MINUTES OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA
FOR MEETING HELD ON TUESDAY EVENING, DECEMBER 14, 2010

 

 

     The City Council of the City of Santa Clara met at 6:00 pm, on the above-mentioned date, for a Closed Session in the Council Conference Room for a Conference with Agency Labor Negotiator pursuant to Government Code Section 54957.6; City Negotiator: Jennifer Sparacino, City Manager (or her designee); Employee Organization(s): Unit #1 - Santa Clara Firefighters Association, IAFF, Local 1171; Unit #2 - Santa Clara Police Officer's Association; Unit #3 - International Brotherhood of Electrical Workers, IBEW, Local 1245; Unit #4 - City of Santa Clara Professional Engineers; Units #5, 7 and 8 - City of Santa Clara Employees Association; Unit #6 - American Federation of State, County and Municipal Employees, AFSCME, Local 101; Unit #9 - Miscellaneous Unclassified Management Employees; Unit #9A - Unclassified Police Management Employees; Unit #9B - Unclassified Fire Management Employees; and Unit #10 - Public Safety Non-Sworn Employees Association, PSNSEA and Personnel Matters pursuant to Government Code Section 54957 Public Employee Employment – City Attorney.

 

     The Council then met at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers. The meeting was opened with the recitation of the Pledge of Allegiance and the reading of an Invocation Prayer.

 

 

     Present:  Council Members Dominic J. Caserta, Will Kennedy, Joe Kornder, Jamie L. Matthews, Jamie McLeod and Kevin Moore and  Mayor Patricia M. Mahan.

 

     Staff present: City Manager, Assistant City Manager, Director of Planning and Inspection, Director of Public Works/City Engineer, Interim City Attorney and City Clerk/Auditor.

 

 

 

      MOTION was made by Kornder, seconded and unanimously carried with Caserta abstaining (not present at the meeting), that the Minutes for the meeting held on November 16, 2010 be adopted as written.

 

 

 

     As a Special Order of Business, the Council proceeded with the presentation of the Governor’s Historic Preservation Award for 2010 to Lorie Garcia, City of Santa Clara Honorary Historian. The City Manager reviewed her memo (12/07/10) and gave an electronic presentation honoring Ms. Garcia, who was nominated by the Mayor and City Council for the 2010 Governor’s Historic Preservation Award for her significant contribution throughout the years for preserving and recording the City of Santa Clara’s community history. This award is the only official preservation award presented by the State of California to worthy recipients in recognition of outstanding achievements in the field of historic preservation. Ms. Garcia is the first individual to receive the award since in the past, the award was made to an organization or program. Mayor Mahan, on behalf of the Council, made comments in appreciation of Ms. Garcia’s work and congratulated her. Photographs were taken.

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (11/22/10), the Council adopt Resolution No. 10-7812 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, ESTABLISHING CERTAIN PARKING REGULATIONS ON MADISON STREET” which establishes a No Stopping or Parking at Any Time Zone on the west side of Madison Street from a point 98 feet south of the south curb of Fremont Street to a point 103 feet south of the south curb of Fremont Street and from a point 117 feet south of the south curb of Fremont Street to a point 119 feet south of the south curb of Fremont Street. 

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried, that, per the Human Resources Division Manager’s (11/17/10), the Council approve these Stipulations with Request to Award, based on the recommendation of the claims administrator, Cambridge Integrated Services, to settle the claim for the injury Kris Hurst, retired Driver/Engineer, sustained on February 24, 2008.

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried, that, per the City Manager’s memo (12/07/10), the Council note and file the Departmental Activity Report for the month of October 2010.

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried, that, per the Director of Finance’s memo (12/08/10), the Council accept the audited City of Santa Clara Comprehensive Annual Financial Report (CAFR) for Fiscal Year ended June 30, 2010 as recommended by the City Council Audit Committee and accept the audited City of Santa Clara Electric Utility Enterprise Fund (Silicon Valley Power) Financial Statements and authorize the City Manager to make non-substantive changes as needed.


 

 

     MOTION was made by Caserta, seconded and unanimously carried, that, per the Interim City Attorney’s memo (12/09/10), the Council adopt Ordinance No. 1869 entitled, “AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA, APPROVING AND ADDING THE PROPOSED AMENDMENT NO. 22 TO THE BAYSHORE NORTH REDEVELOPMENT AREA PLAN” which approves and adds the proposed Amendment No. 22 to the Bayshore North Redevelopment Area Plan.

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried, that, per the Interim City Attorney’s memo (12/09/10), the Council adopt Ordinance No. 1870 entitled, “AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA, APPROVING AND ADDING THE PROPOSED AMENDMENT NO. 3 TO THE UNIVERSITY PROJECT AREA REDEVELOPMENT PLAN” which approves and adds the proposed Amendment No. 3 to the University Project Area Redevelopment Plan.

