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 04, 2012

 

5:30 pm
Closed Session
Council Conference Room
Public Employee Appointment
Pursuant to Government Code Section 54957
Title: City Manager
and
Conference with Labor Negotiators
Pursuant to Government Code Section 54957.6
City designated representative: Ronald E. Garratt, Interim 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
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 Legal Counsel - Anticipated Litigation
Pursuant to Government Code Section 54956.9(b)
Potential exposure to litigation: 1 potential case
and
Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Section 54956.9(a)
Name of case: Navarro v. Bryan Sterkel, et al.
United States District Court, San Jose Division Case No. 11-CV-01700-LHK

 

 

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.

CONTINUANCE/EXCEPTIONS:

 

4.

SPECIAL ORDER OF BUSINESS:

 

A.

Approval to support the Rotary Club of Santa Clara in pursuing an agreement with the West Valley-Mission Community College District to hold the June 2013 Annual Silicon Valley Barbeque Championship on the Mission College campus and authorization to pursue a partnership agreement with the Rotary Club of Santa Clara to be considered as part of the Fiscal Year 2013-14 budget process to hold the BBQ event at Central Park in 2014 and to fully recover City related expenses with the preferred option of incorporating the July 4th All-City Picnic into the BBQ event.

 

5.

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.

Authorization to appropriate funds from the City General Contingency Reserve, in the amount of $62,625, to Housing Administration for purposes of funding six months of housing services in Fiscal Year 2012-13 by Catholic Charities, Housing Search Services; Silicon Valley Independent Living Center, Support Living Concepts; Council on Aging, Senior Case Management; Next Door, HomeSafe Case Management; EHC LifeBuilders, Transitional Housing Support Services; and Project Sentinel, HUD Mortgage Default Counseling.

 

C.

Approval of an Employee Agreement with Julio Fuentes, with his effective employment date of February 4, 2013, which agreement sets the salary and conditions of employment pursuant to the recommendation of the Council Officers and the Elected Full-time Employees Performance/Salary Review Committee.

 


 

6.

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 September 2012.

2.

Acceptance of the Monthly Financial Status Reports for October 2012.

3.

Approval to set the salary for Shaun Lacey in the position of Assistant Planner II at Schedule A-31, Step 4.

4.

Acceptance of the public improvements performed by Core Builders for Site No. 6621, EP 13,075, APN 269-03-148 located at 1450/1490 El Camino Real and authorization to record a Notice of Completion with the County Recorder.

5.

Approval for the use of City Electric forces for the installation of facilities at 250 Howard Drive, 530 Robert Avenue and four substation feeders at 2929 Mission College Boulevard.

6.

Approval to set the salary for Anita Pennington in the position of Senior Accounting Technician at Schedule A-26, Step 4.

7.

Approval to allow Assistant Chief of Police Mike Sellers to exceed the maximum vacation accrual into 2013.

8.

Approval to allow Operations Manager John Mills to exceed the maximum vacation accrual into 2013.

9.

Adoption of a Resolution approving a Water Supply Assessment for a proposed office building development at 4301, 4401 and 4551 Great America Parkway.

10.

Approval of the plans and specifications for the Removal of Barriers to the Physically Challenged Fiscal Year 2012-13 project; authorization to make minor modifications, if necessary; and authorization to advertise for bids (CE 12-13-04).

11.

Adoption of a Resolution for the 2012-2013 Weed Abatement Program declaring weeds to be a public nuisance; setting a Public Hearing for January 29, 2013 to hear public input regarding the proposed destruction or removal of weeds and authorization to publish the Notice of Public Hearing.

 

B.

Agreements

 

1.

Approval of an Agreement for the Performance of Services with Daleo, Inc., in an amount not to exceed $400,000, to provide maintenance and repair to underground substructures.


 

2.

Approval of an Agreement for Services with GE Packaged Power, Inc., in an amount not to exceed $1,400,000 for the current fiscal year and a total amount not to exceed $7,000,000, for inspection, maintenance, repair and parts for the Combustion Turbines at the Donald Von Raesfeld (DVR) Power Plant.

3.

Approval of Call No. 12-1 for Professional Services with Soudi Consultants, in an amount not to exceed $84,000, to provide Protection, Control and Automation (PCA) documentation at various substation projects.

4.

Approval of Call No. 12-2 for Professional Services with Soudi Consultants, Inc., in an amount not to exceed $128,500, to provide protection services related to Serra and Juliette Substations.

