MINUTES OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA
FOR MEETING HELD ON TUESDAY EVENING, JUNE 14, 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 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) and for a Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 Property:  APN 104-43-030; Negotiating Party(ies):  Santa Clara Stadium Authority 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) 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, Director of Finance, Director of Planning and Inspection, Director of Public Works/City Engineer, Assistant City Attorney – Julia Hill and Assistant City Clerk.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that the Minutes for the meeting of May 17, 2011 be adopted as written.

 

 

 

     Under Continuances/Exceptions, the City Manager noted that two continuance requests had been received. The first was in regard to the approval to review the letter from Mezzetti Law Firm, Inc., representing Joseph C. Montana Jr. (Montana Group), requesting an Exclusive Negotiating Agreement (ENA) to develop two City-owned parcels adjacent to the proposed San Francisco 49ers project site and approval to consider the City Manager's agenda report outlining options for processing the request and provide Council direction to the City Manager (APN 104-03-038 and APN 104-03-039). The City Manager stated that a letter was received by Mr. Mezzetti stating that Mr. Montana sustained non-life threatening injuries in an accident over the weekend, which precluded him from appearing before the Council this evening (06/13/11) therefore, the City Manager recommended continuing the item. MOTION was made by Gillmor, seconded and unanimously carried, that the Council continue the consideration for the approval to review the letter from Mezzetti Law Firm, Inc., representing Joseph C. Montana Jr. (Montana Group), requesting an Exclusive Negotiating Agreement (ENA) to develop two City-owned parcels adjacent to the proposed San Francisco 49ers project site; approval to consider the City Manager's agenda report outlining options for processing the request and provide Council/Agency direction to the City Manager (APN 104-03-038 and APN 104-03-039) (Mayor – 06/08/11) and staff recommendation to direct the City Manager to proceed with Option 2 outlined within the City Manager’s memo (06/10/11), which includes commencing with the Request for Qualifications (RFQ)/Request for Proposals (RFP) process for the two City-owned parcels adjacent to the proposed San Francisco 49ers project site and report back to the Council with a proposed calendar of events to accomplish a competitive bid process (APN 104-03-038 and APN 104-03-039) to the July 12, 2011 Agency meeting. The Council duly noted and filed an email received from Edward Strine (06/13/11) in support of the development.

 

     The City Manager then stated that the second continuance request was in regard to the adoption of a Resolution overruling protests and ordering that the alternative method for the levy of benefit assessment be made applicable to the Santa Clara Convention Center Complex Maintenance District No. 183 and approving, confirming and adopting Director's Report for Fiscal Year 2011-12. She stated that a letter had been received by Miles H. Imwalle of Morrison Foerster, representing Equity Office Techmart LLC (Techmart), which stated that Techmart objected to the budget proposal for the operation and maintenance services to be paid for by the assessment because it was thought to be excessive (06/10/11 and 06/14/11). She stated that because this item was properly noticed and because of the late arrival of the letter from Techmart, she did not recommend continuing the item. 

 

 

 

