CITY OF SANTA CLARA

www.santaclaraca.gov

 

CITY COUNCIL MEETING

 

AGENDA

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.

 

July 13, 2010

 

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 #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:

 

A.

Request to excuse Vice-Mayor Caserta.

 

3.

APPROVAL OF MINUTES:

 

A.

June 15, 2010.

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Acceptance of the donation of a World War II vehicle from Mary Esther Ramirez, in memory of her husband Salvador Ramirez, and authorization to approve a Vehicle Lease Agreement with James Lee, representing the Santa Clara Veterans Committee, for display of the vehicle at community events.

 

B.

Acceptance of the resignation of Peter Yoon from the International Exchange Commission effective immediately; declaration and promotion of the vacancy on the Commission for the partial term ending June 30, 2011; and set the deadline for submittal of applications for this vacancy on Wednesday, August 25, 2010 at 5:00 pm and the interviewing of applicants on Tuesday, August 31, 2010 at 6:00 pm in the Reception Lobby Area.

 

C.

Acceptance of the Third Quarter Status Report for 2009-2011 Council Principles and Priorities and set the next quarterly status report for the October 26, 2010 Council meeting.

 

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 stadium:

 

1.

Adoption of a Resolution reciting the fact of the Special Municipal Election held on June 8, 2010, declaring the enactment by the voters of Measure J, "The Santa Clara Stadium Taxpayer Protection and Economic Progress Act", and such other matters as provided by law, and that Measure J was approved by the voters.

2.

Approval of Call No. 10-1 for Professional Services with MTH Engineers, Inc., in an amount not to exceed $525,507, for Miscellaneous Consulting Services for Engineering, Design and Construction Support of the Esperanca Substation.

 

3.

Public Hearing
Pass to print an Ordinance amending Chapter 18.54 (Regulations for PD - Planned Development and Combined Zoning Districts) of Title 18 (Zoning Ordinance) of the Santa Clara City Code to provide more flexibility in landscaping, building lot coverage, circulation and on-site parking requirements and pass to print an Ordinance adding Chapter 18.86 (Off-Site Parking Provisions) to Title 18 (Zoning Ordinance) of the Santa Clara City Code to provide a mechanism to facilitate the provision of required on-site parking in off-site parking lots.

 

C.

Public Hearing
Adoption of a Resolution approving a Vesting Tentative Subdivision Map (PLN2008-06920) for PR II Kiely Boulevard LLC to subdivide the 27.59-acre project site located at 900 Kiely Boulevard, the Gallery at Central Park project, and set August 31, 2010 to consider whether to accept Parcel G of the Tentative Map as an easement or in fee title.

 

1.

Information on Construction Management Plan and status of insurance claims for damaged homes during the demolition process at 900 Kiely Boulevard, the Gallery at Central Park project.

 

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 to take a position of support on Senate Bill 1205 (SB 1205 - Corbett) - Bay Area Disaster Recovery Act; authorization to transmit a letter of support to Assembly Members Beall and Fong; and authorization to take follow-up actions as appropriate.

2.

Approval of the Stipulations with Request for Award to settle the claims for injuries Brian Allen, retired Police Officer, sustained on February 15, 2006 and cumulatively through March 1, 2007.

3.

Approval for the use of City Water forces for the installation of water services at 3000 Mission College Boulevard.

4.

Adoption of a Resolution establishing a One-Way Stop control with Wehner Drive traffic stopping for Bing Drive traffic; One-Way Stop control with Gallatin Drive traffic stopping for Lochinvar Avenue traffic; One-Way Stop control with Burbank Drive traffic stopping for Lochinvar Avenue traffic; and One-Way Stop control with Brookdale Drive traffic stopping for Quince Avenue traffic.

5.

Adoption of a Resolution ordering the vacation of a Water Easement and four (4) Electric Easements at 1331 Lawrence Expressway (portion of APN 290-01-146 and 147 [2008-09]; S.C. 18,309) to BRE Properties, Inc. and authorization to record the Resolution with the County Recorder.

6.

Adoption of the 2010 Income Guideline Schedule applicable to the Community Development Block Grant (CDBG) Program and the Home Investment Partnerships Act (HOME) Program effective May 14, 2010.

7.

Approval to delegate authority to the City Manager to approve project related documents between July 14, 2010 and August 16, 2010 and direct the City Manager to submit a report on actions taken during the Council recess at a City Council meeting in August 2010.

8.

Approval of the appointment of Richard Schramm to the Bicycle Advisory Committee to serve a partial term ending December 31, 2011.

