MINUTES OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA
FOR MEETING HELD ON TUESDAY EVENING, MARCH 25, 2014

 

 

     The City Council of the City of Santa Clara met at 5:00 pm, on the above-mentioned date, in the City Hall Council Chambers for the regular scheduled meeting. With a quorum present with Gillmor abstaining (owns property within 500 feet of the project location), the Council proceeded with the Development Review Study Session for File: PLN2012-09351 (Rezoning) and PLN2013-10106 (Tentative Subdivision Map); Location: 1313 Franklin Street, 1092 and 1350 Benton Street, cumulative area of 1.04 acres taking the block along Monroe Street between Benton Street and Franklin Street; Properties zoned CC-Community Commercial and OG-General Office; APN(s): 269-02-078, 269-02-077, and 269-02-076;  Applicant/Owner: SiliconSage Builders, LLC.; Request: Rezoning from CC-Community Commercial and OG-General Office to PD-Planned Development and Tentative Subdivision Map to allow a Mixed Use Development Project with approximately 14,731 square feet of first floor retail/commercial and 44-Condominium Units building. Request includes preparation and adoption of a Mitigated Negative Declaration. The Director of Planning and Inspection made an electronic presentation regarding the proposed development. Erik Schoennauer, SiliconSage Builders, then made an electronic presentation on behalf of the applicant. A Council discussion followed and Mr. Schoennauer and the Director of Planning and Inspection answered Council questions. Dave D’Ambrosio (provided handout) and Valerie Gordon addressed the Council with comments of concern. Peggy Parkin addressed the Council with comments in support of the proposed development.  

 

With no public comment, the Council then met at 6:00 pm for a Closed Session in the Council Conference Room for 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); Conference with Real Property Negotiator pursuant to Government Code Section 54956.8; Property: APN 224-02-002; 224-02-013; 224-02-014; 224-02-020; and 224-02-023; Negotiating Party(ies): Steve Zamudio, Colliers International; City Negotiator: Julio J. Fuentes, City Manager (or designee); Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment); Conference with Real Property Negotiator pursuant to Government Code Section 54956.8; Property: APN 104-03-036, 104-03-038, 104-03-039, 104-03-040; Negotiating Party(ies): Kurt Wittek, Montana Property Group, LLC; City Negotiator: Julio J. Fuentes, City Manager (or designee); Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment); 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; Negotiating Party(ies): Larry MacNeil and Jim Mercurio, The San Francisco 49ers; City Negotiator: Julio J. Fuentes, City Manager (or designee); Under Negotiation: Parking Rights Agreement; City Council/City Council acting as the 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(a); 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; and City Council/City Council acting as the Governing Board of the Successor Agency to the City of Santa Clara Redevelopment Agency Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9(a); Potential initiation of litigation: 1 potential case and Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9(d)(2); Potential exposure to litigation: 2 potential cases (City Attorney – 03/21/14).

 

 

 

     The Council reconvened in the Council Chambers at 7:03 pm and the regular meeting was opened with the recitation of the Pledge of Allegiance and Statement of Values in the Council Chambers.

 

 

 

     Present: Council Members Debi Davis, Lisa M. Gillmor, Patrick Kolstad, Patricia M. Mahan, Jerry Marsalli and Teresa O'Neill and Mayor Jamie L. Matthews.

 

     Staff present: City Manager, Assistant City Manager – Alan Kurotori, Assistant City Manager – Sheila Tucker, Director of Planning and Inspection, Director of Public Works/City Engineer, City Attorney and City Clerk/Auditor.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried with Marsalli abstaining (not present at the meeting), that the Minutes for the meeting of February 25, 2014 be adopted as written.

 

 

 

     As a Special Order of Business, Assemblymember Bob Wieckowski addressed the Council with a “State of the State”.

