Rounded Rectangle: Council and Authorities 
Concurrent Meeting Agenda

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REVISED AGENDA

 

CITY COUNCIL

STADIUM AUTHORITY

SPORTS AND OPEN SPACE AUTHORITY

HOUSING AUTHORITY

SUCCESSOR AGENCY TO THE CITY OF SANTA CLARA REDEVELOPMENT AGENCY

 

August 29, 2017

 

 

5:00 PM JOINT CITY COUNCIL/HOUSING REHABILITATION LOAN COMMITTEE MEETING

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); Successor Agency to the City of Santa Clara Redevelopment Agency (SARDA); Bayshore North Project Enhancement Authority (BNPEA)

 

A complete agenda packet is available on the City’s website and in the City Clerk’s Office beginning the Thursday 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.

 

1.

5:00 PM JOINT CITY COUNCIL/HOUSING REHABILITATION LOAN COMMITTEE MEETING:

 

A.

Confirmation of a Quorum.

CC

 

2.

MONTHLY INFORMATIONAL JOINT CITY COUNCIL/HOUSING REHABILITATION LOAN COMMITTEE DINNER MEETING:

 

A.

The Housing Rehabilitation Loan Committee will provide the City Council with an update on current activities and potential future projects.

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 representative: Rajeev Batra, 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 litigations, Number of potential cases: 1 Facts and Circumstances: (1) Letter from City dated July 28, 2017, to Forty Niners SC Stadium Company and Forty Niners Stadium Management Company re: Demand - Additional Parking Rights Agreement (Golf Course); and (2) Letter from Forty Niners SC Stadium Company LLC to City dated August 1, 2017 re: Additional Parking Rights Agreement (Golf Course).

CC

 

C.

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 SARDA

 

D.

Conference with Legal Counsel-Existing Litigation pursuant to Government Code Section 54956.9(d)(1), City of San Jose v. City Santa Clara, San Mateo County Superior Court Case No. 16-CIV-02303.

CC

 

E.

Conference with Legal Counsel-Existing Litigation pursuant to Government Code Section 54956.9(d)(1), City of Santa Clara v. City of San Jose, San Mateo County Superior Court Case No. 17-CIV-00547.

CC

 

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.

CONTINUANCE/EXCEPTIONS:

 

11.

SPECIAL ORDER OF BUSINESS:

 

A.

Santa Clara Sister Cities Association: Recognition of student participation in the recent annual exchange trip to Izumo, Japan and a presentation by students who attended the Sister Cities International's 2017 Youth Leadership Summit in Virginia Beach, VA.

CC

 

B.

Proclamation for Muslim Appreciation and Awareness Month - August 2017.

CC

 

C.

Proclamation for National Payroll Week - September 4-8, 2017.

CC

 

D.

Presentation by the Cultural Commission on upcoming events for September and October 2017.

CC

 

12.

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 Electrician candidate, Jason Whitfield, at Step "2" of the salary range for Schedule D1-32.

CC

2.

Approval of two new street names "La Rambla Avenue" and "Rambla Place" to be added to the City's approved street name list.

CC

3.

Note and file the Monthly Financial Status Reports for June 2017.

CC

4.

Note and file the Santa Clara Convention Center and Convention-Visitor's Bureau Activity Report for Fiscal Year 2016-17 Fourth Quarter, Year-to-Date, and End of Fiscal Year 2016-2017.

CC

5.

Approval to purchase a Mondopad from Public Safety Innovation in an amount not-to-exceed $30,000 and a Total Station from California Surveying and Drafting Supply in an amount not-to-exceed $80,000; and approval of a budget appropriation of $110,000 to the cover the cost.

CC

6.

Acceptance of the public improvements work performed by Devcon Construction for Site No. 7320, EP No. 14914 at 3345 Scott Boulevard [APN No. 216-31-094 (Fiscal Year 2017-2018)].

CC

7.

Approval of the use of City Water Utility forces for the installation of service connections and upgrades at 3000 Kenneth Street and 433 Juanita Drive.

