MINUTES OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA
FOR MEETING HELD ON TUESDAY EVENING, FEBRUARY 22, 2011

 

 

     The City Council of the City of Santa Clara met at 7:00 pm, on the above-mentioned date,      for the regular scheduled meeting in the City Hall Council Chambers. The Closed Session in the Council Conference Room for a Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 Property: APN 097-05-097 (23 acres on the northwest corner of Lick Mill Blvd and Hope Drive); APN 097-83-001 (11 acres on the east side of Lick Mill Blvd at Hope Drive) and APN 097-05-105 (10 acres on the west side of Lick Mill Blvd, 1,300 feet north of Hope Drive); Negotiating Party(ies): The Shimon Ben Joseph Foundation (Interland); City Negotiator: Jennifer Sparacino, City Manager (or her designee); Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment) was not held.

 

     The meeting was opened with the recitation of the Pledge of Allegiance and the reading of an Invocation Prayer.

 

 

 

     Present:  Council Members Lisa M. Gillmor, Will Kennedy, Patrick Kolstad, Patricia M. Mahan, Jamie McLeod and Kevin Moore and  Mayor Jamie L. Matthews.

 

     Staff present: City Manager, Acting Assistant City Manager, Director of Planning and Inspection, Director of Public Works/City Engineer, Interim City Attorney and City Clerk/Auditor.

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that the Minutes for the meeting of January 25, 2011 be adopted as written.

 

 

 

     As a Special Order of Business, Bob Byrd, President of the Historic Preservation Society of Santa Clara, addressed the Council and stated that the Historic Preservation Society of Santa Clara, with assistance of the Old Quad Residents Association, sponsored the 2010 Historic Home Tour in Santa Clara and gave an overview of the program. The annual event raises funds for a variety of historic programs in Santa Clara. Donations from the 2010 Home Tour totaling $4,568 were presented to the following projects: Turning Wheels for Kids, Habitat for Humanity, Santa Clara Music Booster Association, J.W. House at Kaiser Santa Clara, Santa Clara Senior Case Management, Santa Clara Library's Summer Reading Program, Silicon Valley Animal Control Authority and Heritage Pavilion at the Santa Clara City Library (Senior Staff Aide – 02/01/11). Photographs were then taken.

 

 


 

 

     Also as a Special Order of Business, the City Librarian addressed the Council and introduced Ken Young, Board President of the Santa Clara City Library Foundation and Friends, who then addressed the Council and presented a plaque to The Beautiful Foundation in appreciation for its donation of $6,000 to purchase adult and children’s Korean language materials for the Library collection. Photographs were taken. Maria Daane, Executive Director of the Santa Clara City Library Foundation and Friends, then addressed the Council and invited the Santa Clara community to participate in “The Big Read” program beginning March 15, 2011. The Call of the Wild was the classic novel chosen for author Jack London’s unique ties to the City of Santa Clara (City Librarian – 02/16/11). Photographs were then taken.

 

 

 

     Also as a Special Order of Business, the Council proceeded to consider the City Manager’s memo (02/17/11) regarding the Council Goal Setting Program scheduled for Saturday, March 12, 2011 from 8:00 am to 12:00 pm at the Santa Clara Convention Center, 5001 Great America Parkway, Santa Clara. The City Manager reviewed her memo and stated that the purpose of the program is to review the accomplishments made on the 2009/2011 Council Principles and Priorities and to reaffirm and update Principles and Priorities for 2011/2013. MOTION was made by Moore, seconded and unanimously carried, that the Council note and file the Informational Memo regarding the Council Goal Setting Program scheduled for Saturday, March 12, 2011 from 8:00 am to 12:00 pm at the Santa Clara Convention Center, 5001 Great America Parkway, Santa Clara .

