MINUTES OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA
FOR MEETING HELD ON TUESDAY EVENING, NOVEMBER 9, 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 and for a Conference with Legal Counsel (Anticipated Litigation) pursuant to Government Code Section 54956.9(b)(1); Facts and Circumstances: Government Code Section 54956.9(b)(3)(B); Letter from Richard McKee to Mayor and Council, dated November 2, 2010. The Council then met at 6:00 pm in the Reception Lobby Area adjacent to the City Clerk’s Office for Senior Advisory Commission Interviews to fill the vacancy for the partial term ending June 30, 2011.

 

 

 

     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 Dominic J. Caserta, Will Kennedy, Joe Kornder, Jamie L. Matthews, Jamie McLeod and Kevin Moore and Mayor Patricia Mahan.

 

     Staff present: City Manager, 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 Caserta, seconded and unanimously carried, that the Minutes for the meetings held on October 12, 2010 and October 21, 2010 – Special Meeting be adopted as written.

 

 

 

     As a Special Order of Business, MOTION was made by Matthews, seconded and unanimously carried, that the Council appoint Duane Zampedri to the Senior Advisory Commission for the partial term ending June 30, 2011 (City Clerk/Auditor – 11/4/10).

 

 

 

     Also as a Special Order of Business, Jessica Garcia-Kohl, Director of Development and External Affairs for the Housing Trust of Santa Clara County, gave an electronic presentation (provided handout) on the leveraged uses of funds from the Redevelopment Agency for affordable housing purposes  (Housing and Community Services Division Manager – 11/4/10).  

 

 

 

     Also as a Special Order of Business, the Council proceeded with the recognition of the Information Technology department for their recent award of the 2009-2010 Award for Excellence in Information Technology Practices from the Municipal Information Systems Association of California (MISAC). The City Manager reviewed the Director of Information Technology’s memo (11/09/10). The Director of Information Technology introduced the Information Technology staff present and addressed the Council with comments. Jeff Gershaneck, President MISAC Northern California Chapter, addressed the Council with comments and presented the award to the Director of Information Technology. Photographs were taken.   

 

 

 