 

 

 

     As an exception to the agenda, MOTION was made by Gillmor, seconded and unanimously carried, that the Council consider the approval to establish a new Fiscal Year 2013-14 Capital Improvement Budget Project (CIP) entitled, Youth Soccer Fields & Athletic Facilities and authorization to transfer and appropriate funds, in the amount of $2,000,000, for the project earlier than agendized, as an item of Unfinished Business. 

 

 

 

     As an item of Unfinished Business, the Council proceeded to consider the authorization to transfer funds, in the total amount of $5,700,000, from the Land Sale Reserve Fund; and to disburse funds, in the amount of $5,000,000, to the Santa Clara City Library Foundation and Friends for completion of the Northside Branch Library building; and to combine the $700,000 with $6,500,000 in the remaining tax increment returned by the Foundation, for a total amount of $7,200,000, to be placed in a separate account and held for disbursement upon settlement. The City Manager reviewed his memo (03/20/14) and made an electronic presentation. Roger and Ryan Ramirez, Kathy Watanabe and Raj Chahal addressed the Council with comments of support for the Northside Branch Library. A Council discussion followed. MOTION was made by Gillmor, seconded and unanimously carried, that the Council authorize the transfer of funds, in the amount of $5,700,000, from the Land Sale Reserve Fund; approval to disburse funds, in the amount of $5,000,000 to the Santa Clara Foundation and Friends for completion of the building; and approval to combine the $700,000 with the $6,500,000 in the remaining tax increment returned by the Foundation, for a total amount of $7,200,000, to be placed in a separate account and held for disbursement upon settlement.

 

 

 

     The Council proceeded to consider the approval to establish a new Fiscal Year 2013-14 Capital Improvement Budget Project (CIP) entitled, Youth Soccer Fields & Athletic Facilities and authorization to transfer and appropriate funds, in the amount of $2,000,000, for the project earlier than agendized, immediately after Unfinished Business.  The City Manager introduced the item and the Director of Parks and Recreation reviewed his memo (03/20/14) and made an electronic presentation regarding future athletic fields and support facilities. He, the City Manager and the City Attorney then answered Council questions. Representatives of the San Francisco 49ers addressed the Council with general comments. The following people addressed the Council with general comments: Christine Koltermann (provided handout), Margo Wixsom (provided handout), and Craig Larsen. The following people addressed the Council with comments of support of a youth soccer park: Kevin Moore, Jerry Smith, Roseann LaCoursiere, Chloe Cacoyannis, Danielle Vis, Matt Heintz, Tino Silva, Patty Atherton, Livia Zahzah, Peggy Parkin, Andres Ochoa, Kyle Cacoyannis, Ally Warrens, Erin McCoy, Maria Ochoa, Brian Lucas, Jim (last name unknown) and Eric Espinosa. A Council discussion followed. MOTION was made by Mahan, seconded and unanimously carried, that the Council establish a new FY2013-14 Capital Improvement Budget Project for Youth Soccer Fields & Athletic Facilities (account 532-1132-80300-3XXX); authorize the transfer of $2,000,000 from the Land Sale Reserve (account 063-44459) to the Youth Soccer Fields & Athletic Facilities CIP (account 532-1132-3XXX); authorize the appropriation of funds in the amount of $2,000,000 for Youth Soccer Fields & Athletic Facilities CIP (account 532-1132-80300-3XXX); direct the City Manager to work with the soccer community for use of other fields and to identify ways to expedite the planning and building of fields; and approve the establishment of an Ad-hoc Council Committee (Mahan, Gillmor and Kolstad).

 

 

 

     MOTION was made by Marsalli, seconded and unanimously carried, that, per the Human Resources Division Manager’s memo (02/21/14), the Council approve the Stipulations with Request for Award, based on the recommendation of the City’s Workers’ Compensation legal counsel, to settle the claim for the injury David Picchi, retired Driver/Engineer, sustained cumulatively through March 9, 2011.

