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.

 

 

February 25, 2014

 

 

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 - IBEW Local 1245 (International Brotherhood of Electrical Workers)
Unit #4 - City of Santa Clara Professional Engineers
Units #5,7 & 8 - City of Santa Clara Employees Association
Unit #6 - AFSCME Local 101 (American Federation of State, County and Municipal Employees)
Unit #9 - Miscellaneous Unclassified Management Employees
Unit #9A - Unclassified Police Management Employees
Unit # 9B - Unclassified Fire Management Employees
Unit #10 - PSNSEA (Public Safety Non-Sworn Employees Association)
[Approved amendments to Section 5 of the current MOUs for Units 9A and 9B

 and directed the City Manager to enter into side letters]

and
Conference with Real Property Negotiator
Pursuant to Government Code Section 54956.8
Property: APN 269-43-018 and APN 269-36-082
City/Authority Negotiator: Julio J. Fuentes, City Manager
Negotiating Parties: Larry Adams, Santa Clara Unified School District
Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment)
[NO REPORTABLE ACTION]
and
City Council/Successor Agency to the City of Santa Clara
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]
and

 

 

 


Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Section 54956.9(a)
A.C. v. City of Santa Clara, et al.
United States District Court, Case No. CV13-3276 JCS
[NO REPORTABLE ACTION]
and
City Council/Successor Agency to the City of Santa Clara
Conference with Legal Counsel - Anticipated Litigation
Pursuant to Government Code Section 54956.9(a)
Potential initiation of litigation: 1 potential case
[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 STATEMENT OF VALUES:

 

2.

ROLL CALL:

 

A.

Present: Council Members Davis, Gillmor, Kolstad, Mahan and O'Neill and Mayor Matthews. Absent: Vice-Mayor Marsalli (excused).

 

3.

APPROVAL OF MINUTES:

 

A.

January 14, 2014.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

B.

January 21, 2014 - Special Meeting.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

C.

January 28, 2014.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Recognition of Donald Sutton for his donation of a new Jet Deluxe 15-inch Pro Band Saw, valued at $1,274.14, for use at the Woodshop at the Santa Clara Senior Center and authorization to transmit a letter of appreciation.

 

B.

Presentation of proceeds from the Historic Preservation Society of Santa Clara and Old Quad Residents Association 2013 Historic Home Tour for City-specific programs and authorization to transmit a letter of appreciation.

 

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.)

 

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 results for the Silicon Valley Power (SVP) Public Benefit Program through Fiscal Year 2012-2013 and authorization to report this information to customers and others.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

2.

Acceptance of the donation of a Standard Kimono/Semi-Training Weight K-9 Bite Suit and a K-9 Behavior Shaping Device, valued at a total amount of $2,025, from the W.F. and Marie A. Batton Foundation and authorization to transmit a letter of appreciation.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Chief of Police

3.

Adoption of an Emergency Ordinance extending a Moratorium on the establishment of smoking lounges within the City by one (1) year.

 

• ACTION:

Adopted Emergency Ordinance No. 1921.

 

• ASSIGNMENT:

City Attorney

4.

Set March 18, 2014 for a Public Hearing to consider the 2121 Laurelwood Road U-Haul Center Project.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

5.

Approval for the use of City Electric forces for the installation of facilities at 1065 Memorex Drive.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

 

6.

Acceptance of the Monthly Financial Status Reports for December 2013.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

7.

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

 

• ACTION:                Approved 

 

• ASSIGNMENT:     Dir. Finance

8.

Approval of the Project Manual for Lump Sum Bidding and Construction of the Fairview Substation; direct the solicitation of bids for the Project; and delegate authority to award the contract and execute change orders up to a total aggregate amount of 10% of the original contract price (Public Works Contract 2403A).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

9.

Pass to print an Ordinance amending Section 13.10.020 (Definitions) and Section 13.10.040 (Maintenance and Inspection of Sewer Connections) of Chapter 13 (Sewers) of Title 13 (Public Services) of the City Code which establishes a program for the inspection, repair, and/or replacement of the private sewer laterals as part of a Private Lateral Program.

 

• ACTION:

Not Approved

 

• ASSIGNMENT:

Dir. Water

10.

Adoption of Ordinance No. 1920, amending Chapter 13.10 (Sewers) of Title 13 (Public Services) by amending Section 13.10.020, 13.10.450, 13.10.500, 13.10.580 and adding Section 13.10.670 to the City Code to comply with the US Environmental Protection Agency (US EPA) and the State Water Resources Control Board (SWRCB).

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Attorney

 

B.

Agreements

 

1.

Approval of an Agreement for Design Professional Services with Kimley-Horn and Associates, Inc., in an amount not to exceed $114,950, for the Mission College Boulevard Traffic Signal Interconnect and Coordination Project and authorization to make minor, non-substantive modifications, if needed (CE 13-14-05).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

 

 

 

 

2.

Approval of Call No. 14-1 for Professional Services with Paragon Partners Ltd., in an amount not to exceed $120,000, to provide pole attachment inspection services for the Electric Department.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

3.

Approval of Call No. 14-2 for Professional Services with Paragon Partners Ltd., in an amount not to exceed $75,000, for Electric Department field administration maintenance services.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

4.

