MINUTES OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA
FOR MEETING HELD ON TUESDAY EVENING, MAY 14, 2013

 

 

     The City Council of the City of Santa Clara met at 5:30 pm, on the above-mentioned date, in the City Hall Council Chambers with the following Council Members present:  Debi Davis, Lisa M. Gillmor, Patrick Kolstad, Patricia M. Mahan, Jerry Marsalli and Teresa O’Neill.  The Vice Mayor called for public comment and, there being none, the Council adjourned to 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 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 - International Brotherhood of Electrical Workers (IBEW), Local 1245; Unit #4 - City of Santa Clara Professional Engineers; Units #5, 7 & 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; Unit #10 - Public Safety Non-Sworn Employees Association (PSNSEA); Conference with Real Property Negotiator pursuant to Government Code Section 54956.8, Property:  APN 224-37-068, Negotiating Party(ies):  Sargiz Isaac, Sunnyvale Imports dba Stevens Creek Hyundai, Inc., City Negotiator:  Julio Fuentes, City Manager (or his designee), Under Negotiation:  Purchase/Sale/Exchange/Lease/License of Real Property (provisions, price and terms of payment); and City Council/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 (City Attorney’s memos – 05/09/13).

 

 

 

     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 Statement of Values.

 

 

 

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

 

     Staff present: City Manager, Assistant City Manager, 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 (Matthews absent), that the Council excuse Mayor Matthews from attendance at this evening’s meeting (Executive Assistant to Mayor and City Council – 05/14/13).

 

 

 

     As a Special Order of Business, the Council proceeded with the promotion of an opportunity to serve on the Civil Service Commission (Director of Human Resources - 05/08/13).  Chairperson Steve Chan addressed the Council and summarized the duties and responsibilities of the Commission.

 

 

 

     Also as a Special Order of Business, the Council proceeded with the promotion of an opportunity to serve on the Senior Advisory Commission (Director of Parks and Recreation - 05/08/13).  Commissioner Alice Pivacek addressed the Council and gave an electronic presentation regarding the duties and responsibilities of the Commission.

 

 

 

     Also as a Special Order of Business, the Council proceeded with the presentation of Youth Commission Scholarships for 2013; recognition of outgoing Youth Commissioners; and the appointment of three candidates and reappointment of twelve members to serve a one year term on the Youth Commission for 2013-14.  The Teen Center Supervisor introduced Youth Commissioner Sufyan Abbasi who presented scholarships to Nathan Sanford ($1,000), Huda Alawi ($800), Ayumi Gothberg ($600) and Victoria Chavez ($600) (Director of Parks and Recreation – 05/06/13).  The Council then recognized the following outgoing Commissioners:  Sufyan Abbasi (4 years), Kristin Oswald (2 years) and Deepika Suresh (2 years) (Director of Parks and Recreation – 05/06/13).  The Teen Center Supervisor addressed the Council and introduced the recommended candidates for appointment and reappointment to the Youth Commission for 2013-14.  MOTION was made by Davis, seconded and unanimously carried (Matthews absent), that the Council appoint Karla Cisneros, Emily Packer and Ryan Winter and reappoint Samia Abbasi, Ajaipal Chahal, Devleena Das, Jeffrey Hara, VyVy Nguyen, Sheryl Ratnam, Andrew Rauschhuber, Rafal Saeed, Hannah Villalpando, Michelle Vo, Shana Vu and Ashley Wong to serve on the Youth Commission for 2013-14 (Director of Parks and Recreation – 05/03/12).  Photographs were taken.

