MINUTES OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA
FOR MEETING HELD ON TUESDAY EVENING, NOVEMBER 1, 2011

 

 

     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; 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 JMA Ventures, LLC; City Negotiator:  Jennifer Sparacino, City Manager (or her designee); Under Negotiation:  Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment).  The 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); Conference with Real Property Negotiator pursuant to Government Code Section 54956.8; Property:  APN 104-43-030; Negotiating Party(ies):  Santa Clara Stadium Authority 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 & 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 Management Employees; Unit #9B - Unclassified Fire Management Employees; Unit #10 - Public Safety Non-Sworn Employees Association (PSNSEA) were not held.  The Council then met at 6:00 pm in the Reception Lobby area adjacent to the City Clerk’s Office for Parks and Recreation Commission interviews to fill two full term vacancies ending June 30, 2015.

 

 

 

     The Council then met at 7:02 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 Lisa M. Gillmor, Will Kennedy, Patrick Kolstad, Patricia M. Mahan, Jamie McLeod and Kevin Moore and Mayor Jamie L. Matthews.

 

     Staff present: City Manager, Assistant City Manager, Director of Planning and Inspection, Director of Public Works/City Engineer, City Attorney and City Clerk/Auditor.

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that, per the City Clerk/Auditor’s memo (10/27/11) the Council reschedule to January 24, 2012 at 6:00 pm the interviews to fill one vacancy for the full term ending June 30, 2015 on the Cultural Advisory Commission and set January 18, 2012 at 5:00 pm as the deadline for the receipt of applications

 

 

 

     As a Special Order of Business, the Council proceeded with the recognition of outgoing Senior Advisory Commissioner, Foster Lopes (City Clerk/Auditor – 10/24/11).  The City Manager introduced the item and the Mayor, on behalf of the Council, presented a plaque to Mr. Lopes for his service on the Senior Advisory Commission from 2005 - 2011.  Photographs were taken.

 

 

 

     Also as a Special Order of Business, the Council proceeded with the promotion of the upcoming Historic Home Tour and presentation of a donation check to the Historic Home Tour Committee (Senior Staff Aide – 10/18/11).  Muhammad Irfan, President of Whizz Systems, presented the Committee with a donation check in support of the tour.  Maryann Marinshaw, Chair of the Historic Home Tour Committee, addressed the Council regarding the tour on December 2 and 3, 2011.  Photographs were taken.

 

 

 

     Also as a Special Order of Business, the Council proceeded with the presentation of proceeds from the 2011 Santa Clara Art and Wine Festival to local charities (Director of Parks and Recreation – 10/20/11).  Ray Gamma, Vice-chair of the Parks and Recreation Commission, introduced members of the Commission and expressed gratitude to all City staff who assisted with the event.  He then presented checks to the Santa Clara Schools Foundation, the Santa Clara Police Activities League (PAL), the Friends of Santa Clara Parks and Recreation, the Wilcox High School Grad Night Committee and the Santa Clara High School Grad Night Committee.  Photographs were taken.

 

 

 

     Also as a Special Order of Business, the Council proceeded with the appointment of two applicants to fill the vacancies on the Parks and Recreation Commission.  MOTION was made by Moore, seconded and unanimously carried, that, per the City Clerk/Auditor’s memo (10/27/11) the Council appoint Charles "Chuck" Blair and Tino Silva to fill the vacancies on the Parks and Recreation Commission for the full terms ending June 30, 2015.

 

 

 

     Also as a Special Order of Business, the Council proceeded with the presentation of a 375,000 square foot office campus development at 5403 and 5405 Stevens Creek Boulevard by Peery-Arrillaga Developers (Director of Planning and Inspection – 10/17/11 and 10/31/11).  The City Manager introduced the item and the Director of Planning and Inspection then addressed the Council with an electronic presentation displaying general site and zoning maps of the proposed site development.  Ken Rodrigues, architect, addressed the Council with an electronic presentation.  The Director of Planning and Inspection and Mr. Rodrigues then answered Council questions.   

