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.

 

November 19, 2013

 

5:00 pm
Development Review Study Sessions
City Hall Council Chambers
Project Title:
Monticello Village Project
Location: 3515-3585 Monroe Street, single parcel totaling 16.11 acres

located at the northeast corner of French Street and Monroe Street

 (APN: 216-25-006).  Property is zoned Planned Industrial (MP).
Applicant: Kerry Williams, Irvine Company
Owner: Irvine Company
Project Description: The project proposes a Rezone from Planned Industrial (MP) to

Planned Development (PD)  to allow the demolition of existing structures on site and

 the construction of a mixed use development comprised of 825 units, 43,849 square feet of

retail and 16,688 square feet of amenities. Approvals for the project may include

Planned Development Rezoning, Vesting Tentative Parcel Map, Architectural Review

and a General Plan Amendment. 
and
Location: 100 N. Winchester, a 1.86 acre parcel south of

Pruneridge Avenue and north of Fernwood Avenue (APN 303-16-073)
Applicant: J. Robert Meserve for MDM Investment Group
Owner: T Jack Foster, Jr.
Request:  Preliminary review for the conversion of an existing three-story

 office building to a 60-unit residential building with 2,210 square feet of office space.

6:00 pm
Closed Session
Council Conference Room
Conference with Labor Negotiators
Pursuant to Government Code Section 54957.6
City designated representative: 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 - International Brotherhood of Electrical Workers (IBEW), Local 1245
Unit #4 - City of Santa Clara Professional Engineers
Units #5, 7 & 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 Management Employees
Unit #9B - Unclassified Fire Management Employees
Unit #10 - Public Safety Non-Sworn Employees Association (PSNSEA)
and
Conference with Real Property Negotiator
Pursuant to Government Code Section 54956.8
Property: APN 097-01-039, 097-01-073, 104-01-102 and 104-03-036
Negotiating Party(ies): Larry MacNeil and Jim Mercurio, The San Francisco 49ers
City Negotiator: Julio J. Fuentes, City Manager (or designee)
Under Negotiation: Parking Rights Agreement
and
City Council/City Council acting as the 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
and
City Council/City Council acting as the Governing Board of the

Successor Agency to the City of Santa Clara Redevelopment Agency
Conference with Legal Counsel - Anticipated Litigation
Pursuant to Government Code Section 54956.9(a)
Potential initiation of litigation: 2 potential cases

 

 

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.

CONTINUANCE/EXCEPTIONS:

 

A.

Approval to continue to January 28, 2014 the Public Hearing for the proposed rezoning of the property located at 1575 Pomeroy Avenue from R1-6L to Planned Development (PD) for a 5-unit apartment project.

 

4.

SPECIAL ORDER OF BUSINESS:

 

A.

Debut of Santa Clara Convention Center and Visitors Bureau multimedia experience highlighting Santa Clara and Silicon Valley.

 

B.

Presentation on San Jose-Santa Clara Regional Wastewater Facility Environmental Impact Report (EIR) and Plant Master Plan.

 

C.

Presentation regarding the Transportation Management and Operations Plan (TMOP) for Levi's Stadium.

 


 

5.

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.)

 

6.

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.

Acceptance of the public improvements performed by Devcon Construction for the site located at 3333 Scott Boulevard and authorization to record the Notice of Completion with the County Recorder (Site 7130; EP 13,047; APN 216-31-080).

2.

Acceptance of the public improvements performed by Hathaway-Dinwiddie for the site located at 5451 and 5455 Great America Parkway and authorization to record a Notice of Completion with the County Recorder (Site 6086; EP 13,042 and 13049; APN 104-01-100).

3.

Acceptance of the work performed by Redwood Engineering on the Senior Center Emergency Standby Generator project and authorization to record the Notice of Completion with the County Recorder (CE 11-12-12).

4.

Acceptance of the Monthly Financial Status Reports for September 2013.

5.

Adoption of a Resolution amending Rate Schedules for utility service applicable to all classes of customers, to increase electric rates and charges in each Rate Schedule by five percent beginning January 1, 2014.

6.

Note and file the second proposed restated Covenants, Conditions and Restrictions (CC&Rs) and Bylaws for the Woodsborough Homes Association.

7.

Acceptance of the Santa Clara Convention Center and Convention-Visitors Bureau (SCCC-CVB) Activity Report for Fiscal Year 2013-14 First Quarter, as submitted by the SCCC-CVB.

8.

Approval to transmit a letter of support for the Santa Clara Unified School District and City of San Jose Joint Proposal to purchase the Agnews Development Center (East) property located at 3500 Zanker Road in San Jose from the State of California Department of General Services for school and park development.

 


 

B.

Agreements

 

1.

