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.

 

 

January 12, 2010

 

 

6:00 PM
Reception Lobby Area
Senior Advisory Commission Interviews
for the Partial Term Ending June 30, 2010
and
6:30 PM
CLOSED SESSION
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)
[NO REPORTABLE ACTION]
and
Conference with Legal Counsel (Existing Litigation)
Pursuant to Government Code Section 54956.9(a)
Cedar Fair, L.P. v. City of Santa Clara, et al.
Santa Clara County Superior Court No. 109CV158836
[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.

Council Members: Caserta, Kennedy, Kornder, Matthews, McLeod and Moore and Mayor Mahan.

 

3.

APPROVAL OF MINUTES:

 

A.

November 24, 2009.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

B.

December 8, 2009.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

C.

December 15, 2009.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Updates on the League of California Cities, Peninsula Division, and the Local Taxpayer, Public Safety and Transportation Protection Act of 2010 Initiative.

 

B.

Presentation of a donation, in the amount of $2,400, raised by the Wutzit Club Alumni Committee to help support programs at the Walter E. Schmidt Youth Activity Center.

 

C.

Presentation of the 24th Annual Holiday Decoration Awards.

 

D.

Appointment of one applicant to fill the vacancy on the Senior Advisory Commission for the partial term ending June 30, 2010.

 

• ACTION:

Appointed Chuck Roberts.

 

• ASSIGNMENT:

Dir. Parks

 

 

City Clerk

 

E.

Approval to adopt the Behavioral Standards for Public Meetings as part of the City of Santa Clara's Code of Ethics & Values program and refer to the City Manager to review procedural steps.

 

• ACTION:

Adopted the Behavioral Standards for Public Meetings as part of the City of Santa Clara's Code of Ethics & Values program, including listing immigration status as one of the groups not to disparage, and referred to the City Manager the procedural steps, outlined by the City Attorney's Office, including the responsibilities of the presiding officer/body.

 

• ASSIGNMENT:

City Manager

 

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.

Proposed San Francisco 49ers stadium project:

 

1.

Adoption of a Resolution authorizing a Joint Public Hearing on March 9, 2010 with the Redevelopment Agency to consider the proposed Amendment No. 20 to the Redevelopment Plan for the Bayshore North Project, and the accompanying Final Environmental Impact Report (EIR) and final report to the City Council.

 

• ACTION:

Adopted Resolution No. 10-7682.

 

• ASSIGNMENT:

Dir. Planning

 

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 of the plans and specifications for the Benicia Wind Meteorological Data Collection Project (Public Works Contract 2398) and authorization to solicit for bids.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

2.

Adoption of a Resolution amending the rules and regulations of Silicon Valley Power, City of Santa Clara's Electric Utility, with respect to the aggregation of demand response on behalf of retail customers in the City of Santa Clara and authorizing related actions and matters as necessary.

 

• ACTION:

Adopted Resolution No. 10-7683.

 

• ASSIGNMENT:

Dir. Electric

3.

Adoption of a Resolution that establishes a Disabled Parking zone in front of 1671 Homestead Road.

 

• ACTION:

Adopted Resolution No. 10-7684.

 

• ASSIGNMENT:

Dir. Public Works

4.

Adoption of a Resolution establishing a No Stopping, Standing, or Parking at Any Time zone for 460 feet on the north and west sides of Comstock Street, west of Lafayette Street.

 

• ACTION:

Adopted Resolution No. 10-7685.

 

• ASSIGNMENT:

Dir. Public Works

5.

Approval of the use of City Electric forces for installation of facilities at 3000 Corvin Drive; 1600 Walsh Avenue; 616 Park View Drive; and 3840 Homestead Road.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

6.

Adoption of a Resolution establishing a No Stopping, Standing, or Parking at Any Time zone on the north side of Agnew Road, east of Lafayette Street.

 

• ACTION:

Adopted Resolution No. 10-7686.

 

• ASSIGNMENT:

Dir. Public Works

7.

Acceptance of the Santa Clara Convention Center and Convention/Visitor's Bureau Activity Report for the first quarter of Fiscal Year 2009-10.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

8.

Set February 9, 2010 for a Public Hearing to obtain citizen's views on the City's Five Year Consolidated Plan (2010-2015) and Fiscal Year 2010-11 Annual Plan for the use of federal Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) Entitlement Funds and authorization to publish the notice of Public Hearing.  

 

• ACTION:

Approved

 

• ASSIGNMENT:

Housing and Comm Services Div.

9.

Adoption of a Resolution which adopts the Eighth Amendment to the Countywide Nondisposal Facility Element.

 

• ACTION:

Withdrawn

10.

Adoption of a Resolution establishing a No Stopping, Standing, or Parking at Any Time zone on the west side of Jackson Street from a point 160 feet north of the north curb line of Homestead Road to a point 180 feet north of the north curb of Homestead Road.

