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.

 

 

August 19, 2008

 

 

 

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)
[No Reportable Action]
and
Conference with Agency Labor Negotiator
Pursuant to Government Code Section 54957.6

City Negotiator: Jennifer Sparacino, City Manger (or her designee)
Regarding 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)
[No Reportable Action]
and

Conference with Legal Counsel

Pursuant to Government Code Section 54956.9(a)
Regarding Existing Litigation
Cope & McPhetres, Inc. v. City of Santa Clara, et al.
Santa Clara Superior Court Case No. 107CV093374
[No Reportable Action]
and
Conference with Legal Counsel
Pursuant to Government Code Section 54956.9(b)
Regarding Anticipated Litigation
 City as potential defendant in one case
(number of distinct cases or potential 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 Caserta, Kennedy, Kolstad, Kornder, McLeod and Moore and Mayor Mahan.

 

3.

APPROVAL OF MINUTES:

 

A.

July 8, 2008.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

B.

July 15, 2008.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

4.

CONTINUANCE/EXCEPTIONS:

 

A.

Approval to continue the proposed Tentative Parcel Map for 1500 Space Park Drive to subdivide one parcel into three separate properties to a date uncertain (PLN2008-06930).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Recognition of Santa Clara students who traveled to Izumo, Japan and a student who attended the Sister Cities International Conference as part of the exchange programs coordinated by the Santa Clara Sister Cities Association.

 

B.

Introduction of the 2008/09 Youth Commissioners.

 

 

 

 

 

 

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.

Approval to continue the appeal of the Planning Commission action to approve a height variance for the new roller coaster ride at California's Great America to the August 26, 2008 City Council Meeting (PLN2008-06835).

 

• ACTION:

Continued to the September 16, 2008 Council Meeting.

 

• 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.

Authorization to publish the October 2008 Mission City SCENES.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Senior Staff Aide

2.

Approval of the revised job description for Superintendent of Street/Storm Maintenance.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Human Resources

3.

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

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

4.

Acceptance of the Financial Status Reports for the month ending June 30, 2008.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

5.

Set the following City Council Meetings for 2009:
January 13 and 27; February 10 and 24; March 3 and 17; April 7 and 21; May 5,12 and 19; June 9 and 23; July 7 and 14; August 18 and 25; September 15 and 29; October 20 and 27; November 17 and 24 and December 8 and 15.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Clerk


 

 

6.

Clarification of the July 15, 2008 Council action regarding the effective date for an increase in the Health Insurance Premium Reimbursement of the 2001 Retiree Health Plan for the 2008 calendar year and approve the revised effective date from July 1, 2008 to January 1, 2009.

 

• ACTION:

Clarified by City Manager January 1, 2008 is effective date.

            • ASSIGNMENT:

 

Dir. Finance

 

Dir. Human Resources

 

7.

Note and file the Departmental Activity Report for the month of June 2008.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

8.

Retroactively set September 30, 2008 at 6:00 pm for interviews to fill two vacancies on the Cultural Advisory Commission for full terms ending June 30, 2012, with the deadline for application submittal set for Wednesday, September 24, 2008 at 5:00 pm.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Clerk

 

9.

Authorization to make a payment to the Triton Museum of Art in the amount of $1,823 for the interest income earned from the Warburton Native American Heritage Trust Fund during the 2007-08 Fiscal Year.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Administrative Analyst

 

10.

Adoption of a Resolution declaring the temporary restriction and control of animals at the Santa Clara Art and Wine Festival on September 13 and 14, 2008.

 

• ACTION:

Adopted Resolution No. 08-7545.

 

• ASSIGNMENT:

Dir. Parks

 

11.

Adoption of a Resolution making findings of benefit by use of the Affordable Housing Set-Aside Fund with respect to a Loan Agreement between the Redevelopment Agency and the Santa Clara Unified School District for the Casa Del Maestro Apartments Phase II Project located at 3445-3465 Lochinvar Avenue.

 

• ACTION:

Adopted Resolution No. 08-7546.

 

• ASSIGNMENT:

Housing and Comm Services Div.

 

12.

Approval for the use of City Water Utility forces for the installation of facilities at 1331-1333 Lawrence Expressway.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Water


 

13.

Approval of the Plans and Specifications for the Public Works Contract 2375B for the construction of Palm Substation 60kV Extension Project and authorization to make minor modifications to the Project Manual and to solicit for bids.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

14.

Authorization to publish the Public Notice of Availability of the Consolidated Annual Performance and Evaluation Report (CAPER) for the City's Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) Programs for the period July 1, 2007 to June 30, 2008.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Housing and Comm Services Div.

