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.

 

 

June 29, 2010

 

 

6:00 PM
Reception Lobby Area
Board of Library Trustees Interviews to fill two vacancies
and
Parks and Recreation Commission Interviews to fill a vacancy
and
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)
[NOT HELD]

 

 

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.

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

 


 

3.

APPROVAL OF MINUTES:

 

A.

May 25, 2010.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Recognition of Robert Byrd for serving on the Board of Library Trustees from 2000-2010.

 

B.

Presentation of a donation check from the Santa Clara Women's League for the Senior Center Health and Wellness Programs.

 

C.

Presentation of the City of Santa Clara/Silicon Valley Power Scholarship and Technical Grant Awards.

 

D.

Recognition of outgoing Youth Commission Members.

 

E.

Appointment of five candidates to the 2010-11 Youth Commission and re-appointment of ten returning members for an additional one year term to the 2010-11 Youth Commission.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Clerk

 

 

Dir. Parks

 

F.

Appointment of one applicant to fill the vacancy on the Parks and Recreation Commission for the full term ending June 30, 2014.

 

• ACTION:

Appointed Michael E. O'Halloran.

 

• ASSIGNMENT:

City Clerk

 

 

Dir. Parks

 

G.

Appointment of applicants to fill the vacancies on the Board of Library Trustees for the full term ending June 30, 2014 and for the partial term ending June 30, 2013.

 

• ACTION:

Appointed Ashish Mangla for the full term ending June 30, 2014 and Peter Yoon for the partial term ending June 30, 2013.

 

• ASSIGNMENT:

City Clerk

 

 

City Librarian

 

H.

Presentation by Santa Clara Valley Water District on district activities update.

 


 

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:

 

1.

Approval of Amendment No. 1 to the Legal Services Agreement with Goldfarb & Lipman LLC, in the amount of $400,000 for a total contractual amount not to exceed $1,000,000, for legal, redevelopment law and land use services to assist staff in the 49ers stadium Disposition and Development Agreement (DDA) negotiations and approval of Amendment No. 1 to the Agreement for Professional Services with Keyser Marston Associates, Inc., in the amount of $350,000 for a total contractual amount not to exceed $600,000, for fiscal and economic analysis to assist staff in the 49ers stadium Disposition and Development Agreement (DDA) negotiations.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

 

C.

Six-month review of Conditions of Approval of Special Permit to allow operation of Yellow Cab, Co. Peninsula, Inc. maintenance yard to allow the storage and repair of surplus and disabled taxi cabs at property located at 3362 El Camino Real, Santa Clara (Applicant Jasraj Bhatia [Bikram Singh]).

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

D.

Status Report on the 2010-2035 General Plan Update.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 


 

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 a Resolution ordering the vacation of a portion of a storm drain easement located at 1888, 1898 and 2006 Fairway Glen Drive [APN 097-16-042, 041 and 040 (2009-10); SC 18,424] to Brian and Kathy Wilson, Frederick S. and Nancy Raia and Marcela Dulay; and authorization to record the Resolution with the County Recorder.

 

• ACTION:

Adopted Resolution No. 10-7746.

 

• ASSIGNMENT:

Dir. Public Works

2.

Approval of the proposed Public Benefit Programs for Fiscal Year 2010-11 through 2014-15, in an amount not to exceed $7,913,080, for Fiscal Year 2010-11.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

3.

Adoption of Resolution Calling a General Municipal Election to be held on Tuesday, November 2, 2010 for the election of Mayor and two City Council Members; adoption of a Resolution requesting that the Board of Supervisors of the County of Santa Clara consolidate a General Municipal Election with the Statewide General Election; adopt a Resolution adopting regulations for Candidate Statements of qualifications submitted to the voters and levying a share of the cost of the Candidate' Statements; adopt a Resolution adjusting the Political Campaign Voluntary Expenditure Limits; and authorization to publish the Notice of Election.

 

• ACTION:

Adopted Resolution Nos. 10-7747, 10-7748, 10-7749, 10-7750 and authorized publication.

 

• ASSIGNMENT:

City Clerk

4.

