MINUTES OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA
FOR MEETING HELD ON TUESDAY EVENING, FEBRUARY 12, 2013

 

 

     The City Council of the City of Santa Clara met 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); and 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).  The Council/Governing Board of the Successor Agency to the City of Santa Clara Redevelopment Agency also met for a Closed Session for a Conference with Legal Counsel-Anticipated Litigation pursuant to Government Code Section 54956.9(a); Potential initiation of litigation: 1 potential case (City Attorney’s memos – 02/07/13).  

 

 

 

 

 

     The Council then met at 7:02 pm for the regular scheduled meeting in the City Hall Council Chambers.  The meeting was opened with the recitation of the Pledge of Allegiance and Statement of Values.

 

 

 

 

 

     Present:  Council Members Debi Davis, Lisa M. Gillmor, Patrick Kolstad, Patricia M. Mahan, Jerry Marsalli and Teresa O’Neill and Mayor Jamie L. Matthews.

    

     Staff present: City Manager, Assistant City Manager, City Planner, Director of Public Works/City Engineer, City Attorney and City Clerk/Auditor.

 

 

 

 

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Planning and Inspection (02/07/13), the Council continue the Public Hearing to February 26, 2013 to consider the Fiscal Year 2013-14 Annual Plan for the Use of Federal Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) Entitlement Funds and refer the item to the City Manager.

 

 

 

 

 

     James Rowen addressed the Council regarding the Public Hearing scheduled for this evening’s meeting concerning the rezoning and Tentative Parcel Map for the project located at 4306 Fillmore Street.  He expressed concern as the property is in the airport flight path.

 

 

 

 

 

     As a Special Order of Business, the Co-Chairs of the Historic Home Tour Committee presented a donation from the Historic Preservation Society of Santa Clara and the Old Quad Residents Association, in the amount of $8,865, from the 2012 Historic Home Tour. Donations were presented to:  J. W. House, Library Heritage Section, Fire Museum, Senior Center Case Management, St. Justin’s Pantry, Santa Clara Schools Foundation, Bill Wilson Center, Santa Clara Rotary Club, Veterans Memorial Brick Flat Fee, Mission City Community Fund and the Old Quad Residents Group.  The Council, per the Public Communications Manager’s memo (02/05/13), accepted the donation from the Historic Preservation Society of Santa Clara and the Old Quad Residents Association for the above-referenced City-specific programs and authorized the transmittal of letters of appreciation.  Photographs were taken.

 

 

 

 

 

     By consensus, the Council referred the City Clerk/Auditor’s memo (02/05/13) regarding the setting of the deadline for receipt of applications and interviews to fill vacancies on the International Exchange Commission to the Council Goal Setting process.

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Chief of Police’s memo (01/30/13), the Council approve setting the salary for newly-hired lateral Police Officer Nicholas Bronte at Step 2, Salary B, Grade 31.

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/05/13), the Council approve setting the salary for Journey Lineworker David Johns at Step 4 (Schedule D1-32). 

 

 

 

 

 

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the City Clerk/City Auditor’s memo (02/06/13), the Council set February 26, 2013 for a public hearing to consider the Appeal (01/15/13) submitted by Deborah Costa of the Planning Commission’s action on the project located at 3499 The Alameda (PLN2012-09176).

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/04/13), the Council approve the use of City Electric Forces for the installation of facilities at 2140 El Camino Real and 2929 Mission College Boulevard.

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Public Works/City Engineer and the Director of Electric Utility’s memo (02/05/13), the Council approve the increase of funding in the amount of $34,050 for the Homestead Road/Kiely Boulevard Traffic Signal Interconnect and Coordination Project and the total for City Manager change order approval by $34,050, from 10% ($118,868) to 12.9% ($152,918).

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Water and Sewer Utilities’ memo (02/05/13), the Council approve and authorize the City Manager to execute Service Order No. 4 with Schaaf & Wheeler Consulting Civil Engineers in an amount not to exceed $26,820 to provide bid and construction services for the Well Destruction Project (WA 30147).

