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.

 

January 24, 2012

 

5:30 PM
Closed Session
Council Conference Room
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
(Potential Exposure to Litigation)
Pursuant to Government Code Section 54956.9(b)(2)(A)
1  (number of distinct cases or potential cases to be discussed)
and
Conference with Legal Counsel
(Potential Initiation of Litigation)
Pursuant to Government Code Section 54956.9(a)
1 (number of distinct cases or potential cases to be discussed)
and
6:00 PM
Reception Lobby Area
adjacent to the City Clerk's Office
Cultural Advisory Commission Interviews
to fill one full term ending June 30, 2015
and
Senior Advisory Commission Interviews
to fill one full term ending June 30, 2015 and one partial term ending June 30, 2013


 

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:

 

3.

APPROVAL OF MINUTES:

 

A.

December 20, 2011 - Special Meeting.

 

B.

December 27, 2011 - Special Meeting.

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Appointment to fill one vacancy for the full term ending June 30, 2015 on the Cultural Advisory Commission.

 

B.

Appointment to fill two vacancies, one full term ending June 30, 2015 and one partial term ending June 30, 2013, on the Senior Advisory Commission.

 

C.

Presentation by the West Valley/Mission Community College District on the 2012 Bond.

 

D.

10th Anniversary of the Santa Clara City Library Foundation and Friends.

 

E.

Presentation of the 2010-2011 Award for Excellence in the Information Technology practices to the City from the Municipal Information Systems Association of California (MISAC).

 

F.

Presentation on Silicon Valley Reads 2012 - "Muslim and American".

 

G.

Acceptance of the second Quarter Status Report for the 2011-2013 Council Principles and Priorities and set April 24, 2012 for the next Quarter Status Report.

 

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.

Review of the Charter Review Committee recommendations as follows and direct the City Manager to prepare an implementation plan for Council approval:  
1) Revise the Charter to allow At Large Elections; 
2) Consider the Proportional Representation voting system by the end of the 2012 calendar year and possible implementation by 2014; 
3) Revise Charter Section 701 related to term limits for the City Council and Mayor; 
4) For the 2014 election, create a program to encourage voter registration among minorities and allocate funds to monitor the system by January 1, 2013; and,
5) Address the "Barriers to the City Council Service" list (attached to the November 17, 2011 Minutes) with extreme regard to candidate recruitment;
and/or,
Review the alternate options provided by the City Manager as follows: 
1) Approve some of the recommendations above and direct the City Manager to prepare an implementation plan for Council approval;
2) Direct to the City Manager to schedule a Council Study Session for in-depth discussion of the Charter Review Committee recommendations;
3) Refer the recommendations back to the Charter Review Committee for additional review and discussion; and,
4) Transmit a thank you letter to the Charter Review Committee members for serving on the Committee.

 

C.

Adoption of a Resolution electing to retain the housing assets and functions of the Redevelopment Agency under Part 1.85 of Division 24 of the Health and Safety Code, subject to reservations, which elects the City of Santa Clara as the Successor Housing Agency for the Redevelopment Agency.

 

D.

Informational Memo:  Update regarding efforts to postpone the implementation of AB 1X 26, the Redevelopment Agency Dissolution Act and related activities.

 

E.

Approval to authorize the City Manager to enter into contracts and agreements to construct the Northside Branch Library.

 

F.

Proposed San Francisco 49ers stadium

 

1.

January 18, 2012 Referendum Petitions received pertaining to actions of the Stadium Authority on December 13, 2011 for Resolution Nos. 11-16 (Disposition and Development Agreement) and 11-17 (Joinder Agreement):  Recommendation that if the Registrar of Voters completes its signature verification and budget estimate prior to the January 24, 2012 meeting, staff will present the appropriate options and recommendations for consideration.

 

 

2.

Set February 14, 2012 for a Public Hearing to consider vacation of a portion of Centennial Boulevard south of Tasman Drive with reservation of a public utility easement and ingress/egress easement [Vicinity of APN 104-43-030, 047 and 049 (2011-12); SC 18,535].

 

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 and authorization to publish the March 2012 Mission City SCENES.

2.

Approval to delegate authority to the City Manager to approve the Plans and Specifications and Bid Documents for Public Works Contract 2134A - Photovoltaic Solar at Henry Schmidt Park; authorization to make minor modifications, if necessary; authorization to advertise for bids and authorization to award the contract.

3.

Approval of the use of City Electric forces for the installation of facilities at 2210, 2215 and 2225 Lawson Lane; 870 Comstock Street; 3450 Garrett Drive; 1860 De La Cruz Boulevard and 800 Central Expressway.

4.

Adoption of a Resolution establishing a No Stopping or Parking Zone at any time, on the south side of Benton Street from a point 8 feet east of the east curb of Alviso Street to a point 33 feet east of the east curb of Alviso Street.

5.

Approval of the Annual Investment Policy Statement for the City of Santa Clara, its Agencies and Corporations.

6.