     As a Special Order of Business, the Mayor/Chairperson opened the Joint Public Hearing of the Council/Agency/Authority/Stadium Authority/Housing Authority to consider the City, Redevelopment Agency, Sports and Open Space Authority, Santa Clara Stadium Authority and Housing Authority Annual Budget for Fiscal Year 2011-12 including Community Development Block Grant (CDBG) and HOME Program Funding, Capital Improvement Projects, Municipal Fee Schedule, Appropriations Limit, Use of Asset Seizure Funds and the Budget Errata Memo (Director of Finance/Treasurer/Finance Director – 06/07/11). The City Manager/Executive Director corrected that the proposed Stadium Authority proposed budget is $1,505,080. She then gave an electronic presentation which included an overview of the proposed budget and noted that the proposed budget is balanced in part because of the great cooperation from City employees and bargaining groups and from a slight improvement in economic development. She also stated that this is the second year of a three year effort to balance a structural deficit. She continued the electronic presentation by reviewing the budget briefings and public meetings that were held in regard to the proposed budget. The Fiscal Year 2011-12 Proposed Annual Budget totals $558.9 million, which represents a 2.2% increase over Fiscal Year 2010-11, which is primarily due to an increase in benefit costs, debt service payments and resource and production costs. She stated that at the beginning of the budget process, Fiscal Year 2011-12 showed a deficit of more than $4 million even with many of the strong steps continued from Fiscal Year 2010-11 to address the deficit, which compares to $20 million from last fiscal year, with the primary drivers including continuing revenue impacts from the recession and pension cost increases. However, actions taken to balance the Fiscal Year 2011-12 budget include adjusting revenues based on higher than expected Fiscal Year 2010-11 collections, full year savings from unpaid furloughs and layoffs, an additional 2.75 full time equivalent (FTE) positions eliminated and an increased number of frozen positions. In addition, an increase in fees to move closer to full cost recovery, a proposal to sell one of five City-owned small properties to the Housing Authority for $0.4 million, continue staff charges to Capital Improvement Program (CIP) projects and savings from further reducing departmental materials, services and supplies budgets. She continued the electronic presentation by outlining employee changes, which included the elimination of 26.25 FTEs in the last two years, 70 FTEs frozen positions, 25-30 vacant positions due to attrition and noted that eight of ten bargaining units agreed to forego December 2010 and December 2011 general salary adjustments and take unpaid furloughs equivalent to about one day per month. She then reviewed the budget themes of economic development, minimizing impacts on City services and innovative service delivery and cost savings measures. The Director of Finance/Treasurer/Finance Director then continued the electronic presentation by reviewing the total resources of the proposed budget, appropriations by category, revenue by source and gave a reserve status update. The City Manager/Executive Director continued the electronic presentation by reviewing the rate and fee impact on enterprise funds (electric utility, water utility, recycled water and sewer utility) and stated that the City continues to provide the lowest combined electric, water and sewer rates in the nine Bay Area counties. She then reviewed the $68.8 million Capital Improvement Program budget, the $20.1 million Redevelopment Agency budget, the $5.5 million Housing Authority budget and the $5.5 million Sports and Open Space Authority budget. She then reviewed the $1.5 million proposed Stadium Authority budget, which includes salaries and benefits for staff that will work on the stadium project and legal and consulting costs, including annual audit, fiscal/economic consultant and legal services and supplies such as printing and publication costs. The Stadium Authority operating budget is covered by payments from the 49ers Stadium Company (Stadco). She continued the electronic presentation by reviewing the proposed Fiscal Year 2011-12 Municipal Fee Schedule. She then stated in conclusion, that significant progress has been made but challenges continue due to the lingering impacts of the Great Recession and reiterated that the proposed budget is balanced and expenditure controls need to continue. She acknowledged the outstanding dedicated employees and Santa Clara community for working alongside the City to meet challenges and noted that the budget is consistent with the Council Priority and Supporting Principles. The City Manager/Executive Director then responded to questions that had previously been received, including questions by the Citizens Advisory Committee (CAC) (06/10/11 and 06/14/11 and City Manager – 06/14/11). The City Manager/Executive Director and the Director of Finance/Treasurer/Finance Director then answered Council/Agency/Authority/Stadium Authority/Housing Authority questions. With no public input, MOTION was made by Kennedy, seconded and unanimously carried, that the Council/Agency/ Authority/Stadium Authority/Housing Authority close the joint public hearing. MOTION was made by Kolstad, seconded and unanimously carried, that the Council adopt Resolution No. 11-7857 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, ESTABLISHING FISCAL YEAR 2011-12 APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA STATE CONSTITUTION AS IMPLEMENTED BY TITLE 1, DIVISION 9 (ENTITLED ‘EXPENDITURE LIMITATIONS’ — SECTION 7900 ET SEQ.) OF THE CALIFORNIA GOVERNMENT CODE” which establishes the Appropriation Limit for 2011 of $291,996,814 as computed by the Finance Department. According to regulations, Fiscal Year 2011-12 appropriations classified within this