MINUTES OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA
FOR MEETING HELD ON TUESDAY EVENING, MARCH 29, 2011

 

 

     The City Council of the City of Santa Clara met at 7:00 pm, on the above-mentioned date, for the regular scheduled meeting in the City Hall Council Chambers. The 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) was not held.

 

     The meeting was opened with the recitation of the Pledge of Allegiance and the reading of an Invocation Prayer.

 

 

 

     Present:  Council Members Lisa M. Gillmor, Will Kennedy, Patrick Kolstad, Patricia M. Mahan, Jamie McLeod and Kevin Moore and Mayor Jamie L. Matthews.

 

     Staff present: Acting Assistant City Manager, Director of Planning and Inspection, Director of Public Works/City Engineer,  Interim City Attorney and City Clerk/Auditor.

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that the Minutes for the meeting of February 22, 2011 be adopted as written.

 

 

 

     As a Special Order of Business, the Council proceeded with the recognition of Santa Clara Relay for Life for receiving the Nationwide Top Ten Per Capita Award for 2010 (Senior Staff Aide – 03/14/11). Sahar Taghvaei, Relay’s Event Chair, addressed the Council with information regarding Relay for Life (provided handout) and introduced Tabitha Kappeler-Hurley, Team Captain of the team who raised a total of $10,000 and Doug Ray who raised the most money by himself, in the amount of $3,500. Photographs were then taken. MOTION was made by Gillmor, seconded and unanimously carried, that the Council refer information regarding the Relay for Life program to the City Manager for inclusion in City outreach efforts.

 

 

 

     Also as a Special Order of Business, the Council proceeded with the consideration of the acceptance of the Fiscal Year 2010-11 Mid-Year Revenue Report. The Acting Assistant City Manager introduced the item and gave an electronic presentation, which provided a 2010-11 background and considerations for 2011-12. A Joint Study Session to review significant proposed capital improvement projects will be held May 10; a Joint Study Session to review the proposed Five-Year Financial Plan and Capital Improvement Project Budget will be held May 17; a Joint Study Session to review the proposed 2011-12 Operating Budget will be held May 24; and a Public Hearing on the above budget elements and Municipal Fee Schedule will be held on June 14. The Director of Finance continued the electronic presentation and reviewed the City budget and key funds, including the General Fund, Electric Utility and Water and Sewer Utility. Council questions were answered by the Acting Assistant City Manager. Council comments were then made. MOTION was then made by Gillmor, seconded and unanimously carried, that, per the Director of Finance’s memo (03/24/11), the Council accept the Fiscal Year 2010-11 Mid-Year Revenue Report.

 

 

 

     PUBLIC HEARING: As an item of Unfinished Business, the Mayor declared the public hearing open for consideration of the Santa Clara Elks Lodge, 1600 Martin Avenue, request for a revocation of a Conditional Use Permit Amendment expanding the hours of operation and increased seating for Aquamaids Bingo. The Director of Planning and Inspection reviewed his memo (03/22/11) and gave an electronic presentation outlining past Planning Commission, City Council and Architectural Review Committee actions related to the Conditional Use Permit. He then reviewed staff recommendation to consider the appeal, pursuant to Santa Clara City Code Section 18.110.100, by the Santa Clara Elks Lodge of the Planning Commission action to uphold approval of a Use Permit Amendment to permit expanded hours of operation and increased seating for Aquamaids Bingo at 1600 Martin Avenue and adopt a Resolution to uphold the Amendment of the Use Permit approved by the Planning Commission with revised Conditions of Approval consistent with the September 2010 direction from the Architectural Review Committee (PLN2009-07737). A Council discussion followed and Council questions were answered by the Director of Planning and Inspection and the Interim City Attorney. Council Members Gillmor and Kolstad stated that although they were not members of the Council when this issue  was first heard by the Council, they had reviewed the record regarding this matter. Further Council comments were made. Niall Malcolmson, representing the Aquamaids, addressed the Council with comments in support of staff recommendation. Charles Fleskes, representing the Elks Lodge, addressed the Council with clarifying questions and concerns (provided handout). The Director of Planning and Inspection responded to Mr. Fleskes’ questions. Further Council comments were made. With no public input, MOTION was made by Moore, seconded and unanimously carried, that the Council close the public hearing. A Council discussion followed. MOTION was then made by Mahan, seconded and unanimously carried, that the Council adopt Resolution No. 11-7838 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION DENIAL OF REVOCATION OF A USE PERMIT AND UPHOLDING THE PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT AMENDMENT PERTAINING TO THE EXPANSION OF AN EXISTING BINGO OPERATION AT 1600 MARTIN AVENUE, SANTA CLARA, CA, SUBJECT TO REVISED CONDITIONS” which upholds the Planning Commission denial of revocation of a Conditional Use Permit Amendment and upholding the Planning Commission approval of a Conditional Use Permit Amendment pertaining to the expansion of an existing bingo operation, subject to revised Conditions of Approval as recommended by the Architectural Review Committee, as amended to permit bingo operation beginning at the hour of 6:30 pm with doors opening at 6:00 pm and with a 6-month and 1-year report back to Council if the City receives more than two substantiated complaints about off-site parking in violation of the provisions of the Use Permit.

