MINUTES OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA
FOR REGULAR MEETING HELD ON TUESDAY EVENING, OCTOBER 28, 2014

 

 

     The City Council of the City of Santa Clara, with a quorum present, met at 5:30 pm in the City Hall Council Chambers. The meeting began with a Development Study Session for the Branding Survey Results and Tagline Update. Assistant City Manager Tucker addressed the Council and made brief comments and then introduced Catherine Mevs, Red Peak, who made an electronic presentation (Assistant City Manager – 10/28/14). Ms. Mevs answered Council questions and Council comments were made. The Council then met at 6:00 pm in the Lobby Reception Area adjacent to the City Clerk’s Office for Historical and Landmarks Commission Interviews to fill a vacancy for the partial term ending June 30, 2016. The Council then met at 6:30 pm for a Closed Session in the Council Conference Room for 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); Conference with Real Property Negotiator pursuant to Government Code Section 54956.8; Property: transmission facilities and entitlements connecting the Westwing Substation, 11400 W. Hatfield Road, Peoria, Arizona, to the midpoint of the Victorville-Lugo transmission line; Negotiating Party: Phillip C. Grigsby, Duke-American Transmission Company, 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 Legal Counsel-Existing Litigation pursuant to Government Code Section 54956.9(a); Northern California Power Agency, et al. v. The United States, United States Court of Federal Claims No. 14-817C; 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

 

 

 

 

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 Attorney – 10/24/14).

 

 

 

     The Council reconvened in the Council Chambers at 7:00 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: Assistant City Manager – Alan Kurotori, City Attorney and City Clerk/Auditor.

 

 

 

     MOTION was made by O’Neill, seconded and unanimously carried, that the Minutes for the meeting of September 30, 2014 be adopted as written.

 

 

 

     Earlier in the evening, the Council met in the Lobby Reception Area adjacent to the City Clerk’s Office to hold interviews to fill one vacancy on the Historical and Landmarks Commission for the partial term ending June 30 2014. MOTION was made by Mahan, seconded and unanimously carried, that the Council appoint Robert Stephen Estes to the Historical and Landmarks Commission for the partial term ending June 30, 2016 (City Clerk/Auditor – 10/15/14).

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (10/06/14), the Council set the salary for Resource Analyst II candidate Peter Virasak at Step 4 of the salary range for A-35.

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Finance/Assistant City Manager’s memo (10/15/14), the Council accept the Monthly Financial Status Reports for August 2014.

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (10/15/14), the Council approve the use of City Electric forces for the installation of facilities at the Gianera Water Tanks and 3051 Homestead Road.

 

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Planning and Inspection’s memo (10/09/14), the Council adopt Resolution No. 14-8177 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, APPROVING THE 2015 PLANNING COMMISSION CALENDAR OF MEETINGS” which sets the 2015 Planning Commission Calendar of Meetings.

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Management Analyst’s memo (10/15/14), the Council approve and authorize the publication of the December 2014 Mission City SCENES.

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Assistant City Manager’s memo (10/22/14), the Council note and file the October 2014 update of the Six-Month Strategic Objectives from July 1, 2014 through December 1, 2014 of the 2013-2015 Council Strategic Plan and set the next update for December 16, 2014.

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (10/15/14), the Council adopt Resolution No. 14-8178 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA GRANTING AUTHORITY TO APPROVE AND EXECUTE MASTER SERVICE AGREEMENTS TO SUPPORT THE SILICON VALLEY POWER FIBER ENTERPRISE” which grants authority to the City Manager to approve and execute data center Master Service Agreements and service orders to enable existing Silicon Valley Power (SVP) Fiber Lessees to continue to serve their customers at data centers located in Santa Clara.