Approval of the renewal of the Master Property Insurance and Excess Boiler & Machinery Insurance for the period of July 1, 2010 to July 1, 2011 and authorization for payment of insurance premium to Alliant Insurance Services, in the amount of $479,728, and to execute all related documents.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

5.

Approval of the renewal of the Excess Workers' Compensation Insurance Policy from California State Association of Counties Excess Insurance Authority, in the amount of $439,474, effective July 1, 2010 to July 1, 2011.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Human Resources

6.

Approval of the Stipulations with Request for Award to settle claims for injuries Wesley Toland, retired Fire Captain, sustained on December 4, 2005, March 18, 2007 and cumulatively through April 19, 2007.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Human Resources

7.

Adoption of a Resolution authorizing the filing of an application for Federal Surface Application Program (STP)/Congestion Mitigation and Air Quality Improvement (CMAQ) grant funding for the Benton Street and Cronin Drive Street Rehabilitation Project and approval to commit non-federal matching funds, in the amount of $150,679, for Fiscal Year 2010-11.

 

• ACTION:

Adopted Resolution No. 10-7751.

 

• ASSIGNMENT:

Dir. Public Works

8.

Adoption of a Resolution approving an Agreement with the State of California to participate in the Franchise Tax Board City Business Tax Program (SB 1146).

 

• ACTION:

Adopted Resolution No. 10-7752.

 

• ASSIGNMENT:

Dir. Finance

9.

Approval of the renewal of Boiler and Machinery Insurance for the Donald Von Raesfeld (DVR) Power Plant for the period of July 1, 2010 to July 1, 2011 and authorization for payment of insurance premiums to Alliant Insurance Services in the amount of $187,467, and authorization to execute all related documents.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

10.

Acceptance of the Triton Museum of Art Semi-Annual Report of Acquisitions for the reporting period of January 1, 2010 through May 31, 2010.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

11.

Approval of the renewal of the Excess Liability Insurance for the period of July 1, 2010 to July 1, 2011 and authorization for payment of insurance premium to Alliant Insurance Services, in the amount of $184,240, and to execute all related documents.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

 


 

B.

Agreements

 

1.

Approval of a Call Agreement with Eagle Systems International, Inc. dba Synergy Companies and Call No. 10-1 for Professional Services, in an amount not to exceed $250,000, for the Low Income/Multi-Family Weatherization Program Third Party Energy Efficiency Program.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

2.

Approval of Call No. 10-2 for Professional Services with JACO Environmental, in an amount not to exceed $89,500, to extend the Refrigerator, Freezer and Room Air Conditioner Recycling Program.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

3.

Approval of an Agreement for the Performance of Services with Waterproofing Associates, in an amount not to exceed $60,862, for the roof replacement of the Headen-Inman House and authorization to make minor, non-substantive modifications, if necessary.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

4.

Approval of Call No. 10-2 for Professional Services with Schweitzer Engineering Laboratories, Inc., in an amount not to exceed $80,000, for Kenneth Substation relay automation and integration.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

5.

Approval of Call No. 10-1 for Professional Services with Flynn Resource Consultants, Inc., in an amount not to exceed $250,000, for consulting support services related to transmission projects for the Electric Department Resources Division.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

6.

Approval of Call No. 10-2 for Professional Services with Flynn Resource Consultants, Inc., in an amount not to exceed $50,000, for a transmission system reliability study.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

7.

Approval of Call Agreement with Applied Power Technologies, Inc. and Call No. 10-1 for Professional Services, in an amount not to exceed $100,000, for miscellaneous software and services.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric


 

8.

Approval of a Call Agreement with Milton Security Group, LLC. and Call No. 10-1 for Professional Services, in an amount not to exceed $149,000, for network and security consulting support for the Electric Department Resources Division.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

9.

Approval of Call No. 10-1 for Professional Services with Electrical Consultants, Inc., in an amount not to exceed $352,000, for Stage 2 Design for the Mission Underground Transmission Line Project.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

10.

Approval of Call No. 10-2 for Professional Services with Electrical Consultants, Inc., in an amount not to exceed $100,000, for miscellaneous engineering services.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

11.