     As an item of Unfinished Business, the Council proceeded with the consideration of items related to the proposed San Francisco 49ers stadium. The Mayor/Chairperson declared the Joint City Council/Redevelopment Agency hearing open for consideration of the adoption of a Resolution approving a rezone of the properties located at 4900 Centennial Boulevard, a small portion of 5049 Centennial Boulevard and Centennial Boulevard right-of-way south of Tasman Drive, from Public or Quasi Public, and Public Park or Recreation (B) to Planned Development (PD) and amending the existing Planned Development (PD) Zone located at 4949 Centennial Boulevard, and approving the Architectural Design of the 49ers Santa Clara Stadium Project (PLN2008-06947); and adoption of a Resolution approving the Tentative Subdivision Map for the project site generally located at 4900 Centennial Boulevard to abandon public right-of-way, reconfigure parcels, and establish easements (PLN2010-08216). The City Manager/Executive Director introduced the item and noted that the 49ers indicated to the City/Agency that there would be a time delay with the project, with a delayed opening date in 2015 rather than 2014, due to the Collective Bargaining Agreement with the players and financing issues. She then outlined the actions for consideration during this evening’s meeting. The Director of Planning and Inspection then reviewed his report (11/02/10) and gave an electronic presentation outlining the project milestones, maps of the of the project site, possible events per year, parking issues, the Transportation Management and Operations Plan (TMOP), noise control measures and conditions of approval. Tim Cahill, National Director of Design with HNTB Architects, reviewed the stadium design (electronic presentation). Jack Wrightson, Principal of WJHW, reviewed the noise analysis overview. Lisa Lang, Vice President of Communications and Government Relations for the San Francisco 49ers, reviewed off-site parking on private properties (electronic presentation). Jim Mercurio, Vice President of Stadium Operations and Security for the San Francisco 49ers, reviewed stadium operations. A Council/Agency discussion followed and Ms. Lang, the Director of Planning and Inspection, Harry O’Brien, representing the San Francisco 49ers, Mr. Mercurio and the City Manager/Executive Director answered Council/Agency questions. The following people addressed the Council/Agency in favor of the project: Brian Goldenberg, James Rowen, Fred Santillan, Dorothy Rosa, Peggy Parkin, Norm Josephson, Steve Kelly, Edward Strine, Nick Bohlender, Randy Bell, Patty Atherton, Lisa Santillan, Brian Lowery and Ricci Herro. Deborah Bress addressed the Council/Agency in opposition to the project. With no further public input, MOTION was made by Matthews, seconded and unanimously closed, that the Council/Agency close the public hearing. A Council/Agency discussion followed and further Council/Agency questions were answered by the Director of Planning and Inspection, City Manager/Executive Director and Mr. O’Brien. MOTION was then made by Matthews, seconded and unanimously carried, that the Council adopt Resolution No. 10-7784 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, APPROVING A REZONING OF THE PROPERTIES LOCATED AT 4900 CENTENNIAL BOULEVARD, A SMALL PORTION OF 5049 CENTENNIAL BOULEVARD, AND CENTENNIAL BOULEVARD RIGHT-OF-WAY SOUTH OF TASMAN DRIVE, AMENDING THE EXISTING PLANNED DEVELOPMENT ZONE LOCATED AT 4949 CENTENNIAL BOULEVARD, AND APPROVING THE ASSOCIATED ARCHITECTURAL DESIGN FOR THE PROPOSED STADIUM” which approves rezoning the properties located at 4900 Centennial Boulevard, a small portion of 5049 Centennial Boulevard and Centennial Boulevard right-of-way south of Tasman Drive, from Public or Quasi Public, and Public Park or Recreation (B) to Planned Development (PD) and amending the existing Planned Development (PD) Zone located at 4949 Centennial Boulevard, as amended to include the target for maximum sound level exposure shall be 60 dBA, in order to minimize noise impacts to sensitive receptors as part of condition P23 of the Conditions of Approval.  MOTION was then made by Matthews, seconded and unanimously carried, that the Council approve the Architectural Design of the 49ers Santa Clara Stadium Project. MOTION was made by Matthews, seconded and unanimously carried, that the Council adopt Resolution No. 10-7785 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, APPROVING A TENTATIVE SUBDIVISION MAP FOR THE PROJECT SITE GENERALLY LOCATED AT 4900 CENTENNIAL BOULEVARD” which approves the Tentative Subdivision Map for the project site generally located at 4900 Centennial Boulevard to abandon public right-of-way, reconfigure parcels, and establish easements.  Further Council/Agency questions were answered by the City Manager/Executive Director. MOTION was then made by Matthews, seconded and unanimously carried, that the Council note and file the Informational Memo regarding the approval of an Agreement for the Performance of Services with KNN Public Finance and the Redevelopment Agency, in an amount not to exceed $100,000, for financial consulting services to assist staff with ongoing negotiations with the San Francisco 49ers to develop a Disposition and Development Agreement (DDA) for a National Football League (NFL) Football Stadium (Administrative Analyst to the City Manager – 11/02/10). MOTION was then made by Matthews, seconded and unanimously carried, that the Agency approve, and authorize the Executive Director to execute, an Agreement for the Performance of Services with KNN Public Finance, in an amount not to exceed $100,000, for financial consulting services to assist staff with ongoing negotiations with the San Francisco 49ers to develop a Disposition and Development Agreement (DDA) for a National Football League (NFL) Football Stadium (Administrative Analyst to the City Manager – 11/02/10). MOTION was then made by Matthews, seconded and unanimously carried, that the Council note and file the Agency agenda report for consideration on the November 9, 2010 agenda related to the approval of an additional appropriation, in the amount of $1,600,000, from the RDA North of Bayshore Project Area Fund Walsh Avenue Sanitary Sewer Improvements (account 939-4433-80300-9072) to the RDA North of Bayshore Project Area Fund Stadium Site Reimbursable Development Fees (account 939-1012-80300-9074) for the Redevelopment Agency's share of stadium development fees required to be paid to the City's enterprise funds (Administrative Analyst to the City Manager – 11/02/10). MOTION was then made by Matthews, seconded and unanimously carried, that the Agency approve an additional appropriation, in the amount of $1,600,000 from the RDA North of Bayshore Project Area Fund Walsh Avenue Sanitary Sewer Improvements (account 939-4433-80300-9072) to the RDA North of Bayshore Project Area Fund Stadium Site Reimbursable Development Fees (account 939-1012-80300-9074) for the Redevelopment Agency’s share of stadium development fees required to be paid to the City’s enterprise funds (Administrative Analyst to the City Manager – 11/02/10).

