MINUTES OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA
FOR MEETING HELD ON TUESDAY EVENING, DECEMBER 7, 2010

 

 

     The City Council of the City of Santa Clara met at 6:00 pm, on the above-mentioned date, for a Closed Session in the Council Conference Room for a 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 #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 and 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.

 

 

 

     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 Dominic J. Caserta, Will Kennedy, Joe Kornder, Jamie McLeod and Kevin Moore and Mayor Patricia M. Mahan. Absent: Council Member Jamie L. Matthews (excused).

 

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

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that the Council excuse Council Member Matthews from attendance at this evening’s meeting (Executive Assistant to the Mayor and City Council – 12/07/10).

 

 

 

     MOTION was made by Kornder, seconded and unanimously carried (Matthews absent), that the Minutes for the meetings held on October 26, 2010, November 8, 2010 – Special Meeting, November 9, 2010 and November 18, 2010 – Special Meeting be adopted as written.

 

 

 

 

     As an exception to the agenda, Mayor Mahan stated that Public Presentations would be heard out of order, immediately following the Consent Calendar, per the request made by Felix Huerto, representing Unit #6 - American Federation of State, County and Municipal Employees, AFSCME Local 101.

 

 

 

 

 

     In consideration of the Consent Calendar, John Sanders addressed the Council with comments of concern regarding the timing of the Advanced Metering Infrastructure Project (Director of Electric Utility’s memo - 11/23/10 and Director of Electric Utility’s memo 11/16/10). The City Manager made comments in response to Mr. Saunder’s concerns.

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Director of Electric Utility’s memo (11/16/10), the Council adopt Resolution No. 10-7802 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, AMENDING RATE SCHEDULE NM, FOR ELECTRIC UTILITY SERVICES, WHICH PROVIDES FOR NET ENERGY METERING TO RESIDENTIAL AND COMMERCIAL CUSTOMERS” which provides for net energy metering to residential and commercial customers to provide for the purchase of energy produced by eligible customer's solar or wind power systems in excess of the customer's electric requirements.

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Director of Public Works/City Engineer’s memo (11/30/10), the Council adopt Resolution No. 10-7803 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, ESTABLISHING CERTAIN PARKING REGULATIONS ON WHITE DRIVE” which establishes a Disabled Parking zone in front of 1209 White Drive.

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Director of Public Works/City Engineer’s memo (11/30/10), the Council adopt Resolution No. 10-7804 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, REPEALING CERTAIN PARKING REGULATIONS ON CALIFORNIA STREET” which repeals Resolution No. 7441 which established a No Stopping, Standing or Parking Zone between the hours of 12:00 am to 6:00 am on the east side of California Street from a point 40 feet north of the north curb of Stanley Avenue to a point 90 feet north of the north curb of Stanley Avenue.

 

 

 

 


 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Director of Public Works/City Engineer’s memo (11/30/10), the Council accept the work performed by Tennyson Electric, Inc. on the San Tomas Aquino/Saratoga Creek Trail - Monroe Street At-Grade Crossing and authorize the recordation of the Notice of Completion with the County Recorder (CE 07-08-01).

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Housing and Community Services Division Manager’s memo (11/18/10), the Council set February 8, 2011 for a Public Hearing on the Fiscal Year 2011-12 Annual Plan for the Use of Federal Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) Federal Entitlement Funds and authorize the publication of the Notice of Public Hearing.

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Administrative Analyst to the City Manager’s memo (11/30/10), the Council approve the amendments to the Bylaws of the Cities Association of Santa Clara County.

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Director of Parks and Recreation’s memo (11/24/10), the Council accept the donation from Santa Clara Sporting Club, in the amount of $1,000, to help support the 2010 and 2011 Wade Brummal Foundation and authorize the transmittal of a letter of appreciation signed by the Mayor and City Manager.

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Director of Parks and Recreation’s memo (11/29/10), the Council accept the donation from Roselind B. Levin, in the amount of $375, to help fund 150 meals for the Thanksgiving lunch to support the Nutrition Program at the Senior Center and authorize the transmittal of a letter of appreciation signed by the Mayor and City Manager.

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Fire Chief’s memo (11/18/10), the Council adopt Resolution No. 10-7805 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, DECLARING WEEDS TO BE A PUBLIC NUISANCE AND SETTING A HEARING DATE FOR THE CITY COUNCIL TO HEAR PUBLIC INPUT REGARDING THE PROPOSED DESTRUCTION OR REMOVAL OF WEEDS” which declares weeds to be a public nuisance and sets January 25, 2011 as a Public Hearing to receive public input regarding the proposed destruction or removal of weeds and authorize the publication of the Notice of Public Hearing.

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Director of Water and Sewer Utilities’ memo (11/29/10), the Council approve the use of City Water Utility forces for the installation of water services at 3065 Bowers Avenue, 1491 Space Park Drive, 700 Central Expressway and 2972 Stender Way.

