CITY OF SANTA CLARA

www.santaclaraca.gov

 

CITY COUNCIL MEETING

 

AGENDA

 

May 19, 2009

 

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.

 

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)

 

 

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:

 

3.

APPROVAL OF MINUTES:

 

A.

April 21, 2009.

 

B.

April 30, 2009 - Special Meeting.

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

City of Santa Clara receives Silicon Valley's Inaugural "Most Prepared City" Award from the American Red Cross.

 

B.

Promotion of the opportunity to serve on the Cultural Advisory Commission.

 

C.

Promotion of the opportunity to serve on the Senior Advisory Commission.

 

D.

City Council, Redevelopment Agency and Sports and Open Space Authority Joint Study Session on the City's Proposed Annual Budget and the Municipal Fee Schedule for Fiscal Year 2009-10.

 

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.)

 

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 partner with the City of Sunnyvale in securing grant monies to fully fund a study for the Lawrence Station Area.

2.

Approval to extend the Leave of Absence for Chad Wozniak, Electric Division Manager, through January 4, 2010.

3.

Approval and authorization to publish the proposed July 2009 Mission City SCENES.

4.

Adoption of a Resolution authorizing the filing of an application with the Metropolitan Transportation Commission for allocation of a 30% Transportation Development Act (TDA) Article 3 Funding for Fiscal Year 2009-10, for the San Tomas Aquino Creek Trail - Reach 4 Pruneridge Avenue Class II Bicycle Lanes.

5.

Approval of the use of City Electric forces for installation of facilities at Sal Caruso Design Duplex, 1470 and 1472 Lafayette Street [behind (E) single family home at 1458 Lafayette].

6.

Approval of the use of City Water Utility forces for the installation of facilities at 3840 Homestead Road.

7.

Adoption of a Resolution approving the Water Supply Assessment for Santa Clara Station Area Plan Development Application.

 

 

 

8.

Adoption of Ordinance No. 1844 approving a Development Agreement with EOP-Industrial Portfolio, LLC and CA-Santa Clara Office Center Limited Partnership for the property located at 2620-2727 Augustine Drive (includes properties on Bowers Avenue and Scott Boulevard).

9.

Set June 9, 2009 for a Public Hearing to consider the adoption of a Resolution regarding the Use of Building Inspection Reserve Funds and authorization to publish the Notice of Public Hearing.

10.

Approval to repeal Resolution No. 09-7605 and adoption of a revised Resolution finding that the proposed roller coaster at California's Great America is exempt from the California Environmental Quality Act (CEQA) and approving a height variance of up to 111 feet, with conditions of approval.

11.

Approval to Set June 9, 2009 for a Public Hearing for certification of the Final Environmental Impact Report (FEIR) and related Project Entitlements for 900 Kiely Boulevard (The Gallery at Central Park); approval to continue the Public Hearing to June 10, 2009 and authorization to publish the Notice of Public Hearing.

12.

Adoption of a Resolution finding that a severe financial hardship will exist if additional City Property Tax Funds are seized and additional unfunded mandates are adopted by the State of California and authorization for the City Manager to take follow up actions as appropriate. 

13.

Adoption of a Total Compensation Array for the International Brotherhood of Electrical Workers Local 1245 (IBEW Unit #3), which includes a 5% salary increase effective December 14, 2008, and that the Council delegate authority to the City Manager to approve the distribution of Total Compensation as well as sign and execute the Memorandum of Understanding and to make any changes to the array based on the Union's decision related to any adjustments to their discretionary allocations and approve the final total compensation array.

 

B.

Agreements

 

1.

Approval of a Release of Covenant Running with the Land releasing interest in the property located at 2530 Lafayette Street and authorization to record the Release of Covenant with the County Recorder (APN 224-60-004; S.C. 18,384).

2.

Approval of a Fiber Lease Agreement with Akamai Technologies, Inc., for long term use of dark fiber routes. 

3.

Approval of a Fiber Lease Agreement with the Santa Clara Unified School District to provide dark fiber optic connections.

4.

Approval of Call No. 09-2 with E Source Companies, LLC, in an amount not to exceed $11,900, for assistance in submitting data to the California Air Resources Board and to the California Climate Action Registry.

 

 

 

5.

Approval of Call No. 09-1 with Paragon Partners, LTD., in an amount not to exceed $499,400, in support of the Santa Clara Unified School District Fiber Interconnection Project.

6.

Approval of a Third Amendment to the Master Agreement for Wastewater Treatment between the City of San Jose, Cupertino Sanitary District and the City of Santa Clara and the Fourth Amendment to the Master Agreement for Wastewater Treatment between the City of San Jose, West Valley Sanitation District and the City of Santa Clara which allows for each agency to reduce outstanding indebtedness through individual cash payments incurred for San Jose/Santa Clara Water Pollution Control Plant improvements constructed.

7.

Approval of an Agreement for the Performance of Services with Fairway Painting Associates, in an amount not to exceed $311,202, for concrete and roof coatings/maintenance at the Santa Clara Convention Center parking garage and Lafayette Street railroad pedestrian overpass and authorization the City Manager to execute change orders which do not exceed $31,121, or 10% of the agreement amount.

