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.

 

 

September 20, 2011

 

 

 

5:30 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)

[NO REPORTABLE ACTION]
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 Agency Labor Negotiator
Pursuant to Government Code Section 54957.6
City Negotiator:  Jennifer Sparacino, City Manager (or her designee)
Employee Organization(s):
Unit #10 - Public Safety Non-Sworn Employees Association (PSNSEA)
[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 Gillmor, Kennedy, Kolstad, Mahan and Moore and Mayor Matthews. Absent: Council Member McLeod (excused).

 

3.

APPROVAL OF MINUTES:

 

A.

August 16, 2011.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

B.

August 23, 2011 - Special Meeting.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

C.

August 30, 2011.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Recognition of Santa Clara Residents, Dan and Lorraine McCarthy for Placing Best of Show from the Prestigious Orange County Home Wine Makers Competition.

 

B.

Promotion of a vacancy on the Cultural Advisory Commission.

 

C.

Promotion of two vacancies on the Parks and Recreation Commission.

 

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.

Written Petition - Elena Fernandez, Luxor Real Estate Group on behalf of clients Michael and Cynthia Dowd:  Request for approval to allow a short sale of residence located at 835 Bing Drive, Unit 35.  Staff recommendation:  Approval of a policy for the First Time Home Buyer (FTHB) Program clients which requires mortgage counseling to obtain an action plan from a Department of Housing and Urban Development (HUD) certified counseling agency prior to requesting the approval of a short sale; note and file the written petition; and recommend Mr. and Mrs. Dowd to consult with a HUD certified mortgage counselor to identify options for their mortgage default situation.

 

• ACTION:

Approved Staff Recommendations.

 

• ASSIGNMENT:

Housing and Comm Services Div.

 

C.

Adoption of a Resolution approving and authorizing the execution of the Agency Transfer Payment Agreement with the Redevelopment Agency pursuant to Part 1.9 of the Redevelopment Law which provides the City with a funding source to make the annual remittance payments to the County Auditor-Controller required by the City's participation in the Alternative Voluntary Redevelopment Program.

 

• ACTION:

Adopted Resolution No. 11-7880.

 

• ASSIGNMENT:

Dir. Finance

 

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.

Approval for the use of City Water Utility forces for the water main connection at 870 Comstock Street.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Water

2.

Note and file the Departmental Activity Report for the month of July 2011.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

3.

Approval of Partial Acceptance for the work performed by K.J. Woods Construction, Inc. on the Walsh Avenue Sanitary Sewer and Recycled Water Improvements Project and authorization to record the Notice of Partial Completion with the County Recorder (CE 07-08-11).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

 

 

 

4.

Approval to issue payment to the Triton Museum of Art, in the amount of $1,120, for the interest income earned from the Warburton Native American Heritage Trust Fund during Fiscal Year 2010-11.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

5.

Approval and authorization to publish the November 2011 Mission City SCENES.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

6.

Approval of the use of City Electric forces for the installation of facilities at 2583 Benton Street and the northeast corner of Bowers Avenue and Union Pacific Railroad (UPRR) Right-of-Way.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

7.

Adoption of a Resolution repealing Section 2.b of Resolution No. 6994 which established a parking zone in front of 2648 Agate Court and repealing Resolution No. 6397 which established a disabled parking zone in front of 1426 Block Drive.

 

• ACTION:

Adopted Resolution No. 11-7881.

 

• ASSIGNMENT:

Dir. Public Works

8.

Adoption of a Resolution ordering the vacation of a sanitary sewer easement located at 2350 Walsh Avenue and authorization to record the Resolution with the County Recorder [APN 224-11-063 (2010-11)].

 

• ACTION:

Adopted Resolution No. 11-7882.

 

• ASSIGNMENT:

Dir. Public Works

9.

Approval of the Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2010-11 for the Community Development Block Grant (CDBG) and Home Investment Partnerships Act programs and authorization to submit the CAPER to the United States Department of Housing and Urban Development (HUD). 

 

• ACTION:

Approved

 

• ASSIGNMENT:

Housing and Comm Services Div.

10.

Adoption of recommended positions regarding the League of California Cities 2011 Annual Conference Resolutions and authorization for the City's voting delegate to cast votes at the Conference to reflect the positions as adopted by the Council.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

 

 

 

 

B.

