MINUTES OF THE REGULAR CONCURRENT MEETING
OF THE CITY OF SANTA CLARA
CITY COUNCIL
SANTA CLARA STADIUM AUTHORITY
SPORTS AND OPEN SPACE AUTHORITY
CITY OF SANTA CLARA HOUSING AUTHORITY
TUESDAY, NOVEMBER 22, 2016

 

 

            The City Council, with a quorum present, met at 6:00 pm, on the above-mentioned date, in the City Hall Council Chambers.  The Council then met in the City Hall Reception area adjacent to the City Clerk’s Office for Interviews to fill a vacancy on the Senior Advisory Commission for one partial term ending June 30, 2017.

 

The City Council and Sports and Open Space Authority, with a quorum present, met at 6:30 pm in the City Hall Council Chambers.  With no public comment, the Council and Sports and Open Space Authority then met in the Council Conference Room for Closed Session.

 

The Council met for 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). [Member Davis recused herself from all Police Officers’ Association items]; a 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; and a Conference with Legal Counsel-Anticipated Litigation pursuant to Government Code Section 54956.9(d)(4) - Initiation of litigation; Number of potential cases: 1The Council and the Sports and Open Space Authority met for a Conference with Legal Counsel-Existing Litigation pursuant to Government Code Section 54956.9(d)(1); D.E. Restaurants, Inc. v. The City of Santa Clara, et al., Santa Clara Superior Court Case No. 1-15-CV-275606 (City Attorney - 11/17/16).

 

The City Council, Stadium Authority, Sports and Open Space Authority and Housing Authority convened at 7:05 pm in the City Hall Council Chambers and the regular Concurrent Meeting was opened with the recitation of the Pledge of Allegiance and Statement of Values.

 

Present: Members Dominic J. Caserta, Debi Davis, Teresa O'Neill and Kathy Watanabe and Mayor/Chairperson Lisa M. Gillmor.  Absent: Members Patrick Kolstad and Jerry Marsalli.

Staff present: Acting City Manager, City Attorney and City Clerk/Auditor.

 

MOTION was made by Davis, seconded and unanimously carried (Kolstad and Marsalli absent), that Member Marsalli and Member Kolstad be excused from attendance at this evening’s Concurrent Meeting.

 

MOTION was made by Davis, seconded and unanimously carried (Kolstad and Marsalli absent), that the Minutes for the Concurrent Meeting of October 25, 2016 be adopted as written.

 

MOTION was made by Davis, seconded and carried with Caserta abstaining (not present at the meeting) (Kolstad and Marsalli absent), that the Minutes for the Special Concurrent Meeting of November 1, 2016 be adopted as written.

 

MOTION was made by Davis, seconded and unanimously carried (Kolstad and Marsalli absent), that the Minutes for the Special Concurrent Meeting of November 10, 2016 be adopted as written.

 

As an exception to the Agenda, MOTION was made by Caserta, seconded and unanimously carried (Kolstad and Marsalli absent), that the Council consider earlier than agendized the Executive Director for Stadium Authority’s informational report entitled “Stadium Management Agreement Follow-up” and direct that it be considered after Special Order of Business at this evening’s meeting.

 

As a Special Order of Business, the Council proceeded to consider the City Clerk/Auditor’s report regarding the appointment of one applicant to fill the vacancy on the Senior Advisory Commission for the partial term ending June 30, 2017.  The Mayor stated that earlier in the evening in the City Hall reception area adjacent to the City Clerk’s Office the Council interviewed the following applicants:  Elphinstone James Birch and Vandana Upadhyay.  Applicant Sherl Chambliss submitted an email (11/22/16) requesting that her name be removed from the list of applicants.  MOTION was made by O’Neill, seconded and unanimously carried (Kolstad and Marsalli absent), that the Council appoint Elphinstone James Birch to the Senior Advisory Commission for the partial term ending June 30, 2017.

