Rounded Rectangle: Council and Authorities 
Summary of Actions

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• SUMMARY OF ACTIONS •

 

This document is prepared as a Summary only and is not intended to be an official record of Council and Authority Actions.

The official Minutes of the meeting are available in the City Clerk’s Office approximately four weeks following the meeting.

 

CITY COUNCIL

STADIUM AUTHORITY

SPORTS AND OPEN SPACE AUTHORITY

HOUSING AUTHORITY

 

February 06, 2018

 

 

3:45 PM CLOSED SESSION

5:00 PM JOINT CITY COUNCIL/BOARD OF LIBRARY TRUSTEES DINNER MEETING

6:00 PM STUDY SESSION

7:00 PM REGULAR MEETING

City Hall Council Chambers

 

 

The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

 

AB23 ANNOUNCEMENT: Members of the Santa Clara Stadium Authority, Sports and Open Space Authority and Housing Authority are entitled to receive $30 for each attended meeting.

 

Note: The City Council and its associated Authorities meet as separate agencies but in a concurrent manner. Actions taken should be considered actions of only the identified policy body.  

 

LEGEND: City Council (CC); Stadium Authority (SA); Sports and Open Space Authority (SOSA); Housing Authority (HA); Successor Agency to the City of Santa Clara Redevelopment Agency (SARDA)

 

1.

3:45 PM CLOSED SESSION CALL TO ORDER:

 

A.

Confirmation of Quorum.

CC

 

 

 

 

 

 

 

2.

ANNOUNCEMENT OF CLOSED SESSION:

 

A.

Conference with Real Property Negotiators pursuant to Government Code Section 54956.8, Property: APN 269-22-096, 1060 Benton Street, City Negotiator: Deanna J. Santana, City Manager (or designee), Negotiating Parties: Prometheus Partners, Under Negotiation: Purchase of public use easement or fee interest in a portion of 1060 Benton Street to accommodate a possible future extension of Franklin Street (32,000 SF) and Washington Street (4300 SF).

CC

 

·         ACTION:

No Reportable Action

 

 

·         ASSIGNMENT:

City Attorney

 

 

B.

Conference with Labor Negotiators pursuant to Government Code Section 54957.6; City representative: Deanna J. Santana, City Manager (or designee); Employee Organization(s): Unit #1 - Santa Clara Firefighters Association, IAFF, Local 1171; Unit #2 - Santa Clara Police Officer's Association; Unit #3 - IBEW Local 1245 (International Brotherhood of Electrical Workers); Unit #4 - City of Santa Clara Professional Engineers; Units #5, 7 & 8 - City of Santa Clara Employees Association; Unit #6 - AFSCME Local 101 (American Federation of State, County and Municipal Employees); Unit #9 - Miscellaneous Unclassified Management Employees; Unit #9A - Unclassified Police Management Employees; Unit #9B - Unclassified Fire Management Employees; Unit #10 - PSNSEA (Public Safety Non-Sworn Employees Association).

CC

 

·         ACTION:

No Reportable Action

 

 

·         ASSIGNMENT:

City Attorney

 

 

C.

Conference with Legal Counsel-Existing Litigation pursuant to Government Code Section 54956.9(d)(1) Harmon v. City of Santa Clara, et al., United States District Court, Northern District of California Case No. 5:16-cv-04228 EJD.

CC

 

·         ACTION:

Council approved an offset in the amount of $10,000 for the payment of interest amount to the plaintiff against the award of sanctions that were awarded in favor of the City and against the plaintiff with a net yield of sanctions awarded in favor of the City in the amount of $157,631.

 

 

·         ASSIGNMENT:

City Attorney

 

 

 

 

 

 

 

 

D.

Conference with Legal Counsel-Existing Litigation pursuant to Government Code Section 54956.9(d)(1) County of Santa Clara v. Donald J. Trump, et al., Ninth Circuit Court of Appeals, Case No. 17-17480 and City and County of San Francisco v. Donald J. Trump, et al., Case No. 17-17478.

CC

 

·         ACTION:

Council authorized the City to sign on as amicus in support of the City and County of San Francisco and the County of Santa Clara in their defense of their appeal by the United States.

 

 

·         ASSIGNMENT:

City Attorney

 

 

E.

