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.

 

July 05, 2011

 

6:00 pm
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)
and
Conference with Real Property Negotiator
Pursuant to Government Code Section 54956.8
Property:  APN 104-43-030
Negotiating Party(ies):  Santa Clara Stadium Authority 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)
and
Conference with Legal Counsel
(Anticipated Litigation) Pursuant to Government Code Section 54956.9(b)(1)
(Facts and Circumstances) Pursuant to Government Code Section 54956.9(b)(3)(C)
City as potential defendant: June 2, 2011, letter from Robert Rubin of Lawyers Committee for Civil Rights of the San Francisco Bay Area regarding the City's election system

 

 

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.

Request to excuse Council Member Kennedy.

 

3.

APPROVAL OF MINUTES:

 

A.

May 24, 2011.

 

B.

June 7, 2011.

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Recognition of outgoing Commissioners.

 

B.

Presentation of the history of the City's New Park Estate by Honorary City Historian, Lorie Garcia.

 

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.

Acceptance of the Study of Land Use and Secondary Effects of Medical Marijuana Dispensaries and pass to print an Ordinance amending Section 18.06.010 (Definitions) of Chapter 18.06 (Definitions) of Title 18 (Zoning) and adding a new Chapter 18.102 (Medical Marijuana Dispensaries) to Title 18 (Zoning) of the City Code to prohibit medical marijuana dispensaries.

 

C.

Angele Marshall, San Francisco 49ers - 4949 Centennial Boulevard: Request for an Outdoor Amplification of Music Permit for a fan engagement event on July 16, 2011 from 8:00 pm until 11:45 pm. Staff recommendation: Approval, subject to conditions.

 


 

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 to set the salary of newly-hired lateral Police Officers Frank Hagg and Lauren Larsen at Step 2, Salary Plan B, Grade 31.

2.

Approval for the use of City Water Utility forces for the water and recycled water main connections and inspection at 2625 Walsh Avenue, 500 El Camino Real - Admissions Building and 500 El Camino Real - Graham Residence.

3.

Approval of the City of Santa Clara's attestation related to the City's Power Source Disclosure Report to the California Energy Commission for 2010.

4.

Approval of the plans and specifications for South of Forest Neighborhood (SOFN) Street Improvements Phase IV- Harold Avenue and Brookside Avenue Reconstruction and authorization to make minor modifications, if necessary, and to advertise for bids (CE 10-11-13).

5.

Approval for the use of City Electric forces for the installation of facilities at 2972 Stender Way, the west side of Northwestern Parkway north of Walsh Avenue and 2905 Mead Avenue.

6.

Acceptance of the Monthly Financial Status Reports for the month of April 2011.

7.

Acceptance of the donation from Wilcox Dads Grads & Moms Booster Club, in the amount of $1,000, to help support the 2011 Wade Brummal Foundation and authorization to transmit a letter of appreciation.

8.

Approval (retroactive) to submit a letter of support to the Citizens Redistricting Commission for the redistricting first draft maps that place the City of Santa Clara in a single legislative district within Santa Clara County.

 

B.

Agreements

 

1.

Approval of Call No. 11-5 for Professional Services with Paragon Partners, Ltd., in an amount not to exceed $75,000, for Electric Department field administration maintenance services.

2.

Approval of Call No. 11-3 for Professional Services with MTH Engineers, Inc., in an amount not to exceed $32,810, for engineering and design services to upgrade the line protection relays at Mathew Substation.


 

3.

Approval of an Agreement with the Santa Clara Chamber of Commerce and Convention-Visitors Bureau (SCCC-CVB), in an amount not to exceed $1,521,526, for convention and visitors services for Fiscal Year 2011-12.

4.

Approval of an Agreement for the Performance of Services with Hart High Voltage, in an amount not to exceed $100,000, for high voltage apparatus repair and testing at the Electric Department Generation Facilities.

5.

Approval of Call No. 11-4 for Professional Services with LinkPath Communications, Inc., in an amount not to exceed $90,000, to provide network operations monitoring, technical support and customer service support for the Wi-Fi Network.

6.

Approval of Call No. 11-12 for Professional Services with Harris and Associates, in an amount not to exceed $70,000, to provide insurance professional services to the Electric Department.

7.

Approval of an Electric Service Agreement with Microsoft Corporation for the purchase of electricity on a long-term basis in exchange for certain discounted rates beyond the year 2011.

8.

Approval of a Call Agreement for Software Services with Telvent USA Corporation and Call No. 11-1 for Professional Services, in an amount not to exceed $167,429, for the Geographic Information System (GIS) Responder Outage Management System (OMS) Application.

9.

Approval of Amendment No. 2 to the Agreement for Services with Victor W. Fung, in an amount not to exceed $79,396, for consultant services for the fire records management system maintenance and technical support of the specialized Fire Department software systems from October 1, 2011 though September 30, 2012.

10.

Approval of Call No. 11-1 for Professional Services with Milton Security Group, LLC, in an amount not to exceed $145,500, for network and security consulting support for the Electric Department Resources Division.