Set the following 2012 dates during the regular scheduled Council/Agency/Authority/Housing Authority/Stadium Authority meetings for the proposed 2012-13 Annual Budgets and Municipal Fee Schedule:
May 8   -  Joint Study Session to review significant capital improvement projects
May 15 -  Joint Study Session to review the proposed Five Year Financial Plan and Capital Improvement Project Budget
May 22 -  Joint Study Session to review the proposed 2012-13 Operating Budget
June 12 -  Public Hearing to consider the approval of the Fiscal Year 2012-13 Annual Budgets, including the Redevelopment Agency, Sports and Open Space Authority, Housing Authority, Stadium Authority, Community Development Block Grant (CDBG), Federal Home Program and Municipal Fee Schedule.

 

 

 

7.

Acceptance of the Outstanding Debt Schedule as of December 31, 2011 for the City of Santa Clara, its Agencies and Corporations including the City's share of various Joint Power Agency debt.

8.

Pass to print an Ordinance repealing and amending Section 8.25.010 (Definitions), repealing Section 8.25.285(a) (Definitions) and adding Section 8.25.275 (Mandatory Recycling) to Chapter 8.25 (Accumulation, Transportation and Disposal of Waste Matter) of the City Code to comply with the requirements of AB 341 regulating commercial business and multi-family recycling.

9.

Note and file the Departmental Activity Report for the month of November 2011.

10.

Approval to support Senate Bill 184 (Leno) for local authority to adopt an inclusionary housing ordinance and authorization to transmit a letter of support to Senator Mark Leno.

 

B.

Agreements

 

1.

Approval of Amendment No. 3 to the Electric Service Agreement with Owens Corning Sales, LLC to retain sales of electricity to Owens Corning at a discounted rate.

2.

Approval of Call No. 12-1 for Professional Services with Milton Security Group, LLC, in an amount not to exceed $44,680, for Remote Intelligent Gateway (RIG) replacement at the Donald Von Raesfeld (DVR) Power Plant.

3.

Approval of an Agreement and Covenant Running with the Land with Marwan N. Awad to defer the installation of City standard sidewalk along the frontage of 460 Nelo Street and approval to record the Agreement with the County Recorder (APN 101-15-038; SC 18,534).

4.

Approval of a Call Agreement with Energy Experts International for Consulting Services; Call No. 12-1 for Professional Services, in an amount not to exceed $50,000, for electrical estimating support; Call No. 12-2 for Professional Services, in an amount not to exceed $50,000, for electrical engineering support; and Call No. 12-3 for Professional Services, in an amount not to exceed $50,000, for gas engineering support.

 

C.

Reports for Information and Possible Action

 

1.

Give A Little... Help A Lot Campaign Progress Report.

2.

Baseline Trash Load and Short-Term Trash Load Reduction Plan to attain a 40 percent trash load reduction from the Municipal Separate Storm Sewer System (MS4) by July 1, 2014.

 

D.

Minutes to Note and File

 

1.

Historical and Landmarks Commission - November 3, 2011.

2.

Ethics Committee - December 14, 2011.

 

E.

Routine Written Petitions for Approval

 

1.

Scott Dunbar, SummerWinds - 2931 El Camino Real:  Request for a Special Permit to allow a seasonal Christmas tree sales event.  Staff recommendation:  Approval (retroactive), subject to conditions (PLN2011-08962).

2.

Santa Clara Lions Football Club, Inc.:  Request for matching Championship Team Funding, in the amount of $2,851, for travel to Orlando, Florida to compete in the National Pop Warner Super Bowl Cheerleading Championship.  Staff recommendation:  Approval, subject to execution of a Contribution Agreement.

 

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.

Joint City Council and Housing Authority Public Hearing
Adoption of a Council Resolution making certain findings under California Redevelopment Law Section 33433, approving the Ground Lease of certain property to 2525 El Camino Senior Apartments, LP and making certain findings with respect to an Affordable Housing Agreement and Agreement to Lease Real Property; adoption of a Housing Authority Resolution approving an Affordable Housing Agreement and Agreement to Lease Real Property with 2525 El Camino Senior Apartments, LP for the development of affordable housing and approval to allow the Executive Director to execute the Agreement and related documents (2525-2527 El Camino Real).

 

B.

Acceptance and appropriation of Citizens Option for Public Safety (COPS) grant funding, in the amount of $224,246, to purchase equipment for the Field Operations Division and authorization to execute the request to the Santa Clara County Supplemental Law Enforcement Oversight Committee (SLEOC) for distribution in COPS funding.

 

C.

Rescind Resolution No. 12-7901 and adopt a Resolution ordering the abatement of a nuisance consisting of growing weeds in the City of Santa Clara in association with the County Weed Abatement Program for 2011-2012.

 

9.

BOARDS AND COMMISSIONS FOR ACTION:

 

A.

Civil Service Commission - Minutes of January 9, 2012:  Request to note and file.
* Recommendation to approve the modified job specification for Mechanical Maintenance Worker.

 

10.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

11.

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.

 

12.

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.

 

13.

REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

 

A.

Reports regarding conference attendance, if any.

 

14.

CITY MANAGER REPORTS:

 

15.

CLOSED SESSION MATTERS:

 

A.

City Attorney Reports:

 

B.

Set February 14, 2012 at 5:30 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 104-43-030; 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).  

 

16.

ADJOURNMENT:

 

A.

To Tuesday evening, February 14, 2012 at 6:00 pm for interviews to fill a vacancy on the Housing Rehabilitation Loan Committee in the lobby area adjacent to the City Clerk's Office and 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.