 

 

 

     As a Special Order of Business, the Vice Mayor/Chairperson opened a Joint City Council, Sports and Open Space Authority (SOSA), Housing Authority, Stadium Authority and Successor Agency to the City of Santa Clara Redevelopment Agency Study Session to Review the Proposed Capital Improvement Project (CIP) Budget for Fiscal Year 2013-14.  The City Manager/Contract Administrator/Executive Director/Executive Officer introduced the item.  The Director of Finance/Director of Finance, SOSA/Housing Authority Treasurer/and Finance Director/Treasurer/Auditor for Stadium Authority gave an electronic presentation which provided an overview of the budget briefings and public meetings for the City’s proposed budget (memo – 05/07/13).  He indicated that the public hearing for adoption of the 2013-14 Budget is scheduled for June 11, 2013.  He then summarized the proposed combined CIP budget, which totals $77.2 million.  He presented graphs illustrating the CIP funding from Streets and Highways, General Government, Enterprise and Authority Funds and the proposed CIP appropriations by theme (Santa Clara Utilities; Public Systems and Facilities; Economic Development/ Business Retention; Community Information and Technology; and Land Use and Housing Programs).  He reviewed the General Fund Contingency Reserve funding of proposed capital projects.  The City Manager/Contract Administrator/Executive Director/Executive Officer concluded the presentation with comments regarding the proposed projects funded from the General Fund Contingency Reserve which are in areas that will directly impact the community.

    

 

 

     PUBLIC HEARING:  The Vice Mayor opened the Public Hearing to consider the adoption of a Resolution approving a rezoning from Single-Family (R1-6L) to Planned Development (PD) for the project located at 1091 Fremont Street, subject to conditions.  Council Member Mahan stated that she had a conflict of interest with the item (lives in the area) and stepped down from the dais.  The Director of Planning and Inspection summarized his memo (05/07/13) and the history of the project.  A Council discussion followed and the Director of Planning and Inspection answered Council questions. Architect Sal Caruso addressed the Council and requested approval of the project.  There being no further public input, MOTION was made by Gillmor, seconded and carried with Mahan abstaining (lives in the area) (Matthews absent), that the Council close the public hearing. MOTION was then made by Gillmor, seconded and carried with Mahan abstaining (lives in the area) (Matthews absent), that the Council adopt Resolution No. 13-8037 entitled “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, APPROVING A REZONING FROM R1-6L (SINGLE-FAMILY) TO PD (PLANNED DEVELOPMENT) FOR THE PROJECT LOCATED AT 1091 FREMONT STREET, SANTA CLARA”, which approves the rezoning from Single-Family (R1-6L) to Planned Development (PD) for the project located at 1091 Fremont Street, subject to conditions (PLN2010-08245).  Council Member Mahan returned to the dais.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Matthews absent), that, per the Director of Electric Utility’s memo (05/02/13), the Council set the salary for Electric Utility Network Administrator Noel Sioxson at Salary Schedule A, Grade 43, Step 5.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Matthews absent), that, per the Director of Electric Utility’s memo (05/07/13), the Council approve the use of City Electric forces for the installation of facilities at 808 Kiely Boulevard and 900 Kiely Boulevard.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Matthews absent), that, per the Interim Liaison to the Cultural Advisory Commission’s memo (05/03/13), the Council refer the Miss Santa Clara Auxiliary budget request for $12,000 to the May 21, 2013 Budget Study Session for Fiscal Year 2013-14.

 

 

    

     MOTION was made by Gillmor, seconded and unanimously carried (Matthews absent), that, per the Director of Public Works/City Engineer’s memo, the Council accept the public improvements, including installation of new sidewalk, curb, gutter, driveway, storm drain, sanitary sewer lateral, and bus pad, performed by Hensel Phelps for Site 7089, EP 12,821, APN 216-28-131 located at 2565 and 2625 Walsh Avenue and authorize recordation of a Notice of Completion with the County Recorder.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Matthews absent), that, per the Director of Public Works/City Engineer’s memo, the Council accept the public improvements, including installation of water, electric, sanitary sewer, driveway, curb and gutter and sidewalk, performed by Devcon Construction for Site 6942-6943, EP 12,034, APN 224-44-21, 22 and 23 located at 2115 Lawson Lane and authorize recordation of a Notice of Completion with the County Recorder.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Matthews absent), that, per the Director of Electric Utility and Public Communications Manager’s memo (05/06/13), the Council refer the Joint Venture: Silicon Valley Network budget request for $25,000 to the May 21, 2013 Budget Study Session for Fiscal Year 2013-14.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Matthews absent), that, per the Public Communications Manager’s memo (05/07/13), the Council refer the disposition of funds from the Give A Little…Help A Lot community donation campaign to the May 21, 2013 Budget Study Session for Fiscal Year 2013-14, with recommendation that the Cultural Advisory Commission provide input on the use of donations made to Art in Public Places, Concerts in the Park and Keep Santa Clara Clean and note and file the Give A Little…Help A Lot Campaign’s progress report.