9.

Acceptance of the Monthly Financial Status Reports for May 2010.

10.

Acceptance of the Outstanding Debt Schedule as of June 30, 2010 for the City of Santa Clara, its Agencies and Corporations including the City's share of various Joint Power Agency debt.

 

B.

Agreements

 

1.

Approval of Call No. 10-6 for Professional Services with Harris & Associates, in an amount not to exceed $56,596, to prepare the engineering design of the Industrial 3B Recycled Water project.

2.

Approval of an Agreement for the Performance of Services with Mears Group, Inc., in an amount not to exceed $175,000, to provide excavation, inspection and repair of the Donald Von Raesfeld (DVR) Power Plant gas pipeline.

3.

Approval of Call No. 10-1 for Professional Services with Soudi Consultants, in an amount not to exceed $64,500, for electric system protection studies and establishment of relay settings related to the Kenneth Substation.

4.

Approval of an Agreement for the Performance of Services with Real Environmental Products, in an amount not to exceed $170,000, to perform repairs to the landfill gas collection at the closed All Purpose Landfill.

5.

Approval of a Fiber Lease Agreement with Internap Network Services Corporation for long term dark fiber optics.

6.

Approval of a HOME Loan Agreement with Senior Housing Solutions, to provide $488,244 from the Home Investment Partnership Act (HOME) program, for acquisition and rehabilitation of a residential property located at 455 Cypress Avenue.

 

C.

Reports for Information and Possible Action

 

D.

Minutes to Note and File

 


 

E.

Routine Written Petitions for Approval

 

1.

Los Gatos Bicycle Racing Club: Request for approval to hold the Timpani Criterium Bicycle Race on August 1, 2010 from 7:00 am to 5:30 pm on Betsy Ross Drive, Bunker Hill Lane, Patrick Henry Drive, and Old Mountain View-Alviso Road. Staff Recommendation: Approval, subject to conditions and execution of a Right-of-Entry License Agreement.

2.

Santa Clara Sparks 10U B Girls Softball Team: Request for Championship Team Funding, in the amount of $2,191 in matching funds, to travel to Tucson, Arizona to compete in the Amateur Softball Association (ASA) Girls Fast-pitch 10B 2010 Western National Championship August 2-8, 2010. Staff Recommendation: Approval, subject to execution of a Contribution Agreement.

 

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.

Santa Clara de Asis Project, 1601 Agnew Road: Adoption of a Resolution certifying the Final Supplemental Environmental Impact Report (SEIR) making findings with respect thereto and adopting a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program; adoption of a Resolution adopting Overriding Findings regarding the Santa Clara County Airport Land Use Commission Determination of Inconsistency for the Amendment to the Master Community Plan (MCP) for Rivermark Development, Development Area Plan and Vesting Tentative Subdivision Map; adoption of a Resolution approving the Amendment to the Master Community Plan for Planning Area No. 25 from Utilities to Medium Density (14-25 DU/ACRE), subject to conditions; adoption of a Resolution approving a Development Area Plan for the parcel, subject to conditions; and adoption of a Resolution approving the Vesting Tentative Subdivision Map to allow 48 attached single-family townhouse condominium units, subject to conditions (PLN 2009-07840/07866/07868/CEQ2009-01091).

 

B.

2010 Weed Abatement Program: Adoption of a Resolution confirming the report of the Fire Chief on the cost of weed abatement and confirming assessment to pay the cost and expenses. 

 


 

C.

Santa Clara Elks Lodge/Francis Sargent, Aquamaids, 1600 Martin Avenue (APN 224-06-165; APN 224-06-175): Revocation of a Conditional Use Permit Amendment expanding the hours of operation and seat allowance for Aquamaids Bingo (CEQ2009-01082, PLN2009-07737). Staff Recommendation: Uphold the Planning Commission's recommendation for no action on the revocation of the Conditional Use Permit Amendment.

 

9.

BIDS AND PROPOSALS:

 

A.

Award of Public Works Contract to K.J. Woods Construction, Inc., in the amount of $8,224,000, for the Walsh Avenue Sanitary Sewer and Recycled Water Improvements Project and authorization to execute Change Orders up to approximately 15% of the original contract amount, or $1,233,600, for a total not to exceed amount of $9,457,600 (CE 07-08-11).

 

10.

BOARDS AND COMMISSIONS FOR ACTION:

 

11.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

12.

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.

 

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:

 

A.

Set Tuesday, August 17, 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).

 

17.

ADJOURNMENT:

 

A.

To Tuesday evening, August 17, 2010 at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.