limit total $96,374,223. MOTION was made by Kolstad, seconded and unanimously carried, that the Council/Agency/Authority/Stadium Authority/Housing Authority approve the City of Santa Clara proposed 2011-12 Capital Improvement Project (CIP) Budget of $63,278,568 and the Housing Authority Proposed CIP Budget of $5,500,000, plus adjustments as noted in the 2011-12 Budget Errata Memo. MOTION was made by Kolstad, seconded and unanimously carried, that the Council/Agency/Authority/Stadium Authority/ Housing Authority approve the City of Santa Clara proposed 2011-12 total budget of $558,911,268, including the Operating Budget of $495,632,700 and CIP Budget of $63,278,568, plus adjustments as noted in the 2011-12 Budget Errata Memo. MOTION was made by Kolstad, seconded and unanimously carried, that the Council/Agency/Authority/Stadium Authority/Housing Authority approve the Redevelopment Agency proposed 2011-12 total budget of $20,051,916. MOTION was made by Kolstad, seconded and unanimously carried, that the Council/Agency/Authority/Stadium Authority/Housing Authority approve the Sports and Open Space Authority proposed 2011-12 total budget of $5,463,040. MOTION was made by Kolstad, seconded and unanimously carried, that the Council/Agency/Authority/Stadium Authority/Housing Authority approve the Housing Authority proposed 2011-12 total budget of $5,500,000 (which includes the CIP budget of $5,500,000). MOTION was made by Kolstad, seconded and unanimously carried, that the Council/Agency/Authority/Stadium Authority/Housing Authority approve the Stadium Authority proposed 2011-12 total budget of $1,505,080, as noted in the 2011-12 Budget Errata Memo. MOTION was made by Kolstad, seconded and unanimously carried, that the Council/Agency/Authority/Stadium Authority/Housing Authority approve the City of Santa Clara Five-Year Financial Plan 2012-13 through 2016-17 (the Five Year Financial Plan will be updated based on the adopted 2011-12 budgets and included as part of the adopted Operating and CIP budget documents). MOTION was made by Kolstad, seconded and unanimously carried, that the Council adopt Resolution No. 11-7858 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, FINDING THAT THE USE OF THE REDEVELOPMENT AGENCY'S LOW AND MODERATE INCOME HOUSING FUND BY THE CITY HOUSING AUTHORITY FOR HOUSING SERVICES TO BE PROVIDED IN FISCAL YEAR 2011-12 OUTSIDE OF THE REDEVELOPMENT PROJECT AREAS BY CATHOLIC CHARITIES OF SAN JOSE, SILICON VALLEY INDEPENDENT LIVING CENTER, COUNCIL ON AGING OF SANTA CLARA COUNTY, NEXT DOOR: SOLUTIONS TO DOMESTIC VIOLENCE, EHC LIFEBUILDERS, INNVISION AND PROJECT SENTINEL WILL BENEFIT THE REDEVELOPMENT PROJECT AREAS” and that the Agency adopt Resolution No. 11-17(RA) entitled, “A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA CLARA, CALIFORNIA, FINDING THAT THE USE OF THE REDEVELOPMENT AGENCY'S LOW AND MODERATE INCOME HOUSING FUND BY THE CITY HOUSING AUTHORITY FOR HOUSING SERVICES TO BE PROVIDED IN FISCAL YEAR 2011-12 OUTSIDE OF THE REDEVELOPMENT PROJECT AREAS BY CATHOLIC CHARITIES OF SAN JOSE, SILICON VALLEY INDEPENDENT LIVING CENTER, COUNCIL ON AGING OF SANTA CLARA COUNTY, NEXT DOOR: SOLUTIONS TO DOMESTIC VIOLENCE, EHC LIFEBUILDERS, INNVISION AND PROJECT SENTINEL WILL BENEFIT THE REDEVELOPMENT PROJECT AREAS” which determine that the use of Redevelopment Agency's Low- and Moderate-Income Housing Fund for housing services outside of the redevelopment project areas will benefit the redevelopment project areas. MOTION was made by Kolstad, seconded and unanimously carried, that the Agency adopt Resolution No. 11-18(RA) entitled, “A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA CLARA, CALIFORNIA, DETERMINING THAT THE PLANNING AND ADMINISTRATIVE EXPENSES TO BE FUNDED IN FISCAL YEAR 2011-12 BY THE LOW AND MODERATE INCOME HOUSING FUND ARE NECESSARY FOR THE PRODUCTION, IMPROVEMENT AND/OR PRESERVATION OF AFFORDABLE HOUSING FOR LOW AND MODERATE INCOME HOUSEHOLDS” which determines that the planning and administrative expenses provided in the budget to be made from the Low- and Moderate-Income Housing Fund are necessary for the production, improvement or preservation of low- and moderate-income housing. MOTION was made by Kolstad, seconded and unanimously carried, that the Council/Agency/Authority/Stadium Authority/Housing Authority approve the continuation of the contribution rate to the Redevelopment Agency Housing fund of up to an additional 10% of tax increment funds received by the Bayshore North Redevelopment Project Area above the State mandated 20% contribution rate. MOTION was made by Kolstad, seconded and unanimously carried, that the Council/Agency/Authority/Stadium Authority/Housing Authority approve the disposition of $17,649.29 from the Give A Little...Help A Lot community donation campaign. MOTION was made by Kolstad, seconded and unanimously carried, that the Council/Agency/Authority/Stadium Authority/Housing Authority approve the use of $63,600 for police activities and programs from the Asset Seizure Trust Fund as requested by the Chief of Police. MOTION was made by Kolstad, seconded and unanimously carried, that the Council/Agency/Authority/Stadium Authority/Housing Authority approve the Conference, Training and Travel guidelines for City Board/Commissions. MOTION was made by Kolstad, seconded and unanimously carried, that the Council adopt Resolution No. 11-7859 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, ADOPTING THE "CITY OF SANTA CLARA MUNICIPAL FEE SCHEDULE 2011-12" WHICH IMPOSES NEW FEES, AMENDS EXISTING FEES AND RETAINS UNCHANGED FEES FOR VARIOUS CITY DEPARTMENTS” which establishes the 2011-12 Municipal Fee Schedule and refer the policy regarding fees for Parks and Recreation programs to the City Manager and Parks and Recreation Commission for review and policy recommendations to the City Council. The Council/Agency/Authority/Stadium Authority/ Housing Authority duly noted and filed an email received by Rich Solis (06/07/11).