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that, per the Director of Parks and Recreation’s memo (03/10/11), the Council accept the work performed by Arrow Sign Company, Inc. for the Washington Ball Field Scoreboard Replacement project and authorize the Notice of Completion to be filed with the County Recorder (PO 111919).

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried with McLeod abstaining (employed by the Santa Clara Valley Water District), that, per the Director of Parks and Recreation’s memo (03/15/11 and revised 03/28/11), the Council adopt Resolution No. 11-7839 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE CLEAN, SAFE CREEKS AND NATURAL FLOOD PROTECTION PROGRAM OF 2000 ENVIRONMENTAL ENHANCEMENT IMPLEMENTATION GRANT PROGRAM FOR USE AT ULISTAC NATURAL AREA” which approves (retroactively) the application for grant funds under The Clean, Safe Creeks and Natural Flood Protection Program of 2000 Environmental Enhancement Implementation Grant Program from the Santa Clara Valley Water District (SCVWD) for the Ulistac Natural Area and authorize the City Manager to conduct all negotiations, execute and submit all documents necessary for the completion of this project.

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that, per the Director of Finance’s memo (03/22/11), the Council accept the City of Santa Clara Report on Federal Awards in Accordance with OMB Circular A-133 for the year ended June 30, 2010, as prepared by the City's independent auditor, Vavrinek, Trine, Day & Co., LLP, as previously recommended by the Council Audit Committee.

 

     MOTION was made by Kennedy, seconded and unanimously carried, that, per the Director of Finance’s memo (03/22/11), the Council accept the Monthly Financial Status Reports for December 2010 as presented.

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that, per the Director of Finance’s memo (03/22/11), the Council accept the Monthly Financial Status Reports for January 2011 as presented.

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (03/21/11), the Council approve the use of City Electric forces for the installation of facilities at 1101 Corvin Drive, 332 Martin Avenue and 2009 Cabrillo Avenue.

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (03/22/11), the Council approve the plans and specifications for the Tasman Drive Parking Structure; authorize the City Manager to make minor, non-substantive modifications, if necessary; and authorize the advertisement of bids (CE 10-11-11).

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that, per the Acting Chief of Police’s memo (03/16/11), the Council authorize the City Manager to submit an application and all related documents for the 2011 Department of Alcoholic Beverage Control (ABC) Grant for Local Law Enforcement to allow the expansion of the law enforcement actions against alcohol related problems.

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that, per the Interim City Attorney’s memo (03/23/11), the Council adopt Ordinance No. 1879 entitled, “AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA, REPEALING TITLE 6 (ENTITLED “ANIMALS”) OF “THE CODE OF THE CITY OF SANTA CLARA, CALIFORNIA” AND ADDING A NEW TITLE 6 (ENTITLED “ANIMALS”) TO MORE EFFICIENTLY AND EFFECTIVELY ENFORCE THE CODE” which repeals Title 6 (Animals) of the City Code and adds a new Title 6 (Animals) to more efficiently and effectively enforce the City Code.

 

 


 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (03/22/11), the Council set April 19, 2011 for a public hearing to consider a Right-of-Way Encroachment Agreement with the Peninsula Corridor Joint Powers Board to construct and maintain a train station platform and light pole within the Benton Street public right-of-way at 1005 Railroad Avenue and authorize the posting of the Notice of Public Hearing (APN 230-06-050; S.C. 18,434).