Approval of Call No. 10-2 for Professional Services with Consolidated Engineering Laboratories, in an amount not to exceed $51,276.49, for materials testing and geotechnical construction inspection services for Walsh Substation.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

12.

Approval of Amendment No. 1 to the Agreement for the Performance of Services with Calpipe LLC, in an amount not to exceed $100,000, to provide piping, plumbing and welding services at City generation facilities.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

13.

Approval of Amendment No. 1 to Call No. 09-2 for Professional Services with Telvent Miner & Miner, Inc., at no additional cost, to extend the term of the Call for implementation services for the Geographic Information System (GIS) Responder Outage Management System Application.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

14.

Approval of Call No. 10-1 for Professional Services with Consolidated Engineering Laboratories, in an amount not to exceed $66,201.19, for materials testing and construction inspection services for Kenneth Substation.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric


 

15.

Approval of a Contribution Agreement with Triton Museum of Art, in the amount of $289,560, for the museum's general operating expenses for Fiscal Year 2010-11.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

16.

Approval of Call No. 10-1 with David J. Powers & Associates, Inc., in an amount not to exceed $33,000, to prepare environmental clearance documents to clear vegetation from the Eastside Retention Basin Vegetation Drainage Swale.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Streets

17.

Approval of an Historic Property Preservation Agreement (Mills Act Contract) with Bart Anderson for the property at 1065 Harrison Street (PLN2009-07890).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

18.

Approval of Public Works Contract Change Order No. 1 with Nexgen Builders, Inc. for the Central Park Pedestrian Bridge Replacement Project, in the amount of $50,034.36, for changes to the specified 12" ductile iron recycled water line, the u-bolt supports for the water line, construction of reinforced concrete approach slabs to protect the water line and repair and replacement of additional concrete walkways (PK 08-09-01).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Parks

19.

Approval of an Agreement for Operation of a Convention and Visitors Bureau with the Santa Clara Chamber of Commerce and Convention-Visitors Bureau (SCCC-CVB), in an amount not to exceed $1,456,526, for convention and visitors services for Fiscal Year 2010-11.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

20.

Approval of Amendment No. 1 to the Service Agreement with Yosh Enterprises; DBA Orion Security Patrol, in an amount not to exceed $70,000 for Fiscal Year 2010-11 and $70,000 for Fiscal Year 2011-12 (subject to budget appropriations) for a total amount not to exceed $140,000, for security staff at Santa Clara City Library.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Librarian

21.

Approval to add 1805 Lexington Street to the City's Architecturally or Historically Significant Properties List and to execute a Historic Property Preservation Agreement (Mills Act Contract) with Don Stevenson, Jr. and Janet Stevenson (PLN2010-08010).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

22.

Approval to add 758 Jackson Street to the City's Architecturally or Historically Significant Properties List and to execute a Historic Preservation Agreement (Mills Act Contract) with Paul Yang and Vivian Yueh (PLN2009-07937).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

23.

Approval of the First Amendment to the Lease Agreement with DE II Restaurants, Inc. reducing the minimum rent and addressing administrative compliance issues for the Santa Clara Banquet and Meeting Facility.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

24.

Adoption of a Resolution authorizing the proceedings to refinance outstanding 1997 Certificates of Participation for the Police Administration Building, including approving a Lease Agreement and Site Lease with the City of Santa Clara, approving a Termination Agreement among the City, the Corporation and the Bank of New York Mellon Trust Company, N.A. as trustee for the 1997 Certificates, approving Irrevocable Refunding Instructions given by the City to the 1997 Trustee to establish an irrevocable escrow fund for the 1997 Certificates and authorizing certain other related actions.

 

• ACTION:

Adopted Resolution No. 10-7755 and Resolution No. 10-1 (PFFC).

 

• ASSIGNMENT:

Dir. Finance

 

C.

Reports for Information and Possible Action

 

1.

Launch of City's YouTube page.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

D.

Minutes to Note and File

 

1.

Parks and Recreation Commission - April 20, 2010.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

2.

Senior Advisory Commission - April 26, 2010.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

3.

Historical and Landmarks Commission - April 1, 2010.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

4.