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (02/05/13), the Council approve and authorize the City Manager to execute an Agreement and Covenant Running with the Land with Coresite Coronado Stender, LLC to defer the installation of City standard sidewalk along the frontages of 2900 Coronado Drive and authorize the recording of the Agreement (APN 216-46-020; SC 18,598).  [An email (02/12/13) was received from Dave Kadlecek expressing concern on the waiving of the requirement that sidewalks in industrial areas be brought up to standard.]

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/05/13), the Council approve and authorize the City Manager to execute Call No. 13-4 for Professional Services with Harris and Associates in an amount not to exceed $105,950 for onsite representative, project management and Geographical Information System (GIS) services for the Mission 60kV Extension Project.

 

 

 

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/05/13), the Council approve and authorize the City Manager to execute Call No. 13-1 for Professional Services with Paragon Partners Ltd in an amount not to exceed $75,000 for Electric Department Field Administration Maintenance Services.

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/05/13), the Council approve and authorize the City Manager to execute Call No. 13-1 for Professional Services with Harris and Associates in an amount not to exceed $38,400 for onsite representative, project management and Geographical Information System (GIS) services for the De La Cruz Junction Railroad Crossing and Kenneth Substation Force Main Project.

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/05/13), the Council approve and authorize the City Manager to execute Call No. 13-2 for Professional Services with Harris and Associates in an amount not to exceed $101,810 for overall program and project management services for the Electric Engineering Division.

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Water and Sewer Utilities’ memo (01/31/13), the Council approve and authorize the City Manager to execute Service Order No. 5 for Design Professional Services with GHD Inc. in an amount not to exceed $26,688 to provide mitigation and monitoring services for burrowing owl activities at the Northside Tanks site.

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Acting Assistant Director of Streets and Automotive Services’ memo (01/28/13), the Council approve and authorize the City Manager to execute an Agreement for the Performance of Services with Pump Repair Service Company in an amount not to exceed $250,000 to perform routine inspection and maintenance and non-routine repairs to storm pump station equipment.

 

 

 

 

 

 

 

 

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (02/05/13), the Council approve and authorize the City Manager to execute an Agreement and Covenant Running with the Land with Silicon Valley CA-I, LLC to defer the installation of City standard sidewalk along the frontage of 3393 Octavius Drive and authorize the recording of the Agreement (APN 216-45-025; SC 18,590).  [An email (02/12/13) was received from Dave Kadlecek expressing concern on the waiving of the requirement that sidewalks in industrial areas be brought up to standard.]

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/05/13), the Council approve and authorize the City Manager to execute Call No. 13-3 for Professional Services with Harris and Associates in an amount not to exceed $108,825 for onsite representative, project management and Geographical Information System (GIS) services for the Tasman Demolition Project.

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/05/13), the Council approve and authorize the City Manager to execute an Agreement for the Performance of Services with Precision Iceblast Corporation in an amount not to exceed $200,000 over the three year term to provide maintenance, repair and cleaning for the Heat Recovery Steam Generator (HRSG) at the Donald Von Raesfeld (DVR) Power Plant.

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/05/13), the Council approve and authorize the City Manager to execute Call No. 13-5 for Professional Services with Harris and Associates in an amount not to exceed $31,575 for onsite representative, project management and Geographical Information System (GIS) services for the Mission Water Main Extension Project.

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/05/13), the Council approve and authorize the City Manager to execute Call No. 13-6 for Professional Services with Harris and Associates in an amount not to exceed $159,675 for onsite representative, project management and Geographical Information System (GIS) services for the Mission Substation Project.

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that the Council note and file the following Informational Memo: 72nd Annual Camellia Show – February 23-24, 2013 at the Community Recreation Center (Senior Staff Aide -02/06/13).