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Matthews absent), that, per the Director of Electric Utility’s memo (05/07/13), the Council approve and authorize the City Manager to execute Call No. 13-1 for Professional Services with Energy & Resource Solutions, Inc., in an amount not to exceed $1,121,516, for management and administration of the Business Energy Efficiency Public Benefit Program for Fiscal Year 2013-14.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Matthews absent), that, per the Director of Parks and Recreation’s memo (05/07/13), the Council approve and authorize the City Manager to execute the Agreement for the Performance of Services with Parker Security and Locksmith Services, in an amount not to exceed $65,000, for the 2013 Santa Clara Senior Center Americans with Disabilities Act (ADA) Improvements Automated Door Opener Project.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Matthews absent), that, per the Director of Electric Utility’s memo (05/07/13), the Council approve and authorize the City Manager to execute the Fiber Lease Agreement with Lit San Leandro, LLC for a Short-Term Fiber Lease in support of the June 3-9, 2013 M2M Challenge Contest as part of a sponsorship for the “Annual Connected World Conference”.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Matthews absent), that, per the Director of Information Technology’s memos (05/02/13 and 05/13/13 - revised at meeting), the Council approve and authorize the City Manager to execute an Agreement for the Performance of Services with Packet Fusion, Inc., in the amount of $211,550, to implement Phase I and II of a Voice Over IP (VoIP) Telephony System and in the amount of $624,450 (upon adoption of the Fiscal Year 2013-14 Budget) for Phase III and IV, for a total contract amount not to exceed $836,000 and authorize the execution of any related documents.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Matthews absent), that, per the Director of Electric Utility’s memo (05/07/13), the Council approve and authorize the City Manager to execute the Work for Others Agreement No. 64556 with Battelle Memorial Institute, Pacific Northwest Division, in an amount not to exceed $125,000, for a study on the potential impacts of increasing the use of solid state lighting with lighting controls; approve estimated Demonstration of Energy & Efficiency Developments (DEED) grant revenue in the amount of $65,000 from the American Public Power Association (191-1312-55580-[G]DEEDE) and appropriations in the amount of $65,000 (191-1312-87870-[G]DEEDE); and approve the use of $60,000 available in Fiscal Year 2012-13 budget (Contractual Services 191-1312-87870) to fund the study.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Matthews absent), that the Council note and file the Minutes of the Cultural Advisory Commission for the meeting of April 8, 2013 and the Planning Commission for the meeting of April 10, 2013.

 

 

 

     PUBLIC HEARING:  The Vice Mayor declared the Public Hearing open for consideration of the adoption of a Resolution establishing Water Rate Schedule 2013-01 and Recycled Water Rate Schedule 2013-02 for City service which sets the water rates for Fiscal Year 2013-14, effective immediately for water delivered on or after June 1, 2013 and billed beginning July 1, 2013 and adoption of a Resolution establishing Sewer Service Schedules S-13 which sets sewer service charges for Fiscal Year 2013-14 effective immediately for services provided on or after June 1, 2013 and billed on or after July 1, 2013.  The Director of Water and Sewer Utilities summarized his memo (04/11/13) and gave an electronic presentation outlining the proposed rates.  The City Clerk tabulated written protests against the increased rates submitted by owners of parcels within the City, which did not constitute a majority protest.  With no public input, MOTION was made by Mahan, seconded and unanimously carried (Matthews absent), that the Council close the public hearing.  MOTION was then made by Mahan, seconded and unanimously carried (Matthews absent), that the Council adopt Resolution No. 13-8038 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, ESTABLISHING WATER RATE SCHEDULE 2013-01 AND RECYCLED WATER RATE SCHEDULE 2013-02 FOR CITY SERVICE”, which approves Water Rate Schedule 2013-01 and Recycled Water Rate Schedule 2013-02 for City service and sets the water rates for Fiscal Year 2013-14, effective immediately for water delivered on or after June 1, 2013 and billed beginning July 1, 2013 and adopt Resolution No. 13-8039 entitled “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, PURSUANT TO SECTION 13.10.090 (ENTITLED ‘RATES - USERS WITHIN THE CITY’) OF THE ‘CODE OF THE CITY OF SANTA CLARA, CALIFORNIA’ ESTABLISHING MONTHLY SEWER CHARGES”, which approves Sewer Service Schedules S-13 which sets sewer service charges for Fiscal Year 2013-14 effective immediately for services provided on or after June 1, 2013 and billed on or after July 1, 2013.  The Council duly noted and filed the written protests received.

