Rounded Rectangle: Council and Authorities 
Summary of Actions

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• SUMMARY OF ACTIONS •

 

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

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

 

CITY COUNCIL

STADIUM AUTHORITY

SPORTS AND OPEN SPACE AUTHORITY

HOUSING AUTHORITY

SUCCESSOR AGENCY TO THE CITY OF SANTA CLARA

REDEVELOPMENT AGENCY

 

 

May 16, 2017

 

 

4:00 PM CLOSED SESSION

5:00 PM JOINT CITY COUNCIL/BOARD OF

LIBRARY TRUSTEES MEETING

7:00 PM REGULAR MEETING

City Hall Council Chambers

 

 

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

 

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

 

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

 

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

 

1.

4:00 PM CLOSED SESSION CALL TO ORDER:

 

A.

Confirmation of Quorum.

CC SA

 

2.

ANNOUNCEMENT OF CLOSED SESSION:

 

A.

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

CC

 

·         ACTION:

Not Considered

 

 

·         ASSIGNMENT:

City Attorney

 

 

B.

Conference with Legal Counsel-Anticipated Litigation pursuant to Government Code Section 54956.9(d)(2) - Exposure to litigation, Number of potential cases: 1 (FACTS AND CIRCUMSTANCES) City as potential defendant: Letter from SSL Law Firm LLP dated April 25, 2017 re: Lease between Morse-Fremont-08, LLC and ETA Lambda Facilities Corporation of Kappa Alpha Theta ("Tenant") for 981 Fremont Street, Santa Clara (the "Premises").

CC

 

·         ACTION:

No Reportable Action

 

 

·         ASSIGNMENT:

City Attorney

 

 

C.

Conference with Legal Counsel-Anticipated Litigation pursuant to Government Code Section  54956.9(d)(2) - Exposure to litigation, Number of cases: 1 (FACTS AND CIRCUMSTANCES) City as potential defendant: Tributary Agencies Claim of Breach of Agreement or Inequities.

CC

 

·         ACTION:

No Reportable Action

 

 

·         ASSIGNMENT:

City Attorney

 

 

D.

Conference with Legal Counsel-Existing Litigation pursuant to Government Code Section 54956.9(d)(1); City of San Jose v. City of Santa Clara, San Mateo County Superior Court Case No. 16-CIV-02303.

CC

 

·         ACTION:

No Reportable Action

 

 

·         ASSIGNMENT:

City Attorney

 

 

E.

Conference with Legal Counsel-Existing Litigation pursuant to Government Code Section 54956.9(d)(1); City of Santa Clara v. City of San Jose, San Mateo County Superior Court Case No. 17-CIV-00547.

CC

 

·         ACTION:

No Reportable Action

 

 

·         ASSIGNMENT:

City Attorney

 

 

F.

Conference with Real Property Negotiators pursuant to Government Code Section 54956.8; Property APN 230-08-078; City Negotiator Rajeev Batra, City Manager (or designee); Negotiating Parties: Robert Mendelsohn, Republic; Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment).

CC

 

·         ACTION:

Not Considered

 

 

·         ASSIGNMENT:

City Attorney

 

 

G.

Conference with Real Property Negotiators pursuant to Government Code Section 54956.8; Property APN 230-08-078; City Negotiator Rajeev Batra, City Manager (or designee); Negotiating Parties: Amy Kramer, SummerHill Apartment Communities; Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment).

CC

 

·         ACTION:

Not Considered

 

 

·         ASSIGNMENT:

City Attorney

 

 

H.

Threat to Public Services or Facilities pursuant to Government Code Section 54957(a); Consultation with: Chief of Police, Santa Clara Police Department.

CC SA

 

·         ACTION:

No Reportable Action

 

 

·         ASSIGNMENT:

City Attorney

 

 

 

Stadium Authority General Counsel

 

 

3.

PUBLIC COMMENT REGARDING CLOSED SESSION:

 

 

Deborah Bress: General comments.

 

 

4.

RECESS TO CLOSED SESSION (Council Conference Room):

 

5.

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

 

A.

Confirmation of Quorum.

CC

 

6.

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

 

A.

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

CC

 

7.

7:00 PM REGULAR MEETING CALL TO ORDER:

 

8.

PLEDGE OF ALLEGIANCE AND STATEMENT OF VALUES:

 

9.

ROLL CALL:

 

A.

Present:  Members Davis, Kolstad, Mahan, O'Neill, Watanabe and Mayor/Chairperson Gillmor.  Absent:  Member Caserta (excused).

 

 

10.

APPROVAL OF MINUTES:

 

A.

April 18, 2017.