Conference with Legal Counsel-Anticipated Litigation pursuant to Government Code Section 54956.9(d)(2) - Exposure to litigation, Number of potential cases: 1 (FACTS AND CIRCUMSTANCES) pursuant to Government Code Section 54956.9(e)(2) City as potential defendant: Letter dated December 12, 2017, from Rajeev Batra, regarding retirement benefits.

CC

 

·         ACTION:

No Reportable Action

 

 

·         ASSIGNMENT:

City Attorney

 

 

3.

PUBLIC COMMENT REGARDING CLOSED SESSION:

 

4.

RECESS TO CLOSED SESSION (Council Conference Room):

 

5.

5:00 PM JOINT CITY COUNCIL/BOARD OF LIBRARY TRUSTEES DINNER MEETING:

 

A.

Confirmation of Quorum.

CC

 

6.

MONTHLY INFORMATIONAL JOINT CITY COUNCIL/BOARD OF LIBRARY TRUSTEES DINNER MEETING:

 

A.

The Board of Library Trustees will provide the Council with an update on current activities and potential future projects.

CC

 

7.

6:00 PM STUDY SESSION:

 

A.

Confirmation of Quorum.

CC

 

8.

ANNOUNCEMENT OF STUDY SESSION:

 

A.

Tasman East Specific Plan Area Update.

CC

 

9.

7:00 PM REGULAR MEETING CALL TO ORDER:

 

10.

PLEDGE OF ALLEGIANCE AND STATEMENT OF VALUES:

 

 

 

11.

ROLL CALL:

 

A.

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

 

 

12.

CONTINUANCE/EXCEPTIONS:

 

A.

Mayor Gillmor announced the resignation of City Clerk/Auditor Rod Diridon, Jr. 

·         ACTION:  Noted and filed the resignation letter and appointed Jennifer Yamaguma as Acting City Clerk, effective immediately.

 

 

13.

SPECIAL ORDER OF BUSINESS:

 

A.

Recognition of Santa Clara High School and Middle School Students for participation in County, State, National and International Science Competitions.

CC

 

B.

Promotion of a vacancy on the Civil Service Commission.

CC

 

C.

Promotion of a vacancy on the Planning Commission.

CC

 

14.

CONSENT CALENDAR:

 

[Items listed on the CONSENT CALENDAR are considered routine and will be adopted by one motion. There will be no separate discussion of the items on the CONSENT CALENDAR unless discussion is requested by a member of the Council, staff, or public. If so requested, that item will be removed from the CONSENT CALENDAR and considered under CONSENT ITEMS PULLED FOR DISCUSSION.]

 

 

A.

Departmental Reports

 

 

1.

Approval of the request to allow Police Officer Thomas Nelson to accrue over the maximum vacation hours without penalty for the limited duration of time that he is off work pursuant to Labor Code Section 4850.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Chief of Police

 

2.

Approval to set the salary of Lateral Police Officer candidates Keith Busmire and Cody Diller at Step 2, Salary Grade B-31.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Chief of Police

 

3.

Approval to set the salary for Customer Service Representative - Permit Center candidate, Maylan Cummings, at Step 5 of the salary range for schedule A19.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Community Development

 

 

4.

Approval to set the salary for Deputy Fire Marshall II candidate David Williams at Step 3, Salary Grade C-38.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Fire Chief

 

5.

Approval of the new job description for Senior Information Technology Services Manager with the monthly salary range of $12,240 to $15,840 (85% to 110% of Control Point).

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Human Resources

 

6.

Approval of the changes to the List of Designated Positions, including Disclosure Categories, which require the incumbents to file a Conflict of Interest Statement, Form 700.

CC

 

·         ACTION:

Continued to the February 20, 2018 meeting.

 

 

·         ASSIGNMENT:

Dir. Human Resources

 

7.

Approval of the use of City Electric forces for the installation of facilities at 3205 Alfred Street; 979 Wood Duck Court; 4700 Old Ironsides Drive; 2001 Walsh Avenue; 2954 Bunker Hill Lane; and 3150 Coronado Drive.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Chief Electric Utility Officer

 

8.