 

 

 

     PUBLIC HEARING: The Vice Mayor declared the hearing open for consideration of the adoption of a Resolution setting the overall rates to be charged to customers for collection and disposal of garbage, refuse, Clean Green, recycling, Annual Clean-Up Campaign and household hazardous waste in the residential, institutional and commercial property zoned areas for billing cycles beginning with the July 2013 billing cycle.  The City Manager introduced the item.  The Acting Assistant Director of Streets and Automotive Services summarized his memo (05/06/13) and gave an electronic presentation regarding the proposed rates.  The City Clerk tabulated written protests against the increased rates submitted by owners of parcels within the City, which did not constitute a majority protest.  With no public input, MOTION was made by Mahan, seconded and unanimously carried (Matthews absent), that the Council close the public hearing.  MOTION was then made by Mahan, seconded and unanimously carried (Matthews absent), that the Council adopt Resolution No. 13-8040 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, SETTING THE OVERALL RATES TO BE CHARGED TO CUSTOMERS FOR COLLECTION AND DISPOSAL OF GARBAGE, REFUSE, CLEAN GREEN, RECYCLING, ANNUAL CLEAN-UP CAMPAIGN, AND HOUSEHOLD HAZARDOUS WASTE IN THE CITY OF SANTA CLARA FOR BILLING CYCLES BEGINNING JULY 1, 2013”, which sets the overall rates to be charged to customers for collection and disposal of garbage, refuse, Clean Green, recycling, Annual Clean-Up Campaign and household hazardous waste in residential, institutional and commercial property zoned areas effective with the July 2013 billing cycle.  The Council duly noted and filed the written protests received.

 

 

 

     Howard Gibbins expressed his desire to continue operating a hot dog concession stand at the Great America train station.  The matter was referred to the City Manager by Council consensus.

 

 

 

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

 

 

 

 

 

 

 

 

 

     The City Attorney reported that earlier in the 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 representative: Julio 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 - International Brotherhood of Electrical Workers (IBEW), Local 1245; Unit #4 - City of Santa Clara Professional Engineers; Units #5, 7 & 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; Unit #10 - Public Safety Non-Sworn Employees Association (PSNSEA) and that there was no reportable action; a Conference with Real Property Negotiator pursuant to Government Code Section 54956.8, Property:  APN 224-37-068, Negotiating Party(ies):  Sargiz Isaac, Sunnyvale Imports dba Stevens Creek Hyundai, Inc., City Negotiator:  Julio Fuentes, City Manager (or his designee), Under Negotiation: Purchase/Sale/Exchange/Lease/License of Real Property (provisions, price and terms of payment and that there was no reportable action; and a Conference with Legal Counsel-Anticipated Litigation pursuant to Government Code Section 54956.9(a), potential initiation of litigation:  1 potential case and that there was no reportable action.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried (Matthews absent), that, per the City Attorney’s memo (05/09/13), the Council set May 21, 2013 at 5:30 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 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 - International Brotherhood of Electrical Workers (IBEW), Local 1245; Unit #4 - City of Santa Clara Professional Engineers; Units #5, 7 & 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 a 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 Mahan, seconded and unanimously carried (Matthews absent), that, there being no further business, the meeting was adjourned at 8:02 pm in Memory of Mary “Martha” Blair (mother of Parks and Recreation Commissioner Chuck Blair and long time Santa Clara resident) to May 21, 2013 at 5:30 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