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.

 

 

March 12, 2013

 

 

5:30 pm
Closed Session
Council Member Kolstad participated remotely from
999 Ninth Street, N.W., Washington, D.C.
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
Unit #6 - American Federation of State, County and Municipal Employees (AFSCME), Local 101
Unit #9A - Unclassified Police Management Employees
Unit #9B - Unclassified Fire Management Employees
Unit #10 - Public Safety Non-Sworn Employees Association (PSNSEA)
[City Attorney reported on the agreements for the following Employee Organization(s):
Unit #2 - Santa Clara Police Officer's Association and
Unit #3 - International Brotherhood of Electrical Workers (IBEW), Local 1245]
and
Conference with Real Property Negotiator
Pursuant to Government Code Section 54956.8
Property: APN 104-43-030; APN 104-42-019; APN 104-55-017; APN 104-55-016;
APN 104-43-052; APN 104-43-051; APN 104-43-004; APN 104-42-014; APN 104-43-049;
Negotiating Party(ies): Roger Goodell, Commissioner (or his designee),
National Football League, a not-for-profit trade association
under Section 501(c)(6) of the Internal Revenue Code;
City Negotiator: Julio J. Fuentes, City Manager (or his designee)
Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property
(provisions, price and terms of payment)
[NO REPORTABLE ACTION]
and
City Council/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: 1 potential case
[NO REPORTABLE ACTION]
and
City Council/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
[NO REPORTABLE ACTION]

6:00 pm
Reception Lobby Area
adjacent to the City Clerk's Office
Senior Advisory Commission Interviews
to fill one partial term ending June 30, 2014

 

 

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:

 

A.

Present:  Council Members Davis, Gillmor, Mahan, Marsalli and O'Neill and Mayor Matthews.  Absent:  Council Member Kolstad.

 

3.

APPROVAL OF MINUTES:

 

A.

February 12, 2013.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

B.

February 19, 2013 - Special Meeting.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

4.

CONTINUANCE/EXCEPTIONS:

 

A.

Continue to March 26, 2013 the Public Hearing for the Santa Clara Town Centre Project located at 2000-2118 El Camino Real for adoption of resolutions certifying the Environmental Impact Report (EIR) and approving Architectural Review for the shopping center renovation.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

 

B.

Continue to March 26, 2013 the Public Hearing for the Gallery at Central Park Project located at 900 Kiely Boulevard to consider and pass to print an Ordinance amending the Development Agreement for an in-lieu affordable housing payment.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Appointment to fill a vacancy on the Senior Advisory Commission for the partial term ending June 30, 2014.

 

• ACTION:

Appointed Wanda Buck.

 

• ASSIGNMENT:

Dir. Parks

 

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.

San Francisco 49ers Stadium: 

 

1.

Adoption of Resolutions naming 1) the southern portion of the former, now vacated, public right-of-way within the 49ers Stadium area south of Tasman Drive from Centennial Boulevard to an access drive to be known as Marie P DeBartolo Way, and 2) the newly constructed access drive on the south side of the 49ers Training Facility as Bill Walsh Drive.

 

• ACTION:

Adopted Resolution No. 13-8003 and Resolution No. 13-8004.

 

• ASSIGNMENT:

City Manager

 

 

Dir. Planning

 

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 amending the Water Supply Agreement with the City and County of San Francisco Public Utilities Commission.

 

• ACTION:

Adopted Resolution No. 13-8005.

 

• ASSIGNMENT:

Dir. Water

2.

Approval of the use of City Electric forces for the installation of facilities at 2825 Lakeside Drive.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

3.

Approval of the results for the Silicon Valley Power Public Benefit Program through Fiscal Year 2011-2012 and authorize the reporting of the information to customers and others as required.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

 

B.

Agreements

 

1.

Approval of Call No. 13-1 for Professional Services with Milton Security Group Inc. in an amount not to exceed $72,000 for Disaster Recovery and Symantec Endpoint Protection Support for the Electric Department.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

2.

Approval of Amendment No. 1 to Call No. 12-1 for Professional Services with Electrical Consultants, Inc. in an amount not to exceed $50,000 (for a total not to exceed $150,000) to allow for additional miscellaneous engineering support to the Electric Department.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

 

C.

Reports for Information and Possible Action

 

1.

Settlement of Northern California River Watch v. City of Santa Clara, et al., U.S. District Court, California Northern District (San Francisco) Case No. 3:12-cv-05974-JSC.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

2.

Approval to Purchase Traffic Signal Controller Cabinets and Associated Equipment for Stadium Off-site Work.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

3.

Silicon Valley Power's 2012 Residential Customer Satisfaction Survey Results.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

D.

Minutes to Note and File

 

1.

International Exchange Commission - February 5, 2013.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

2.

Board of Library Trustees:  December 3, 2012.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

3.

Board of Library Trustees:  February 4, 2013.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

4.

Parks and Recreation Commission - August 21, 2012.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

5.

Parks and Recreation Commission - September 18, 2012.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

6.

Parks and Recreation Commission - October 16, 2012.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

7.

Parks and Recreation Commission - November 20, 2012.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

E.

Routine Written Petitions for Approval

 

1.

Approval of a Contribution Agreement with Buchser Middle School Music Association for $10,000 in matching funds from the Championship Team Fund to perform at Disneyland in Anaheim, California, on May 11-14, 2013.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

2.

Approval of a Contribution Agreement with the Santa Clara Unified School District/Santa Clara High School Spirit Squad for $1,676 in matching funds from the Championship Team Fund for travel to Anaheim, California, to complete in the USA Spirit National Championship on March 15-17, 2013.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

 

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.

Property located at 1079 Alviso Street:  Adoption of a Resolution approving the Rezone from Downtown Commercial (CD) to Planned Development (PD), subject to conditions (PLN2012-09486).

