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 06, 2011

 

5:30 PM
Closed Session
Council Conference Room
Conference with Real Property Negotiator
Pursuant to Government Code Section 54956.8
Property: APN 104-43-051; APN 104-43-052; APN 104-43-030;
APN 104-42-014; and APN 104-42-019;
Negotiating Party(ies):  Cedar Fair and the San Francisco 49ers;
City Negotiator:  Jennifer Sparacino, City Manager (or her 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 104-43-030
Negotiating Party(ies):  Santa Clara Stadium Authority and the San Francisco 49ers
City Negotiator:  Jennifer Sparacino, City Manager (or her 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 104-43-051; APN 104-43-052; APN 104-43-030; APN 104-42-014 and APN 104-42-019
Negotiating Party(ies):  Cedar Fair and JMA Ventures, LLC
City Negotiator:  Jennifer Sparacino, City Manager (or her designee)
Under Negotiation:  Purchase/Sale/Exchange/Lease of Real Property
(provisions, price and terms of payment)
and
Conference with Agency Labor Negotiator
Pursuant to Government Code Section 54957.6
City Negotiator:  Jennifer Sparacino, City Manager (or her 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)

 

 

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.

APPROVAL OF MINUTES:

 

A.

October 25, 2011.

 

B.

November 1, 2011.

 

C.

November 7, 2011 - Special Meeting.

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

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.

Proposed San Francisco 49ers Stadium:

 

1.

Joint Council and Stadium Authority "Committee of the Whole" Study Session
Review Proposed Stadium Project Disposition and Development Agreement (DDA), including Lease Summary and Preliminary Finance Plan, with an additional Study Session to be held on December 8, 2011 and a Public Hearing to be held December 13, 2011 to consider staff recommendation to approve the DDA and Preliminary Finance Plan Commitments.

2.

Approval to continue the consideration to approve or disapprove the proposed transfer of ownership of the Great America Theme Park Lease from the current lessee, Cedar Fair, LP., to the proposed lessee, JMA Ventures, LLC, or an affiliate of JMA, to the meeting of December 13, 2011.

 

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 for the use of City Electric forces for the installation of facilities for three feeders at Walsh Substation.

2.

Acceptance of the Santa Clara Convention Center and Convention-Visitor's Bureau (SCCC-CVB) Activity Report for Fiscal Year 2011-12 First Quarter as submitted by the SCCC-CVB. 

3.

Adoption of a Resolution ordering the vacation of various public easements located at 1720, 1740 and 1798 Grant Street to Bradford Manufacturing Company and authorization to record the Resolution with the County Recorder [APN 224-02-014, 020 and 023 (2011-12); SC 18,521].

4.

Adoption of a Resolution declaring weeds to be a public nuisance; set January 24, 2012 for a Public Hearing to hear public input regarding the proposed destruction or removal of weeds; and authorization to publish the Notice to Destroy Weeds.

5.

Adoption of a Resolution adopting the Renewable Energy Resource Procurement Plan (RPS Procurement Plan).

6.

Adoption of a Resolution adopting a Program for Enforcement of the Renewable Portfolio Standards Procurement Plan.

7.

Approval of the revised job descriptions for Assistant Police Chief and Police Captain.

8.

Acceptance of a donation from the Santa Clara Swim Club of two Sony 960 H Exview Day/Night CCD security cameras with installation, valued at $1,073, to be used at the George F. Haines International Swim Center and authorization to transmit a letter of appreciation.  

9.

Set January 10, 2012 for a Joint Council/Redevelopment Agency/Housing Authority Public Hearing regarding an Affordable Housing Agreement with ROEM Apartment Communities, LLC and Summary Report for the 2525 El Camino Real Apartment Project and authorization to publish the Notice of Public Hearing.

 

B.

Agreements

 

1.

