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 12, 2010

 

 

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 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 and 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 Employees
Unit #9B - Unclassified Fire Management Employees
Unit #10 - Public Safety Non-Sworn Employees Association, PSNSEA
[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.

Council Members:  Caserta, Kennedy, Kornder, Matthews, McLeod and Moore and Mayor Mahan.

 

3.

APPROVAL OF MINUTES:

 

A.

September 13, 2010 - Special Meeting.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

4.

CONTINUANCE/EXCEPTIONS:

 

A.

Reschedule to November 9, 2010 at 6:00 pm the interviews to fill one vacancy on the Senior Advisory Commission for the partial term ending June 30, 2011 and set Wednesday, November 3, 2010 at 5:00 pm as the deadline for receipt of applications.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Clerk

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Recognition of Russell's Fine Furniture under the City's Business Recognition Program for services to the City since 1965.

 

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.

Proposed San Francisco 49ers stadium:
Public Hearing

 

1.

Adoption of a Resolution setting an Off-Site Parking Permit Fee as a zoning administrator action at the rate established in the City's Municipal Fee Schedule which is currently set at $273.

 

• ACTION:

Adopted Resolution No. 10-7777.

 

• ASSIGNMENT:

Dir. Planning

2.

Adoption of a Resolution establishing and adopting an Off-Site Parking Facilities Fee, in the amount of $4.54 per parking space per event, for sports and entertainment venues north of State Highway 101.

 

• ACTION:

Adopted Resolution No. 10-7778.

 

• ASSIGNMENT:

City Manager

 

 

C.

Adoption of Ordinance No. 1865 amending Section 18.06.010 of Chapter 18.06 (Definitions) of Title 18 (Zoning) of the City Code to define prohibited retail uses (Big Box/Superstore) as those over 150,000 square feet with a substantial grocery component (with more than 15% of sales floor area for non-taxable items).

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Attorney

 

 

Dir. Planning

 

D.

Direct the creation of a Zoning Ordinance Amendment to City Code Title 18 for Non-Industrial Uses in Industrial Districts to allow Places of Assembly in zoning districts consistent with most General Plan designations other than for Industrial or Office/R&D uses, with an exception for defined areas proximate to the Caltrain tracks within the "Exception Area", with the approval of a Conditional Use Permit.

 

• ACTION:

Approved as amended to include an additional exception area for Places of Assembly for entertainment uses; expansion of existing uses for entertainment and to report back to Council on October 26, 2010.

 

• 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.

Approval of the proposed topics schedule for the 2011 Mission City SCENES and Utility Bill Inserts.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

2.

Approval and authorization to publish the December 2010 Mission City SCENES.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

3.

Adoption of a Resolution authorizing the filing of an application for Federal Surface Transportation Program (STP)/Congestion Mitigation and Air Quality Improvement (CMAQ) grant funding for the San Tomas Aquino Creek Spur Trail Project and committing the necessary non-federal matching funds, in the amount of $66,000 in Fiscal Year 2010-11 and stating the assurance of the City to complete the project.

 

• ACTION:

Adopted Resolution No. 10-7779.

 

• ASSIGNMENT:

Dir. Public Works

 

 

 

4.

Adoption of a Resolution authorizing the filing of an application for Federal Surface Transportation Program (STP)/Congestion Mitigation and Air Quality Improvement (CMAQ) grant funding for the San Tomas Aquino Creek Trail Reach 4 On-Street Enhancement Project and committing the necessary non-federal matching funds, in the amount of $163,000 in Fiscal Year 2010-11 and stating the assurance of the City to complete the project.

 

• ACTION:

Adopted Resolution No. 10-7780.

 

• ASSIGNMENT:

Dir. Public Works

5.

Appointment of Hannah Villalpando, 7th grader at Peterson Middle School, to the 2010-11 Youth Commission.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Parks

6.

Adoption of a Resolution approving the 2011 Planning Commission calendar of meetings. 

 

• ACTION:

Adopted Resolution No. 10-7781.

 

• ASSIGNMENT:

Dir. Planning

7.

Acceptance of a donation from the Santa Clara Men's League, in the amount of $1,000, to help support the Health and Wellness Program at the Senior Center and authorization to transmit a letter of appreciation.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Parks

8.

Acceptance of a donation from the Wutzit Club Alumni Committee, in the amount of $517.50, to help support the Walter E. Schmidt Youth Activity Center Program and authorization to transmit a letter of appreciation.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Parks

9.

Adoption of a Resolution approving the extension of the time period to initiate activities consistent with development of an approximately 2.47 acre parcel of land located at the southeast corner of San Tomas Expressway and Monroe Street for housing units which will be affordable to low and moderate income households and authorization to undertake a site planning program for defining the future use of the site. 

 

• ACTION:

Adopted Resolution No. 10-7782.

 

• ASSIGNMENT:

Housing and Comm Services Div.

10.

Approval for the use of City Electric forces for the installation of facilities at 1153 Pierce Street.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

 

 

 

 

 

 

 

11.

Approval of the job description for Electric Program Manager; set the control point at $12,150 per month; and approval to add this specification to the City's Conflict of Interest Code, Disclosure Categories 4 & 8. 

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Human Resources

12.