5.

Approval to add the property at 710 Madison Street to the City's List of Architecturally or Historically Significant Properties; approval of an historic oval plaque for the property; and approval of an Historic Property Preservation Agreement (Mills Act Contract) with Timothy Konkol (PLN2012-09069).

6.

Approval of a Lease Agreement with Saint Claire Hook and Ladder Society for the development and management of the Santa Clara Fire Museum located at 1900 Walsh Avenue.

 

C.

Reports for Information and Possible Action

 

1.

Settlement of Prudential Insurance Company of America v. City of Santa Clara, et al., Santa Clara Superior Court Case No. 112CV226740.

2.

Silicon Valley Power (SVP) MeterConnect Wi-Fi System will launch on December 10, 2012.

 

D.

Minutes to Note and File

 

1.

Cultural Advisory Commission - August 6, 2012.

2.

Youth Commission - October 9, 2012.

3.

Senior Advisory Commission - September 24, 2012.

 

E.

Routine Written Petitions for Approval

 


 

7.

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.

2121 Laurelwood Road Office Project:
Adoption of a Resolution adopting the Mitigated Negative Declaration (MND), making findings with respect thereto, and adopting a Mitigation Monitoring or Reporting Program (MMRP) and adoption of a Resolution rezoning the property from Light Industrial (ML) to Planned Development (PD), subject to conditions [CEQ2012-01122, PLN2012-09096].

 

B.

Adoption of a Resolution approving, confirming and adopting the Traffic Mitigation Program Report and Traffic Impact Fee for Fiscal Year 2012-13.

 

8.

WRITTEN PETITION:

 

A.

James Rowen - Request to amend the Campaign Finance Ordinance to require all General Purpose Committees located within Santa Clara to file a copy of the Fair Political Practices Commission (FPPC) Form 450, Recipient Committee Campaign Statement - Short Form, with the City Clerk if they are sending out a mass mailing to 100 or more persons and that the Council write to the FPPC to support such a regulation.

 

9.

BOARDS AND COMMISSIONS FOR ACTION:

 

A.

Civil Service Commission - Minutes of November 19, 2012: Request to note and file.
* Recommendation to approve the modified job specification for Financial Analyst; Park Foreperson; and Staff Aide II - Environmental Programs.

 

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.

Approval of an additional appropriation, in the amount of $8,000,000, to the Mission Substation Capital Improvement Project 2114; authorization to execute Change Orders with Underground Construction Company, which will not exceed an additional $2,900,000; and authorization to execute an Agreement for the Performance of Services with Prysmian Construction Services, Inc., which will not exceed $1,500,000, including Change Orders, to perform cable splicing.

 

B.

Appointment of one Council Member as a representative and one Council Member as an alternate on the Caltrain Modernization Local Policymaker Group.

 

C.

Acceptance of the Comprehensive Annual Financial Report (CAFR) for fiscal year ended June 30, 2012, as recommended by the City Council Audit Committee and acceptance of the audited Electric Utility Enterprise Fund [Silicon Valley Power (SVP)] Financial Statements.

 

D.

Acceptance and appropriation of a donation from Stephanie Larkin, in the amount of $800, to be used to purchase and install a tree and memorial plaque to be placed at Bracher Park in memory of Horace and Emmi Larkin; authorization to transmit a letter of appreciation and condolence; and authorization to develop guidelines to define criteria for placement of recognition plaques.

 

E.

Acceptance and appropriation of grant funds from the California State Library, California Library Literacy Services (CLLS), in the amount of $33,006, for the Santa Clara City Library's Adult Literacy and Families for Literacy Programs for Fiscal Year 2012-13 and approval of unexpended appropriations to be re-appropriated each fiscal year over the life of the grant.

 

F.

Authorization to appropriate funds to the Sewer Utility Department, in the amount of $360,000, from the Reserve for Equipment Replacement for the purchase of a Combination Truck for the Sewer Utility's fleet.

 

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.

City Attorney Reports:

 

B.

Set December 18, 2012 at 5:30 pm for a Closed Session in the Council Conference Room for Public Employee Appointment pursuant to Government Code Section 54957; Title: City Manager; Conference with Labor Negotiators pursuant to Government Code Section 54957.6; City designated representative: Ronald E. Garratt, Interim City Manager (or designee); Employee Organizations: 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 for 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, December 18, 2012 at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.