Approval of Amendment No. 1 to Call No. 11-6 for Professional Services with Harris & Associates to increase the not to exceed amount by $51,656, for a total not to exceed amount of $85,962, and to extend the term for onsite representative services for the De La Cruz Junction Railroad Undercrossing project to December 31, 2012.

2.

Approval of Amendment No. 1 to the Agreement for the Performance of Services with PSC Industrial Outsourcing LP, in an amount not to exceed $250,000 for a total amount of $350,000, to provide hazardous waste transport, disposal services and emergency response.

3.

Approval of Call No. 11-12 for Professional Services with Paragon Partners Ltd., in an amount not to exceed $75,000, for Electric Department Field Administration Maintenance Services.

4.

Approval of Call No. 11-9 for Professional Services for Fiber Engineering Management, Call No. 11-10 for Professional Services for Fiber Construction Management and Call No. 11-11 for Professional Services for School Construction Management with Paragon Partners Ltd., in an amount not to exceed $635,580, to support the Silicon Valley Power (SVP) Fiber Optic Enterprise.

5.

Approval of an Agreement and Covenant Running with the Land with NVIDIA Land Development LLC to defer the installation of City standard sidewalk along the frontage of 2800 San Tomas Expressway and authorization to record the Agreement with the County Recorder (APN 224-11-066; SC 18,511).

6.

Approval of an Agreement and Covenant Running with the Land with Presbytery of San Jose of the Presbyterian Church in the United States of America, a corporation, to defer dedication of right-of-way for bus shelter pad, sidewalk installation and widening project on frontage of 2499 Homestead Road and authorization to record the Agreement with the County Recorder (APN 290-37-058; SC 18,509).

7.

Approval of an Agreement and Covenant Running with the Land with Presbytery of San Jose of the Presbyterian Church in the United States of America, a corporation, to defer the installation of City standard ramp and City standard ST-5 driveways at 2499 Homestead Road and authorization to record the Agreement with the County Recorder (APN 290-37-058; SC 18,510).

8.

Approval of an Agreement and Covenant Running with the Land with The President and Board of Trustees of Santa Clara College to defer the installation of a storm drain lateral, standard curb ramp and two driveway approaches along the frontage of 3355-3395 The Alameda and authorization to record the Agreement with the County Recorder (APN 269-16-081 and 082; SC 18,528).

9.

Approval of a Call Agreement with Ellen Youdin Wolfhagen and Call No. 11-1 for Professional Services, in an amount not to exceed $12,000, for E-Rate Fiber Optic Consulting Services.

10.

Approval of a Special Facilities Agreement with CoreSite Coronado Stender LLC and CoreSite Real Estate 2901 Coronado LLC for the CoreSite Data Center Development.

11.

Approval of a Power Purchase Agreement with Tioga Solar Santa Clara LLC, in substantially the form presented, for the purchase of green electric power.

12.

Approval to substitute B&B Landscape Contractors, Inc. with Valley Crest Landscape Companies as the Landscaping Subcontractor for the Tasman Drive Parking Structure project (CE 10-11-11).

13.

Adoption of a Resolution accepting the donation of 1,000 solar modules from MiaSole and approval of a Donation Agreement.

14.

Approval of an Agreement for the Performance of Services with Serrano Electric, Inc., in an amount not to exceed $95,100 in the first year of the agreement or $285,300 over the three-year term of the agreement, to perform electrical and related services at various City properties and on exterior grounds and parking structure at the Santa Clara Convention Center Complex (Maintenance Assessment District #183) .

15.

Approval of an Agreement for the Performance of Services with Fairway Painting, Inc., in an amount not to exceed $51,000 in the first year of the agreement or $153,000 over the three-year term of the agreement, to perform space frame structures and parking garage tower services at the Santa Clara Convention Center Complex (Maintenance Assessment District #183).

 

C.

Reports for Information and Possible Action

 

1.

Update on Tasman Parking Structure Construction (CE 10-11-11).

2.

Revision of Rate Schedule NM to Reflect 2012 Excess Energy Payment Rate Calculation.

