City SCENES.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Senior Staff Aide

 

B.

Agreements

 

C.

Reports for Information and Possible Action

 

1.

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

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

2.

Report of Proclamations Issued to Individuals with 30 or more Years of Service: Bruce C. Puphal, Driver/Engineer, Fire Department.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

3.

Solid Waste Association of North America - Distinguished Service Award to Director of Streets & Automotive Services, Richard J. Mauck.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

D.

Minutes to Note and File

 

1.

Senior Advisory Commission - October 27, 2008.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

2.

Board of Library Trustees - October 6, 2008.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

 

E.

Routine Written Petitions for Approval

 

1.

Adrian Wilcox High School Marching Band: Request for $9,633 in matching Championship Team Trust Fund funding for travel to Limerick, Ireland to compete in the Limerick International Band Competition March 9-18, 2009. Staff Recommendation: Approval subject to the execution of a Contribution Agreement with the Santa Clara Unified School District.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Senior Staff Aide

2.

Santa Clara First Baptist Church, 3111 Benton Street: Request for a Special Permit to allow for an outdoor pageant from December 11-15, 2008 (PLN2008-07390). Staff Recommendation: Approval subject to conditions.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

 

8.

BOARDS AND COMMISSIONS FOR ACTION:

 

A.

Planning Commission Minutes of November 12, 2008: Request to note and file.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

1.

Item 9: 1270 Campbell Avenue - Certify a Mitigated Negative Declaration and Rezone a .58 acre parcel from Light Industrial (ML) to Planned Development (PD) to allow construction of a new 259 multi-family residential unit infill project located on property within the jurisdictions of Santa Clara and San Jose (PLN2008-07068). * Staff Recommendation: Uphold the Planning Commission recommendation to adopt a Resolution to adopt the Mitigated Negative Declaration, Rezone Land Use Designation from Light Industrial (ML) to Planned Development (PD), approve the Development Plan and Conditions of Approval, adopt a Mitigation Monitoring and Reporting Plan and approve a Memorandum of Understanding with the City of San Jose for the property.

 

• ACTION:

Upheld Planning Commission Recommendation and adopted Resolution No. 08-7575 and approved MOU with the City of San Jose.

 

• ASSIGNMENT:

Dir. Planning

 

9.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

 

 

 

 

10.

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.

 

11.

REPORTS FOR COUNCIL ACTION:

 

A.

Acceptance of the Justice Assistance Grant, in the amount of $324,040, from the National Institute of Justice for using DNA to solve cold cases in Santa Clara and approval of estimated revenues and appropriations of the funds and rollover of unexpended appropriation to future fiscal years.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Chief of Police

 

12.

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

 

13.

REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

 

A.

Reports regarding conference attendance, if any.

 

14.

CITY MANAGER REPORTS:

 

A.

Noted Distinguished Service Award to Richard J. Mauck, Director of Streets & Automotive Services, from the Solid Waste Association of North America.

 


 

15.

CLOSED SESSION MATTERS:

 

A.

Set December 2, 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 (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, Unit #5, 7 & 8 - City of Santa Clara Employees Association, Unit #6 - AFSCME Local 101 (American Federation of State, County of Municipal Employees), Unit #9 - Miscellaneous Unclassified Management Employees and Unit #10 - PSNSEA (Public Safety Non-Sworn Employees Association).

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Attorney

 

16.

ADJOURNMENT:

 

A.

In Memory of Joseph DeLozier (business owner in Santa Clara for over 50 years) and Frank Geochio (resident of Santa Clara) to Tuesday evening, December 2, 2008 at 5:00 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.