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

 

February 09, 2016

 

 

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.

6:00 PM CLOSED SESSION CALL TO ORDER:

 

A.

Confirmation of Quorum.

CC

 

2.

ANNOUNCEMENT OF CLOSED SESSION:

 

A.

Conference with Labor Negotiators Pursuant to Government Code Section 54957.6; City 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).

CC

 

·         ACTION:

No Reportable Action

 

 

B.

Conference with Legal Counsel-Existing Litigation Pursuant to Government Code Section 54956.9(d)(1); Santa Clara Youth Soccer League v. City of Santa Clara, et al. Santa Clara Superior Court Case No. 15-CV-289572.

CC

 

·         ACTION:

No Reportable Action

 

 

C.

Conference with Legal Counsel-Existing Litigation Pursuant to Government Code Section 54956.9(d)(1); D.V., Ruelas v. City of Sunnyvale, et al., United States District Court Case No. C14-02155 HRL.

CC

 

·         ACTION:

Agreed to payment of $10,000 to plaintiffs in exchange for a full dismissal

 

 

·         ASSIGNMENT:

City Attorney

 

 

3.

PUBLIC COMMENT REGARDING CLOSED SESSION:

 

4.

RECESS TO CLOSED SESSION (Council Conference Room):

 

5.

7:00 PM REGULAR MEETING CALL TO ORDER:

 

6.

PLEDGE OF ALLEGIANCE AND STATEMENT OF VALUES:

 

7.

ROLL CALL:

 

A.

Present: Members Caserta, Davis, Gillmor, Kolstad, Marsalli and Vice Mayor O'Neill.

 

 

8.

APPROVAL OF MINUTES:

 

A.

January 12, 2016.

CC SA SOSA HA

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

 

 

Stadium Authority Secretary

 

 

 

Authority Secretary

 

 

 

Clerk

 

 

9.

CONTINUANCE/EXCEPTIONS:

 

 

A.

The City Attorney addressed the resignation of Mayor Jamie L. Matthews

and options to fill the vacancy of the office of Mayor.

         ACTION:             By Council consensus, set February 16, 2016

                                    for further discussion

         ASSIGNMENT:    City Attorney

                                       City Clerk

 

10.

SPECIAL ORDER OF BUSINESS:

 

A.

Recognition of Outgoing Commissioner Carolyn Schuk for her years of service on the Cultural Commission.

CC

 

11.

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.)]

 

 

A.

Google Fiber California, LLC City-wide deployment of a Fiber Optic-based, Gigabit Internet Service:  Approval of Project Description Fiber to the Premises City-wide Master Plan and agreements with Google Fiber California, LLC: 1) Network Hut License Agreement on City properties on Pomeroy Avenue just south of Warburton Avenue and on Pomeroy Avenue just south of El Sobrante Street (APN: 220-01-022 and 290-19-101); 2) Master Encroachment Agreement that provides the process and standards to construct, operate, and maintain the physical network within the City's public right-of-way; 3) Pole Contact Agreement for standards that provides for the terms and conditions associated with Google's attachment to City-owned utility poles; 4) Rapid Deployment Agreement that will allow for reimbursement to the City for the processing of larger than normal pole attachment applications in an expeditious manner; and 5) City Reimbursement Agreement that will allow for reimbursement to the City for the processing of a larger than normal volume of Encroachment Permit applications in an expeditious manner.

CC

 

1.

Correspondence regarding Google Fiber-to-the-Premise Project Master Plan.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

City Manager

 

 

12.

REPORTS FOR ACTION:

 

A.

Authorization to publish a notice of intent to sell a public right-of-way located on a portion of Franklin Street from Lafayette Street to The Alameda and a portion of Alviso Street from the south side of Franklin Street to Benton Street pursuant to Charter 714 and set March 8, 2016 as the date to accept bids for consummation of the sale.

CC

 

·         ACTION:

Continued to the earliest possible date.

 

 

·         ASSIGNMENT:

City Manager

 

 

13.

STADIUM AUTHORITY ITEMS:

 

14.

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 Compromise and Release, as recommended by the City's Workers' Compensation legal counsel, to settle the claim for the injury that Eduardo Solis, retired Grounds Maintenance Worker III, sustained on April 21, 2014.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Human Resources

 

2.

Approval of Plans and Specifications for the Saratoga Avenue Traffic Signal Interconnect and Coordination Project and authorization to make minor modifications, as necessary, and advertise for bids (CE 15-16-06).

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Public Works

 

3.