 

 

 

 

     Also as an item of Unfinished Business, the Mayor declared the public hearing open for consideration of the items related to the Santa Clara de Asis Project, 1601 Agnew Road, including adoption of a Resolution certifying the Final Supplemental Environmental Impact Report (FSEIR), 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 an Amendment to the Master Community Plan for Rivermark Development by changing 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, subject to conditions; adoption of a Resolution approving the Vesting Tentative Subdivision Map to allow 48 attached single-family townhouse condominium units, subject to conditions (SCH#2009112081/CEQ2009-01091/PLN2009-07840/PLN2009-07866/PLN2009-07868). The Director of Planning and Inspection reviewed his report (11/02/10) and gave an electronic presentation outlining the project, adjacent development, site plan, building and unit plans, and staff recommendation. The applicant, Michael O’Sullivan, Director of Land Development for Citation Homes, addressed the Council with comments and gave an electronic presentation regarding customer service, parking summary, school district boundaries and presented artist renderings of the project. A Council discussion followed and Mr. O’Sullivan answered Council questions. Valeri Makam addressed the Council in opposition to the proposed project. With no further public input, MOTION was made by Caserta, seconded and unanimously carried, that the Council close the public hearing. Further Council questions were answered by the City Attorney. MOTION was then made by Matthews, seconded and unanimously carried, that the Council adopt Resolution No. 10-7786 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT, MAKING FINDINGS WITH RESPECT THERETO, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE RESIDENTIAL PROJECT LOCATED AT 1601 AGNEW ROAD, SANTA CLARA” which certifies the Final Supplemental Environmental Impact Report (FSEIR), making findings with respect thereto, and adopts a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program. MOTION was then made by Matthews, seconded and unanimously carried, that the Council adopt Resolution No. 10-7787 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, ADOPTING OVERRIDING FINDINGS REGARDING THE SANTA CLARA COUNTY AIRPORT LAND USE COMMISSION DETERMINATION OF INCONSISTENCY FOR THE AMENDMENT TO THE MASTER COMMUNITY PLAN FOR RIVERMARK DEVELOPMENT, DEVELOPMENT AREA PLAN, AND VESTING TENTATIVE SUBDIVISION MAP FOR RESIDENTIAL DEVELOPMENT LOCATED AT 1601 AGNEW ROAD, SANTA CLARA” which adopts 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. MOTION was then made by Matthews, seconded and unanimously carried, that the Council adopt Resolution No. 10-7788 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, APPROVING THE AMENDMENT TO THE MASTER COMMUNITY PLAN FOR PLANNING AREA #25 FROM UTILITIES TO MEDIUM DENSITY (14-25 DU/ACRE) LOCATED AT 1601 AGNEW ROAD, SANTA CLARA” which approves an Amendment to the Master Community Plan for Rivermark Development by changing Planning Area No. 25 from Utilities to Medium Density (14-25 du/acre), subject to conditions, including the Condition to have the tandem parking places remain available for parking. MOTION was then made by Matthews, seconded and unanimously carried, that the Council adopt Resolution No. 10-7789 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, APPROVING A DEVELOPMENT AREA PLAN FOR THE PARCEL LOCATED AT 1601 AGNEW ROAD, SANTA CLARA” which approves a Development Area Plan, subject to conditions. MOTION was then made by Matthews, seconded and unanimously carried, that the Council adopt Resolution No. 10-7790 entitled, A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, APPROVING THE VESTING TENTATIVE SUBDIVISION MAP LOCATED AT 1601 AGNEW ROAD, SANTA CLARA” which approves the Vesting Tentative Subdivision Map to allow 48 attached single-family townhouse condominium units, subject to conditions. The Council duly noted and filed the email received from Bhava Avula, President of the Mission Gardens Home Owner’s Association (11/08/10), which was in support of the proposed project.