Agreements

 

1.

Approval to add the property at 1236 Jackson Street to the City's Architecturally or Historically Significant Properties List and approval of a Historic Property Preservation Agreement (Mills Act Contract) with Timothy A. Harper (PLN2011-08718).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

2.

Approval of Amendment No. 2 to Call No. 09-1 for Professional Services with Willdan Energy Solutions dba Intergy Corporation, at no additional cost, to extend the term for the retrocommissioning Third Party Energy Efficiency Program to June 30, 2012.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

3.

Approval of a Hardware and Software Maintenance Agreement with Innovative Interfaces, in an amount not to exceed $65,736, for maintenance of licensed software and hardware at Central Park Library.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Librarian

4.

Approval of an Agreement for the Performance of Services with Syserco, Inc., in an amount not to exceed $72,212, for the Police Department Energy Reduction Project.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

5.

Approval of an Agreement for the Performance of Services with Nalco Company, in an amount not to exceed $116,666.66 per year for a total not to exceed amount of $350,000, to provide water treatment services for the Donald Von Raesfeld (DVR) Power Plant .

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

6.

Approval of an Agreement for the Performance of Services with Nalco Company, in an amount not to exceed $33,333.33 per year for a total not to exceed amount of $100,000, to provide water treatment services for the Cogeneration (CoGen) Power Plant.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

7.

Approval of an Agreement for the Performance of Services with Dub's Construction Company, in an amount not to exceed $81,900, for the removal of a water tower and pole barn roof located on the Benicia Ranch Property.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

 

 

 

 

8.

Approval of Call No. 11-2 for Professional Services with NexLevel Information Technology, Inc., in an amount not to exceed $713,700, for consulting services for program management for the advanced metering and utility communication infrastructure implementation program.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

9.

Approval of an Agreement for Services with New River Electrical Corporation, in an amount not to exceed $100,000 for Fiscal Year 2011-12 for a total not to exceed amount of $300,000, for maintenance and emergency response to underground electric transmission equipment.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

10.

Approval of a Call Agreement and Call No. 11-1 for Professional Services with The Cadmus Group, Inc., in an amount not to exceed $75,000, to provide third party evaluation, measurement and verification services for Fiscal Year 2010-11 energy efficiency programs.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

11.

Approval of an Electric Service Agreement with Xeres Ventures, LLC for the sale of electricity at a discounted rate in exchange for a long term commitment to purchase electrical energy from Silicon Valley Power (SVP) beyond the year 2011.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

12.

Approval of Call No. 11-3 for Professional Services with NexLevel Information Technology, Inc., in an amount not to exceed $51,880, to provide utility management consulting services.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

13.

Approval of an Electric Service Agreement with Oracle America, Inc. for the sale of electricity at a discounted rate in exchange for a long term commitment to purchase electrical energy beyond the year 2011.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

14.

Approval of Amendment No. 1 to Call No. 10-7 for Professional Services with MTH Engineers, Inc., at no additional cost to the City, to extend the term for the drawing design review for De La Cruz Junction control building and switchgear to June 30, 2012.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

 

C.

Reports for Information and Possible Action

 

D.

Minutes to Note and File

 

1.

City Council Economic Development Committee - August 22, 2011.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

E.

Routine Written Petitions for Approval

 

1.

Joe Ohama, Tektronix - 2575 Augustine Drive:  Request for a Special Permit to allow a 30' x 15' foot temporary campaign banner to be located on the building facing southeast towards Highway 101 from September 21, 2011 - October 21, 2011.  Staff recommendation:  Approval, subject to conditions (PLN2011-08832).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

2.

Danny Thomas Party, Kaiser Permanente Hospital - 710 Lawrence Expressway:  Request for a Special Permit to conduct an Employee and Family Fall Festival from September 23, 2011 - September 25, 2011 in the parking lot.  Staff recommendation:  Approval, subject to conditions (PLN2011-08847).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

3.

Hobin Kim, Silicon Valley Korean Federation - 3521 Homestead Road:  Request for a Special Permit to allow a Korean Moon Festival event in the Super Kyo-Po Plaza parking lot on September 10, 2011.  Staff recommendation:  Approval (retroactive), subject to conditions (PLN2011-08855).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

 

8.