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the City Manager’s memo (06/06/11), the Council note and file the Departmental Activity Report for the month of April 2011.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (06/07/11), the Council approve the use of City Electric forces for the installation of facilities at 575 Chapman Court.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the City Manager’s memo (06/06/11), the Council approve authorize the publication of the August 2011 Mission City SCENES.

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Director of Human Resources’ memo (06/01/11), the Council approve, and authorize the City Manager to execute, the renewal of the Excess Workers' Compensation Insurance Policy with the California State Association of Counties Excess Insurance Authority in an amount not to exceed $604,900.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Director of Finance’s memo (06/07/11), the Council approve the renewal of Excess Liability Insurance with Alliant National Municipal Liability Program (ANML) for the period of July 1, 2011 to July 1, 2012, authorize payment of insurance premium to Alliant Insurance Services, in the amount of $148,200, and authorize the City Manager to execute all related documents.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Director of Parks and Recreation’s memo (06/01/11), the Council accept of the work performed by KEL-TEC Builders, Inc. on the Bracher Park Restroom Project and authorize the recordation the Notice of Completion with the County Recorder (PK 09-10-01).

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Human Resources Division Manager’s memo (05/09/11), the Council approve the Stipulations with Request for Award, based on the recommendation of the City's Workers' Compensation Claims Administrator, Cambridge Integrated Services, to settle the claims for the injury Gregory Phillips, retired Assistant Training Officer, sustained on January 23, 2010.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Director of Finance’s memo (06/03/11), the Council approve the renewal of insurance with Navigators Specialty Insurance Company (NIC) for the period of July 1, 2011 - July 1, 2012, for the Convention Center Maintenance District #183 Parking Garage and Common Areas, authorize payment of insurance premium to Alliant Insurance Services, in the amount of $25,083.56 and authorize the City Manager to execute all related documents.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Director of Finance’s memo (06/03/11), the Council approve the renewal of earthquake and flood insurance for the Grizzly Hydroelectric Plant for the period of July 1, 2011 - July 1, 2012, authorize payment of insurance premium to Alliant Insurance Services, Inc., in the amount of $76,043.63 and authorize the City Manager to execute all related documents.

