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.

 

September 23, 2014

 

6:00 pm
Closed Session
Council Conference Room
Conference with Labor Negotiators
Pursuant to Government Code Section 54957.6
City designated representatives: Julio J. Fuentes, City Manager (or designee)
Employee Organization(s):
Unit #1 - Santa Clara Firefighters Association, IAFF, Local 1171
Unit #2 - Santa Clara Police Officer's Association
Unit #3 - IBEW Local 1245 (International Brotherhood of Electrical Workers)
Unit #4 - City of Santa Clara Professional Engineers
Units #5, 7 & 8 - City of Santa Clara Employees Association
Unit #6 - AFSCME Local 101 (American Federation of State, County and Municipal Employees)
Unit #9 - Miscellaneous Unclassified Management Employees
Unit #9A - Unclassified Police Management Employees
Unit #9B - Unclassified Fire Management Employees
Unit #10 - PSNSEA (Public Safety Non-Sworn Employees Association)
and
Conference with Real Property Negotiator
Pursuant to Government Code Section 54956.8
Property: APN 104-03-036, APN 104-03-038, APN 104-03-039, APN 104-03-040
Negotiating Party(ies): Kurt Wittek, Montana Property Group, LLC
City Negotiator: Julio J. Fuentes, City Manager (or designee)
Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment)
and
Conference with Real Property Negotiators
Pursuant to Government Code Section 54956.8
Property: APN 316-17-19, 250 Howard Drive, Santa Clara
City Negotiator: Julio J. Fuentes, City Manager (or designee)
Negotiating Party: Dana Pesce, Apple Inc.
Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property
(provisions, price and terms of payment)
and
Conference with Legal Counsel-Anticipated Litigation 
Pursuant to Government Code Section 54956.9(a)
Potential exposure to litigation: 2 potential cases
and 

 


Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Section 54956.9(a)
Northern California Power Agency, et al. v. The United States,
United States Court of Federal Claims No. 14-817C,
and
Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Section 54956.9(a)
Vinod K. Sharma, et al. v. Successor Agency to the
Redevelopment Agency of the City of Santa Clara, et al.
Sacramento County Superior Court Case No. 34-2013-80001396
and
Governing Board of the Successor Agency to the
City of Santa Clara Redevelopment Agency
Conference with Legal Counsel-Existing Litigation
Pursuant to Government Code Section 54956.9(a)
Vinod K. Sharma, et al. v. Successor Agency to the
Redevelopment Agency of the City of Santa Clara, et al.
Sacramento County Superior Court Case No. 34-2013-80001396

 

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 STATEMENT OF VALUES:

 

2.

ROLL CALL:

 

3.

APPROVAL OF MINUTES:

 

A.

August 19, 2014.

 

B.

August 26, 2014.

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Adoption of a Resolution reaffirming the City's commitment to oppose domestic violence.

 

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 Ordinance No.1930 which approves and certifies a Negative Declaration and adds Article VI (Single-Use Carry-Out Bags) to Chapter 13.20 (Storm Drains and Discharges) of Title13 (Public Services) of the City Code to prohibit the use of single-use carry-out plastic bags.

 

C.

Informational Memo: status of the proposed Historic Preservation Ordinance.

 

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 Stipulations with Request for Award to settle the claims for the injuries Danny Terrones, retired Police Officer, sustained on November 7, 2005 and cumulatively through September 6, 2009.

2.

Approval of the Stipulations with Request for Award to settle the claim for the injury Gabrielle Seagrave, retired Police Sergeant, sustained cumulatively through March 26, 2010.

3.

Acceptance of the work performed by Wattis Construction Co., Inc. for work on The Alameda (Mission Street to Hilmar Street) Parking Improvements Project and authorization to record a Notice of Completion with the County Recorder (CE 12-13-07).

4.

Approval to set the salary schedule and range for the Health and Wellness Coordinator as A-23.

5.

Approval of the revised job description for Electric Program Manager.

6.

Approval of the revised job description for Principal Planner.

7.

Approval of the revised job description for Accounting Division Manager.

8.

Acceptance of the Santa Clara Convention Center and Convention-Visitor's Bureau (SCCC-CVB) Activity Report for Fiscal Year 2013-14 Fourth Quarter, Year-to Date and End of the Fiscal Year 2013-14, as submitted by the SCCC-CVB.

9.

Approval of the revised job descriptions for Deputy Fire Chief and Battalion Chief.

10.

Approval of the use of City Electric Forces for the installation of facilities at Palm Substation to Levi's Stadium and 3065 Bowers Avenue.

11.

Acceptance of the work performed by Bay Area Lightworks, Inc. on Benton Street - Pomeroy Avenue Traffic Signal Modifications and Pedestrian Safety Enhancements (CE 11-12-07) and authorization to record a Notice of Completion with the County Recorder.

12.

Approval to publish the October 2014 Mission City SCENES.

13.

Approval to submit the Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2013-14 for the Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) programs to the US Department of Housing and Urban Development (HUD).

14.

Approval of the Project Manual for lump sum bidding and construction of the Winter 2014/15 Preparation Work for the Phase Shifting Transformer (Public Works Contract 2404A); approval to solicit bids for the project;  approval to award the contract to the lowest responsible and responsive bidder; and approval to execute change orders up to a total aggregate amount of 10% of the original contract price.

 

B.

Agreements

 

1.