 

• ACTION:

Adopted Resolution No. 10-7687.

 

• ASSIGNMENT:

Dir. Public Works

11.

Approval to take a position of support for Senate Bill 250 (SB 250 - Florez) - the Pet Responsibility Act regarding the spaying and neutering of dogs and cats; authorization to transmit a letter of support to Senator Florez; and authorization to take follow-up actions as appropriate.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Chief of Police

12.

Approval of the Annual Investment Policy Statement for the City of Santa Clara, its Agencies and Corporations.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance


 

13.

Acceptance of the Outstanding Debt Schedule as of December 31, 2009 for the City of Santa Clara, its Agencies and Corporations including the City's share of various Joint Power Agency debt.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

14.

Approval and authorization (retroactive) to publish the February 2010 Mission City SCENES.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Senior Staff Aide

15.

Acceptance of the Triton Museum of Art semi-annual report of donations to the Museum.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Senior Staff Aide

16.

Note and file the Departmental Activity Report for the month of October 2009.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

17.

Adoption of a Resolution to accept the AB1600 Report on Development Impact Fees for Fiscal Year ended June 30, 2009 and make findings regarding the continuing need for unexpended balances of impact fees as of June 30, 2009.

 

• ACTION:

Adopted Resolution No. 10-7688.

 

• ASSIGNMENT:

Dir. Finance

18.

Adoption of a Resolution approving Amendment No. 1 to the Funding Agreement with Housing Trust of Santa Clara County to extend the term and provide additional funding for the period of July 1, 2009 to June 30, 2011.

 

• ACTION:

Adopted Resolution No. 10-7689.

 

• ASSIGNMENT:

Housing and Comm Services Div.

 

B.

Agreements

 

1.

Approval of the Legal Services Agreement with Fulbright and Jaworski, LLP, in an amount not to exceed $20,000, for bond counsel services related to Electric Department Debt Management.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

2.

Approval of Call No. 10-1 for Professional Services with LinkPath Communications, Inc., in an amount not to exceed $50,000, for Metro Wireless Consulting and Technical Support Services and Call No. 10-2 for Professional Services, in an amount not to exceed $80,000, for Metro Wireless Network Operations Center Monitoring Support Services.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

3.

Approval of Call No. 10-1 for Professional Services with Willdan Energy Services, dba Intergy Corporation, in an amount not to exceed $375,900, for a third party energy efficiency program for Retro-commissioning of City facilities.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

4.

Approval of Amendment No. 6 to the Agreement with Kennedy/Jenks Consultants, Inc. for a change in the scope of work and authorization to make minor, non-substantive changes as approved by the City Attorney's Office.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Water

5.

Approval of a Pole and Street Light Pole Contact Agreement with Pacific Gas & Electric Company (PG&E) to allow for an upgrade of gas meters to the SmartMeter program.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

6.

Approval of the substitution of asbestos abatement subcontractor on the 3575 De La Cruz Boulevard - Site Demolition Project by replacing Eco Bay Services, Inc. with Z-Con Specialty Services, Inc (CE 09-10-04).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

7.

Approval of Call No. 10-1 for Professional Services with NexLevel Information Technology, Inc., in an amount not to exceed $44,250, for consulting services of a Subject Matter Expert to assist in development of a Request for Proposal for Advanced Metering and Smart Grid Technology Aquisition and Infrastructure Project Implementation.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

8.

Approval of Call No. 10-1 for Professional Services with Navigant Consulting, Inc., in an amount not to exceed $25,000, for fiber enterprise revenue requirement and rate design analysis.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

9.

Approval of an Agreement for the Performance of Services with Real Environmental Products, in an amount not to exceed $75,000, to perform repairs to the landfill gas collection system at the closed All Purpose Landfill.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Streets


 

10.

Approval of Amendment No. 1 to the Service Agreement with JE Architects, in an amount not to exceed $7,000, to increase the contract amount for architectural services for the extension of the second floor at the Donald Von Raesfeld Power Plant.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

11.

Approval of Amendment No. 1 to Call No. 09-3 for Professional Services with Harris & Associates, at no additional cost, to extend the term of the Call for preparation of bid documents for electrical service upgrade at the Fiber Optic Central Office located at 1705 Martin Avenue until March 31, 2010.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

 

C.

Reports for Information and Possible Action

 

1.

Report of Proclamations Issued to Individuals with 30 or more Years of Service: William J. Reichmann, Sr. Electrical Utility Engineer, Electric Department.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

D.

Minutes to Note and File

 

1.

International Exchange Commission - December 1, 2009.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

2.

Parks and Recreation Commission - December 15, 2009.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

3.

Parks and Recreation Commission - November 17, 2009.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

E.

Routine Written Petitions for Approval

 

1.

