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.

 

February 26, 2013

 

5:30 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 - 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
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
City Council/Governing Board of the Successor Agency to the City of Santa Clara Redevelopment Agency
Conference with Legal Counsel-Anticipated Litigation
Pursuant to Government Code Section 54956.9(a)
Potential initiation of litigation:  1 potential case
and
Conference with Real Property Negotiator
Pursuant to Government Code Section 54956.8
Property:  APN 104-03-36; APN 097-01-039; APN 097-01-073
Negotiating Party(ies):  William Witte, President, Related California
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
City Council/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(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

 

 

 

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:

 

3.

APPROVAL OF MINUTES:

 

A.

January 29, 2013.

 

4.

CONTINUANCE/EXCEPTIONS:

 

A.

Request to continue to March 12, 2013 consideration of the adoption of a Resolution approving the rezone of the property located at 930 Bellomy Street from Single-Family Residential (R1-6L) to Planned Development (PD), subject to conditions (PLN2012-09472).  [See Agenda Item 8.C below]

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Update regarding the Friendly NFC Championship Wager with Flowery Branch, Georgia:  Acceptance of the gift and authorization to donate the winnings.

 

B.

Presentation by The Wutzit Club Alumni Committee of a donation raised from the Alumni 2012 Fundraiser Event for use at the Walter E. Schmidt Youth Activity Center.

 

C.

Council Goal Setting Program scheduled for Friday, March 1, 2013 from 8:00 am to 5:00 pm at the Santa Clara Convention Center, 5001 Great America Parkway, Santa Clara and review of the outline of the agenda for the Program and to invite community input.

 

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.

Note and file the Departmental Activity Report for the month of December 2012.

2.

Acceptance of the Santa Clara Convention Center and Convention-Visitor's Bureau Activity Report for Fiscal Year 2012-13 Second Quarter as submitted by the Santa Clara Chamber of Commerce and Convention-Visitor's Bureau.

3.

Acceptance of the Monthly Financial Status Reports for December 2012.

4.

Acceptance of the resignation submitted by Eugene Mirabella from the International Exchange Commission and to refer the opening to the Council Goal Setting process.

5.

Approval of the use of City Electric forces for the installation of facilities at 2929 Mission College Boulevard.

6.

Approval and authorization to publish the April 2013 Mission City SCENES.

7.

Set March 12, 2013 for a Public Hearing to obtain citizens' views on the City's FY 2013-14 Annual Plan for use of federal Community Development Block Grant (CDBG) and Home Investment Partnerships Act Entitlement (HOME) funds.

8.

Approve the request to allow Officer Charles Collins to accrue over the maximum vacation hours without penalty.

9.

Authorization to delegate the City Manager to complete negotiations and execute a fiber lease agreement with Microsoft, Inc., subject to final review by the City Attorney's Office, for long term use of dark fiber routes.

10.

Acceptance of a donation in the amount of $430 from the Historic Preservation Society of Santa Clara to help support the Senior Center Case Management Program and authorization to transmit a letter of appreciation.

11.

Acceptance of a donation in the amount of $1,000 from the Santa Clara Sporting Club to help support the Wade Brummal Foundation and authorization to transmit a letter of appreciation.

12.

Request to refer the International Swim Center Renovation Proposal conceptual designs and donor development model to the Council Goal Setting process, including key next steps to conduct an independent aquatic facility program analysis in an amount not to exceed $88,000 and a donor financial feasibility study funded by the International Swim Center Renovation Team to be completed by June 30, 2013.

 

B.

Agreements

 

1.

Approval of a Real Estate Lease Agreement with the Santa Clara Swim Club for use of Mary Gomez Pool.

2.

Approval of a Joint Use Agreement with West Valley-Mission Community College District for use of the Mission College Softball Fields.

3.

Approval of Amendment No. 1 to the Agreement for the Performance of Services with Mark Crissman, dba Pipe Rite Systems in an amount of $150,000, for a total amount not to exceed $650,000, to provide millwright and welding services for the Generation Facilities.

4.

