MINUTES OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA
FOR MEETING HELD ON TUESDAY EVENING, NOVEMBER 12, 2013

 

 

     The City Council of the City of Santa Clara met at 5:30 pm, on the above-mentioned date, in the City Hall Council Chambers for the regular scheduled meeting.

 

     With a quorum present and with no public comment, 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 representative: 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 - International Brotherhood of Electrical Workers (IBEW), Local 1245, Unit #4 - City of Santa Clara Professional Engineers, Units #5, 7 & 8 - City of Santa Clara Employees Association, Unit #6 - American Federation of State, County and Municipal Employees (AFSCME), Local 101, Unit #9 - Miscellaneous Unclassified Management Employees, Unit #9A - Unclassified Police Management Employees, Unit #9B - Unclassified Fire Management Employees, and Unit #10 - Public Safety Non-Sworn Employees Association (PSNSEA); City Council/City Council acting as the 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 and Conference with Legal Counsel-Existing Litigation pursuant to Government Code Section 54956.9(a); Residents of Santa Clara v. City of Santa Clara, et al.; Santa Clara County Superior Court Case No. 1-13-CV-254623; Conference with Legal Counsel-Existing Litigation pursuant to Government Code Section 54956.9(a)

Velasquez v. City of Santa Clara, et al., United States District Court, Northern District, San Jose Division Case No. CV11-03588 PSG; Conference with Real Property Negotiator pursuant to Government Code Section 54956.8; Property: APN 016-090-037; Negotiating Party(ies): Tim Beals, County of Sierra; 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 Negotiator pursuant to Government Code Section 54956.8; Property: APN 097-01-039; 097-01-073; 104-01-102 and 104-03-036; Negotiating Party(ies): Larry MacNeil and Jim Mercurio, The San Francisco 49ers; City Negotiator: Julio J. Fuentes, City Manager (or designee); Under Negotiation: Parking Rights Agreement; Conference with Legal Counsel-Anticipated Litigation pursuant to Government Code Section 54956.9(b); Potential exposure to litigation: 1 potential case and City Council/City Council acting as the Governing Board of the Successor Agency to the City of Santa Clara Redevelopment Agency Conference with Legal Counsel-Anticipated Litigation pursuant to Government Code Section 54956.9(a); Potential initiation to litigation: 1 potential case (City Attorney – 11/07/13).

 

 

 

     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 Statement of Values.

 

 

 

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

 

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

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Matthews absent), that the Council excuse Mayor Matthews from attendance at this evening’s meeting.

 

 

 

     MOTION was made by Davis, seconded and unanimously carried with Marsalli abstaining (not present at the meeting)(Matthews absent), that the Minutes for the meeting of October 8, 2013 be adopted as written.

 

 

 

     As an exception to the agenda, MOTION was made by Mahan, seconded and unanimously carried (Matthews absent), that the Council continue to the November 19, 2013 Council meeting the consideration of Call No. 13-1 for Professional Services with Mike Keller Consulting LLC, in an amount not to exceed $96,000, for engineering project management services associated with the review of engineering proposals and technical specifications for a Phase Shifting Transformer (Director of Electric Utility – 11/6/13).

 

 

 

     As an item under Special Order of Business, the Council proceeded with the presentation of funds to local charities from the 2013 Santa Clara Art and Wine Festival proceeds. The Director of Parks and Recreation reviewed his report (10/31/13) and introduced Ray Gamma and Roseann LaCoursiere, members of the Parks and Recreation Commission. Together, they presented checks to six charitable groups, for a total of $60,000, as follows: Friends of Santa Clara Parks & Recreation ($14,000), Santa Clara Police Activities League ($14,000), Santa Clara Schools Foundation ($13,000), Santa Clara Senior Center — Health & Wellness/Care Management Program ($10,000), Santa Clara High School Grad Night Committee ($4,500) and Wilcox High School Grad Night Committee ($4,500). Photographs were then taken.

 

 

 

     As an item of Unfinished Business, the Council proceeded to consider the approval to proceed with a Youth Sports Complex Feasibility Study, including community input, for an amount not to exceed $25,000; adoption of draft Guiding Principles; approval to ratify the draft Stakeholder List and select a working group from the list; and directing the City Manager to have the consultant evaluate the options and recommend a strategy for the inclusion or exclusion of Ulistac Natural Area in the Feasibility Study. The City Manager introduced the item and the Director of Parks and Recreation reviewed his memo (11/8/13). In turn, they then answered Council questions. The following people addressed the Council with comments of concern regarding the potential use of the Ulistac Natural Area for the Youth Sports Complex: Julie Rose, Clysta Seney and Jeanne Salander. James Rowen and Stephen Hazel addressed the Council with general comments of concern. Further Council comments were made. MOTION was made by Gillmor, seconded and unanimously carried (Matthews absent), that the Council approve proceeding with a Youth Sports Complex Feasibility Study, including community input, for an amount not to exceed $25,000; adopt draft Guiding Principles; ratify the draft Stakeholder List and select a working group from the list; and direct the City Manager to have the consultant evaluate the options and recommend a strategy for the inclusion or exclusion of Ulistac Natural Area in the Feasibility Study. The Council duly noted and filed correspondence received regarding the Ulistac Natural Area (Executive Assistant to the Mayor and City Council – 11/8/13).

