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.

 

June 11, 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
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)
and
Conference with Real Property Negotiator
Pursuant to Government Code Section 54956.8
Property: APN 104-03-036
Negotiating Party(ies): D.E. Restaurants, Inc. and D.E. II Restaurants, Inc.
City Negotiator: Julio J. Fuentes, City Manager (or 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 104-55-012
Negotiating Party(ies): Hyatt Equities, LLC
City Negotiator: Julio J. Fuentes, City Manager (or designee)
Under Negotiation: Purchase/Sale/Exchange/Lease of Property, Waiver of Right of First Refusal
(provisions, price and terms of payment)
and
Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Section 54956.9(a)
Dennison v. Lane, et al., U.S. District Court No. C07-0778 PJH
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 - Anticipated Litigation
Pursuant to Government Code Section 54956.9(a)
Potential exposure to litigation: 1 potential case
and
Conference with Real Property Negotiator
Pursuant to Government Code Section 54956.8
Property: APN 104-03-038 and APN 104-03-039
Negotiating Party(ies): Montana Property Group, LLC, Robert L. Mezzetti II
City Negotiator: Julio J. Fuentes, City Manager (or designee)
Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property
(provisions, price and terms of payment)
and
City Council acting as the 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
City Council acting as the Governing Board of the Successor Agency

to the City of Santa Clara Redevelopment Agency
Conference with Real Property Negotiator
Pursuant to Government Code Section 54956.8
Property: APN 104-55-012
Negotiating Party(ies): Hyatt Equities, LLC
City Negotiator: Julio J. Fuentes, Executive Director (or designee)
Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property, Waiver of Right of First Refusal
(provisions, price and terms of payment)

 

 

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.

Request to excuse Mayor Matthews.

 

3.

APPROVAL OF MINUTES:

 

A.

May 7, 2013.

 

B.

May 14, 2013.

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Presentation of a proclamation and plaque to Ray Edinger in honor of his wife and the renaming of the Cedar Community Room at the Santa Clara City Library to the "Margie Edinger Community Room".

 

B.

JOINT PUBLIC HEARING: City Council (Council), City Council acting as the Governing Board of the Successor Agency for the former Redevelopment Agency of the City of Santa Clara (Successor Agency), Santa Clara Stadium Authority (Stadium Authority), Sports and Open Space Authority (SOSA), Housing Authority Annual Budget for Fiscal Year 2013-14: 

 

 

1.

Approval of the City of Santa Clara Proposed 2013-14 total budget of $640,853,287, including the Operating Budget of $563,722,028, the General Fund Budget of $151,903,467 and Capital Improvement Project (CIP) Budget of $77,131,259 (including adjustments as noted in the 2013-14 Summary of Changes to Proposed Budget).

 

2.

Approval of the Sports and Open Space Authority Proposed 2013-14 total budget of $4,589,697, including the SOSA Proposed CIP Budget of $50,000.

 

3.

Approval of the Successor Agency to the Redevelopment Agency of the City of Santa Clara Proposed 2013-14 total budget of $23,161,919.

 

4.

Approval of the Housing Authority Proposed 2013-14 total budget of $318,114; expenditures are limited only to support administrative loan monitoring costs.

 

5.

Adoption of a Housing Authority Resolution determining that the planning and administrative expenses to be funded in Fiscal Year 2013-14 by the Low and Moderate Income Housing Fund are necessary for the production, improvement or preservation of affordable housing for low and moderate income housing.

 

6.

Approval of the 2014-15 through 2018-19 City of Santa Clara Five Year Financial Plan (the Five Year Financial Plan will be updated based on the adopted 2013-14 budgets and included as part of the adopted Operating and Capital Improvement Project budget documents).

 

7.

Approval of the disposition of $19,766.56 from the Give A Little...Help A Lot community donation campaign.

 

8.

Approval for the use of $78,800 for police activities and programs from the Asset Seizure Trust Fund as requested by the Chief of Police.

 

9.

