SUMMARY OF ACTIONS TAKEN BY

CITY OF SANTA CLARA CITY COUNCIL

THIS DOCUMENT IS PREPARED AS A SUMMARY ONLY AND IS NOT INTENDED TO BE AN OFFICIAL RECORD OF CITY COUNCIL ACTIONS. THE OFFICIAL MINUTES OF EACH MEETING ARE AVAILABLE IN THE CLERK’S OFFICE APPROXIMATELY THREE WEEKS FOLLOWING THE MEETING.

 

 

February 10, 2015

 

 

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)
[NO REPORTABLE ACTION]
and
Conference with Real Property Negotiator
Pursuant to Government Code Section 54956.8
Property: APN 104-03-038, 104-03-039, 104-03-040, 104-43-50, 104-55-16 and 104-43-049
City Negotiator: Julio J. Fuentes, City Manager (or designee)
Negotiating Parties: Larry MacNeil and Jim Mercurio, The San Francisco 49ers
Under Negotiation: Parking Rights Agreement
[NO REPORTABLE ACTION]
and
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)
[NO REPORTABLE ACTION]

and

 

Conference with Real Property Negotiator
Pursuant to Government Code Section 54956.8
Property:  APN 104-03-036
Negotiating Party(ies): David Ebrahimi, D.E. Restaurants, Inc. and D.E. II Restaurants, Inc.
City Negotiator:  Julio J. Fuentes, City Manager (or designee)
Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property

 (provisions, price and terms of payment)
[NO REPORTABLE ACTION]
and
Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Section 54956.9(d)(1)
D.E. Restaurant, Inc., et al. v. City of Santa Clara, et al.
Santa Clara County Superior Court Case No. 114CV264438
[NO REPORTABLE ACTION]
and
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
[NO REPORTABLE ACTION]
and
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
[NO REPORTABLE ACTION]

 

 

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:

 

A.

Present:  Council Members Caserta, Gillmor, Kolstad, Marsalli and O'Neill and Vice Mayor Davis.  Absent:  Mayor Matthews (excused).

 

3.

APPROVAL OF MINUTES:

 

A.

January 13, 2015.

 

• ACTION:

Approved, as amended.

 

• ASSIGNMENT:

City Clerk

 

 

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Presentation of 2014 Historic Home Tour Proceeds in the amount of $10,002 by the Historic Preservation Society of Santa Clara and the Old Quad Residents Association for City specific programs.

 

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.)

 

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 of the plans and specifications for the Corporation Yard Water Storage Tank and Pump Station Project (WA 30236); authorization to make minor modifications, if necessary; and authorization to advertise for bids.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Water

2.

Approval of the Compromise and Release to settle the claim for the injury Philip Martin, Fire Captain, sustained cumulatively through February 7, 2013.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Human Resources

3.

Approval of the Stipulations with Request for Award for Workers' Compensation to settle the claim for the injury Charles Collins, Police Officer, sustained cumulatively through September 11, 2012.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Human Resources

4.

Acceptance of a gift to the City of a utility trailer from K&L Supply Co. for use by the Santa Clara Police Department and authorization to transmit a letter of appreciation.

 

• ACTION:

Approved

 

• ASSIGNMENT:

 

 

 

Chief of Police

5.

Approval of the appointments and changes to the updated City Council Committees List for the 2015 calendar year.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Executive Assistant

6.

Acceptance of the public improvements performed by Vance Brown, Inc. for Site 7162, EPs 13705, 13610 and 13378 (APN 316-19-031) located at 5409 Stevens Creek Boulevard and authorization to record a Notice of Completion with the County Recorder.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

7.

Acceptance of the public improvements performed by Sobrato Construction Corporation for Site 7217, EP 13848 (APN 104-41-031, 104-41-032, 104-41-043, 104-42-020 and 104-42-21) located at 2421, 2431, 2441 and 2451 Mission College Boulevard and 4551 Great America Parkway and authorization to record a Notice of Completion with the County Recorder.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

8.

Final adoption of Ordinance No. 1938 which amends Section 8.35.020 (Definitions) of Chapter 8.35 (Smoking and Tobacco Regulations) of Title 8 (Health and Safety) of the City Code to prohibit electronic cigarettes in the same manner as other regulated means of smoking.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Attorney

9.

Acceptance of the work performed by K.J. Woods Construction, Inc. on the Street Corporation Yard Bunker Wash Area Sewer Connection Project and authorization to record a Notice of Completion with the County Recorder (CE 13-14-07).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

10.

Acceptance of the work performed by K.J. Woods Construction, Inc. on the Winchester Boulevard and Newhall Street Storm Drain Replacement Project and authorization to record a Notice of Completion with the County Recorder (CE 13-14-06).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

11.

Acceptance of the work performed by Tennyson Electric, Inc. on the De La Cruz Boulevard, El Camino Real and Scott Boulevard Traffic Signal Interconnect and Coordination Project and authorization to record a Notice of Completion with the County Recorder (CE 12-13-01).

 

• ACTION:

Approved

 

• ASSIGNMENT:

 

Dir. Public Works

12.

Acceptance of the work performed by K.J. Woods Construction, Inc. on the Cabrillo Avenue/Main Street Sewer Replacement [Scott Boulevard to Union Pacific Railroad (U.P.R.R.)] Project and authorization to record a Notice of Completion with the County Recorder (CE 12-13-06).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

13.

Acceptance of the work performed by Cratus, Inc. on the Lafayette Street Union Pacific Railroad (UPRR) Underpass Storm Drain Improvement Project and authorization to record a Notice of Completion with the County Recorder (CE 14-15-05).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

14.

