SUMMARY OF ACTIONS TAKEN BY

CITY OF SANTA CLARA CITY COUNCIL

THIS DOCUMENT IS PREPARED AS A SUMMARY ONLY AND IS NOT INTENDED TO BE AN OFFICIAL RECORD OF CITY COUNCIL ACTIONS. THE OFFICIAL MINUTES OF EACH MEETING ARE AVAILABLE IN THE CLERK’S OFFICE APPROXIMATELY THREE WEEKS FOLLOWING THE MEETING.

 

 

November 16, 2010

 

 

5:30 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)
[NOT HELD]
and
Conference with Agency Labor Negotiator
pursuant to Government Code Section 54957.6
City Negotiator: Jennifer Sparacino, City Manager (or her designee)
Employee Organization(s):
Unit #1 - Santa Clara Firefighters Association, IAFF, Local 1171
Unit #2 - Santa Clara Police Officer's Association
Unit #3 - International Brotherhood of Electrical Workers, IBEW, Local 1245
Unit #4 - City of Santa Clara Professional Engineers
Units #5,7 and 8 - City of Santa Clara Employees Association
Unit #6 - American Federation of State, County and Municipal Employees, AFSCME, Local 101
Unit #9 - Miscellaneous Unclassified Management Employees
Unit #9A - Unclassified Police Employees
Unit #9B - Unclassified Fire Management Employees
Unit #10 - Public Safety Non-Sworn Employees Association, PSNSEA
[NO REPORTABLE ACTION]
and
Conference with Legal Counsel
(Anticipated Litigation) pursuant to Government Code Section 54956.9(c)
City/Agency as potential plaintiff
1 (number of claims or cases to be discussed)
[NO REPORTABLE ACTION]

 

 

REGULAR MEETING

7:00 PM in the City Hall Council Chambers

 

 

APPEAL OF HEARING DECISIONS OF THE CITY COUNCIL MUST BE MADE TO THE SUPERIOR COURT WITHIN 90 CALENDAR DAYS OF FINAL ACTION. BECAUSE OF THE AGENDA PROVISION FOR RECONSIDERATION, FINAL ACTION IS DEEMED TO OCCUR AT THE END OF THE NEXT REGULAR MEETING PURSUANT TO CITY COUNCIL POLICY (P&P 042). (CODE OF CIVIL PROCEDURE SECTION 1094.6)

 

1.

PLEDGE OF ALLEGIANCE AND INVOCATION PRAYER:

 

2.

ROLL CALL:

 

A.

Present: Council Members Kennedy, Kornder, Matthews, McLeod and Moore and Mayor Mahan. Absent: Council Member Caserta (excused).

 

3.

APPROVAL OF MINUTES:

 

4.

CONTINUANCE/EXCEPTIONS:

 

A.

Addition of an item under Special Order of Business for a presentation by the Silicon Valley Leadership Group to announce the  2010 Turkey Trot.

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Presentation of proceeds from the 2010 Santa Clara Art and Wine Festival to local charities.

 

B.

Presentation by the Silicon Valley Leadership Group announcing the 2010 Turkey Trot.

 

6.

UNFINISHED BUSINESS:

 

A.

Possible Reconsideration of Actions Taken at Immediately Preceding Meeting. (See Summary of Actions for potential reconsideration, which is attached to the posted Agenda and is in the Agenda Packet Binder in the Council Chambers.)

 

B.

2010-2035 General Plan Update including comments on the Bayshore North Redevelopment Plan Amendment No. 22, comments on the University Project area Redevelopment Plan Amendment No. 3, the Environmental Impact Report for the 2010-2035 General Plan Update, the 2009-2014 Housing Element, an Override of the County of Santa Clara Airport Land Use Commission's Determination of Inconsistency of the 2010-2035 General Plan with the 1992 County-wide Comprehensive Land Use Plan for Areas Around San Jose International Airport, the 2010-2035 General Plan (GPA No. 70) and Individual General Plan Land Use Designation Amendments (GPA No. 70.1-70.21), an Amendment to the Bayshore North Redevelopment Area Plan No. 22, and an Amendment to the University Project Area Redevelopment Plan No. 3 (SCH#2008092005/CEQ2008-01070/PLN2008-07267).

 

1.

Joint City Council/Redevelopment Agency Public Hearing
Comments on the Bayshore North Redevelopment Plan Amendment No. 22.

2.

Joint City Council/Redevelopment Agency Public Hearing
Comments on the University Project Area Redevelopment Plan Amendment No. 3.

3.

Public Hearing
Adoption of a Resolution certifying the Final Environmental Impact Report for the 2010-2035 General Plan of the City of Santa Clara, including the adoption of a Statement of Overriding Considerations in accordance with the California Environmental Quality Act (CEQA).

 

• ACTION:

Adopted Resolution No. 10-7797.

 

• ASSIGNMENT:

Dir. Planning

4.

Public Hearing
Adoption of a Resolution approving and certifying the 2009-2014 Housing Element of the General Plan.

 

• ACTION:

Adopted Resolution No. 10-7798.

 

• ASSIGNMENT:

Dir. Planning

5.

