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.

 

 

July 14, 2015

 

 

5:00 pm
City Hall Council Chambers
Development Study Session
Lawrence Station Area Plan Status Update
bordered by Calabazas Creek on the east, Kifer Road on the south,
Lawrence Expressway on the west and Central Expressway on the north
  1.  Letters from SummerHill Homes/McNellis Partners/Kifer Tenancy-In-Common
regarding the proposed planning process for the project


6:00 pm
City Hall Reception Lobby
Interviews to fill a vacancy on the Cultural Commission

Closed Session
Council Conference Room
Conference with Labor Negotiators
Pursuant to Government Code Section 54957.6
City designated representatives: 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 a tentative agreement with Unit #9B -
 Unclassified Fire Management Employees
retroactive to December 21, 2014]

and
Public Employee Performance Evaluation
Pursuant to Government Code section 54957
Title: City Manager
[NO REPORTABLE ACTION]
and
Public Employee Performance Evaluation
Pursuant to Government Code section 54957
Title: City Attorney
[NO REPORTABLE ACTION]
and
Conference with Real Property Negotiators
Pursuant to Government Code Section 54956.8
Property: San Juan Generating Station, 6800 N. County Rd., Waterflow, NM 87421
City Negotiator: Julio J. Fuentes, City Manager (or designee)
Negotiating Party:  Modesto Santa Clara-Redding Public Power Agency,
Southern California Public Power Association,
Tri-State Generation and Transmission Association, City of Anaheim,
Public Service Company of New Mexico,
Tucson Electric, City of Farmington, County of Los Alamos and
Utah Associated Municipal Power Systems
Under Negotiation:  Purchase/Sale/Exchange/Lease of Real Property
(provisions, price and terms of payment)
[Confirmed M-S-R's intent to terminate its ownership interest and withdraw
from the San Juan Generating Station located near Farmington, New Mexico,
effective December 31, 2017 and authorized Council Member Kolstad, who serves as the
City's M-S-R commissioner, to take all necessary actions to effectuate such withdrawal
and to make findings on the City's behalf as a member of M-S-R]

and
Conference with Legal Counsel - Anticipated Litigation
Pursuant to Government Code Section 54956.9(d)(2) - Exposure to litigation
Number of potential cases:  1
FACTS AND CIRCUMSTANCES: Pursuant to Government Code Section 54956.9(e)(2)
1. Financial support and management of Santa Clara Convention Center
[NO REPORTABLE ACTION]
and
Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Section 54956.9(d)(1)
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
[Authorized the transfer of Post Due Diligence Review (DDR) Lease Revenue
derived from the Hyatt, Hilton, Great America, Techmart and Irvine properties
in the amount of $33,866,493 to the Successor Agency and
identified the sources of the fund as the TRO Trust Account in the amount of
approximately $26,000,000 and the Land Sale Reserve for the balance]

and
Governing Board of the Successor Agency to the
City of Santa Clara Redevelopment Agency
Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Section 54956.9(d)(1)
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]

 

 

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 Caserta, Davis, Gillmor, Kolstad, Marsalli and O'Neill and Mayor Matthews.

 

3.

APPROVAL OF MINUTES:

 

A.

June 16, 2015.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

4.

CONTINUANCES/EXCEPTIONS:

 

A.

Withdrawal of the appeal of the Planning Commission's architectural approval of the development proposal for the property located at 3772 Carlysle Avenue at the request of the appellants (PLN2014-10538/PLN2015-10906).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Appointment to fill a vacancy on the Cultural Commission for the partial term ending June 30, 2017.

 

• ACTION:

Appointed Usha Srinivasan.        

 

• ASSIGNMENT:

City Manager

 

B.

Exchange Students report from visits to Sister Cities Coimbra, Portugal and Izumo, Japan and presentation of a photo album capturing new Limerick and Santa Clara Sister City relationship.

 

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.

Informational Memo:  Supplemental Fire Department Positions in Fiscal Year 2015-16.

 

• ACTION:

Referred to the City Manager to return to Council on August 18, 2015 with a report for funding for two fire line positions

 

• ASSIGNMENT:

Dir. Finance

 

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.

Acceptance of the Monthly Financial Status Reports for May 2015.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

2.

Note and file the Outstanding Debt Schedule as of June 30, 2015 for the City of Santa Clara, its Agencies and Corporations, including the City's share of various Joint Power Agency debt.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

3.

Approval of Stipulations with Request for Award for Workers' Compensation Claim to settle the claim for the injury Captain Philip Cooke sustained on April 12, 2013.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Human Resources

4.

Approval of Plans and Specifications for the Mission College Boulevard and Stevens Creek Boulevard Traffic Signal Interconnect and Coordination Project and authorization to make minor modifications, as necessary and to advertise for bids (CE 13-14-05).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

5.

