MINUTES OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA
FOR MEETING HELD ON TUESDAY EVENING, APRIL 10, 2012

 

 

     The City Council of the City of Santa Clara met at 6:30 pm, on the above-mentioned date in the City Hall Council Chambers.    

 

     The meeting was called to order with the following members present at the dais:  Council Members Lisa M. Gillmor, Will Kennedy, Patrick Kolstad, Jamie McLeod and Kevin Moore and Mayor Jamie L. Matthews.

 

 

 

     The Council met for a Closed Session in the Council Conference Room for a Conference with Legal Counsel (Existing Litigation) pursuant to Government Code Section 54956.9(a); City of Santa Clara v. Angel's Care Collective, et al.; Santa Clara County Superior Court Case No. 111CV214566 and a Conference with Legal Counsel (Existing Litigation) pursuant to Government Code Section 54956.9(a) Josephine Smith, et al. v. City of Santa Clara, et al.; United States District Court, Northern District of California, San Jose Division; No. C 11-03999 PSG.

 

 

 

     The Council then met at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.  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, Jamie McLeod and Kevin Moore and Mayor Jamie L. Matthews.  Absent:  Council Member Patricia M. Mahan (excused).

 

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

 

 

    

     MOTION was made Gillmor, seconded and unanimously carried (Mahan absent), that, per the Executive Assistant to the Mayor’s memo (04/05/12) the Council excuse Council Member Mahan from attendance at this evening’s meeting.

 

 

 

     MOTION was made by  Gillmor, seconded and unanimously carried (Mahan absent), that the Minutes for the March 6, 2012 meeting be adopted as written.  

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Mahan absent), that the Minutes for the March 9, 2012 – Special Meeting be adopted as written. 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Mahan absent), that the Minutes for the March 13, 2012 – Special Meeting be adopted as written.

 

 

 

     As an exception to the Agenda, the City Manager noted an additional item for Council consideration regarding the adoption of a Resolution acting as the Governing Board of the Successor Agency for the Redevelopment Agency of the City which approves the recognized obligation payment schedule, approving the Successor Administrative budget and directing the City Manager to take all actions necessary to effectuate associated requirement of ABX1 26.  The City Attorney noted under the Ralph Brown Act, Government Code Section 54954.2(b)(2), an action on an item not appearing on a posted agenda may occur if the City Council determines by a two thirds vote that:  1) a need for action that arose after the agenda was posted 2) that the action cannot wait until the next regular meeting, which in this case is on April 24, 2012.  The Director of Finance then reviewed his memo (04/10/12).  MOTION was made by Gillmor, seconded and unanimously carried (Mahan absent), that the Council approve the addition of an item to the agenda, under Reports for Council action, regarding the adoption of a Resolution acting as the Governing Board of the Successor Agency for the Redevelopment Agency of the City which approves the recognized obligation payment schedule, approving the Successor Administrative budget and directing the City Manager to take all actions necessary to effectuate associated requirement of ABX1 26.

 

 

 

     As a Special Order of Business, the Council proceeded with the presentation from Santa Clara Unified School District (SCUSD) regarding Measure A - a Parcel Tax on the May 8, 2012 Mail-in Only Ballot (Senior Staff Aide – 04/02/12).  Bobbie Plough, Ed.D., Superintendent of SCUSD addressed the Council with an electronic presentation.  Elise DeYoung, President of the Board of Education, addressed the Council with additional information on Measure A.  Council comments were then made.  Dr. Plough answered Council questions.  Further Council comments were made.  By Council consensus, directed the City Manager to include information regarding the measure on the City website and Municipal Cable Channel 15.

 

 

 

     MOTION was made by Moore, seconded an unanimously carried (Mahan absent), that, per the City Clerk/Auditor’s memo (04/02/12), the Council accept Georgina Aguiar Dinh's resignation from the Board of Library Trustees, effective immediately; declare a vacancy on the board for the partial term ending June 30, 2015; set June 26, 2012 as a Special Order of Business for the recognition of Ms. Dinh for her service on the board; and set May 16, 2012 at 5:00 pm as the deadline for the receipt of applications, with interviews to be held on May 22, 2012 at   6:00 pm in the reception lobby area adjacent to the City Clerk’s office to fill the partial term vacancy ending June 30, 2015.

 

 

 

     Peter Yoon, Chair of the Board of Library Trustees, addressed the Council with an electronic presentation regarding the opportunity to serve on the Board (City Librarian – 04/02/12).  

