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

 

October 25, 2016

 

 

5:00 PM STUDY SESSION

6:00 PM BOARD OF LIBRARY TRUSTEES INTERVIEWS

6:30 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.

5:00 PM STUDY SESSION:

 

A.

Confirmation of Quorum.

CC

 

2.

ANNOUNCEMENT OF STUDY SESSION:

 

A.

Presentation by the Plenary Group regarding the Public Private Partnership Approach for Financing the International Swim Center & Community Recreation Center Project.

CC

 

3.

6:00 PM BOARD OF LIBRARY TRUSTEES INTERVIEWS (Reception area adjacent to the City Clerk's Office):

 

4.

6:30 PM CLOSED SESSION CALL TO ORDER:

 

A.

Confirmation of Quorum.

CC

 

5.

ANNOUNCEMENT OF CLOSED SESSION:

 

A.

Conference with Labor Negotiators Pursuant to Government Code Section 54957.6; City representative: Rajeev Batra, Acting 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-Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(4) - Initiation of litigation; Number of potential cases: 1.

CC

 

·         ACTION:

The Council voted 5 to 0 (Marsalli abstaining) (Kolstad absent) to authorize the initiation of litigation.  The substance of the action and parties will be reported after the action is initiated pursuant to Government Code Section 54957.1(a)(2).

 

 

·         ASSIGNMENT:

City Attorney

 

 

C.

Conference with Legal Counsel-Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2) - Exposure to litigation; Number of potential cases: 1; City as potential defendant: Possible detection of hazardous substances within Electric Utility substations.

CC

 

·         ACTION:

No Reportable Action

 

 

D.

Conference with Legal Counsel-Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): Joseph Wierzbicki v. City of Santa Clara, Workers' Compensation Appeals Board No. ADJ9834158. 

CC

 

·         ACTION:

No Reportable Action

 

 

E.

Conference with Legal Counsel-Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): City of San Jose v. City of Santa Clara, et al., Santa Clara County Superior Court Case No. 16V298317.

CC

 

·         ACTION:

No Reportable Action

 

 

6.

PUBLIC COMMENT REGARDING CLOSED SESSION:

 

7.

RECESS TO CLOSED SESSION (Council Conference Room):

 

8.

7:00 PM REGULAR MEETING CALL TO ORDER:

 

9.

PLEDGE OF ALLEGIANCE AND STATEMENT OF VALUES:

 

10.

ROLL CALL:

 

 

 

 

 

A.

Present: Members Caserta, Davis, Marsalli, O'Neill and Watanabe and Mayor/Chairperson Gillmor.  Absent: Member Kolstad.

 

 

11.

APPROVAL OF MINUTES:

 

A.

September 20, 2016.

CC SA SOSA HA

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

 

 

Stadium Authority Secretary

 

 

 

Authority Secretary

 

 

 

Clerk

 

 

B.

September 27, 2016.

CC SA SOSA HA

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

 

 

Stadium Authority Secretary

 

 

 

Authority Secretary

 

 

 

Clerk

 

 

12.

CONTINUANCE/EXCEPTIONS:

 

13.

SPECIAL ORDER OF BUSINESS:

 

A.

Appointment of one applicant to fill the vacancy on the Board of Library Trustees for the partial term ending June 30, 2017.

CC

 

·         ACTION:

Appointed David Kyo for the partial term ending June 30, 2017.

 

 

·         ASSIGNMENT:

City Clerk

 

 

B.

Presentation: Promote the filling of one (1) partial term vacancy on the Senior Advisory Commission.

CC

 

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 plans and specifications for the Westside Retention Basin Desilting Project to perform desilting of the basin and authorization to advertise for bids (CE 16-17-03).

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Public Works

 

 

2.

Note and file the Monthly Financial Status Reports for August 2016.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

 

3.

Approval of the use of City Water Utility forces to abandon and remove an existing 6" reclaimed water line on Kaiser Drive and perform all work associated with the removal.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Water and Sewer

 

 

4.