 

 

 

     Also as an item of Unfinished Business, the Mayor declared the public hearing open for consideration of the items related to the Presidio El Camino Real Project, 1430 El Camino Real (including properties on Jefferson and Madison Streets), including adoption of a Resolution adopting a Mitigated Negative Declaration making findings with respect thereto, and adopting a Mitigation Monitoring or Reporting Program (MMRP); adoption of a Resolution recommending approval of General Plan Amendment No. 73 on .36 acres of a .82 acre site from Gateway Thoroughfare to High Density Residential; adoption of a Resolution rezoning the property from Thoroughfare Commercial (CT) to Planned Development (PD) to construct a three-story mixed use project with 3,025 square feet of retail space and 40 dwelling units with the project design recommended by the Architectural Review Committee; and adoption of a Resolution approving the Tentative Parcel Map to create a single lot subdivision for commercial and residential condominiums (CEQ2010-01100; PLN2010-08180 and PLN2010-08250). The City Manager introduced the item and the Director of Planning and Inspection reviewed his memo (11/04/10)and gave an electronic presentation reviewing the design revisions, the Architectural Review Committee’s preferred design option and staff recommendation. Dixie Baus, Director of Affordable Housing for Core Affordable Housing, LLC (applicant), addressed the Council with comments. Ms. Baus and the Director of Planning and Inspection then answered Council questions. Rick Mauck addressed the Council with comments of concern regarding site maintenance and the Director of Planning and Inspection responded with clarifications. With no further public input, MOTION was made by Matthews, seconded and unanimously carried, that the Council close the public hearing. MOTION was then made by Matthews, seconded and unanimously carried, that the Council adopt Resolution No. 10-7791 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION, MAKING FINDINGS WITH RESPECT THERETO, AND ADOPTING A MITIGATION MONITORING OR REPORTING PROGRAM FOR THE PRESIDIO EL CAMINO PROJECT LOCATED AT 1430 EL CAMINO REAL (INCLUDING PROPERTIES ON JEFFERSON AND MADISON STREETS), SANTA CLARA” which adopts a Mitigated Negative Declaration making findings with respect thereto, and adopts a Mitigation Monitoring or Reporting Program (MMRP). MOTION was then made by Matthews, seconded and unanimously carried, that the Council adopt Resolution No. 10-7792 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, RECOMMENDING APPROVAL OF THE GENERAL PLAN AMENDMENT FOR THE PROPERTY LOCATED AT 1430 EL CAMINO REAL (INCLUDING PROPERTIES ON MADISON AND JEFFERSON STREETS), SANTA CLARA” which recommends approval of General Plan Amendment No. 73 on .36 acres of a .82 acre site from Gateway Thoroughfare to High Density Residential. MOTION was then made by Matthews, seconded and unanimously carried, that the Council adopt Resolution No. 10-7793 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, REZONING OF THE PROPERTY LOCATED AT 1430 EL CAMINO REAL (INCLUDING PROPERTIES ON JEFFERSON AND MADISON STREETS), SANTA CLARA” which approves rezoning the property from Thoroughfare Commercial (CT) to Planned Development (PD) to construct a three-story mixed use project with 3,025 square feet of retail space and 40 dwelling units with the project design recommended by the Architectural Review Committee (California Mission and Spanish architectural aesthetic), as amended to remove Conditions of Approval P15, Refer the project design to the Architectural Committee for review and approval (already completed) and P17, The developer shall provide a letter or credit, certificate of deposit or similar instrument guaranteeing the sum necessary to conduct a limited traffic study within one year of project completion and occupancy of the project as determined by the City Traffic Engineer. Should traffic calming be deemed necessary, the developer shall design and construct traffic calming improvements necessary for this project as determined by the City Traffic Engineer (already covered in Condition of Approval E10, Maintain driveway and corner vision triangles as approved by the City Traffic Engineer) and to modify P16, The developer shall have the project design and construction reviewed by a CASp (Certified Access Specialist program) consultant to ensure ADA compliance. Additionally, the applicant shall confer with all future tenants to evaluate their need for ADA accommodation for specific units which they will occupy and agree to any necessary accessibility changes prior to the signing of lease or rental agreements to state that the developer shall comply with disability accessibility requirements of applicable State and Federal Fair Housing regulations. MOTION was then made by Matthews, seconded and unanimously carried, that the Council adopt Resolution No. 10-7794 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, APPROVING THE TENTATIVE PARCEL MAP FOR THE PROPERTY LOCATED AT 1430 EL CAMINO REAL (INCLUDING PROPERTIES ON JEFFERSON AND MADISON STREETS), SANTA CLARA” which approves the Tentative Parcel Map to create a single lot subdivision for commercial and residential condominiums.