Acceptance of the work performed by K.J. Woods Construction, Inc. on the Monroe Street, Chromite Drive, Machado Avenue and Nobili Avenue Sanitary Sewer Improvements Phase II Project and authorization to record a Notice of Completion with the County Recorder (CE 10-11-01).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

15.

Approval of the Project Manual for Lump Sum Bidding & Construction of the Fairview Substation 60kV Transmission Line Loop-In (Public Works Contract 2403B); direct the solicitation of bids for the project; and delegate authority to award the contract to the lowest responsible and responsive bidder and to approve change orders up to a total aggregate amount of 10% of the original contract price.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

16.

Approval of the Job Description for Traffic Control Special Events (As-Needed) and setting the pay rate at $22.00 per hour.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Human Resources

17.

Adoption of a Resolution increasing the City's parking penalty base fines in compliance with the California Vehicle Code and deterring unlawful parking near Levi's Stadium on event days.

 

• ACTION:

Adopted Resolution No. 15-8201.

 

• ASSIGNMENT:

Chief of Police

18.

Note and file the Departmental Activity Report for the month of November 2014.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

 

 

B.

Agreements

 

1.

Approval of an Agreement for the Performance of Services with Hill Brothers Chemical Company, in an amount not to exceed $220,880 for the first year or a total of $1,025,104.08 for the term of the agreement, for bulk ammonia hydroxide 19% for the Donald Von Raesfeld (DVR) Power Plant.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

2.

Approval of an Agreement for Design Professional Services with LPA, Inc. in the amount of $765,500 for the Youth Soccer Field and Athletic Facility Design and Engineering Services and authorization to execute all necessary documents and to make minor, non-substantive modifications, as necessary.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Parks

3.

Approval to execute Call No. 15-1 for Professional Services with Cooper Compliance Corp. in an amount not to exceed $9,860 to provide consulting services for the 2014 Self Certification of the North American Reliability Corporation standards.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

 

C.

Reports for Information and Possible Action

 

D.

Minutes to Note and File

 

1.

Historical and Landmarks Commission - December 4, 2014.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

2.

Senior Advisory Commission - September 22, 2014.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

3.

Senior Advisory Commission - October 27, 2014.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

4.

Historical and Landmarks Commission - November 6, 2014.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

5.

Civil Service Commission - January 12, 2015.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

 

 

 

City Clerk

6.

Planning Commission - December 10, 2014.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

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.

1075 Pomeroy Avenue:  Adoption of Resolutions denying a Rezone from Low Density Multiple-Family Residential (R3-18D) to Planned Development (PD) and denying a Tentative Subdivision Map for five residential lots [PLN2013-10129].

 

• ACTION:

Adopted Resolution No. 15-8202 and Resolution No. 15-8203.

 

• ASSIGNMENT:

Dir. Planning

 

9.

BIDS AND PROPOSALS:

 

A.

Award of Contract for the Supervisory Control and Data Acquisition (SCADA) Support Building Project (WA 30259) to Guerra Construction Group in the amount of $1,117,400; authorization to execute change orders up to 10% of the original contract price or $112,000; and approval of an additional appropriation and transfer of $600,000 to cover the cost.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Water

 

10.

BOARDS AND COMMISSIONS FOR ACTION:

 

11.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

12.

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.

 

A.

Steve Hazel:  General comments of concern.

 

 

B.

Kirk Vartan:  Comments regarding the process for major projects in Santa Clara and potential stakeholder community involvement for the Bay Area Research and Extension Center (BAREC) development.

 

13.

REPORTS FOR COUNCIL ACTION:

 

A.

Acceptance of estimated revenue and approval of appropriations of the Innovation Grant from Pacific Library Partnership in the amount of $10,000 for fiscal year 2014-15 for the Library's Central Studio - An Artist's Space project. 

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Librarian

 

B.

Adoption of a Resolution adding the property at 746 Madison Street to the City's List of Architecturally and Historically Significant Properties (PLN2014-10712).

 

• ACTION:

Adopted Resolution No. 15-8204

 

• ASSIGNMENT:

Dir. Planning

 

C.

Approval of appropriations in the amount of $5.0 million to establish a new Capital Improvement Project (CIP) for the El Camino Real Pavement Rehabilitation Project to be funded by transfers from unallocated Gas Tax and various street improvement projects.

 

• ACTION:

Continued

 

• ASSIGNMENT:

Dir. Public Works

 

14.

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.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

 

15.

REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

 

A.

Reports regarding conference attendance, if any.

 

B.

Council Member O'Neill:  Reported on her recent attendance at the Joint Venture Silicon Valley State of the Valley Conference.

 

16.

CITY MANAGER REPORTS:

 

A.

Reported that the final adoption of the Ordinance amending the Parkland Dedication requirement will be agendized for the February 24, 2015 City Council meeting at 7:00 pm and that a Study Session for the Irvine Project at 575 Benton Street will be held at 5:00 pm on the same day.

 

 

 

 

 

17.

CLOSED SESSION MATTERS:

 

A.

City Attorney Reports:

 

B.

Set February 24, 2015 at 6:00 pm for a Closed Session for 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) and 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.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Attorney

 

18.

ADJOURNMENT:

 

A.

In Memory of Judson Chu (longtime resident  and member of the Sister Cities Association for over 20 years) to Tuesday evening, February 24, 2015, at 6:00 pm for a Closed Session in the Council Conference Room and 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.