 

As a Special Order of Business, the Council proceeded to consider the Executive Assistant to the Mayor and City Council’s informational report regarding the presentation of proclamations to acknowledge Award Winning Educators in Santa Clara. Vice Mayor O’Neill recognized Ellin Klor, a Family Literacy Librarian, who was awarded the Toyota and the National Center for Families Learning 2016 Toyota Family Teacher of the Year runner-up award; Angie Scott, Physical Education Coordinator for the Santa Clara Unified School District, was awarded the 2016 Santa Clara Unified School District Teacher of the Year Award; and Jennifer Lee, a teacher at Cabrillo Middle School and the Director of the 49ers Science Technology, Education and Math (STEM) Leadership Institute who was awarded the Santa Clara County Office of Education’s STEM Teaching Award.  Ms. Klor and Ms. Scott were present, and the Mayor, on behalf of the Council, presented them with proclamations.  Photographs were taken.

 

As a Special Order of Business, the Council proceeded to consider the Community Relations Manager’s informational report for the promotion of Leadership Santa Clara 2017 – Leading Santa Clara into the Future.  Scott Summerfield, Program Coordinator, addressed the Council and spoke about the program, summarizing that it is designed to prepare members of the community to become active and informed local leaders.  Scott Lane made comments in support of the program.

 

The Stadium Authority proceeded to consider the Executive Director for Stadium Authority’s informational report regarding the Stadium Management Agreement Follow-up with a draft Demand Letter attached.  The Stadium Authority also noted the Executive Assistant to the Mayor and City Council’s informational reports regarding correspondence received regarding the item.  The Executive Director summarized the history of the item and reported that the Stadium Authority, at the November 15, 2016 meeting, directed the Executive Director to provide a verbal report at this evening’s meeting as to whether the Stadium Management Company (ManagementCo) had provided or made available for review all documents requested by the auditor, Harvey M. Rose Associates, LLC. (Rose Associates) and to have a “demand letter” ready to be transmitted to ManagementCo if the above requirements were not met.  The Stadium Authority also noted an additional draft Demand Letter which was presented to the Stadium Authority for consideration.  A Stadium Authority discussion followed and the Stadium Authority Counsel and Executive Director answered questions. Dan Goncher, Principal Analyst, Rose Associates, answered Stadium Authority questions and summarized recent auditing activities. He reviewed and answered questions regarding the checklist of documents requested by the Stadium Authority pursuant to the Stadium Management Agreement.  Harry O’Brien, ManagementCo Outside Counsel, reviewed the checklist of the documents that have been submitted. Scott Sabatino, ManagementCo Chief Financial Officer and Al Guido, ManagementCo President, answered Stadium Authority questions and provided additional information. The following individuals addressed the Stadium Authority with concerns:  Kirk Vartan (provided a letter), Dorothy Rosa, Bob O’Keefe (provided handout), Burt Field, Tim Thompson, Ricci Herro, Richard Bonito, Scott Lane, Howard Gibbins, Howard Myers, Tino Silva, Thomas Meyer, Deborah Bress, Michelle Ryan, Hosam Haggag, Lou Faria and Liz Kashishin.  A Stadium Authority discussion followed and the Stadium Authority Counsel answered questions.  MOTION was made by O’Neill, seconded and unanimously carried (Kolstad and Marsalli absent), that the Stadium Authority authorize the Stadium Authority Executive Director by the end of the day on November 23, 2016 to transmit a letter entitled “Stadium Management Agreement Notice of Breach” to Jim Mercurio, ManagementCo Vice President, Stadium Operations & General Manager, requesting that the documents identified on the checklist to be physically delivered to City Hall pursuant to the Stadium Management Agreement.

 

At this time, there was a short recess.

 

Tino Silva addressed the Council in support of the agendized request for Championship Team Funding submitted by Santa Clara Host Lions Football Club, Inc. and provided information on the Wade Brummal Scholarship Program.

 

MOTION was made by Davis, seconded and unanimously carried (Kolstad and Marsalli absent), that, per the Human Resources Division Manager’s report, the Council approve the Stipulations with Request for Award, as recommended by the City’s Workers’ Compensation legal counsel, to settle the claims for the injuries Norman Henry, Police Sergeant, sustained on December 16, 2013 and cumulatively through November 12, 2014.

 

MOTION was made by Davis, seconded and unanimously carried (Kolstad and Marsalli absent), that, per the Assistant Director of Water and Sewer Utilities’ report, the Council approve the use of the City Water Utility forces to upgrade one existing six inch fire service with reduced pressure detection assembly at 5451 Patrick Henry Drive.