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried, that, per the Fire Chief’s memo (12/06/10), the Council approve, and authorize the City Manager to execute, the 3-Year Agreement for Professional Services with the Permanente Medical Group, Inc., in an amount not to exceed $250,000, for required public safety medical services. The amount shall not exceed $83,333 for Fiscal Year 2010-11, subject to budget appropriations, $83,333 for Fiscal Year 2011-12, subject to budget appropriations, and $83,333 for Fiscal Year 2012-13.

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried, that, per the Acting Director of Streets and Automotive Services/City Arborist’s memo (11/22/10), the Council approve, and authorize the City Manager to execute, the Agreement for the Performance of Services with Universal Sweeping Services, in an amount not to exceed $51,000 for the first year of the Agreement with a total not to exceed amount of $185,000 over the three year term of the Agreement, to perform general sweeping and related services at the Santa Clara Convention Center Complex (Maintenance Assessment District No. 183).


 

 

     MOTION was made by Caserta, seconded and unanimously carried, that, per the Acting Director of Streets and Automotive Services/City Arborist’s memo (11/23/10), the Council approve, and authorize the City Manager to execute, the Agreement for the Performance of Services with AlliedBarton Security Services LP, in an amount not to exceed $115,000 for the first year of the Agreement with a total not to exceed amount of $425,000 over the three year term of the Agreement, to perform security services at the Santa Clara Convention Center Complex (Maintenance Assessment District No. 183).

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried, that the Council note and file the Informational Memo entitled, “City Council Committee List for Council Review” (Executive Assistant to the Mayor and City Council – 12/10/10).

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried, that the Council note and file the Minutes of the Cultural Advisory Commission for the meeting held on November 1, 2010.

 

 

 

     The City Council proceeded with the Oath of Office Ceremony and the City Clerk/Auditor reviewed his memo (12/06/10) regarding the result of the canvass of the General Municipal Election held on November 2, 2010, which sets forth the following results of the Official Canvass made by the County Registrar of Voters:

 

 (1)Eligible Registered Voters – 46,908

 (2)Total Ballots Cast – 30,829

 (3)Voter Turnout – 65.7%

 

OFFICES AND NAMES OF CANDIDATES AND TOTAL VOTES RECEIVED:

(Totals include the write-in votes)

 

     (1) MAYOR (Full Term)

          *Jamie L. Matthews – 15,258

          Chris Stampolis – 8,797

                   

     (2) COUNCIL MEMBER, SEAT NO. 2 (Full Term)

          *Patrick Kolstad – 12,962

          M. Nadeem – 10,990

 

     (3) COUNCIL MEMBER, SEAT NO. 5 (Full Term)

          *Patricia Mahan – 13,540

          Teresa O’Neill – 10,522

 

*Received highest number of votes.

 

 

     MOTION was made by Caserta, seconded and unanimously carried, that the Council adopt Resolution No. 10-7813 entitled, "A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 2010, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW” which recites the fact of the General Municipal Election held on November 2, 2010 and declare that the following Candidates, having received the highest number of votes, are duly elected for the below shown offices for a full term of four years each: MAYOR – Jamie L. Matthews; COUNCIL MEMBER, SEAT NO. 2 – Patrick Kolstad; COUNCIL MEMBER, SEAT NO. 5 – Patricia M. Mahan.

 

 

 

     Mayor Mahan presented Council Member Caserta with several certificates of recognition from legislators, an engraved City Seal plaque, engraved clock, City flag, City ring and a letter of appreciation from the City Council.

 

     Mayor Mahan presented Council Member Kornder with several certificates of recognition from legislators, an engraved City Seal plaque, engraved clock, City flag and a letter of appreciation from the City Council.

 

     Mayor-Elect Matthews presented Mayor Mahan with several certificates of recognition from legislators, an engraved City Seal plaque, engraved clock, City flag, a glass etched City Mayoral award and a letter of appreciation from the City Council. Mayor Mahan made a farewell speech.

 

     Council Members Caserta and Kornder and Mayor Mahan made farewell speeches.

 

     The City Clerk administered the Oath of Office to Council Members Kolstad and Mahan and Mayor Matthews.

 

     The outgoing Council Members and Mayor stepped off the dais and the newly elected Council Members and Mayor took their seats at the dais and made acceptance speeches.  

 

     The Council recessed for a reception honoring the outgoing and incoming City officials.

 

 

 

SECOND ROLL CALL: Present: Council Members Will Kennedy, Patrick Kolstad, Patricia M. Mahan, Jamie McLeod and Kevin Moore and Mayor Jamie L. Matthews.

