Rounded Rectangle: Council and Authorities 
Summary of Actions

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• SUMMARY OF ACTIONS •

 

This document is prepared as a Summary only and is not intended to be an official record of Council and Authority Actions.

The official Minutes of the meeting are available in the City Clerk’s Office approximately four weeks following the meeting.

 

CITY COUNCIL

STADIUM AUTHORITY

SPORTS AND OPEN SPACE AUTHORITY

HOUSING AUTHORITY

PUBLIC FACILITIES FINANCING CORPORATION

 

February 07, 2017

 

 

5:00 PM JOINT CITY COUNCIL/

YOUTH COMMISSION 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)

 

1.

5:00 PM JOINT CITY COUNCIL/YOUTH COMMISSION MEETING

 

A.

Confirmation of Quorum

CC

 

2.

MONTHLY INFORMATION JOINT CITY COUNCIL/YOUTH COMMISSION MEETING

 

A.

The Youth Commission will provide the City Council with an update on current activities and potential future projects.

CC

 

3.

PUBLIC PRESENTATIONS:

 

4.

ADJOURNMENT OF JOINT CITY COUNCIL/YOUTH COMMISSION

 

5.

6:00 PM CLOSED SESSION CALL TO ORDER:

 

A.

Confirmation of Quorum.

CC SA SOSA HA

 

6.

ANNOUNCEMENT OF CLOSED SESSION:

 

A.

Conference with Labor Negotiators pursuant to Government Code Section 54957.6; City representative: Rajeev Batra, Interim 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

 

·         ACTION:

No Reportable Action

 

 

·         ASSIGNMENT:

City Attorney

 

 

B.

Conference with Legal Counsel-Existing Litigation pursuant to Government Code Section 54956.9(d)(1) Mr. Ticket, Inc., et al. v. Forty Niners Football Company LLC. et al., San Francisco Superior Court Case No. CGC-17-556740.

SA

 

·         ACTION:

No Reportable Action

 

 

·         ASSIGNMENT:

Stadium Authority General Counsel

 

 

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

 

·         ACTION:

No Reportable Action

 

 

·         ASSIGNMENT:

City Attorney

 

 

 

Stadium Authority General Counsel

 

 

 

Authority General Counsel

 

 

7.

PUBLIC COMMENT REGARDING CLOSED SESSION:

 

8.

RECESS TO CLOSED SESSION (Council Conference Room):

 

9.

7:00 PM REGULAR MEETING CALL TO ORDER:

 

10.

PLEDGE OF ALLEGIANCE AND STATEMENT OF VALUES:

 

11.

ROLL CALL:

 

A.

Present: Members Caserta, Davis, Kolstad, Mahan, O'Neill and Mayor/Chairperson Gillmor.  Absent: Member Watanabe (excused).

 

 

12.

APPROVAL OF MINUTES:

 

A.

January 9, 2017 - Special Meeting.

CC SA

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

 

 

Stadium Authority Secretary

 

 

B.

January 10, 2017.

CC SA SOSA HA

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

 

 

Stadium Authority Secretary

 

 

 

Authority Secretary

 

 

 

Clerk

 

 

13.

CONTINUANCE/EXCEPTIONS:

 

14.

SPECIAL ORDER OF BUSINESS:

 

A.

Recognition of the Santa Clara Lions Division I - Varsity Football Team for receiving the 2016 Pop Warner Super Bowl Sportsmanship Award.

CC

 

B.

Recognition of the Santa Clara High School and Middle School Students for participation in County, State, National and International Science Competitions.

CC

 

C.

Introduction by representatives of the Santa Clara Valley Water District (SCVWD) and the resources that SCVWD offers to the Council and community.

CC

 

D.

Presentation by Rod Diridon, Sr., Chair of the County National Heritage Area Task Force on the Santa Clara County National Heritage Area Project.

CC

 

·         ACTION:

Referred to the City Manager to return on February 21, 2017 with a Resolution for Council's consideration.

 

 

·         ASSIGNMENT:

City Manager

 

 

E.

Promotion of the opportunity to serve on the Civil Service Commission.

CC

 

F.

Information Update: Santa Clara Valley Transportation Authority (VTA) Draft Next Network Plan.

CC

 

15.

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.

Note and file the Departmental Activity Report for the month of December 2016.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

2.

Approval of the use of City Electric forces for the installation of facilities at 3700 El Camino Real.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Electric

 

3.

Acceptance of the 2015 Internal Revenue Service Form 990 (Return of Organization Exempt from Income Tax) to comply with Internal Revenue Code 501(c), and the similar State of California Form 199.

PFFC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. of Finance (PFFC)

 

4.