Adoption of a Resolution dedicating certain portion of real property owned by the City located at 1000 Lafayette Street for use as a public sidewalk easement and authorization to record [APN 269-22-089 (2016-17); SC 18,866].

CC

 

·         ACTION:

Adopted Resolution No. 16-8374

 

 

·         ASSIGNMENT:

Dir. Public Works

 

 

5.

Approval of the use of City Electric forces for the installation of facilities on the north side of Scott Boulevard at Coronado Drive; 2050 Martin Avenue; north side of Octavius Drive north of Scott Boulevard; and 2121 Laurelwood Road.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Electric

 

 

6.

Pass to print an Ordinance amending Chapter 15.15 ("Building Code"), Chapter 15.17 ("Residential Code"), Chapter 15.20 ("Electric Code"), Chapter 15.30 ("Mechanical Code"), Chapter 15.35 ("Plumbing Code"), and Chapter 15.75 ("International Existing Building Code"), and adding Chapter 15.36 ("Energy Code"), Chapter 15.37 ("Historical Building Code"), and Chapter 15.38 ("Green Building Standards Code"), to Title 15 ("Buildings and Construction") of "The Code of the City of Santa Clara, California" for the adoption of the 2016 California Building Code, 2016 California Residential Code, 2016 California Electrical Code, 2016 California Mechanical Code, 2016 California Plumbing Code, 2016 California Existing Building Code, 2016 California Energy Code, 2016 California Historical Building Code, and 2016 California Green Building Standards Code; and set a public hearing on November 22, 2016 pursuant to California Government Code Section 50022.3 for the adoption of the Ordinance.

CC

 

·         ACTION:

Pass to Print Ordinance No. 1960.

 

 

·         ASSIGNMENT:

City Attorney

 

 

 

 

 

B.

Agreements

 

 

1.

Approval of a Historic Property Preservation Agreement (Mills Act Contract) with applicant Neil Myers for the property located 1516 Homestead Road (PLN2016-12004).

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Community Development

 

2.

Approval of the Third Amendment to the Agreement providing for the implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Public Works

 

3.

Approval of the appropriation of $260,705.74 of Unallocated Gas Tax funds in the El Camino Real In-Pavement Warning Lights Crosswalk Project; approval of Amendment No. 1 to the Agreement for Design Professional Services with Kimley-Horn and Associates, Inc., increasing the not-to-exceed amount of the Agreement from $49,612 to $56,722, adding additional services for the El Camino Real Crosswalks Improvements Project; and approval of Change Order No. 1 to the construction contract with Columbia Electric, Inc., in the amount of $253,595.74, for the El Camino Real at Alpine Avenue, Buchanan Drive, Morse Lane, and Harrison Street Crosswalks Improvements Project (CE 15-16-05), increasing the total not-to-exceed amount from $812,520.20 to $1,066,115.94 and maintain the original construction contingency of $162,504.04.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Public Works

 

 

C.

Bills and Claims/Progress Payments

 

 

1.

Approval of Bills and Claims and Progress Payments.

CC SA SOSA HA

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Finance

 

 

D.

Reports for Information and Possible Action

 

 

1.

Proclamations issued July through September 2016 to individuals retiring with 30 or more years of service: Mark Vanni - Driver Engineer, Fire Department.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

2.

Healthier Kids Foundation - 2016 First Quarter Report.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

3.

Proposed rate increase for Electric Services for all classes of customers, effective January 1, 2017.

CC

 

·         ACTION:

Noted and Filed; requested more information on public outreach efforts related to the rate increase on a future report before December 2016.

 

 

·         ASSIGNMENT:

City Clerk

 

 

 

Dir. Electric

 

 

E.

Minutes to Note and File

 

 

1.

Board of Library Trustees - August 1, 2016.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

2.

Parks and Recreation Commission - August 16, 2016.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

3.

Senior Advisory Commission - August 29, 2016.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

4.

Cultural Commission - June 6, 2016.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

5.