 

 

 

     Also as an item of Unfinished Business, the Council proceeded to consider the “Resource Allocation and Reduction in Force Plan” based on the City Manager’s determination that layoffs are needed to achieve the savings needed to avoid a financial crisis. The City Manager reviewed her memo (11/05/10) and the details of the Reduction in Force Plan, which outlines 81.75 City positions, which would be reduced through layoffs effective January 2011, and will only be applicable to those employee bargaining units that choose not to agree to concessions. The report also summarizes the City’s 2010-11 budget and actions taken to address the City’s structural deficit, as well as the continuing need for cost reductions, and describes the reasons for the Reduction in Force Plan. She then reported on the status of negotiations with employee bargaining units, the Layoff Policy provisions in the Memoranda of Understanding and a listing of programs will be affected. She noted that at this time the Miscellaneous Unclassified Management Employees (Unit 9) had voted to approve the City’s reduction request and the Unclassified Police Management Employees (Unit 9A) and Unclassified Fire Management Employees (9B) have conceptually agreed, with specific language to be completed. The City will continue to meet with the remaining bargaining units. She reiterated that this Plan was very difficult to put together and was drafted only as a last resort to deal with an extremely critical and severe financial position that the City is in. A Council discussion followed and the City Manager answered Council questions. The following people addressed the Council expressing concern: Felix Huerta (handout), Megan Zimmershead, Laura Zadel, Voula Brown, John Sanders, Jeremy Ray and Deborah Bress. Further Council comments were made and questions were answered by the City Manager. The following people addressed the Council expressing concern: Larry Sarver, Patrick Beall, Leslie Brown, Michael Vitarelli, JD Madden and Lee Jett. A further Council discussion followed and questions were answered by the City Manager. The following people addressed the Council expressing concern: Vinny Lucero, Garrett Brown, Bob Burkle, Laura Zadel and Dennis Stefani. Further Council discussion followed. MOTION was then made by Kennedy, seconded and carried with Mahan dissenting, that the Council adopt the "Resource Allocation and Reduction in Force Plan" based on the City Manager's determination that layoffs are needed to achieve the savings needed to avoid a financial crisis. The Council duly noted and filed the correspondence received regarding the Reduction in Force Plan received from November 5, 2010 through November 9, 2010 (Executive Assistant to the Mayor and City Council – 11/09/10).

 

     The Council then took a short recess.

 

 

 

     In consideration of the Consent Calendar, the City Manager withdrew the Director of Public Works/City Engineer’s memo (11/02/10) regarding acceptance of the work performed by Northern Underground Construction, Inc. on the Monroe Street Traffic Signal Interconnect Project, an American Recovery and Reinvestment Act (ARRA) of 2009 (Economic Stimulus) Project and authorization to record the Notice of Completion with the County Recorder (CE 08-09-03) (Council approved at a prior meeting).

 

 

 

    

     MOTION was made by Caserta, seconded and unanimously carried (McLeod absent), that, per the Director of Public Works/City Engineer’s memo (11/02/10), the Council adopt Resolution No. 10-7795 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, ESTABLISHING CERTAIN PARKING REGULATIONS ON BARKLEY AVENUE” which repeals Resolution 4363, Section 3, which established a Bus Loading Zone on Barkley Avenue; repeals Resolution 5337, which established a Bus Loading Zone and Passenger Loading Zone on Barkley Avenue; and establishes certain parking regulations on Barkley Avenue, including a No Stopping or Parking at Any Time Zone on the north side of Barkley Avenue from a point 26 feet east of the east curb of Larsen Place to a point 52 feet east of the east curb of Larsen Place; a Passenger Loading Zone on school days between the hours of 7:00 am and 4:00 pm on the north side of Barkley Avenue from a point 189 feet east of the east curb of Larsen Place to a point 310 feet east of the east curb of Larsen Place; a No Stopping or Parking Zone at any time on the north side of Barkley Avenue from a point 310 feet east of the east curb of Larsen Place to a point 341 feet east of the east curb of Larsen Place; a Passenger Loading Zone on school days between the hours of 7:00 am to 4:00 pm on the north side of Barkley Avenue from a point 341 feet east of the east curb of Larsen Place to a point 402 feet east of the east curb of Larsen Place; a No Stopping or Parking at Any Time Zone on the north side of Barkley Avenue from a point 402 feet east of the east curb of Larsen Place to a point 432 feet east of the east curb of Larsen Place; and a Passenger Loading Zone on school days between the hours of 7:00 am and 4:00 pm on the north side of Barkley Avenue from a point 432 feet east of the east curb of Larsen Place to a point 515 feet east of the east curb of Larsen Place.

