CITY OF SANTA CLARA

www.santaclaraca.gov

 

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.

 

March 15, 2011

 


5:00 pm
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).

 

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:

 

3.

APPROVAL OF MINUTES:

 

A.

February 8, 2011.

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Recognition of California Paperboard Corporation under the City's Business Recognition Program for services to the City since 1953.

 

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.

Adoption of an Emergency Ordinance adopting Amendment No. 23 to the Redevelopment Plan for the Bayshore North Project Area to eliminate the Debt Incurrence Time Limit (SB 211 Amendment) to allow the issuance of bonds in support of the construction of a professional football stadium and other City infrastructure improvements in the Bayshore North Project Area.

 

C.

Adoption of Ordinance No. 1874 adopting Amendment No. 23 to the Redevelopment Plan for the Bayshore North Project Area to eliminate the Debt Incurrence Time Limit (SB 211 Amendment) to allow the issuance of bonds in support of the construction of a professional football stadium and other City infrastructure improvements in the Bayshore North Project Area.

 

D.

Adoption of Ordinance No. 1875 adopting Amendment No. 4 to the Redevelopment Plan for the University Project Area which extends the effectiveness of the Redevelopment Plan, extends the associated time to collect tax increment repayment of debt resulting from the Project Area and allows for an additional year for the repayment of debts.

 

E.

Adoption of Ordinance No. 1876 adopting Amendment No. 24 to the Redevelopment Plan for the Bayshore North Project Area which extends the effectiveness of the Redevelopment Plan, extends the associated time to collect tax increment repayment of debt resulting from the project area and allows for an additional year for the repayment of debts.

 

F.

Adoption of an Emergency Ordinance extending a moratorium on uses not normally permitted in the industrial zoning districts (MP, ML, MH).

 

G.

Pass to print an Ordinance amending Title 18 (Zoning) of the City Code to allow non-industrial uses in industrial zoning districts in exception areas with a conditional use permit and to lift the moratorium on such uses once the Ordinance amendment is effective.

 

H.

Status of Federal Climate Change Legislation and Regulations.

 


 

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 for the use of City Electric forces for the installation of facilities at 1101 Space Park Drive and 1234 Space Park Drive.

2.

Set May 10, 2011 for a Public Hearing for the Annual Plan for Program Year 2011-12 and Final Statement of Objectives and proposed uses of Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) Entitlement Funds and authorize the publication of the notice of Public Hearing. 

3.

Approval of the List of Designated Positions, including Disclosure Categories, which lists those positions that require the incumbents to file Conflict of Interest Statements, Form 700.

4.

Acceptance of a donation from Ms. Florence M. Ozaki, in the amount of $200, to support the woodshop program at the Senior Center and authorization to transmit a letter of appreciation.

5.

Acceptance of donation services for the production of "My Fair Lady", valued at $150, from Mr. Andy Scott for the Roberta Jones Junior Theatre program and authorization to transmit a letter of appreciation.

6.

Adoption of a Resolution approving a Water Supply Assessment for a proposed mixed-use development at 3515-3585 Monroe Street.

7.

Acceptance of a donation from the Historic Preservation Society of Santa Clara, in the amount of $555, to help support the Senior Center Case Management Program and authorization to transmit a letter of appreciation.

8.

Adoption of Ordinance No. 1877 amending Section 1.15.010 (State Provisions - Applicability of Chapter) and Section 1.15.030 (Contents of Claim - Review of Sufficiency) of Chapter 1.15 (Claims Against the City) of Title 1 (General Provisions) of the City Code regarding procedures for processing claims filed against the City, its officers, employees and agents.

9.

Note and file the Departmental Activity Report for the month of January 2011.

10.

Pass to print an Ordinance repealing Title 6 (Animals) of the City Code and adding a new Title 6 (Animals) to more efficiently and effectively enforce the code.

11.

Approval to endorse a partnership with Silicon Valley Leadership Group (SVLG) in their "Save Caltrain" campaign and authorization to contribute funds, in the amount of $3,000, as the City's share towards the campaign.

 

12.

Adoption of a Resolution approving the Tier 2 Drought Implementation Plan among wholesale customers pursuant to Section 3.11.C of the Water Supply Agreement with the City and County of San Francisco and authorization to execute the plan on behalf of the City during water supply shortages.

13.

Acceptance of the Monthly Financial Status Reports for the month of September 2010.

14.

Acceptance of the Monthly Financial Status Reports for the month of October 2010.

15.

Acceptance of the Monthly Financial Status Reports for the month of November 2010.

16.

Approval and authorization to publish the May 2011 Mission City SCENES.

17.

Adoption of a Resolution estimating the first year costs of the Housing Authority, in the amount of $988,000, and authorizing the City to grant those funds based upon availability of tax increment revenue.

 

B.

Agreements

 

1.

Approval of an Agreement for the Performance of Services with Compliance Services, Inc., in an amount not to exceed $150,000, to provide Department of Transportation (DOT) gas pipeline maintenance tasks for the Donald Von Raesfeld (DVR) Power Plant for Fiscal Year 2010-11.

2.

Approval of an Agreement for the Performance of Services with Mark Crissman, dba Pipe Rite Systems, in an amount not to exceed $200,000, for millwright and welding services for the generation facilities for Fiscal Year 2010-11.

3.

Approval of Call No. 11-1 for Professional Services with Cintara Corporation, in an amount not to exceed $14,850, to support the electric utility's website redesign project.

4.

Approval of a Sales Agreement with The Newark Group, Inc., dba California Paperboard, for the sale of steam.