Adoption of a Resolution adopting the Public Agencies Post-Employment Benefits Trust administered by Public Agency Retirement Services (PARS) and U.S. Bank (as trustee); appointing the City Manager as the City's Plan Administrator; and authorizing the Plan Administrator to execute an Agreement for Administrative Services and other documents necessary to implement and administer the Program and to move assets currently in the Public Agencies Post-Retirement Health Care Plan Trust to  the Other Post-Employment Benefits (OPEB) Account established in the name of the City under the Trust.

CC

 

·         ACTION:

Adopted Resolution No. 17-8412.

 

 

·         ASSIGNMENT:

Dir. Finance

 

5.

Approval of the revised job description for Cemetery Operations Manager.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Human Resources

 

6.

Approval of the request to set the salary of Police Records Specialist II candidate, Amy LaFranboise at Step 2, Grade H-22.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Chief of Police

 

7.

Approval of the Compromise and Release, as recommended by the City's Workers' Compensation legal counsel, to settle the claims for the injuries that Kerry Knight, Retired Police Officer, sustained on June 9, 1997 and April 23, 2013.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Human Resources

 

8.

Approval of the Stipulations with Request for Award, as recommended by the City's Workers' Compensation legal counsel, to settle the claims for the injuries Patrick Morin, Materials Testing Technician, sustained on September 28, 2010, November 8, 2005 and cumulatively through July 26, 2014.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Human Resources

 

9.

Approval of the Stipulations with Request for Award, as recommended by the City's Workers' Compensation legal counsel, to settle the claims for the injuries Gilbert Leon, Retired Grounds Maintenance Worker 1, sustained on August 4, 2011, November 15, 2011 and cumulatively through November 19, 2015.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Human Resources

 

 

B.

Agreements

 

 

1.

Approval of the Cooperative Agreement with the State of California for State Highway Operations and Protection Program (SHOPP) funds contribution for the El Camino Real Crosswalks Project.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Public Works

 

2.

Approval of the Monitoring Well Encroachment Agreement with West Environmental Services and Technology, Inc. to construct and maintain a Monitoring Well within the public right-of-way along Newhall Street at 28 Washington Street (APN 274-29-029 and 031; SC 18,898).

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Public Works

 

3.

Approval of Amendment No. 1 to the Legal Services Agreement with Burke, Williams & Sorensen LLP, increasing the not to exceed amount by $50,000 for continuation of legal representation in the litigation of D.E. Restaurants, Inc. v. City of Santa Clara, et al.

CC SOSA

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

City Attorney

 

 

 

Authority General Counsel

 

 

C.

Bills and Claims/Progress Payments

 

 

1.

Approval of Bills and Claims and Progress Payments.

CC SA SOSA HA

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Finance

 

 

D.

Reports for Information and Possible Action

 

 

1.

One-Year review of Airbnb Transient Occupancy Tax.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

2.

Santa Clara Unified School District Extended Day/Latchkey Program - Fiscal Year 2016-17 First and Second Quarter report.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

3.

Healthier Kids Foundation - Fiscal Year 2016-17 Second Quarter Report.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

 

E.

Minutes to Note and File

 

 

1.

Historical and Landmarks Commission - December 1, 2016.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

2.

Youth Commission - December 13, 2016.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

3.

Planning Commission - December 14, 2016.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

4.

Planning Commission Special Meeting - January 4, 2017.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

5.

Ad Hoc Stadium Audit Committee - December 19, 2016.

SA

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

Secretary

 

6.

City/School Liaison Committee - January 11, 2017.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

 

F.

Routine Written Petitions for Approval

 

 

16.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

17.

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.)]

 

 

18.

REPORTS FOR ACTION:

 

A.

Provide direction to the City Attorney to prepare a Worker Retention Ordinance and the City Manager to conduct community outreach on the proposed ordinance for pass to print consideration by the City Council on March 7, 2017.

CC

 

·         ACTION:

Referred to the City Attorney to draft an Ordinance including industrial uses, clarifying the R & D uses, including the City but excluding other government agencies, including the ten employee threshold for food services and the one  employee threshold for security and janitor services, the implementation community outreach efforts and to return on March 21, 2017 with a pass to print ordinance.

 

 

·         ASSIGNMENT:

Assistant City Manager

 

 

 

City Attorney

 

 

B.

Adoption of a Resolution approving a daily 1-hour time limited parking from 12:00 AM to 6:00 AM on both sides of El Capitan Avenue, Sheraton Drive, Staats Way and Alberta Court.