 

 

 

 

 

 

     As an item of Unfinished Business, the City Clerk/Auditor reviewed his memo (12/07/10) regarding the declaration of City Council Seat 6 as vacant and approval of one of the following options for the filling of the vacancy: a) Option 1 - Appointment of a new councilmember at the meeting of December 14, 2010; b) Option 2 - Acceptance of applications for candidates interested in receiving the appointment and hold interviews at a Special City Council Meeting on January 5, 2011; c) Option 3 - Acceptance of applications for candidates interested in receiving the appointment and hold interviews at the regular City Council Meeting on January 11, 2011; or d) Option 4 - Call a Special Election for June 7, 2011 to fill the vacancy. MOTION was made by Mahan, seconded and unanimously carried, that the Council declare City Council Seat 6 as vacant. MOTION was then made by Mahan, seconded and unanimously carried, that the Council approve Option 2 – Acceptance of applications for candidates interested in receiving the appointment to City Council Seat 6, due by December 29, 2010 at 5:00 pm in the City Clerk’s Office, with interviews to be held at a Special Council Meeting on January 5, 2011 at 7:00 pm. The Council duly noted and filed a email from Ed Richards (12/13/10) recommending acceptance of applications and appointment of a candidate. 

 

 

 

     Under Public Presentations, Keith Stattenfield addressed the Council with comments regarding Planning Commission practices.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that the Council approve the Bills and Claims and Progress Payments.

 

 

 

      MOTION was made by Moore, seconded and unanimously carried, that the Council appoint Council Member Patricia M. Mahan as Vice-Mayor and Council Member Will Kennedy as Chaplain for the 2011 calendar year (Mayor-elect Matthews’ memo – 12/01/10).

 

 

 

     The Interim City Attorney reported that the Council held earlier in the evening at 6:00 pm, on the above-mentioned date, a Closed Session in the Council Conference Room for a Conference with Agency Labor Negotiator pursuant to Government Code Section 54957.6; City Negotiator: Jennifer Sparacino, City Manager (or her designee) Employee Organization(s): Unit #1 - Santa Clara Firefighters Association, IAFF, Local 1171; Unit #2 - Santa Clara Police Officer's Association; Unit #3 - International Brotherhood of Electrical Workers, IBEW, Local 1245; Unit #4 - City of Santa Clara Professional Engineers; Units #5, 7 and 8 - City of Santa Clara Employees Association; Unit #6 - American Federation of State, County and Municipal Employees, AFSCME, Local 101; Unit #9 - Miscellaneous Unclassified Management Employees; Unit #9A - Unclassified Police Management Employees; Unit #9B - Unclassified Fire Management Employees; and Unit #10 - Public Safety Non-Sworn Employees Association, PSNSEA and that the Council unanimously authorized and instructed the City Manager to execute any amendments to Memoranda of Understanding (MOU), where such amendments are consistent with the instructions the Council has give to the City Manager, its designated representative, in Closed Sessions held pursuant to Government Code Section 54957.6, provided that any such amendment to any MOU has first been reduced to writing and signed by both the bargaining representatives of the majority employee organization for the bargaining unit and by the authorized representatives of the municipal employee relations officer. Immediately following the execution of any such amendment, the City Manager shall publicly identify the bargaining representatives and the MOU that has been amended, as required by Government Code Section 54957.1, subdivision (a)(6). The Interim City Attorney stated that the Council also met in Closed Session for Personnel Matters pursuant to Government Code Section 54957 Public Employee Employment – City Attorney and that there was no reportable action.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that per the Interim City Attorney, the Council set Tuesday, January 11, 2011 at 6:00 pm for a Closed Session in the Council Conference Room for a Conference with Agency Labor Negotiator pursuant to Government Code Section 54957.6; City Negotiator: Jennifer Sparacino, City Manager (or her designee); Employee Organization(s): Unit #1 - Santa Clara Firefighters Association, IAFF, Local 1171; Unit #2 - Santa Clara Police Officer's Association; Unit #3 - International Brotherhood of Electrical Workers, IBEW, Local 1245; Unit #4 - City of Santa Clara Professional Engineers; Units #5, 7 and 8 - City of Santa Clara Employees Association; Unit #6 - American Federation of State, County and Municipal Employees, AFSCME, Local 101; Unit #9 - Miscellaneous Unclassified Management Employees; Unit #9A - Unclassified Police Management Employees; Unit #9B - Unclassified Fire Management Employees; and Unit #10 - Public Safety Non-Sworn Employees Association, PSNSEA and for a Conference with Legal Counsel (Existing Litigation) pursuant to Government Code Section 54956.9(a) Deena Luce v. City of Santa Clara Santa Clara County Superior Court No. 110-CV-185296.

 


 

 

     MOTION was made by McLeod, seconded and unanimously carried, that there being no further business, the meeting was adjourned at 8:52 pm to Wednesday evening, January 5, 2011 for a Special Meeting to hold interviews to fill a vacancy for Seat 6 on the City Council and to Tuesday evening, January 11, 2011 at 6:00 pm for a Closed Session in the Council Conference Room and to 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.

 

 

 

 ATTEST:  ________________________

                     City Clerk

 

APPROVE: ________________________

                     Mayor