 

MOTION was made by Davis, seconded and unanimously carried (Kolstad and Marsalli absent), that, per the Director of Public Works/City Engineer’s report, the Council adopt Resolution No. 16-8379 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, DEDICATING THAT CERTAIN PORTION OF REAL PROPERTY OWNED BY THE CITY OF SANTA CLARA LOCATED AT SOUTHEAST CORNER OF EL CAMINO REAL AND MONROE STREET FOR USE AS AN UNDERGROUND ELECTRIC EASEMENT [APN 269-03-130 (2016-17)]” which dedicates an Underground Electric Easement within City-Owned Land at the southeast corner of El Camino Real and Monroe Street and authorize the recordation of the Resolution (S.C. 18,884).

 

MOTION was made by Davis, seconded and unanimously carried (Kolstad and Marsalli absent), that, per the Director of Human Resources’ report, the Council approve the Revised Job Description for Principal Planner.

 

MOTION was made by Davis, seconded and unanimously carried (Kolstad and Marsalli absent), that, per the Director of Finance’s report, the Council note and file the Monthly Financial Status Reports for September 2016.

 

MOTION was made by Davis, seconded and unanimously carried (Kolstad and Marsalli absent), that, per the Director of Public Works/City Engineer’s report, the Council approve the Bicycle and Pedestrian Advisory Committee’s recommendation to appoint Craig Larsen, Rafael Rius and Diane Harrison to serve three-year terms on the Bicycle and Pedestrian Advisory Committee that will expire on December 31, 2019 and Ken Kratz to serve the remaining year of Abigail Shull's term that will expire on December 31, 2017.

 

MOTION was made by Davis, seconded and unanimously carried (Kolstad and Marsalli absent), that, per the Director of Finance’s report, the Council accept the Santa Clara Convention Center and Convention-Visitor's Bureau Activity Report for Fiscal  Year 2016-2017 first quarter, as submitted by the Santa Clara Chamber of Commerce and Convention-Visitor's Bureau.

 

MOTION was made by Davis, seconded and unanimously carried (Kolstad and Marsalli absent), that, per the Director of Human Resources’ report, the Council establish the Salary Schedule and Range for Police Training Coordinator as A-26.

 

MOTION was made by Davis, seconded and unanimously carried (Kolstad and Marsalli absent), that, per the Director of Parks & Recreation’s report, the Council approve and authorize the City Manager to execute Amendment No. 2 to the Performance of Services Agreement with Contemporary Services Corporation, increasing the amount by $108,081, for a total not-to-exceed amount of $240,395, to provide private security services at City sponsored special events and Park and Recreation programs and locations through January 31, 2018.

 

MOTION was made by Davis, seconded and unanimously carried (Kolstad and Marsalli absent), that, per the Director of Community Development’s report, the Council approve the addition of the property located at 660 Jefferson Street to the City's Architecturally or Historically Significant Properties List and approve and authorize the City Manager to execute the Historic Property Preservation Agreement (Mills Act Contract) with applicants Seth and Casey Hiatt (PLN2016-12150).

 

MOTION was made by Davis, seconded and unanimously carried (Kolstad and Marsalli absent), that, per Assistant City Manager Ruth Shikada’s report, the Council adopt Resolution No. 16-8380 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA, CALIFORNIA AUTHORIZING AMENDMENTS TO GROUND LEASES WITH THE IRVINE COMPANY FOR GATEWAY PARCEL 1 AND GATEWAY PARCEL 3” which approves and authorizes the City Manager, or designee, to execute Amendments to the Ground Leases with the Irvine Company on Gateway Parcel 1 and Gateway Parcel 3 generally located at Great America Way and Great America Parkway.

 

MOTION was made by Davis, seconded and unanimously carried (Kolstad and Marsalli absent), that the Council/Authorities approve the payment of the Bills and Claims and Progress Payments.

 

MOTION was made by Davis, seconded and unanimously carried (Kolstad and Marsalli absent), that the Council note and file the Director of Community Development’s informational report entitled Publication of Notice of Availability of Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) Entitlement Funds and Availability of Fiscal Year 2017-2018 Application Form”.