 

 

 

     As an item of Unfinished Business, the City Manger gave an overview of the proposed actions to be considered this evening to reaffirm the City’s ongoing commitment to a number of Redevelopment Agency projects in response to Governor Brown’s January 10, 2011 proposal to eliminate Redevelopment Agencies. The City Manager stated that of these Redevelopment Agency projects, many have been in the planning and organizational stages, some have been funded through the Capital Improvement Projects budget, some are under design and others have been out to bid. Additionally, the City has a number of affordable housing projects. She stated that although the City has yet to see the written language from the legislature on the proposal, the City is moving forward with the limited information that has been provided to reaffirm its commitment to these projects. The proposed actions to be considered this evening include the following: pass to print of an Ordinance adopting Amendment No. 23 to the Redevelopment Plan for the Bayshore North Project to eliminate the Debt Incurrence Time Limit (SB 211 Amendment) to allow the issuance of bonds in support of the construction of a professional football stadium and other City infrastructure improvements in the Bayshore North Project Area; pass to print an Ordinance adopting Amendment No. 4 to the Redevelopment Plan for the University Project Area and pass to print an Ordinance adopting Amendment No. 24 to the Redevelopment Plan for the Bayshore North Project Area both of which extend the effectiveness of the respective Redevelopment Plans, extend the associated time to collect tax increment repayment of debt resulting from the two Project Areas and allows for an additional year for the repayment of debts; adoption of a Resolution approving the Public Improvements Grant and Cooperation Agreement for the construction of the North Bayshore Area Library Project and adoption of a Resolution approving a Public Improvements Grant and Cooperation Agreement for infrastructure improvements for the Bayshore North Redevelopment Project Area; adoption of a Resolution approving a Public Improvements Grant and Cooperation Agreement for Infrastructure Improvements for the University Redevelopment Project Area; adoption of a Resolution authorizing the execution of a Joint Exercise of Powers Agreement with the Redevelopment Agency to authorize the creation of the Santa Clara Stadium Authority; adoption of a Resolution making certain findings related to a Cooperation Agreement to Assist a Publicly Owned Stadium between the Redevelopment Agency and the Santa Clara Stadium Authority; and adoption of a Resolution establishing a Housing Authority to help assure the protection and use of housing funds for the benefit of residents of Santa Clara. The City Manager gave an electronic presentation and stated that the SB 211 Amendment for the Bayshore North Project Area removes the time limit on the Redevelopment Agency’s ability to incur debt (currently December 2004); however, it does not change other Redevelopment Agency time limits. The SB 211 Amendment is also required for the Redevelopment Agency to issue bonds for a stadium and other City buildings/infrastructure and it triggers statutory “pass-through” payments to other taxing agencies, which includes the Santa Clara Unified School District. If Council adopts the SB 211 Amendment, it would be effective July 1, 2011, and the school district and other taxing agencies would receive additional funds beginning in Fiscal Year 2011-12. She reiterated that once a SB 211 Amendment is passed by Council, it can not be undone in the future. She continued the electronic presentation, which highlighted the one year extension to the life of the Redevelopment Agency and the Cooperation Agreements between the City and Redevelopment Agency for infrastructure projects in the Bayshore North Area and University Project Areas, including the Bayshore Northside Library, Tasman Drive Parking Structure, Downtown Revitalization and many others. She continued the electronic presentation by outlining the creation of the Stadium Authority, including the members and responsibilities and then reviewed the Cooperation Agreement between the Redevelopment Agency and the Stadium Authority, which would provide $40 million of Redevelopment Agency funds towards the construction of a new stadium and approves a Redevelopment Agency agreement to pay one-half of the development fees ($1.6 million).  