 

 

 

     MOTION was made by Marsalli, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (03/04/14), the Council approve the change the name of the Bicycle Advisory Committee to the Bicycle and Pedestrian Advisory Committee to expand responsibilities to include pedestrian concerns; approve the change in meeting schedule; and approve related changes to the Policy Guidelines.

 

 

 

     MOTION was made by Marsalli, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (03/11/14), the Council accept the work performed by KBL-Overaa, a Joint Venture, for the Mission Substation Construction Project and authorize the recordation of a Notice of Completion with the County Recorder (Contract 2114A).

 

 

 

     MOTION was made by Marsalli, seconded and unanimously carried, that, per the Director Finance/Assistant City Manager’s memo (03/11/14), the Council accept the Monthly Financial Status Reports for January 2014.

 

 


 

 

     MOTION was made by Marsalli, seconded and unanimously carried, that, per the City Manager’s memo (03/10/14), the Council note and file the Departmental Activity Report for the month of January 2014.

 

 

 

     MOTION was made by Marsalli, seconded and unanimously carried, that, per the Senior Staff Aide’s memo (03/11/14), the Council approve the revised policy guidelines regarding the Championship Team Fund to include groups who are selected to perform on a state, national or international level.

 

 

 

     MOTION was made by Marsalli, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (03/11/14), the Council approve the use of City Electric forces for the installation of facilities at 2931-2969 Marietta Drive (The Gallery Project); 5403-5405 Stevens Creek Boulevard; 2970 Corvin Drive; 5001 Great America Parkway; and 2022 Benton Street.

 

 

 

     MOTION was made by Marsalli, seconded and unanimously carried, that, per the Director of Finance/Assistant City Manager’s memo (03/11/14), the Council pass to print Ordinance No. 1923 entitled, “AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA, TO AMEND CHAPTER 3.40 (“BUSINESS TAX”) TO TITLE 3 (“REVENUE AND FINANCE”) OF “THE CODE OF THE CITY OF SANTA CLARA, CALIFORNIA” TO STREAMLINE AND PROVIDE IMPROVED TRANSPARENCY IN CURRENT PROCESSES” which amends Chapter 3.40 (Business Tax) to Title 3 (Revenue and Finance) of the City Code to streamline and provide improved transparency in current processes.

 

 

 

     MOTION was made by Marsalli, seconded and unanimously carried, that, per the Director of Planning and Inspection’s memo (03/21/14), the Council set June 10, 2014 for a Public Hearing for an appeal of a Planning Commission action related to a project located at 1593 Lexington Street.

 

 

 

     MOTION was made by Marsalli, seconded and unanimously carried with Gillmor abstaining (owns property within Franklin Square), that, per the Director of Public Works/City Engineer’s memo (02/25/14), the Council approve, and authorize the City Manager to execute, an Agreement for the Performance of Services with Universal Site Services, Inc., in an amount of $22,740 in year one, $22,740 in year two, and $22,740 in year three for total amount not to exceed $68,220 over the three year term, for exterior maintenance of parking lots and walkways at the Franklin Square Parking Maintenance District No. 122, subject to budget appropriations.

 

 

 

     MOTION was made by Marsalli, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (03/11/14), the Council approve, and authorize the City Manager to execute, an Agreement for the Performance of Services with Econolite Control Products, Inc., in an amount not to exceed $52,800, for Encore Video Detection Systems installation at ten intersections and authorize the City Manager to make minor, non-substantive modifications to the Agreement, as necessary.

 

 

 

     MOTION was made by Marsalli, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (03/04/14), the Council approve, and authorize the City Manager to execute, an Agreement for the Performance of Services with Rumble Tree and Turf, in an amount of$26,580 in year one, $26,580 in year two and $26,580 in year three for a total not to exceed amount of $79,740, for soil injections for control of aphids and tulip scale on City-owned trees.

