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 09, 2010

 

6:00 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)
and
Conference with Legal Counsel
(Existing Litigation)
Pursuant to Government Code Section 54956.9(a)
Cedar Fair, L.P. v. City of Santa Clara, et al.
Santa Clara County Superior Court No. 109CV158836

 

 

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.

January 26, 2010.

 

B.

February 9, 2010.

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

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:
Joint Council and Redevelopment Agency Public Hearing

 

1.

Adoption of a Resolution adopting findings concerning significant environmental impacts, mitigation measures and alternatives, a Statement of Overriding Considerations, and a Mitigated Monitoring or Reporting Program for the proposed 49ers Santa Clara Stadium Project at 4900 Centennial Boulevard (including properties on Centennial Boulevard and on the North and South side of Tasman Drive) and adoption of a Resolution adopting General Plan Amendment No. 72 to change the text of the Tourist Commercial designation of the Land Use Element.

 

2.

Adoption of an Agency Resolution adopting findings concerning significant environmental impacts, mitigation measures and alternatives, a Statement of Overriding considerations, and a Mitigation Monitoring Program related to the adoption of Amendment No. 20 to the Bayshore North Redevelopment Plan; adoption of an Agency Resolution recommending adoption of Amendment No. 20 to the Bayshore North Redevelopment Plan; and request to direct the City Manager to draft an Ordinance to adopt Amendment No. 20 to the Bayshore North Redevelopment Plan.

 

C.

Public Hearing Chol Chong, representing San Jose Korean Presbyterian Church, 3028 and 3001 Oakmead Village Drive: Request to reconsider Council's action of January 12, 2010 adopting Resolution No. 10-7690 which denies the applicant's request for a Conditional Use Permit to allow the use of an existing industrial building for a place of assembly (PLN2009-07682). Staff recommendation: Uphold Council's action to deny the Conditional Use Permit.

 

 

 

 

 

 

 

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.

Set May 11, 2010 for a Public Hearing to review and approve the 2010-15 Five Year Consolidated Plan and 2010-11 One Year Annual Plan regarding the use of Community Development Block Grant (CDBG) and HOME Investment Partnerships Act (HOME) funds and authorization to publish the Notice of Public Hearing and Availability for Public Review of the Five Year Consolidated Plan and One Year Annual Plan and Final Statement of Objectives and Proposed Uses of CDBG and HOME Entitlement Funds.

2.

Approval of the use of City Electric forces for the installation of facilities at the Palm and Agnew Substations and 336 Martin Avenue.

3.

Acceptance of the Santa Clara Convention Center and Convention/Visitor's Bureau (SCCC-CVB) Activity Report for Fiscal Year 2009-10 Second Quarter Year-to-Date as submitted by the Santa Clara Chamber of Commerce and Convention/Visitor's Bureau.

4.

Acceptance of the donation from Margaret and Merritt Benson, in the amount of $100, to help support the Fitness Program at the Senior Center and authorization to transmit a letter of appreciation.

5.

Approval to join the Bay Area Climate Change Collaborative and authorization to sign the Membership Charter.

6.

Approval of the ten year goals for energy efficiency as required by Assembly Bill 2021 (AB 2021) and determined by the Market Potential identified in the Summit Blue potential study.

7.

Adoption of a Resolution ordering the vacation of an Emergency Access Easement at 3090 Raymond Street to Digital 1350 Duane, LLC and authorization to record the Resolution with the County Recorder (APN 224-08-146; S.C. 18,407).

8.

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

9.

Acceptance of the City of Santa Clara Single Audit Report prepared by the City's independent auditor Vavrinek, Trine, Day & Co., LLP for fiscal year ended June 30, 2009 as previously recommended by the Council Audit Committee.

10.

Adoption of a Resolution approving an Amendment to the Joint Powers Agreement for the Administration of Santa Clara County Congestion Management Program to revise the selection method for members of the Board of Directors of the Santa Clara Valley Transportation Authority (VTA).

 

B.

Agreements

 

1.

Approval of Call No. 10-1 for Professional Services with Subtronic Corporation, in an amount not to exceed $8,100, for Underground Utility Detection Services for Mission Substation at Mission College Boulevard, west of Great America Parkway.

2.

Approval of an Agreement for Services with ABB, Inc., in an amount of $135,500, to provide continued maintenance and support for the Silicon Valley Power (SVP) Electric Supervisory Control and Data Acquisition (SCADA) System.

3.

Approval of Call No. 10-1 for Professional Services with Telvent Miner & Miner, Inc., in an amount not to exceed $150,000, for miscellaneous software and data services.