Adoption of Ordinance No. 1976 which amends subsection (b) of Section 2.10.050 ("Publishing of Legal Notices") of Chapter 2.10 ("City Council") of Title 2 ("Administration and Personnel") of "The Code of the City of Santa Clara, California" which pertains to the fixed locations for posting of legal notices.

CC

 

·         ACTION:

Adopted Ordinance No. 1976.

 

 

·         ASSIGNMENT:

City Attorney

 

 

B.

Agreements

 

 

1.

Approval of an Agreement for the Performance of Services with Hart High-Voltage Apparatus Repair & Testing Company, Inc. in an amount not-to-exceed $150,000 for Fiscal Year 2017-18, or $502,508.50 for a three year term, for electrical maintenance and repair services for the Electric Department Generation Facilities.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Chief Electric Utility Officer

 

 

 

 

 

2.

Adoption of a Resolution authorizing the City Manager to execute the Sustainable Communities Grants Restricted Grant Agreement for Fiscal Year 2017/18 with the California Department of Transportation for the City of Santa Clara Pedestrian Master Plan.

CC

 

·         ACTION:

Adopted Resolution No. 18-8494.

 

 

·         ASSIGNMENT:

Dir. Public Works

 

 

C.

Bills and Claims/Progress Payments

 

 

1.

Approval of Bills and Claims and Progress Payments for January 5-18, 2018.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Finance

 

 

D.

Reports for Information and Possible Action

 

 

E.

Minutes to Note and File

 

 

1.

Youth Commission - December 12, 2017.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

 

F.

Routine Written Petitions for Approval

 

 

15.

PUBLIC PRESENTATIONS:

 

[This item is reserved for persons to address the Council/Stadium Authority/Sports and Open Space Authority/Housing Authority on any matter not on the agenda that is within the subject matter jurisdiction of the City or Authorities. The law does not permit action on, or extended discussion of, any item not on the agenda except under special circumstances. The governing body, or staff, may briefly respond to statements made or questions posed, and appropriate body may request staff to report back at a subsequent meeting. Although not required, please submit to the City Clerk your name and subject matter on speaker cards available in the Council Chambers.]

 

 

A.

Kirk Vartan expressed general comments.

 

 

16.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

17.

UNFINISHED BUSINESS:

 

[Possible Reconsideration of Actions Taken at Immediately Preceding Meeting. (See Summary of Actions for potential reconsideration, which is in the Agenda Packet Binder in the Council Chambers.)]

 

 

 

 

 

 

 

 

 

18.

ITEMS SET FOR HEARING:

 

[Planning Commission items not being appealed, or which are not related to an appeal, will be heard under REPORTS FOR ACTION.] If you challenge a City Council land use decision in court, you may be limited to raising only those issues you or someone else raised at this hearing before the City Council or in written correspondence delivered to the City at, or prior to, the City Council hearing on the matter. (California Government Code Section 65009)

 

 

A.

167 Cronin Drive
(Continued from December 19, 2017)
Consideration of the appeal submitted by David and Barbara Martin to uphold the Planning Commission's denial of the Variance to allow a reduction of the minimum rear yard setback requirement for an unpermitted accessory building from five feet to three feet at the property.
Staff Recommendation: Adoption of a Resolution to overrule the appeal and uphold the Planning Commission's denial (PLN2017-12904). 

CC

 

·         ACTION:

Approved the appeal and overturned the Planning Commission’s denial thereby allowing a reduction of the minimum side setback requirement for an existing accessory building from five feet to three feet.

 

 

·         ASSIGNMENT:

Dir. Community Development

 

 

19.

REPORTS FOR ACTION:

 

20.

STADIUM AUTHORITY ITEMS:

 

21.

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

 

A.

Reports regarding conference attendance, if any.

 

 

A.

Member O'Neill reported on her attendance at a recent meeting of Second Harvest Food Bank of Santa Clara and San Mateo Counties and the increased local need for services.

 

 

22.

CITY MANAGER/EXECUTIVE DIRECTOR REPORTS:

 

23.

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS:

 

24.

ADJOURNMENT:

 

A.

In Memory of Sanford Diller (founder of Prometheus Real Estate Group). The next regular scheduled meeting is on Tuesday evening, February 20, 2018, in the City Hall Council Chambers.

CC SA SOSA HA