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that the Council note and file the Minutes of the Senior Advisory Commission for the meeting of November 26, 2012.

 

 

 

 

 

     PUBLIC HEARING:  The Mayor declared the public hearing open to consider the Director of Planning and Inspection’s memo (01/14/13) recommending the adoption of a Resolution approving the rezoning of the property located at 4306 Fillmore Street from Single Family (R1‑6L) to Planned Development (PD) and of a Resolution approving a Tentative Parcel Map to subdivide the site into two parcels [PLN2012-09360 and PLN2012-09379].  The City Planner reviewed the above-referenced memo, gave an electronic presentation and outlined staff recommendation to adopt two Resolutions rezoning the property and approving a Tentative Parcel Map.  He noted that the project was submitted to the Airport Land Use Commission in November 2012.  Applicant James Redfield reviewed his project and requested that the Council approve the project.  James Rowen addressed the Council with concerns.  The City Planner answered Council questions.  MOTION was made by Mahan, seconded and unanimously carried, that the Council close the Public Hearing.  MOTION was then made by Mahan, seconded and unanimously carried, that the Council adopt RESOLUTION NO. 13-7999 entitled “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, APPROVING A REZONING OF THE PROPERTY LOCATED AT 4306 FILLMORE STREET FROM R1-6L (SINGLE-FAMILY) TO PD (PLANNED DEVELOPMENT) FOR DEVELOPING A NEW SINGLE FAMILY RESIDENTIAL UNIT”  which rezones the property from Single Family (R1‑6L) to Planned Development (PD) and adopt RESOLUTION NO. 13-8000 entitled “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP FOR THE PROPERTY LOCATED AT 4306 FILLMORE STREET, SANTA CLARA, TO SUBDIVIDE THE 0.21 ACRE PROJECT SITE INTO TWO PARCELS” which approves a Tentative Parcel Map to subdivide the site into two parcels.

 

 

 

 

 

PUBLIC HEARING:  The Mayor declared the public hearing open to consider the Director of Public Works/City Engineer’s memo (02/05/13) recommending the approval of a Monitoring Well Encroachment Agreement with Stantec Consulting Services to construct and maintain three groundwater monitoring wells along Bellomy Street across from 2665 The Alameda.  With no public input, MOTION was made by Gillmor, seconded and unanimously carried, that the Council close the Public Hearing.  MOTION was then made by Gillmor, seconded and unanimously carried, that the Council approve the Monitoring Well Encroachment Agreement with Stantec Consulting Services to construct and maintain three groundwater monitoring wells within the public right-of-way along Bellomy Street across from 2665 The Alameda (APN 230-12-012; S.C. 18,599).

 

 

 

 

 

 

 

PUBLIC HEARING:  The Mayor declared the public hearing open to consider the rezoning of the property located at 1079 Alviso Street from Downtown Commercial (CD) to Planned Development (PD) (PLN2012-09486).  With no public input, MOTION was made by Gillmor, seconded and unanimously carried, that per the Director of Public Works/City Engineer’s memo (02/05/13), the Council continue the public hearing to March 12, 2013.

 

 

 

 

 

Under Public Presentations, Maureen Jones addressed the Council expressing concerns regarding water fluoridation (provided handout – 02/12/13). 

 

 

 

 

 

     Under Public Presentations, James Rowen welcomed City Manager Julio J. Fuentes to Santa Clara and made comments regarding diabetes testing.

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Water and Sewer Utilities’ memo (01/31/13), the Council approve an appropriation increase for Water Utility Capital Fund 592, Services and Development Improvements Project 7006, in the amount of $150,000 funded by newly identified development fee revenue not included in the Fiscal Year 2012-13 adopted budget.