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried (Matthews absent), that, per the Director of Water and Sewer Utilities’ memo (10/10/13), the Council adopt Resolution No. 13-8084 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, APPROVING A WATER SUPPLY ASSESSMENT FOR A PROPOSED DEVELOPMENT AT 3333 SCOTT BOULEVARD (SUPPLEMENTAL)” which approves the Water Supply Assessment (Supplemental) for the proposed development at 3333 Scott Boulevard.

 

 


 

 

     MOTION was made by Mahan, seconded and unanimously carried (Matthews absent), that, per the Director of Public Works/City Engineer’s memo (11/05/13), the Council adopt Resolution No. 13-8085 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, ORDERING THE VACATION OF AN ELECTRIC EASEMENT LOCATED AT 2525 EL CAMINO REAL [APN 216-01-052 (2013-14)]” which orders the vacation of an electric easement at 2525 El Camino Real to the Housing Authority and authorize the recordation of the Resolution with the County Recorder (APN 216-01-052; S.C. 18,645).

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried (Matthews absent), that, per the Director of Electric Utility’s memo (11/05/13), the Council approve the use of City Electric forces for the installation of facilities at 2950 Walsh Avenue and 555 Reed Street.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried (Matthews absent), that, per the City Attorney’s memo (11/08/13), the Council adopt Ordinance No. 1913 entitled, “AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA, AMENDING SECTION 10.05.560 (LIMITED PARKING AREAS) OF THE CODE OF THE CITY OF SANTA CLARA, CALIFORNIA TO REMOVE THE SPECIFIC FINE AMOUNT FROM THE CITY CODE” which amends Section 10.05.560 (Limited Parking Areas) of the City Code to remove the specific fine amount from the City Code.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried (Matthews absent), that, per the Director of Water and Sewer Utilities’ memo (11/05/13), the Council approve, and authorize the City Manager to execute, Amendment No. 1 to the Agreement for Design Professional Services with Schaaf & Wheeler, Consulting Civil Engineers to extend the service through December 31, 2014.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried (Matthews absent), that, per the Director of Human Resources’ memo (11/05/13), the Council approve, and authorize the City Manager to execute, a Memorandum of Understanding (MOU) with Unit #1 - International Association of Firefighters, IAFF, Local 1171 for the term of December 23, 2012 through December 20, 2014.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried (Matthews absent), that, per the Director of Human Resources’ memo(11/05/13), the Council approve, and authorize the City Manager to execute, a Memorandum of Understanding (MOU) with Unit #9B - Unclassified Fire Management Employees for the term of December 23, 2012 through December 20, 2014 and approve applying any salary or fringe benefit changes to the appointed position of Fire Chief, consistent with prior Council action.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried (Matthews absent), that, per the Director of Electric Utility’s memo (10/22/13), 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 to provide bulk chemicals for the Donald Von Raesfeld (DVR) Power Plant.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried (Matthews absent), that, per the Director of Water and Sewer Utilities’ memo (11/05/13), the Council approve, and authorize the City Manager to execute, Change Order No. 1 to the Public Works Contract with Commercial Pump & Mechanical Inc., for the Destruction of Wells No. 1-02, 19 and 33, in the amount of $99,107, to seal the groundwater leakage at Well 19 and increase funding for the Destruction of Wells No. 1-02, 19 and 33 Project by $99,107 (WA 30147).

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried (Matthews absent), that, per the City Librarian’s memo (10/25/13), the Council approve, and authorize the City Manager to execute, an Agreement for Performance of Services with Syserco, Inc., in an amount not to exceed $95,750 for Fiscal Year 2013-14 for replacement of HVAC software controllers to correct simultaneous heating, cooling and excessive air flow at Central Park Library.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried (Matthews absent), that the Council note and file the Informational Memo entitled, “Publication of Notice of Availability of Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) Entitlement Funds and approval of the Fiscal Year 2014-15 application form” (Housing and Community Services Division Manager - 11/04/13).  

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried (Matthews absent), that the Council note and file the Youth Commission Minutes for the meeting of September 10, 2013.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried (Matthews absent), that the Council note and file the Board of Library Trustees Minutes for the meeting of October 7, 2013.