CC SA  SOSA HA

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

 

 

Stadium Authority Secretary

 

 

 

Agency Secretary

 

 

 

Clerk

 

 

11.

CONTINUANCE/EXCEPTIONS:

 

12.

SPECIAL ORDER OF BUSINESS:

 

A.

Special Mayoral Recognition to Kimberly and Jeff Jackman for their many years of volunteer service to the Santa Clara High School Music Booster Program, Santa Clara Unified School District's music programs, Santa Clara Vanguard, and the California Color Guard Circuit.

CC

 

B.

Presentation of Youth Commission Community Service Scholarship.

CC

 

C.

Recognition of the week of May 12-19, 2017 as Affordable Housing Week and presentation of a Proclamation to SV@Home to raise awareness of affordable housing issues.

CC

 

D.

Promotion of Senior Advisory Commission "Be Strong, Live Long" Health & Wellness Fair on May 20, 2017.

CC

 

E.

Presentation by the Cultural Commission on upcoming events for May and June 2017.

CC

 

F.

Joint Study Session to review the Proposed Capital Improvement Program Budget for Fiscal Year 2017-2018.

CC SOSA HA

 

13.

CONSENT CALENDAR:

 

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

 

 

A.

Departmental Reports

 

 

1.

Approval to set the salary of Lateral Police Officer candidate Stephen Stek at Step 2, Salary Grade B-31.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Chief of Police

 

2.

Approval of the use of City Water Utility forces to abandon an existing 5/8" water service and install a new 1" water service at 2149 Benton Street.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Water and Sewer

 

3.

Approval of the use of City Electric forces for the installation of facilities at 3250 Olcott Street; 1100 Richard Avenue; and 943-976 Wren Court.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Electric

 

4.

Adoption of a Resolution ordering the vacation of the underground electric easement at 490 Lincoln Street and authorization of the recordation thereof [APN 269-46-056 (2016-17); SC 18,844].

CC

 

·         ACTION:

Adopted Resolution No. 17-8429.

 

 

·         ASSIGNMENT:

Dir. Public Works

 

5.

Note and file the Monthly Financial Status Reports for March 2017.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

6.

Approval of the Specifications for the Black Butte Re-Regulation Basin Erosion Repair Project (Public Works Contract 2416), and authorization to make minor modifications and to advertise for bids.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Electric

 

7.

Approval of an appropriation from the Special Liability Reserve to the Special Liability Fund Contract Services account in an amount of $500,000 to cover the costs of legal services.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

City Attorney

 

8.

Adoption of a Resolution repealing Resolution No. 6516 and authorizing settlement authority of the City Attorney with concurrence of the City Manager up to $50,000, City Attorney up to $25,000 and Claims Adjusters up to $5,000; adoption of a Resolution repealing Resolution No. 7074 and amending Policy and Procedure 029 - Time Limits for Speakers at Council Meetings, which defines speaker time limits for public presentations and other items on the agenda; adoption of a Resolution repealing Resolution No. 11-7849 and amending the Official Travel Policy for the Mayor and City Council Members; pass to print an Ordinance adding Section 2.35.020 (Approval of Plans, Specifications and Design) to Chapter 2.35 (Department of Public Works Administration) of Title 2 (Administration and Personnel) of the City Code; and adoption of a Resolution approving a Mayor and City Council Public Records Policy.

CC

 

·         ACTION:

Adopted Resolution No. 17-8430, Resolution No. 17-8431, Resolution No. 17-8432, passed to print Ordinance No. 1967 and Resolution No. 17-8433.

 

 

·         ASSIGNMENT:

Community Relations Manager

 

 

B.

Agreements

 

 

1.

Approval of the Agreement for the Performance of Services with Unisys Corporation for Information Technology Outsourcing Services, for a total amount not-to-exceed $36,522,000 over the initial term of the contract.

CC SA

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Information Technology

 

2.

Approval of a Call No. 17-1 for Professional Services with Schweitzer Engineering Laboratories, Inc., in an amount not-to-exceed $146,869.03 to provide general engineering services for the Electric Department substations.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Electric

 

3.

Approval of appropriations in the amount of $587,500 in the new Creek Trail Network Expansion Master Plan CIP project to be funded by $110,000 from the Master Plan for Expanding Creek Trails Project, $181,500 from Unallocated Traffic Mitigation Fees, and $296,000 from the current year Gas Tax revenue; and Agreement for Professional Services for the Creek Trail Network Expansion Master Plan with Jana Sokale Environmental Planning in the amount not-to-exceed $587,500.

CC

 

·         ACTION:

Approved and to notify the consultant to start the process by working with the Bicycle and Pedestrian Advisory Committee (BPAC) and Santa Clara Valley Transportation Authority (VTA)

 

 

·         ASSIGNMENT:

Dir. Public Works

 

4.