Adoption of a Council Resolution adopting the Fiscal Year 2013-14 Municipal Fee Schedule, which imposes new fees, amends existing fees and retains unchanged fees for various City departments.

 

10.

Adoption of a Council Resolution establishing the Fiscal Year 2013-14 Appropriations Limit of $327,531,346 as computed by the Finance Department.

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.

Joint City Council/City of Santa Clara Community Facilities District (CFD) No. 2010-1/Stadium Authority Meeting:

 

1.

Adoption of a Stadium Authority  Resolution approving the Final Development Budget; approving a Credit Agreement and related documents by and among the Stadium Authority, as borrower, Stadium Funding Trust, as lender, and Goldman Sachs Bank, USA, as Administrative Agent; approving a StadCo Obligations Agreement and related documents by and among Stadium Authority, as borrower, Forty Niners SC Stadium Company, LLC (StadCo), as lender and Stadium Funding Trust; approving a Funding Agreement for Stadium Project Construction Fund Administration by and among the Stadium Authority, StadCo and a designated fund administrator; approving the Joinder to the Fee Letter (Senior Secured Facility) by and among Stadium Funding Trust, StadCo, Goldman Sachs Bank, USA (Goldman), Merrill Lynch, Pierce, Fenner & Smith, Inc. (MLPFS), Bank of America, N.A. and U.S. Bank National Association (US Bank) and making a finding that no subsequent or supplemental environmental documents are required under California Environmental Quality Act (CEQA).

2.

Adoption of a Council, acting as the legislative body of the CFD, Resolution approving and implementing the CFD Reimbursement Agreement and any documents necessary or appropriate to carry out the CFD Reimbursement Agreement and making a finding that no subsequent or supplemental environmental documents are required under the California Environmental Quality Act (CEQA) and the adoption of a Stadium Authority Resolution approving and implementing the CFD Reimbursement Agreement, the Stadium Authority Note and any documents necessary or appropriate to carry out the CFD Reimbursement Agreement and the Stadium Authority Note and making a finding that no subsequent or supplemental environmental documents are required under the California Environmental Quality Act (CEQA).

3.

Adoption of a Council Resolution approving the First Amendment to the Ground Lease and making a finding that no subsequent or supplemental environmental documents are required under the California Environmental Quality Act (CEQA) and adoption of a Stadium Authority Resolution approving the First Amendment to the Ground Lease, the Amended and Restated Stadium Lease, the Amended and Restated Non-Relocation Agreement and the Amended and Restated Intangible Property License Agreement and making a finding that no subsequent or supplemental environmental documents are required under the California Environmental Quality Act (CEQA).

 

C.

Status report and request for direction on certain issues related to the Historical and Landmarks Commission (HLC):
1) Note and file the status of 1091 Harrison Street Rehabilitation Project;
2) Direct staff to begin the preparation of a draft Ordinance clarifying HLC Roles and Responsibilities and addressing the City's Certified Local Government (CLG) Designation; and
3) Direct staff to begin the preparation of guidelines for review of projects before the HLC.

 

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 of the attestation related to the City's Power Source Disclosure Report to the California Energy Commission for 2012.

2.

Approval of the Public Benefit Programs as outlined in the Public Benefits Program Proposal for Fiscal Year 2013-2014 through 2017-2018, in an amount not to exceed $9,164,269 for Fiscal Year 2013-14 and authorization to make programmatic changes as necessary during the program period.

3.

Approval to release Casey Construction from its obligations under Contract 2114G, subject to negotiation with Casey Construction for all reasonable and documented incurred costs under the contract, and approval for the use of City Water Utility forces for the installation of new water infrastructure to serve Mission Substation.

4.

Acceptance and appropriation of a donation from the San Jose Pioneer Lions Club, in the amount of $500, to purchase supplies for the Fire Department's Public Education Program and authorization to transmit a letter of appreciation.

5.

Acceptance of the Triton Museum of Art letter dated May 31, 2013 regarding semi-annual acquisitions to the City for the reporting period January 1, 2013 through May 31, 2013.

