Rounded Rectangle: Council and Authorities 
Concurrent Meeting Agenda

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CITY COUNCIL

STADIUM AUTHORITY

SPORTS AND OPEN SPACE AUTHORITY

HOUSING AUTHORITY

 

November 10, 2015

 

 

5:00 STUDY SESSION

6:00 PM CLOSED SESSION

7:00 PM REGULAR MEETING

City Hall Council Chambers

 

 

The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

 

AB23 ANNOUNCEMENT: Members of the Santa Clara Stadium Authority, Sports and Open Space Authority and Housing Authority are entitled to receive $30 for each attended meeting.

 

Note: The City Council and its associated Authorities meet as separate agencies but in a concurrent manner. Actions taken should be considered actions of only the identified policy body.  

 

LEGEND: City Council (CC); Stadium Authority (SA); Sports and Open Space Authority (SOSA); Housing Authority (HA)

 

A complete agenda packet is available on the City’s website and in the City Clerk’s Office beginning the Friday evening before the Tuesday meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov, or at the public information desk at any City of Santa Clara public library.

 

Council Member Marsalli will be attending remotely from

281 Fontana Drive, Santa Clara, CA 95051

 

1.

5:00 PM STUDY SESSION CALL TO ORDER:

 

A.

Confirmation of Quorum.

CC

 

2.

ANNOUNCEMENT OF STUDY SESSION:

 

A.

Outline of certain Charter provisions and Charter review process.

 

CC

 

3.

6:00 PM CLOSED SESSION CALL TO ORDER:

 

A.

Confirmation of Quorum.

 

 

4.

ANNOUNCEMENT OF CLOSED SESSION:

 

A.

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).

CC

 

B.

Conference with Legal Counsel-Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(4) - Initiation of litigation; Number of potential cases:1.

CC

 

C.

Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: Franklin Street ROW between the Alameda and Lafayette Street (700 and 800 blocks); Alviso Street ROW between Benton Street and Franklin Street (1000 block); City Negotiator: Julio J. Fuentes, City Manager (or designee); Negotiating Parties: Michael Hindery, Santa Clara University; Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment).

CC

 

D.

Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: APN 097-01-039; 104-01-102; and 104-03-036; City/Authority Negotiator: Julio J. Fuentes, City Manager (or designee); Negotiating Parties: Keith Bruce, San Francisco Bay Area Super Bowl 50 Host Committee; Under Negotiation: Purchase/Sale/Exchange/License/Lease of Real Property (provisions, price and terms of payment).

CC

 

E.

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.

 

CC SA SOSA HA

F.

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.

 

 

5.

PUBLIC COMMENT REGARDING CLOSED SESSION:

 

6.

RECESS TO CLOSED SESSION (Council Conference Room):

 

7.

7:00 PM REGULAR MEETING CALL TO ORDER:

 

8.

PLEDGE OF ALLEGIANCE AND STATEMENT OF VALUES:

 

9.

ROLL CALL:

 

10.

APPROVAL OF MINUTES:

 

A.

October 13, 2015.

CC SA SOSA HA

 

11.

CONTINUANCE/EXCEPTIONS:

 

12.

SPECIAL ORDER OF BUSINESS:

 

A.

Promotion of one vacancy on the Historical and Landmarks Commission.

CC

 

B.

Recognition of Silicon Valley Power for receiving  the United States Environmental Protection Agency's Supplier of the Year Award for the Santa Clara Green Power Program; and recognition of Larry Owens, Silicon Valley Power Senior Division Manager of Customer Services and Communications, for receiving the Lifetime Achievement Award from Northwest Public Power Association.

CC

 

13.

UNFINISHED BUSINESS:

 

[Possible Reconsideration of Actions Taken at Immediately Preceding Meeting. (See Summary of Actions for potential reconsideration, which is in the Agenda Packet Binder in the Council Chambers.)]

 

 

A.

Approval of an appropriation for the Super Community Black & Gold Ball up to $763,565 to be funded with the combination of sponsorship monies and ticket sales.

CC

 

14.

ITEMS SET FOR HEARING:

 

[Planning Commission items not being appealed, or which are not related to an appeal, will be heard under REPORTS 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.

1086 Madison Street
Adoption of a Resolution approving rezoning from Historic Combining-Planned Development (HT-PD) to Historic Combining-Planned Development (HT-PD) to allow conversion of an existing mixed use building into three separate residential units (PLN2014-10552).

CC

 

B.

410 Lafayette Way
Consideration of the appeal submitted by Salvatore Caruso to uphold the Architectural Committee's approval to make additions that increase the bedroom count in the existing home from 3 to 5 bedrooms (PLN2015-11455).

CC

 

15.

REPORTS FOR ACTION:

 

16.

STADIUM AUTHORITY ITEMS:

 

A.

Report regarding the regulation of fan conduct and alcohol sales at Levi's Stadium; request to note and file.

CC SA

 

17.

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.

Adoption of a Resolution ordering the vacation of a sanitary sewer easement and a water easement at 555 Reed Street to Xeres Ventures LLC; and authorization to record the Resolution (APN 230-30-104; SC 18,796).

