MINUTES OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA
FOR MEETING HELD ON TUESDAY EVENING, OCTOBER 26, 2010

 

 

     The City Council of the City of Santa Clara met at 5:00 pm, on the above-mentioned date, for a Closed Session in the Council Conference Room for a 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); a 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; and Unit #10 - Public Safety Non-Sworn Employees Association, PSNSEA.

 

 

 

     The Council then met at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.  The meeting was opened with the recitation of the Pledge of Allegiance and the reading of an Invocation Prayer.

 

 

 

     Present: Council Members Will Kennedy, Joe Kornder, Jamie L. Matthews, Jamie McLeod and Kevin Moore and Vice-Mayor Dominic J. Caserta. Absent: Mayor Patricia Mahan (excused).

 

     Staff present:  City Manager, Assistant City Manager, City Planner, City Planner, Director of Public Works/City Engineer,  Assistant City Attorney – Julia Hill and City Clerk/Auditor.

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried (Mahan absent), that the Council excuse Mayor Mahan from attendance at this evening’s meeting (Executive Assistant to Mayor and City Council – 10/13/10). Vice-Mayor Caserta presided over the meeting.

 

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried (Mahan absent), that the Minutes for the meetings held on September 21, 2010 and September 28, 2010 be adopted as written.

 

 

 

     As an item under Continuance/Exceptions, the City Manager reviewed the Director of Planning and Inspection’s memo (10/15/10) regarding the approval to continue the Public Hearing related to the Presidio El Camino Real Project located at 1430 El Camino Real (including properties on Jefferson and Madison Streets) to the Council Meeting of November 9, 2010 to allow time for the Architectural Review Committee to complete Design Review of the proposed project and refer their recommendations to the City Council. The City Manager noted that the project applicant, CORE Affordable Housing, LLC, transmitted an email (10/25/10) accepting the continuance to the November 9, 2010 Council meeting. MOTION was made by Kordner, seconded and unanimously carried (Mahan absent), that the Council continue the Public Hearing related to the Presidio El Camino Real Project located at 1430 El Camino Real (including properties on Jefferson and Madison Streets) to the Council Meeting of November 9, 2010 to allow time for the Architectural Review Committee to complete Design Review of the proposed project and refer their recommendations to the City Council (CEQ2010-0110, PLN2010-08180 and PLN2010-08250).

 

 

 

     As a Special Order of Business, the Council proceeded with the recognition of having the City designated as a Bicycle Friendly Community by the League of American Bicyclists. Vice-Mayor Caserta reviewed the Director of Public Works/City Engineer’s memo (10/13/10) outlining the award and the City’s high level of commitment to bicycling. The City Manager then recognized Traffic Engineering staff and Council Member Kennedy  made comments of appreciation with regard to the Bicycle Advisory Committee. Photographs were taken.  

 

 

 

     Also as a Special Order of Business, the Council proceeded with the acceptance of the Fourth Quarter Status Report for Council Principles and Priorities for 2009-11. The City Manager reviewed her memo (10/18/10) and gave an electronic presentation highlighting the accomplishments of the past quarter. A Council discussion followed and the City Manager and City Clerk answered Council questions. MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that the Council accept the Fourth Quarter Status Report for Council Principles and Priorities for 2009-11 and set the next quarterly status report for January 25, 2011.

 

 

 