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried (McLeod absent), that, per the Director of Electric Utility’s memo (11/01/10), the Council approve the use of City Electric forces for the installation of facilities at 4979 Lick Mill Boulevard, 1089 Blackfield Drive, 2861 Warburton Avenue, 3480 Granada Avenue, 2211 Homestead Road, 471 Monroe Street, 890 Pomeroy Avenue, 3690 Carlysle Avenue, 2380 Homestead Road, 3465 Homestead Road, 3301 Monroe Street, 1657 Scott Boulevard, 2387 Sutter Avenue, 2121 Aza Drive, 425 El Camino Real, 1725 Comstock Street and 2000 Lawrence Court.

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried (McLeod absent), that, per the Fire Chief’s memo (as revised 11/02/10), the Council adopt Resolution No. 10-7796 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, FINDING AND DETERMINING THE NEED FOR MODIFICATIONS TO THE INTERNATIONAL FIRE CODE, 2009 EDITION AS ADOPTED AND AMENDED BY THE STATE OF CALIFORNIA” which finds and determines the need for modifications to the 2009 International Fire Code; pass to print Ordinance No. 1867 entitled, “AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA, AMENDING TITLE 15 CHAPTER 15.60 OF ‘THE CODE OF THE CITY OF SANTA CLARA, CALIFORNIA’ ENTITLED ‘THE SANTA CLARA MUNICIPAL FIRE AND ENVIRONMENTAL CODE’ THIS ORDINANCE ADOPTS THE 2009 INTERNATIONAL FIRE CODE, INCLUDING THE STATE OF CALIFORNIA AMENDMENTS AND THE FULL TEXT OF CERTAIN PORTIONS OF THE CODES OF THE STATE OF CALIFORNIA RELATED TO THE SIX CERTIFIED UNIFIED PROGRAM AGENCY (‘CUPA’) PROGRAMS, WHICH ADOPTS THE 2010 SANTA CLARA MUNICIPAL FIRE AND ENVIRONMENTAL CODE” which amends Title 15, Chapter 15.60  of the Santa Clara Municipal Fire and Environmental Code of the City Code, which adopts the 2010 Santa Clara Municipal Fire and Environmental Code; and set December 7, 2010 for a Public Hearing for final adoption of the Ordinance adopting the 2010 Santa Clara Municipal Fire and Environmental Code.

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried (McLeod absent), that, per the Director of Electric Utility’s memo (09/30/10), the Council approve, and authorize the City Manager to execute, Call No. 10-3 for Professional Services with Schweitzer Engineering Laboratories, Inc., in an amount not to exceed $110,000, for Uranium and Walsh Substation Relay Automation and Integration.

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried (McLeod absent), that, per the Director of Electric Utility’s memo (09/30/10), the Council approve, and authorize the City Manager to execute, Amendment No. 1 to the Agreement for Services with GE Mobile Water, Inc. to extend the term of the Agreement to September 30, 2012, at no additional cost, to provide de-mineralized water to the Donald Von Raesfeld (DVR) Power Plant.

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried (McLeod absent), that, per the Director of Electric Utility’s memo (10/15/10), the Council approve, and authorize the City Manager to execute, the Agreement for the Performance of Services with ABB, Inc., in an amount not to exceed $61,000, to provide software maintenance and support for the Donald Von Raesfeld (DVR) Power Plant Generation Digital Control System.

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried (McLeod absent), that, per the Director of Electric Utility’s memo (10/27/10), the Council approve, and authorize the City Manager to execute, Amendment No. 1 to the Legal Services Agreement with Duncan, Weinberg, Genzer & Pembroke, P.C., in an amount not to exceed $500,000, for legal services to support the Electric Utility.

 

 

     MOTION was made by Caserta, seconded and unanimously carried (McLeod absent), that, per the Director of Electric Utility’s memo (10/25/10), the Council approve, and authorize the City Manager to execute, the Agreement for Performance of Services with HPI, LLC, in an amount not to exceed $645,500, to provide Digicon Replacement Units at Cogen and Gianera.

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried (McLeod absent), that, per the Housing and Community Services Division Manager’s memo (10/28/10), the Council approve, and authorize the City Manager to execute, a Loan Assignment and Assumption Agreement to transfer ownership of the Life Services Alternative Housing Complex (810, 830 and 840 Agnew Road) from Bracher, HCD, Inc. to Mas Milagros, LLC and related documents.