She continued the electronic presentation and stated that the establishment of the Housing Authority would allow the City to continue to provide safe, sanitary, affordable housing in the City, the City would retain local control of housing funds generated by the Redevelopment Agency and the City would continue to work with the County of Santa Clara Housing Authority as has been done in the past. The City Manager then reviewed the Administrative Analyst to the City Manager’s memo (02/15/11) regarding the pass to print of an Ordinance adopting Amendment No. 23 to the Redevelopment Plan for the Bayshore North Project to eliminate the Debt Incurrence Time Limit (SB 211 Amendment) to allow the issuance of bonds in support of the construction of a professional football stadium and other City infrastructure improvements in the Bayshore North Project Area. The City Manager and Ron Garrett, consultant, answered Council questions. The following people addressed the Council in opposition to the SB 211 Amendment: Deborah Bress (provided handout), Bill Bailey (Santa Clara Plays Fair - provided handout), Alex Morgan and Christopher Garton-Zavesky. The following people addressed the Council in favor of the SB 211 Amendment: Neil Struthers (Building Trades Council), Jeff Salvotti, Warren Barry (UA Local 393 Plumbers and Pipefitters Union), Tad Coatsworth (Sheet Metal Workers 104), Joe Corona, Josue Garcia (Building Trades Council), Howard Gibbons, Robert Tragni (IBEW Local 332), James Rowen, Mia White, George Netto, Karl Watanabe, Kathleen Watanabe, Patti Atherton, Brian Lowery, name unknown, Bob Ross, Lisa Santillan, Fred Santillan (Santa Clara Gold Rushers 49ers Booster Club) and Jerry McKee. A Council discussion followed. MOTION was made by Kolstad, seconded and unanimously carried, that the Council pass to print Ordinance No. 1874 entitled, “AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA, ADOPTING AMENDMENT NO. 23 TO THE REDEVELOPMENT PLAN FOR THE BAYSHORE NORTH PROJECT PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(B), AND AMENDING RELATED ORDINANCES IN CONNECTION THEREWITH” which adopts Amendment No. 23 to the Redevelopment Plan for the Bayshore North Project Area to eliminate the Debt Incurrence Time Limit (SB 211 Amendment) to allow the issuance of bonds in support of the construction of a professional football stadium and other City infrastructure improvements in the Bayshore North Project Area. The Council proceeded to consider the pass to print of an Ordinance adopting Amendment No. 4 to the Redevelopment Plan for the University Project Area, which extends the effectiveness of the Redevelopment Plan, extends the associated time to collect tax increment for repayment of debt resulting from the University Project Area and allows for an additional year for the repayment of debts. Council Members Gillmor and Mahan noted their potential conflict of interest (respective place of work and residence within 500 feet of project area) and stepped off the dais. Christopher Garton-Zavesky addressed the Council with a general procedural question. MOTION was made by Moore, seconded and unanimously carried with Gillmor and Mahan abstaining (respective place of work and residence within 500 feet of project area), that, per the Director of Finance’s memo (02/15/11), the Council pass to print Ordinance No. 1875 entitled, “AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA ADOPTING AMENDMENT NO. 4 TO THE REDEVELOPMENT PLAN FOR THE UNIVERSITY PROJECT AREA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33331.5, AND AMENDING RELATED ORDINANCES IN CONNECTION THEREWITH” which adopts Amendment No. 4 to the Redevelopment Plan for the University Project Area, which extends the effectiveness of the Redevelopment Plan, extends the associated time to collect tax increment repayment of debt resulting from the University Project Area and allows for an additional year for the repayment of debts. Council Members Gillmor and Mahan returned to the dais.  MOTION was then made by Kolstad, seconded and unanimously carried, that the Council pass to print Ordinance No. 1876 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA ADOPTING AN AMENDMENT NO. 24 TO THE REDEVELOPMENT PLAN FOR THE BAYSHORE NORTH PROJECT PURSUANT TO HEALTH AND SAFETY CODE SECTION 33331.5, AND AMENDING RELATED ORDINANCES IN CONNECTION THEREWITH” which adopts Amendment No. 24 to the Redevelopment Plan for the Bayshore North Project Area, which extends the effectiveness of the Redevelopment Plan, extends the associated time to collect tax increment repayment of debt resulting from the Project Area and allows for an additional year for the repayment of debts. MOTION was then made by Kolstad, seconded and unanimously carried, that, per the Administrative Analyst to the City Manager’s memo (02/15/11), the Council, adopt Resolution No. 11-7822 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, APPROVING THE PUBLIC IMPROVEMENT PROJECT AND COOPERATION AGREEMENT FOR THE CONSTRUCTION OF THE NORTH BAYSHORE AREA LIBRARY PROJECT AND MAKING CERTAIN FINDINGS RELATED THERETO” which approves the Public Improvements Grant and Cooperation Agreement for the construction of a library in the Bayshore North Redevelopment Project Area. MOTION was then made by Kolstad, seconded and unanimously carried, that the Council adopt Resolution No. 11-7823 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, APPROVING A PUBLIC IMPROVEMENTS GRANT AND COOPERATION AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS FOR THE BAYSHORE NORTH REDEVELOPMENT PROJECT AREA AND MAKING CERTAIN FINDINGS RELATED THERETO” which approves a Public Improvements Grant and Cooperation Agreement for infrastructure improvements for the Bayshore North Redevelopment Project Area. The Council proceeded to consider the adoption of a Resolution approving a Public Improvements Grant