     As an item of Unfinished Business, the Council proceeded with the consideration of the creation of a Zoning Ordinance Amendment to City Code Title 18 for Non-Industrial Uses in Industrial Districts to include definitions for Places of Assembly and Entertainment Uses with a requirement of a Conditional Use Permit for such uses in zoning districts consistent with General Plan designations for public/quasi-public, residential, commercial and mixed uses and in zoning districts consistent with General Plan designations for industrial office uses proximate to the Caltrain tracks within two "Exception Areas"; a requirement of permit findings for access from a Collector, or larger, street and for consistency with the adopted General Plan; the prohibition of non-industrial uses in zoning districts consistent with General Plan designations for Heavy and Light Industrial uses and Office/R&D uses outside the "Exception Areas"; to lift the current moratorium at the time the Zoning Ordinance Amendment is effective; and to process individual rezoning applications in conformance with this direction and applicable regulations and to refer to the Planning Commission for recommendation prior to returning to Council for action. The City Manager reviewed the Director of Planning and Inspection’s memo (10/21/10) and noted that an email was received (10/25/10) from Myron Crawford, of Berg & Berg Enterprises, Inc., seeking clarification on options for Zoning Ordinance amendments. She and the City Planner then gave an electronic presentation reviewing past Council action, issues related to non-industrial uses and outlining two solutions for Council consideration, as follows: Solution 1 – add a third “Exception Area” for entertainment uses in Industrial and Office/R&D areas north of Highway 101 and Solution 2 (staff recommendation) – consider individual PD rezoning for entertainment uses in Industrial and Office/R&D areas north of Highway 101. A Council discussion followed and the City Planner and City Manager answered Council questions. Mr. Crawford addressed the Council with general comments. With no further public comment, MOTION was made by Matthews, seconded and unanimously carried (Mahan absent), that the Council close the public hearing. MOTION was then made by Matthews, seconded and unanimously carried (Mahan absent), that the Council direct the creation of a Zoning Ordinance Amendment to City Code Title 18 for Non-Industrial Uses in Industrial Districts to include definitions for Places of Assembly and Entertainment Uses with a requirement of a Conditional Use Permit for such uses in zoning districts consistent with General Plan designations for public/quasi-public, residential, commercial and mixed uses and in zoning districts consistent with General Plan designations for industrial office uses proximate to the Caltrain tracks within two "Exception Areas"; a requirement of permit findings for access from a Collector, or larger, street and for consistency with the adopted General Plan; the prohibition of non-industrial uses in zoning districts consistent with General Plan designations for Heavy and Light Industrial uses and Office/R&D uses outside the "Exception Areas"; to lift the current moratorium at the time the Zoning Ordinance Amendment is effective; and to process individual rezoning applications in conformance with this direction and applicable regulations and to refer to the Planning Commission for recommendation prior to returning to Council for action.

 

 

 

     Also as an item of Unfinished Business, the Council proceeded to consider continuing the aggregate time limits for speakers at Council meetings, per Modifying Resolution No. 10-7734, through March 31, 2011. The City Manager reviewed the Deputy City Manager’s memo (10/12/10). The City Manager and Assistant City Attorney answered Council questions. MOTION was made by Matthews, seconded and carried with McLeod dissenting (Mahan absent), that the Council approve the continuation of aggregate time limits for speakers at Council meetings, per Modifying Resolution No. 10-7734, through March 31, 2011.

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried (Mahan absent), that, per the Director of Public Works/City Engineer’s memo (10/13/10), the Council accept the public improvements including the new sanitary sewer main, manhole and lateral, storm drain lateral, new water, underground electric, sidewalk and driveway performed by J.R. Roberts Deacon for Site No. 6735 EP 12119 - Public Improvements at 1331 Lawrence Expressway/Granada Avenue (APN 290-01-144 and 290-01-145) and authorize the recordation of the Notice of Completion with the County Recorder.

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried (Mahan absent), that, per the Director of Electric Utility’s memo (10/13/10), the Council approve the use of City Electric forces for the installation of facilities at 3000 Mission College Boulevard.

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried (Mahan absent), that, per the Senior Staff Aide’s memo (10/12/10), the Council approve and authorize the publication of the January 2011 Mission City SCENES.

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried (Mahan absent), that, per the Director of Public Works/City Engineer’s memo (10/13/10), the Council adopt Resolution No. 10-7783 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, ESTABLISHING CERTAIN PARKING REGULATIONS ON HOMESTEAD ROAD” which repeals Resolution No. 4137, Section 2, which established a No Parking zone on Homestead Road adjacent to 1298 Homestead Road; establishes a No Parking zone on the south side of Homestead Road between the east curb of Monroe Street and a point 35 feet east of the east curb of Monroe Street; and establishes a Disabled Parking zone in front of 1298 Homestead Road.

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried (Mahan absent), that, per the City Manager’s memo (10/13/10), the Council note and file the Departmental Activity Report for the month of August 2010.

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried (Mahan absent), that, per the Director of Electric Utility’s memo (09/28/10), the Council approve, and authorize the City Manager to execute, Amendment No. 1 to Call No. 09-1 for Professional Services with Nexant, Inc. to extend the term of the Third Party Laboratory Energy Management Program for businesses to October 31, 2011 at no additional cost.

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried (Mahan absent), that, per the Director of Electric Utility’s memo (10/12/10), the Council approve, and authorize the City Manager to execute, Call No. 10-7 for Professional Services with MTH Engineers, Inc., in an amount not to exceed $200,000, for drawing design review for the De La Cruz Junction control building and switchyard.