 

 

 

     As an exception to the agenda, per the Assistant City Manager’s request, MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that, the Council withdraw the memo regarding the acceptance of a donation from the Historic Preservation Society of Santa Clara, in the amount of $800, to help support the Senior Center Case Management Program and authorization to transmit a letter of appreciation signed by the Mayor and City Manager, due to this item already being approved at the March 27, 2012 meeting (Director of Parks and Recreation – 04/02/12).

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that, per the Executive Assistant to the City Manager’s memo (04/03/12), the Council refer the Miss Santa Clara Auxiliary's budget request for Fiscal Year 2012-13, in the amount of $12,000, to the May 22, 2012 Budget Study Session.

 

 

 

MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that, per the Director of Human Resource’s memo (03/29/12), the Council approve the revised job description for Parks Construction, Maintenance and Repair Supervisor.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that, per the Housing and Community Services Division Manager’s memo (03/22/12), the Council approve the update to the Housing Rehabilitation Program Procedural Manual used for administering the Neighborhood Conservation and Improvement Program (NCIP)

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that, per the Director of Parks and Recreation’s memo (04/02/11), the Council accept a donation from Gary Ziebarth, in the amount of $100, to help support the Woodshop Program at the Senior Center and authorize the transmittal of a letter of appreciation signed by the Mayor and City Manager. 

 

 

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that, per Acting Director of Water and Sewer Utilities’ memo (04/02/12), the Council approve the solicitation of proposals from various consultants for the Northside Tanks Rehabilitation Project.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried with Gillmor abstaining (place of business is located near subject property) (Mahan absent), that, per the Acting Director of Streets and Automotive Services’ memo (03/01/12), the Council adopt Resolution No. 12-7923, entitled “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, OF INTENTION TO ORDER THAT THE ALTERNATIVE METHOD FOR THE LEVY OF BENEFIT ASSESSMENT BE MADE APPLICABLE TO CITY OF SANTA CLARA PARKING MAINTENANCE DISTRICT NO. 122, PROVIDING FOR NOTICE OF HEARING THEREON, APPROVING DIRECTOR'S REPORT, AND PROVIDING FOR NOTICE OF HEARING ON DIRECTOR'S REPORT FOR FISCAL YEAR 2012/13” which adopts a Resolution of intention to order that the alternative method for the levy of benefit assessment be made applicable to the City of Santa Clara Parking Maintenance District No. 122, providing for notice of a Public Hearing and approving the Director's Report for Fiscal Year 2012-13; set June 12, 2012 for a Public Hearing; and authorize the publication of a Notice of Public Hearing.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried with Kennedy abstaining (residence is located near subject property) (Mahan absent), that, per the Director of Public Works/City Engineer’s memo (04/02/12), the Council adopt Resolution No. 12-7924 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, REPEALING CERTAIN PARKING REGULATIONS ON LOS PADRES BOULEVARD, JACKSON STREET, KAREN DRIVE, WHITE DRIVE, WASHINGTON STREET AND AGATE DRIVE” which repeals Section 1 of Resolution No. 5242 which established a Disabled Parking zone on Los Padres Boulevard (in front of 721 Los Padres Boulevard); repeals Section 2 of Resolution No. 6493 which established a Disabled Parking zone on Jackson Street (in front of 2024 Jackson Street); repeals Resolution No. 7210 which established a Disabled Parking zone on Karen Drive (in front of 2419 Karen Drive); repeals Resolution No. 7458 which established a Disabled Parking zone on White Drive (in front of 1320 White Drive); repeals Resolution No. 7574 which established a Disabled Parking zone on Washington Street (in front of 251 Washington Street); and repeals Resolution No. 7669 which established a Disabled Parking zone on Agate Drive (in front of 3399 Agate Drive). 

 

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that, per the Director of Water and Sewer Utilities’ memo (03/27/12), the Council adopt Resolution No.    12-7925 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, APPROVING A WATER SUPPLY ASSESSMENT FOR A PROPOSED OFFICE BUILDING DEVELOPMENT AT 5403 STEVENS CREEK BOULEVARD” which

approves a Water Supply Assessment for a proposed office building development at 5403 Stevens Creek Boulevard.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that, per the City Attorney’s memo (04/04/12), the Council adopt Ordinance No. 1895 entitled, “AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA, AMENDING TITLE 10 (“VEHICLES AND TRAFFIC”) OF “THE CODE OF THE CITY OF SANTA CLARA, CALIFORNIA” TO DELEGATE CERTAIN TRAFFIC AND MOTOR VEHICLE REGULATORY FUNCTIONS FROM CITY COUNCIL TO CITY MANAGER OR DESIGNEE” which amends Title 10 (Vehicles and Traffic) of Chapter 10.05 (Motor Vehicle and Traffic Regulations) of the City Code to delegate certain traffic and motor vehicle regulatory functions from the City Council to the City Manager or designee.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that, per the City Manager’s memo (04/02/12), the Council note and file the Departmental Activity Report for the month of February 2012.  

