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.

 

April 22, 2014

 

5:00 pm

Development Review Study Session

Council Chambers

File: SummerHill Mixed Use Development at Lawrence Station Area

Location: 3305 Kifer, 3505 Kifer Road, 2925 Copper Road, 3050 Copper Road, 3500 Ryder Street, 3535 Kifer Road, 2900-2995 Gordon Avenue, approximately 27 acres on the north side of Kifer Road, east of Lawrence Expressway; APNís 216-33-001, 216-34-041, 046, 047, 051, 066, 069, 070, 072 and 073

Request: Review of conceptual plan to redevelop existing industrial properties for housing and mixed use at moderate and high-density in close proximity to the Lawrence Caltrain Station in accordance with General Plan 2015 Land Use goals.

 

6:00 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 - 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
Conference with Real Property Negotiator
Pursuant to Government Code Section 54956.8
Property: APN 097-01-039, APN 097-01-073, APN 104-01-102 and APN 104-03-036
Negotiating Party(ies): William A. Witte, President, Related California
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 104-03-036, APN 104-03-038, APN 104-43-039 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 224-28-035
Negotiating Party(ies): Don Jessup, Silicon Valley Associates
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 224-02-002, 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: Coronado Drive, between Stender Way and Central Expressway, Santa Clara, CA
Negotiating Party(ies): Jay DiMaggio, CoreSite
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: 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 Legal Counsel - Existing Litigation
Pursuant to Government Code Section 54956.9(a)
Prudential Insurance Company of America v. City of Santa Clara

(Paramount Parks, Inc., Cedar Fair Southwest, Inc., Real Parties in Interest)
Santa Clara County Superior Court Case No. 112CV226740
and
City Council/City Council acting as the 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(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
Council/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

 

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.

March 18, 2014.

 

B.

March 25, 2014.

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Recognition of the Reserve Police Officer Unit of the Santa Clara Police Department for their continuous volunteer efforts to the City of Santa Clara.

 

B.

Promotion of a vacancy on the Civil Service Commission.

 

C.

Promotion of a vacancy on the Parks and Recreation Commission.

 

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.

2325 Park Avenue Project Process Review and City Regulation of Boarding Houses and Second Units
Direct the establishment of an ad hoc committee, including any direction on its composition, to review available resources and make recommendations to the Council on the zoning code for the development and review process for single family home development, with an emphasis on addressing student housing impacts on neighborhoods within the proximity of Santa Clara University.

 


 

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 Utility Electrician candidate Long Vu at Step 3, salary range D1-32.

2.

Approval to set the salary for Utility Electrician candidate Christopher Divens at Step 3, salary range D1-32.

3.

Approval of the plans and specifications for the Santa Clara Various Streets and Roads Project for Benton Street, Lincoln Street, and Los Padres Boulevard; authorization to make minor modifications, if necessary; and authorization to advertise for bids (CE 13-14-04).

4.

Approval of the revised job description for Purchasing Division Manager.

5.

Acceptance of the Monthly Financial Status Reports for February 2014.

6.

Approval of the use of City Electric Forces for the installation of facilities at 2060 El Camino Real, 842 Madison Street and Palm 207P Feeder Extension, Great America Parkway to rear of Levi's Stadium.

7.

Approval of the Compromise and Release to settle the claims for injuries Retired Fire Captain Mr. Robert List sustained on September 7, 2009, on August 9, 2010 and cumulatively from December 22, 2009 through December 22, 2010.

8.

Pass to print an Ordinance to add Article V (Polystyrene Foam Disposable Service Ware) to Chapter 13.20 (Storm Drains and Discharges) to Title 13 (Public Services) of the City Code to prohibit the use of polystyrene foam disposable food service ware.

9.

Adoption of a Resolution establishing the Political Campaign Voluntary Expenditure Limit at $38,300 and adjusting the Campaign Contribution Limit to $520 for candidates who accept the voluntary expenditure limit and $260 for those who do not for the November 4, 2014 City election.

10.

Adoption of Ordinance No. 1924 amending Chapter 2.130 (Political Campaign Finance Reform Act) of Title 2 (Administration and Personnel) of the City Code to reflect updates to the Political Campaign Finance Reform Act.

 

B.

Agreements

 

1.

Approval of an Agreement for Professional Services with GHD, Inc., in an amount not to exceed $464,421, for a Supervisory Control and Data Acquisition (SCADA) Master Plan.

2.

Approval of an Electric Service Agreement with Nvidia Corporation for the purchase of electricity on a long-term basis for certain discounted rates.

3.

Approval of an Agreement for the Performance of Services with VSS International, Inc., in an amount not to exceed $210,073, for the FY 2013-2014 Various City Streets Surface Reseal Project and authorization to execute change orders, in an amount not to exceed 10% of the contract price or $21,007.

4.

Approval of Amendment No. 1 to Agreement No. A3650S with the Santa Clara Valley Water District (SCVWD), in an amount not to exceed $314,000, for Stream Bank Erosion Repair Along San Tomas Aquino Creek at the Lake Santa Clara Pump Station Outfall.

5.

Approval of an Agreement and Covenant Running With the Land with Tsung-Yen Lin, also known as Tom T Y Lin, to retain and maintain an existing overhang and portions of an existing building within the City-owned portion of El Camino Real at 3224 El Camino Real and authorization to record the Agreement with the County Recorder (APN 290-63-008; SC 18,651).

 

C.

Reports for Information and Possible Action

 

1.

Update on the implementation of the paperless City Council agenda packet.

 

D.

Minutes to Note and File

 

1.

Planning Commission - January 15, 2014.

2.

Historical and Landmarks Commission - December 5, 2013.

3.

Cultural Commission - February 3, 2014.

4.

Marketing Committee - March 19, 2014.

 

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.

777 Lawrence Expressway
Adoption of a Resolution approving a Tentative Parcel Map and making the determination that the project is categorically exempt from California Environmental Quality Act (CEQA) under Guidelines 15315 (Class 15 - Minor Land Divisions) (PLN2013-10116).

 


 

B.

Municipal Fee Schedule Fiscal Year 2014-15
Adoption of a Resolution adopting the Municipal Fee Schedule 2014-15 which imposes new fees, rates and charges; amends existing fees; and retains unchanged fees for various City departments, effective July 1, 2014.

 

9.

BOARDS AND COMMISSIONS FOR ACTION:

 

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 in concept of the Santa Clara Convention Center Corporate Partnership Program and the upgrade of the outdoor sign at the corner of Tasman and Great America Parkway.

 

B.

Approval and appropriation of estimated revenue from Surface Transportation Program (STP) Funds, in the amount of $1,891,000, for the Santa Clara Various Streets and Roads Preservation Project and approval to transfer funds, in the amount of $249,000, to the Project (CE 13-14-04).

 

C.

Approval of the appropriation and transfer of funds, in the amount of $160,000, to the City Affordable Housing Fund, City Housing Administration and approval (retroactive) of the Agreement for the Performance of Services with Neighborhood Housing Services Silicon Valley, Inc., in the amount of $160,000, and all related documents for the provision of administrative services for the Below Market Purchase Program.

 

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 May 6, 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; and 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 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, May 6, 2014 at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.

 

 

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