CC

8.

Approval of the transfer of $200,000 and increase the project contingency amount from $183,717 to $383,717 for the Westside Retention Basin Desilting Project; and authorization for the City Manager to execute change orders up to the increased contingency amount. 

 

9.

Set monthly informational joint dinner meetings at 5:00 PM with City Council, Board members, Committee Members, and Commissioners:
September 12, 2017       Tentative Additional Dates:
October 10, 2017            June 12, 2018
October 24, 2017            June 26, 2018
November 7, 2017         
December 5, 2017
January 9, 2018
February 6, 2018
March 6, 2018
April 3, 2018
May 8, 2018

CC

 

B.

Agreements

 

 

1.

Approval of Second Amendment to the Agreement for Materials Testing, Pavement Design and Log of Boring Services with the City of San Jose increasing funding from $150,000 to $250,000, updating the fee schedule and extending the termination date to December 31, 2018. 

CC

2.

Approval of Amendment No. 2 to the Agreement for Professional Services with TRB + Associates, Inc. increasing the amount by $600,000 for a total contract not-to-exceed amount of $1,500,000 for Building Safety Plan Review, Permit, and Inspection Services.

CC

3.

Approval of an Agreement for the Performance of Services with Long's Custom Discing, Inc. to mow the Eastside Retention Basin Drainage Swale for an amount not-to-exceed $48,350 during the first year and a total not to exceed amount of $150,000 over the three-year term, subject to future budget appropriations.

CC

4.

Approval of the Electric Service and Substation Construction Agreement with Vantage Data Centers, LLC pending final review and approval of the City Attorney and direction to the Finance Department to establish a Capital Improvement Program (CIP) project number to accumulate and track funds associated with the project.

CC

5.

Approval of the Professional Services Agreement with Verde Design, Inc. for planning, design, engineering and project management services related to Bowers Park and Machado Park in an amount not-to-exceed $176,132.

CC

 

C.

Bills and Claims/Progress Payments

 

 

1.

Approval of Bills and Claims and Progress Payments.

CC SA SOSA HA

 

D.

Reports for Information and Possible Action

 

 

1.

Informational Report: Massage Establishment Update.

CC

 

E.

Minutes to Note and File

 

 

1.

Economic Development Committee - July 17, 2017.

CC

2.

Housing Rehabilitation Loan Committee - May 11, 2017.

CC

3.

Planning Commission - July 26, 2017.

CC

 

F.

Routine Written Petitions for Approval

 

 

1.

Helen Gettinger on behalf of Kaiser Permanente: Request for approval for a Special Permit to conduct an Employee and Family Wellness Event on September 17, 2017 in the Kaiser Permanente parking lots (A, B, C) located at 710 Lawrence Expressway (PLN2017-12773).  Staff Recommendation: Approval, subject to conditions.

CC

2.

Holly Prinz of ABC Tree Farms, LLC: Request for approval of a Special Permit to allow seasonal Pumpkin Patch from September 21, 2017 to end on October 31, 2017 and Christmas Tree sales events from November 22, 2017 to end on December 24, 2017 at 3503 El Camino Real (PLN2017-12799). Staff Recommendation: Approval, subject to conditions.

CC

3.

Holly Prinz of ABC Tree Farms, LLC: Request for approval of a Special Permit to allow seasonal Pumpkin Patch from September 21, 2017 to end on October 31, 2017 and Christmas Tree sales events on November 10, 2017 to end on December 24, 2017 at 2740 El Camino Real (PLN2017-12792). Staff Recommendation: Approval, subject to conditions.   

CC

4.

Holly Prinz for ABC Tree Farms, LLC: Request for approval of a Special Permit to allow seasonal Pumpkin Patch on September 10, 2017 to end November 5, 2017 and Christmas Tree sales events on November 6, 2017 to end on December 31, 2017 at 3590 Benton Street (PLN2017-12745). Staff Recommendation: Approval, subject to conditions.