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that, per the Director of Electric Utility’s memo (03/20/12), the Council approve a Project Manual for unit price bidding and construction for the Fiber Optic Backbone Installation of Communication, Substructures and Aerial Cable Master Construction Project (Public Works Contract 2004B); direct the City Manager to solicit bids for the project according to standard procedures; delegate authority to the City Manager to award the contract to the lowest responsible and responsive bidder; and authorize the City Manager to execute contract documents and amendments under this agreement, as required under the fiber lease agreement.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that, per the Director of Electric Utility’s memo (04/02/12), the Council approve, and authorize the City Manager to execute, an Agreement for the Performance of Services with Univar USA, Inc., in an amount not to exceed $100,000, for bulk chemicals for the Donald Von Raesfeld (DVR) Power Plant.

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that, per the Acting Assistant Director of Streets and Automotive Services’ memo (03/20/12), the Council approve and authorize the City Manager to execute an Agreement for the Performance of Services with Fresh Creek Technologies (FCT), Inc. for the purchase, installation and maintenance of full trash capture netting systems at the Westside Storm Retention Basin.   

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that, per the Acting Assistant Director of Street and Automotive Services memo (03/12/12), the Council approve, and authorize the City Manager to execute, an Agreement for the Performance of Services with S and S Supplies & Solutions, in an amount not to exceed $127,000, to upgrade fall protection equipment at storm pump station facilities.    

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that the Council note and file the Informational Memo entitled “Bright Home Program Accomplishments” (Housing and Community Services memo – 03/22/12).

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that the Council note and file the Board of Library Trustees Minutes for the meeting of February 6, 2012.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that the Council note and file the Board of Library Trustees Minutes for the meeting of March 5, 2012.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that, per, the Director of Planning and Inspection’s memo (03/29/12) the Council note and file the Planning Commission Minutes for the meeting of February 29, 2012.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that the Council note and file the Cultural Advisory Commission Minutes for the meeting of March 5, 2012.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that, per the Director of Planning and Inspection’s memo (04/10/12) the Council approve the Special Permit request from Bob Bauer, Russell's Furniture - 2645 El Camino Real to conduct two outdoor sales events from May 24 - May 29, 2012 and August 31 - September 4, 2012 and allow a 20' x 50' square foot tent in the parking lot for both events, subject to conditions (PLN2012-09115).

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that, per the Director of Parks and Recreation’s memo (04/02/12) the Council approve the request from Santa Clara Kiwanis Club to use the City Hall Reflection Pond for the Annual Fish Derby on April 21, 2012. 

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried (Mahan absent), that, per City Librarian’s memo (03/28/12) the Council accept estimated revenue from the California State Library Services and Technology Act (LSTA) grant funds for Fiscal Year 2011-12, in the amount of $2,969, for the Santa Clara City Library, A Circuit of Service Program (account 112-1231-55580-(G)CSL09); approve the appropriation of the grant funds as follows:  a) $1,459 to the Library, Salaries and Wages-As Needed (account 112-1231-87020-(G)CSL09) for library staff services,    b) $560 to the Library, Office supplies (account 112-1231-87500-(G)CSL09) for supplies, c) $600 to the Library, Printing, Binding and Books (account 112-1231-87580-(G)CSL09) for books added to the collection, and d) $350 to the Library, Advertising and Community Promotion (account 112-1231-87710-(G)CSL09) for payment to author Francisco Jimenez for contractual services; and approve unexpended appropriations to be re-appropriated each fiscal year over the life of the grant .