 

 


 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Director of Finance’s memo (06/02/11), the Council approve the renewal of the Boiler and Machinery Insurance for the Donald Von Raesfeld (DVR) Power Plant for the period of July 1, 2011 - July 1, 2012, authorize payment of insurance premiums to Alliant Insurance Services, in the amount of $208,125 and authorize the City Manager to execute all related documents.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Director of Finance’s memo (06/02/11), the Council approve the renewal of Master Property Insurance and Excess Boiler and Machinery Insurance for the period of July 1, 2011 - July 1, 2012, authorize payment of insurance premium to Alliant Insurance Services, in the amount of $477,569 and authorize the City Manager to execute all related documents.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Fire Chief’s memo (06/09/11), the Council set July 5, 2011 for a Public Hearing for adoption of a Resolution confirming the report on the cost of weed abatement and making assessment to pay the related costs and expenses in conjunction with the 2011 Weed Abatement Program and authorize the publication and posting of the Notice of Public Hearing.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (05/26/11), the Council approve, and authorize the City Manager to execute, Call No. 11-1 for Professional Services with Flynn Resource Consultants, Inc., in the amount of $250,000, for consulting support services related to transmission projects for the Electric Department Resources Division.  

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (05/26/11), the Council approve, and authorize the City Manager to execute, Call No. 11-2 for Professional Services with Flynn Resource Consultants, Inc., in the amount of $400,000, for California Independent System Operator (CAISO) issues and litigation support for the Electric Department Resources Division.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (05/26/11), the Council approve, and authorize the City Manager to execute, Amendment No. 2 to Call No. 10-2 for Professional Services with Consolidated Engineering Laboratories, in the amount of $2,300 for a total not to exceed amount of $53,576.49, for Gamma Gamma Logging (GGL) pile testing services at Walsh Substation.

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (06/02/11), the Council approve, and authorize the City Manager to execute, a Call Agreement for Consulting Services and Call No. 11-1 for Professional Services with Navigant Consulting, Inc., in the amount of $60,000, for assistance in North American Electric Reliability Corporation (NERC) and Western Electricity Coordinating Council (WECC) reliability standards compliance support.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (06/01/11), the Council approve, and authorize the City Manager to execute, Amendment No. 1 to Call No. 10-1 for Professional Services with Eagle Systems International, Inc. dba Synergy Companies, at no additional cost, to extend the term to December 31, 2011 for the Low Income/Multi-Family Weatherization Program Third Party Energy Efficiency Program.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (06/07/11), the Council approve, and authorize the City Manager to execute, Call No. 11-1 for Professional Services with Electrical Distribution Design, Inc., in the amount of $150,000, to provide engineering planning consulting services for the De La Cruz Junction Substation Project.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Director of Planning and Inspection’s memo (05/24/11), the Council approve, and authorize the City Manager to execute, an Historic Property Preservation Agreement (Mills Act Contract) with Hai and Stephanie Tran for the property located at 1455 Jefferson Street (PLN2011-08571).

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Fire Chief’s memo (06/06/11), the Council approve, and authorize the City Manager to execute, a 911 Emergency Medical Services Provider Agreement with the County of Santa Clara for the delivery of Advanced Life Support (ALS), Basic Life Support (BLS), Fire Department ambulance use and emergency medical dispatch services for Fiscal Years 2011-16.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (06/08/11), the Council approve, and authorize the City Manager to execute, a Fiber Lease Agreement with XO Communications Services, Inc. for long term dark fiber optics.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that the Council note and file the Informational Memo entitled, “Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) Grants for Fiscal Year 2011-12” (Housing and Community Services Division Manager – 05/31/11).

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that the Council note and file the Minutes of the Cultural Advisory Commission for the meeting of March 7, 2011.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that the Council note and file the Minutes of the Cultural Advisory Commission for the meeting of April 4, 2011.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that the Council note and file the Minutes of the Board of Library Trustees for the meeting of May 2, 2011.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that the Council note and file the Minutes of the Parks and Recreation Commission for the meeting of April 19, 2011.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that the Council note and file the Minutes of the Planning Commission for the meeting of April 6, 2011 (Director of Planning and Inspection – 06/07/11).

