MINUTES OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA
FOR MEETING HELD ON TUESDAY EVENING, SEPTEMBER 27, 2011

 

 

     The City Council of the City of Santa Clara met at 5:30 pm, on the above-mentioned date, 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); Conference with Agency Labor Negotiator Pursuant to Government Code Section 54957.6; City Negotiator:  Jennifer Sparacino, City Manager(or her designee); Employee Organization(s): Unit #1 - Santa Clara Firefighters Association, IAFF, Local 1171, 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 #9B - Unclassified Fire Management Employees, Unit #10 - Public Safety Non-Sworn Employees Association (PSNSEA);  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 a 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; and 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 a potential defendant: City of Santa Clara Claim File No. 09102.

 

 

 

     The Council then met at 7:02 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, Patricia M. Mahan, Jamie McLeod and Kevin Moore and Mayor Jamie L. Matthews.

 

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

 

 

 

     As a Special Order of Business, the Council proceeded with the promotion of a vacancy on the Senior Advisory Commission (Director of Parks and Recreation – 09/20/11).  Frank Kadlecek, Chair of the Commission, addressed the Council and gave an electronic presentation regarding the duties and responsibilities of the Commission.

 

 

 

     Also as a Special Order of Business, the Council proceeded with the promotion of a vacancy on the Housing Rehabilitation Loan Committee (Housing and Community Services Division Manager – 09/20/11).  Anne Kepner, Committee Member, addressed the Council and gave an electronic presentation regarding the duties and responsibilities of the Committee.

 

 

 

     Also as a Special Order of Business, the Council proceeded with the presentation from the North Valley (NOVA) Workforce Board member regarding the use of American Recovery and Reinvestment Act (ARRA) funds, which were utilized to serve individuals in Santa Clara (Acting Assistant City Manager – 08/31/11).  Steve Van Dorn, NOVA Board Member, addressed the Council regarding NOVA’s use of funds which were used to provide services to residents and employers in Santa Clara (provided handout).

 

 

 

     As an item of Unfinished Business, the Council proceeded to consider the approval of an Employment Agreement with Richard E. Nosky, which sets the salary and conditions of employment pursuant to the recommendation of the Council Officers and Elected Full-time Employees Performance/Salary Review Committee subject to standard Human Resources Department administrative procedures and approval of his appointment to the position of City Attorney, effective October 17, 2011 (Council Officers and Elected Full-Time Employees Performance/Salary Review Committee – 09/23/11).  The City Manager reviewed the report.  A Council discussion followed.  MOTION was made by Moore, seconded and carried with McLeod dissenting, that the Council approve and authorize the City Manager to execute an Employment Agreement with Richard E. Nosky, which sets the salary and conditions of employment pursuant to the recommendation of the Council Officers and Elected Full-time Employees Performance/Salary Review Committee subject to standard Human Resources Department administrative procedures and approval of his appointment to the position of City Attorney, effective October 17, 2011.

 

 

 

     As an item of Unfinished Business, the Council proceeded with an Informational Memo on the response to Equity Office Techmart LLC's (EOT) concerns regarding the Fiscal Year 2011-12 Santa Clara Convention Center Complex Maintenance District No. 183 budget (Acting Director of Streets & Automotive Services/City Arborist – 09/23/11).  Council Member Moore stated that he would be abstaining on the item (former place of employment was at the Techmart Building) and stepped off the dais.  The City Manager reviewed the memo and the status on some of the issues addressed during meetings held with Assessment District members’ or between EOT and City staff to discuss and respond to concerns from EOT.  The City Manager then answered Council questions.  Miles H. Imwalle of Morrison Foerster, representing EOT, addressed the Council with general comments in support of the meetings with City staff.  Jami Shaw, representing EOT, addressed the Council with general comments in support of the meetings with City staff.  MOTION was made by Mahan, seconded and unanimously carried with Moore abstaining (former place of employment was at the Techmart Building), that the Council note and file the Informational Memo on the response to Equity Office Techmart LLC's (EOT) concerns regarding the Fiscal Year 2011-12 Santa Clara Convention Center Complex Maintenance District No. 183 budget. Council Member Moore returned to the dais.  