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that, per the City Librarian’s memo (04/04/12), the Council accept estimated revenue from the California State Library Services and Technology Act (LSTA) grant funds for Fiscal Year 2011-12, in the amount of $5,000, for the Santa Clara City Library, Project Step Into Graphic Novels (SIGN) (account 112-1241-55580-(G)CSL08); approve the appropriation of the grant funds as follows:  a)  $590 to the Library, Salaries and Wages – As-Needed (account 112-1241-87020-(G)CSL08) for library staff;      b) $280 to the Library, Office Supplies (account 112-1241-87500-(G)CSL08) for material and supplies; c) $3,630 to the Library, Printing, Binding and Books (account 112-1241-87580-(G)CSL08) for book giveaways; and d) $500 to the Library, Advertising and Community Promotion (account 112-1241-87710-(G)CSL08) for programming; approve unexpended appropriations to be re-appropriated each fiscal year over the life of the grant.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that, per the City Librarian’s memo (03/28/12), the Council accept estimated revenue from the Santa Clara City Librarian Foundation and Friends grant funds, in the amount of $1,700, for the Santa Clara Unified School District’s (SCUSD) Young Parents Center during the 2011-12 school year; approve appropriations of the grant funds to Library Salary and Wages – As-Needed (account 001-1231-87020) for library staff facilitating the family literacy events for the teen moms at the Young Parents Center; and approve unexpended appropriations to be re-appropriated each fiscal year over the life of the grant.

 

 

 

     The Council proceeded to consider the Director of Finance’s memo (04/10/12) regarding the adoption of a Resolution acting as the Governing Board of the Successor Agency for the Redevelopment Agency of the City, approving the recognized obligation payment schedule, approving the Successor Agency Administrative budget and directing the City Manager to take all actions necessary to effectuate associated requirements of ABX1 26.   The Assistant City Manager introduced the item.  Approval of the amended resolution will facilitate the ability of the City as Successor Agency to continue payment of the enforceable obligations of the former Redevelopment Agency which would get included on the  Certified Recognized Obligation Payment Schedule (ROPS).  Council comments were made. MOTION was made by McLeod, seconded and unanimously carried (Mahan absent), that the Council adopt Resolution No. 12-7926 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA, ACTING AS THE GOVERNING BOARD OF THE SUCCESSOR AGENCY FOR THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA CLARA, APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE, APPROVING THE SUCCESSOR AGENCY ADMINISTRATIVE BUDGET, AND DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE ASSOCIATED REQUIREMENTS OF ABX1 26” which repeals Resolution No. 12-7919 and directs the City Manager or designee to take all steps on behalf of the Successor Agency to implement upcoming requirements under the Dissolution Act, including providing necessary notices, transmittals and postings regarding the Enforceable Obligation Payment Schedule (EOPS), ROPS and Successor Agency administrative budget, and facilitating the formation and convening of the Oversight Board.

 

 

 

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

 

 

 

     The Assistant City Manager made comments regarding Jennifer Sparacino, City Manager’s recent announcement of her retirement effective June 30, 2012.

 

 

 

     The City Attorney reported that earlier in the evening the Council met at 6:30 pm for a Closed Session in the Council Conference Room for a Conference with Legal Counsel (Existing Litigation) pursuant to Government Code Section 54956.9(a); City of Santa Clara v. Angel's Care Collective, et al.; Santa Clara County Superior Court Case No. 111CV214566 and that the Council approved an Agreement for payment of administration fines by Angel's Care Collective, et al. to the City, in the amount of $127,000; and approved to hold in abeyance any legal action until rulings are made by the California Supreme Court on
four medical marijuana dispensary related cases.  The Council also met for a Conference with Legal Counsel (Existing Litigation) pursuant to Government Code Section 54956.9(a) Josephine Smith, et al. v. City of Santa Clara, et al.; United States District Court, Northern District of California, San Jose Division; No. C 11-03999 PSG and that there was no reportable action.

 

 

 

     The Council set April 24, 2012 at 6:00 pm for a Closed Session in the Council Conference Room for a Conference with Legal Counsel (Anticipated Litigation) pursuant to Government Code Section 54956.9(b)(1); (Facts and Circumstances) pursuant to Government Code Section 54956.9(b)(3)(C); City as potential defendant:  June 2, 2011, letter from Robert Rubin of Lawyers Committee for Civil Rights of the San Francisco Bay Area, regarding the City's election system.

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried (Mahan absent), that there being no further business, the meeting was adjourned at 7:35 pm to Tuesday evening, April 24, 2012 at 6:00 pm for a Closed Session in the Council Conference Room and 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.

 

 

 

 

 

 

 

 

 ATTEST:  ________________________

                     City Clerk

 

 

 

 

APPROVE: ________________________

                     Mayor