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.

 

 

October 14, 2008

 

 

6:00 pm

Closed Session

Council Conference Room
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 #3 - IBEW Local 1245 (International Brotherhood of Electrical Workers),
Unit #4 - City of Santa Clara Professional Engineers,
Units #5, 7 & 8 - City of Santa Clara Employees Association,
Unit #6 - AFSCME Local 101 (American Federation of State, County and Municipal Employees),
Unit #9 - Miscellaneous Unclassified Management Employees and
Unit #10 - PSNSEA (Public Safety Non-Sworn Employees Association)
[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 Caserta, Kennedy, Kolstad, Kornder, McLeod, and Moore and Mayor Mahan.

 


 

3.

APPROVAL OF MINUTES:

 

A.

Joint City Council/Planning Commission meeting of September 10, 2008.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

B.

September 16, 2008.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Appointment and introduction of two new 2008-09 Santa Clara Youth Commissioners.

 

• ACTION:

Appointed Ayumi Gothberg and Kristina Little.

 

• ASSIGNMENT:

Dir. Parks

 

B.

Recognition of the Briarwood El Camino Little League 11-12 year old All Star Section 5 Champions.

 

C.

Recognition of Byington Steel Treating, Inc. for services to the Santa Clara Community since 1952.

 

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.

Note and file the Departmental Activity Report for August 2008.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

2.

Adoption of a Resolution to oppose Proposition 7, the Solar and Clean Energy Act of 2008 and authorization to take follow-up actions as appropriate.

 

• ACTION:

Adopted Resolution No. 08-7568.

 

• ASSIGNMENT:

Dir. Electric

3.

Approval for use of City Electric forces for the installation of facilities at various locations.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

4.

Approval to set the salary of newly-hired Community Service Officer I, Victoria Cruz, at Step 3, Salary Plan H, Grade 17.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Chief of Police

5.

Set November 18, 2008 for a Public Hearing to obtain citizens' views on the City's Housing and Community Development Needs for the Fiscal Year 2009-10 Annual Consolidated Plan and authorization to publish the Notice of Public Hearing.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Housing and Comm Services Div.

6.

Set October 28, 2008 for a Public Hearing to consider the Agreement with Bernadette M. Delgado to construct and maintain a 3 foot 9 inch high iron fence and gate within the public right-of-way at 1375 Jefferson Street and authorize the Notice of Public Hearing (APN 269-03-049; S.C. 18,315).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

7.

Acceptance of the August 2008 financial status reports.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

8.

Set November 18, 2008 for consideration of the Quarterly Report for the 2007-2009 City Council Principles and Priorities.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

9.

2009 Mission City SCENES and Utility Bill Inserts/Proposed Topics Schedule.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Senior Staff Aide

 

B.

Agreements

 

1.

Approval of Amendment No. 2 to the Agreement with Vavrinek, Trine, Day & Co., LLP to increase the contract amount by $25,000 to $205,100 in 2008-09 and to a total not to exceed amount of $913,100 over five years for financial audit and consulting services and authorization to execute future engagement letters and other documents related to the Agreement.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

2.

Approval of Call No. 08-4 with Milton Security Group, LLC, in an amount not to exceed $53,900, for subscriber and wifi management for the Electric Department Marketing Division.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

3.

Approval of Call No. 08-4 with Flynn Resource Consultants, Inc., in an amount not to exceed $500,000, for consulting support services in litigation related activities for the Electric Department Resources Division.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

4.

Approval of a Service Agreement with TransCanada Turbines, Inc., in an amount not to exceed $150,000, for LM6000 Combustion Turbine Maintenance and Repair at the Donald Von Raesfeld (DVR) Power Plant.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

 

C.

Reports for Information and Possible Action

 

1.

Santa Clara City Library's Placement on the 2008 Hennen's American Public Library Ratings (HAPLR).

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

2.

The October 2008 issue of "Western City" Magazine features Operation Meltdown.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 


 

D.

Minutes to Note and File

 

1.

Board of Library Trustees - August 4, 2008.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

2.

Cultural Advisory Commission - August 4, 2008.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

3.

International Exchange Commission - September 2, 2008.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

E.

Routine Written Petitions for Approval

 

1.

Kaiser Permanente/Danny Thomas Company: Request for a Special Permit to allow the placement and use of a tent at 3850 Homestead Road from October 23-25, 2008. Staff Recommendation: Approval subject to conditions.

 

• 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.

Adoption of a Resolution establishing the overweight and oversize vehicle loads permit fee and procedure at sixteen dollars  ($16) per single trip and ninety dollars ($90) per year.

 

• ACTION:

Adopted Resolution No. 08-7569.

 

• ASSIGNMENT:

Dir. Public Works

 

B.

Planning Commission recommendation for adoption of a Resolution to adopt the mitigated negative declaration and rezone from A (Agriculture) to B (Public) to allow amendment of the existing conditional use permit to construct a 215 space parking lot on an undeveloped parcel at 2800 Mission College Boulevard, Our Lady of Peace Church (APN 104-16-089) (PLN2008-06863).

 

• ACTION:

Adopted Resolution No. 08-7570 adopting the Mitigated Negative Declaration and approving the project as amended.

 

• ASSIGNMENT:

Dir. Planning

 

 

9.

BOARDS AND COMMISSIONS FOR ACTION:

 

A.

Minutes of the Planning Commission for the meeting of September 24, 2008: Request to note and file.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

10.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

11.

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.

 

A.

Kevin Park:  Comments regarding public input and responses.

 

12.

REPORTS FOR COUNCIL ACTION:

 

A.

Approval of appropriations in the Bicycle and Pedestrian Improvements 2008-2011 project and estimated revenue from the Transportation Development Act (TDA) grant funds in the amount of $72,566.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

 

B.

Adoption of the Employer Negotiations Principles for distribution to the employee organizations that are currently negotiating with the City for successor Memoranda of Understanding.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Human Resources

 

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:  Comments regarding JW House Opening Friday, October 24, 2008.

 

15.

CITY MANAGER REPORTS:

 

A.

Deputy City Manager:   Announced that the  Santa Clara City Library ranked No. 3 in the nation for  their population group, and noted  the schedule for the rebroadcasting  of the Candidate Forum on Cable Channel 15 and that it can be viewed online via the City's website.

 

16.

CLOSED SESSION MATTERS:

 

A.

Set October 28, 2008 at 5:00 pm for a Closed Session in the Council Conference Room 1) pursuant to Government Code Section 54956.8 for a Conference with Real Property Negotiator 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 2) pursuant to Government Code Section 54957.6 for a Conference with Agency Labor Negotiator; City Negotiator: City Manager (or her designee); Employee Organization(s): Unit #3 - IBEW Local 1245 (International Brotherhood of Electrical Workers), Unit #4 - City of Santa Clara Professional Engineers, Unit #5, 7 & 8 - City of Santa Clara Employees Association, Unit #6 - AFSCME Local 101 (American Federation of State, County and Municipal Employees), Unit #9 - Miscellaneous Unclassified Management Employees and Unit #10 - PSNSEA (Public Safety Non-Sworn Employees Association); and for a Conference with Legal Counsel (Anticipated Litigation) pursuant to Government Code Section 54956.9(b); City as a potential defendant: 1 (number of distinct cases or potential cases to be discussed).

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Attorney

 

17.

ADJOURNMENT:

 

A.

To Tuesday, October 28, 2008 at 5:00 pm for a Closed Session in the Council Conference Room, 6:00 pm in the Reception Lobby Area for Interviews for the Cultural Advisory Commission and the Historical and Landmarks Commission and to 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.