BOARDS AND COMMISSIONS FOR ACTION:

 

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.

 

A.

Ronnie Canez: Comments of concern regarding costs to hold Simply AA Meetings at the Machado Park building.

 

• ACTION:

By Council consensus, referred to the City Manager.

 

• ASSIGNMENT:

City Manager

 

B.

David Jensen: Comments of concern regarding the wellbeing of the Westwood Oaks Neighborhood in regards to the proposed Apple site in Cupertino.

 

• ACTION:

By Council consensus, referred to the City Manager.

 

• ASSIGNMENT:

City Manager

 

11.

REPORTS FOR COUNCIL ACTION:

 

A.

Boy Scouts of America, Santa Clara County Council - 1111 Bellomy Street (Buchser Middle School Townsend Field):  Request to allow BB gun shooting and archery at the Wild West Roundup event on October 15, 2011.  Staff recommendation:  Approval, subject to the following conditions 1)  obtain permission from the Santa Clara Unified School District (SCUSD) to use Townsend Field for the event; 2)  obtain insurance as required by SCUSD; 3)  obtain insurance as required by the City of Santa Clara; and 4)  ensure that all supervision, instruction and safety policies in the "Shooting Sports for Cub Scouting" manual are strictly followed to mitigate any inherent danger.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Chief of Police

 

B.

Approval of a Transportation Fund for Clean Air (TFCA) Agreement Fiscal Year 2011-12 with the Santa Clara Valley Transportation Authority (VTA) Congestion Management Program for grants relating to the design and construction of the Stevens Creek Boulevard colorized bicycle lanes and traffic signals improvements on El Camino Real, Scott Boulevard and De La Cruz Boulevard; approval of appropriations and estimated revenue in the amount of $1,227,328.29; approval of matching funds in the amount of $493,671 and rollover of unexpended appropriations to future fiscal years.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

 

 

 

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.

 

B.

Council Member Kolstad: Commented on the recent visit by Assembly Member Luis Alejo and his support of the City.  Commented on the recent visit of Mayors from Peoples Republic of China who toured the Donald Von Raesfeld (DVR) Power Plant.  Commented on the defeat of Assembly Bill (AB) 1391.

 

C.

Mayor Matthews: Comments regarding attendance at local events, including: August 27, 2011 - Rotary Anniversary Dinner Proclamation Presentation; September 10, 2011 - Korean-American Festival Greeting; September 11, 2011 - 9/11 Remembrance Ceremony; September 12, 2011 - National Pastors' & Workers' Conference Greeting; September 15, 2011 - San Jose/Silicon Valley Chamber of Commerce Board of Directors - update on City of Santa Clara; September 16, 2011 - Meet the new SCUSD Superintendent - Bobbie Plough.

 

14.

CITY MANAGER REPORTS:

 

A.

Reported on Cedar Fair Entertainment’s potential sale of Great America to JMA Ventures, LLC.

 

15.

CLOSED SESSION MATTERS:

 

A.

Set September 27, 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 Agency Labor Negotiator Pursuant to Government Code Section 54957.6; City Negotiator: Jennifer Sparacino, City Manager (or her designee); Employee Organization(s): Unit #10 - Public Safety Non-Sworn Employees Association (PSNSEA); Conference with Legal Counsel; (Anticipated Litigation) - Pursuant to Government Code Section 54956.9(b)(1); (Facts and Circumstances) - Pursuant to Government Code Section 54956.9(b)(3)(C); City as potential defendant: June 2, 2011, letter from Robert Rubin of Lawyers Committee for Civil Rights of the San Francisco Bay Area, regarding the City's election system and Conference with Legal Counsel: (Anticipated Litigation) - Pursuant to Government Code Section 54956.9(b)(1); (Facts and Circumstances) - Pursuant to Government Code Section 54956.9(b)(3)(C); City as potential defendant: City of Santa Clara Claim File No. 09102.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Attorney

 

16.

ADJOURNMENT:

 

A.

In Memory of Ralph William Emmett (long time Santa Clara resident and father-in-law to retired City employee, Ron Enos, Water & Sewer Department) to Tuesday evening, September 27, 2011 at 5:30 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.