Approval of the Project Manual and Specifications for the Graham Lane Neighborhood Street Improvements Project and authorization to make minor modifications, as necessary, and advertise for bids (CE 06-07-02).

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Public Works

 

4.

Approval to set the salary for Engineering Aide-Electric position candidate, Philip Steffani, at Step "2" of the salary range for Schedule A-21.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Electric

 

5.

Approval of the use of City Electric forces for the installation of facilities at 1705 Martin Avenue; 2620 Augustine Drive; 2655 El Camino Real; 3315 and 3333 Scott Boulevard; 2455 Augustine Drive; Water Station #21 on Agate Drive; 911 George Street; and Monroe Street at Franklin Street.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Electric

 

6.

Adoption of Ordinance No. 1951 which approves the renewal of the Franchise Agreement with Air Products and Chemicals, Inc. for the distribution of nitrogen gas within the City of Santa Clara.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

City Attorney

 

7.

Adoption of a Resolution approving updates to the City's Water Service and Use Rules and Regulations to meet requirements established in the State's revised Model Water Efficient Landscape Ordinance (MWELO) approved on July 15, 2015.

CC

 

·         ACTION:

Adopted Resolution No. 16-8292.

 

 

·         ASSIGNMENT:

Dir. Water

 

8.

Note and file the Departmental Activity Report for the month of December 2015.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

9.

Approval of the update to the Below Market Purchase (BMP) Program Policies and Procedures Manual and authorization to make administrative changes as needed to reflect program changes, current marketing trends and clarification on revised requirements.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

City Manager

 

 

B.

Agreements

 

 

1.

Approval of Call No. 16-1 for Professional Services with E Source Companies, LLC, in an amount not to exceed $134,970, for ongoing industry research and information services. 

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Electric

 

2.

Approval of the Affordable Housing Agreement with The New Home Company Northern California, LLC, for the provision of three (3) Below Market Purchase (BMP) homes and payment of a BMP in-lieu fee for a fractional unit within a 33-unit housing project at 166 Saratoga Avenue and to execute amendments thereto and to take any other action necessary to implement the Agreement. 

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

City Manager

 

3.

Approval of an Encroachment Agreement with the City of Sunnyvale, in an amount no-to-exceed $5,144.50, to maintain existing and develop infrastructure for future Dark Fiber Leasing Services.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Electric

 

 

C.

Bills and Claims/Progress Payments

 

 

1.

Approval of Bills and Claims and Progress Payments.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Finance

 

 

D.

Reports for Information and Possible Action

 

 

1.

Proclamations issued to Gary Begley, Grounds Maintenance Worker II, Parks & Recreation Department, and Jim Parissenti, Principal Engineer, Engineering Department, retiring with service of 30+ years in 2015.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

 

E.

Minutes to Note and File

 

 

1.

Civil Service Commission - January 11, 2016.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

 

F.

Routine Written Petitions for Approval

 

 

1.

Leslie Dods, Apex Performance - 3667 Stevens Creek Boulevard:  Request for a Special Permit to allow a temporary mobile hydrogen refueling trailer in the Stevens Creek Toyota overflow parking lot.  Staff recommendation:  Approval, subject to conditions (PLN2016-11652).

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Planning

 

2.

Buchser Middle School Music Association:  Request for $10,000 in matching funds from the Championship Team Fund to participate in the Disney Performing Arts in Anaheim, California from May 21-24, 2016.  Staff recommendation:  Approval subject to the execution of a Contribution Agreement with Buchser Middle School Music Association.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

City Manager

 

 

15.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

16.

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 forms available by the door in the Council Chambers.]

 

 

A.

Howard Gibbons expressed thanks for the City's help regarding his business during Super Bowl 50.

 

 

B.

Deborah Bress provided general comments of concern.

 

 

C.

Chris Stampolis provided general comments related to current events.

 

 

17.

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

 

A.

Reports regarding conference attendance, if any.

CC SA SOSA HA

 

1.

Each Councilmember expressed positive comments regarding Super Bowl 50.

 

 

18.

CITY MANAGER/EXECUTIVE DIRECTOR REPORTS:

 

19.

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS:

 

20.

ADJOURNMENT:

 

A.

A Special Meeting is scheduled for Tuesday evening, February 16, 2016.  In Memory of Jerry McKee, long-time City resident, worked for the Street, Electric and Finance Departments from 1971 to 1994, and served as a Historical and Landmarks Commissioner from 2004 to 2015 and Donald Simmons, son of City employee Jack Simmons who worked in the Electric Department for 25 years.  The next regular scheduled meeting is on Tuesday evening, February 23, 2016, in the City Hall Council Chambers.