4.

Approval of Call No. 10-1 for Professional Services with Electrical Distribution Design, Inc., in an amount not to exceed $225,000, for engineering services to integrate data and build an electrical distribution system model.  

5.

Approval of an Agreement for the Performance of Services with Mark Crissman, Sole Proprietor, dba Pipe Rite Systems, in an amount not to exceed $500,000, to provide millwright and welding services.

6.

Approval of a Call Agreement with R. W. Beck, Inc. and Call No. 10-1 for Professional Services, in an amount not to exceed $68,575, for Fiber Enterprise consulting services.

7.

Approval of Call No.10-1 for Professional Services with Kenneth D. Schmidt and Associates, in an amount not to exceed $6,000, to prepare the annual groundwater monitoring report for the All Purpose Landfill.

 

C.

Reports for Information and Possible Action

 

1.

Bicycle Advisory Committee (BAC) Recommendation to Use Light Colored Aggregate in Slurry Seal for City Streets.

2.

Water Pollution Control Plant Master Plan Community Advisory Group and Community Workshop Meetings to be held in Santa Clara.

3.

Santa Clara Proposal to Google request for Information for Ultra High-Speed Internet Demonstration Pilot Project.

 

D.

Minutes to Note and File

 

1.

Parks and Recreation Commission - January 19, 2010.

2.

Senior Advisory Commission - January 23, 2010.

3.

Board of Library Trustees - February 1, 2010.

 

 

 

E.

Routine Written Petitions for Approval

 

1.

Desiree Jackson, Northern California Convention of Narcotics Anonymous (NCCNA), 5101 Great America Parkway: Special Permit request to allow a one-day bingo event on April 2, 2010 from 10 am to 12 am (PLN2010-08020). Staff Recommendation: Approval, subject to conditions.

2.

Wilcox High School Dance Team: Request for Championship Team Funding, in the amount of $2,064 in matching funds, to travel to Anaheim, California to compete in the USA High School Spirit National Championship from March 26-28, 2010. Staff Recommendation: Approval, subject to execution of a Contribution Agreement with the Santa Clara Unified School District.

3.

Santa Clara High School Spirit Squad's: Request for Championship Team Funding, in the amount of $1,389 in matching funds, to travel to Anaheim, California to compete in the USA High School Spirit National Championship from March 25-28, 2010. Staff Recommendation: Approval, subject to execution of a Contribution Agreement with the Santa Clara Unified School District.

 

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 2010-11 Community Development Block Grant (CDBG) and HOME Investment Partnerships Act (HOME) Entitlement Funds:
1) Approval to allocate the funds;
2) Authorization to adjust the appropriation amounts accordingly;
3) Authorization to prepare the 5-Year Consolidated Plan and 1-Year Annual Plan for Fiscal Year 2010-11 for the use of CDBG and HOME funds for Council approval prior to submission to the Housing and Urban Development (HUD) by May 15, 2010; and
4) Referral of proposed housing services projects to the Redevelopment Agency for consideration to fund from the Redevelopment Agency Affordable Housing Fund.

 

B.

Adoption of a Resolution authorizing the City of Santa Clara to join the CaliforniaFIRST Program authorizing the California Statewide Communities Development Authority to accept applications from property owners, conduct contractual assessment proceedings and levy contractual assessments within the territory of the City of Santa Clara and authorization to execute any related documents.

 

 

 

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 appropriation and estimated revenue from the Transportation Development Act (TDA) grant funds to the Pruneridge Ave Bike Lanes TDA 2009-12 Project, in an amount not to exceed $102,500 and to the Bicycle and Pedestrian Improvements TDA 2009-12 Project, in an amount not to exceed $112,138.

 

B.

Approval of Amendment No. 1 to the Legal Services Agreement with Meyers, Nave, Riback, Silver & Wilson, in an amount not to exceed $120,000, for the continued employment of Elizabeth (Libby) Silver, Attorney at Law, for legal services related to her role as Interim City Attorney and approval of the transfer of funds, in an amount not to exceed $100,000, to cover part of the cost of the Amendment.

 

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 30, 2010 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 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 for a Conference with Legal Counsel (Existing Litigation) pursuant to Government Code Section 54956.9(a) Cedar Fair, L.P. v. City of Santa Clara, et al. Santa Clara County Superior Court No. 109CV158836.

 

17.

ADJOURNMENT:

 

A.

To Tuesday evening, March 23, 2010 at 5:30 pm for a Special Joint Meeting with the Planning Commission and General Plan Steering Committee in the City Hall Council Chambers and to Tuesday, March 30, 2010 at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.