Approve 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 2475 Augustine Drive and authorization to record the Agreement (APN 216-45-006; SC 18,589).

5.

Approval of an Electric Service Agreement with Applied Materials, Inc. for the sale of electricity at a discounted rate in exchange for a long-term commitment to purchase electrical energy from Silicon Valley Power beyond the year 2013.

6.

Approval of Call No. 13-7 for Professional Services with Harris & Associates in an amount not to exceed $65,100 for Electric Department Geographical Information Systems (GIS) Support Services.

7.

Approval of Call No. 13-8 for Professional Services with Harris & Associates in an amount not to exceed $50,875 for onsite representative and project management for the Raymond Storage Project.

8.

Approval of Call No. 13-9 for Professional Services with Harris & Associates in an amount not to exceed $172,075 for onsite representative, project management and Geographical Information Systems (GIS) services for the Fairview Substation Project.

9.

Approval of Call No. 13-10 for Professional Services with Harris & Associates in an amount not to exceed $151,425 for onsite representative, project management and Geographical Information Systems (GIS) services for the Serra-Brokaw Reconductoring Project.

10.

Approval of Call No. 13-11 for Professional Services with Harris & Associates in an amount not to exceed $260,700 for onsite representative, project management and Geographical Information Systems (GIS) services for the Serra Substation Project.

11.

Approval of Call No. 13-12 for Professional Services with Harris & Associates in an amount not to exceed $17,236.58 for civil design services for the De La Cruz Junction Railroad Crossing and Kenneth Force Main Project.

12.

Approval of a Fiber Lease Agreement with Arista Networks, Inc. for long term use of dark fiber routes.

13.

Approval of an Agreement for the Performance of Services with Tree-Tech to perform tree trimming, removal and planting of miscellaneous trees on an ongoing basis at various locations through the City for an amount not to exceed $100,000 for the current fiscal year 2012-13 and $175,000 over the two year term of the agreement.

 

C.

Reports for Information and Possible Action

 

1.

Acceptance of the Stadium Site Preparation Project (Make Ready Work) - Ghilotti Construction Company, Inc. (CE 11-12-11).

 

D.

Minutes to Note and File

 

1.

Youth Commission - November 13, 2012.

2.

Youth Commission - December 11, 2012.

3.

Parks and Recreation Commission - January 15, 2013.

4.

Planning Commission - January 9, 2013.

5.

Historical and Landmarks Commission - January 3, 2013.

 

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.

Consideration of the appeal filed by Deborah Costa for the 6 single family unit development project located at 3499 The Alameda.
*Staff recommendation:  Adoption of a Resolution affirming the decision of the Planning Commission, subject to conditions [PLN2012-09176].

 

B.

Fiscal Year 2013-14 Annual Plan for the Use of Federal Community Development Block Grant (CDBG) and Home Investment Partnerships Act Entitlement (HOME) Funds.  Staff recommendation:  Refer public testimony received for consideration at the second public hearing scheduled for March 12, 2013.

C.

Property located at 930 Bellomy Street:  Adoption of a Resolution approving the rezoning from Single-Family Residential (R1-6L) to Planned Development (PD), subject to conditions (PLN2012-09472).    [See request to continue to March 12, 2013, Agenda Item 4.A above]

 

9.

BOARDS AND COMMISSIONS FOR ACTION:

 

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.

REPORTS FOR COUNCIL ACTION:

 

A.

Adoption of a Resolution authorizing the issuance and sale of 2013 Refunding Certificates of Participation in the principal amount not to exceed $21,000,000 to refinance 2002 Certificates of Participation relating to the Central Park Library.

 

13.

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.

 

14.

REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

 

A.

Reports regarding conference attendance, if any.

 

15.

CITY MANAGER REPORTS:

 

16.

CLOSED SESSION MATTERS:

 

A.

Set March 12, 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; 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.

 

17.

ADJOURNMENT: 

 

A.

To Tuesday evening, March 12, 2013 at 6:00 pm for Interviews to fill a vacancy on the Senior Advisory Commission and to 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.