6.

Approval for the use of City Electric forces for the installation of facilities at 2600 Great America Way and 2613 and 2919 Hayward Drive.

7.

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

8.

Approval to set the salary at Step 4 (schedule D1-37) for Kurt Tomaro for one of the Electric & Water System Operator positions.

9.

Approval to set the salary at Step 4 (Schedule D1-37) for Lori Melesurgo for one of the Electric & Water System Operator positions.

 

 

10.

Adoption of Ordinance No. 1907 which approves Amendment No. 1 to the Development Agreement with SI 55, LLC for the Lawson Lane West Campus Extension Project located at 2200 Lawson Lane (PLN2008-06880/CEQ2012-01146/PLN2008-06880).

 

B.

Agreements

 

1.

Approval of a Professional Services Agreement between the Northern California Power Agency (NCPA) and the Cities of Alameda, Palo Alto and Santa Clara [the Bay Area Municipal Transmission (BAMx) Services Agreement], in an amount not to exceed $525,000, for transmission services.

2.

Approval of the Agreement for the Performance of Services with American Efficient, Inc., in an amount not to exceed $65,000, for online residential rebate processing services.

3.

Approval of Call No. 13-1 for Professional Services with NexLevel Information Technology, Inc., in an amount not to exceed $34,937.30, to provide utility management consulting services.

4.

Approval of Change Order No. 2 with Insituform Technologies, Inc., in the amount of $9,939, for the Guadalupe River Sanitary Sewer Siphon Rehabilitation Project (CE12-13-03).

5.

Approval of a Legal Services Agreement with Kennedy, Archer & Giffen, in an amount not to exceed $100,000, for legal services.

 

C.

Reports for Information and Possible Action

 

D.

Minutes to Note and File

 

1.

Parks and Recreation Commission - April 16, 2013.

2.

Senior Advisory Commission - April 22, 2013.

3.

Youth Commission - March 12, 2013.

4.

Youth Commission - April 16, 2013.

 

E.

Routine Written Petitions for Approval

 

1.

Sargiz Isaac - Stevens Creek Hyundai, 2330 Monroe Street: Approval of a License Agreement and Special Permit with conditions of approval to allow use of a vacant parcel for temporary storage of new Hyundai vehicles for a two year period (PLN2013-09683).

 

 

 

 

 

 

 

 

 

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.

Approval of a Non-Exclusive Franchise Agreement for Non-Exclusive Hauling of Industrial Refuse and Recyclables with Environmental Resource Recovery, Inc. dba Valley Recycling; Ferma Corporation; GreenWaste Recovery, Inc.; Jonna Corporation dba Premier Recycle Company; Mission Trail Waste Systems; Pacific Coast Recycling, Inc.; Recology South Bay dba Recology Silicon Valley; and Republic Services, Inc. dba Republic Services of Santa Clara County for the period beginning July 1, 2013 and ending June 30, 2016.

 

B.

Adoption of a Resolution overruling any other protests and ordering that alternative method for the levy of benefit assessment be made applicable to the City of Santa Clara Parking Maintenance District No. 122 and approving, confirming and adopting the Director's Report for Fiscal Year 2013-14.

 

C.

Adoption of a Resolution overruling any other protests and ordering that alternative method for the levy of special benefit assessment be made applicable to the Santa Clara Convention Center Complex Maintenance District No. 183 and approving, confirming and adopting the Director's Report for Fiscal Year 2013-14.

 

9.

BIDS AND PROPOSALS:

 

A.

Award of contract for the Demolition of Walsh Elevated Water Storage Tank (WA 30168) project to the lowest responsive and responsible bidder, Evans Brothers, Inc., in the amount of $179,800 and authorization to execute change orders in the aggregate up to 10% of the original contract price or $17,980.

 

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.

 

 

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 June 25, 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 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; 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) and Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9(a); Potential initiation of litigation: 2 potential cases.

 

17.

ADJOURNMENT:

 

A.

To Tuesday evening, June 25, 2013 at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.