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.

 

July 10, 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

6:00 p.m.

Reception Lobby Area

Interviews to Fill Two Vacancies on the

Board of Library Trustees

 

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.         APPROVAL OF MINUTES:

 

A.         May 29, 2007 - Special Meeting.

 

B.        June 5, 2007.

 

C.                 June 12, 2007 - Special Meeting

 

4.         CONTINUANCES/EXCEPTIONS:

 

A.         Approval to reschedule presentation of Council Principles and Priorities 2007-2009 Implementation Plan to the July 17, 2007 Council meeting.

 

5.         SPECIAL ORDER OF BUSINESS:

 

A.         Appointments to fill two vacancies on the Board of Library Trustees for terms ending June 30, 2011.

 

B.        Interviews and appointment to fill a vacancy on the Planning Commission for the term ending June 30, 2011.

 

C.        Joint Council and Redevelopment Agency "Committee of the Whole" regarding the San Francisco 49ers Stadium:  City staff presentation of options and issues pertaining to the potential development of the 11-acres to the east and west of Centennial Boulevard along Stars and Stripes Drive: Recommendation to refer to the City Manager/Executive Director to include the Keyser Marston Associates Study in the Stadium Feasibility Study.

1.         Informational Memo: Correspondence received regarding the proposed football stadium as of June 30, 2007.

2.         Approval of a consulting contract amendment, in an amount of $50,000, with Goldfarb Lipman for legal, redevelopment law, land use, and negotiating expertise and approval of a consulting contract amendment, in an amount of $65,000, with Keyser Marston, Inc. for fiscal and economic land use issues, economic benefits analysis and stadium financing options analysis to assist staff in the 49er Stadium Feasibility Study.

 

6.         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.)

 

B.        Informational Memo: Follow up on the California Environmental Quality Act (CEQA) related to consideration/action on the Santa Clara Gardens Project approved by Council on June 19, 2007 on the former Bay Area Research and Extension Center (BAREC) property located at 90 N. Winchester Boulevard.

 

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.         Adoption of Ordinance No. 1819 which approves an amendment to the City's Municipal Code regarding property development fees for sanitary sewer and storm drains.

2.         Adoption of Ordinance No. 1821 which approves the Development Agreement between the City, Redevelopment Agency, Summerhill Winchester, LLC and the State of California Department of General Services for 90 North Winchester Boulevard [formerly the Bay Area Research and Extension Center (BAREC) property] for development of the Santa Clara Gardens Project.

3.         Acceptance of a donation in the amount of $100 from Suzanne MacFarlane Avina to help support the Senior Center Health and Wellness Program and authorization to transmit a letter of appreciation.

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

5.         Approval of the use of City Solar Utility forces for the installation of facilities at 2901 Mark Avenue.

6.         Acceptance of work performed by Maggiora Bros. Drilling, Inc. on the Drilling One Partial Gravel Envelope Production Well, One Test Hole and One Observation Well (Project WA-2964) and authorization to record the Notice of Completion.

7.         Acceptance of donation in the amount of $1000 from Peggy Douglas to help support the Senior Center Case Management Program and authorization to transmit a letter of appreciation.

8.         Acceptance of donation in the amount of $100 from Candy Duchesne to help support the Senior Center Case Management Program and authorization to transmit a letter of appreciation.

9.         Authorization to transmit a letter to the California Housing Finance Agency and copied to local legislators stating that Santa Clara County should continue to be eligible and treated equitably as other high cost counties in using the High Cost Area Home Purchase Assistance (HiCAP) Program.

10.       Approval of up to three additional police officers for fiscal year 2007-08 as overfill positions.

11.       Approval of Stipulations with Request for Award for Workers' Compensation Claim for Stephen Bringuel, Street Maintenance Worker III.

12.       Approval to set the salary for Water Utility Engineer Nina Hawk at Schedule E-34, Step 2.

13.       Approval of the use of City Water forces for the installation of facilities at 90 North Winchester Boulevard.


14.       Acceptance of the Outstanding Debt Schedule as of June 30, 2007 for the City of Santa Clara, its Agencies and Corporations including the City's share of various Joint Power Agency debt.

15.       Approval to renew the City Master Property Insurance and Excess Boiler and Machinery Insurance policy for the period of July 1, 2007 to June 30, 2008 and authorization of an insurance premium payment in the amount of $414,186 to Alliant Insurance Services.

16.       Approval of policy premium payments for Boiler and Machinery Insurance coverage for the Donald Von Raesfeld Power Plant in the amount of $182,688 for coverage from July 1, 2007 to July 1, 2008 and authorization to execute any and all documentation necessary to secure the insurance.

17.       Acceptance of the Financial Status Reports for May 31, 2007.

18.       Adoption of a Resolution establishing No Parking zones for vehicles in excess of 20 feet in length on the north side of Tannery Way west of Peterson Way, west side of Peterson way north of Tannery Way, south side of Tannery Way west of Lakeside Drive, east side of Garrett Drive south of Tannery Way, west side of Lakeside Drive south of Augustine and east side of Woodward Avenue south of Nuttman Street.

19.       Acceptance of the work performed by Beltramo Electric, Inc. on Traffic Signal Installation at Washington Street and Poplar Street (CE 06-07-04) and authorization to record a Notice of Completion.

20.       Review of the Tourism Improvement District Annual Report for Fiscal Year 2006-07 by the Santa Clara Chamber of Commerce and Convention-Visitors Bureau:  Request to accept the Report.