 

 

 

     As an item of Unfinished Business, Kevin Park addressed the Council inquiring if there was any additional information provided regarding the comments of concern raised by Kirk Vartan at the October 25, 2011 meeting on the project process for the property located at 90 North Winchester Boulevard (formerly Bay Area Research and Extension Center [BAREC]).  The City Manager provided an update.  No Council action was taken.

 

 

 

     Also, as an item of Unfinished Business the Council proceeded to review the Informational Memo regarding the tree removal at 900 Kiely Boulevard (former Kaiser Hospital site) for the Gallery at Central Park Project - PR II Kiely Boulevard LLC/Fairfield Residential, LLC.  The City Manager reviewed the Director of Planning and Inspection’s memos (10/27/11 and 11/01/11). The Director of Planning and Inspection then addressed the Council with an electronic presentation highlighting details on the  certified Environmental Impact Report (EIR), Development Agreement and conditions of approval (COA) as it relates to the removal of trees, resident concerns, City staff and developer efforts and next steps. Due to the concerns of the residents from the Pepper Tree neighborhood, tree removal at the project site was halted. The developers are preparing a final comprehensive plan that will identify all trees for which they have the responsibility to remove or retain, including a listing of them by size and species, and with a legend as to how trees will be marked for retention and protection or removal. These plans will be reviewed by City staff, and the developer will then review the plans with a neighborhood group on site, with all trees clearly marked, before staff authorized the conclusion of tree removal work. The Director of Planning and Inspection, Director of Public Works and the City Manager then answered Council questions.  Joe Rooney, Van Langston, Kevin Park and Oscar Bazurto addressed the Council with comments of concern regarding the tree removal.  A Council discussion followed.  Ed McCoy, representing Fairfield Residential, LLC, addressed the Council regarding resident concerns on the tree removal at the project site. The City Manager and Director of Planning and Inspection answered further Council questions and questions raised during public comment.  MOTION was made by Gillmor, seconded and unanimously carried, that, the Council note and file the Informational Memos regarding the tree removal at 900 Kiely Boulevard (former Kaiser Hospital site) for the Gallery at Central Park Project - PR II Kiely Boulevard LLC/Fairfield Residential, LLC.

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that, per the Administrative Analyst to the City Manager’s memo (10/26/11) the Council set November 15, 2011 as a Special Order of Business to provide information regarding the sale of California's Great America Theme Park from Cedar Fair Entertainment Company to JMA Ventures, LLC.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Fire Chief’s memo (10/25/11), the Council accept a donation of an elliptical exercise machine from Mike and Linda Gallagher for use in a fire station and authorize the transmittal of a letter of appreciation signed by the Mayor and City Manager.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Director of Public Works / City Engineer’s memo (10/25/11), the Council adopt Resolution No. 11-7884 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, GRANTING CERTAIN PORTION OF REAL PROPERTY OWNED BY THE CITY OF SANTA CLARA LOCATED AT 1 GREAT AMERICA PARKWAY TO THE CITY OF SANTA CLARA FOR USE AS AN UNDERGROUND ELECTRIC EASEMENT [APN 104-42-014 & 019 (2010-11)]” which grants an underground electric easement on City-owned property located at 1 Great America Parkway and authorize the recordation of the easement with the County Recorder [APN 104-42-014 and 019 (2010-11) SC 18,493].

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Director of Parks and Recreation’s memo (10/24/11) the Council accept a donation from the Santa Clara Rotary Cup, in the amount of $1,000, to help support the 2011 Wade Brummal Foundation and authorize the transmittal of a letter of appreciation signed by the Mayor and City Manager.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Acting Chief of Police’s memo (10/12/11), the Council pass to print Ordinance NO. 1893 entitled “AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA, AMENDING SECTION 10.05.470 (‘USE OF STREETS FOR STORAGE OF VEHICLES PROHIBITED’) OF CHAPTER 10.05 (‘MOTOR VEHICLE AND TRAFFIC REGULATIONS’) OF TITLE 10 (‘VEHICLES AND TRAFFIC’) OF ‘THE CODE OF THE CITY OF SANTA CLARA, CALIFORNIA’ TO DEFINE SUBSTANTIAL MOVEMENT OF A VEHICLE” which amends Section 10.05.470 (Use of Streets for Storage and Vehicles Prohibited) of Chapter 10.05 (Motor Vehicle and Traffic Regulations) of Title 10 (Vehicles and Traffic) of the City Code to define substantial movement of a vehicle.

