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.

 

November 12, 2013

 

5:30 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
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
Conference with Legal Counsel-Existing Litigation
Pursuant to Government Code Section 54956.9(a)
Residents of Santa Clara v. City of Santa Clara, et al.,
Santa Clara County Superior Court Case No. 1-13-CV-254623
and
Conference with Legal Counsel-Existing Litigation
Pursuant to Government Code Section 54956.9(a)
Velasquez v. City of Santa Clara, et al.,
United States District Court, Northern District,
San Jose Division Case No. CV11-03588 PSG
and
Conference with Real Property Negotiator
 Pursuant to Government Code Section 54956.8
Property: APN 016-090-037
Negotiating Party(ies): Tim Beals, County of Sierra
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 097-01-039; 097-01-073; 104-01-102
and 104-03-036
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 Legal Counsel-Anticipated Litigation
Pursuant to Government Code Section 54956.9(b)
Potential exposure to litigation: 1 potential case
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-Anticipated Litigation
Pursuant to Government Code Section 54956.9(a)
Potential initiation to 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.

October 8, 2013.

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Presentation of funds to local charities from the 2013 Santa Clara Art & Wine Festival proceeds.

 

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.

Approval to proceed with a Youth Sports Complex Feasibility Study, including community input, for an amount not to exceed $25,000; adopt the draft Guiding Principles; ratify the draft Stakeholder List and select a working group from the list; and direct the City Manager to have the consultant evaluate the options and recommend a strategy for the inclusion or exclusion of Ulistac Natural Area in the Feasibility Study.

 

1.

Correspondance received regarding the Ulistac Natural Area.

 

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.

Adoption of a Resolution to approve the Water Supply Assessment (Supplemental) for the proposed development at 3333 Scott Boulevard.

2.

Appointment of Admas Zewdie, Pete MacKay and Craig Larsen to the Bicycle Advisory Committee (BAC) for the term ending December 31, 2016.

3.

Adoption of a Resolution ordering the vacation of an electric easement at 2525 El Camino Real to the Housing Authority and authorization to record the Resolution with the County Recorder (APN 216-01-052; S.C. 18,645).

4.

Approval for the use of City Electric forces for the installation of facilities at 2950 Walsh Avenue and 555 Reed Street.

5.

Adoption of Ordinance No. 1913 which amends Section 10.05.560 (Limited Parking Areas) of the City Code to remove the specific fine amount from the City Code. 

 

B.

Agreements

 

1.

Approval of Amendment No. 1 to the Agreement for Design Professional Services with Schaaf & Wheeler, Consulting Civil Engineers to extend the service through December 31, 2014.

2.

Approval of a Memorandum of Understanding (MOU) with Unit #1 - International Association of Firefighters, IAFF, Local 1171 for the term of December 23, 2012 through December 20, 2014.

3.

Approval of a Memorandum of Understanding (MOU) with Unit #9B - Unclassified Fire Management Employees for the term of December 23, 2012 through December 20, 2014.

4.

Approval of an Agreement for the Performance of Services with Univar USA, Inc., in an amount not to exceed $100,000 to provide bulk chemicals for the Donald Von Raesfeld (DVR) Power Plant.

5.

Approval of Amendment No. 2 to the Agreement for Services with GHD, Inc. and Service Order No. 6, in an amount not to exceed $82,000, for a total not to exceed $472,000, to provide various specialized engineering services.

6.

Approval of a Change Order No. 1 to the Public Works Contract with Commercial Pump & Mechanical Inc., for the Destruction of Wells No. 1-02, 19 and 33, in the amount of $99,107, to seal the groundwater leakage at Well 19 and increase funding for the Destruction of Wells No. 1-02, 19 and 33 Project by $99,107 (WA 30147).

7.

Approval of Call No. 13-1 for Professional Services with Mike Keller Consulting LLC, in an amount not to exceed $96,000, for engineering project management services associated with the review of engineering proposals and technical specifications for a Phase Shifting Transformer.

8.

Approval of an Agreement for Performance of Services with Syserco, Inc., in an amount not to exceed $95,750 for Fiscal Year 2013-14 for replacement of HVAC software controllers to correct simultaneous heating, cooling and excessive air flow at Central Park Library.

 

C.

Reports for Information and Possible Action

 

1.

Publication of Notice of Availability of Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) Entitlement Funds and approval of the Fiscal Year 2014-15 application form. 

 

D.

Minutes to Note and File

 

1.

Youth Commission - September 10, 2013.

2.

Board of Library Trustees - October 7, 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.

Obtain citizens' views of the housing and community needs for the Fiscal Year 2014-15 Annual Plan for the use of of federal Community Development Block Grant (CDBG) and Home Investment Partnerships Act Program (HOME) entitlement funds and note and file any public testimony received.

 

 

9.

BOARDS AND COMMISSIONS FOR ACTION:

 

A.

Board of Library Trustees - Minutes of August 5, 2013: request to note and file.
*Recommendation: Approval of revised Policy for Use of Library Community Room to change room name from Cedar Room to Margie Edinger Room.

 

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 to transfer $12,345,861 to the Working Capital (Emergency) Reserve and $3,000,000 to the Capital Projects Reserve from the General Fund Operating Cash, effective June 30, 2013.

 

B.

City Council/Successor Agency approval to ratify the Installment Payment Plan Agreement with the State of California Department of Finance (DOF) related to the Low and Moderate Income Housing Fund Due Diligence Review and that the Council appropriate the City's 10.17% share of the Redevelopment Property Tax Trust Fund (RPTTF) or $7,563,101 to provide the necessary General Fund expenditure authority to make subsequent payments.

 

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 November 19, 2013 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 Firefighers 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.

 

17.

ADJOURNMENT:

 

A.

To Tuesday evening, November 19, 2013 at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.