Public Hearing
Adoption of a Resolution adopting Overriding Findings regarding the Santa Clara County Airport Land Use Commission (ALUC) Determination of Inconsistency for the proposed Santa Clara 2010-2035 General Plan with the 1992 County-wide Land Use Plan for the Areas Surrounding Santa Clara County Airports.

 

• ACTION:

Adopted Resolution No. 10-7799.

 

• ASSIGNMENT:

Dir. Planning

6.

Public Hearing
Adoption of a Resolution approving the General Plan Amendment No. 70 for the 2010-2035 General Plan and including 21 individual General Plan Amendments to various properties (GPA 70.1-70.21).

 

• ACTION:

Adopted Resolution No. 10-7800 and approved proposed Amendments for various properties, including a 90% solid waste reduction target

 

• ASSIGNMENT:

Dir. Planning

7.

Joint City Council/Redevelopment Agency Public Hearing
Adoption of an Agency Resolution approving Amendment No. 22 to the Bayshore North Redevelopment Area Plan and pass to print of an Ordinance approving and adding the proposed Amendment No. 22 to the Bayshore North Redevelopment Area Plan.

 

• ACTION:

Continued to November 30, 2010.

 

• ASSIGNMENT:

Dir. Planning


 

8.

Joint City Council/Redevelopment Agency Public Hearing
Adoption of an Agency Resolution approving Amendment No. 3 to the University Project Area Redevelopment Plan and pass to print of an Ordinance approving and adding the proposed Amendment No. 3 to the University Project Area Redevelopment Plan.

 

• ACTION:

Continued to November 30, 2010.

 

• ASSIGNMENT:

Dir. Planning

9.

Correspondence received as of November 12, 2010.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

C.

Proposed San Francisco 49ers stadium

 

1.

Continuance of the Public Hearing regarding the proposed amendment to the Bayshore North Redevelopment Plan for the stadium project to a date uncertain.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

2.

Informational Memo: Billing Procedure for Police Escort Service for the San Francisco 49ers.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

D.

Presidio El Camino Real Project located at 1430 El Camino Real (including properties on Jefferson and Madison Streets)
Adoption of the Final Relocation Impact Statement and Last Resort Housing Plan by CORE Affordable Housing, LLC for the proposed El Camino Affordable Housing Project located at 1410-1456 El Camino Real.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Housing and Comm Services Div.

 

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.

Adoption of a Resolution increasing the City's parking penalty base fines by $3 to comply with the requirements of Senate Bill 857.

 

• ACTION:

Adopted Resolution No. 10-7801.

 

• ASSIGNMENT:

Chief of Police


 

2.

Approval of the Stipulations with Request for Award to settle the claims for injuries Richard Green, retired police officer, sustained on February 22, 1997 and on November 23, 1997.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Human Resources

3.

Acceptance of the work performed by International Surfacing Systems for the Improvements of De La Cruz Boulevard, Coleman Avenue, Saratoga Avenue, Monroe Street, Kiely Boulevard and Washington Street Streets Reseal, ADA Ramps, Curbs, Gutters, and Sidewalk Replacement 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 08-09-04).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

4.

Acceptance of the work performed by Page Construction Company on the Emergency Dispatch Relocation and authorization to record the Notice of Completion with the County Recorder (CE 07-08-04).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

5.

Acceptance of the Santa Clara Convention Center and Convention/Visitor's Bureau (SCCC-CVB) Activity Report for Fiscal Year 2010-11 First Quarter.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

6.

Approval and authorization to publish the February 2011 Mission City SCENES.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

7.

Approval for the use of City Electric forces for the installation of facilities at 555 Reed Street, 2499 Homestead Road, 3510 Warburton Avenue, 2072 Briarwood Drive, 1526 Main Street, 2211 Monroe Street, 1110 Moraga Street, 2606 Newhall Street, 430 Cedar Way, 3336 Duke Court, 131 Saratoga Avenue, 470 Saratoga Avenue and 1190 Wood Duck Avenue.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

8.

Approval to publish the Notice of Availability of Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) Funding and authorization to distribute the 2011-2012 Application Form and Instructions.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Housing and Comm Services Div.


 

9.

Note and file the Departmental Activity Report for the month of September 2010.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

10.

Acceptance of the donation from the South of Forest Neighborhood Association (SOFNA) and contributors, in the amount of $1,512, for the purchase of an additional barbecue pit, picnic table and plant material for Parkway Park and authorization to transmit letters of appreciation.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Parks

11.

Approval to appoint Admas Zewdie, James Redfield and Evan Von Kugelgen to the Bicycle Advisory Committee for terms expiring December 31, 2013.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

 

B.

Agreements

 

1.

Approval of Change Order No. 11 with Page Construction Company, Inc., for a net increase not to exceed $86,000, for the Emergency Dispatch Relocation Project to address issues found during construction (CE 07-08-04).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

2.

Approval of Amendment No. 1 to the Agreement for Services with Pump Repair Service Company, in an amount not to exceed $300,000 for a total not to exceed amount of $450,000, for the repair and inspection of pumps and appurtenances at City well sites.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Water

3.