 

MOTION was made by Davis, seconded and unanimously carried (Kolstad and Marsalli absent), that, per the Director of Parks & Recreation’s report, the Council approve the request (11/7/16) submitted by Santa Clara Vanguard Booster Club for Championship Team Funding in the amount of $10,000 for travel expenses to represent the City and participate in the 2017 Rose Parade in Pasadena, California, on January 2, 2017 and authorize the City Manager to execute a Contribution Agreement with the Club for the funding, subject to meeting the Guidelines for Funding Assistance through the Championship Team Fund, specifically noting that 50% of the participating youth be Santa Clara residents.

 

MOTION was made by Davis, seconded and unanimously carried (Kolstad and Marsalli absent), that per the Director of Parks & Recreation’s report, the Council approve the request (11/7/16) submitted by the Santa Clara Host Lions Football Club, Inc. for Championship Team Funding in the amount of $10,000 for travel expenses to represent the City and participate in the Pop Warner Super Bowl 60, Varsity and Junior Varsity Division, in Orlando, Florida from December 1-11, 2016 and authorize the City Manager to execute a Contribution Agreement with the Club for the funding, subject to meeting the Guidelines for Funding Assistance through the Championship Team Fund, specifically noting that 50% of the participating youth be Santa Clara residents.

 

MOTION was made by Davis, seconded and unanimously carried (Kolstad and Marsalli absent), that, per the Director of Community Development’s report, the Council approve, subject to conditions, the request submitted by Hanh Nguyen, Kaiser Permanente, for a Special Permit to allow a temporary 40 by 45 foot banner located at 700 Lawrence Expressway (PLN2016-12263).

 

MOTION was made by Davis, seconded and unanimously carried (Kolstad and Marsalli absent), that, per the Director of Community Development’s report, the Council approve, subject to conditions, the request (10/17/16) submitted by Jerry Cintas, Santa Clara First Baptist Church for a Special Permit for 2016 and 2017 to allow an Outdoor Christmas Pageant at the Santa Clara First Baptist Church located at 3111 Benton Street (PLN2016-12275).

 

MOTION was made by Davis, seconded and unanimously carried (Kolstad and Marsalli absent), that, per the Director of Community Development’s report, the Council approve, subject to conditions, the request (10/18/16) submitted by Donald Bordenave, Our Lady of Peace Church for a Special Permit to allow an extension of an existing temporary wireless telecommunication Cell on Wheels (COW) facility located at 2800 Mission College Boulevard through April 14, 2017 (PLN2016-12282).

 

PUBLIC HEARING: The Mayor declared the hearing open to obtain the community’s input on the City’s housing and community needs for its Fiscal Year 2017-2018 Annual Plan for the use of Federal Community Development Block Grant (CDBG) and Home Investment Partnerships Act Entitlement (HOME) Funds. The Director of Community Development reviewed his report and gave an electronic presentation regarding the City’s program goals and activities.  He answered Council questions.  The Council also noted a letter submitted by Wanda Hale, Program Manager, Long Term Care Ombudsman Program, which summarized the services provided by the Program.  Representatives from the following nonprofit agencies addressed the Council with comments:  Pilar Furlong, Bill Wilson Center; Jordan Dancer, Next Door Solutions to Domestic Violence/HomeSafe; Frances Nguyen, Project Sentinel; and Georgia Bacil, Senior Adults Legal Assistance.  Patrick Munar addressed the Council in support of funding.  Scott Lane and Deborah Bress addressed the Council with general comments. With no further input, MOTION was made by Caserta, seconded and unanimously carried (Kolstad and Marsalli absent), that the Council close the public hearing. Council Members made comments. MOTION was then made by Caserta, seconded and unanimously carried (Kolstad and Marsalli absent), that the Council note and file the community’s input on the housing and community needs for the Fiscal Year 2017-2018 Annual Plan for the use of CDBG and HOME funds.