Approval of a Call Agreement with The Cadmus Group, Inc. and Call No. 14-1 for Professional Services, in an amount not to exceed $63,913, to provide third party evaluation, measurement and verification services for Silicon Valley Power's non-residential lighting program.

2.

Approval of Amendment No. 3 to the Agreement for Consultant Services with Lee & Ro, Inc., in an amount not to exceed $29,674, for the Rabello and Northside Pump Station Generators Project and authorization to make minor, non-substantive modifications to Amendment No. 3, if necessary.

3.

Approval of an Agreement for the Performance of Services with Signet Testing Laboratories, Inc., in an amount not to exceed $103,968.20, for material testing and geotechnical construction inspection of various Electric Department projects.

4.

Approval of an Agreement for the Design Professional Services with Schaaf & Wheeler Consulting Civil Engineers, in an amount not to exceed $288,530, for the City Storm Drain Master Plan Project and authorization to make minor, non-substantive modifications to the Agreement, if necessary.

5.

Approval of an Agreement for the Performance of Services with Tanko Streetlighting, Inc., dba Tanko Lighting, in an amount not to exceed $1,863,965, to provide energy efficient LED streetlights in the southern part of the City.

6.

Approval of an Agreement for the Performance of Services with Construction Testing Services (CTS), in an amount not to exceed $90,945, for material testing and geotechnical construction inspection at Fairview Substation.

7.

Approval of an Agreement for the Performance of Services with Power Systems Professionals, Inc., dba Power Pros, in an amount not to exceed $498,940, to provide commission testing services for Fairview Substation.

 

 

 

8.

Approval of an Agreement for the Performance of Services with Revel Environmental Manufacturing, Inc., in an amount not to exceed $183,777, for the purchase, installation and maintenance of 258 full trash capture devices.

9.

Approval of a Master Power Purchase and Sale Agreement with EDF Trading North America, LLC, a standard enabling agreements for future purchase and sales of electric power by the Electric Department's Power Trading Division and authorization to execute standardized enabling agreements for future purchases or sales of wholesale electricity or generation fuel.

10.

Approval of an Agreement for the Performance of Services with Golder Associates, Inc., for an amount not to exceed $1,198,285, for maintenance, monitoring and reporting services at the closed All Purpose Landfill.

 

C.

Reports for Information and Possible Action

 

1.

Report on actions taken during the Recess from July 16, 2014 to August 18, 2014.

 

D.

Minutes to Note and File

 

E.

Routine Written Petitions for Approval

 

1.

Holly Prinz, ABC Tree Farms, LLC - 2380 Monroe Street: Request for a Special Permit to allow seasonal pumpkin patch (September 10, 2014 - November 5, 2014)  and Christmas tree (November 6, 2014 - December 31, 2014) sales events.  Staff recommendation: Approval, subject to conditions (PLN 2014-10548).

2.

Holly Prinz, ABC Tree Farms, LLC - 3590 Benton Street: Request for a Special Permit to allow seasonal pumpkin patch (September 10, 2014 - November 5, 2014)  and Christmas tree (November 6, 2014 - December 31, 2014) sales events.  Staff recommendation: Approval, subject to conditions (PLN 2014-10608).

 

8.

BIDS AND PROPOSALS:

 

A.

Award the Public Works Contract for the Removal of Barriers to the Physically Challenged FY 2014-15 to Golden Bay Construction, Inc., in the amount of $217,463.50, and authorization to execute change orders up to approximately 10% of the original price, or $21,700, for a total amount not to exceed $239,163.50 (CE 14-15-01).

 

 

 

 

 

 

9.

BOARDS AND COMMISSIONS FOR ACTION:

 

A.

Civil Service Commission - Minutes of September 8, 2014: Request to note and file.
*Recommendation to approve the modified Job Specifications for Combination Inspector and Electric Utility Equipment Operator; and the new Job Specifications for Sewer Inspection Technician, Health and Wellness Coordinator, Engineering Aide-Fiber, Fiber Splicing Technician, Service Coordinator Inspector-Fiber and Utility Locator.

 

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.

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.

 

13.

REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

 

A.

Reports regarding conference attendance, if any.

 

14.

CITY MANAGER REPORTS:

 

15.

CLOSED SESSION MATTERS:

 

A.

City Attorney Reports:

 

B.

Conference with Labor Negotiators pursuant to Government Code Section 54957.6; City designated representatives: Julio J. Fuentes, City Manager (or designee); Employee Organization(s): Unit #1 - Santa Clara Firefighters Association, IAFF, Local 1171; Unit #2 - Santa Clara Police Officers Association; Unit #3 - IBEW Local 1245 (International Brotherhood of Electrical Workers); Unit #4 - City of Santa Clara Professional Engineers; Units #5, 7 & 8 - City of Santa Clara Employees Association; Unit #6 - AFSCME Local 101 (American Federation of State, County and Municipal Employees); Unit #9 - Miscellaneous Unclassified Management Employees; Unit #9A - Unclassified Police Management Employees; Unit #9B - Unclassified Fire Management Employees; Unit #10 - PSNSEA (Public Safety Non-Sworn Employees Association) and

 

Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.9(a); Vinod K. Sharma, et al. v. Successor Agency to the Redevelopment Agency of the City of Santa Clara, et al. Sacramento County Superior Court Case No. 34-2013-80001396.

 

16.

ADJOURNMENT:

 

A.

To Tuesday evening, September 30, 2014 at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.