and Cooperation Agreement for infrastructure improvements for the University Redevelopment Project Area. Council Members Gillmor and Mahan noted their potential conflict of interest (respective place of work and residence within 500 feet of project area) and stepped off the dais. MOTION was made by Kolstad, seconded and unanimously carried with Gillmor and Mahan abstaining (respective place of work and residence within 500 feet of project area), that, per the Acting Assistant City Manager’s memo (02/17/11), the Council adopt Resolution No. 11-7824 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, APPROVING A PUBLIC IMPROVEMENTS GRANT AND COOPERATION AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS FOR THE UNIVERSITY REDEVELOPMENT PROJECT AREA AND MAKING CERTAIN FINDINGS RELATED THERETO” which approves a Public Improvements Grant and Cooperation Agreement for infrastructure improvements for the University Redevelopment Project Area. Council Members Gillmor and Mahan returned to the dais. The Council proceeded to consider the adoption of a Resolution authorizing the execution of a Joint Exercise of Powers Agreement with the Redevelopment Agency to authorize the creation of the Santa Clara Stadium Authority. The City Manager reviewed the Administrative Analyst to the City Manager’s memo (02/15/11) and reiterated that the seven elected members of the City Council, who also serve as the members of the Redevelopment Agency, would serve as the government board for the Stadium Authority and, subject to the limitations of the Joint Powers Agreement, the Stadium Authority would have those powers that are common to both the Redevelopment Agency and the City and will operate pursuant to the rules and procedures of the Redevelopment Agency. She further stated that that the Stadium Authority is structured so that neither the City nor the Redevelopment Agency would be liable for the debts or obligations of the Stadium Authority. The City Manager then answered Council questions. The following people addressed the Council in favor of the proposed Joint Exercise of Powers Agreement: Fred Santillan, James Rowen, Dorothy Rosa, Kathy Hughes and Dee Neimann. Christopher Garton-Zavesky addressed the Council with general procedural questions. MOTION was made by Kolstad, seconded and unanimously carried, that the Council adopt Resolution No. 11-7825 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA AUTHORIZING THE EXECUTION OF A JOINT POWERS AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA CLARA TO AUTHORIZE THE CREATION OF THE SANTA CLARA STADIUM AUTHORITY” which authorizes the execution of a Joint Exercise of Powers Agreement with the Redevelopment Agency to authorize the creation of the Santa Clara Stadium Authority. The Council duly noted and filed the correspondence received regarding the Stadium Authority (Executive Assistant to the Mayor and City Council – 2/22/11). The Council proceeded to consider the adoption of a Resolution making certain findings related to a Cooperation Agreement to Assist a Publicly Owned Stadium between the Redevelopment Agency and the Santa Clara Stadium Authority. The City Manager reviewed the Administrative Analyst to the City Manager’s memo (02/15/11) and noted that although the City is not a party to the funding agreement or in any way obligated under the funding agreement, pursuant to California Redevelopment Law, the Council must make certain findings regarding the use of tax increment funds for publicly owned buildings and improvements. A Council discussion followed. Bill Bailey (provided handout) addressed the Council in opposition to the proposed Resolution. MOTION was made by Gillmor, seconded and unanimously carried, that the Council adopt Resolution No. 11-7826 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, MAKING CERTAIN FINDINGS RELATED TO A COOPERATION AGREEMENT TO ASSIST A PUBLICLY OWNED STADIUM BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA CLARA AND THE SANTA CLARA STADIUM AUTHORITY” which makes certain findings related to a Cooperation Agreement to Assist a Publicly Owned Stadium between the Redevelopment Agency and the Santa Clara Stadium Authority. The Council duly noted and filed a copy of the 1973 Redevelopment Plan for the Bayshore North Project and accompanying report (Interim City Attorney). The Council proceeded to consider the adoption of a Resolution establishing a Housing Authority to help assure the protection and use of housing funds for the benefit of residents of Santa Clara. The City Manager reviewed the Director of Planning and Inspection’s memo (02/15/11) and stated that the seven elected members of the City Council would serve as the Commissioners for the Housing Authority. MOTION was made by Mahan, seconded and unanimously carried, that the Council adopt Resolution No. 11-7827 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, ESTABLISHING A HOUSING AUTHORITY IN ACCORDANCE WITH THE CALIFORNIA HOUSING AUTHORITIES LAW AND MAKING CERTAIN DETERMINATIONS AND FINDINGS RELATED THERETO” which establishes a Housing Authority to help assure the protection and use of housing funds for the benefit of residents of Santa Clara.