PUBLIC HEARING: The Mayor declared the hearing open for consideration of the project located at 1479 and 1485 Bellomy Street.  The Director of Community Development reviewed his report and recommendations for approval of the project, subject to conditions, and answered Council questions.  He gave an electronic presentation on the project.  Applicants Robert and Julie Salinas addressed the Council in support of the project.  Scott Lane made general comments. With no further public input, MOTION was made by O’Neill, seconded and unanimously carried (Kolstad and Marsalli absent), that the Council close the public hearing. The Acting City Manager answered Council questions.  MOTION was then made by Davis, seconded and unanimously carried (Kolstad and Marsalli absent), that the Council adopt Resolution No. 16-8381 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA APPROVING A REZONING FROM R1-6L - SINGLE FAMILY RESIDENTIAL TO PD - PLANNED DEVELOPMENT OF THE PROPERTY LOCATED AT 1479 AND 1485 BELLOMY STREET, SANTA CLARA, CALIFORNIA” which approves a rezone from Single-Family Residential (R1-6L) to Planned Development (PD) (PLN2015-11438); adopt Resolution No. 16-8382 entitled A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, APPROVING THE TENTATIVE PARCEL MAP FOR THE PROPERTY LOCATED AT 1479 BELLOMY STREET, SANTA CLARA” which approves a Tentative Parcel Map to create a two lot subdivision (PLN2016-11983); approve adding the property with the house at 1479 Bellomy Street to the City's Architecturally or Historically Significant Properties List; and approve and authorize the City Manager to execute a Historic Property Preservation Agreement (Mills Act Contract) with owners Robert and Julie Salinas.

 

PUBLIC HEARING: The Mayor declared the hearing open for consideration of 1) the adoption of a Resolution approving the 2015 Urban Water Management Plan for the City of Santa Clara (2015 Water Management Plan) and 2) approval of the 2016 Report on the City’s Water Quality Program Relative to Public Health Goals Pursuant to the California Safe Drinking Water Act (California Health and Safety Code Section 116365) (2016 Report on Water Quality Program). The Acting City Manager introduced the items and the Assistant Director of Water and Sewer Utilities reviewed his report and gave an electronic overview of the 2015 Water Management Plan.  A Council discussion followed and the Assistant Director of Water and Sewer Utilities answered Council questions. Scott Lane and Deborah Bress made general comments. With no further public input, MOTION was made by O’Neill, seconded and unanimously carried (Kolstad and Marsalli absent), that the Council close the public hearing regarding the 2015 Water Management Plan. A Council discussion followed and the Assistant Director of Water and Sewer Utilities answered additional questions.  The Assistant Director of Water and Sewer Utilities proceeded with an electronic overview of the 2016 Report on Water Quality Program.  With no public input, MOTION was made by O’Neill, seconded and unanimously carried (Kolstad and Marsalli absent), that the Council close the public hearing regarding the 2016 Report on Water Quality Program.  MOTION was then made by Davis, seconded and unanimously carried (Kolstad and Marsalli absent), that the Council adopt Resolution No. 16-8383 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA APPROVING THE 2015 URBAN WATER MANAGEMENT PLAN” which approves the 2015 Urban Water Management Plan and approve the 2016 Report on the City’s Water Quality Program Relative to Public Health Goals.

 

PUBLIC HEARING: The Mayor declared the hearing open for consideration of the City Attorney’s report recommending adoption of Ordinance No. 1960 that amends 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 adds 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. The City Manager introduced the item and the Building Official gave an electronic presentation regarding the adoption of the new codes. With no public input, MOTION was made by O’Neill, seconded and unanimously carried (Kolstad and Marsalli absent), that the Council close the public hearing.  MOTION was then made by O’Neill, seconded and unanimously carried (Kolstad and Marsalli absent), that the Council adopt Ordinance No. 1960 which amends the Chapters of the respective Codes of “The Code of the City of Santa Clara, California”, as itemized above in this item.

 

The Council proceeded to consider the City Attorney’s report recommending approval of the Mission Cross Transfer and Removal Agreement with The President and Board of Trustees of Santa Clara College, dba Santa Clara University. The City Attorney reviewed his report regarding the Santa Clara University removing the Cross from the City’s Memorial Cross Park and transporting it to the University campus at no cost to the City.  Beverly Silva, President of the Santa Clara Host Lions Club, made comments in favor of the item.  A Council discussion followed and the City Attorney answered questions. MOTION was made by O’Neill, seconded and unanimously carried (Kolstad and Marsalli absent), that the Council approve and authorize the City Manager to execute the Mission Cross Transfer and Removal Agreement with The President and Board of Trustees of Santa Clara College, dba Santa Clara University for the transfer of the Cross.

