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.

 

 

September 29, 2015

 

 

Council Member Marsalli attended remotely from

281 Fontana Drive, Santa Clara, CA 95051


6:00 pm
Closed Session
Council Conference Room
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)
[NO REPORTABLE ACTION]
and
Conference with Real Property Negotiators
Pursuant to Government Code Section 54956.8
Property:  1601 Civic Center Drive
City Negotiator:  Julio J. Fuentes, City Manager (or designee)
Negotiating Party:  Raymond, Evelyn & Curtis Flaig
Under Negotiation:  Purchase/Sale/Exchange/Lease of Real Property
(provisions, price and terms of payment)
[NO REPORTABLE ACTION]
and
Conference with Real Property Negotiators
Pursuant to Government Code Section 54956.8
Property:  APN 230-08-078
City Negotiator:  Julio J. Fuentes, City Manager (or designee)
Negotiating Party:  Robert Mendelsohn, Republic Metropolitan
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)
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, Davis, Gillmor, Kolstad and O'Neill and Mayor Matthews.  Absent:  Council Member Marsalli (excused)

 

3.

CONTINUANCE/EXCEPTIONS:

 

4.

SPECIAL ORDER OF BUSINESS:

 

A.

Appointment of Nithyashri Baskaran to the Youth Commission for the remainder of the 2015-16 term.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Parks

 

5.

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.

Consideration of the selection of a developer for the proposed affordable senior housing project at the former Bay Area Research and Extension Center (BAREC) site located at 90 North Winchester Boulevard from the three top Council approved proposals:  ROEM Corporation, Core Companies and USA Properties Fund and authorization to reach out to the State of California, General Services Department for an extension of the deadline to commence development and to negotiate the obligation terms as identified in the Purchase and Sales Agreement; to begin to negotiate terms and conditions of a Development Agreement and any other related documents with the selected developer and to initiate a review and update to the California Environmental Quality Act (CEQA) analysis and entitlement process, if necessary.

 

• ACTION:

Approved the selection of Core Companies and staff recommendation with an additional condition of a project labor agreement.

 

• ASSIGNMENT:

City Manager

 

C.

Report regarding cost recovery exception for non-profit group use of meeting rooms and request for Council direction to further educate and promote the exception already available.

• ACTION:

Approved staff recommendation to further educate and promote exceptions already available to non-profit groups and approved amending the charge for meeting rooms at the Senior Center from $63 to $25 per business meeting for Santa Clara based non-profit groups (51%>), if available during regular hours, for a maximum of three hours.

• ASSIGNMENT:

Dir. Parks

 

6.

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 Project Manual for Unit Price Bidding & Construction of the Electric Utility Overhead Facilities Master Construction Agreement and direction to solicit bids for the Project according to the standard procedures (Public Works Contract 2006D).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

2.

Acceptance of the donation from Gregory Bauer in the amount of $216 to help with the purchase of dog waste bags for use at Parkway Park and authorization to transmit a letter of appreciation. 

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Parks

3.

Approval of the Final Map for Tract 10314, subdividing a single parcel into 7 lots for the Planned Development (PD) of 5 single family homes, a lot as a private street, and a lot to be dedicated to the City on an approximately 0.719 acre parcel located at 990 Wren Avenue by Larome Development Inc. and authorize the recordation of the Final Map.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

4.

Acceptance of the Monthly Financial Status Reports for July 2015.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

5.

Approval of the use of City Electric forces for the installation of facilities at 750 Walsh Avenue and 335 Brokaw Road.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

6.

Approval of the appropriation and transfers for Fiscal Year 2014-15 for Funds, Departments and Capital Projects.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

 

B.

Agreements

 

1.

Approval of the Memorandum of Understanding (MOU) with the Police Officers' Association (POA) Unit #2, for the term of December 21, 2014 through December 17, 2016.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Human Resources

2.

Approval of the Memorandum of Understanding (MOU) with the American Federation of State County Municipal Employees (AFSCME) Unit #6, for the term of December 21, 2014 through December 17, 2016.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Human Resources

3.

Approval of Amendment No. 2 to the Legal Services Agreement with Liebert Cassidy Whitmore to increase the not to exceed amount by $150,000 for legal services related to the James, et al. v. City of Santa Clara, et al. litigation matter.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Attorney

4.

Approval of Amendment No. 1 to the Legal Services Agreement with Burke, Williams & Sorensen LLP, for $500,000 for legal representation related to the development of City Place, in and around the present Santa Clara Golf and Tennis Club, as well as advising the City on regulatory issues associated with the proposed developments including California Environmental Quality Act (CEQA).

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Attorney

5.

Approval of Amendment No. 1 to the Agreement for the Performance of Services with RTKL Associates Inc., increasing the not-to-exceed cost by $181, 683 to a revised total of $794,797, to prepare the Lawrence Station Area Plan and Environmental Impact Report (EIR) and approval of the appropriation and transfer of an additional $196,683 to cover the cost.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

6.