 

 

 

     Also as an item of Unfinished Business, the Council proceeded to consider the ratification of the Memorandum of Understanding (MOU) with the Police Officers Association (POA) (Unit #2) and the Memorandum of Understanding (MOU) with the Unclassified Police Management Employees (Unit #9A) and apply any salary and fringe benefit changes to the elected position of Chief of Police, consistent with prior City Council action. Council comments were made. MOTION was made by Gillmor, seconded and carried with Kennedy and McLeod dissenting, that the Council ratify the Memorandum of Understanding (MOU) with the Police Officers Association (POA) (Unit #2) and the Memorandum of Understanding (MOU) with the Unclassified Police Management Employees (Unit #9A) and apply any salary and fringe benefit changes to the elected position of Chief of Police, consistent with prior City Council action (Director of Human Resources - 02/14/11).

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Finance’s memo (02/15/11), the Council accept the Santa Clara Convention Center and Convention-Visitor's Bureau (SCCC-CVB) Activity Report for Fiscal Year 2010-11 Second Quarter as submitted by the Santa Clara Chamber of Commerce and Convention-Visitor’s Bureau.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Interim City Attorney’s memo (02/08/11), the Council pass to print Ordinance No. 1877 entitled, “AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA, AMENDING SECTION 1.15.010 (STATE

PROVISIONS — APPLICABILITY OF CHAPTER) AND SECTION 1.15.030 (CONTENTS OF CLAIM — REVIEW OF SUFFICIENCY) OF CHAPTER 1.15 (CLAIMS AGAINST THE CITY) OF TITLE 1 (GENERAL PROVISIONS) OF ‘THE

CODE OF THE CITY OF SANTA CLARA, CALIFORNIA’ REGARDING PROCEDURES FOR PROCESSING CLAIMS FILED AGAINST THE CITY, ITS OFFICERS, EMPLOYEES AND AGENTS” which amends Section 1.15.010 (State Provisions - Applicability of Chapter) and Section 1.15.030 (Contents of Claim - Review of Sufficiency) of Chapter 1.15 (Claims Against the City) of Title 1 (General Provisions) of the City Code regarding procedures for processing claims filed against the City, its officers, employees and agents.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/14/11), the Council approve taking a position of support on Senate Bill 23/SBX1 2 by Senator Simitian; authorize (retroactively) the transmission of a letter of support; and authorize follow-up actions as appropriate.

