Rounded Rectangle: Council and Authorities 
Concurrent Meeting Agenda

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CITY COUNCIL

STADIUM AUTHORITY

SPORTS AND OPEN SPACE AUTHORITY

HOUSING AUTHORITY

 

December 19, 2017

 

 

4:30 PM CLOSED SESSION

5:30 PM STUDY 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.

4:30 PM CLOSED SESSION CALL TO ORDER:

 

A.

Confirmation of Quorum.

 

 

2.

ANNOUNCEMENT OF CLOSED SESSION:

 

A.

Conference with Labor Negotiators pursuant to Government Code Section 54957.6; City representative: Deanna J. Santana, 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-Existing Litigation pursuant to Government Code Section 54956.9(d)(1) Harmon v. City of Santa Clara, et al., United States District Court, Northern District of California Case No. 5:16-cv-04228 EJD.

CC

 

C.

Conference with Legal Counsel-Anticipated Litigation pursuant to Government Code Section 54956.9(d)(2) - Exposure to litigation, Number of potential cases: 1 (FACTS AND CIRCUMSTANCES) City as potential defendant: Claim of Trimark Associates, Inc. related to the Supervisory Control and Data Acquisition (SCADA) System, City of Santa Clara Project No. WA 30251.

CC

 

D.

Conference with Legal Counsel-Anticipated Litigation pursuant to Government Code Sections 54956.9(d)(2) and (e)(3) - Exposure to litigation, Number of potential cases: 1 (FACTS AND CIRCUMSTANCES) City as potential defendant: Claim of Pacific Gas and Electric Company related to damage to a service line at 2000 El Camino Real, Santa Clara.

CC

 

3.

PUBLIC COMMENT REGARDING CLOSED SESSION:

 

4.

RECESS TO CLOSED SESSION (Council Conference Room):

 

5.

5:30 PM STUDY SESSION:

 

A.

Confirmation of a Quorum.

CC

 

6.

ANNOUNCEMENT OF STUDY SESSION:

 

A.

Acoustic monitoring of Levi's Stadium and the San Francisco 49ers Practice Facility for Noise Ordinance compliance.

CC SA

 

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.

November 14, 2017 - Special Meeting.

CC

 

B.

November 21, 2017.

CC SA SOSA HA

 

11.

CONTINUANCE/EXCEPTIONS:

 

12.

SPECIAL ORDER OF BUSINESS:

 

A.

Cultural Commission Presentation of Upcoming Events in January and February 2018.

CC

 

13.

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.

Acceptance of a donation of three oil portraits of the Bellamy family from the City of Monterey and authorization to transmit a letter of appreciation signed by the Mayor and City Manager.

CC

2.

Approval to set the salary for Plans Examiner candidate Mia Nguyen, at Step 3 of the Salary Range for Schedule A39.

CC

3.

Approval to set the salary of Lateral Police Officer candidates Sean Cawley and Ronald Miranda at Step 2, Salary Grade B-31.

CC

4.

Approval of the new job description for Assistant Building Official and its monthly salary range of approximately $12,686 to $16,417 (85% to 110% of Control Point); and the new job description for Plan Review Manager and its monthly salary range of approximately $12,081 to $15,635 (85% to 110% of Control Point).

CC

5.

Approval of the adjusted As-Needed Salary Schedule to reflect new steps to ensure compliance with the City's January 1, 2018, $13.00 minimum wage.

CC

6.

Approval of the Compromise and Release, as recommended by the City's Workers' Compensation legal counsel, to settle the claim for the injury that David Picchi, Retired Driver/Engineer, sustained cumulatively through March 9, 2011.

CC

7.

Adoption of all of Volume 1 and the City of Santa Clara's portion of Volume 2 of the Santa Clara County Operational Area Hazard Mitigation Plan (Annex L of the City's Emergency Operations Plan).

CC

8.

Approval of the use of City Electric forces for the installation of facilities at North side of Warburton Avenue East of Lawrence Road; and Mountain View-Alviso Road at New Bridge to Sunnyvale.

CC

9.

Approval to execute the Release of Interest relinquishing and releasing all City interest in the Agreements and Covenants Running with the Land (I979 O.R. 87 and I979 O.R. 94) encumbering 2725-2795 Augustine Drive [APN 216-45-040 (2017-2018); SC 18,975] and authorization for recordation.  

CC

10.

