MINUTES OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA
FOR REGULAR MEETING HELD ON TUESDAY EVENING, SEPTEMBER 23, 2014

 

 

     The City Council of the City of Santa Clara, with a quorum present, met at 6:00 pm in the City Hall Council Chambers. With no public comment, the Council then met 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: APN 104-03-036, APN 104-03-038, APN 104-03-039, APN 104-03-040; Negotiating Party(ies): Kurt Wittek, Montana Property Group, LLC; City Negotiator: Julio J. Fuentes, City Manager (or designee); Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property  (provisions, price and terms of payment); Conference with Real Property Negotiators pursuant to Government Code Section 54956.8; Property: APN 316-17-19, 250 Howard Drive, Santa Clara; City Negotiator: Julio J. Fuentes, City Manager (or designee); Negotiating Party: Dana Pesce, Apple Inc.; Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment); Conference with Legal Counsel-Anticipated Litigation pursuant to Government Code Section 54956.9(a); Potential exposure to litigation: 2 potential cases; 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 – 09/19/14).

 

 

 

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

 

 

 

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

 

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

 

 

 

     MOTION was made by Davis, seconded and unanimously carried with Gillmor abstaining (not present at the meeting), that the Minutes for the meeting of August 19, 2014 be adopted as written.

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that the Minutes for the meeting of August 26, 2014 be adopted as written.

 

 

 

     As a Special Order of Business, the Council proceeded with the adoption of a Resolution reaffirming the City’s commitment to oppose domestic violence (City Manager – 09/23/14). The Mayor introduced the item and read the proposed Resolution into the record. Kathleen Krenek, Executive Director, Next Door Solutions to Domestic Violence, addressed the Council with comments in support of the proposed Resolution and the services that Next Door offers the community. Karen Hardy and Mohammed Nadeem addressed the Council also with comments in support of the proposed Resolution. Deborah Bress addressed the Council with general comments and expressing general concern. A Council discussion followed. MOTION was made by Mahan, seconded and unanimously carried, that the Council adopt Resolution No. 14-8173 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, REAFFIRMING THE CITY’S COMMITMENT TO OPPOSE DOMESTIC VIOLENCE” which reaffirms the City's commitment to oppose domestic violence. By consensus, the Council referred to the City Manager the coordination of offering awareness and educational programs throughout the month of October.

 

 


 

 

     MOTION was made by O’Neill, seconded and unanimously carried, that the Council adopt Ordinance No. 1930 entitled, “AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA, THAT THE CITY COUNCIL OF THE CITY OF SANTA CLARA APPROVE AND CERTIFY A NEGATIVE DECLARATION AND ADD ARTICLE VI (SINGLE-USE CARRY-OUT BAGS) TO CHAPTER 13.20 (STORM DRAINS AND DISCHARGES) OF TITLE 13 (PUBLIC SERVICES) OF THE CODE OF THE CITY OF SANTA CLARA, CALIFORNIA TO PROHIBIT THE USE OF SINGLE-USE CARRY-OUT PLASTIC BAGS” which approves and certifies a Negative Declaration and adds Article VI (Single-Use Carry-Out Bags) to Chapter 13.20 (Storm Drains and Discharges) of Title 13 (Public Services) of the City Code to prohibit the use of single-use carry-out plastic bags.

 

 

 

        As an item of Unfinished Business, the Council proceeded to consider the Informational Memo regarding the status of the proposed Historic Preservation Ordinance. The Director of Planning and Inspection provided a verbal report on the status of the Committee.(Director of Planning and Inspection – 09/19/14).

 

 

 

        MOTION was made by Mahan, seconded and unanimously carried, that, per the Human Resources Division Manager’s memo (08/08/14), the Council approve the Stipulations with Request for Award, based on the recommendation of the City’s Workers Compensation legal counsel, to settle the claims for the injuries Danny Terrones, retired Police Officer, sustained on November 7, 2005 and cumulatively through September 6, 2009.

 

 

 

        MOTION was made by Mahan, seconded and unanimously carried, that, per the Human Resources Division Manager’s memo (08/05/14), the Council approve the Stipulations with Request for Award, based on the recommendation of the City’s Workers Compensation legal counsel, to settle the claim for the injury Gabrielle Seagrave, retired Police Sergeant, sustained cumulatively through March 26, 2010.

 

 

 

        MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (08/08/14), the Council accept the work performed by Wattis Construction Co., Inc. for work on The Alameda (Mission Street to Hilmar Street) Parking Improvements Project and authorize the recordation of a Notice of Completion with the County Recorder (CE 12-13-07).

 

 


 

 

        MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Human Resources’ memo (08/26/14), the Council set the salary schedule and range for the Health and Wellness Coordinator as A-23.

 

 

 

        MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Human Resources’ memo (09/10/14), the Council approve the revised job description for Electric Program Manager.

 

 

 

        MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Human Resources’ memo (08/27/14), the Council approve the revised job description for Principal Planner.