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/15/11), the Council approve the use of City Electric forces for the installation of facilities at 3105 Alfred Street and 2446 Robinson Avenue.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Planning and Inspection’s memo (02/15/11), the Council adopt Resolution No. 11-7828 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF A PRIORITY DEVELOPMENT AREA (PDA) DESIGNATION UNDER THE FOCUS PROGRAM FOR THE 2010-2035 GENERAL PLAN DESIGNATED EL CAMINO REAL FOCUS AREA AND SANTA CLARA STATION FOCUS AREA” which authorizes the establishment of a Priority Development Area (PDA) designation under the FOCUS Program for the 2010-2035 General Plan designated El Camino Real Focus Area and Santa Clara Station Focus Area. The Council duly noted and filed email correspondence received by Tappan Merrick (02/18/11).

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (02/15/11), the Council approve the plans and specifications for the Homestead Road Traffic Signal Interconnect and Coordination Project; authorize the City Manager to make minor modifications, if necessary and authorize the advertisement for bids (CE 10-11-06).

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Water and Sewer Utilities’ memo (02/07/11), the Council approve the plans and specifications for Industrial 3A - Package 3 Recycled Water Pipeline Crossing at Central Expressway and US 101 Project; authorize the City Manager to make minor modifications, if necessary; and authorize the advertisement for bids (WA 1829).

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/15/11), the Council approve the Results and Goals for the Silicon Valley Power (SVP) Public Benefit Program through Fiscal Year 2009-10 and authorize the reporting of this information to customers and others.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (02/15/11), the Council accept the work performed by Sposeto Engineering, Inc. on the Removal of Barriers to the Physically Challenged Fiscal Year 2010-11 and authorize the recordation of a Notice of Completion with the County Recorder (CE 10-11-09).

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Senior Staff Aide’s memo (02/03/11), the Council approve and authorize the publication of the April 2011 Mission City SCENES.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the City Manager’s memo (02/11/11), the Council note and file the Departmental Activity Report for the month of December 2010.

 

 


 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (01/18/11), the Council approve, and authorize the City Manager to execute, an Agreement for the Performance of Services with ACCO Engineered Systems, in an amount not to exceed $100,000, to provide annual maintenance and repair to the air conditioning system at the Donald Von Raesfeld (DVR) Power Plant.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/04/11), the Council approve, and authorize the City Manager to execute, Amendment No. 1 to Call No. 10-2 for Professional Services with Milton Security Group LLC, at no additional cost, to extend the term for Subscriber Management and WiFi Management for the Electric Department Marketing Division until December 31, 2011.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/15/11), the Council approve, and authorize the City Manager to execute, Amendment No. 2 to the Electric Service Agreement with Owens Corning Sales LLC to retain sales of electricity to Owens Corning at a discounted rate.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/09/11), the Council approve, and authorize the City Manager to execute, a Call Agreement with Soudi Consultants and Call No. 11-1 for Professional Services, in an amount not to exceed $19,500, for electric system protection studies and establishment of relay settings related to De La Cruz Junction Substation.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/08/11), the Council approve, and authorize the City Manager to execute, Call No. 11-1 for Professional Services with NexLevel Information Technology, Inc., in an amount not to exceed $221,040, to provide consulting services to support program management for the Advanced Metering and Utility Communication Infrastructure Implementation Program.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/08/11), the Council approve, and authorize the City Manager to execute, a Call Agreement for Engineering and Design Services with Electrical Consultants, Inc. and Call No. 11-1 for Professional Services, in an amount not to exceed $100,000, for miscellaneous engineering transmission line design and drafting services.