Approval of Call No. 14-1 for Professional Services with E Source Companies, LLC, in an amount not to exceed $125,140, for 2014 membership and ongoing industry research and information services for the Electric Department.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

5.

Approval of Call No. 14-1 for Professional Services with Energy Experts International, in an amount not to exceed $50,000, for gas engineering support; Call No. 14-2 for Professional Services, in an amount not to exceed $100,000, for electrical estimating support; and Call No. 14-3 for Professional Services, in an amount not to exceed $50,000, for electrical engineering support.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

6.

Approval of an Agreement for the Performance of Services with Mike Davis Landscape Services, in an amount not to exceed $114,975, to perform site sweeping services at the Santa Clara Convention Center Complex (Maintenance Assessment District #183).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

 

C.

Reports for Information and Possible Action

 

D.

Minutes to Note and File

 

1.

Youth Commission - October 15, 2013.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

2.

Youth Commission - November 12, 2013.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

3.

Historical and Landmarks Commission - December 5, 2013.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

4.

Senior Advisory Commission - November 25, 2013.

 

• 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.

865 Pomeroy Avenue
Adoption of a Resolution rezoning the property from R3-25D (Moderate-Density Multi-Family Residential) to PD (Planned Development) and making the determination that the project is categorically exempt from formal environmental review under the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15332 (Class 32 - Infill Development) (PLN2013-09864).

 

• ACTION:

Adopted Resolution No. 14-8114.

 

• ASSIGNMENT:

Dir. Public Works

 

B.

1277 Lafayette Street
Adoption of a Resolution rezoning the property from R1-6L Single Family to PD-Planned Development to allow the expansion of an existing single-family residence and construction of a new two-car garage and second dwelling unit, subject to conditions and making the determination that the project is categorically exempt from formal environmental review under California Environmental Quality Act (CEQA) pursuant to Guidelines Sections 15301 (Class 1 - Existing Facilities) and 15303 (Class 3 - New Construction or Conversion of Small Structures) (PLN2013-10117).

 

• ACTION:

Adopted Resolution No. 14-8115, as amended.

 

• ASSIGNMENT:

Dir. Public Works

 

9.

BIDS AND PROPOSALS:

 

A.

Award of contract to K.J. Woods Construction, Inc., in an amount of $258,000, for the Winchester Boulevard and Newhall Street Storm Drain Replacement Project and authorization to execute change orders up to approximately 10% of the contract price, or $25,800, for a total not to exceed amount of $283,800 (CE 13-14-06).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

 

 

 

B.

Award of contract to K.J. Woods Construction, in the amount of $988,000, for the Cabrillo Avenue/Main Street Sewer Replacement Project (Scott Boulevard to Union Pacific Railroad) and authorization to execute change orders up to approximately 10%, or $98,800, for a total not to exceed amount of $1,086,800 (CE 12-13-06).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

 

10.

BOARDS AND COMMISSIONS FOR ACTION:

 

A.

Minutes of the Parks and Recreation Commission - November 19, 2013: Request to note and file.
* Recommendation to pass to print an Ordinance to amend Section 9.35.010 (Park Use Permit Required for Large Groups) of the City Code to reduce group size required to apply for a parks facility special use permit from 50 persons to 25 or more people.

 

• ACTION:

Noted and Filed

 

• 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.

Nabi Zolyadaldavood of United Auto Group: Requested an extension to keep his business open two or three more months.

 

B.

Stephen Hazel: General comments of concern.

 

C.

Scott Overton: Comments of concern about the development plans of the Santa Clara Golf Course.

 

D.

Ben Cardoza: Comments of concern about the care of those who are homeless.

 

13.

REPORTS FOR COUNCIL ACTION:

 

A.

Note and file the February 2014 update of the Six-Month Strategic Objectives from September 13, 2013 through March 15, 2014.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

 

B.

Approval of Amendment No. 1 to the Agreement for the Performance of Services with Plan Review Consultants, Inc. to extend the term of the Agreement to March 30, 2016 and increase the funding by an additional $251,000 for a revised total not to exceed amount of $300,000.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

 

 

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.

Council Member Davis:  Provided an update on behalf of the Marketing Committee.

 

16.

CITY MANAGER REPORTS:

 

A.

Assistant City Manager Kurotori:  Provided a report that Santa Clara was chosen by Google as one of six California cities to explore the possibility of bringing expanded Ultra High Speed Google fibre access to the City.

 

17.

CLOSED SESSION MATTERS:

 

A.

City Attorney Reports:

 

B.

Set March 18, 2014 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; Unit #2 - Santa Clara Police Officer's Association; Unit #3 - IBEW Local 1245 (International Brotherhood of Electrical Workers); Unit #4 - City of Santa Clara Professional Engineers; Units # 5,7 & 8 - City of Santa Clara Employees Association; Unit # 6 - AFSCME Local 101 (American Federation of State, County and Municipal Employees); Unit # 9 - Miscellaneous Unclassified Management Employees; Unit #9A - Unclassified Police Management Employees; Unit #9B - Unclassified Fire Management Employees; and Unit #10 - PSNSEA (Public Safety Non-Sworn Employees Association); 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 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.

To Tuesday evening, March 18, 2014 at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.