 

D.

Minutes to Note and File

 

1.

Senior Advisory Commission - July 25, 2011.

2.

Youth Commission - September 13, 2011.

3.

Youth Commission - October 11, 2011.

4.

Parks and Recreation Commission - October 18, 2011.

5.

Parks and Recreation Commission - November 1, 2011.

 

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.

Adoption of a Resolution approving the Tentative Parcel Map to establish easements for a three lot subdivision for the properties located at 2565 and 2625 Walsh Avenue and 2880 Northwestern Parkway, subject to conditions (PLN2011-08887).

 

 

 

 

 

B.

Approval to execute Non-Exclusive Franchise Agreements for Non-Exclusive Hauling of Industrial Refuse and Recyclables with Allied Waste Services of North America, LLC, California Waste Solutions, Inc., Ferma Corporation, GreenWaste Recovery, Inc., Guadalupe Recycling & Disposal Facility, The Jonna Corporation dba Premier Recycle, Mission Trail Waste Systems, Pacific Coast Recycling, Recology South Bay, and Revolution Resources Recovery, LLC for the period beginning January 1, 2012 and ending June 30, 2013.

 

9.

BOARDS AND COMMISSIONS FOR ACTION:

 

A.

Minutes of the Civil Service Commission for the meeting of November 14, 2011: Request to note and file.
* Approval of modified job specification for Police Sergeant.
* Approval of the modified job specifications for Street Maintenance Worker I and Street Maintenance Worker II
.

 

B.

Minutes of the Senior Advisory Commission for the meeting of September 26, 2011: Request to note and file.
* Recommendation that the Council explore establishing a crowd-sourcing program to solicit and recognize money saving ideas from the public throughout the year.

 

C.

Minutes of the Senior Advisory Commission for the meeting of October 24, 2011: Request to note and file.
* Recommendation that the Council make every effort to keep the Senior Center open during the furlough days of December 27-30, 2011 to provide for socialization and exercise activities during the holiday week.

 

1.

Informational Memo: Response to Senior Advisory Commission regarding the request to keep the Senior Center open December 27-30, 2011.

 

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.

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.

 

 

13.

REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

 

A.

Reports regarding conference attendance, if any.

 

B.

Appointment of Council Member Kolstad as Vice Mayor and Council Member Mahan as Chaplain for 2012.

 

14.

CITY MANAGER REPORTS:

 

15.

CLOSED SESSION MATTERS:

 

A.

Set December 13, 2011 at 5:30 pm for a Closed Session in the Council Conference Room for a Conference with Real Property Negotiator; pursuant to Government Code Section 54956.8; Property: APN 104-43-051; APN 104-43-052; APN 104-43-030; APN 104-42-014; and APN 104-42-019; Negotiating Party(ies):  Cedar Fair and the San Francisco 49ers; City Negotiator:  Jennifer Sparacino, City Manager (or her designee); Under Negotiation:  Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment); Conference with Real Property Negotiator; pursuant to Government Code Section 54956.8; Property:  APN 104-43-030; Negotiating Party(ies):  Santa Clara Stadium Authority and the San Francisco 49ers; City Negotiator:  Jennifer Sparacino, City Manager (or her designee); Under Negotiation:  Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment); Conference with Real Property Negotiator; pursuant to Government Code Section 54956.8; Property:  APN 104-43-051; APN 104-43-052; APN 104-43-030; APN 104-42-014 and APN 104-42-019; Negotiating Party(ies):  Cedar Fair and JMA Ventures, LLC; City Negotiator:  Jennifer Sparacino, City Manager (or her designee); Under Negotiation:  Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment); and Conference with Agency Labor Negotiator; pursuant to Government Code Section 54957.6; City Negotiator:  Jennifer Sparacino, City Manager (or her 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).

 

16.

ADJOURNMENT:

 

A.

To Tuesday evening, December 13, 2011 at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.