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.

 

 

September 25, 2012

 

 

5:30 pm
Closed Session
Council Conference Room
Public Employee Appointment
Pursuant to Government Code Section 54957
Title:  City Manager
[NO REPORTABLE ACTION]
and
Conference with Labor Negotiators
Pursuant to Government Code Section 54957.6
City designated representative: Ronald E. Garratt, Interim City Manager (or designee)
Employee Organizations:
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)
[NO REPORTABLE ACTION]
and
Conference with Legal Counsel-Existing Litigation
Pursuant to Government Code Section 54956.9(a)
Name of case:  Lillie Ware v. Randstad North America L.P.; City of Santa Clara, et. al.
Santa Clara County Superior Court Case No. 111CV215482
[NO REPORTABLE ACTION]


 

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 Gillmor, Kennedy, Mahan, McLeod and Moore and Mayor Matthews.  Absent: Council Member Kolstad (excused).

 

3.

APPROVAL OF MINUTES:

 

A.

August 21, 2012.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

B.

August 28, 2012.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Recognition of Sumaiya Elahi, Wilcox High School student by the Cultural Advisory Commission for the Utility Box Art Program Award themed "A Reflection of Your Community".

 

B.

Interviews and appointment of an applicant to fill a vacancy on the Civil Service Commission for the full term ending June 30, 2016.

 

• ACTION:

Continued to October 16, 2012

 

• ASSIGNMENT:

City Clerk

 

C.

Presentation of a mixed use development proposal at 1313 Franklin Street, 1092 Monroe Street and 1350 Benton Street by Paul J. Nyulassie, Assoc. AIA - Silicon Valley Builders, LLC.

 

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.

Approval of a new rule for the 2013 Clean-Up Campaign, requiring that residents use a bulk bag, no larger than one cubic yard, for setting out specific types of construction and demolition debris consisting of dirt, sod, concrete, bricks, rocks, interior insulation, gypsum drywall and/or sawdust to minimize stormwater run-off pollution potential; and direct the Interim City Manager to investigate the possibility of implementing a residential on-call bulky item collection program with Mission Trail Waste Systems or Recology.

 

• ACTION:

Approved a new rule for the 2013 Clean-Up Campaign, requiring that residents use a bulk bag, no larger than one cubic yard, for setting out specific types of construction and demolition debris consisting of dirt, sod, concrete, bricks, rocks, interior insulation, gypsum drywall and/or sawdust to minimize stormwater run-off pollution potential.

 

• ASSIGNMENT:

Dir. Streets

 

C.

Proposed San Francisco 49ers stadium

 

1.

Approval of an Agreement with the County of Santa Clara, in an amount not to exceed $420,000 over a two year period, for the provision of building inspection staff to accommodate stadium inspection requests and other construction projects and approval of a transfer of funds, in the amount of $420,000, to the building inspection department professional services account.

 

• ACTION:

Withdrawn

 

• ASSIGNMENT:

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.

Approval of the use of City Water Utility forces for water service connections at The Gallery at Central Park, 900 Kiely Boulevard.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Water

2.

Note and file the Departmental Activity Report for the month of July 2012.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

 

 

3.

Adoption of a Resolution approving the 2013 Planning Commission Calendar of meetings.

 

• ACTION:

Adopted Resolution No. 12-7968

 

• ASSIGNMENT:

Dir. Planning

4.

Approval to submit the Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2011-12 for the Community Development Block Grant (CDBG) and Home Investment Partnerships Act Program (HOME) to the US Department of Housing and Urban Development (HUD).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Housing and Comm Services Div.

5.

Approval to set the salary for John Terry, Police Officer at Step 2, Salary B, Grade 31.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Chief of Police

6.

Approval of the Stipulations with Request for Award, based on the recommendation of the City's Workers' Compensation legal counsel, to settle the claim for injury Robert Watson, retired Firefighter, sustained on September 2, 2006.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Human Resources

7.