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that, per the Director of Water and Sewer Utilities and Director of Public Works/City Engineer’s memo (03/08/11), the Council pass to print Ordinance No. 1881 entitled, “AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA, AMENDING SECTIONS 17.15.010 AND 17.15.220 OF THE CODE OF THE CITY OF SANTA CLARA RELATING TO PROPERTY DEVELOPMENTS” which amends Sections 010 (Definitions) and 220 (Tables) of Chapter 17.15 (Property Developments) of the City Code regarding the Capacity Rental Fee, which will decrease the interest charged for the capacity rental fee from 6% to 3% and increase the time period for payment of the additional sewer capacity fee from 5 years to 10 years.

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (03/16/11), the Council approve, and authorize the City Manager to execute, Call No. 11-1 for Professional Services with Electrical Reliability Services, Inc., in an amount not to exceed $185,410, for substation testing and commissioning services for Uranium Substation.

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (03/16/11), the Council approve, and authorize the City Manager to execute, Call No. 11-1 for Professional Services with Paragon Partners, Ltd., in an amount not to exceed $89,649, for Advanced Meter Infrastructure operations and engineering support.

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (03/22/11), the Council approve, and authorize the City Manager to execute, an Agreement for Design Professional Services with Lee & Ro, Inc., in an amount not to exceed $126,490, for the Rabello and Northside Pump Station Generators project and authorize the City Manager to make minor, non-substantive modifications to the Agreement, if necessary.

 

 


 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (03/17/11), the Council approve, and authorize the City Manager to execute, a Call Agreement with Power Pros for testing and commissioning services and Call No. 11-1 for Professional Services, in an amount not to exceed $123,000, for substation testing services.

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (03/29/11), the Council approve, and authorize the City Manager to execute, the Northern California Power Agency's Agreement (NCPA) Terminating the Third Phase Agreement for the Western GeoPower, Inc. Renewable Energy Power Purchase Agreement, which refers to the agreements executed in May 2008, in a form substantially similar to the agreement as presented, subject to final review by the City Attorney and the Northern California Power Agency's amended and restated Third Phase Agreement for Western GeoPower, Inc. Geothermal Project Renewable Energy Power Purchase Agreement, in a form substantially similar to the agreement as presented, subject to final review by the City Attorney, for the purchase of renewable energy up to the capacity of the project.

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that the Council note and file the Informational Memo entitled “Invitation – Arbor Day/Earth Day Celebration Friday, April 29, 2011, has been proclaimed as Arbor Day in the City of Santa Clara” (Acting Director of Streets and Automotive Services/City Arborist – 03/23/11).

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that the Council note and file the Minutes of the Board of Library Trustees for the meeting of February 7, 2011.

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that the Council note and file the Minutes of the Cultural Advisory Commission for the meeting of December 6, 2010.

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that the Council note and file the Minutes of the Senior Advisory Commission for the meeting of January 24, 2011.

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that the Council note and file the Minutes of the Parks and Recreation Commission for the meeting of February 15, 2011.

 

 


 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that the Council note and file the Minutes of the Board of Library Trustees for the meeting of December 6, 2010.

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that the Council note and file the Minutes of the Civil Service Commission for the meeting of March 14, 2011.

 

 

 

     The Council proceeded to consider the award of contract to Utility Service Company, Inc., in the amount of $714,718, for the Downtown Tank Rehabilitation Project (WA 30044). The Acting Assistant City Manager reviewed the Director of Water and Sewer Utilities’ memo (03/16/11). MOTION was made by Mahan, seconded and unanimously carried, that the Council award a contract to Utility Service Company, Inc., in the amount of $714,718, for the Downtown Tank Rehabilitation Project (WA 30044) and authorize the City Manager to execute change orders in connection with this Project, up to approximately 15% of the contract amount, or $107,200, for a total not to exceed amount of $821,918.

 

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Public Works/City Engineer and Director of Electric Utility’s memo (03/22/11), the Council award a contract to Tennyson Electric, Inc., in the amount of $483,670, for the Homestead Road Traffic Signal Interconnect and Coordination Project (CE 10-11-06) and authorize the City Manager to execute change orders in connection with this Project, up to approximately 10% of the contract amount, or $48,367, for a total not to exceed amount of $532,037.