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Acting Chief of Police’s memo (09/16/11), the Council accept the donation from Drug Abuse Resistance Education (DARE) America, in the amount of $1,000, as a result of Acting Chief Kyle being selected as the 2011 DARE - Drug Enforcement Administration (DEA) Law Enforcement Executive of the Year and authorize the transmittal of a letter of appreciation signed by the Mayor and City Manager.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (09/20/11) the Council pass to print Ordinance No. 1892 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 delegates certain traffic and motor vehicles regulatory functions from the City Council to the City Manager, or designee.

 

 

 

 

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (08/04/11), the Council approve and authorize the City Manager to execute, an Agreement for Services with ARB, Inc. in an amount not to exceed $100,000 for Fiscal Year 2011-12 with a total not to exceed amount of $300,000 over the term of the Agreement, to provide Department of Transportation (DOT) gas pipeline maintenance and repair tasks at the Donald Von Raesfeld (DVR) Power Plant.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Finance’s memo (09/20/11), the Council approve and authorize the City Manager to execute,
Amendment No. 1 to the Agreement for the Performance of Services with George Hills Company, Inc., in an amount of $200,000 for Fiscal Year 2011-12 with a total not to exceed amount of $400,000, for liability claims adjusting and administrative services.

 

 

 

MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (09/16/11), the Council approve and authorize the City Manager to execute,   Call No. 11-2 for Professional Services with Electrical Consultants, Inc., in an amount not to exceed $158,000, for transmission line design services for re-conductoring the Serra to Brokaw 60kV transmission line.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Acting Director of Streets & Automotive Services/City Arborist’s memo (09/07/11), the Council approve and authorize the City Manager to execute, an Agreement for the Performance of Services with Golder Associates, Inc., in an amount not to exceed $304,000 in the first year of the agreement and for a total not to exceed amount of $800,000 over the three-year term of the agreement, for operation, maintenance, monitoring and compliance services at the All Purpose Landfill.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that per the Director of Electric Utilty’s memo (09/16/11), the Council approve and authorize the City Manager to execute,    Call No. 11-16 for Professional Services with Harris and Associates, in an amount not to exceed $132,745, for onsite representative services for the Walsh/Uranium substation for the Electric Engineering Division.

 

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the Director of Planning and Inspection’s memo (09/15/11), the Council approve the Special Permit request submitted by Paul Chin, Toyota Motor Sales USA, Inc. - 1 Great America Parkway to allow an outdoor public event at the Great America overflow parking lot, "Special Ride and Drive", September 26-27, 2011, subject to conditions (PLN2011-08868).

 

 

 

     The Council proceeded to consider the Written Petition submitted by Kirk Vartan regarding the Santa Clara Gardens project at 90 N. Winchester Boulevard, former Bay Area Research Extension Center (BAREC) project site.  The City Manager reviewed the Director of Planning and Inspection’s memo (09/20/11) which gave a summary of the status of the project and answered Council questions.  Paul Vezinaw addressed the Council with concerns on the project and played a presentation from the petitioner (electronic presentation). The City Manager and Director of Public Works/City Engineer answered Council questions.  MOTION was made by Kennedy, seconded and unanimously carried, that the Council note and file the Written Petition submitted by Kirk Vartan regarding the Santa Clara Gardens project at 90 N. Winchester Boulevard, former Bay Area Research Extension Center (BAREC) project site and the Council duly noted and filed his letter (09/26/11).

 

 

 

     The Council proceeded to consider the Informational Memo entitled “Distribution of the 2011-12 Budget Brochure.  A Council discussion followed.  MOTION was made by Kennedy, seconded and unanimously carried, that, per the Director of Finance’s memo (09/20/11) the Council note and file the Informational Memo regarding the distribution of the 2011-12 Budget Brochure and refer to the City Manager the concept of adding a further breakdown of program costs, including personnel costs, to future City publications.

 

 

 

     Under Public Presentations, Oscar Bazurto, Van Langston and Kevin Park addressed the Council with comments of concern regarding The Gallery at Central Park project at 900 Kiely Boulevard, former Kaiser hospital site.  By Council consensus, the issue was referred to the City Manager.  