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that the Council note and file the Minutes of the Historical and Landmarks Commission for the meeting of April 7, 2011 (Director of Planning and Inspection – 06/07/11)

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that the Council note and file the Minutes of the Historical and Landmarks Commission for the meeting of May 5, 2011 (Director of Planning and Inspection – 06/07/11)

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Director of Planning and Inspection’s memo (06/07/11), the Council approve the Special Permit request submitted by Bonasera Auto Sales - 160 Saratoga Avenue, Suite 280, to conduct Department of Motor Vehicles (DMV) retail sales from June 15, 2011 - June 14, 2013, subject to conditions (PLN2011-08703).

 

 


 

 

     PUBLIC HEARING: The Mayor declared the hearing open for consideration of the adoption of a Resolution overruling protests and ordering that the alternative method for the levy of benefit assessment be made applicable to the City of Santa Clara Parking Maintenance District No. 122 (Franklin Square) and approving, confirming and adopting the Director's Report for Fiscal Year 2011-12. Council Member Gillmor stated that she would be abstaining on the item (owns property within Franklin Square) and stepped off the dais. The City Manager reviewed the Director of Streets and Automotive Services’ memo (05/26/11) and then answered Council questions. With no public input, MOTION was made by Kolstad, seconded and unanimously carried with Gillmor abstaining (owns property within Franklin Square), that the Council close the public hearing. MOTION was then made by Mahan, seconded and carried with McLeod dissenting and Gillmor abstaining (owns property within Franklin Square), that the Council adopt Resolution No. 11-7860 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, OVERRULING PROTESTS AND ORDERING THAT ALTERNATIVE METHOD FOR THE LEVY OF BENEFIT ASSESSMENT BE MADE APPLICABLE TO CITY OF SANTA CLARA PARKING MAINTENANCE DISTRICT NO. 122 AND APPROVING, CONFIRMING AND ADOPTING DIRECTOR'S REPORT FOR FISCAL YEAR 2011-12” which overrules protests and orders that the alternative method for the levy of benefit assessment be made applicable to the City of Santa Clara Parking Maintenance District No. 122 (Franklin Square) and approves, confirms and adopts the Director's Report for Fiscal Year 2011-12.

 

Council Member Gillmor returned to the dais.

 

 

 

     PUBLIC HEARING: The Mayor declared the hearing open for consideration of the adoption of a Resolution overruling protests and ordering that the alternative method for the levy of benefit assessment be made applicable to the Santa Clara Convention Center Complex Maintenance District No. 183 and approving, confirming and adopting the Director's Report for Fiscal Year 2011-12. The City Manager reviewed the Director of Streets and Automotive Services’ memo (05/24/11) and stated that a letter had been received by Miles H. Imwalle of Morrison Foerster, representing Equity Office Techmart LLC (Techmart) dated June 10, 2011, which opposed the proposed budget and a subsequent letter dated June 14, 2011, which requested a continuance of this evening’s actions. A Council discussion followed and the City Manager answered Council questions. Mr. Imwalle, representing Techmart, addressed the Council with comments of concern. Council Member Moore stated that he would be abstaining on further discussion of this item and stepped off the dais (potential conflict of interest due to ownership of stock for a company within the Techmart building). Further Council comments were made and the City Manager and Assistant City Attorney answered further Council questions. MOTION was made by Kolstad, seconded and unanimously carried with Moore abstaining (potential conflict of interest due to ownership of stock for a company within the Techmart building), that the Council close the public hearing. MOTION was then made by Kolstad, seconded and unanimously carried with Moore abstaining (potential conflict of interest due to ownership of stock for a company within the Techmart building), that the Council adopt Resolution No. 11-7861 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, OVERRULING ANY OTHER PROTESTS AND ORDERING THAT ALTERNATIVE METHOD FOR THE LEVY OF BENEFIT ASSESSMENT BE MADE APPLICABLE TO THE SANTA CLARA CONVENTION CENTER COMPLEX MAINTENANCE DISTRICT NO. 183, AND APPROVING, CONFIRMING AND ADOPTING DIRECTOR'S REPORT FOR FISCAL YEAR 2011-12” which overrules protests and orders that the alternative method for the levy of benefit assessment be made applicable to the Santa Clara Convention Center Complex Maintenance District No. 183 and approves, confirms and adopts the Director's Report for Fiscal Year 2011-12 and direct the City Manager to meet with the property owners to address concerns raised regarding the assessment and to report back to Council within 6 weeks.