 

 

 

     MOTION was made by Marsalli, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (03/11/14), the Council approve, and authorize the City Manager to execute, an Agreement for the Performance of Services with ACE Parking Management, Inc., in an amount not to exceed $58,500 in FY 2013-2014 (pro-rated for 3 months in this fiscal year), $234,000 in FY 2014-2015, $234,000 in FY 2015-2016, and $234,000 in FY 2016-2017, for a total amount not to exceed $760,500 over the term of the agreement ending June 2017, subject to budget appropriations, to perform event parking management services at the Santa Clara Convention Center Complex (Maintenance Assessment District No. 183).

 

 

 

     MOTION was made by Marsalli, seconded and unanimously carried, that, per the City Attorney’s memo (03/18/14), the Council approve, and authorize the City Manager to execute, a Municipal Law Enforcement Services Agreement between the City of Santa Clara, Santa Clara Stadium Authority and the Santa Clara County Sheriff's Office regarding Special Law Enforcement Units and Per Diem Reserve Police Officers for Levi's Stadium events.

 

 

 

     MOTION was made by Marsalli, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (03/11/14), the Council approve, and authorize the City Manager to execute, Call No. 14-1 for Professional Services with LinkPath Communications, Inc., in an amount not to exceed $57,500, for the Outdoor Wireless Equipment Wiring Upgrade Project.

 

 


 

 

     MOTION was made by Marsalli, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (03/11/14), the Council delegate authority to the City Manager to execute the Long-Term Layoff Agreement by and among the Transmission Agency of Northern California (TANC) and certain of its members as it pertains to the California Oregon Transmission Project.

 

 

 

     MOTION was made by Marsalli, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (03/11/14), the Council approve, and authorize the City Manager to execute, an Agreement for the Performance of Services with ABM Onsite Services - West, Inc., in an amount of $28,264 in FY 2013-2014 (pro-rated for 3 months in this fiscal year),  $113,054 in FY 2014-2015, $113,054 in FY 2015-2016, and $113,054 in FY 2016-2017, with a not-to-exceed amount of $367,426 over the term of the agreement ending June 2017, subject to budget appropriations, for custodial services at the Santa Clara Convention Center Complex (Maintenance Assessment District No. 183).

 

 

 

     MOTION was made by Marsalli, seconded and unanimously carried, that, per the Economic Development Officer/Assistant City Manager’s memo (03/19/14), the Council approve, and authorize the City Manager to execute, Amendment No. 1 to the Professional Services Agreement with Hulberg and Associates, Inc., dba Valbridge Property Advisors, in an amount not to exceed $100,000, for as-needed real estate appraisal services.

 

 

 

     MOTION was made by Marsalli, seconded and unanimously carried, that, per the Economic Development Officer/Assistant City Manager’s memo (03/17/14), the Council approve, and authorize the City Manager to execute, Amendment No. 1 to the Agreement for the Performance of Services with Keyser Marston Associates, Inc., in an amount not to exceed $250,000, for fiscal and economic services related to the City Place Santa Clara Project.

 

 

 

     MOTION was made by Marsalli, seconded and unanimously carried, that, per the Economic Development Officer/Assistant City Manager’s memo (03/21/14), the Council approve, and authorize the City Manager to execute, an Agreement for the Performance of Services with Hatheway Consulting, LLC, in an amount not to exceed $125,000, for pre-development and technical review consulting services related to the Centennial Gateway and the City Place Santa Clara projects.

 

 


 

 

     MOTION was made by Marsalli, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (03/11/14), the Council approve, and authorize the City Manager to execute, an Agreement for the Performance of Services with Mike Davis Landscape Services, in an amount of $59,645 in FY 2013-14 (pro-rated for 3 months in this fiscal year); $237,000 in FY 2014-2015, $237,000 in FY 2015-2016, and $237,000 in FY 2016-2017, with a not-to-exceed amount of $770,645 over the term of the agreement ending June 2017, subject to budget appropriations, for landscape and tree maintenance services at the Santa Clara Convention Center Complex (Maintenance Assessment District No. 183).