8.

Approval of Amendment No. 1 to Call No. 09-1 with Nolte Associates, Inc., in an amount not to exceed $97,995, for the De La Cruz Boulevard tri-level guardrail replacement and other street resurfacing projects - bid packages.

9.

Approval of an Agreement with Galedrige Construction, Inc., in the amount of $149,985, for the 2009 Asphalt Removal and Repair Project and authorization the City Manager to execute change orders which do not exceed $37,496, or 25% of the agreement amount.

10.

Approval of an Agreement with American Lighting, in an amount not to exceed $98,292, to purchase and install low energy use lighting fixtures at the Santa Clara Convention Center Complex (Maintenance Assessment District #183) parking garage and authorization the City Manager to execute change orders which do not exceed $9,828, or 10% of the agreement amount.

 

C.

Reports for Information and Possible Action

 

1.

Completion of Wastewater Rate Study.

2.

City of Santa Clara Resident Population Number as of January 1, 2009 is 117,242.

 

D.

Minutes to Note and File

 

1.

Cultural Advisory Commission - May 4, 2009.

2.

Historical and Landmarks Commission - February 5, 2009.

 

 

 

 

E.

Routine Written Petitions for Approval

 

1.

Safeway, Inc., 3970 Rivermark Plaza:  Request for approval of a Special Permit to allow a temporary outdoor cooking promotional trailer to be operated at the parking lot from May 22-24, 2009 (PLN2009-07587).  Staff Recommendation:  Approval subject to conditions.

2.

St. Clare Parish School, 725 Washington Street:  Request for approval of a Special Permit to allow the use of the school parking lot for a Community Festival event from June 5-7, 2009 (PLN2009-07565).  Staff Recommendation:  Approval subject to conditions.

3.

Brotherhood of St. Anthony Council #1:  Request to hold the annual celebration parade on Sunday, July 12, 2009, from 9:30 am to 12:30 pm beginning and ending at the S.E.S. Hall, 1375 Lafayette Street.  Staff Recommendation:  Approval.

4.

S.E.S. Corporation (Sociedade do Espirito Santo), 1375 Lafayette Street:  Request for street closures on Lafayette Street between Lewis and Harrison Street on June 6, 2009 and procession on June 7, 2009.  Staff Recommendation:  Approval, subject to conditions.

 

8.

BOARDS AND COMMISSIONS FOR ACTION:

 

A.

Civil Service Commission - Minutes of May 11, 2009:  Request to note and file.
* Recommendation to approval the modifications to the specification for Senior Materials Handler. 

 

B.

International Exchange Commission - Minutes of May 5, 2009:  Request to note and file.
* Recommendation to authorize Mayor Mahan to visit Limerick Ireland during her scheduled trip for the Annual Sister Cities International Conference in Belfast Ireland to sign a letter of intent pursuing a Friendship City relationship between Limerick and Santa Clara.

 

C.

Parks and Recreation Commission - Minutes of April 21, 2009:  Request to note and file.
* Recommendation to approve the refund of the Amplified Sound Permit Fee of $30 for the American Cancer Society Relay for Life fundraiser event.

 

1.

Staff report in support of the Commission's Recommendation.

 

9.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

10.

PUBLIC PRESENTATIONS:

 

This portion of the meeting is reserved for persons desiring to address the Council on any matter not on the agenda.  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 its staff, may briefly respond to statements made or questions posed and may request the City Manager to report back at a subsequent meeting.  Please submit to the City Clerk your name and subject matter on forms available by the door in the Council Chambers.

 

11.

REPORTS FOR COUNCIL ACTION:

 

A.

Approval of additional appropriations and transfer of funds in Fiscal Year 2008-09, for the purchase and installation of a Light Emitting Diode (LED) Scoreboard at Washington Park Baseball Field, in the amount of $25,000.

 

B.

Approval to refer the proposed Ordinance amending the City Code regarding reversion of commercial uses to residential uses for historic structures to the Historical and Landmarks Commission and the Planning Commission for review and to provide recommendations to Council at a noticed public hearing.

 

C.

Acceptance of a donation of $1,000 from the San Jose Pioneer Lions Club to purchase supplies for the Fire Department's smoke detector replacement program, approval of estimated revenue and appropriations of $1,000 and to carry forward unspent funds to future years, and authorization to transmit a letter of appreciation.

 

12.

BILLS AND CLAIMS/PROGRESS PAYMENTS:

 

(Lists are available in the Council Office and the City Clerk's Office.)

 

A.

Approval of Bills and Claims and Progress Payments.

 

13.

REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

 

A.

Reports regarding conference attendance, if any.

 

14.

CITY MANAGER REPORTS:

 

15.

CLOSED SESSION MATTERS:

 

A.

Set Tuesday evening, June 9, 2009 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 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).

 

16.

ADJOURNMENT:

 

A.

To Tuesday evening, June 9, 2009 at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.