Acceptance of the public improvements including new Americans with Disabilities Act (ADA) ramps, traffic signal modifications, and striping work performed by Devcon Construction for Site No. 7130, EP No. 14,300, Tracing No. 11,990-D, [APN Nos. 216-31-078 through 080 (Fiscal Year 2012-13)] located at 3333 Scott Boulevard and authorization for recordation of a Notice of Completion with the County Recorder.

CC

11.

Note and file the Monthly Financial Status and Investment Reports for October 2017 as presented.

CC

12.

Note and file the status report for the fiscal operation of the Santa Clara Golf and Tennis Club for the first quarter ended September 30, 2017.

SOSA

13.

Pass to Print an Ordinance amending Section 2.105.350 ("Surplus Personal Property") of Chapter 2.105 ("Finance Department) of Title 2 ("Administration and Personnel") of "The Code of the City of Santa Clara, California."

CC

14.

Approval of the re-allocation of budgeted funds in the amount of $3,280 and acknowledgment that the Mayor Gillmor will pay any additional incurred costs for travel exceeding the budgeted amount $3,280 to attend the United States Conference for Mayors 86th Winter Meeting on January 24-26, 2018 in Washington, DC in lieu of the United States Conference of Mayors Annual Conference on June 23-26, 2018 in Miami Beach, Florida.

CC

15.

Adoption of a Resolution authorizing the submittal of an application to the Santa Clara Valley Open Space Authority for Measure Q Urban Open Space Grant Program Funding for Bowers Park Habitat Restoration and Pathway Installation and authorization to execute all documents necessary for the grant application, administration, and implementation if funded.

CC

16.

Approval to pay double-time to City employees from the International Association of Firefighters (Unit 1), Police Officers' Association (Unit 2), International Brotherhood of Electrical Workers (Unit 3), Professional Engineers (Unit 4), Employees' Association (Units 5, 7, 8), American Federation of State, County and Municipal Employees (Unit 6) and Public Safety Non-Sworn Employees Association (Unit 10) who work the National Football League (NFL) Football Game at Levi's Stadium on December 24, 2017 so long as the City and the applicable exclusive bargaining representative for the employees has reached agreement with the City regarding such payments on or before December 23, 2017 and approval to pay time and one half to As Needed Per Diem Special Event Police Officers, Per Diem Dispatchers and Traffic Control Special Events employees who work the NFL Football Game at Levi's Stadium on December 24, 2017.

CC

 

B.

Agreements

 

 

1.

Approval of the Agreement for Professional Services with National Plant Services, Inc. for the Sanitary Sewer Main Assessment Phase I project, in an amount not-to-exceed $500,000, for cleaning, assessing and rating approximately 36,100 feet of sanitary sewer mains and authorization to make minor, non-substantive changes to the agreement.

CC

2.

Approval of an Agreement for the Performance of Services with Navigant Consulting Inc., in an amount not-to-exceed $177,820 for Strategic Planning Services for Silicon Valley Power.

CC

3.

Approval of a Hosted Advanced Applications Agreement with Peak Reliability, in an amount not-to-exceed $90,000 for the first year, with a total not-to-exceed amount of $270,000 over the three year term.

CC

4.

Approval of a Call Agreement with Energy & Resource Solutions, Inc., and Call No. 17-2 for Professional Services in an amount not-to-exceed $1,727,722, for management and administration of the Business Energy Efficiency Public Benefit Programs.

CC

5.

Approval of Amendment No. 1 to the Agreement for the Performance of Services with Project for Public Spaces, Inc., to continue progress on the Santa Clara Placemaking series and extend the termination date to December 31, 2018.

CC

6.

Approval of Amendment No. 1 to the Reimbursement Agreement (No. HSR 16-86), for an amount not-to-exceed $150,644, with the California High-Speed Rail Authority for the High-Speed Rail Project, extending the agreement for two years to December 31, 2019 and authorization to make minor, non-substantive modifications to Amendment No. 1.

CC

7.

Approval of Amendment No. 5 to the Agreement for Design Professional Services with LPA, Inc., to provide additional design and engineering services for Reed & Grant Street Sports Park Project in an amount of $170,000.

CC

 

C.

Bills and Claims/Progress Payments

 

 

1.

Approval of Bills and Claims and Progress Payments for the period of November 17 to November 30, 2017.

CC SA SOSA HA

 

D.

Reports for Information and Possible Action

 

 

1.