 

 

 

     The Council proceeded to consider the Informational Memo entitled, “July 4, 2011 All City Picnic to Continue Without Fireworks” (Senior Staff Aide – 03/14/11). A Council discussion followed and the Acting Assistant City Manager answered Council questions. She further stated that the City does not have sufficient funds for the cost nor the staffing necessary to hold the event. Additionally, there is not a contract in place for the fireworks. Further Council comments were made. MOTION was made by Gillmor, seconded and unanimously carried, that the Council note and file the Informational Memo entitled, “July 4, 2011 All City Picnic to Continue Without Fireworks” and refer the issue to the City Manager to return to Council on April 19, 2011.

 

 

 

     Under Public Presentations, Michelle Purviance addressed the Council and expressed thanks for the South of Forest Neighborhood street improvements.

 

 

 

     Also under Public Presentations, Kim Ferm addressed the Council and provided information on the 211 Santa Clara County program of the United Way Silicon Valley (provided handout).

 

 

 

     Also under Public Presentations, Bill Bailey addressed the Council with comments in support of the 211 Santa Clara County program.

 

 

 

     Also under Public Presentations, James Rowen addressed the Council with comments in support of the 211 Santa Clara County program.

 

 

 

     Also under Public Presentations, Jansie Tompkins addressed the Council with comments regarding the Leukemia and Lymphoma Society Benefit Gala on April 9, 2011 at David's Restaurant (provided handout).

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Water and Sewer Utilities’ memo (03/09/11), the Council approve the transfer, in the amount of $4,000,000, from the San Jose/Santa Clara Water Pollution Control Plant 2008-2012 project (account 594-1515-80300-1908) to the Sewer Utility Operating Fund (account 094-12010).

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that, per the Director of Electric Utility and Director of Finance’s memo (03/21/11), the Council adopt Resolution No. 11-7840 entitled, “RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF A REIMBURSEMENT AGREEMENT, A FEE LETTER AND A CUSTODIAN AGREEMENT RELATING TO THE CITY’S VARIABLE RATE DEMAND SUBORDINATED ELECTRIC REVENUE BONDS, SERIES 2008 B AND A REMARKETING AGREEMENT IN CONNECTION THEREWITH; AND AUTHORIZING CERTAIN OTHER ACTIONS RELATING THERETO” which approves the forms of the documents relating to a replacement Letter of Credit with Bank of America and authorizes the execution of a Reimbursement Agreement, a Fee Letter, a Custodian Agreement and a Remarketing Agreement relating to the City's Variable Rate Demand Subordinated Electric Revenue Bonds, Series 2008B; authorize the City Manager to execute all necessary documents, in substantially similar form as presented to complete the transaction; authorize payment of fees related to this transaction; and approve the transfer of $275,000 from Electric Operating Fund Resource and Production Costs (account 091-13xx-87xx) to Electric Debt Service Fund (account 491-13xx-88xxx).

 

 


 

 

     The Council proceeded to consider the Santa Clara Symphonic Honor Band (The Ambassadors), Buchser Music Association’s request for Championship Team Funding, in the amount of $10,000, to travel to Portugal and Spain for a cultural exchange tour in July 2011. Council comments were made and the Acting Assistant City Manager answered Council questions. MOTION was made by Moore, seconded and unanimously carried with Kennedy abstaining (son will be a student of Buchser Middle School next year and hopes to be a member of the band), that, per the Senior Staff Aide’s memo (03/15/11), the Council approve Championship Team Funding, in the amount of $5,000 in Fiscal Year 2010-11, subject to the execution of a Contribution Agreement with the Buchser Music Association, to travel to Portugal and Spain for a cultural exchange tour in July 2011.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that the Council approve the Bills and Claims and Progress Payments.

 

 

 

     Council Member McLeod noted that the Arbor Day/Earth Day celebration would be held on Friday, April 29 on the grounds of Triton Museum.

 

     Council Member Gillmor made comments regarding Santa Clara County Health Trust's Meals on Wheels program.

 

     Council Member Kolstad provided an update on the Renewable Portfolio Standards Bill.

 

     Mayor Matthews noted the grand opening of Summer Winds Nursery, 2931 El Camino Real.

 

 

 

     The Interim City Attorney reported that the 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) was not held.

 

 


 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that, per the Interim City Attorney’s memo (03/23/11), the Council set Tuesday, April 5, 2011 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).

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that there being no further business, the meeting was adjourned at 8:50 pm In Memory of Huy Pham (employee for the City of Costa Mesa, California) to Tuesday evening, April 5, 2011 at 6:00 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.

 

 

 

 ATTEST:  ________________________

                     City Clerk

 

APPROVE: ________________________

                     Mayor