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (01/21/11), the Council approve, and authorize the City Manager to execute, Amendment No. 1 to Call No. 10-1 for Professional Services with Consolidated Engineering Laboratories, at no additional cost to the City, to extend materials testing and construction inspection services for Kenneth Substation to December 31, 2011.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/04/11), the Council approve, and authorize the City Manager to execute, Call No. 11-8 for Professional Services with Harris & Associates, in an amount not to exceed $50,000, for preparation of bid documents for various Electric Department projects.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (02/04/11), the Council approve, and authorize the City Manager to execute, Call No. 11-9 for Professional Services with Harris & Associates, in an amount not to exceed $10,650, for preliminary civil design services for the Photovoltaic Demonstration Project.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that the Council note and file the following Informational Memo’s: Report of Proclamations issued to individuals with 30 or more years of service: Carol Ragsdale (Santa Clara Unified School District), Harriett J. Robles (West Valley Mission Community College District), Larry Wilson (Santa Clara Water District), Donald Hale (Building Maintenance Division, Public Works Dept.), Darrell Mackie (Engineering Department), Robert List (Santa Clara Fire Department), Mary Cebrian (Finance Department), Douglas Abernethy (Street Department), Stephen Lodge (Santa Clara Police Department) and Terri Kolstad (Santa Clara Police Department) [Executive Assistant to the Mayor and City Council – 02/14/11] and 70th Annual Camellia Show (Senior Staff Aide – 02/09/11).  

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Planning and Inspection’s memo (02/14/11), the Council note and file the Minutes of the Planning Commission for the meeting of January 12, 2011.

 

 


 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Senior Staff Aide’s memo (02/08/11), the Council approve the Wilcox High School Chargerettes Drill Team’s request for Championship Team Funding, in the amount of $1,092 in matching funds, for travel to Anaheim, CA to compete in the USA Dance/Drill National Championship from March 24-27, 2011 and authorize the City Manager to execute a Contribution Agreement with the Santa Clara Unified School District (SCUSD)/Wilcox High School Chargerettes Drill Team.

 

 

 

     The Council proceeded to consider the adoption of a Resolution authorizing and approving the issuance of City of Santa Clara Electric Revenue Refunding Bonds, Series 2011A, in an amount not to exceed $65 million; approving the form and authorizing the execution of an amended and restated Electric Revenue Bond Indenture and a First Supplemental Electric Revenue Bond Indenture pursuant to which such bonds are to be issued; approving the form of and authorizing certain documents in connection with the issuance, securing and sale of such bonds; and authorizing the execution of all necessary documents, in substantially similar form as presented, to complete the transaction. The City Manager reviewed the Director of Electric Utility and Director of Finance’s memo (02/14/11). MOTION was made by Mahan, seconded and unanimously carried, that the Council adopt Resolution No. 11-7829 entitled, “RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA AUTHORIZING AND APPROVING THE ISSUANCE OF NOT TO EXCEED $65 MILLION AGGREGATE PRINCIPAL AMOUNT OF CITY OF SANTA CLARA, CALIFORNIA ELECTRIC REVENUE REFUNDING BONDS, SERIES 2011A; APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED ELECTRIC REVENUE BOND INDENTURE AND A FIRST SUPPLEMENTAL ELECTRIC REVENUE BOND INDENTURE PURSUANT TO WHICH SUCH BONDS ARE TO BE ISSUED; APPROVING THE FORM OF AND AUTHORIZING CERTAIN DOCUMENTS IN CONNECTION WITH THE ISSUANCE, SECURING AND SALE OF SUCH BONDS; AND AUTHORIZING CERTAIN OTHER ACTIONS RELATING THERETO” which approves the issuance of City of Santa Clara Electric Revenue Refunding Bonds, Series 2011A, in an amount not to exceed $65 million; approves the form and execution of documents and authorizes certain other related actions consistent with projected economic and fiscal impacts; and authorizes the City Manager to execute all necessary documents, in substantially the form as presented, to complete the transaction. 

 

 

 

     Under Public Presentations, Justin Marlaire, representing the Silicon Valley Leadership Group, addressed the Council with comments regarding the Annual Washington, D.C. Advocacy Trip to be held March 15-17, 2011 (provided handout).

 

 


 

     The Council proceeded to consider the authorization to transmit a letter to the Peninsula Corridor Joint Powers Board (JPB) opposing the proposed closure of Santa Clara Station and reduction in Caltrain service. The Director of Public Works/City Engineer reviewed his memo (02/15/11) and a Council discussion followed. MOTION was made by Mahan, seconded and unanimously carried, that the Council authorize the Mayor and City Manager to transmit a letter communicating to the Peninsula Corridor JPB the City's position opposing the proposed station closure for the Santa Clara Station and reduction in Caltrain service and an additional letter opposing the closure of Lawrence Station. The Council duly noted and filed the email correspondence received by Conor J. Roycroft, Santa Clara University (02/22/11).