Council Member Moore returned to the dais.

 

 

 

     Under Public Presentations, Tamon Norimoto, addressed the Council with comments regarding PG&E hydrostatic pressure tests that will be conducted within the City (provided handout). Mr. Norimoto then answered Council questions.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (06/07/11), the Council approve, and authorize the City Manager to execute, a Cost Sharing Agreement with the County of Santa Clara for the San Tomas Aquino Creek (STAC) Spur Trail along San Tomas Expressway between Cabrillo Avenue and El Camino Real; authorize the City Manager to make minor, non-substantive modifications if necessary; accept estimated grant revenue from the County Expressway Pedestrian Program Grant (account 533-4443-55580-1347-[G]CEP11), in the amount of $150,000; and approve appropriations in the STAC Spur Trail project (account 533-4443-80300-1347-[G]CEP11)  to rollover unexpended appropriations to future fiscal years.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried, that, per the Director of Finance’s memo (06/07/11), the Council approve the implementation of the five categories of fund balance as defined by Governmental Accounting Standards Board (GASB) Statement No. 54 - Fund Balance Reporting and Government Fund Type Definitions; authorize the City Manager to reduce the fund balance in the following order:  Committed, Assigned and Unassigned fund balances and authorization to determine and define the amounts of fund balance that are classified as Assigned fund balance for the purpose of reporting the amounts in the Comprehensive Annual Financial Report (CAFR) and other annual audited financial statements.

 

 

 

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

 

 

 

     Council Member Kolstad congratulated Silicon Valley Power for more than doubling its solar installations in 2010 and for being ranked the top solar utility in the U.S. by the Solar Electric Power Association (SEPA).

 

     Council Member McLeod comments regarding recent trip to Yeongcheon, South Korea and presented gifts to the Mayor, on behalf of the City. By Council consensus, the Council referred potential Sister City relationship/partner programs with Yeongcheon to the City Manager for review with a report back to Council in August.

 

     Mayor Matthews commented that on June 9, 2011 he attended the Santa Clara County Cities Association board meeting where Council Member McLeod was unanimously re-appointed to the Recycling Waste Reduction Committee. On July 11, 2011 he presented a proclamation to Linda Ryan, who has been a volunteer with the West Side Little League for over 17 years, and also presented proclamations to Thomas Sores and Kevin Ttee of Troop 71 for their Eagle Scout Court of Honor.

 

 

 

     The Council proceeded to consider the Mayor’s memo (06/10/11) regarding the request to prepare a report outlining the procedure and timing to set-up a citizens group to review the City Charter provisions relating to at-large elections of City Council Members. The City Manager reviewed the memo and stated that the City recently received correspondence from the "Lawyers Committee for Civil Rights" questioning the City Charter provisions for the at-large method of selecting City Council Members (06/02/11). She also noted that an email had been received suggesting the review of making the Chief of Police be an appointed position (Clysta Seney – 06/14/11). A Council discussion followed and the City Manager answered Council questions. The following people addressed the Council in favor of the staff recommendation: Bob Owens, Teresa O’Neil and James Rowen. Keith Adams addressed the Council with general comments. Further Council comments were made. MOTION was made by Kennedy, seconded and carried with Mahan dissenting, that the Council direct the City Manager to prepare a report outlining the procedure and timing to set-up a citizens group to review the City Charter provisions relating to at-large elections of City Council Members and to report back to Council on July 12, 2011. The Council duly noted and filed an email received from Ed Maurer (06/12/11).

 

 

 

     The Assistant City Attorney reported 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 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) and for a Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 Property:  APN 104-43-030; Negotiating Party(ies):  Santa Clara Stadium Authority 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) were not held.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Interim City Attorney’s memo (06/10/11), the Council set Tuesday, July 5, 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);  Conference with Real Property Negotiator pursuant to Government Code Section 54956.8; Property APN: 104-43-030; Negotiating Party(ies): Santa Clara Stadium Authority 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 McLeod, seconded and unanimously carried, that there being no further business, the meeting was adjourned at 9:10 pm to Tuesday evening, July 5, 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