CC

2.

Adoption of a Resolution ordering the summary vacation of a portion of right-of-way with reservation of a Public Utility Easement located at Augustine Drive and Octavius Drive; and approval of a Quitclaim Deed to 3255 Scott Boulevard LLC, for Augustine Drive and Octavius Drive (APN 216-45-006 and 025; SC 18,751).

CC

3.

Approval to set the salary for Senior Inspector candidate James Wiatrak at step 5 of the salary range for Schedule A39.

CC

4.

Adoption of a Resolution approving the Billboard Relocation Agreement with Outfront Media LLC for the project located at 941 Laurelwood Road (PLN2014-10793 and CEQ2015-01195).

CC

5.

Delegation of authority to the City Manager, or his designee, to negotiate and execute Resource Contingent Bundled Renewable Energy Credits long term sale contracts with members of the Northern California Power Agency (NCPA).

CC

6.

Reschedule the Historical and Landmarks Commission application deadline to December 9, 2015, at 5:00 pm with interviews to be held on December 15, 2015, at 6:00 pm in the reception lobby.

CC

7.

Approval of the use of City Electric forces for the installation of facilities at 382 Laurelwood Road and 2928 Marietta Drive.

CC

8.

Delegation of authority to City Manager to approve or disapprove Special Permits effective immediately for all Special Permits for temporary uses related to Super Bowl 50.

CC

 

B.

Agreements

 

 

1.

Approval of the Congestion Management Program Transportation Fund for Clean Air Agreement Fiscal Year 2015-16 for grants under the 40% Program Manager Fund relating to the design and construction of the Tasman Drive Bicycle Lanes Project with Santa Clara Valley Transportation Authority; and approval of appropriations and estimated revenue of $95,000; and approval of the transfer of $471,000 to cover the cost. 

CC

2.

Approval of an Agreement for the Performance of Services with Timken Gears and Services Inc., in an amount not to exceed $286,930 for the first year, with a total amount not to exceed $314,410 over the five year term of the Agreement, for maintenance and overhaul of the Cogen gas turbine generator gearboxes. 

CC

3.

Approval of a Cooperative Agreement with the County of Santa Clara to allow issuance of Mortgage Credit Certificates; and authorization for the County to administer the Mortgage Credit Certificate Program on behalf of the City.

CC

4.

Approval of an Agreement for Design Professional Services with Mark Thomas & Company for the Saratoga Creek Undercrossings, Bridges and Trail Extension from Central Park to Homeridge Park Project in the amount not-to-exceed $671,591; and approval of appropriations and transfers of $650,000 to cover the cost.

CC

5.

Approval of Change Order No. 1 to Public Works Contract 2404H with Newtron, Inc, in an amount not to exceed $465,658.26 which updates the contract amount to $3,109,321.26 for the Construction of Winter 2015-16 Work Phase Shifting Transformer Construction Project; and authorization to execute additional change orders totaling up to $400,000.

CC

 

C.

Bills and Claims/Progress Payments

 

 

1.

Approval of Bills and Claims and Progress Payments

CC

 

D.

Reports for Information and Possible Action

 

 

1.

Acceptance of an Appreciation Plaque from the Santa Clara Methodist Foundation, Inc., a California Legislature Assembly Certificate of Recognition and a California State Senate Certificate of Recognition in appreciation of the City's support for affordable housing for low-income seniors and disabled persons.

CC

 

E.

Minutes to Note and File

 

 

1.

Board of Library Trustees - June 2, 2015.

CC

2.

Board of Library Trustees - August 3, 2015.

CC

3.

Planning Commission - September 2, 2015.

CC

4.

Planning Commission - September 23, 2015.

CC

 

F.

Routine Written Petitions for Approval

 

 

18.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

19.

PUBLIC PRESENTATIONS:

 

[This item is reserved for persons to address the Council/Stadium Authority/Sports and Open Space Authority/Housing Authority on any matter not on the agenda that is within the subject matter jurisdiction of the City or Authorities. The law does not permit action on, or extended discussion of, any item not on the agenda except under special circumstances. The governing body, or staff, may briefly respond to statements made or questions posed, and appropriate body 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.]

 

 

20.

REPORTS OF MEMBERS AND SPECIAL COMMITTEES (CC SA SOSA HA):

 

A.

Reports regarding conference attendance, if any.

CC SA SOSA HA

 

B.

Ethics Committee Recommendations: Pass to print an Ordinance adding Chapter 2.155 ("Regulation of Lobbying Activities") to Title 2 ("Administration and Personnel") of "The Code of the City of Santa Clara, California"; and approval of appropriations of $43,000 for staffing costs and $5,000 for technology costs.

CC

 

C.

Report responding to the Ethics Committee recommendation and requesting direction to staff regarding the preparation of an ordinance requiring open calendars for certain City officials.

CC

 

21.

CITY MANAGER/EXECUTIVE DIRECTOR REPORTS:

 

22.

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS:

23.

ADJOURNMENT:

 

A.

The next regular scheduled meeting is on Tuesday evening, November 17, 2015, in the City Hall Council Chambers.

CC SA SOSA HA