Cultural Commission - August 1, 2016.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

 

F.

Routine Written Petitions for Approval

 

 

15.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

16.

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.

Status update on mobile fueling in the City.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

 

17.

REPORTS FOR ACTION:

 

A.

Approval of Fiscal Year 2015-2016 budget amendments as follows: 1) Transfer of appropriations of $4,639 from the City Manager's Office to the City Attorney's Office in the General Fund; 2) Increase of appropriation of $850,714 to Project 2005 - New Business Estimate Work from unallocated Developer Contributions collected in the Electric Utility Fund; 3) Transfer of appropriations of $27,772 from Project 2006 - Distribution Capital Maintenance and Betterments to Project 2416 - Black Butte Afterbay Erosion Remediation in the Electric Utility Fund; 4) Transfer of appropriations of $11,985 from Project 6136 - Historic Buildings-Improvement to Grounds to Project 6138 - Repairs-Modifications to City Buildings in the Public Buildings Fund; and 5) Increase of appropriation of $27,073 to Project 1910 - Sanitary Sewer Modeling from unallocated Sewer Modeling Fee revenues collected in the Sewer Utility Capital Improvement Project (CIP) Fund.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Finance

 

 

B.

Approval of the following transfers: 1) $7,054,701 to the Building Inspection Reserve from 2015-2016 General Fund operating surplus; 2) $406,767 to the Special Liability Fund Reserve from 2015-2016 General Fund operating surplus and from other fund equity balances; and 3) $17,395,600 to the Capital Projects Reserve and the carryforward of and 2016-2017 appropriation of $5 million to establish an irrevocable pension trust funded from 2015-2016 General Fund operating surplus.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Finance

 

 

18.

STADIUM AUTHORITY ITEMS:

 

A.

Informational Report: San Tomas Aquino Creek Trail and Large Scale Levi's Stadium events.

SA

 

·         ACTION:

Referred to Bicycle and Pedestrian Advisory Committee (BPAC) for further exploration and alternatives.

 

 

·         ASSIGNMENT:

Dir. Public Works

 

 

1.

Approval of the Legal Services Agreement with Goldfarb & Lipman LLP for $150,000 for continuing legal representation related to the Stadium Authority.

SA

 

·         ACTION:

Continued to the meeting of November 15, 2016.

 

 

·         ASSIGNMENT:

Stadium Authority General Counsel

 

 

19.

BOARD AND COMMISSIONS FOR ACTION:

 

A.

Senior Advisory Commission - Minutes of September 26, 2016: Request to note and file.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

 

1.

Adoption of a Resolution authorizing the City Manager to apply for participation in the World Health Organization's Age-Friendly City Global Network.

CC

 

·         ACTION:

Adopted Resolution No. 16-8375

 

 

·         ASSIGNMENT:

Dir. Parks & Recreation

 

 

20.

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.

Ken Kratz made general comments of concern regarding transportation issues.

 

 

B.

Scott Lane made general comments of concern regarding transportation issues.

 

 

C.

Harbir K. Bhatia provided an update regarding Cultural Commission efforts.

 

 

D.

Deborah Bress expressed general comments of concern.

 

 

E.

Hosam Haggag made comments of concern regarding the Lobbyist Ordinance.

 

 

21.

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

 

A.

Reports regarding conference attendance, if any.

CC SA SOSA HA

 

B.

Presentation: 30th Sister City Anniversary Celebration with Izumo, Japan Delegation.

CC

 

22.

CITY MANAGER/EXECUTIVE DIRECTOR REPORTS:

 

23.

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS:

 

 

 

24.

ADJOURNMENT:

 

A.

In Memory of James Ben Ybarra (retired City employee, cherished husband, father, brother, uncle, grandparent, co-worker, friend and neighbor); and Edna Lee Mapstone (author of numerous articles, loving mother, true friend and a fantastic wife)l The next regular scheduled meeting is on Tuesday evening, November 15, 2016, in the City Hall Council Chambers.

CC SA SOSA HA