CC

 

·         ACTION:

Referred to the City Attorney for re-draft of the resolution, to include waiving of the parking fees for the remainder of FY16/17, an ongoing fee of $20 per household for up to four parking permits, identifying a one-hour parking zone, and acknowledgment of parking, vandalism and other neighborhood nuisances, and referred the overall topic of residential parking permit fees to the City Manager to return prior to the adoption of the next fiscal year budget.

 

 

·         ASSIGNMENT:

City Attorney

 

 

C.

Approval of the Scope of Work for Santa Clara Placemaking for the development of a citywide vision on what's possible for public open spaces, street and projects throughout Santa Clara; developing strategies for linkages between downtown, Valley Fair and City Place and providing education on the potential of public spaces throughout Santa Clara by organizing a workshop; interviews; and delivery of a summary memo (Task 1); approval of the Scope of Work for the Bay Area Research and Extension Center (BAREC) Placemaking for the development of a project vision on public open spaces; integration of Santa Clara's commitment to sustainability, urban density and alternative transportation into the public space vision; educating and collaborating with CORE on placemaking strategies; and persuade private, government and community stakeholders of the value of investing in public spaces by conducting a visioning session, interviews; and a summary memo (Task 1) and providing project design review recommendations (Task 2); and approval of an Agreement with Project for Public Spaces in an amount not to exceed $120,000 to be funded from the Building Reserve Fund for professional services associated with visioning and community outreach for citywide placemaking and placemaking at the BAREC project site (90 North Winchester Boulevard).  

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Community Development

 

 

D.

Acceptance of the 2016 Climate Action Plan annual report.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Community Development

 

 

19.

STADIUM AUTHORITY ITEMS:

 

A.

Approval of Amendment No. 1 to the Legal Services Agreement with Hanson Bridgett LLP, increasing the not to exceed amount by $500,000 for continuation of legal representation in the Forty Niners SC Stadium Company LLC v. Santa Clara Stadium Authority Arbitration, and approval of an appropriation of $500,000 from the Santa Clara Stadium Authority Fund Balance to the Santa Clara Stadium Authority Other Expenditures account.

CC SA

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

City Attorney

 

 

 

Stadium Authority General Counsel

 

 

B.

Approval of an appropriation not to exceed $99,840 from the Santa Clara Stadium Authority Fund Balance to the Santa Clara Stadium Authority Other Expenditures account and approval of the Agreement for Professional Services with Wilson, Ihrig & Associates to conduct noise monitoring of Levi's Stadium and the 49ers practice facility.

CC SA

 

·         ACTION:

Approved and referred to the Executive Director for clarification on the payment

 

 

·         ASSIGNMENT:

Dir. Community Development

 

 

 

Executive Director

 

 

20.

BOARD AND COMMISSIONS FOR ACTION:

 

A.

Cultural Commission - Minutes of November 7, 2016: Request to note and file.
*Recommendation to release annual Cultural Commission funding of $46,132 as discussed at the September 27, 2016 joint meeting.

CC

 

·         ACTION:

Referred the $46,132 funding request to the Fiscal Year 2017-2018 budget hearings and noted and filed the Minutes.

 

 

·         ASSIGNMENT:

Executive Assistant to the City Manager

 

 

 

City Clerk

 

 

21.

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.]

 

 

A.

Marian Crompton and Rick Mauck announced the upcoming Showtime 2017, a fundraiser for the Santa Clara Senior Center Health & Wellness Program.  Hosam Haggag and Kirk Vartan expressed general comments of concern. Alex Nguyen expressed general comments of concern related to affordable municipal internet access.

 

 

22.

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

 

A.

Reports regarding conference attendance, if any.

CC SA SOSA HA

 

         1.

Member Kolstad addressed misconceptions, raised by the audience at the recent community meeting in the Council Chambers, as to why Mayor and Council members were not present for the proposed Sobrato homeless housing project on Monroe Street and San Tomas Expressway.

Member O’Neill reported on the Director of Electric Utility, staff members and her recent attendance at the Annual Legislative Day and their meeting with members of the Governor’s Office and Energy Commission and also a meeting with Senator Beall, Senator Wieckowski’s staff and Assembly Member Chu relating to energy issues and the Climate Action Plan.

 

 

23.

CITY MANAGER/EXECUTIVE DIRECTOR REPORTS:

 

A.

Assistant City Manager Ruth Shikada provided a clarification on the State of California Cooperative Agreement for the El Camino Real Crosswalks Project approved earlier in the meeting.

 

 

24.

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS:

 

25.

ADJOURNMENT:

 

A.

In Memory of John Bringuel (lifetime Santa Clara resident, Navy Veteran, retired Water Superintendent, Water and Sewer Department).  The next regular scheduled meeting is on Tuesday evening, February 21, 2017, in the City Hall Council Chambers.

CC SA SOSA HA