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (10/15/14), the Council approve, and authorize the City Manager to execute, Amendment No. 1 to Call No.13-1 for Professional Services with LinkPath Communications, Inc. to extend the term until February 14, 2015 and to increase the cost by $40,000, for a total not to exceed amount of $160,000, for operations and engineering wireless network support and Amendment No. 1 to Call No.13-2 for Professional Services with LinkPath Communications, Inc. to extend the term until February 14, 2015 and to increase the cost by $20,000, for a total not to exceed amount of $102,200, for Tier 3 Wireless Network Support for the Silicon Valley Power (SVP) MeterConnect Wi-Fi System.

 

 

 

 

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (10/15/14), the Council approve, and authorize the City Manager to execute, Call No. 14-2 for Professional Services with Schweitzer Engineering Laboratories, Inc., in an amount not to exceed $160,607.78, to provide general engineering services for Electric Department substations.

 

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (10/15/14), the Council approve, and authorize the City Manager to execute, Call No. 14-3 for Professional Services with Milton Security Group, LLC., in an amount not to exceed $158,835.20, for Network Systems Services to assist the System Support Area in the Electric Department.

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (10/15/14), the Council approve, and authorize the City Manager to execute, Call No. 14-4 for Professional Services with Milton Security Group, LLC., in an amount not to exceed $287,040, for Project Managers to assist the Electric Department Systems Support Division.

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (10/15/14), the Council approve, and authorize the City Manager to execute, Call No. 14-6 for Professional Services with Milton Security Group, LLC., in an amount not to exceed $23,400, for Subscriber Management and Subject Matter Expertise Services for the Electric Department Marketing Division.

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (10/15/14), the Council approve, and authorize the City Manager to execute, the Electric Service Agreement with Digital Realty Trust, L.P. for the purchase of electricity on a long-term basis in exchange for certain discounted rates.

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (11/04/14), the Council approve, and authorize the City Manager to execute, Change Order No. 1 to the Public Works Contract with Granite Construction Company, Inc. for the Santa Clara Various Streets and Roads Preservation Project, in the amount of $251,977.50, to allow modifications to the work on Lincoln Street (CE 13-14-04) and approve an increase in funding, in the amount of $251,977.50, for the Project (CE 13-14-04).

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (10/15/14), the Council approve, and authorize the City Manager to execute, Change Order No. 3 to the Public Works Contract 2114K A&B with Redgwick Construction Company, in the amount of $18,090, for a total amount of $391,584.25, for offsite paving for the Mission Substation Project.

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (10/15/14), the Council approve, and authorize the City Manager to execute, Amendment No. 1 to the Agreement for the Performance of Services with SOS Intl., in an amount not to exceed $106,000, to provide managed training services to Silicon Valley Power (SVP) Electric and Water System Operators.

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Parks and Recreation’s memo (10/14/14), the Council approve, and authorize the City Manager to execute, a Contribution Agreement with the Santa Clara Unified School District, in an amount not to exceed $108,450, to support the Extended Day Care/Latchkey Program.

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the City Attorney/General Counsel/Police Department’s memo (10/28/14), 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 City and County of San Francisco Sheriff's Department regarding Special Law Enforcement Units for Levi's Stadium events.

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that, per City Attorney/General Counsel/Police Department’s memo (10/28/14), 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 San Mateo County Sheriff's Office regarding Special Law Enforcement Units for Levi's Stadium events.

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Information Technology/CIO’s memo (10/20/14), the Council approve, and authorize the City Manager to execute, the California Integrated Information Network (CALNET 3) Authorization to Order under state contract with AT&T, in an amount not to exceed $400,000 annually, for telecommunication services, subject to budget appropriations.

 

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (10/21/14), the Council approve, and authorize the City Manager to execute, Call No. 14-3 for Professional Services with MTH Engineers, Inc., in an amount not to exceed $37,910.00, for preliminary engineering and fixture selection for the proposed Great America Parkway and Tasman Drive Street Lighting Improvement Project.