 

The Council and Stadium Authority proceeded to consider the following Director of Human Resources’ reports recommending 1) Council approval of the new Job Description for Stadium Oversight Manager, set the control point at $16,849 per month, and add this specification to the City’s Conflict of Interest Code, Disclosure Category 1 and 2) Stadium Authority appointment of a three member Ad Hoc Sub Committee to provide input to the City Manager on the selection process of a Stadium Oversight Manager and 3) Council note and file the report.  Scott Lane and Deborah Bress addressed the Council and Stadium Authority with comments of concern.  MOTION was made by Davis, seconded and unanimously carried (Kolstad and Marsalli absent), that the Council and Stadium Authority postpone consideration of the reports indefinitely.

 

Member Caserta left the dais.

 

The Council and Stadium Authority proceeded to consider the Director of Finance/Finance Director for Stadium Authority’s report recommending that the Council and Stadium Authority note and file the Santa Clara Stadium Authority Financial Status Report for the quarter ending September 30, 2016. The Director of Finance/Finance Director Stadium Authority gave an electronic presentation summarizing the report and answered questions.  Deborah Bress and Scott Lane made comments of concern.  MOTION was made by O’Neill, seconded and unanimously carried (Caserta, Kolstad and Marsalli absent), that the Council note and file the Santa Clara Stadium Authority Financial Status Report for the quarter ending September 30, 2016, but not accepting the numbers since they could not be verified.

 

Under Public Presentations, Darius Holmes made comments of concern regarding public safety near Scott Lane Elementary School.  By Council consensus, the concern was referred to the City Manager.

 

Scott Lane made general comments regarding the possibility of convening a special meeting of the Bicycle and Pedestrian Advisory Committee (BPAC) in December to address the San Tomas Aquino Creek Trail Area.

 

Deborah Bress expressed general comments of concern.

 

Member O’Neill read a statement regarding standing together against hate crimes.

 

The Acting City Manager noted that the Council will hold a Special Meeting on November 29, 2016 which will include a Study Session regarding the 90 North Winchester Boulevard property [former Bay Area Research Extension Center (BAREC)].  He also announced the Annual Tree Lighting ceremony on December 2, 2016 between 5:00 pm and 9:00 pm and acknowledged City employees for their diligence, hard work and for having the best interest of the City in mind.

 

The City Attorney reported that, earlier in the evening, the Council met for 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). [Member Davis recused herself from all Police Officers’ Association items].  He reported that the Council took the following action: The City and the Santa Clara Employees’ Association (Units #5, 7 and 8) (Employees Association) met and conferred in good faith and agreed to amend the December 2015 - December 2017 Memorandum of Understanding effective the first full pay period following Council approval of the Side Letter Agreement which includes:  1) Night Differential (Section 13):  Current Section 13, entitled “Night Differential Pay” will be replaced in its entirety with the following:  “Employees will be eligible for 5% night differential pay for all hours worked between 6:00 pm and 8:00 am, so long as they work a minimum of 2 hours between 6:00 pm and 8:00 am; 2) Layoff Procedures (Section 28): Section 28 entitled “Layoff Policy” shall be amended to read as follows:

A.    The need for a layoff shall be determined by the City Manager.  One type of layoff is a reduction in force necessitated by financial shortfalls or deficits.  In the case of a reduction in force, the City Council shall adopt a resource allocation plan.  The resource allocation plan shall contain reasons for reduction and a listing of programs that are affected and the specific City classifications and numbers within each classification that shall be reduced.

B.   In the event of a layoff, the City agrees to meet and confer procedures on the impacts of the layoff with the Employees Association at least thirty (30) calendar days prior to the effective date of the layoff.  The parties discussions of a reduction in force may include Association recommendations as to how best to accomplish the reduction in force process with the least impact on represented employees, and to explore alternatives such as reductions in work hours, the possibility of a laid off employee moving to an as-needed position, freezing of merit pay increases or similar programs which will result in reducing the City’s labor costs.

C.   Order of Layoff:  The order of layoff shall be as follows: 

1.    In the case of a reduction in force as defined above, temporary (as-needed) employees performing any of the duties of the classification identified for reduction.

2.    Probationary employees in the classification identified for reduction.

3.    Permanent employees in inverse order of seniority within the classification identified for reduction. 

Seniority shall be determined by the length of current continuous, permanent service with the City regardless of classification in which employed.  Continuous service shall be defined as that which has not been interrupted by separation of service from the City.  Seniority shall be retained, but shall not accrue during any period of authorized leave without pay (more than 5 days), except for military leave.