CC

 

13.

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 speaker cards available in the Council Chambers.]

 

 

14.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

15.

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.)]

 

 

16.

REPORTS FOR ACTION:

 

A.

Approval to direct the City Manager to continue processing the General Plan Amendment Application submitted by Prometheus Real Estate Group for 2780 El Camino Real from Regional Mixed Use to Medium Density Residential [PLN2017-12669].

CC

 

B.

Loyalton Property located within Lassen, Sierra and Plumas Counties: Declaration of the property as surplus to the City's needs; authorization to send out California Surplus Land Act notices; and return to Council with necessary agreements to list the property for sale. 

CC

 

C.

Approval of Agreement for Design Professional Services with David L. Gates & Associates Inc. for planning, design, engineering and project management services for the Montague Park Rehabilitation Project in the amount of $610,815.

CC

 

D.

Adoption of Resolution approving the application for State of California Outdoor Environmental Education Facilities Grant Funds for the Outdoor Classroom component at the San Tomas & Monroe Neighborhood Park and Community Garden Site in an amount up to $363,185.

CC

 

E.

Approval of the new job descriptions for Chief Operating Officer and Chief Stadium Authority Officer, revise the existing job description for Assistant City Manager and eliminate the existing job description for Economic Development Officer/Assistant City Manager and approve a single new job description for Assistant City Manager; create a new control point of $27,029 for Chief Operating Officer; create a new control point of $23,503 for Chief Stadium Authority Officer; revise the current control point of $20,726 for Assistant City Manager and Economic Development Officer/Assistant City Manager to a control point of $23,503 for Assistant City Manager; and amend the 2017/2018 budget and add $222,390 to the City Manager's Office Salary and Benefits budget for the new and increased salaries associated with these new and reclassified job descriptions.

CC

 

F.

Approval to hire Scott McKibben in the position of Chief Stadium Authority Officer at 106.36% of the Control Point with a monthly salary of $25,000 (annual salary of $300,000); and hiring Manuel Pińeda in the position of Assistant City Manager at 109.91% of the Control Point with a monthly Salary of $25,834 (annual salary of $310,008).

CC

 

G.

Approval to eliminate the existing job description for Electric Utility Director and reclassify the position from Director of Electric Utility to Chief Electric Utility Officer with a corresponding job description; and revise the current control point of $22,485 for the Director of Electric Utility to a control point of $27,029 for the Chief Electric Utility Director.

CC

 

17.

WRITTEN PETITION:

 

A.

Curtis Kent on behalf of United Communities for Sensible Development: Request to evaluate waived fees, protected inspections and take legal action.

CC

 

18.

BIDS AND PROPOSALS:

 

A.

Reject all bids received for the 2017 Pavement Surface Treatment Project (CE 16-17-09).

CC

 

B.

Award the Public Works Contract for the San Tomas Expressway and Monroe Street Park and Community Garden Project to the lowest, responsive and responsible bidder, Goodland Landscape Construction in the amount of $3,368,046; approval of the appropriations in the amount of $1,700,000; and authorization to execute change orders up to 10% of the original contract price for a total not-to-exceed amount of $3,704,850 (CE 16-17-10).

CC

 

19.

BOARD AND COMMISSIONS FOR ACTION:

 

A.

Bicycle and Pedestrian Advisory Committee - Minutes of August 16, 2017:
Request to note and file.
* Recommendation to 1.) Reject all Valley Transportation Authority (VTA) parking lot improvement alternatives as detour for the San Tomas Aquino Creek Trail (STACT) on Stadium event days; 2.) That a "bus bridge" is provided during STACT closures during Stadium events; and 3.) Direct the City Manager to explore additional STACT detours, including an at-grade detour and an elevated bypass trail through the Great America Theme Park Parking lot and relocation of the existing Stadium magnetometers.

CC

 

20.

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

 

A.

Reports regarding conference attendance, if any.

 

 

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, September 12, 2017, in the City Hall Council Chambers.

CC SOSA HA