15.

Acceptance (partial) of the work performed by Scapes, Inc. on the Ulistac Natural Area Phase II Development Project and authorization to record a Notice of Partial Completion and to release the payment retention (PK 06-07-03).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Parks

16.

Approval of the update to the Neighborhood Conservation and Improvement Program Procedural Manual for 2008.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Housing and Comm Services Div.

 

B.

Agreements

 

1.

Approval of an Agreement with Rankin, Landsness, Lahde, Serverian & Stock in an amount not exceed $250,000 per fiscal year for legal services.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Attorney

2.

Approval of a Call Agreement with Navigant Consulting, Inc. and Call No. 08-1, in an amount not to exceed $100,000, for services relating to power, economic and regulatory matters. 

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

3.

Approval of an Agreement with Council on Aging Silicon Valley in an amount not to exceed $33,000 for Case Management Services for Fiscal Year 2008-09.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Parks


 

4.

Approval of Call No. 08-3 with Flynn Resource Consultants, Inc. in an amount not to exceed $81,000 for consulting services for a transmission system analysis.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

5.

Approval of the Fourth Amendment to the Agreement with the County of Santa Clara for the Senior Center Nutrition Program to provide additional senior nutrition congregate meals bringing the contract total amount to $119,687 and approval to revise the Senior Nutrition Program budget with additional appropriations and estimated revenue of $3,306 for fiscal year 2008-09.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Parks

6.

Approval of Amendment No. 1 to the Service Agreement with Dub's Construction in an additional amount not to exceed $50,000 to provide maintenance and repair services for the Benicia Ranch Property.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

7.

Approval of Call No. 08-2 with Flynn Resource Consulting, Inc. in an amount not to exceed $250,000 for consulting support services for the Electric Department Resources Division.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

8.

Approval of an Agreement and Covenant Running the with Land with Lin Wang for a first floor addition to allow for only a one-car garage where two covered parking spaces are required in conjunction with a 878 square foot addition to an existing single family residence at 672 Enright Avenue and authorization to record the Agreement (PLN2007-06689).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

9.

Approval of a Call 08-4 with PAR Electrical Contractors, Inc. in an amount not to exceed $43,315 for replacement of three Transmission poles and one distribution pole at various locations within the City.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

10.

Approval of a Fiber Lease Agreement with TW Telecom Holdings, Inc. for long term dark fiber optics.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric


 

11.

Approval of the Fourth Amendment to the Catering Agreement with Compass Group USA , Inc. for catering services at the Senior Center retroactively commencing July 1, 2008.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Parks

12.

Approval of an Agreement with NeoIT, Inc. in an amount not to exceed $200,000 for outsourcing advisory services.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Information Technology

13.

Approval of a Capital Grant Agreement with Charities Housing Development Corporation and related documents to fund $80,000 from the Community Development Block Grant program for rehabilitation activities at Westwood Ambassador Apartments located at 2606 Newhall Street.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Housing and Comm Services Div.

 

C.

Reports for Information and Possible Action

 

1.

"Western City" Magazine Features Electric Utility/Silicon Valley Power Neighborhood Solar Program.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

2.

Additional Outreach to the Community Urging Emergency Preparedness.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

3.

Santa Clara Golf & Tennis Club - Golf Digest Rating.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

4.

Report on actions taken during the City Council/Redevelopment Agency Recess from July 16, 2008 to August 18, 2008.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

5.

Oath of Office Ceremony Scheduled for December 9, 2008.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

6.

Report of Proclamations issued to individuals with 30 or more years of service: Mary "Mimi" Wicker - Police Department, Dennis Ma - Water and Sewer Department, Larry Zichowic - Street Department and Juan Sanchez - Street Department.  

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

7.

Status of Electric Department Debt Activities Responding to Credit Deterioration of Municipal Bond Insurers.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

D.

Minutes to Note and File

 

1.

Parks and Recreation Commission - July 15, 2008.
* Report from Commissioner Marsalli regarding his attendance at the Leadership and Ethics Camp at the Santa Clara University Markkula Center on June 25-26, 2008. 

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

2.

Senior Advisory Commission - June 23, 2008.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

3.

Cultural Advisory Commission - June 2, 2008.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

4.

Board of Library Trustees - June 2, 2008.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

E.

Routine Written Petitions for Approval

 

1.