 

 

 

     MOTION was made by Marsalli, seconded and unanimously carried that the Council note and file the Informational Memo entitled, “Launch of City of Santa Clara Facebook Page” (Assistant City Manager – 03/20/14).

 

 

 

     MOTION was made by Marsalli, seconded and unanimously carried, that the Council note and file the Minutes of the Youth Commission for the meeting of December 3, 2013.

 

 

 

     MOTION was made by Marsalli, seconded and unanimously carried, that the Council note and file the Minutes of the Senior Advisory Commission for the meeting of January 27, 2014.

 

 

 

     PUBLIC HEARING: The Mayor declared the public hearing open for consideration of the project located at 2121 Laurelwood Road including the Mitigated Negative Declaration (MND) and Mitigation Monitoring or Reporting Program (MMRP) for the rezone from Planned Development (PD) to Light Industrial (ML) in conjunction with a Use Permit to allow outdoor display, storage and a reduction in the minimum parking requirement commensurate with the proposed use, subject to conditions, and to direct appropriate actions (CEQ2013-01164/SCH#2013112035, PLN2013-09776). The Director of Planning and Inspection reviewed his memo (03/18/14) and made an electronic presentation regarding the proposed project. Jim Lorimer (applicant) and other representatives of SPI Holdings, Inc. addressed the Council with comments in support of the proposal and answered Council questions. Peter Meier (property owner) addressed the Council with comments and answered Council questions. The following people addressed the Council with comments in support of the proposed project: Rob Shannon, Steve Van Dorn [Santa Clara Convention Center – Convention Visitors Bureau (SCCC-CVB)], and Ed McGovern. With no further public comment, MOTION was made by Kolstad, seconded and unanimously carried, that the Council close the public hearing. MOTION was then made by Mahan, seconded and unanimously carried, that the Council approved the Mitigated Negative Declaration (MND) and Mitigation Monitoring or Reporting Program (MMRP) for the rezone from Planned Development (PD) to Light Industrial (ML) in conjunction with a Use Permit to allow outdoor display, storage and a reduction in the minimum parking requirement commensurate with the proposed use, subject to conditions, including that an Agreement with the Biltmore Hotel be reached, in writing, for use of the property (CEQ2013-01164/SCH#2013112035, PLN2013-09776). The Council duly noted and filed correspondence received.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried with Mahan abstaining (listed as a potential name for the park), that the Council approve the Parks and Recreation Commission recommendations contained within the Minutes for the meeting of January 21, 2014, including acceptance of the donation of the new park site improvements located at Worthington Circle (APN 303-17-051) from Summerhill Homes in the Midtown Village development and  dedication of the new City park located at Worthington Circle in the Midtown Village development on either May 10, 2014, or May 17, 2014; and refer the park naming to the Council Ad Hoc Facilities Naming Committee to consider a list of potential names for the park including: Gary Gillmor (former Mayor); Patricia Mahan (former Mayor); Frank Soares (contributed to youth sports in Santa Clara); Thomas Barrett (founder of the Santa Clara Art & Wine Festival); and the Wilson Family (well-known Santa Clara family).

 

 

 

     The Council proceeded to consider the 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. Mike O’Halloran addressed the Council with comments of gratitude to Mr. Bauer. MOTION was then made by Mahan, seconded and unanimously carried, that, per the Director of Parks and Recreation’s memo (03/05/14), the Council accept 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 authorize the transmission of a letter of appreciation signed by the Mayor and City Manager.

