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.

 

March 10, 2015

 

6:00 PM
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)
and
Threat to Public Services or Facilities
Pursuant to Government Code Section 54957(a)
Consultation with:  Chief Sellers, Santa Clara Police Department
and
Conference with Legal Counsel - Anticipated Litigation
Pursuant to Government Code Section 54956.9(d)(4) - Initiation of Litigation
Number of potential cases:  1
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
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

 

 

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.

February 3, 2015 - Special Meeting.

 

B.

February 10, 2015.

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Unveiling of the Limerick Flag Representing the New 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.)

 

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 Stipulations with Request for Award for Workers' Compensation Claim to settle the claim for the injury Teri Ryan, retired Office Specialist II, sustained cumulatively through April 27, 2010.

2.

Approval of the Compromise and Release for Workers' Compensation Claim to settle the claim for the injury Stewart Cusimano, retired Police Captain, sustained cumulatively through December 29, 2009.

3.

Approval of the Stipulations with Request for Award for Workers' Compensation Claim to settle the claim for the injury Donald Myers, retired Street Maintenance Worker III, sustained cumulatively through December 1, 2011.

4.

Approval of the appointment and changes to the updated City Council Committees List for the 2015 calendar year.

5.

Approval of the use of City Electric forces for the installation of facilities at 2920 Coronado Drive.

6.

Note and file the Departmental Activity Report for the month of December 2014.

7.

Pass to print an Ordinance repealing Chapter 8.37 ("Smoking Lounges") and adding a new Chapter 8.37 ("Smoking Lounges") of Title 8 ("Health and Safety") and amending Chapters 18.36 ("Regulations for CC-Community Commercial Zoning Districts") and 18.46 ("Regulations for MP - Planned Industrial Zoning Districts") of Title 18 ("Zoning") of "The Code of the  City of Santa Clara, California" to establish new regulations for smoking lounges.

 

B.

Agreements

 

1.

Approval to delegate authority to execute Amendments to the Agreements for the Performances of Services with Tennyson Electric, Inc., Colebank Construction and Mike Davis Landscape Services in an amount up to $227,000, for a total budget not to exceed $1,180,000, for the El Camino Real/Lawrence Expressway On/Off Ramp Embankment Landscape Improvement Project.

2.

Approval to delegate authority to negotiate, approve and execute necessary contracts and amendments  to support the April maintenance shutdown operations and ongoing maintenance for the Donald Von Raesfeld (DVR) Power Plant in an amount not to exceed $662,714 for the remainder of the fiscal year, up to a maximum not to exceed $2,050,000 over three years.

3.

Approval of an Agreement for the Performance of Services with LinkPath Communications, Inc., in an amount not to exceed $240,000 for the first year and a total not to exceed $720,000, for engineering, technical and field resources to directly support the Silicon Valley Power Outdoor Wi-Fi Wide Area Network (WAN).

4.

Approval of an Agreement for the Performance of Services with Bess Testlab, Inc., in an amount not to exceed $66,667 for the first year, or a total of $200,000 for the term of the Agreement, to provide potholing and underground locating services at various Electric Department projects.

5.

Approval of Call No. 15-1 for Professional Services with MTH Engineers, Inc., in an amount not to exceed $213,000, to provide construction support services for Fairview Substation.

6.

Approval of an Agreement for Design Professional Services with Kimley-Horn and Associates, Inc., in an amount not to exceed $100,000, for Development Plan Review and authorization to make minor non-substantive modifications.

7.

Approval of Call No. 15-2 for Professional Services with MTH Engineers, Inc., in an amount not to exceed $68,535, for engineering and design services for 12kV feeder breakers at Brokaw Substation.

8.

Approval of a Conservation Easement Agreement with the Silicon Valley Land Conservancy for the Donald Von Raesfeld Power Plant (DVR) Ecological Preserve.

9.

Approval of an Agreement for the Performance of Services with All Vision, LLC at no cost to the City to access the City's real estate assets for opportunities to maximize revenue from digital outdoor advertising and to return to Council for final approval to construct any new billboards.

10.

Adoption of a Resolution authorizing the City Manager to execute a Funding Agreement with the Metropolitan Transportation Commission (MTC) to accept $850,000 from the MTC Priority Development Area (PDA) Planning Grant for the El Camino Real Precise Plan.

 

C.

Reports for Information and Possible Action

 

D.

Minutes to Note and File

 

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.

Fiscal Year 2015-16 Annual Plan for the Use of Federal Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) Entitlement Funds:  Approval of the Funding Proposal Summary, including anticipated $25,164 CDBG Program Income and $18,798 HOME Program Income.

 

B.

Alan Square Project, 1701 Lawrence Road:  Adoption of a Resolution approving General Plan Amendment #82 to change the land use designation from Medium Density Residential to Low Density Residential; a Resolution approving the Rezone from Agricultural (A) to Planned Development (PD) to construct a nine-unit attached townhome development with a private street in conjunction with the demolition of existing structures; and a Resolution approving a Tentative Subdivision Map to create a nine-lot subdivision.

 

9.

BIDS AND PROPOSALS:

 

A.

Award the Public Works Contract for the Trimble Road Trunk Sanitary Sewer Improvements Project to JMB Construction, Inc. in the amount of $8,642,270; approval to establish a new Capital Improvement Project with a transfer of $14,000,000; adoption of a Resolution allowing the City to use future tax exempt debt financing for the project; and authorization to execute change orders up to approximately 15% of the original contract price, or $1,296,340 (CE 13-14-02).

 

B.

Award the Public Works Contract for the Scott Boulevard and Park Avenue Sanitary Sewer Improvements Project to D'Arcy & Harty Construction, Inc., in the amount of $531,100 and authorization to execute change orders up to approximately 10% of the original contract price, or $53,110 (CE 10-11-02).

 

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.

REPORTS FOR COUNCIL ACTION:

 

A.

Approval of a transfer and appropriation of funds for Miscellaneous Park Improvements in the amount of $92,000 from Parks and Recreation Unallocated Funds and approval of the Agreement for the Performance of Services with Saviano Company, Inc., in an amount not to exceed $92,000, for the Replacement of a Basketball Court and Park Pathway at Bracher Park and authorization to make minor, non-substantive modifications.

 

B.

Approval of a transfer and appropriation of funds for Miscellaneous Park Improvements in the amount of $39,961 and an Agreement for the Performance of Services with All About Play, in an amount not to exceed $39,961, for the Bracher Park Fitness Cluster and authorization to make minor, non-substantive modifications, if necessary.

 

C.

Adoption of a City Council Resolution and a Successor Agency to the City of Santa Clara Redevelopment Agency Resolution approving the transfer of the leasehold interest of CarrAmerica Techmart, L.L.C. (CarrAmerica) in the Trade Center Ground Lease to a subsidiary of Hudson Pacific Properties, L.P. (HPP), subject to CarrAmerica and HPP executing an assignment and assumption agreement in form and substance approved by the City Attorney, and authorization for the City Manager/Executive Director to execute all documents necessary to implement the transaction.

 

14.

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.

 

15.

REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

 

A.

Reports regarding conference attendance, if any.

 

16.

CITY MANAGER REPORTS:

 

17.

CLOSED SESSION MATTERS:

 

A.

City Attorney Reports:

 

B.

Set March 24, 2015 at 6:00 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 - 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.

 

18.

ADJOURNMENT:

 

A.

To Tuesday evening, March 24, 2015, at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.