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried (McLeod absent), that the Council note and file the following Informational Memos: 2009 Comprehensive Annual Financial Report (CAFR) Award from the Government Finance Officers Association of the United States and Canada (GFOA) (Director of Finance – 11/02/10); Library Journal Index of Public Library Service names Santa Clara City Library as a "Star Library" for Second Consecutive Year (City Librarian – 11/03/10); and 2010-2035 General Plan Update Hearing Items to be heard on November 16, 18 and 30, 2010 [SCH#2008092005/CEQ2008-01070/PLN2008-07267] (Director of Planning and Inspection – 11/02/10).

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried (McLeod absent), that the Council note and file the Minutes of the Senior Advisory Commission for the meeting held on August 23, 2010.

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried (McLeod absent), that the Council note and file the Minutes of the Youth Commission for the meeting held on August 24, 2010.

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried (McLeod absent), that the Council note and file the Minutes of the Youth Commission for the meeting held on September 14, 2010.

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried (McLeod absent), that the Council note and file the Minutes of the Parks and Recreation Commission for the meeting held September 21, 2010.

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried (McLeod absent), that, per the Director of Planning and Inspection’s memo (10/22/10), the Council approve (retroactively) the Special Permit request submitted by Caitlin McNamara, Formula PR - 2362 El Camino Real, for a grand opening parking lot event for Pinkberry Yogurt on October 22, 2010, subject to conditions (PLN2010-08443).

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried (McLeod absent), that, per the Director of Planning and Inspection’s memo (11/02/10), the Council approve (retroactively) the Special Permit request submitted by Danny Thomas, Kaiser Permanente Medical Center - 3840 Homestead Road, to allow a 40' x 40' tent in the parking lot for the grand opening of the new Kaiser Behavioral Health Center on October 29, 2010,  subject to conditions (PLN2010-08442).

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried (McLeod absent), that, per the Director of Planning and Inspection’s memo (10/26/10), the Council approve (retroactively) the Special Permit request submitted by Eric Chynoweth, Orchard Supply Hardware - 3615 El Camino Real, to allow a seasonal Christmas tree sales event from November 9, 2010 to December 24, 2010, subject to conditions (PLN2010-08427).

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried (McLeod absent), that the Council excuse Council Member McLeod from the remainder of this evening’s meeting.

 

 

 

     PUBLIC HEARING: The Mayor declared the hearing open for consideration of the adoption of an Emergency Ordinance extending a Moratorium on medical marijuana dispensaries in the City of Santa Clara (Chief of Police and Interim City Attorney’s memo – 11/09/10). With no public input, MOTION was made by Caserta, seconded and unanimously carried (McLeod absent), that the Council close the public hearing. MOTION was then made by Caserta, seconded and unanimously carried (McLeod absent), that the Council adopt Emergency Ordinance No. 1868 entitled, “AN EMERGENCY ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA, EXTENDING A MORATORIUM ON MEDICAL MARIJUANA DISPENSARIES” which extends a Moratorium on medical marijuana dispensaries in the City of Santa Clara.

 

 

 

     MOTION was made by Matthews, seconded and unanimously carried (McLeod absent), that the Council approve the Board of Library Trustee’s recommendation to change the meeting start time from 7:00 pm to 6:30 pm, effective January 1, 2011, and note and file the Minutes  for the meeting held on October 4, 2010.

 

 

 

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

 

 

 

     The Interim 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; 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 and for a Conference with Legal Counsel (Anticipated Litigation) pursuant to Government Code Section 54956.9(b)(1); Facts and Circumstances: Government Code Section 54956.9(b)(3)(B); Letter from Richard McKee to Mayor and Council , dated November 2, 2010 and that there was no reportable action.

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried (McLeod absent), that, per the Interim City Attorney’s memo (11/04/10), the Council set Tuesday, November 16, 2010 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) 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 Caserta, seconded and unanimously carried (McLeod absent), that there being no further business, the meeting was adjourned at 12:18 am, November 10, 2010, to November 16, 2010 at 5:30 pm for a Closed Session in the Council Conference Room and 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.

 

 

 ATTEST:  ________________________

                     City Clerk

 

APPROVE: ________________________

                     Mayor