 

• ACTION:

Adopted Resolution No. 13-8006 per staff's recommendation with a modification to Condition E14 relating to the timing of the construction of utility facilities.

 

• ASSIGNMENT:

Dir. Planning

 

B.

Property located at 930 Bellomy Street:  Adoption of a Resolution granting a Special Zoning Exception leading to rezoning from Single-Family Residential (R1-6L) to Planned Development (PD) for use as off-campus housing as a dormitory, fraternity or sorority house, subject to a 3-month term and conditions (PLN2012-09472).

 

• ACTION:

Continued to March 26, 2013.

 

• ASSIGNMENT:

Dir. Planning

 

C.

Allocation of Fiscal Year 2013-14 Annual Plan for the use of Federal Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) Federal Entitlement Funds: 
1) Approval of the Funding Proposal Summary allocations;
2) Authorization to adjust individual allocation amounts based on actual CDBG and HOME entitlement grants.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Housing and Comm Services Div.

 

9.

BIDS AND PROPOSALS:

 

A.

Award of Contract:  Rabello and Northside Pump Station Generators to Anderson Pacific Engineering Construction, Inc. in the amount of $1,100,000; authorization to execute change orders up to 10% of the original contract price, or $110,000 for a total amount not to exceed $1,210,000 and approval to transfer $419,000 to cover the cost (CE 11-12-05) .

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

 

B.

Award of Contract:  Destruction of Wells No. 1-02, 19 and 33 Project to Commercial Pump & Mechanical, Inc. in the amount of $216,813 and authorization to execute contingencies up to 10% of the original contract price, or $21,600 (WA 30147) .

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Water

 

10.

BOARDS AND COMMISSIONS FOR ACTION:

 

A.

Parks and Recreation Commission - Minutes of July 17, 2012:  Request to note and file.
* Approval of an amendment to the Youth Soccer Park Facility Use policy that any non-resident facility use fees generated from Park facility use be deposited into an account designated and allocated for improvements to the Park.

 

• ACTION:

Approved the Commission's recommendation and noted and filed the Minutes

 

• 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.

John Tucker, Yolanda Curtis, Garrett Brown and Carlos Gaona:  In support of AFSCME, Local 101, Unit #6.

 

B.

Bobbie Ruma:  Concerns regarding public safety and crosswalk near Valley Village.

 

C.

Steve Hazel:  Concerns regarding potential hosting of Superbowl.

 

D.

Kim Stedman and Vicki Field:  In support of "Beautiful Day" organization regarding community makeover efforts.

 

E.

Thomas Regul:  Concerning a disabled placard citation he received.

 

13.

REPORTS FOR COUNCIL ACTION:

 

A.

Adoption of an Emergency Ordinance instituting a moratorium on the establishment of smoking lounges for a period of 45 days.

 

• ACTION:

Adopted Ordinance No. 1902.

 

• ASSIGNMENT:

City Attorney

 

B.

Adoption of a Resolution authorizing the issuance of City of Santa Clara Electric Revenue Refunding Bonds, Series 2013A, in a principal amount not to exceed $82.5 million and use of proceeds to refund City of Santa Clara Subordinated Electric Revenue Bonds, Series 2003A.

 

• ACTION:

Adopted Resolution No. 13-8007.

 

• ASSIGNMENT:

Dir. Finance

 

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.

Mayor Matthews:  Request to establish a Council Committee "Review Consolidation Options for City Board & Commissions Ad Hoc Committee" and appoint three City Council Members to the Committee.

 

• ACTION:

Appointed Council Members Davis, Mahan and O'Neill.

 

• ASSIGNMENT:

City Manager

 

C.

Council Member O'Neill:  Regarding the reroute of the San Tomas Creek Trail during the 49ers stadium construction.

 

D.

Council Member Davis:  Encouraged resident attendance at the Americans with Disabilities Act Committee meetings.

 

E.

Mayor Matthews:  Referenced his calendar Activity Report.

 

16.

CITY MANAGER REPORTS:

 

17.

CLOSED SESSION MATTERS:

 

A.

City Attorney reported on the agreements resulting from the Closed Session held earlier pursuant to Government Code Section 54957.6 for the following Employee Organization(s):  Unit #2 - Santa Clara Police Officer's Association and Unit #3 - International Brotherhood of Electrical Workers (IBEW), Local 1245.

 

B.

Set March 26, 2013 at 5:30 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; Unit #6 - American Federation of State, County and Municipal Employees (AFSCME), Local 101; Unit #9A - Unclassified Police Management Employees; Unit #9B - Unclassified Fire Management Employees; Unit #10 - Public Safety Non-Sworn Employees Association (PSNSEA); a Conference with Real Property Negotiator pursuant to Government Code Section 54956.8; Property:  APN 104-43-030; APN 104-42-019; APN 104-55-017; APN 104-55-016; APN 104-43-052; APN 104-43-051; APN 104-43-004; APN 104-42-014; APN 104-43-049; Negotiating Party(ies):  Roger Goodell, Commissioner (or his designee), National Football League, a not-for-profit trade association under Section 501(c)(6) of the Internal Revenue Code; City Negotiator:  Julio J. Fuentes, City Manager (or his designee); Under Negotiation:  Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment); and a Conference with Legal Counsel-Anticipated Litigation pursuant to Government Code Section 54956.9(a); Potential initiation of litigation:  1 potential case.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Attorney

 

18.

ADJOURNMENT:

 

A.

In Memory of Paul Stein (longtime Santa Clara resident and original charter member of the Americans with Disabilities Act (ADA) Committee) and Douglas Towne (Police Department Community Service Officer since 2000) to Tuesday evening, March 26, 2013 at 5:30 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.