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried (Mahan absent), that the Council note and file the Informational Memo entitled, “League of California Cities 2010 Annual Conference Resolutions Final Report” (City Manager – 10/14/10).

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried (Mahan absent), that the Council note and file the Minutes of the Planning Commission for the meeting held on September 8, 2010 (Director of Planning and Inspection – 10/14/10).

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried (Mahan absent), that the Council note and file the Minutes of the City-School Liaison Committee for the meeting held on September 22, 2010.

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried (Mahan absent), that, per the Director of Planning and Inspection’s memo (10/15/10), the Council approve the Special Permit request submitted by Santa Clara First Baptist Church, 3111 Benton Street, to allow an Outdoor Christmas Pageant from October 30, 2010 through January 2, 2011, subject to conditions (PLN2010-08425).       

 

 

 

     PUBLIC HEARING: The Vice-Mayor declared the hearing open for consideration of the acceptance of the 2010 Report on the City’s Water Quality Program Relative to Public Health Goals. The City Manager reviewed the Director of Water and Sewer Utilities’ memo (09/28/10). A Council discussion followed and the City Manager and Director of Water and Sewer Utilities answered Council questions. With no public comment, MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that the Council close the public hearing. MOTION was then made by McLeod, seconded and unanimously carried (Mahan absent), that the Council accept the 2010 Report on the City’s Water Quality Program Relative to Public Health Goals.  

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that, per the Director of Public Works/City Engineer’s memo (10/13/10), the Council award the contract for the Pedestrian Signal Head Replacement Project to Beltramo Electric, Inc., in the amount of $33,886.50, and authorize the City Manager to execute Change Orders up to approximately 40% of the original contract amount or $13,500 for a total not to exceed amount of $47,386.50 (CE 10-11-10).

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that, per the Director of Water and Sewer Utilities’ memo (10/14/10), the Council    reject all bids for the Downtown Tank Rehabilitation Project and direct the City Manager to make minor changes to the Project Plans and Specifications, including revising the contractor licensing requirements and approve rebidding the project in November 2010 (WA 30044).

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that, per the Director of Water and Sewer Utilities and Director of Electric Utility’s memo (10/18/10), the Council award the contract for the Central Park Alignment (SC-6) Recycled Water Pipeline Project to Mountain Cascade, Inc., in the amount of $1,969,025, and authorize the City Manager to execute Change Orders up to approximately 15% of the contract amount or $295,353.75 for a total not to exceed amount of $2,264,378.75 (WA 1831).

 

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that, per the Director of Planning and Inspection’s memo (10/07/10), the Council appoint Council Member Matthews as the City's representative to the El Camino Bus Rapid Transit (BRT) Corridor Policy Advisory Board (PAB).

 

 

 

     MOTION was made by Kornder, seconded and unanimously carried (Mahan absent), that, the Council approve the Bills and Claims and Progress Payments.

 

 

 

     Council Member McLeod made comments regarding attendance at a recent tour for the Big Horn Wind Power Project.

 

 

 

     Council Member McLeod reported on the recent epidemic of teenage suicide related to bullying and offered available services to assist all Santa Clara youth, including gay, lesbian, bisexual, asexual and transgender individuals should they find themselves being bullied or troubled.

 

 

 

     The Assistant City Attorney reported that the Council held earlier in the evening at 5:00 pm, on the above-mentioned date, a Closed Session in the Council Conference Room for a 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 that there was no reportable action and for a 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 and that there was no reportable action.

 

 

 

 

 

 

     MOTION was made by Moore, seconded and unanimously carried (Mahan absent), that, per the Interim City Attorney’s memo (10/22/10), the Council set Tuesday, November 9, 2010 at 5:00 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) 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; and Unit #10 - Public Safety Non-Sworn Employees Association, PSNSEA.

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried (Mahan absent), that there being no further business, the meeting was adjourned at 8:20 pm In Memory of Pauline Maria Beerman (mother to Dan Beerman, Public Communications Manager-City Manager's Office), Alexandre Teixeira (uncle to Jose Armas, Office Records Specialist-City Clerk's Office) and Vincent Fiorillo (Santa Clara businessman and owner of Fiorillos Restaurant and Santa Clara Billiards) to Tuesday evening, November 9, 2010 at 5:00 pm for a Closed Session in the Council Conference Room, 6:00 pm for interviews to fill a vacancy on the Senior Advisory Commission in the Reception Lobby Area adjacent to the City Clerk's Office and 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.

 

 

 ATTEST:  ________________________

                     City Clerk

 

APPROVE: ________________________

                     Mayor