5.

Approval to add the property at 795 Madison Street to the City's Architecturally or Historically Significant Properties List and approval of a Historic Property Preservation Agreement (Mills Act Contract) with Alexander J. Littlewood (PLN2010-08414).

6.

Approval of an Agreement for Professional Services with Mark Thomas & Company, Inc., in an amount not to exceed $198,542, for the San Tomas Aquino Spur Trail from Cabrillo Avenue to El Camino Real and authorization to make minor, non-substantive modifications, as necessary.

7.

Approval of Amendment No. 1 to Call No. 10-3 for Professional Services with Schweitzer Engineering Laboratories, Inc., at no additional cost, to extend Uranium and Walsh Substation relay automation and integration to December 31, 2011.

 

8.

Approval of Call No. 11-1 for Professional Services with John S. Dey Municipal Consultants, in an amount not to exceed $58,000, for financial consulting services related to debt management issues for Fiscal Year 2010-11.

9.

Approval of Amendment Number Two to the Agreement for Construction, Operation and Financing of Geothermal Generating Project Number 3; approval of Amendment No. 1 to the Northern California Power Agency Facilities Agreement (NCPA); and approval of the Amended and Restated Geothermal Project Operating Agreement between NCPA and the Geothermal Project Participants to facilitate the withdrawal of Turlock Irrigation District’s (TID) membership with NCPA.

10.

Approval of Change Order No. 1 with K.J. Woods Construction, Inc., in the amount of $97,050.62, for the Walsh Avenue Sanitary Sewer and Recycled Water Improvement Project to allow installation of fiber optic duct in the recycled water trench on Walsh Avenue (CE 07-08-11).

11.

Approval of a Cost Sharing Agreement with the County of Santa Clara, in an amount not to exceed $4,388,338, for the widening improvements on San Tomas Expressway from El Camino Real to Homestead Road and authorization to make minor, non-substantive modifications, as necessary.

 

C.

Reports for Information and Possible Action

 

D.

Minutes to Note and File

 

1.

Parks and Recreation Commission – January 18, 2011.

2.

Senior Advisory Commission – November 22, 2010.

3.

Historical and Landmarks Commission – November 4, 2010.

4.

Historical and Landmarks Commission – January 6, 2011.

5.

Planning Commission – February 9, 2011.

 

E.

Routine Written Petitions for Approval

 

1.

Trish Johnson, NVIDIA – 2701 San Tomas Expressway:  Request for a Special Permit to allow a 30’ x 50’ tent in the parking lot to conduct an outdoor employee event from March 7 – 10, 2011.  Staff recommendation:  Approval (retroactive), subject to conditions (PLN2011-08574).

2.

Santa Clara Kiwanis Club:  Request to use the City Hall Reflection Pond for the Annual Fish Derby on April 30, 2011.  Staff recommendation:  Approval subject to execution of a Contribution Agreement, in an amount not to exceed $900, to defray costs of the event.

 

 

 

3.

Andrew Sutton, The Stuart Rental Company - 2821 Mission College Boulevard:  Request for a Special Permit to allow a 50' x 120' tent in the McAfee parking lot to conduct an outdoor employee event on March 2, 2011.  Staff recommendation:  Approval (retroactive), subject to conditions (PLN2011-08567).

4.

Michael Pearse, EventLink - 1 Great America Parkway:  Request for a Special Permit to allow General Motors to conduct a "Main Street in Motion" event on March 18 - March 20, 2011 in the parking lot and overflow parking lot.  Staff recommendation:  Approval, subject to conditions (PLN2011-08582).

 

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.

Allocation of Fiscal Year 2011-12 Annual Plan for Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) Federal Entitlement Funds:
1)  Approval of the Funding Proposal Summary to allocate funds;
2)  Authorization to adjust individual allocation amounts accordingly;
3)  Referral of proposed housing service programs and Capital Improvement Projects (CIP) to the Housing Authority for consideration to fund from the Housing Authority Affordable Housing Fund; and
4)  Approval of the minor amendment to transfer funds from the Fiscal Year 1999-2000 Annual Plan.

 

B.

Adoption of a Resolution approving a time extension for Planned Development (PD) Zoning for the property located at 2350 Mission College Boulevard, subject to conditions, to allow development of an office/retail project (PLN2010-08487). 

 

C.

Adoption of a Resolution approving a rezone of the property located at 1420 Lafayette Street from R1-6L Single Family (R1-6L) to Planned Development (PD), subject to conditions (PLN2010-08411).

 

9.

BOARDS AND COMMISSIONS FOR ACTION:

 

A.

Approval for two Planning Commissioners to travel and attend the American Planning Association (APA) National Conference in Boston, Massachusetts in April 2011.

 

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.

 

12.

REPORTS FOR COUNCIL ACTION:

 

A.

Approval of estimated revenue and appropriations, in an amount not to exceed $44,180 and $150,000, for the Transportation and Development Act (TDA) Article 3 Fiscal Year 2010-11 grant funds.

 

B.

Approval of a transfer from the Recycled Water Utility Capital Fund - Recycled Water Distribution System Phase III project, in the amount of $1,011,000, to the Recycled Water Distribution Group 4 project.

 

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.

 

14.

REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

 

A.

Reports regarding conference attendance, if any.

 

15.

CITY MANAGER REPORTS:

 

16.

CLOSED SESSION MATTERS:

 

A.

Set March 29, 2011 at 6:00 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).

 

17.

ADJOURNMENT:

 

A.

To Tuesday evening, March 29, 2011 at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.