Approval of an Agreement for the Performance of Services with Ross McDonald Company, Inc., in an amount not to exceed $133,753.20 for the replacement of work surfaces on public tables and study carrels at the Central Park Library.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

City Librarian

 

5.

Adoption of a Resolution authorizing a government purpose transfer for the Martinson Day Care property located at 1350 Hope Street and authorizing the City Manager/Executive Director to execute a Transfer Agreement and make minor amendments to the Agreement, subject to the review of Agency General Counsel.

CC SARDA

 

·         ACTION:

Adopted Resolution No. 17-8434.

 

 

·         ASSIGNMENT:

City Manager

 

 

C.

Bills and Claims/Progress Payments

 

 

1.

Approval of Bills and Claims and Progress Payments.

CC SA SOSA HA

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Finance

 

 

D.

Reports for Information and Possible Action

 

 

E.

Minutes to Note and File

 

 

1.

Board of Library Trustees - April 3, 2017.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

2.

Senior Advisory Commission - March 27, 2017.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

3.

Ethics Committee - March 6, 2017

CC

 

·         ACTION:

Approved the recommendation to place respectful participation signage on the inside and outside of the Council Chambers and for the City Clerk to read a statement at the beginning of the Concurrent Meetings related to Behavioral Standards and noted and filed the Minutes.

 

 

·         ASSIGNMENT:

City Manager

City Clerk

 

 

F.

Routine Written Petitions for Approval

 

 

14.

PUBLIC PRESENTATIONS:

 

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

 

 

A.

Kirk Vartan:  Comments regarding community development concepts.  Deborah Bress, Hosam Haggag and Scott Lane:  General comments of concern.

 

 

15.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

16.

UNFINISHED BUSINESS:

 

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

 

 

17.

REPORTS FOR ACTION:

 

A.

Adoption of a Resolution adopting an Early Consideration Policy for General Plan Amendment applications and direction to not apply the policy to the identified pending General Plan Amendment applications (PLN2016-12318, PLN2017-12516, PLN2017-12489, and PLN2016-11684), consistent with the recommendations contained in the agenda report.

CC

 

·         ACTION:

Adopted Resolution No. 17-8435 effective from this day forward.

 

 

·         ASSIGNMENT:

Dir. Community Development

 

 

18.

STADIUM AUTHORITY ITEMS:

 

A.

Information Report: San Tomas Aquino Creek Trail Follow-Up.

SA

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

Stadium Authority Secretary

 

 

B.

Informational Report: Response to Santa Clara County Grand Jury Regarding Levi's Stadium and Measure J.

CC SA

 

·         ACTION:

Referred to the Stadium Authority Counsel to clarify response.

 

 

·         ASSIGNMENT:

Stadium Authority General Counsel

 

 

C.

U2 Concert May 17, 2017 - VTA Service Following Conclusion of Concert and Enforcement of City Noise Ordinance.

SA

 

·         ACTION:

Directed the Stadium Authority Counsel to transmit a notice of potential anticipatory breach of contract to the Forty Niners Stadium Management Company, LLC (ManCo).

 

 

·         ASSIGNMENT:

Authority General Counsel

 

 

19.

BOARD AND COMMISSIONS FOR ACTION:

 

A.

Civil Service Commission - Minutes of May 8, 2017: Request to note and file.
* Recommendation to approve the modified job specification for Crime Analyst, Firefighter I, Business Analyst and Senior Engineering Aide;  and new job specification, recruitment type and examination weighting for Deputy Fire Marshal I, Deputy Fire Marshal II, Deputy Fire Marshall III, and Assistant Electric Utility Engineer.

CC

 

·         ACTION:

Approved the recommendation and noted and filed the Minutes.

 

 

·         ASSIGNMENT:

Dir. Human Resources

 

 

·         ASSIGNMENT:

City Clerk

 

 

20.

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

 

A.

Reports regarding conference attendance, if any.

 

 

B.

Mayor Gillmor:  Reported on the dilapidated bleachers at the Police Activities League (PAL) BMX track.

 

 

21.

CITY MANAGER/EXECUTIVE DIRECTOR REPORTS:

 

A.

Reported on his recent "Meet the Manager" forum held at the Northside Branch Library.

 

 

22.

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS:

 

23.

ADJOURNMENT:

 

A.

In Memory of Kimberly Nuestro (star student-athlete at Homestead High School) and Jerry Marsalli (lifelong resident, public servant, retired Lieutenant and former Council Member). The next regular scheduled meeting is on Tuesday evening, May 23, 2017, in the City Hall Council Chambers.

CC SA SOSA HA