 

 

 

            MOTION was made by McLeod, seconded and unanimously carried, that, per Acting Director of Water & Sewer Utilities and Director of Electric Utility’s memo (10/26/11), the Council accept the work performed by Mountain Cascade, Inc. for the Industrial 3A - Package 3 Recycled Water Pipeline and Fiber Optic Conduit Crossing at Central Expressway and US Highway 101 and authorize the recordation of a Notice of Completion with the County Recorder.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (10/25/11), the Council approve, and authorize the City Manager to execute, an Agreement and Covenant Running with the Land with Si 30, LLC to defer the installation of City standard sidewalk along the frontage of 2421 Mission College Boulevard and authorize the recordation of the Agreement with the County Recorder (APN 104-41-032; SC 18,512).

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (10/20/11), that the Council approve, and authorize the City Manager to execute, the Fiber Lease Agreement with 360networks, (USA) Inc. for long term dark fiber optics.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (09/29/11), the Council approve and authorize the City Manager to execute, Call No. 11-1 for Professional Services with SAIC Energy, Environmental & Infrastructure, LLC, in an amount not to exceed $69,950, to provide fiber optic consulting services.      

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Director of Parks and Recreation’s memo (10/20/11), the Council approve and authorize the City Manager to execute, an Agreement for the Performance of Services with Council on Aging Silicon Valley, in an amount not to exceed $36,514, for 1,200 hours of case management services at the Senior Center.

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that the Council note and file the Informational Memo regarding the California Public Utilities Commission (CPUC) decision regarding changes to the 408 area code (Director of Information Technology - 10/21/11).

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Director of Planning and Inspection’s memo (10/25/11), the Council note and file the Minutes of the Planning Commission for the meeting of September 28, 2011.

 

 

 

     The Council proceeded to consider the approval of a Resolution of intention to grant or renew non-exclusive franchise agreements for non-exclusive hauling of industrial refuse and recyclables (Acting Director of Street and Automotive Services – 10/12/11).  Council comments were made.  MOTION was made by McLeod, seconded and unanimously carried, that the Council adopt Resolution No. 11-7885 entitled, “A RESOLUTION OF INTENTION OF THE CITY OF SANTA CLARA, CALIFORNIA TO GRANT OR RENEW NON-EXCLUSIVE FRANCHISE AGREEMENTS FOR NON-EXCLUSIVE HAULING OF INDUSTRIAL REFUSE AND RECYCLABLES” for intention to grant or renew non-exclusive franchise agreement(s) for non-exclusive hauling of industrial refuse and recyclables; set December 6, 2011 for a Public Hearing regarding the granting or renewal of the agreements; and authorize the publication of a Notice of Public Hearing.

 

 

 

     The Council proceeded to review the Informational Memo regarding Assembly Bill 341 (AB 341) (Chesbro) - Statewide Commercial Recycling and New Policy Goal of Diverting 75 Percent of Solid Waste Generated by the Year 2020 (Acting Director of Streets and Automotive Services – 10/19/11).  The City Manager answered Council questions.  MOTION was made by McLeod, seconded and unanimously carried, that the Council note and file the Informational Memo regarding Assembly Bill 341 (AB 341) (Chesbro) - Statewide Commercial Recycling and New Policy Goal of Diverting 75 Percent of Solid Waste Generated by the Year 2020.