 

 

 

        MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Human Resources’ memo (09/10/14), the Council approve the revised job description for Accounting Division Manager.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Finance/Assistant City Manager’s memo (09/11/14), the Council accept the Santa Clara Convention Center and Convention-Visitor's Bureau (SCCC-CVB) Activity Report for Fiscal Year 2013-14 Fourth Quarter, Year-to Date and End of the Fiscal Year 2013-14, as submitted by the SCCC-CVB.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Human Resources’ memo (08/28/14), the Council approve the revised job descriptions for Deputy Fire Chief and Battalion Chief.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (09/11/14), the Council approve the use of City Electric Forces for the installation of facilities at Palm Substation to Levi's Stadium and 3065 Bowers Avenue.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (08/08/14), the Council accept the work performed by Bay Area Lightworks, Inc. on Benton Street - Pomeroy Avenue Traffic Signal Modifications and Pedestrian Safety Enhancements (CE 11-12-07) and authorize the recordation of a Notice of Completion with the County Recorder.

 

 


 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Management Analyst’s memo (08/28/14), the Council approve and authorize the publication of the October 2014 Mission City SCENES.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Acting Housing and Community Services Division Manager’s memo (08/29/14), the Council approve the submittal of the Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2013-14 for the Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) programs to the US Department of Housing and Urban Development (HUD).

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/11/14), the Council approve the Project Manual for lump sum bidding and construction of the Winter 2014/15 Preparation Work for the Phase Shifting Transformer (Public Works Contract 2404A); approve the solicitation of bids for the project;  delegate authority to the City Manager to award the contract to the lowest responsible and responsive bidder; and delegate authority to the City Manager to execute Change Orders up to a total aggregate amount of 10% of the original contract price.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (09/11/14), the Council approve, and authorize the City Manager to execute, a Call Agreement with The Cadmus Group, Inc. and Call No. 14-1 for Professional Services, in an amount not to exceed $63,913, to provide third party evaluation, measurement and verification services for Silicon Valley Power's non-residential lighting program.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (08/18/14), the Council approve, and authorize the City Manager to execute, Amendment No. 3 to the Agreement for Consultant Services with Lee & Ro, Inc., in an amount not to exceed $29,674, for the Rabello and Northside Pump Station Generators Project and authorize the City Manager to make minor, non-substantive modifications to Amendment No. 3, if necessary.

 

 


 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (09/11/14), the Council approve, and authorize the City Manager to execute, an Agreement for the Performance of Services with Signet Testing Laboratories, Inc., in an amount not to exceed $103,968.20, for material testing and geotechnical construction inspection of various Electric Department projects.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (09/11/14), the Council approve, and authorize the City Manager to execute, an Agreement for the Design Professional Services with Schaaf & Wheeler Consulting Civil Engineers, in an amount not to exceed $288,530, for the City Storm Drain Master Plan Project and authorize the City Manager to make minor, non-substantive modifications to the Agreement, if necessary.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (09/11/14), the Council approve, and authorize the City Manager to execute, an Agreement for the Performance of Services with Tanko Streetlighting, Inc., dba Tanko Lighting, in an amount not to exceed $1,863,965, to provide energy efficient LED streetlights in the southern part of the City.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (09/11/14), the Council approve, and authorize the City Manager to execute, an Agreement for the Performance of Services with Construction Testing Services (CTS), in an amount not to exceed $90,945, for material testing and geotechnical construction inspection at Fairview Substation.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (09/11/14), the Council approve, and authorize the City Manager to execute, an Agreement for the Performance of Services with Power Systems Professionals, Inc., dba Power Pros, in an amount not to exceed $498,940, to provide commission testing services for Fairview Substation.

 

 


 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (09/02/14), the Council approve, and authorize the City Manager to execute, an Agreement for the Performance of Services with Revel Environmental Manufacturing, Inc., in an amount not to exceed $183,777, for the purchase, installation and maintenance of 258 full trash capture devices, subject to budget appropriations.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (09/10/14), the Council approve, and authorize the City Manager to execute, a Master Power Purchase and Sale Agreement with EDF Trading North America, LLC, a standard enabling agreements for future purchase and sales of electric power by the Electric Department's Power Trading Division and reaffirm the continued practice of the City Manager, or his designee, to execute standardized enabling agreements for future purchases or sales of wholesale electricity or generation fuel for the Electric Department.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (09/12/14), the Council approve, and authorize the City Manager to execute, an Agreement for the Performance of Services with Golder Associates, Inc., for an amount not to exceed $1,198,285, for maintenance, monitoring and reporting services at the closed All Purpose Landfill.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that the Council note and file the Informational Memo entitled, “Council Recess: Report on actions taken during the Council Recess from July 16, 2014 to August 18, 2014” (Director of Public Works/City Engineer – 09/08/14).

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Planning and Inspection’s memo (09/23/14), the Council approve the Special Permit request submitted by Holly Prinz, ABC Tree Farms, LLC to allow a seasonal pumpkin patch (September 10, 2014 - November 5, 2014) and Christmas tree (November 6, 2014 - December 31, 2014) sales events at 2380 Monroe Street, subject to conditions (PLN 2014-10548).