 

 

 

     The Council proceeded to consider the pass to print of an Ordinance amending Chapter 9.05 (In General) of Title 9 (Public Peace, Morals and Welfare) by amending Subchapter 9.05.005 (Definitions) and adding new Subchapters 9.05.160 (Prohibited Conduct in Sporting and Entertainment Events), 9.05.165 (Activities and Conduct Prohibited in Parking Facilities Adjacent to the Stadium or Parking Facilities used for Stadium Events) and 9.05.170 (Penalties) governing conduct at the stadium, parking lots and surrounding areas. Steve Bevan addressed the Council with comments of concern. The Chief of Police reviewed his memo (03/18/14) and answered Council questions. MOTION was made by O’Neill, seconded and unanimously carried, that the Council pass to print Ordinance No. 1922 entitled, “AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA, AMENDING SECTION 9.05.005 (DEFINITIONS) AND ADDING NEW SECTIONS 9.05.160 (PROHIBITED CONDUCT IN SPORTING AND ENTERTAINMENT EVENTS), 9.05.165 (ACTIVITIES AND CONDUCT PROHIBITED IN PARKING FACILITIES ADJACENT TO THE STADIUM OR PARKING FACILITIES USED FOR STADIUM EVENTS) AND 9.05.170 (PENALTIES) TO CHAPTER 9.05 (IN GENERAL) OF TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE CODE OF THE CITY OF SANTA CLARA, CALIFORNIA GOVERNING CONDUCT AT THE STADIUM AND SURROUNDING AREA” which amends Chapter 9.05 (In General) of Title 9 (Public Peace, Morals and Welfare) by amends Subchapter 9.05.005 (Definitions) and adds new Subchapters 9.05.160 (Prohibited Conduct in Sporting and Entertainment Events), 9.05.165 (Activities and Conduct Prohibited in Parking Facilities Adjacent to the Stadium or Parking Facilities used for Stadium Events) and 9.05.170 (Penalties) governing conduct at the stadium, parking lots and surrounding areas.

 

 

 

     Under Public Presentations, Glenn Slivinske, Mark Kelsey, Debbie VanOveren, Kathy Kelsey, Nick Lallas, and Joseph Moore addressed the Council with comments of concern regarding the project located 2325 Park Avenue.

 

     Ben Cardoza addressed the Council with comments of concern about the care of the homeless.

 

 

 

     MOTION was made by Marsalli, seconded and unanimously carried, that, per the Director of Water and Sewer Utilities’ memo (02/14/14), the Council approve the appropriation and transfer of $175,000 from the Water Conservation Reserve (account 092-12035) to the Equipment Pool Revolving Fund (account 050-2111-88040(I)2100) for the design and purchase of a vehicle for drinking water distribution during emergencies and at public events.

 

 

 

     MOTION was made by Marsalli, seconded and unanimously carried, that, per the Fire Chief’s memo (03/14/14), the Council accept the donation, in the amount of $1,000, from the Walmart Foundation to purchase supplies and materials for the Community Emergency Response Team (CERT) Program; authorize a $1,000 increase in Estimated Revenues in Fire Department Donations (account 067-7822-59650-(G)00491) and appropriations (account 067-7822-87500-(I)7460-(G)00491); authorize the transmittal of a letter of appreciation signed by the Mayor and City Manager.

 

 


 

 

     MOTION was made by Marsalli, seconded and unanimously carried, that, per the Police Chief’s memo (03/14/14), the Council accept the donation, in the amount of $1,000, from the Walmart Foundation to purchase supplies and materials for the Drug Abuse Resistance Education (D.A.R.E.) program; authorize a $1,000 increase in Estimated Revenues in Police Department Donations (account 067-7746-59650-(G)00480) and appropriation (account 067-7746-87500-(G)00480); and authorize the transmittal of a letter of appreciation by the Mayor and City Manager.