D.   Required Notice:  When the City intends to layoff a represented employee, notice to the employee shall be in writing at least thirty (30) days prior to the effective date of the layoff.  The Employees Association shall receive concurrent notification of layoff.  The notice of layoff shall contain the following:

1.    Reason for layoff; 2. Effective date of layoff; 3. Opportunity to discuss with a representative of management; 4. Conditions governing re-employment; and 5. Information regarding unemployment insurance.

E.   Reassignment and Bumping:  Employees identified for lay-off shall have reassignment rights (bumping) as follows: 

1.    To the same classification in a different department or division based upon seniority as defined in Section C above.

2.    Accept a position in a lateral or lower class (i.e., same or lower salary range) in which he/she has permanent status, or a position in a lateral or lower class within the series containing the class from which the employee is being laid off, provided he/she is otherwise qualified and is more senior than the least senior employee in such lateral or lower class.

3.    Accept a position in higher class (i.e., higher salary range), provided he/she has held permanent status in such higher class, and further provided that the employee’s transfer from the higher class was voluntary and occurred during his/her current period of employment and provided he/she is otherwise qualified and is more senior than the least senior employee in such higher class.

4.    Accept a vacant position in a lateral or lower class for which he/she is otherwise qualified.

           An employee must notify Human Resources or his/her election in writing, including email, within seven (7) calendar days of receipt of written notice the employee has been identified for layoff. 

            Any employee entitled to an option noted above, which involves assignment to a lower classification, may elect to be placed on layoff in lieu of accepting such assignment to the lower class.  In the event the employee elects to be place on layoff, such employee will only be recalled to the classification from which the employee elected to be placed on layoff.  The decision to not accept assignment to a lower classification may adversely affect the employee’s ability to collect unemployment insurance.

F.    Severance Pay:  Represented employees who are terminated from their positions in the City of Santa Clara Electric Utility Department or from their positions in the City’s Meter Reader classifications, as a result of a buyout, merger, or takeover of the electric utility during the term of this Memorandum of Understanding, and are offered no other position within the City, shall receive severance pay as follows.  Such terminated employee(s) shall be compensated at the rate of forty (40) hours [one week’s pay] for each year of service as a City employee, to a maximum of six hundred forty (640) hours [sixteen (16) weeks].

G.   Re-Employment/Re-Instatement Lists:  The names of regular or probationary employees laid-off according to this policy, or who exercised re-assignment or bumping rights under Section E above, will be placed on a re-employment list for the classification from which the employee was laid off, in the inverse order of the layoff.  Individuals’ names will be retained on the re-employment list for three (3) years.  Former employees while on the re-employment list that apply for positions at the City other than positions in the classification from which they were laid off shall have the same status and rights and application process advantages, if any, as current employees, assuming they meet the minimum qualifications for the applicable position.  Laid off persons who are re-employed under this provision shall be re-instated with/to the same seniority, pay step and pay step anniversary date and leave accrual rates as the time they were laid off.

 

The City Attorney/Authority General Counsel also reported that, earlier in the evening, the Council and the Sports and Open Space Authority met for a Conference with Legal Counsel-Existing Litigation pursuant to Government Code Section 54956.9(d)(1); D.E. Restaurants, Inc. v. The City of Santa Clara, et al., Santa Clara Superior Court Case No. 1-15-CV-275606. and there was no reportable action

 

The City Attorney also reported that, earlier in the evening, the Council met for a 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 and a Conference with Legal Counsel-Anticipated Litigation pursuant to Government Code Section 54956.9(d)(4) – Initiation of litigation; Number of potential cases 1 and there was no reportable action.

 

There being no further business, MOTION was made by Davis, seconded and unanimously carried (Caserta, Kolstad and Marsalli absent), to adjourn the meeting at 12:08 am, November 23, 2016, in Memory of Al Weber, Jr. (served as the General Manager of Paramount's Great America).  The next regularly scheduled meeting is on Tuesday evening, December 6, 2016 at 7:00 pm in the City Hall Council Chambers.

 

 

 ATTEST:  _________________________

                      City Clerk/Secretary/Clerk

 

 

 

 

APPROVE: ________________________

                     Mayor/Chairperson