 

 

 

     PUBLIC HEARING: The Vice-Mayor declared the hearing open to obtain citizens' views of the housing and community needs for the Fiscal Year 2014-15 Annual Plan for the use of federal Community Development Block Grant (CDBG) and Home Investment Partnerships Act Program (HOME) entitlement funds. The Director of Planning and Inspection reviewed the Housing and Community Services Division Manager’s memo (11/1/13). Representatives from the following non-profit agencies addressed the Council with comments: Heart of the Valley, Project Sentinel, Senior Adults Legal Assistance and Habitat for Humanity. The Director of Planning and Inspection also noted a letter was received from Santa Clara Methodist Retirement Foundation. With no further public input, MOTION was made by Mahan, seconded and unanimously carried (Matthews absent), that the Council close the public hearing. MOTION was then made by Mahan, seconded and unanimously carried (Matthews absent), that the Council note and file the citizens' views of the housing and community needs for the Fiscal Year 2014-15 Annual Plan for the use of federal Community Development Block Grant (CDBG) and Home Investment Partnerships Act Program (HOME) entitlement funds.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried (Matthews absent), that the Council approve the revised Policy for Use of Library Community Room to change room name from Cedar Room to Margie Edinger Room and note and file the Board of Library Trustees Minutes for the meeting of August 5, 2013.

 

 

 

     The Council proceeded to consider Amendment No. 2 to the Agreement for Services with GHD, Inc. and Service Order No. 6, in an amount not to exceed $82,000, for a total not to exceed $472,000, to provide various specialized engineering services. The Director of Parks and Recreation reviewed the Director of Water and Sewer Utilities’ memo (11/05/13) and answered Council questions. MOTION was then made by Davis, seconded and unanimously carried (Matthews absent), that the Council approve Amendment No. 2 to the Agreement for Services with GHD, Inc. and Service Order No. 6, in an amount not to exceed $82,000, for a total not to exceed $472,000, to provide various specialized engineering services.

 

 

 

     The Council proceeded to consider the appointment of Admas Zewdie, Pete MacKay and Craig Larsen to the Bicycle Advisory Committee (BAC) for the term ending December 31, 2016. James Rowen addressed the Council with general comments. The Director of Public Works/City Engineer made comments and the City Attorney answered Council questions. MOTION was then made by Marsalli, seconded and unanimously carried (Matthews absent), that the Council appoint Admas Zewdie, Pete MacKay and Craig Larsen to the Bicycle Advisory Committee (BAC) for the term ending December 31, 2016 (Director of Public Works/City Engineer – 11/01/13).

 

 


 

 

     Under Public Presentations, Stephen Hazel addressed the Council with comments of general concern. Ravi Deepak addressed the Council with comments regarding Silicon Valley Space Center’s Moffett Federal Airfield Alliance.

 

 

 

     The Council proceeded with the consideration to approve the transfer of $12,345,861 to the Working Capital (Emergency) Reserve and $3,000,000 to the Capital Projects Reserve from the General Fund Operating Cash, effective June 30, 2013. The City Manager reviewed the Director of Finance’s memo (11/6/13). MOTION was then made by Mahan, seconded and unanimously carried (Mathews absent), that the Council approve a transfer of $12,345,861 to the Working Capital (Emergency) Reserve (account 063-44421) and $3,000,000 to the Capital Projects Reserve (account 063-44422) from General Fund Operating Cash (account 001-12010), effective June 30, 2013.

 

 

 

     The Council and Council acting as the Governing Board of the Successor Agency to the City of Santa Clara Redevelopment Agency (Successor Agency) proceeded to consider the approval to ratify the Installment Payment Plan Agreement with the State of California Department of Finance (DOF) related to the Low and Moderate Income Housing Fund Due Diligence Review and approval for the Council to appropriate the City's 10.17% share of the Redevelopment Property Tax Trust Fund (RPTTF) or $7,563,101 to provide the necessary General Fund expenditure authority to make subsequent payments. The City Manager introduced the item and the City Attorney/Agency Counsel reviewed his memo (11/12/13). The Installment Payment Plan will resolve the Low and Moderate Income Housing Fund Due Diligence Review (LMIHF DDR) dissolution issues. The LMIHF DDR determination from the DOF found that the Successor Agency had $63.2 million in cash balances available for distribution to the taxing entities. From that balance, the DOF and the City jointly agreed that $17.7 million could come back for approval by the Oversight Board on the next Recognized Obligation Schedule (ROPS). Once that ROPS is approved, the DOF will reduce the amount owed by the Successor Agency for the LMIHF DDR to $45.5 million. The Housing Authority would then resend the remaining balance of $37.9 million back to the County of Santa Clara for distribution to the taxing agencies, which would further reduce the balance to $7.6 million. Of the $7.6 million, the City would be entitled to approximately 10 percent, or $3.85 million, to be distributed to the taxing entities. As a result of this pattern of redistribution, the City would receive credit of approximately $4.3 million and the balance owed would be reduced to $3.3 million. This pattern would continue until the entire balance is paid. The City Attorney/Agency Counsel and the City Manager then answered Council/Successor Agency questions. MOTION was then made by Gillmor, seconded and unanimously carried (Matthews absent), that the Council and Successor Agency ratify the Installment Payment Plan Agreement with the State of California Department of Finance (DOF) related to the Low and Moderate Income Housing Fund Due Diligence Review and that the Council appropriate the City's 10.17% share of the Redevelopment Property Tax Trust Fund (RPTTF), or $7,563,101, to provide the necessary General Fund expenditure authority to make subsequent payments.