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that, per the revised Director of Public Works/City Engineer’s memo (09/20/11), the Council endorse a Simple Rotation     (Option 1) with the City of Santa Clara and the City of Milpitas representing the Northeast Group for the first two-year term on the Santa Clara Valley Transportation Authority (VTA) Board.

 

 

     The Council proceeded to consider the approval of Fiscal Year 2010-11 budget amendments.  The City Manager reviewed the Director of Finance’s memo (09/20/11) and answered Council questions.  MOTION was made by Gillmor, seconded and unanimously carried, that the Council approve Fiscal Year 2010-11 budget amendments as follows:  transfer of Fiscal Year 2010-11 appropriations between General Fund departments and between account categories within the General Fund; and an appropriation increase of $900,000 to cover a shortfall in salary and benefit savings that were anticipated in the 2010-11 budget (Director of Finance – 09/20/11); transfer in the Downtown Parking Maintenance District No. 122 budget, in the amount of $539, from materials, services and supplies to salaries and benefits (Director of Automotive Services – 09/19/11); transfer of $103,172 of appropriations from the water operating fund salary (account 092-14xx-870xx) to water operating fund materials, supplies and services (account 092-14xx-87xxx) (Acting Director of Water and Sewer Utilities – 09/08/11); a General Contingency Reserve Fund loan of $231,917 with $221,202 to the cemetery operating fund and $10,715 to the cemetery Capital Improvement Project (CIP) fund; transfer of $8,980 from the Miscellaneous Park Improvements Project (532-3001) to the Parkway Park Playground Renovation Project (532-3174); and additional appropriations for materials, services and supplies in the cemetery operating fund (account 093-1162-87810), in the amount of $3,253, and the Repurchase Cemetery Property Project (account 593-1162-80200-3622), in the amount of $10,715 (Director of Parks and Recreation – 09/19/11); transfer of $956,753 from the General Contingency Reserve for Working Capital (Emergency Reserve) (063-44421) and $261,427 from the proprietary and internal service funds net assets (0xx-44199) to the Workers’ Compensation Fund cash account (081-12010) to replenish the Workers’ Compensation Internal Service Fund Reserve (Director of Finance – 09/20/11); transfer of $437,082 from Project Distribution System Estimate Work (591-2006) to Project New Business Estimate Work (591-2005); and transfer of $4,317,796 from the Electric Operating (091) Fund to the Electric Capital Improvement Project (CIP) (591) Fund (Director of Electric Utility – 09/13/11); and additional appropriations of $10,148,500 ($10,040,000 in 431-3393-88510 and $108,500 in 431-3394-88530) (Director of Finance – 09/20/11).

 

 

 

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

 

 

 

 

 

     Council Member Kolstad made comments regarding recent attendance at the Northern California Power Association (NCPA) annual meeting.

 

 

 

     Vice Mayor Mahan made comments regarding October as Breast Cancer Awareness month.

 

 

 

     The Interim City Attorney reported that the Council met earlier in the evening at 5:30 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) and that there was no reportable action; 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) and that there was no reportable action; Conference with Agency Labor Negotiator Pursuant to Government Code Section 54957.6; City Negotiator:  Jennifer Sparacino, City Manager(or her designee); Employee Organization(s): Unit # 1 - Santa Clara Firefighters Association, IAFF, Local 1171, 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 # 9B - Unclassified Fire Management Employees, Unit #10 - Public Safety Non-Sworn Employees Association (PSNEA) and that there was no reportable action; 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 a 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 and that there was no reportable action; and 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 a potential defendant: City of Santa Clara Claim File No. 09102 and that there was no reportable action.

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that, per the Interim City Attorney’s memo (09/22/11), the Council set October 11, 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); and for a Conference with Legal Counsel (Anticipated Litigation) pursuant to Government Code Section 54956.9(c); City as a potential plaintiff: 1 (number of cases to be discussed.

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried, that there being no further business, the meeting was adjourned at 8:05 pm to Tuesday evening, October 11, 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