Santa Clara P.A.L.:  Request for $2,900 in matching Championship Team Funding for travel to Salem, Oregon to compete in the Fast Pitch Softball National Championship which took place July 28 - August 3, 2008. Staff Recommendation:  Approval subject to the execution of a Contribution Agreement.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Senior Staff Aide

 

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.

2008 Weed Abatement Program:  Adoption of a Resolution confirming the Fire Chiefs report on the cost of weed abatement and confirming assessment to pay the cost and expenses.

 

• ACTION:

Adopted Resolution No. 08-7547.

 

• ASSIGNMENT:

Fire Chief

 

9.

BOARDS AND COMMISSIONS FOR ACTION:

 

A.

Civil Service Commission - Minutes of July 14, 2008:  Request to note and file.
* Approval of modifications of the job specifications for Traffic Foreman/Forewoman, Electric Meter Technician, Assistant Planner I, Assistant Planner II, Associate Planner and Senior Planner.

 

• ACTION:

Approved the Commission's recommendation and noted and the filed the Minutes.

 

            • ASSIGNMENT:

 

 

City Clerk

 

 

Dir. Human Resources

 

B.

City Council Economic Development Committee "Mission City 21" - Minutes of July 16, 2008:  Request to note and file. 
* Approval to 1) Refer to the City Manager to move forward with an economic analysis of "big box" retail operations as a priority first study in the General Plan review and report back to Council with options for an economic policy and criteria/findings for evaluating "big box" proposals and 2) Defer taking action on the regulation of plastic bags until a regional solution is developed and request that the City Manager provide a status report to Council in October 2008.

 

• ACTION:

Approved the Commission's recommendation and noted and filed the Minutes.

 

            • ASSIGNMENT:

 

 

City Clerk

 

 

City Manager

 

C.

Historical and Landmarks Commission - Minutes of June 5, 2008: Request to note and file:
* Recommendation for Historic Designation and Mills Act Contract for 1212 Pierce Street (PLN2008-07005).
* Recommendation for Mills Act Contract for 1077 Harrison Street (PLN2008-07035).
* Recommendation for Historical Designation and Mills Act Contract for 1655 Santa Clara Street (PLN2008-07056).

 

• ACTION:

Approved the Commission's recommendation and noted and filed the Minutes.

 

            • ASSIGNMENT:

 

 

City Clerk

 

 

Dir. Planning

 


 

 

Approval to add the property located 1212 Pierce Street to the Architecturally or Historically Significant Properties List and authorization to execute a Historic Property Preservation Agreement (Mills Act Contract) with Brian E. Parker.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

2.

Approval to execute a Historic Property Preservation Agreement (Mills Act Contract) for 1077 Harrison Street with Sarah E. Doty.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

3.

Approval to add the property located 1655 Santa Clara Street to the Architecturally or Historically Significant Properties List and authorization to execute a Historic Property Preservation Agreement (Mills Act Contract) with Brian Johns and Erin Roll.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

 

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.

Tom Hinton: Comments expressing concerns and urging action with Morse Mansion.

 

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.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

 

13.

REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

 

A.

Reports regarding conference attendance, if any.

 


 

14.

CITY MANAGER REPORTS:

 

 

City Manager announced the Vote Ethics Program and Workshop for Candidates on Thursday August 21, at 7:00 pm in the Council Chambers, and upcoming utility bill insert.

 

She also  announced that the Notice of Preparation for the 49ers Stadium Project is available and outlined the schedule for scoping meetings.

 

15.

CLOSED SESSION MATTERS:

 

A.

Set August 26, 2008 at 5:00 pm for a Closed Session in the Council Conference Room 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). 

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Attorney

 

16.

ADJOURNMENT:

 

A.

In Memory of Father Michael O'Connor (retired Priest, St. Justin's Church, Santa Clara) Don Fuller (retired Librarian, City of Santa Clara)  Marjorie Alice Sommerville (mother-in-law to Mary Ann Marinshaw ,Historical and Landmarks Commissioner) Janet Partolan-Callahan (sister to City employee Rose Partolan, Parks & Recreation Department) Tona Duncanson (former President for the League of Women Voters) Oralia Puga-Ramirez (attended St. Clare's Church, Santa Clara) Enedina Oliva (attended St. Clare's Church, Santa Clara) Firefighters: Shawn Blazer, Scott Charleson, Matthew Hammer, Edrik Gomez, Bryan Rich, David Steele, and pilot: Roark Schwanenberg (killed in the Northern California helicopter crash) to Tuesday evening, August 26, 2008 at 5:00 p.m. for a Closed Session in the Council Conference Room and to 7:00 p.m. for the regular scheduled meeting in the City Hall Council Chambers.