Set August 18, 2015 for a Public Hearing on proposed rates for third party communications attachments to poles owned by the City, in compliance with Assembly Bill (AB) 1027 and direct the posting of appropriate notices as required.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

6.

Approval of the 2015 Santa Clara County Multi-Jurisdictional Program for Public Information (PPI) related to Floodplain Management.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

7.

Approval of the use of City Electric forces for the installation of facilities at 1715 Martin Avenue and 2200 Lawson Lane.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

8.

Approval of the use of City Water Utility forces to install public water improvements at 1840 Benton Street.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Water

9.

Approval of the renewal of the Excess Workers' Compensation Insurance Policy with California State Association of Counties Excess Insurance Authority in an amount not to exceed $649,583.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Human Resources

10.

Delegation of authority to approve project related documents, stadium related documents and infrastructure maintenance related agreements between July 15, 2015 to August 17, 2015 and direct that a report on actions taken during Council Recess be brought to the September 22, 2015 meeting.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

11.

Approval to submit an application for the 2015 Byrne Justice Assistance Grant (JAG) from the Bureau of Justice Assistance in the amount of $14,044 and approval to appropriate the estimated revenue for the purchase of police equipment.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Chief of Police

12.

Approval of plans and specifications for the El Camino Real Crosswalk Improvement Project and authorization to make minor modifications, if necessary and advertise for bids (CE 15-16-05).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

13.

Note and file the first quarterly status report for the 2015-2017 Council Strategic Objectives.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

B.

Agreements

 

1.

Approval of Call No.15-3 for Professional Services with Electrical Consultants, Inc. in an amount not to exceed $216,363 for manufacturing support of owner furnished equipment for the Phase Shifting Transformer (PST) project.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

2.

Approval of an Agreement for Professional Services with GEI Consultants, Inc., in an amount not to exceed $526,715, to provide engineering design, project and construction management support for the Black Butte Erosion Repair Project, subject to final review and approval by the City Attorney's Office.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

3.

Approval of a Consent to Assignment Agreement and Amendment No. 1 with Ricoh USA, Inc. (formerly known as Ricoh Business Solutions) in an amount not to exceed $300,000 for Citywide leases and maintenance of copier/multi-function devices.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Information Technology

4.

Approval of Call No. 15-1 for Professional Services with The Cadmus Group, Inc., in an amount not to exceed $99,968, to provide evaluation, measurement and verification services for Silicon Valley Power's (SVP) commercial third party energy efficiency programs.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

5.

Approval of an Agreement for the Performance of Services with J. Harris Industrial Water Treatment, Inc., dba Puretec Industrial Water, in an amount not to exceed $60,000 for the first year of the Agreement, for a total not to exceed $240,000, to provide demineralized water vessel services at the Donald Von Raesfeld (DVR) Power Plant.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

6.

Approval of Call No. 15-1 for Professional Services with Paragon Partners, LTD. in an amount not to exceed $153,854.40, for fiber optic engineering support and Call No.15-2 for Professional Services to provide support for SVP Fiber Optic Expansion Project for Silicon Valley Power Fiber Optic Enterprise in an amount not to exceed $206,524.80, for a total not to exceed amount of $360,379.20.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

7.

Approval of Agreement for the Performance of Services with West Coast Arborists, Inc., in an amount not to exceed $900,000 over a three year term of the agreement for tree trimming services throughout the City.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

8.

Approval of Amendment No. 1 to a Historic Property Preservation Agreement (Mills Act Contract) with applicants Brian Johns and Erin Johns for the property located at 1655 Santa Clara Street (PLN2015-11104).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

9.

Approval of Amendment No. 1 to the Professional Services Agreement with Hulberg and Associates, Inc., dba Valbridge Property Advisors, increasing the total amount not to exceed $120,000 for real estate appraisal services related to the Nantucket project.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

10.

Approval of a three fiscal year Public Service Grant Agreement with Abode Services for a not to exceed total contract amount of $1,839,660 and transfers and appropriations of funds totaling $613,220 for a Tenant-Based Rental Assistance Program and approval to make nonsubstantive changes to the Agreement.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

11.

Approval of an Agreement with Arini Geographics, LLC in an amount not to exceed $1,020,000 for Fiscal Year 2015-16, with the total not to exceed amount of $3,000,000 for Enterprise Geographic Information System (GIS) Consulting Services.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Information Technology

12.

Approval of a three-year Agreement for the Performance of Services with Got Power, Inc. dba CD & Power in an amount not to exceed $298,200 for stand-by generator inspection, maintenance, emergency repairs and load bank testing services.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

13.

Approval of a Historic Property Preservation Agreement (Mills Act Contract) with applicant Juan Moyoli to add the property located at 651 Park Court to the City's list of Architecturally or Historically Significant Properties (PLN2015-11003).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

 

C.

Reports for Information and Possible Action

 

1.