 

 

 

     MOTION was made by Davis, seconded and unanimously carried (Matthews absent), that the Council approve the bills and claims and Progress Payments.

 

 

 

     Under Reports of Councilors and Special Council Committees, Vice-Mayor Kolstad provided a report on behalf of the Mayor, in his absence, regarding his attendance at recent community events.

 

     Council Member Marsalli made complimentary comments to City staff and the Santa Clara Veterans Memorial Committee regarding the well-attended Veterans Memorial Ceremony, held at the Santa Clara Veterans Memorial in Central Park.

 

 

 

     The City Attorney reported that, earlier in the 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 representative: 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 - International Brotherhood of Electrical Workers (IBEW), Local 1245, Unit #4 - City of Santa Clara Professional Engineers, Units #5, 7 & 8 - City of Santa Clara Employees Association, Unit #6 - American Federation of State, County and Municipal Employees (AFSCME), Local 101, Unit #9 - Miscellaneous Unclassified Management Employees, Unit #9A - Unclassified Police Management Employees, Unit #9B - Unclassified Fire Management Employees, and Unit #10 - Public Safety Non-Sworn Employees Association (PSNSEA) and there was no reportable action; City Council/City Council acting as the 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 and there was no reportable action; Conference with Legal Counsel-Existing Litigation pursuant to Government Code Section 54956.9(a); Residents of Santa Clara v. City of Santa Clara, et al.; Santa Clara County Superior Court Case No. 1-13-CV-254623 and there was no reportable action; Conference with Legal Counsel-Existing Litigation pursuant to Government Code Section 54956.9(a)

Velasquez v. City of Santa Clara, et al., United States District Court, Northern District, San Jose Division Case No. CV11-03588 PSG and there was no reportable action; Conference with Real Property Negotiator pursuant to Government Code Section 54956.8; Property: APN 016-090-037; Negotiating Party(ies): Tim Beals, County of Sierra; City Negotiator: Julio J. Fuentes, City Manager (or designee); Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment) and there was no reportable action; Conference with Real Property Negotiator pursuant to Government Code Section 54956.8; Property: APN 097-01-039; 097-01-073; 104-01-102 and 104-03-036; Negotiating Party(ies): Larry MacNeil and Jim Mercurio, The San Francisco 49ers; City Negotiator: Julio J. Fuentes, City Manager (or designee); Under Negotiation: Parking Rights Agreement and there was no reportable action; Conference with Legal Counsel-Anticipated Litigation pursuant to Government Code Section 54956.9(b); Potential exposure to litigation: 1 potential case and there was no reportable action and City Council/City Council acting as the Governing Board of the Successor Agency to the City of Santa Clara Redevelopment Agency Conference with Legal Counsel-Anticipated Litigation pursuant to Government Code Section 54956.9(a); Potential initiation to litigation: 1 potential case and there was no reportable action.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried (Matthews absent), that, per the City Attorney’s memo (11/07/13), the Council set November 19, 2013 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 representative: 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 - International Brotherhood of Electrical Workers (IBEW), Local 1245; Unit #4 - City of Santa Clara Professional Engineers; Unit #5, 7 & 8 - City of Santa Clara Employees Association; Unit #6 - American Federation of State, County and Municipal Employees (AFSCME), Local 101; Unit #9 - Miscellaneous Unclassified Management Employees; Unit #9A - Unclassified Police Management Employees; Unit #9B - Unclassified Fire Management Employees Unit #10 - Public Safety Non-Sworn Employees Association (PSNSEA); 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 Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9(a); Potential initiation of litigation: 1 potential case.

 

 

 

     With no further business, MOTION was made by Gillmor, seconded and unanimously carried, that the Council adjourn at 8:14 pm In Memory of Abel Frederico Azevedo (long time Santa Clara resident and Director of the Santa Clara Soccer Club) to Tuesday evening, November 19, 2013 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