 

 


 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Planning and Inspection’s memo (09/23/14), the Council approve the Special Permit request submitted by Holly Prinz, ABC Tree Farms, LLC to allow a seasonal pumpkin patch (September 10, 2014 - November 5, 2014)  and Christmas tree (November 6, 2014 - December 31, 2014) sales events at 3590 Benton Street, subject to conditions (PLN 2014-10608).

 

 

 

     The Council proceeded to consider the award the Public Works Contract for the Removal of Barriers to the Physically Challenged FY 2014-15 to Golden Bay Construction, Inc., in the amount of $217,463.50, and authorization to execute change orders up to approximately 10% of the original price, or $21,700, for a total amount not to exceed $239,163.50 (CE 14-15-01). The City Manager stated that he owns property within 500 feet of the subject property and stepped off the dais. MOTION was made by Mahan, seconded and unanimously carried, that the Council award the Public Works Contract for the Removal of Barriers to the Physically Challenged FY 2014-15 to Golden Bay Construction, Inc., in the amount of $217,463.50, and authorize the City Manager to execute change orders up to approximately 10% of the original price, or $21,700, for a total amount not to exceed $239,163.50. The City Manager returned to the dais.

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that the Council approve the recommendation contained within the Minutes of the Civil Service Commission for the meeting of September 8, 2014 to approve the modified Job Specifications for Combination Inspector and Electric Utility Equipment Operator; and the new Job Specifications for Sewer Inspection Technician, Health and Wellness Coordinator, Engineering Aide-Fiber, Fiber Splicing Technician, Service Coordinator Inspector-Fiber and Utility Locator and note and file the Minutes. 

 

 

 

     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 made comments regarding his attendance at recent community events. He also, noted that Santa Clara was rated 7th on the top 100 best places to live in the nation by Liveability.com.

 

     Council Member Kolstad made comments regarding attendance at the Northern California Power Agency (NCPA) annual meeting.

 

    

     Council Member Gillmor made comments regarding the success of the Art and Wine Festival.

 

     Council Member O’Neill made comments regarding her attendance at the 50th anniversary celebration event of the Santa Clara Aquamaids.

 

     Vice-Mayor Marsalli made comments regarding his attendance at the Santa Clara Fire Volunteer Recognition Event.

 

 

 

     The City Attorney reported that on August 19, 2014 the Council unanimously voted (Gillmor absent) to authorize the City of Santa Clara to join the Northern California Power Association in filing suit in the United States Court of Claims against the Federal Government concerning over charges by the Bureau of Reclamation under the Central Valley Power Improvement Act.

 

     He also 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 that the Council voted unanimously to approve an agreement between the City and IBEW and an agreement between the City and Bargaining Unit 9 to move from the City dental reimbursement plan to Delta Dental, effective January 1, 2015. For Unit 9, the approval is contingent on that Unit voting prior to October 1, 2014 to transition from the City plan to Delta Dental. Council also directed the City Manager to prepare and enter into side letters with these two bargaining units reflecting this agreement. If the change is approved by Unit 9, the change will apply to the City Manager, City Attorney and City Clerk, effective January 1, 2015.

 

     He also reported that the Council would continue the Closed Session following the conclusion of the regular meeting for Conference with Real Property Negotiator pursuant to Government Code Section 54956.8; Property: APN 104-03-036, APN 104-03-038, APN 104-03-039, APN 104-03-040; Negotiating Party(ies): Kurt Wittek, Montana Property Group, LLC; City Negotiator: Julio J. Fuentes, City Manager (or designee); Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property  (provisions, price and terms of payment); Conference with Real Property Negotiators pursuant to Government Code Section 54956.8; Property: APN 316-17-19, 250 Howard Drive, Santa Clara; City Negotiator: Julio J. Fuentes, City Manager (or designee); Negotiating Party: Dana Pesce, Apple Inc.; Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment); Conference with Legal Counsel-Anticipated Litigation pursuant to Government Code Section 54956.9(a); Potential exposure to litigation: 2 potential cases; 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.  

 

 

 

     The Council duly set September 30, 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 and 8 - City of Santa Clara Employees Association; Unit #6 - AFSCME Local 101 (American Federation of State, County and Municipal Employees); Unit #9 - Miscellaneous Unclassified Management Employees, Unit #9A - Unclassified Police Management Employees; Unit #9B - Unclassified Fire Management Employees; and Unit #10 - PSNSEA (Public Safety Non-Sworn Employees Association) 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 – 09/19/14).

 

 


 

 

     MOTION was made by Davis, seconded and unanimously carried, that, there being no further business, the Council adjourn the meeting at 7:45 pm to Tuesday evening, September 30, 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. The Council then continued the Closed Session as agendized above in the Council Conference Room. The Council reconvened at 8:12 pm in the Council Chambers and the City Attorney reported that there was no reportable action. The meeting stood adjourned.

 

 

 

 ATTEST:  ________________________

                     City Clerk

 

 

APPROVE: ________________________

                     Mayor