Set November 16, 2010 for a Public Hearing on the City's Housing & Community Needs for Fiscal Year 2011-12 Annual Plan for use of Federal Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) Entitlement Funds and authorization to publish the Notice of Public Hearing.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Housing and Comm Services Div.

13.

Refer to the City Manager the Recycling and Waste Reduction Commission (RWRC) of Santa Clara County Zero Waste 2020 Vision Statement and Action Plan for Santa Clara County for analysis and to report back to the City Council in three months with staff's review of the initiatives and policies.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

14.

Adoption of Ordinance No. 1866 approving and adopting proposed Amendment No. 21 to the Redevelopment Plan for the Bayshore North Project.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Attorney

 

 

Dir. Planning

 

 

Dir. Public Works

 

B.

Agreements

 

1.

Approval of an Agreement for the Performance of Services with Fairway Painting Associates, in an amount not to exceed $264,658, for Phase II concrete repairs and coatings/maintenance at the Lafayette Street railroad pedestrian overpass/center section; and authorization to execute change orders which do not exceed $26,466 or 10% of the Agreement amount.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Streets

2.

Approval of an Agreement for the Performance of Services with George Hills Company, Inc., in an amount not to exceed $200,000, for liability claims adjusting and administration services for Fiscal Year 2010-11.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

 

 

 

 

 

3.

Approval of Call No. 10-3 for Professional Services with Milton Security Group, LLC., in an amount not to exceed $141,440, for a project manager to assist the system support division of the Electric Department. 

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

4.

Approval of Call No. 10-3 for Professional Services with Navigant Consulting, Inc., in an amount not to exceed $45,260, to provide third party evaluation, measurement and verification services of the Fiscal Year 2009-10 energy efficiency programs.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

5.

Approval of Call No. 10-2 for Professional Services with Subtronic Corporation, in an amount not to exceed $3,420, for underground utility detection services for Walsh Substation.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

6.

Approval of an Agreement for the Performance of Services with Siemens Water Technologies Corporation, in an amount not to exceed $150,000, for maintenance and services to the demineralized water tanks at the Generation Facilities.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

7.

Approval of Change Order No. 4 with Kel-Tec Builders, Inc., in the amount of $2,168.72, for the Bracher Park Restroom Project for modification to the entry gates (PK 09-10-01).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Parks

 

 

 

8.

Approval of Amendment No. 5 to the Agreement for Services with Compliance Services, Inc., in an amount not to exceed $50,000, for a total amount not to exceed $655,000, to provide Department of Transportation (DOT) gas pipeline maintenance and compliance tasks for the Donald Von Raesfeld (DVR) Power Plant natural gas pipeline.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

 

C.

Reports for Information and Possible Action

 

1.

Distribution of the Fiscal Year 2010-11 Budget Brochure.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

2.

Silicon Valley Power's Business Customer Satisfaction and Value Award.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

D.

Minutes to Note and File

 

1.

Parks and Recreation Commission - August 17, 2010.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

E.

Routine Written Petitions for Approval

 

1.

Brendan Harrington, Lexus of Stevens Creek Dealership - 3333 Stevens Creek Boulevard:  Special Permit request to allow a charity party event on the third level rooftop parking structure on October 20, 2010 from 5:00 pm to 8:00 pm.  Staff recommendation:  Approval, subject to conditions (PLN2010-08373). 

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

 

8.

WRITTEN PETITION:

 

A.

Andy Ratermann, Yes on Measure H for Santa Clara Schools 2010:  Endorsement of Measure H, an $81 million school General Obligation Bond proposal for facility upgrades to schools.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

 

9.

BOARDS AND COMMISSIONS FOR ACTION:

 

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 a Transportation Fund for Clean Air (TFCA) Agreement Fiscal Year 2010-11 with the Santa Clara Valley Transportation Authority (VTA) Congestion Management Program for grants relating to the design and construction of traffic signal improvements on Kiely Boulevard and Homestead Road, bicycle facilities adjacent to San Tomas Expressway and the installation of bicycle racks; approval of appropriations and estimated revenue in the amount of $582,000; and approval of matching funds in the amount of $216,000 and rollover of unexpended appropriations to future fiscal years.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

 

B.

Approval of appropriations in the amount of $200,000 from customer contributions in the Fiber Optic Customer Construction Work Orders Project and $700,000 from undesignated operating reserves for a total increase of $900,000 to Fiscal Year 2010-11 Capital Improvement Project 2009 to meet current fiber lease customer demand for engineering and construction services.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

 

C.

Approval of Fiscal Year 2009-10 budget amendments.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

 

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.

 

15.

CITY MANAGER REPORTS:

 

A.

Noted Silicon Valley Power's Business Customer Satisfaction and Value Award.

 

 

 

 

 

 

16.

CLOSED SESSION MATTERS:

 

A.

Set Tuesday, October 26, 2010 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) and for a 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 and 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 Employees; Unit #9B - Unclassified Fire Management Employees; and Unit #10 - Public Safety Non-Sworn Employees Association, PSNSEA.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Attorney

 

17.

ADJOURNMENT:

 

A.

In Memory of Don Burr (former Chief of Police, Council Member and Mayor for the City of Campbell) to Thursday evening, October 21, 2010 at 5:30 pm for a Special Meeting for a Closed Session in the Council Conference Room and to Tuesday evening, October 26, 2010 at 5:00 pm for a Closed Session in the Council Conference Room and at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.