Approval of the revised job description for Fleet Manager of the Automotive Services Division for the Street and Automotive Services Department.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Human Resources

 

B.

Agreements

 

1.

Approval of an Agreement and Covenant Running with the Land [Deferment of Public Improvements (Public Sidewalk)] with PS Business Parks, LP, to defer the installation of City standard sidewalk along the frontage of 3501 Leonard Court and authorization to record the agreement with the County Recorder. (APN 104-15-124 and 125; SC 18,568)

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

2.

Approval of an Agreement and Covenant Running with the Land [Deferment of Public Improvements (Sidewalk and Standard Driveways)] with Santa Clara Aquamaids, to defer installation of City standard sidewalk and driveways along the frontage of 1600 Martin Avenue and authorization to record the agreement with the County Recorder. (APN 224-06-165; SC 18,564)

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

3.

Approval of Amendment No. 1 to the Agreement for Services with Siemens Industry, Incorporated, in an amount not to exceed $350,449, for Phase 3 of the Meter Data Management System Project for Consumer Data Web Portal and future amendments.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

4.

Approval of Call No. 12-3 for Professional Services with Electrical Consultants, Inc., in an amount not to exceed $126,000, for transmission line design services for re-conductoring the Serra to Brokaw 60kV transmission line.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

5.

Approval of an Agreement for Professional Services with Utility System Efficiencies, Inc., in a form substantially similar to the agreement as presented, subject to final review by the City Attorney, in an amount not to exceed $100,000, for support of Silicon Valley Power's (SVP) North American Electric Reliability Corporation (NERC) Reliability Standards.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

6.

Adoption of a Resolution approving the form and authorizing the execution of a Reimbursement Agreement, a Fee Letter and a Custodian Agreement with Bank of Tokyo - Mitsubishi UFJ, Ltd. relating to the City's Variable Rate Demand Electric Revenue Bonds, Series 2008 B; authorization of all necessary documents, in a form substantially similar to the documents presented, subject to final review by the City Attorney, to complete the transaction; and authorization of payment fees related to this transaction in an amount not to exceed $160,000.

 

• ACTION:

Adopted Resolution No. 12-7973

 

• ASSIGNMENT:

Dir. Electric

 

 

Dir. Finance

7.

Adoption of a Resolution approving the Northern California Power Agency (NCPA) Legislative and Regulatory Affairs Program Agreement and approval of all necessary documents.

 

• ACTION:

Adopted Resolution No. 12-7969

 

• ASSIGNMENT:

Dir. Electric

8.

Approval of an Agreement for the Performance of Services with ABB Inc., in an amount not to exceed $150,000, for maintenance and support of the generation digital control system at the Donald Von Raesfeld (DVR) Power Plant.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

 

 

 

9.

Approval of Call No. 12-10 for Professional Services with Harris and Associates, in an amount not to exceed $12,640, to provide Qualified Storm Water Practitioner (QSP) service for the Mission Substation Underground Transmission Project.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

10.

Approval of Amendment No. 1 to the Agreement for Professional Services with Nalco Company Services, in an amount not to exceed $250,000 for a total not to exceed amount of $600,000, for water treatment services at the Donald Von Raesfeld (DVR) Power Plant.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

11.

Approval of an Agreement and Covenant Running with the Land [Deferment of Public Improvements (Public Sidewalk)] with Balzer Family Investment, LP, to defer the installation of City standard sidewalk until July 2014 at 5452 Betsy Ross Drive and authorization to record the agreement with the County Recorder. (APN 104-50-001; SC 18,577)

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

12.

Approval of an Agreement for the Performance of Services with Infosend, Inc., in the amount of $2,052,000 over the five year period, for bill print and mail services.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

13.

Approval of Call No. 12-1 for Professional Services with Power Pros, in an amount not to exceed $706,738, for acceptance testing services for the Mission Substation Project.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

 

C.

Reports for Information and Possible Action

 

1.

