CITY OF SANTA CLARA

www.ci.santa-clara.ca.us

 

CITY COUNCIL MEETING

 

AGENDA

A complete agenda packet with back-up reports is available at either City Library beginning Saturday before the Tuesday meeting or at the City Clerk's Office on weekdays.  A complete agenda packet is also available at the City Council meeting and on the City's website.

 

August 28, 2007

 

 

 

5:00 p.m.

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)

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 #9B - Unclassified Fire Management Employees

and

Conference with Legal Counsel

Pursuant to Government Code Section 54956.9(a)

SaveBAREC.ORG v. City of Santa Clara, et al.

Santa Clara County Superior Court Case No. 1-07-CV-091854

and

Conference with Real Property Negotiator

Pursuant to Government Code Section 54956.8

Property:  3025 Raymond Street, APN 224-08-085

Negotiating Party(ies):  California Partners, Inc.

City/Agency Negotiators:  Jennifer Sparacino, City Manager

Under Negotiation:  Purchase/Sale/Exchange/Lease of Real Property

(provisions, price and terms of payment)

 

REGULAR MEETING

7:00 p.m. 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:

 

3.         CONTINUANCES/EXCEPTIONS:

 

4.         SPECIAL ORDER OF BUSINESS:

 

A.         Report from the Santa Clara Sister Cities Association on recent Sister Cities Exchange Programs.

 

B.        Presentation of Santa Clara Police Department Awards.

 

5.         UNFINISHED BUSINESS:

 

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

 

6.         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.         Renewal of the City Employee Salary and Benefits Continuation Program for Military Reservists and approval of the clarification that the program is intended for those called to active duty for a continuous extended period of time and not for multiple short-term activations.

2.         Approval of the use of City Water forces for the installation of facilities at the San Tomas Creek Trail Reach 3, Scott Boulevard to Monroe Street.

3.         Authorization to transmit to State Legislators and Burlingame Mayor Terry Nagel a letter supporting Senate Constitutional Amendment (SCA) 12 which gives California voters the opportunity to reverse the Salinas decision and carve out a fourth exception to the voting requirements of Proposition 218 which would provide a much-needed infusion of funding options for local storm water and runoff management programs and authorization for the Mayor and City Manager to take follow-up actions as appropriate.

 

 

 

B.        Agreements

1.         Approval of an Electric Service Agreement with the President and Board of Trustees of Santa Clara College (known as Santa Clara University) for the purchase of electricity by the University on a long-term basis in exchange for certain discounted rates.

2.         Approval of the Agreement for the Performance of Services with Basic Chemical Solutions, LLC in an amount not to exceed $70,000 for bulk chemicals for the Donald Von Raesfeld Power Plant.

3.         Approval of the Consent to Assignment Agreement with Altivity Packaging LLC (formerly known as Smurfit-Stone Container Enterprises, Inc.).

4.         Approval of Call No. 07-2 with Flynn Resource Consultants, Inc. in an amount not to exceed $150,000 for consulting support services for the Electric Department Resources Division.

5.         Approval of a Call Agreement with United Design Services and to execute Call No. 07-1 in an amount not to exceed $100,000 for miscellaneous drafting services for existing substation facilities.

6.         Approval of an Historic Property Preservation Agreement (Mills Act Contract) with James C. Snyder, Jr. and Janean Boyer-Snyder for the property at 1291 Benton Street, which will qualify the property for tax incentives.

7.         Approval of an Historic Property Preservation Agreement (Mills Act Contract) with Robert L. Mayer for the property at 1490 Santa Clara Street, which will qualify the property for tax incentives.

8.         Approval of an Historic Property Preservation Agreement (Mills Act Contract) with James F. Gothers and Lisa A. Taggart for the property at 1480 Santa Clara Street, which will qualify the property for tax incentives.

C.        Reports for Information and Possible Action

1.         Update Regarding Timeline for Resolutions and Funding Source for the February 5, 2008 Referendum Election for the Former Bay Area Research and Extension Center (BAREC) Site Located at 90 North Winchester Boulevard.

2.         Financial Status Reports for the Month Ended July 31, 2007.

3.         Award of Contract:  Santa Clara Convention Center Ballroom Expansion - Site Preparation (CE 07-08-03).

D.        Minutes to Note and File

1.         Senior Advisory Commission - June 25, 2007.

2.         Historical and Landmarks Commission - August 2, 2007.

E.         Routine Written Petitions for Approval

1.         Wilcox High School:  Request for approval to hold its Homecoming Parade on October 5, 2007 commencing at 1:45 p.m. at the school parking lot and proceed on Calabazas Boulevard, Cabrillo Avenue, Nobili Avenue, Machado Avenue and Monroe Street to the football field.  Staff Recommendation:  Approval.

 

 

2.         Our Lady of Fatima Society:  Request to hold its annual procession of candles on October 13, 2007 at 8:00 p.m. from the St. Clare Church on Lexington Street to the S.E.S. Hall on Lafayette Street and a parade on October 14, 2007 at 9:30 a.m. from Lafayette Street to the church and back to the Hall; approval of the hanging of the street banners.  Staff Recommendation:  Approval subject to the Society providing five volunteers to assist with traffic control.

 

7.         WRITTEN PETITIONS:

 

A.         Bonnie Lott, on behalf of the Residents of Serena Way:  Request that Serena Way be included in the South of Forest Avenue street improvements project.

1.    Staff recommendation to note and file the petition and to direct the City Manager to send a letter to all Serena Way property owners advising them of the maintenance schedule.

 

8.         BOARDS AND COMMISSIONS FOR ACTION:

 

A.         Historical and Landmarks Commission - Minutes of June 7, 2007.

* Recommendation for the approval of an expenditure of funds in the amount of $1,000 for the printing of The Big House on Market Street, Series 1, 2, 3 and 4 and the Teachers Manual.

 

9.         CONSENT ITEMS PULLED FOR DISCUSSION:

 

10.       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.

 

11.       REPORTS FOR COUNCIL ACTION:

 

A.         Approval of the Second Amendment to the Agreement with the County of Santa Clara to provide additional congregate meals for the Senior Center Nutrition Program for fiscal year 2007-08, bringing the contract total amount to $95,113 and approval of appropriations and estimated revenue of $9,630 for fiscal year 2007-08 and $6,443 for fiscal year 2006-07.

 

B.        Adoption of recommended positions regarding the League of California Cities 2007 Annual Conference resolutions and authorization for the City's voting delegate to cast votes to reflect the positions as adopted by the Council. 

 

C.        Approval of appropriation of Public Library Fund grant funds in the amount of $65,500 to augment the Library Department operating and capital improvement budgets.

 

D.        Approval of budget amendments for Fiscal Year 2006-07 to properly match budget resources.

 

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.

 

13.       REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

 

14.       CITY MANAGER REPORTS:

 

15.       CLOSED SESSION MATTERS:

 

A.         Set September 11, 2007 at 5:00 p.m. for a Closed Session in the Council Conference Room for a Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 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).

 

16.       ADJOURNMENT:

 

A.         To Tuesday evening, September 11, 2007 at 7:00 p.m. for the regular scheduled meeting in the City Hall Council Chambers.