 

 

 

     The Council proceeded to consider the Council Strategic Objective - Assessment of current auditing practices: Review of background, research, assessment findings and direct the City Manager and City Auditor to return to Council with an updated Resolution regarding the Policy regarding Conference Attendance, In-Service Training and Travel for City Business by Employees; provide direction regarding the adoption of a General Services Administration (GSA)-based employee per diem and AB 1234-compliant meal reimbursement policy or refer to the Audit Committee to implement administrative changes to modernize and streamline auditing practices; and to meet and confer as and to the extent required. The City Auditor reviewed his memo (03/20/14) and answered Council questions. A Council discussion followed. MOTION was made by Kolstad, seconded and unanimously carried, that the Council refer the item to the Audit Committee.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Water and Sewer Utilities’ memo (03/11/14), the Council adopt Resolution No. 14-8123 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, APPROVING THE UPDATE TO THE SEWER SYSTEM MANAGEMENT PLAN (SSMP)” which approves the update to the Sewer System Management Plan (SSMP) to comply with the California State Water Resources Control Board's (State Water Board) requirement of updating the SSMP every five years.

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that the Council approve the bills and claims and Progress Payments.

 

 


 

 

     Under City Manager reports, the City Manager commended the Director of Public Works/City Engineer and the Public Works Department for a wonderful job on the completion of the Caltrain Railroad Trestle Improvements. The Director of Public Works then addressed the Council with comments and made an electronic presentation, which included photographs of the trestle.

    

     The City Manager also reported that on March 26, 2014 there will be a meeting with the Library Board of Trustees to introduce the candidate for the position of City Librarian.

 

 

 

     The City Attorney reported that earlier in the evening, the Council met for a Closed Session met for a Closed Session in the Council Conference Room for 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) and that there was no reportable action; Conference with Real Property Negotiator pursuant to Government Code Section 54956.8; Property: APN 224-02-002; 224-02-013; 224-02-014; 224-02-020; and 224-02-023; Negotiating Party(ies): Steve Zamudio, Colliers International; City Negotiator: Julio J. Fuentes, City Manager (or designee); Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment) and that there was no reportable action; Conference with Real Property Negotiator pursuant to Government Code Section 54956.8; Property: APN 104-03-036, 104-03-038, 104-03-039, 104-03-040; Negotiating Party(ies): Kurt Wittek, Montana Property Group, LLC; City Negotiator: Julio J. Fuentes, City Manager (or designee); Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment) and that there was no reportable action; 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; Negotiating Party(ies): Larry MacNeil and Jim Mercurio, The San Francisco 49ers; City Negotiator: Julio J. Fuentes, City Manager (or designee); Under Negotiation: Parking Rights Agreement and that there was no reportable action. The City Council/City Council acting as the 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(a); 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; City Council/City Council acting as the Governing Board of the Successor Agency to the City of Santa Clara Redevelopment Agency Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9(a); Potential initiation of litigation: 1 potential case and Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9(d)(2); Potential exposure to litigation: 2 potential cases would be held at the conclusion of this evening’s meeting.  

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the City Attorney’s memo (03/21/14), the Council set April 8, 2014 at 6:00 pm for a Closed Session in the Council Conference Room for a 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; 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; and Unit #10 - PSNSEA (Public Safety Non-Sworn Employees Association); Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.9(a); 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; and Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9(a); Potential initiation of litigation: 1 potential case.

 

 


 

 

     MOTION was made by Davis, seconded and unanimously carried, that, there being no further business, the Council adjourn the meeting at 9:57 pm, to a Closed Session in the Council Conference Room for a City Council/City Council acting as the 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(a); 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; and City Council/City Council acting as the Governing Board of the Successor Agency to the City of Santa Clara Redevelopment Agency Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9(a); Potential initiation of litigation: 1 potential case and Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9(d)(2); Potential exposure to litigation: 2 potential cases; to Tuesday evening, April 8, 2014 at 6:00 pm for Closed Session in the Council Conference Room; and at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers. The Council then adjourned to the Council Conference Room for the Closed Session. The Council reconvened at 11:06 pm in the Council Chambers and the City Attorney noted that there was no reportable action. The meeting stood adjourned. 

 

 

 

 

 

 

 

 

 ATTEST:  ________________________

                     City Clerk

 

 

APPROVE: ________________________

                     Mayor