21.       Approval and authorization to publish August 2007 CitySCENES.

22.       Adoption of a resolution making findings of benefit to the Redevelopment Project Area by providing financing commitment to Belovida, L.P. for the Belovida Senior Apartment Project proposed for 1828-1878 Main Street.

B.        Agreements

1.         Approval of an Agreement for Services with Environmental Systems Corporation in an amount not to exceed $135,000 to perform software conversion and provide hardware and software support for the Continuous Emission Monitoring System at the Donald Von Raesfeld Power Plant.

2.         Approval of a Call Agreement with Ronald E. Davis, dba Davis Power Consultants and to execute Call No. 07-1 in an amount not to exceed $100,000 for consulting support services for the Electric Department Resources Division.

3.         Approval of an Agreement and Covenant Running with the Land (Deferment of Public Improvements) with the President and Board of Trustees of Santa Clara College (Santa Clara University) for the property at 500 El Camino Real (formerly 640 Franklin Street).

4.         Approval of Amendment No. 2 to the Agreement for Services with Davey Tree Surgery Co. in an amount not to exceed $623,000 to provide tree trimming services for power line clearance through June 2008.

5.         Approval of an Agreement for Services with Enviro Safetech, Inc. in an amount not to exceed $100,000 for environmental, health and safety compliance training and program services for electric power generation facilities.

6.         Approval of Amendment No. 5 to the Agreement with OneSource Building Services, Inc. for custodial services to City facilities in the amount of $70,014 for a total amount of $507,421.36 for fiscal year 2007-08 that results in a total cost from December 5, 2000 to June 30, 2008 in a not to exceed amount of $3,200,000.

7.         Approval of Amendment No. 1 to the Agreement for Abovenet Communications, Inc. for fiber-optic installation in the street right-of-way.

8.         Approval of a Contribution Agreement with the Santa Clara Chamber of Commerce and Convention-Visitors Bureau for fiscal year 2007-08 in an amount not to exceed $1,411,678 for convention and visitors services.

9.         Approval and authorization to execute a Letter of Renewal of the Public Services Grant Agreement with Project Sentinel in an amount not to exceed $52,822 for Tenant/Landlord Dispute Resolutions Services in fiscal year 2007-08.

10.       Approval of Amendment No. 1 to the Capital Grant Agreement with Santa Clara Methodist Retirement Foundation.

11.       Approval of a Contribution Agreement with Triton Museum of Art for $295,000 for the museum's general operating expenses for fiscal year 2007-08.

C.        Reports for Information and Possible Action

1.         Time Magazine, June 18, 2007 Issue, Names City of Santa Clara the 10th Safest City in U.S. with Population of At Least 100,000.

2.         City of Santa Clara honored for signing the U.S. Mayors Climate Protection Agreement.

3.         Public Relations Society of America Award of Excellence for the City of Santa Clara's 2006 Vote Ethics Program.

D.        Minutes to Note and File

E.         Routine Written Petitions for Approval

1.         St. Anthony's Council #1:  Approval to hold its annual parade on July 8, 2007 commencing at 9:30 a.m. from the S.E.S. Hall located at the corner of Lewis Street and Lafayette Street to St. Clare Church on Lexington Street.  Staff Recommendation:  Retroactive approval.

2.         Edgar J. Almazol:  Approval of a Permit Request for Outdoor Amplification of Music for a wedding reception at 725 Washington Street on July 14, 2007 from 7:00 p.m. to 11:00 p.m. Staff Recommendation: Approval.

 

 

 

 

 

 

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.         Traffic Mitigation Program:  Adoption of Resolutions approving the Traffic Mitigation Assessment District Report and approving, confirming and adopting the Traffic Mitigation Program and Traffic Mitigation Impact Fee Report for Fiscal Year 2007-08.

 

B.        Belovida Senior Housing Project: Acceptance of the Planning Commission's recommendations to approve a 28-unit affordable senior housing project and adoption of a Resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; adoption of a Resolution approving General Plan Amendment #67; and adoption of a Resolution approving the rezoning of parcels located at 1828-1878 Main Street and granting a density bonus for the project.

 

9.         BIDS AND PROPOSALS:

 

A.         Award of Contract:  Lick Mill Boulevard Street Resurfacing to the lowest responsive, responsible bidder, DeSilva Gates Construction LP in the amount of $1,128,767.40 (CE 06-07-06).

 

10.       BOARDS AND COMMISSIONS FOR ACTION:

 

A.         Planning Commission - Minutes of June 27, 2007:  Request to note and file.

 

11.       CONSENT ITEMS PULLED FOR DISCUSSION:

 

12.       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.

 

13.       REPORTS FOR COUNCIL ACTION:

 

A.         Approval to appropriate $426,000 in Transaction Based Reimbursement Funds for the purchase of library materials.

 

14.       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.

 

 

 

 

 

15.       REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

 

16.       CITY MANAGER REPORTS:

 

17.       CLOSED SESSION MATTERS:

 

A.         Set July 17, 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. 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).

 

18.       ADJOURNMENT:

 

A.         To Tuesday evening, July 17, 2007 at 6:00 p.m. in the Reception Lobby Area for Interviews to Fill Two Vacancies on the International Exchange Commission and to 7:00 p.m. for the regular scheduled meeting in the City Hall Council Chambers.