 

 

 

     Under Public Presentations, Kevin Park addressed the Council with comments of concern regarding the time limit allowed during public presentations.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the City Librarian’s memo (10/24/11) the Council accept estimated revenue, in the amount $16,980.85, in grant funds from Kaiser Permanente for the 2011 Calendar Year in Kaiser Health Wellness (account 072-1241-59650-(G)00460) for support of the Health and Wellness Collection at Santa Clara City Library; approve appropriations of the $16,980.85, as follows:  $1,000 to Library Salary and Wages – As-Needed (account 072-1241-87020-(G)00460) for adult services library staff; $1,500 to Library Salary and Wages – As-Needed (account 072-1231-87020-(G)00460) for youth services library staff; $1,500 to Library Salary and Wages – As-Needed (account 072-1233-87020-(G)00460) for library literacy staff; $1,000 to Library Salary and Wages – As-Needed (account 072-1254-87020-(G)00460) for technical services library staff; $2,500 to Library Printing, Binding and Books (account 072-1231-87580-(G)00460) for juvenile library materials; $1,500 to Library Printing, Binding and Books (account 072-1232-87580-(G)00460) for young adult library materials; $2,000 to Library Printing, Binding and Books (account 072-1233-87580-(G)00460) for the Mission Library Family Reading Center library materials; $5,980.85 to Library Printing, Binding and Books (account 072-1241-87580-(G)00460) for adult library materials; and approve unexpended appropriations to be re-appropriated each fiscal year over the life of the grant.

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried that the Council approve the Bills and Claims and Progress Payments.

 

 

 

     Council Member McLeod made comments regarding recent attendance at the Recycling and Waste Reduction Commission of Santa Clara County (RWRC) meeting and the regional policy recommendation the Commission is supporting regarding the ban of poly styrofoam with food products.  The City Manager answered Council questions.

 

 

 

     Council Member Moore and Council Member Gillmor made comments regarding a recent tour of the Lodi Energy Center.

 

 

 

     Council Member Kennedy made comments regarding recent attendance at the Santa Clara Valley Water Commission (SCVW) meeting and the consideration of the Commission’s proposed Ordinance for water wastage.

 

 

 

     The City Attorney reported that earlier in the evening the Council met at 5:00 pm for a Closed Session in the Council Conference Room 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 JMA Ventures, LLC; 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.  The 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); Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8; Property:  APN 104-43-030; Negotiating Party(ies):  Santa Clara Stadium Authority 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 & 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 Management Employees; Unit #9B - Unclassified Fire Management Employees; Unit #10 - Public Safety Non-Sworn Employees Association (PSNSEA) were not held.

 

 

 

     MOTION was made by Moore, seconded and unanimously carried, that per the City Attorney’s request, the Council set November 2, 2011 at 5:30 pm for a Closed Session in the Building Inspection – Permit Center Conference Room (West Wing of City Hall) 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); Conference with Real Property Negotiator; pursuant to Government Code Section 54956.8; Property:  APN 104-43-030; Negotiating Party(ies):  Santa Clara Stadium Authority 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); 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 JMA Ventures, LLC; 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 & 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 Management Employees; Unit #9B - Unclassified Fire Management Employees; Unit #10 - Public Safety Non-Sworn Employees Association (PSNSEA). 

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the City Attorney’s memo (10/28/11) as amended to revise time, the Council set November 15, 2011 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); Conference with Real Property Negotiator; pursuant to Government Code Section 54956.8; Property:  APN 104-43-030; Negotiating Party(ies):  Santa Clara Stadium Authority 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); 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 JMA Ventures, LLC; 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 & 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 Management Employees; Unit #9B - Unclassified Fire Management Employees; Unit #10 - Public Safety Non-Sworn Employees Association (PSNSEA). 

 

 

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that there being no further business, the meeting was adjourned at 8:52 pm to Wednesday evening, November 2, 2011 at 5:30 pm for a Closed Session in the Building Inspection – Permit Center Conference Room (West Wing of City Hall) and Tuesday evening, November 15, 2011 at 5:00 pm for a Closed Session in the Council Conference Room, 6:00 pm for Interviews to fill vacancies on the Senior Advisory Commission and Housing Rehabilitation Loan Committee in the Lobby Reception area adjacent to the City Clerk's office and to 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.

 

 

 

 

 

 ATTEST:  ________________________

                     City Clerk

 

APPROVE: ________________________

                     Mayor