Revision of Rate Schedule NM (Net Energy Metering Service) to Reflect 2018 Excess Energy Payment Rate Calculation.

CC

2.

Fats, Oils, and Grease (FOG) Program Implementation - Food Service Establishments (FSEs).

CC

3.

Request to review the Area Wide/Outside Agency Committee Assignments.

CC

 

E.

Minutes to Note and File

 

 

1.

Senior Advisory Commission - October 23, 2017.

CC

2.

Board of Library Trustees - November 6, 2017.

CC

 

F.

Routine Written Petitions for Approval

 

 

1.

David Mason on behalf of Santa Clara Marriott Hotel: Request for approval for a Special Permit to allow a temporary 20,000 square foot tent in the Santa Clara Marriott Hotel parking lot located at 2700 Mission College Boulevard (PLN2017-129550).

Staff Recommendation: Approval, subject to conditions.

CC

 

14.

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.]

 

 

15.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

16.

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.)]

 

 

17.

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.

167 Cronin Drive
Consideration of the appeal submitted by David and Barbara Martin to uphold the Planning Commission's denial of the Variance to allow a reduction of the minimum rear yard setback requirement for an unpermitted accessory building from five feet to three feet.
Staff Recommendation: Adoption of a Resolution to overrule the appeal and uphold the Planning Commission's denial (PLN2017-12904).

CC

 

B.

Approval of the Amendment to the Citizen Participation Plan for Federal Entitlement Programs to reflect Fair Housing Requirements.

CC

 

18.

REPORTS FOR ACTION:

 

A.

Approval to execute the Employment Agreement with Brian Doyle for the position of City Attorney effective December 20, 2017, which sets the annual salary at $320,000 and terms and conditions of employment pursuant to the recommendation of the Mayor and City Council Members.

CC

 

B.

Adoption of a Resolution for Rate Schedule SB-1 Standby General Service Demand Metered to improve the applicability of Schedule SB-1 under a wider variety of customer parallel self-generation configurations.

CC

 

C.

Approval of a Professional Services Agreement with SCI Consulting Group to develop cannabis regulations and management program in an amount not-to-exceed $192,000 and approval of an appropriation for the Agreement.

CC

 

19.

BIDS AND PROPOSALS:

 

A.

Approval to reject the bid received for the Northside and Rabello Flow Meter and Force Main Appurtenance Project (CE 14-15-02).

CC

 

B.

Award the Public Works contract for the 1021 El Camino Real Demolition Project (CE 17-18-08) to the lowest responsive and responsible bidder, Balandra Demolition, in the amount of $76,000; authorization to execute change orders up to 10% of the original contract price or $8,000 for a total not-to-exceed amount of $84,000.

CC

 

20.

BOARD AND COMMISSIONS FOR ACTION:

 

A.

Parks & Recreation Commission - Minutes of November 21, 2017: Request to note and file.
*Recommendation to approve the updated Schematic Design Plan for Bowers Park and the Design Plan for the new Bowers Park Playground; and the updated Schematic Design Plan for Machado Park and the Design Plan for the new Machado Park Playground.

CC

 

1.

Staff Recommendation: Approval of the Schematic Design Plans for Bowers Park and Playground Construction Project.

CC

2.

Staff Recommendation: Approval of the Schematic Design Plans for Machado Park and Playground Construction Project.

CC

 

21.

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

 

A.

Reports regarding conference attendance, if any.

 

 

B.

City Council Audit Committee: Recommendation to note and file:
1) The audited City of Santa Clara Comprehensive Annual Financial Report (CAFR) for fiscal year ended June 30, 2017; and
2) The audited City of Santa Clara Electric Utility Enterprise Fund (Silicon Valley Power) Financial Statements for fiscal year ended June 30, 2017.

CC

 

C.

Mayor Gillmor: Approval to appoint Member Watanabe as Vice Mayor and Member Caserta as Chaplain, for the 2018 calendar year.

CC

 

D.

Mayor Gillmor: Approval of the appointment of Member O'Neill as the City representative to the Santa Clara Valley Transportation Authority (VTA) Board for a two-year term, beginning on January 1, 2018.

CC

 

22.

CITY MANAGER/EXECUTIVE DIRECTOR REPORTS:

 

23.

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS:

 

24.

ADJOURNMENT:

 

A.

The next regular scheduled meeting is on Tuesday evening, January 23, 2018, in the City Hall Council Chambers.

CC SA SOSA HA