Approval of the Electric Service Agreement with Oracle America, Inc. for the purchase of electricity on a long-term basis in exchange for certain discounted rates. 

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

7.

Approval of the Electric Service Agreement with Xeres Ventures, LLC for the purchase of electricity on a long-term basis in exchange for certain discounted rates. 

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

8.

Approval of an Agreement for the Performance of Services with Creative Security Company, Inc. in an amount not to exceed $300,000 for background investigation services for Per Diem Special Events Police Officers for the period of September 30, 2015 through September 30, 2018.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Chief of Police

9.

Approval of Call No. 15-1 for Professional Services with Efficiency Services Group, LLC, in an amount not to exceed $445,814, for Multi-Family Common Area & Small Business Customers Direct Install and Snapshot Audit Third Party Energy Efficiency Program.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

10.

Approval of a Pole Contact Agreement with opticAccess, LLC., to expand capacity for commercial telecom services within the City.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

11.

Approval of an Agreement for the Performance of Services with ABB Inc., in an amount not to exceed $50,652 for the first year, with a total not to exceed $151,956 over the three year term of the Agreement, for maintenance and support for the Donald Von Raesfeld (DVR) Power Plant generation digital control system.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

12.

Approval of the Agreement for Performance of Services with Mike Davis Landscape Services for landscape maintenance services at multiple sites throughout the City in an amount not to exceed $160,836 over the three-year term, subject to budget appropriations. 

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

13.

Approval of an Agreement for the Performance of Services with Articulate Solutions, in an amount not to exceed $145,000, for marketing and advertising services.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

 

C.

Reports for Information and Possible Action

 

D.

Minutes to Note and File

 

1.

Historical and Landmarks Commission - August 6, 2015.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

2.

Planning Commission - August 12, 2015.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

3.

Senior Advisory Commission - June 22, 2015.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

4.

Senior Advisory Commission - July 27, 2015.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

E.

Routine Written Petitions for Approval

 

1.

Santa Clara Mission Cemetery:  Request for approval of a Special Permit to allow a temporary modular building for two years, through September 30, 2017, at the Santa Clara Mission Cemetery located at 490 Lincoln Street.  Staff Recommendation:  Approval, subject to conditions (PLN2015-11250).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

 

7.

BOARDS AND COMMISSIONS FOR ACTION:

 

A.

Civil Service Commission - Minutes of September 14, 2015:  Request to note and file.

*  Recommendation to approve modifications of the job specifications for Accounting Technician I, Associate Engineer (Civil), Senior Civil Engineer, Senior Engineering Aide, Assistant Planner I, Plans Examiner, Senior Plans Examiner and Code Enforcement Technician and new job specification for Assistant Engineer (Civil).

 

• ACTION:

Approved the Commission's recommendations and noted and filed the Minutes.

 

• ASSIGNMENT:

Dir. Human Resources

 

8.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

9.

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.

Rick Mauck:  Concerns regarding proposed El Camino Real Bus Rapid Transit  (BRT) project.

 

10.

REPORTS FOR COUNCIL ACTION:

 

A.

Authorization to review and execute a voluntary tax collection agreement with Airbnb, Inc. for the collection of the City's transient occupancy tax on short term rentals, subject to City Attorney approval.

 

• ACTION:

Approved and referred to the City Manager to return in 1 year with a progress report.

 

• ASSIGNMENT:

City Manager

 

B.

Pass to print an Ordinance prohibiting certain activities within a protected area in connection with Super Bowl 50 and its related activities in the City.

 

• ACTION:

Passed to print Ordinance No. 1946.

 

• ASSIGNMENT:

City Attorney

 

11.

BILLS AND CLAIMS/PROGRESS PAYMENTS:

 

A.

Approval of Bills and Claims and Progress Payments.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

 

12.

REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

 

A.

Reports regarding conference attendance, if any.

 

B.

Governance Committee:  Recommendation for the adoption of the updated, consolidated agenda format.

 

• ACTION:

Approved the Committee's recommendation with the addition of language in masthead clarifying that the entities meeting separately but concurrently and adding a heading for Stadium Authority items.

 

• ASSIGNMENT:

City Clerk

 

C.

Council Member O’Neill:  Attended recent meeting promoting smoke-free homes in Santa Clara County.

 

D.

Mayor Matthews:  Attended the ribbon cutting for the Postal Annex at the Santa Clara Town Centre and greeted the Prime Minister of India, Narendra Modi, when his plane arrived at the San Jose International Airport .  Also provided a handout on his attendance at additional recent community events.

 

13.

CITY MANAGER REPORTS:

 

14.

CLOSED SESSION MATTERS:

 

A.

City Attorney Reports:

 

B.

Set October 13, 2015 at 6:00 pm in the Council Conference Room 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 a 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

 

15.

ADJOURNMENT:

 

A.

To Tuesday evening, October 13, 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.