Informational update on Assembly Bill 1826 (Chesbro) for the implementation of a Commercial Organics Recycling Program.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

D.

Minutes to Note and File

 

1.

Board of Library Trustees - May 4, 2015.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

E.

Routine Written Petitions for Approval

 

1.

Santa Clara Sparks 10U Girls Softball Team: Request for Championship Team Funding, in the amount of $2,652 in matching funds, to travel to San Diego County to compete in the 2015 California State Games C-Regional Championship Softball Tournament July 17-19, 2015.  Staff Recommendation:  Approval, subject to execution of a Contribution Agreement.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

 

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.

Agilent Technologies, 5301 Stevens Creek Boulevard:
Adoption of a Resolution approving the Addendum to the Final Supplemental Environmental Impact Report for the Agilent Technologies Master Plan and Planned Development Zoning Project and pass to print an Ordinance approving the First Amendment to the Development Agreement.

 

• ACTION:

Denied.

 

• ASSIGNMENT:

Dir. Planning

 

9.

BIDS AND PROPOSALS:

 

A.

Award of Contract 2404H for Lump Sum Bidding and Construction of the Winter 2015/16 Work for the Phase Shifting Transformer Project to Newtron Inc., in an amount not to exceed $2,643,663 and authorization to execute the contract documents, issue the Notice of Award and execute change orders up to a total aggregate amount of 10% of the contract amount for a total not to exceed amount of $2,908,029.30.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

 

10.

BOARDS AND COMMISSIONS FOR ACTION:

 

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.

Kirk Vartan:  General comments regarding current events.

 

B.

Alan Bayer:  Regarding tree root removal from sewer line and, by Council consensus, referred the item to the City Manager.

 

13.

REPORTS FOR COUNCIL ACTION:

 

A.

Approval of Agreements for the Performance of Services with Caravents, Inc. in an amount not to exceed $499,832 for event management services for the Super Community Celebration; Pro Football Hall of Fame in a total not to exceed amount of $300,000 for the Gridiron Glory: The Best of the Pro Football Hall of Fame exhibit at the Triton Museum of Art; e2k Events x Entertainment in an amount not to exceed $763,565 for event management services for the Super Community Black & Gold Ball and authorization to enter into other ancillary services agreements.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

 

B.

Adoption of a City Resolution authorizing the transfer of former Redevelopment Agency properties to the Successor Agency and authorization to execute quitclaim deeds effectuating the transfers and adoption of a City acting as the Governing Board of the Successor Agency Resolution accepting the transfer of the properties and authorization to execute certificates of acceptance for the properties.

 

• ACTION:

Adopted Resolution No. 15-8253 and Resolution No. 15-8254.

 

• ASSIGNMENT:

City Manager

 

C.

Adoption of the guiding principles for legislative advocacy for the City and authorization to sign letters of support or opposition to legislation that is generally consistent with the City's overall guiding principles for legislative advocacy.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

 

D.

Approval of Amendment No. 1 to the Standard Agreement with the California Highway Patrol for Traffic Control and Support Related Services at Levi's Stadium events increasing the original contract by $1,000,000 subject to final review by the City Attorney.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Chief of Police

 

E.

Request to refer the review of the Citizens Advisory Committee (CAC) to the City Council's next Goal Setting session.

 

• ACTION:

Noted and filed the request.

 

• ASSIGNMENT:

City Manager

 

14.

BILLS AND CLAIMS/PROGRESS PAYMENTS:

 

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:  Reported on her attendance along with Council Member Kolstad at the recent League of California Cities Mayor and Council Members Executive Forum and announced the Santa Clara Sister Cities Association’s upcoming barbecue on August 16, 2015.

 

C.

Mayor Matthews:  As a member of the Santa Clara Valley Transportation Authority’s (VTA) El Camino Real Bus Rapid Transit (BRT) Policy Advisory Board, requested an official statement reflective of the current Council regarding street configuration (dedicated lanes, mixed flow or no change policy) and, by Council consensus, referred the item to the City Manager to return to Council for discussion and action.  Provided a handout on his attendance at recent community events.

 

16.

CITY MANAGER REPORTS:

 

17.

CLOSED SESSION MATTERS:

 

A.

City Attorney Reports:

 

B.

Set August 18, 2015 at 6:00 pm in the Council Conference Room for a Conference with Labor Negotiators pursuant to Government Code Section 54957.6, City designated representatives: 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) and a Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.9(d)(1), 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.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Attorney

 

18.

ADJOURNMENT:

 

A.

In Memory of Donna Ruggeri Burdick (mother of retired City employee Robin Burdick and longtime Santa Clara resident for the past 60 years, served on City committees and was dedicated to local Santa Clara organizations and their activities) to Tuesday evening, August 18, 2015, at 6:00 pm for a Closed Session in the Council Conference Room and to 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.