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Fire Chief (01/24/13), the Council accept a donation in the amount of $275 from the Korean-American Chamber of Commerce and San Jose Pioneer Lions Club to purchase supplies for the Fire Department’s Smoke Detector Replacement Program; approve estimated revenue of $275 in the Donation – Fire Safety account [067-7821-59650-(G)00491] and appropriations of $275 in the Operating Supplies account [067-7821-87500-(G)00491] and to carry forward the unspent funds to future years; and authorize the transmittal of letters of appreciation signed by the Mayor and City Manager.

 

 

 

 

    

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (02/05/13), the Council approve transfers of the remaining Proposition 1B funds in the amount of $704,010.92 to a new Capital Improvement Project to the following accounts for various City-wide traffic improvements (replacement of traffic signal controllers and failed detection loops; traffic signs, striping and legends; failed pavement; damaged/non-standard metal beam rail guards and related safety devices; and installation of Americans with Disabilities Act (ADA) curb ramps and other pedestrian improvements; bicycle lanes with detection capability; light emitting diode (LED) safety lights at signalized intersections; and traffic signal communication equipment for coordination):  $18,156 from 533-4443-80300-1333-(G)TCR1B (SOFN Street Improvements) to 533-4433-80300-1363 (Various City-wide Traffic Improvements) and $677,854.92 from 533-4443-80300-1358 (Metal Beam Guard Rail Replacement) to 533-4433-80300-1363 (Various City-wide Traffic Improvements); and approve estimated revenue of $8,000 interest income from the Proposition 1B monies account [533-4443-54600-1358-(G)TCR1B] and appropriations of $8,000 to the new project account [533-4433-80300-1363].

 

 

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Fire Chief (02/04/13), the Council accept and approve estimated revenue of $10,000 from the City of Milpitas for recruit firefighters’ participation in the Joint Firefighter Academy hosted by the City of Santa Clara in Fire Department Revenue account (001-7841-59500) and approve appropriations of $8,000 in the Fire Department Capital Outlay account [001-7841-88040-(I)7850] for the purchase of two storage containers for Firefighter Academy equipment and $2,000 in the Fire Department Operating Supplies account [001-7841-87500] for reimbursement of Academy costs.

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that the Council approve the Bills and Claims and Progress Payments.

 

 

 

 

 

 

     Council Member Davis announced the Triton Museum of Art exhibition “Echoes of Islam”.

 

     Council Member Mahan announced the upcoming Annual Camellia Show at the Community Recreation Center.

 

     Potential refund of appeal fee for the Planning Commission’s action on the project located at 3499 The Alameda was referred by consensus to the City Manager.  

 

     Mayor Matthews welcomed City Manager Julio J. Fuentes on behalf of the Council and the community of Santa Clara.

 

 

 

 

 

     City Manager Julio J. Fuentes acknowledged welcoming remarks and expressed appreciation for the City and the community of Santa Clara.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     The City Attorney reported that earlier in the evening the Council met 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 and Unit #10 - Public Safety Non-Sworn Employees Association (PSNSEA) and that there was no reportable action; and 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 that there was no reportable action.  Also, the City Council/Governing Board of the Successor Agency to the City of Santa Clara Redevelopment Agency met for a Conference with Legal Counsel-Anticipated Litigation pursuant to Government Code Section 54956.9(a); Potential initiation of litigation: 1 potential case and that there was no reportable action.

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the City Attorney’s memo (02/07/13), the Council set February 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 and 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.

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, there being no further business, the meeting was adjourned at 7:42 pm in Memory of Gilbert “Sonny” Metzgar (longtime Santa Clara resident and husband of retired City employee Eleanor Metzger) and Foster Steven Lopes (longtime Santa Clara resident, former Senior Advisory Commissioner, served on City committees and teacher for Santa Clara Unified School District) to Tuesday evening, February 26, 2013 at 5:30 pm for a Closed Session in the Council Conference Room and 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.

 

 

 

 

 

 

 

 

 

 

 ATTEST:  ________________________

                     City Clerk

 

 

 

 

APPROVE: ________________________

                     Mayor