AutoNation, Inc. - 4201 Stevens Creek Boulevard and 55 Kiely Boulevard: Request for a Special Permit to allow a new and used vehicle sales, outdoor display, service and body shop at 4201 Stevens Creek Boulevard and to allow car inventory storage and employee parking at 55 Kiely Boulevard. Staff recommendation: Approval, subject to conditions (PLN2009-07894).

 

• 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.

Chol Chong, representing San Jose Korean Presbyterian Church, 3028 and 3001 Oakmead Drive: Consideration of an appeal of the Planning Commission's denial of the applicant's request for a Conditional Use Permit to allow the use of an existing industrial building for a place of assembly. Staff recommendation: Adoption of a Resolution affirming the December 9, 2009 actions of the Planning Commission to deny the Conditional Use Permit request and approve the Mitigated Negative Declaration and adopt the Mitigation Monitoring and Reporting Program.

 

• ACTION:

Adopted Resolution No. 10-7690.

 

• ASSIGNMENT:

Dir. Planning

 

B.

Acceptance of Citizens Option for Public Safety (COPS) grant funding, in the amount of $100,000, to be used for the purchasing of equipment for the new Communications and Emergency Dispatch Center and authorization to execute the request to the Santa Clara County Supplemental Law Enforcement Oversight Committee (SLEOC) for disbursement of COPS funding.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Chief of Police

 

9.

BOARDS AND COMMISSIONS FOR ACTION:

 

A.

Parks and Recreation Commission Minutes - October 20, 2009: Request to note and file.
* Recommendation to approve an exception to the Facility Use Criteria for the Youth Soccer Park in order to allow a one-time use for the Firefighter Olympics in July 2010 with the following conditions: a) staff monitor the use; b) event organizers work with City staff to assure youth programs are not displaced; c) only the final games be held at the facility; d) that the event be "City sponsored"; and e) event organizers contribute to a local youth charity.

 

• ACTION:

Approved Commission Recommendations and noted and filed the Minutes.

 

• ASSIGNMENT:

Dir. Parks

 

 

City Clerk

 

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.

Stephen Hazel: General comments of concern.

 

12.

REPORTS FOR COUNCIL ACTION:

 

A.

Approval of a Master Purchase and Services Agreement with NICE Systems, Inc., in an amount of $253,810.73, to provide Logging Recorder Equipment and Services for the Emergency Dispatch Relocation and approve estimated revenue and appropriations, in the amount of $55,492.58, from the State 911 Fund.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

 

 

Chief of Police

 

B.

Approval and appropriation of estimated revenue in the amount of $335,000 from the Bay Area Urban Area Security Initiative (UASI) Homeland Security Grant for the purchase of a Lenco BearCat Ballistic Rescue Vehicle and authorization to enter into an Agreement with the City and County of San Francisco, in its capacity as fiscal agent for the UASI Approval Authority, with final review by the City Attorney's Office.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Chief of Police

 

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.

Mayor Mahan: Approval of the appointments to the City Council Committees List for the 2010 calendar year and authorize the filling of one remaining vacancy on the Santa Clara University Liaison/Neighborhood-University Relations Committee (NURC).

 

• ACTION:

Appointed Council Member McLeod, with Council Member Kennedy as an alternate, to the Ethics Committee and Council Member Matthews to the NURC and referred to the City Manager the process for Council Committee appointments.

 

• ASSIGNMENT:

Executive Assistant to Mayor and Council

 

 

City Clerk

 

C.

Acceptance of the Mayor's recommendation for appointment of a Council representative to the California High Speed Rail Authority Policymaker Working Group for 2010.

 

• ACTION:

Appointed Council Member Matthews with Council Member Moore as an alternate.

 

• ASSIGNMENT:

Dir. Public Works

 

D.

Ethics Committee - Minutes of the November 10, 2009 meeting: Request to note and file.
* Recommendation to 1) adopt the Behavioral Standards for City meetings with changes. In addition, legal guidelines and definition of terms should be noted in the final document; 2) approve a voluntary expenditure limit for organizations that register with the City as an active campaign on a City-specific ballot issue, with no enforcement penalties.; and 3) approve that the Voluntary Campaign Expenditure Limit be raised from $30,000 to $35,000 for City elected positions.

 

• ACTION:

Approved the recommendation to approve the Voluntary Campaign Expenditure Limit to be raised from $30,000 to $35,000 for City elected positions; denied the recommendation to approve a voluntary expenditure limit for organizations that register with the City as an active campaign on a City-specific ballot issue; and noted and filed the Minutes.

 

• ASSIGNMENT:

City Manager

 

15.

CITY MANAGER REPORTS:


 

16.

CLOSED SESSION MATTERS:

 

A.

Set Tuesday, January 26, 2010 at 6:00 pm for a Closed Session in the Council Conference Room for Personnel Matters pursuant to Government Code Section 54957(b)(1) for Public Employee Appointment: City Attorney.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Attorney

 

17.

ADJOURNMENT:

 

A.

To Tuesday evening, January 26, 2010 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.