Approval of Amendment No. 1 to the Agreement for the Performance of Services with Able Underground Construction, Inc., in an amount not to exceed $200,000 for a total not to exceed amount of $250,000, for the cleaning and Closed Circuit Television (CCTV) Inspection of sanitary sewer mains and laterals.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Water

4.

Approval of a Call Agreement with Electrical Distribution Design, Inc. and Call No. 10-2 for Professional Services, in an amount not to exceed $75,000, for engineering services to integrate data and build an electrical transmission system model.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

5.

Approval of Call No. 10-1 for Professional Services with Electrical Reliability Services, Inc., in an amount not to exceed $303,640, for substation testing and commissioning services for Kenneth Substation.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

6.

Approval of Amendment No. 1 to Call No. 09-1 for Professional Services with KEMA Services, Inc., at no additional cost, to extend the term of the Call to March 31, 2011.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

7.

Approval of Amendment No. 5 to the Implementation Agreement with Santa Clara Valley Transportation Authority (VTA) and Clear Channel Outdoor to extend the term of the Agreement for the Transit Shelter Advertisement Program and shelter maintenance for two years at a reduced level.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

 

C.

Reports for Information and Possible Action

 

1.

Continuing need for 7% electric rate increase for January 1, 2011 as authorized by the City Council on November 18, 2009.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

D.

Minutes to Note and File

 

E.

Routine Written Petitions for Approval

 

1.

Andrew Sutton, 2821 Mission College Boulevard: Approval of a Special Permit request to allow a 50' x 120' tent in the parking lot on November 10, 2010. Staff Recommendation: Approval (retroactive).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

 


 

8.

ITEMS SET FOR HEARING:

 

[Planning Commission items not being appealed, or which are not related to an appeal, will be heard under BOARDS AND COMMISSIONS FOR ACTION.]  If you challenge a City Council land use decision in court, you may be limited to raising only those issues you or someone else raised at this hearing before the City Council or in written correspondence delivered to the City at, or prior to, the City Council hearing on the matter.  (California Government Code Section 65009)

 

A.

Housing and Community Needs for the Fiscal Year 2011-12 Annual Plan for the use of Federal Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) Entitlement Funds.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

 

9.

BOARDS AND COMMISSIONS FOR ACTION:

 

10.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

11.

PUBLIC PRESENTATIONS:

 

This item is reserved for persons to address the Council on any matter not on the agenda that is within the subject matter jurisdiction of the City. The law does not permit Council action on, or extended discussion of, any item not on the agenda except under special circumstances. The Council, or staff, may briefly respond to statements made or questions posed, and the Council may request staff to report back at a subsequent meeting. Although not required, please submit to the City Clerk your name and subject matter on forms available by the door in the Council Chambers.

 

A.

Deborah Bress: Comments of concern regarding police escort services for San Francisco 49ers.

 

12.

REPORTS FOR COUNCIL ACTION:

 

A.

Note and file the necessary documents pertaining to the request from Cedar Fair, L.P. and its subsidiary Cedar Fair Southwest to replace the existing KeyBank credit facility with the JPMorgan Chase Bank credit facility.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

B.

Approval of the transfer, in the amount of $6,204,471, to cover expenditures from Fiscal year 2009-10 from the General Contingency Reserves for Working Capital (Emergency Reserve) to General Operating Fund Operating Cash.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

 


 

C.

Approval to rescind the "Open Letter to Santa Clarans" regarding budgetary issues electronically posted by Mayor Mahan on October 20, 2010 and either a) approve the "Open Letter to Santa Clarans", b) approve the "Open Letter to Santa Clarans" with revisions, or c) take no action.

 

• ACTION:

Recinded and took no action.

 

• ASSIGNMENT:

City Attorney

 

D.

Informational Memo: Filling a Vacancy on the City Council.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

E.

Informational Memo: History and Options for Filling a Vacancy on City Council.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

13.

BILLS AND CLAIMS/PROGRESS PAYMENTS:

 

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

 

A.

Approval of Bills and Claims and Progress Payments.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

 

14.

REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

 

A.

Reports regarding conference attendance, if any.

 

B.

Council Member McLeod: Noted that at the Recycling Waste and Reduction Committee meeting will set their annual goals at the upcoming December meeting.

 

C.

Mayor Mahan: Recognized Santa Clara Convention Center for receiving a Waste Reduction Award for the 8th consecutive year.

 

15.

CITY MANAGER REPORTS:

 


 

16.

CLOSED SESSION MATTERS:

 

A.

Set Tuesday, November 30, 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 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; and Unit #10 - Public Safety Non-Sworn Employees Association, PSNSEA.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Attorney

 

17.

ADJOURNMENT:

 

A.

In Memory of Gary Kerr (husband to Captain Sheri Kerr, Fire Department) and William "Willie" Della Maggiore (brother to Gloria Citti of Citti's Florist) to Thursday evening, November 18, 2010 at 6:30 pm for a Closed Session in the Council Conference Room, to Tuesday evening, November 30, 2010 at 5:30 pm for a Closed Session in the Council Conference Room and 7:00 pm for a Special Meeting in the City Hall Council Chambers and to Tuesday evening, December 7, 2010 at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.