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 18, 2014

 

5:30 pm
Closed Session
Council Conference Room
Conference with Real Property Negotiator
Pursuant to Government Code Section 54956.8
Property: APN 104-03-036, 104-03-038, 104-03-039 and APN 104-03-040
Negotiating Party(ies): Kurt Wittek, Montana Property Group, LLC
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 224-02-022, 224-02-013, 224-02-014, 224-02-020 and 224-02-023
Negotiating Party(ies): Steve Zamudio, Colliers International
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 104-03-038, 104-03-039, 104-03-040, 104-43-050, 104-55-16 and 104-43-049
Negotiating Party(ies): Larry MacNeil and Jim Mercurio, The San Francisco 49ers
City Negotiator: Julio J. Fuentes, City Manager (or designee)
Under Negotiation: Parking Rights Agreement
and
Conference with Real Property Negotiator
Pursuant to Government Code Section 54956.8
 Property: 90 N. Winchester Blvd., APN 303-17-047 through 049
Negotiating Party(ies): SummerHill Homes
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 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
City Council/Successor Agency to the City of Santa Clara
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
and
Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Section 54956.9(a)
A.C. v. City of Santa Clara, et al.
United States District Court, Case No. CV13-3276 JCS
and
City Council/Successor Agency to the City of Santa Clara
Conference with Legal Counsel - Anticipated Litigation
Pursuant to Government Code Section 54956.9(a)
Potential initiation of litigation: 1 potential case

 

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 11, 2014.

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Introduction of Santa Clara Postmaster, Andy Ioane.

 

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 to set the salary for Senior Electric Utility Engineer - Distribution Planning candidate, Michael Mintz, at Step 4, salary range E-46.

2.

Approval of the Stipulations with Request for Award to settle the claims for the injuries Larry Lambert, retired Firefighter, sustained on December 12, 2005 and cumulatively through October 29, 2010.

3.

Acceptance of the donation of children's plastic fire helmets, valued at $530, from the Santa Clara Firefighters Foundation and authorization to transmit a letter of appreciation.

4.

Note and file the Departmental Activity Report for the month of December 2013.

5.

Approval of the job description for Principal Utility Information Systems Manager; set the control point at $14,580 per month; and add this specification to the City's Conflict of Interest Code, Disclosure Category 4.

6.

Approval to publish the April 2014 Mission City SCENES.

7.

Approval to set the salary for Senior Electric Utility Engineer - Distribution Planning candidate, Billy Quach, at Step 2, salary range E-46.

8.

Adoption of a Resolution repealing and establishing certain parking regulations on The Alameda.

9.

Note and file the proposed Covenants Conditions and Restrictions (CC&Rs) and Reciprocal Easement for the Stadium TechCenter Project located at 5450, 5470, 5480 and 5490 Great America Parkway.

10.

Approval to take a position of support on Senate Bill 1345 (Committee on Natural Resources and Water); authorization to transmit a letter of support; and authorize follow-up actions as appropriate regarding the extension of the Wholesale Regional Water System Security and Reliability Act to January 2022.

 

B.

Agreements

 

1.

Approval of Amendment No. 1 to Call No. 13-3 for Professional Services with Paragon Partners LTD, in an amount not to exceed amount of $4,533.57 for a total not to exceed $396,592.57, for fiber optic construction support to the Silicon Valley Power (SVP) Fiber Enterprise.


 

2.

Approval of a Call Agreement with Lightwerks Communication Systems, Inc., dba CCS Presentation Systems, Inc., and Call No. 14-1 for Professional Services, in an amount not to exceed $73,647, for an upgrade of the audio visual system at Central Park Library.

3.

Approval of an Agreement for Professional Services with Harris & Associates, Inc., in an amount not to exceed $86,240, for interim project management services.

4.

Approval of an Agreement for Professional Services with 3Degrees Group, Inc., in an amount not to exceed $3,500,000, to continue the Santa Clara Green Power Program.

5.

Approval of Call No. 14-3 for Professional Services with Paragon Partners, Ltd., in an amount not to exceed $125,658.44, to provide construction support for the Fiber Optic Expansion Project.

6.

Approval of a Pole Contact Agreement with Teleport Communications America, LLC to allow access to Electric Department utility poles.

7.

Approval to delegate authority to negotiate, approve and execute the necessary contracts to support the April maintenance shutdown operations and ongoing maintenance for the Donald Von Raesfeld (DVR) Power Plant, including amendments, in an amount not to exceed $507,000 for the remainder of this fiscal year, up to a maximum not to exceed amount of $2,525,000 over three years.

8.

Approval of an Agreement for the Performance of Services with Vision Internet Providers, Inc., in an amount not to exceed $77,860, for an upgrade of the City websites and Web Content Management System (CMS).

9.