Approval of Call No. 13-6 for Professional Services with Milton Security Group, LLC, in an amount not to exceed $23,400, for subscriber management and subject matter expertise services for the Electric Department Marketing Division.

2.

Approval of Amendment No. 3 to the Master Agreement with Elster Solutions, LLC, in an amount not to exceed $794,893.33 for a total not to exceed amount of $7,447,252.40, for the installation of 17,000 electric meters.

3.

Approval of Amendment No. 2 to the Agreement for Professional Services with Pacific Municipal Consultants (PMC) to extend the agreement termination date to March 31, 2014.

4.

Approval of the Fiber Lease Agreement with Lit San Leandro, LLC for long term use of dark fiber routes.

5.

Approval of a Legal Services Agreement with Sedgwick LLP, in an amount not to exceed $150,000, for legal services related to the proposed developments in and around the present Santa Clara Golf and Tennis Club.

 

C.

Reports for Information and Possible Action

 

D.

Minutes to Note and File

 

1.

Senior Advisory Commission - September 23, 2013.

 

E.

Routine Written Petitions for Approval

 

1.

Fausto A. Flores Paz, Orchard Supply Hardware - 3615 El Camino Real: Request for a Special Permit to allow for seasonal Christmas tree sales in the parking lot for the years 2013 and 2014. Staff recommendation: Approval (retroactive), subject to conditions (PLN2013-10090).

 

7.

BOARDS AND COMMISSIONS FOR ACTION:

 

8.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

9.

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.

 


 

10.

REPORTS FOR COUNCIL ACTION:

 

A.

Approval to appropriate funds from the Water and Sewer Utility, in the amount of $250,000, and from the Capital Project Reserve, in the amount of $400,000, to upgrade the structures on the El Camino Corridor and the Union Pacific Railroad (UPRR) Trestle at Lafayette Street.

 

B.

Approval of the change to the Silicon Valley Barbeque Championships and Santa Clara All-City Picnic to return the traditional All City Picnic to July 4th, incorporating the previous local non-profit charities; authorization to make any necessary amendments to the Agreement for the Performance of Services with Rotary International of Santa Clara related to the event; direct the development of additional opportunities for providing music, recreation and entertainment activities to "kick off" the summer recreational season in Central Park; and appropriate and reallocate funds, in an amount not to exceed $48,000 for Fiscal Year 2013-14, from the General Fund to Special Event Appropriations.

 

C.

Adoption of a Resolution establishing the findings of fact for amendments to the California Building Standards; adoption of an Emergency Ordinance and pass to print an Ordinance, on a regular basis, amending Chapter 15.60 (Santa Clara Municipal Fire and Environmental Code) of the City Code, which adopts the 2012 International Fire Code, as amended by the State of California, to be effective January 1, 2014.

 

D.

Adoption of a Resolution establishing the express findings and justification for amendments to the Model Codes and authorize the filing of the Resolution with the California Buildings Standards Commission; adoption of an Emergency Ordinance and pass to print an Ordinance, on a regular basis, amending Chapter 15.15 (Building Code), Chapter 15.17 (Residential Code), Chapter 15.20 (Electric Code), Chapter 15.30 (Mechanical Code), Chapter 15.35 (Plumbing Code) and Chapter 15.75 (International Existing Building Code) of Title 15 (Buildings and Construction) of the City Code, which adopts the Model Codes, as amended by the State of California, to be effective January 1, 2014.

 

11.

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.

 

12.

REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

 

A.

Reports regarding conference attendance, if any.

 

13.

CITY MANAGER REPORTS:

 


 

14.

CLOSED SESSION MATTERS:

 

A.

City Attorney Reports:

 

B.

Set December 3, 2013 at 6:00 pm for a Closed Session in the Council Conference Room for a Conference with Labor Negotiators pursuant to Government Code Section 54957.6; City designated representative: 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 - International Brotherhood of Electrical Workers (IBEW), Local 1245; Unit #4 - City of Santa Clara Professional Engineers; Units #5, 7 & 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 Management Employees; Unit #9B - Unclassified Fire Management Employees; and Unit #10 - Public Safety Non-Sworn Employees Association (PSNSEA); Conference with Real Property Negotiator pursuant to Government Code Section 54956.8; Property: APN 097-01-039, 097-01-073, 104-01-102 and 104-03-036; Negotiating Party(ies): Larry MacNeil and Jim Mercurio, The San Francisco 49ers; City Negotiator: Julio J. Fuentes, City Manager (or designee); Under negotiation: Parking Rights Agreement; 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 for a Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9(a); Potential initiation of litigation: 1 potential case.

 

15.

ADJOURNMENT:

 

A.

To Wednesday evening, November 20, 2013 at for a Work Study Session, Strategic Planning Update at 6:00 pm at the Santa Clara Central Park Library, Redwood Room and to Tuesday evening, December 3, 2013 at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.