 

 

 

     The Council proceeded to consider the approval to monitor pending Federal legislation regarding the delay of proposed Environmental Protection Agency (EPA) regulation of carbon emissions and to continue to work with the American Public Power Association (APPA), Northern California Power Agency (NCPA) and the California Municipal Utilities Association in support of effective climate change legislation and regulations aimed at the reduction of green house gases. The City Manager reviewed the Director of Electric Utility’s memo (02/17/11). A Council discussion followed. MOTION was made by Kolstad, seconded and unanimously carried, that the Council continue consideration of the approval to monitor pending Federal legislation regarding the delay of proposed Environmental Protection Agency (EPA) regulation of carbon emissions and to continue to work with the American Public Power Association (APPA), Northern California Power Agency (NCPA) and the California Municipal Utilities Association in support of effective climate change legislation and regulations aimed at the reduction of green house gases to the March 15, 2011 Council meeting

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that the Council approve the Bills and Claims and Progress Payments.

 

 


 

     The Council proceeded to consider the appointment of Council Member McLeod to serve as the representative on the Bay Area Water Supply and Conservation Agency (BAWSCA) and the San Francisco Bay Area Regional Water System Financing Authority (RFA) to continue the City's involvement in the planning and funding in the Hetch-Hetchy regional water supply system. A Council discussion followed. MOTION was made by Moore, seconded and unanimously carried, that, per Mayor Matthews’ memo (02/16/11), the Council appoint Council Member McLeod to serve as the representative, effective June 30, 2011, on the Bay Area Water Supply and Conservation Agency (BAWSCA) and the San Francisco Bay Area Regional Water System Financing Authority (RFA) to continue the City's involvement in the planning and funding in the Hetch-Hetchy regional water supply system.

 

 

 

     The City Manager noted that the 70th Annual Camellia Show will be held on Saturday, February 26 and Sunday, February 27, 2011, at the City's Community Recreation Center, 969 Kiely Boulevard.

 

 

 

     The Interim City Attorney stated that the Closed Session in the Council Conference Room for a Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 Property: APN 097-05-097 (23 acres on the northwest corner of Lick Mill Blvd and Hope Drive); APN 097-83-001 (11 acres on the east side of Lick Mill Blvd at Hope Drive) and APN 097-05-105 (10 acres on the west side of Lick Mill Blvd, 1,300 feet north of Hope Drive); Negotiating Party(ies): The Shimon Ben Joseph Foundation (Interland); City Negotiator: Jennifer Sparacino, City Manager (or her designee); Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment) was not held.

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Interim City Attorney’s memo (02/17/11), the Council set March 15, 2011 at 6:00 pm for a Closed Session in the Council Conference Room for a Conference with Real Property Negotiator pursuant to Government Code Section 54956.8; Property: APN 104-43-051, APN 104-43-052, APN 104-43-030, APN 104-42-014 and APN 104-42-019; Negotiating Party(ies): Cedar Fair and the San Francisco 49ers; City Negotiator: Jennifer Sparacino, City Manager (or her designee); Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment).

 

 


 

 

     MOTION was made by Mahan, seconded and unanimously carried, that there being no further business, the meeting was adjourned at 9:37 pm In Memory of Isabel Gonzales (mother to Eleanor Metzgar, retired as-needed City employee) and Stanford Wittmayer (Santa Clara Business owner, Stan's Donut Shop since 1959) to Saturday, March 12, 2011 at 8:00 am for the Council Goal Setting Program at the Santa Clara Convention Center, 5001 Great America Parkway, and to Tuesday evening, March 15, 2011 at 6:00 pm for a Closed Session in the Council Conference Room and to 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.

 

 

 

 

 

 ATTEST:  ________________________

                     City Clerk

 

APPROVE: ________________________

                     Mayor