11.

Approval of Amendment No. 1 to Call No. 10-4 for Professional Services with MTH Engineers, Inc., in an amount not to exceed $16,499 for a total not to exceed amount of $79,184.75, to increase the cost and extend the term of the Call to May 31, 2012 to allow for additional consulting services for engineering, design and construction support at the Uranium Substation.

12.

Approval of Amendment No. 1 to Call 10-3 for Professional Services with MTH Engineers, Inc., in an amount not to exceed $46,214 for a total not to exceed amount of $141,065.35, to increase the cost and extend the term of the Call to May 31, 2012, to allow for additional consulting services for engineering, design and construction support at Walsh Substation.

13.

Approval of Call No. 11-2 for Professional Services with Electrical Reliability Services, Inc., in an amount not to exceed $323,860, for substation testing and commissioning services for Walsh Substation.

14.

Approval of Call No. 11-2 for Professional Services with MTH Engineers, Inc., in an amount not to exceed $38,700, for engineering and design services to upgrade line protection relays at Brokaw Substation.

15.

Approval of Amendment No. 1 to Call No. 10-1 for Professional Services with Applied Power Technologies, Inc., at no additional cost to the City, to extend miscellaneous Power Quality Monitoring ION Enterprise hardware and software services until December 31, 2012.

16.

Approval of an Agreement for Professional Services with Cornerstone Earth Group, Inc., in an amount not to exceed $204,000, to provide Geotechnical Services for the Tasman Drive Parking Structure Project and authorization to make minor non-substantive modifications, if necessary.

17.

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 2011-12.

 

C.

Reports for Information and Possible Action

 

1.

State's Budget Vote June 28, 2011 Eliminates Redevelopment Agencies Unless City Makes Payments to State.

 

D.

Minutes to Note and File

 

1.

Planning Commission - May 25, 2011.

 

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.

Pass to print an Ordinance amending Chapter 18.58 (Regulations for HT - Historic Combining Districts) of the City Code to allow HT zoned properties reversion to residential uses and adoption of a Resolution setting HT permit fees as a Zoning Administrator action at the rates established in the City's Municipal Fee Schedule.

 

B.

Adoption of a Resolution adopting the Traffic Mitigation Program Report and Traffic Impact Fee for Fiscal Year 2011-12.

 

C.

Adoption of a Resolution approving the Annual Report in connection with Traffic Mitigation Assessment District No. 1988-1 for Fiscal Year 2011-12 and confirming an assessment for Fiscal Year 2011-12.

 


 

D.

Adoption of a Resolution confirming the report of the Fire Chief on the cost of weed abatement and confirming assessment to pay the cost and expenses in conjunction with the 2011 Weed Abatement Program.

 

9.

WRITTEN PETITION:

 

A.

Informational memo: Resident concerns about possible closure of Franklin Square Post Office.

 

10.

BIDS AND PROPOSALS:

 

A.

Award of Public Works contract for the City of Santa of Santa Clara Various Streets Rehabilitation Project for Benton Street, Cronin Drive and Pruneridge Avenue to MCK Services, Inc., in the amount of $1,308,969.59, and authorization to execute Change Orders up to 10% of the contract amount or $130,896.96 (CE 11-12-04).

 

B.

Award of contract for the Parkway Park Restroom Project to CRW Industries, Inc., in the amount of $247,927 and authorization to execute change orders up to 10% of the contract amount or $24,792.70 (PK10-11-02).

 

11.

BOARDS AND COMMISSIONS FOR ACTION:

 

12.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

13.

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.

 

14.

REPORTS FOR COUNCIL ACTION:

 

A.

Adoption of a Resolution authorizing the acceptance of a Department of Alcoholic Beverage Control (ABC) Grant to be utilized to fund a variety of overtime assignments for combating both underage drinking and ABC violations and approval and appropriation of estimated revenue, in the amount of $55,000 and authorization to execute all related documents.

 


 

B.

Approval of the Cost Sharing Agreement with the County of Santa Clara, in an amount not to exceed $1,680,000, for intersection improvements at El Camino Real and San Tomas Expressway; authorization to execute and to make minor, non-substantive modifications, if necessary; approval of additional appropriations, in the amount of $611,027, to the El Camino Real at San Tomas Expressway project; and acceptance and appropriation of estimated revenue, in the amount of $272,563, for the El Camino Real at San Tomas Expressway project.

 

15.

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.

 

16.

REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

 

A.

Reports regarding conference attendance, if any.

 

B.

Appointment of Council Member Gillmor to the Economic Development Committee effective July 1, 2011.

 

17.

CITY MANAGER REPORTS:

 

18.

CLOSED SESSION MATTERS:

 

A.

Set July 12, 2011 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) and Conference with Real Property Negotiator pursuant to Government Code Section 54956.8; Property APN: 104-43-030; Negotiating Party(ies): Santa Clara Stadium Authority 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). 

 

19.

ADJOURNMENT:

 

A.

To Tuesday evening, July 12, 2011 at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.