Historical and Landmarks Commission - May 6, 2010.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

5.

Planning Commission - May 12, 2010.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

E.

Routine Written Petitions for 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.

Steve Kelly, 3093 Forbes Avenue: Request to rezone property from Single Family Residential (R1-6L) to Planned Development (PD) to legalize the conversion of a second floor workshop/storage room into an accessory dwelling unit on a lot less than 7,000 square feet. Staff Recommendation: Adoption of a Resolution rezoning the property.

 

• ACTION:

Adopted Resolution No. 10-7753.

 

• ASSIGNMENT:

Dir. Planning

 

B.

Adoption of a Resolution approving a Vesting Tentative Subdivision Map (PLN2008-06920) for PR II Kiely Boulevard LLC to subdivide the 27.59 gross acre project site located at 900 Kiely Boulevard, The Gallery at Central Park, into 14 parcels in accordance with the previous Zoning approval (PLN2007-06802) and Development Agreement (PLN2009-07548).

 

• ACTION:

Continued to the July 13, 2010 Council meeting.

 

• ASSIGNMENT:

Dir. Planning

 

C.

Pass to Print an Ordinance, pursuant to the recommendations of the Planning Commission and the Historical Landmarks Commission, amending Chapter 18.58 (Regulations for HT-Historic Combining Zoning Districts) and Chapter 18.60 (Special Use Regulations Applicable to Certain Zoning Districts) of Title 18 (Zoning) of the City Code regarding reversion of commercial uses to residential uses for historical structures, establishing a two-year term limit for temporary uses, changing the entitlement process from a Variance to Use Permit for conversion of Residential Structures to Commercial Uses and clarifying the Special Permit process for Care Facilities.

 

• ACTION:

Referred to the City Manager.

 

• ASSIGNMENT:

City Manager

 

 

Dir. Planning

 


 

9.

BIDS AND PROPOSALS:

 

A.

Award of Public Works Contract to Granite Rock Company dba Pavex Construction Division, in the amount of $2,241,069.30, for the South of Forest Neighborhood (SOFN) Street Improvements - Phases II and III Project and authorization to execute change orders up to approximately 10% of the original contract price, or $225,000, for a total amount not to exceed $2,466,069.30 (CE-09-10-07).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

 

10.

BOARDS AND COMMISSIONS FOR ACTION:

 

A.

Parks and Recreation Commission - Minutes of March 16, 2010: Request to note and file.
* Recommendation to approve a Resolution approving the filing of an application for Nature Education Facility Program funds available from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) for the Ulistac Natural Area Project.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

1.

Adoption of a Resolution approving the application for Nature Education Facility Program funds under the California Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 for the Ulistac Natural Area and authorization to execute all documents related to the application.

 

• ACTION:

Adopted Resolution No. 10-7754.

 

• ASSIGNMENT:

Dir. Parks

 

11.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

12.

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.

 

A.

David McWalters: Comments of concern regarding parking at Homestead Road and Kiely Boulevard.

 

B.

Stephen Hazel: Comments of concern regarding the disposal of political signs from the June 8, 2010 election.

 

13.

REPORTS FOR COUNCIL ACTION:

 

A.

Approval of Amendment No.2 to the Legal Services Agreement with Meyers, Nave, Riback, Silver & Wilson, in an amount not to exceed $200,000, for 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 the amount of $185,000, to cover part of the cost of the Amendment.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Human Resources

 

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.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

 

15.

REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

 

A.

Reports regarding conference attendance, if any.

 

B.

Council Member Kornder: Comments regarding the Bay Area Research Extension Center (BAREC) cleanup process.

 

16.

CITY MANAGER REPORTS:

 

17.

CLOSED SESSION MATTERS:

 

A.

Set Tuesday, July 6, 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; 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).

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Attorney

 

18.

ADJOURNMENT:

 

A.

In Memory of Brother Norbert J. Korte, S.J (Jesuit Brother at Sacred Heart Novitiate, Los Gatos) to Tuesday evening, July 6, 2010 at 6:00 pm for a Closed Session in the Council Conference Room and to 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.