 

 

     MOTION was made by Davis, seconded and unanimously carried, that the Council note and file the Informational Memo entitled, “Recognition of the Camino del Ray Affordable Senior Apartment Community located at 2525 El Camino Real for achieving the Leadership in Energy & Environmental Design (LEED) Platinum Certification” (Director of Planning and Inspection – 10/09/14).

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that the Council note and file the Minutes of the Senior Advisory Commission for the meeting of August 25, 2014.

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that the Council note and file the Minutes of the Planning Commission for the meeting of August 20, 2014 (Director of Planning and Inspection – 10/15/14).

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that the Council note and file the Minutes of the Historical and Landmarks Commission for the meeting of September 4, 2014 (Director of Planning and Inspection – 10/09/14).

 

 

 

     Under Public Presentations, Scott Lane addressed the Council with comments of concern regarding access to San Tomas Creek Trail to Levi’s Stadium on event days. By consensus, the Council referred the issue to the City Manager.

 

     Tony Gonzalez, representing American Indian Movement West, addressed the Council with comments of concern regarding the name of the Washington football team.

 

     Deborah Bress also addressed the Council with comments of concern regarding San Tomas Creek Trail accessibility.

 

 

 

 

 

 

 

 

 

 

     MOTION was made by O’Neill, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (10/14/14), the Council approve, and authorize the City Manager to execute, the Funding Agreement between with Santa Clara Valley Transportation Authority (VTA) for the Limited 323 Bus Signal Priority Upgrades project to implement bus priority along Stevens Creek Boulevard; approve appropriations in the new CIP project, Stevens Creek Bus Priority Project (533-4433-80300-1374-(G) BSP15) and estimated revenue from VTA (533-4433-55580-1374 (G) BSP15) in the amount of $66,800; and approve the rollover of unexpended appropriations to future fiscal years.

 

 

 

     The Council proceeded to consider the approval to transfer $10,000,000 to the Working Capital Reserve and $2,976,370 to the Capital Projects Reserve from General Fund Operating Cash, effective June 30, 2014 and approve confirmation of the current reserve targets for the Working Capital and Capital Projects Reserves. Assistant City Manager Kurotori reviewed the Director of Finance/Assistant City Manager’s memo (10/22/14) and the Council made general comments. MOTION was made by Marsalli, seconded and unanimously carried, that the Council approve a transfer of $10,000,000 to the Working Capital Reserve (063-44421), and $2,976,370 to the Capital Projects Reserve (063-44422) from General Fund Operating Cash (001-12010), effective June 30, 2014, and approve confirmation of the current reserve targets for the Working Capital and Capital Projects Reserves.

 

 

 

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

 

 

 

     Under Reports of Councilors and Special Council Committees, Mayor Matthews reported on his recent attendance at community events (provided handout).

 

     Council Member O’Neill reported on her attendance of the Peninsula Division League of California Cities to hear a presentation on the topic of water.

 

 

 

     The City Attorney reported that, earlier this evening, the Council met for a Closed Session 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 there was no reportable action; Conference with Real Property Negotiator pursuant to Government Code Section 54956.8; Property: transmission facilities and entitlements connecting the Westwing Substation, 11400 W. Hatfield Road, Peoria, Arizona, to the midpoint of the Victorville-Lugo transmission line; Negotiating Party: Phillip C. Grigsby, Duke-American Transmission Company, 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 there was no reportable action; Conference with Legal Counsel-Existing Litigation pursuant to Government Code Section 54956.9(a); Northern California Power Agency, et al. v. The United States, United States Court of Federal Claims No. 14-817C and the Council unanimously approved to amend its existing litigation agreement with the other NCPA members to provide an opt-out provision in the event of an adverse final decision in the Court of Claims; 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 there was 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(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 there was no reportable action.

 

 

 

     The Council duly set November 18, 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 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 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 Attorney – 10/24/14).

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that, there being no further business, the Council adjourn the meeting at 7:22 pm to Tuesday evening, November 18, 2014 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