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.

 

December 13, 2011

 

5:30 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 Agency Labor Negotiator
Pursuant to Government Code Section 54957.6
City Negotiator:  Jennifer Sparacino, City Manager (or her 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
Units #5, 7 & 8 - City of Santa Clara Employees Association
Unit #6 - American Federation of State, County and Municipal Employees (AFSCME) Local 101
Unit #9 - Miscellaneous Unclassified Management Employees
Unit #9A - Unclassified Police Management Employees
Unit #9B - Unclassified Fire Management Employees
Unit #10 - Public Safety Non-Sworn Employees Association (PSNSEA)

 

 

 

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.

November 15, 2011.

 

B.

November 29, 2011 - Special Meeting.

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

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.

Proposed San Francisco 49ers Stadium

 

1.

Joint City Council and Santa Clara Stadium Authority Public Hearing
Adoption of a Stadium Authority Resolution approving the Disposition and Development Agreement (DDA) with the 49ers Stadium, LLC.

2.

Joint City Council and Santa Clara Stadium Authority Public Hearing
Adoption of a Stadium Authority Resolution approving a Joinder Agreement in that certain Commitment Letter dated November 4, 2011 and that certain Engagement Letter dated November 4, 2011, an Indemnification Contribution Agreement and the Summary of StadCo Obligations as part of the Preliminary Financing Plan for Construction of the Proposed 49ers Stadium.

3.

Informational Memo: Withdrawal of request for the consideration to approve or disapprove the proposed transfer of ownership of the Great America Theme Park Lease from the current lessee, Cedar Fair, LP., to the proposed lessee, JMA Ventures, LLC, or an affiliate of JMA Ventures.

 

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 allow Captain Michael Sellers to exceed the maximum vacation accrual into 2012.

2.

Approval and authorization to publish the February 2012 Mission City SCENES.

3.

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

4.

Approval for the use of City Electric forces for the installation of facilities at 1745 Walsh Avenue and for one feeder at Walsh Substation.

5.

Acceptance of the Monthly Financial Status Reports for July 2011 as presented.

6.

Acceptance of the Monthly Financial Status Reports for August 2011 as presented.

7.

Acceptance of the work performed by Granite Rock Company dba Pavex Construction Division on South of Forest Neighborhood Street Improvements - Phases II and III and authorization to record the Notice of Completion with the County Recorder.

8.

Acceptance of the public improvements performed by Redwood City Electric for Site 7053, EP 12,823, APN 216-29-109 & 092 located at 2972 Stender Way and authorization to record the Notice of Completion with the County Recorder.  

9.

Approval to delegate authority to the City Manager to approve project related actions for the property located at 2500 De La Cruz Boulevard from December 14, 2011 to January 10, 2012.

 

B.

Agreements

 

1.

Approval of an Agreement and Covenant Running with the Land [Deferment of Public Improvements (Public Sidewalk)] (Along Frontage of Property) with Coresite Coronado Stender, LLC to defer the installation of City standard sidewalk along a portion of 2972 Stender Way and authorization to record the Agreement with the County Recorder (APN 216-26-109; SC 18,508).

2.

Approval of an Agreement for the Performance of Services with Brenntag Pacific, Inc., in an amount not to exceed $250,000, for bulk chemicals for the Donald Von Raesfeld (DVR) Power Plant.


 

3.

Approval of Amendment No. 3 to Call No. 10-1 for Professional Services with Willdan Energy Solutions dba Intergy Corporation, at no additional cost to the City, to extend the term of the Call for the Retrocommissioning of City Facilities Third Party Energy Efficiency Program through June 30, 2012.

 

C.

Reports for Information and Possible Action

 

1.

Status Update on the Fiscal Year 2010-11 Audit and Comprehensive Annual Financial Report.

2.

2011 Annual Report/2012 City Calendar.

3.

Addition of City Attorney Reports as Sub-item to Closed Session Matters.

 

D.

Minutes to Note and File

 

1.

International Exchange Commission - November 1, 2011.

2.

Cultural Advisory Commission - November 7, 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.

Adoption of a Resolution approving the issuance by the California Statewide Communities Development Authority (CA Communities) of Multi-Family Housing Revenue Bonds for the 2525 El Camino Real Senior Apartment Project.

 

9.

WRITTEN PETITION:

 

A.

Lee Ganey, 4272 Davis Street: Request for a Special Permit to allow the operation of Special Food Services Sales for business clientele and to-go customers. Staff Recommendation: Deny the Special Permit request because the sale of Special food Services does not conform to the current zoning of the property (PLN2011-08923).

 

10.

BIDS AND PROPOSALS:

 

A.

Award the contract for the Removal of Barriers to the Physically Challenged Fiscal Year 2011-12 project to Weber Tractor Service, in the amount of $152,190, and authorization to execute change orders up to 45% of the contract price or an amount not to exceed $68,486.

 

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.

Approval of the reduction in furlough hours by 24 hours for the December 2011 to December 2012 Memorandum of Understanding (MOU) year for the following Bargaining Units: Unit #4 - City of Santa Clara Professional Engineers; Unit #5,7,8 - City of Santa Clara Employees Association; Unit #6 - American Federation of State, County and Municipal Employees (AFSCME) Local 101; Unit #2 - Santa Clara Police Officer's Association and Unit #9A - Unclassified Police Management Employees and 48 hours (Suppression/Sift Employees) and 24 hours (for the non-shift 40 hours per week employees) for December 2011 to December 2012 MOU year for Unit #9B - Unclassified Fire Management Employees and 48 hours for Unit #1 - Santa Clara Firefighters Association, IAFF, Local 1171. 

 

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.

 

17.

CITY MANAGER REPORTS:

 

18.

CLOSED SESSION MATTERS:

 

A.

Set January 10, 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 104-43-051; 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); 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 Agency Labor Negotiator; pursuant to Government Code Section 54957.6; City Negotiator:  Jennifer Sparacino, City Manager (or her 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; Units #5, 7 & 8 - City of Santa Clara Employees Association; Unit #6 - American Federation of State, County and Municipal Employees (AFSCME) Local 101; Unit #9 - Miscellaneous Unclassified Management Employees; Unit #9A - Unclassified Police Management Employees; Unit # 9B - Unclassified Fire Management Employees; Unit #10 - Public Safety Non-Sworn Employees Association (PSNSEA).

 

19.

ADJOURNMENT:

 

A.

To Tuesday evening, January 10, 2012 at 6:00 pm for interviews to fill vacancies on the Historical and Landmarks Commission and the International Exchange Commission in the lobby reception area adjacent to the City Clerk's Office and to 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.