Vote Ethics Postcard Mailer for 2012 Campaign.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

2.

Distribution of the 2012-13 Budget Brochure.

 

• ACTION:

Noted and filed as amended to include a cost breakdown of pension costs

 

• ASSIGNMENT:

City Clerk

 

 

Dir. Finance

 

 

 

 

 

D.

Minutes to Note and File

 

1.

Senior Advisory Commission - July 23, 2012.

 

• 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.

Santa Clara University Art/Art History Building Project, 1043 Alviso Street:  Adoption of a Resolution certifying the Environmental Impact Report (EIR) and adopting the Mitigation Monitoring and Reporting Program (MMRP); adoption of a Resolution rezoning the property from Downtown Commercial (CD), Public (B) and Public/Historic Combining (B/HT) to Planned Development (PD), subject to conditions; and adoption of a Resolution approving the Vesting Tentative Parcel Map to combine two lots into a single parcel to allow the proposed project development, subject to conditions.  [CEQ2011-01129/SCH# 2012032045, PLN2011-08955; PLN2012-09322]

 

• ACTION:

Adopted Resolution Nos. 12-7970, 12-7971 as amended to include collaboration with the Planning Department and Architectural Review Committee regarding  P4 and PD8 of the Conditions of Approval and 12-7972

 

• ASSIGNMENT:

Dir. Planning

 

9.

BIDS AND PROPOSALS:

 

A.

Award of contract to Golden Bay Construction, Inc., in the amount of $1,226,070, for the San Tomas Aquino - Saratoga Creek Trail On-Street Portion Enhancements Project and approval of change orders up to 10% of the original contract price, for a total amount not to exceed $1,348,677. (CE 11-12-01)

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

 

 

 

 

 

 

 

10.

BOARDS AND COMMISSIONS FOR ACTION:

 

A.

Civil Service Commission - Minutes of the September 17, 2012 meeting:  Request to note and file.
* Recommendation to approve the modified job descriptions for the Financial Analyst and Key Customer Representative.

 

• ACTION:

Noted and filed the Minutes and approved Commissions' recommendation

 

• ASSIGNMENT:

City Clerk

 

 

Dir. Human Resources

 

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.

Ken Heiman:  Comments of concern regarding furlough closures at City library facilities

 

13.

REPORTS FOR COUNCIL ACTION:

 

A.

Approval to establish an Electric Utility Renewable Energy Reserve account to allocate and manage excess procurement Renewable Energy Credits (REC) sales and authorization to transfer funds, in the amount of $12,925,722.99, to the Electric Utility Renewable Energy Reserve account.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

 

B.

Acceptance and appropriation of the Certified Unified Program Agency (CUPA) Electronic Reporting Grant funds, in the amount of $71,548, for implementation and administration of the state mandated electronic reporting program and approval of related documents to the grant.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Fire Chief

 

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.

 

16.

CITY MANAGER REPORTS:

 

17.

CLOSED SESSION MATTERS:

 

A.

City Attorney Reports:

 

B.

Set October 16, 2012 at 6:00 pm for a Closed Session in the Council Conference Room for Public Employee Appointment pursuant to Government Code Section 54957; Title: City Manager; and for a Conference with Labor Negotiators pursuant to Government Code Section 54957.6; City designated representative: Ronald E. Garratt, Interim City Manager (or designee); Employee Organizations: 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).

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Attorney

 

18.

ADJOURNMENT:

 

A.

In Memory of George R. Souza (longtime Santa Clara resident and former City employee, retired as Park Maintenance Operations Supervisor after more than 32 years of service), Rodrigo "Roddy" Magallanes, Jr. (longtime Santa Clara resident and husband to City employee, Rowena Reyes, Office Specialist III in the Police Department) and Donna Mori Mills (sister-in-law to John Mills, Communications Operations Manager in the Police Department) to Tuesday evening, October 16, 2012 at 6:00 pm for a Closed Session in the Council Conference Room and at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.