Approval of an Agreement for the Performance of Services with SBV Concrete, Inc., dba Valley Concrete, in the amount of $200,170.50 for the first year with a total not to exceed amount of $400,341 over the two year term, for the Fiscal Year 2013-15 Curb, Gutter & Sidewalk Maintenance Project.

10.

Approval of an Agreement for the Performance of Services with Got Power, Incorporated, dba California Diesel and Power, in an amount not to exceed $100,000, for inspection, maintenance, load bank testing and repair of emergency standby electrical generators.

11.

Approval of an Agreement for the Performance of Services with APC International, Inc., in an amount not to exceed $180,000, for the Sanitary Sewer Improvements Phase II Project Construction Inspection and Management Services.

 

C.

Reports for Information and Possible Action

 

1.

2013-14 Operating Budget and Capital Improvement Project Budget Awards from California Society of Municipal Finance Officers (CSMFO).

2.

Acceptance of a Certificate of Benefactor to the City of Santa Clara from Santa Clara Methodist Retirement Foundation.

3.

Notice of May 6, 2014 for a Public Hearing and publication of Notice of Availability for Public Review of the City's Annual Plan for Program Year 2014-15 regarding the use of Federal Entitlement Funds and proposed amendments to the Program Year 2010 and 2012 Annual Plans for the use of Federal Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) Entitlement Funds.

 

D.

Minutes to Note and File

 

1.

Board of Library Trustees - December 2, 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.

45 Buckingham Residential Project located at 45 Buckingham Drive and 66 Saratoga Avenue
Adoption of a Resolution adopting a Mitigated Negative Declaration and adopting a Mitigation Monitoring or Reporting Program; adoption of a Resolution approving General Plan Amendment No. 76 to change the land use designation from Community Mixed Use to High Density Residential; and adoption of a Resolution rezoning the properties from Thoroughfare Commercial (CT) to Planned Development (PD) to construct a four-story 222 unit multi-family apartment complex with 5.5 level interior wrap parking structure and a total of 372 on-site parking spaces, site improvements and landscaping, in conjunction with demolition of an existing commercial building and surface parking lots, subject to conditions (CEQ2013-01157/SCH 2013082008, PLN 2013-09799).

 

B.

1460 and 1476 Monroe Street, 1386 El Camino Real and 1485 Madison Street
Adoption of a Resolution adopting the Mitigated Negative Declaration (MND) and the Mitigation Monitoring and Reporting Program (MMRP; adoption of a Resolution approving rezoning the project from CT-Thoroughfare Commercial to PD-Planned Development; and adoption of a Resolution approving the Tentative Subdivision Map to re-subdivide the 0.67-acre project site into mixed use development, subject to conditions (PLN2012-09113, PLN2013-09656 and CEQ2013-01167).

 


 

C.

Annual Plan for the use of Community Development Block Grant Program (CDBG) and Home Investment Partnership Act (HOME) Federal Entitlement Funds for Fiscal Year 2014-15: 1) Approval of the Funding Proposal Summary, which includes $41,648 of anticipated CDBG program income and $22,825 in anticipated HOME program income; and 2) authorization to adjust the individual allocation amounts based on the actual entitlement grants received.

 

9.

BIDS AND PROPOSALS:

 

A.

Award of contract for Central Park Pond Improvement Project to Integrated Water Services, Inc., in the amount of $582,307; approval of the appropriation to fund the project; and authorization to execute contingencies up to 10% of the original contract price, or $58,300.

 

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.

Council Strategic Objective Update: Note and file the results of the community input regarding the proposed ban of single-use plastic bags and provide direction on the next phase of the project and either approve Option 1: Direct the City Manager to conduct an Initial Study and Negative Declaration for a single-use plastic bag ban ordinance, or Option 2: Take no action on the single-use bag ban at this time and direct the City Manager to report back with an update on the statewide plastic bag legislation in the fall 2014.

 

1.

Correspondence received through March 14, 2014.

 

B.

Council Strategic Objective Update: Note and file the results of the community input regarding the proposed ban of polystyrene foam food ware and direct the City Manager on next steps in preparing an Ordinance prohibiting use.

 

1.

Correspondence received through March 14, 2014.

 


 

C.

Approval for the establishment of the Capital Improvement Project 2873, El Camino Real Street Lighting Improvement, and approval to appropriate funds, in the amount of $4,000,000, to improve lighting and public safety along El Camino Real.

 

D.

Approval to establish the Capital Improvement Project, El Camino Real In-Pavement Crosswalk Project, and approval to appropriate funds, in the amount of $400,000, to allow for the installation of pedestrian activated embedded crosswalk lights and overhead flashing beacons along El Camino Real.

 

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 25, 2014 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); 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; and Conference with Legal Counsel-Anticipated Litigation pursuant to Government Code Section 54956.9(a); potential initiation of litigation: 1 potential case.

 


 

18.

ADJOURNMENT:

 

A.

To Tuesday evening, March 25, 2014 at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.