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Director of Parks and Recreation’s memo (11/12/10, as revised), the Council accept the donation from Helen Silveria, in the amount of $150, to help support the purchase of teddy bears for the December 3, 2010 Tree Lighting Ceremony at the Santa Clara Civic Center and authorize the transmittal of a letter of appreciation signed by the Mayor and City Manager.

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Director of Parks and Recreation’s memo (11/12/10, as revised), the Council accept the donation from Doris Modesitt, in the amount of $150, to help support the purchase of teddy bears for the December 3, 2010 Tree Lighting Ceremony at the Santa Clara Civic Center and authorize the transmittal of a letter of appreciation signed by the Mayor and City Manager.

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Director of Parks and Recreation’s memo (11/24/10), the Council accept the donation from the Wutzit Club Alumni Committee, in the amount of $1,222.50, to help support the Walter E. Schmidt Youth Activity Center Program and authorize the transmittal of a letter of appreciation signed by the Mayor and City Manager.

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Director of Parks and Recreation’s memo (11/24/10), the Council accept the donation from the Santa Clara Firefighters Foundation, in the amount of $1,000, to help support the 2010 and 2011 Brummal Foundation and authorize the transmittal of a letter of appreciation signed by the Mayor and City Manager.

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Director of Parks and Recreation’s memo (11/24/10), the Council accept the donation from the Santa Clara Rotary Cup, in the amount of $1,000, to help support the 2010 and 2011 Brummal Foundation and authorize the transmittal of a letter of appreciation signed by the Mayor and City Manager.

 

 

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Director of Electric Utility’s memo (11/09/10), the Council approve the use of City Electric forces for the installation of facilities at 3001 Chromite Avenue, 1888 and 1898 Fairway Glen Drive and 2337 Silveria Court.

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Interim City Attorney’s memo (12/02/10), the Council adopt Ordinance No. 1867 entitled, “AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA, AMENDING TITLE 15 CHAPTER 15.60 OF “THE CODE OF THE CITY OF SANTA CLARA, CALIFORNIA” ENTITLED “THE SANTA CLARA MUNICIPAL FIRE AND ENVIRONMENTAL CODE” THIS ORDINANCE ADOPTS THE 2009 INTERNATIONAL FIRE CODE, INCLUDING THE STATE OF CALIFORNIA AMENDMENTS AND THE FULL TEXT OF CERTAIN PORTIONS OF THE CODES OF THE STATE OF CALIFORNIA RELATED TO THE SIX CERTIFIED UNIFIED PROGRAM AGENCY (“CUPA”) PROGRAMS, WHICH ADOPTS THE 2010 SANTA CLARA MUNICIPAL FIRE AND ENVIRONMENTAL CODE” which amends Title 15 (Buildings and Construction) of Chapter 15.60 (Santa Clara Municipal Fire and Environmental Code) of the City Code, which adopts the 2009 International Fire Code as amended and the 2010 Santa Clara Municipal Fire and Environmental Code.

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Director of Electric Utility’s memo (11/29/10), the Council adopt Resolution No. 10-7806 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA AUTHORIZING THE TRANSFER OF THE COST REDUCTION FUND BALANCE TO THE RATE STABILIZATION FUND AND INITIALLY MAINTAINING THE COST REDUCTION FUND AS A SUBACCOUNT OF THE RATE STABILIZATION FUND” which authorizes the transfer of the Cost Reduction Fund to the Rate Stabilization Fund and initially maintaining the Cost Reduction Fund as a subaccount of the Rate Stabilization Fund and authorize the City Manager to implement the terms of the Resolution.

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Director of Electric Utility’s memo (11/22/10), the Council approve, and authorize the City Manager to execute, an Agreement for the Performance of Services with Daleo, Inc., in an amount not to exceed $150,000, to provide maintenance and repair to underground substructures.

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Assistant City Manager’s memo (11/24/10), the Council approve Amendment No. 1 to the Public Property Lease Agreement and Operating Agreement with Chai-Yoo Cafe for the operation of the Civic Center Cafeteria modifying lease rent from the cafeteria operator from $1,200 per year to $1 per year, effective January 1, 2011, with a 90-day noticing provision allowing the City Manager to reset lease rent up to $100 per month at any time in the future and setting the base term of the lease from January 1, 2011 through December 31, 2015 with an additional option term from January 1, 2016 through December 31, 2020.

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Director of Electric Utility’s memo (11/17/10), the Council approve, and authorize the City Manager to execute, Call No. 10-8 for Professional Services with MTH Engineers, Inc., in an amount not to exceed $72,527, to complete engineering, design and construction support services for the Palm Substation.

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Director of Electric Utility’s memo (11/22/10), the Council approve, and authorize the City Manager to execute, Amendment No. 1 to Call No. 10-4 for Professional Services with Paragon Partners, Ltd., in an amount of $157,705 for a total not to exceed amount of $250,000, to extend the term through June 30, 2011 for pole contact audits and pole contract compliance for the Electric Department Engineering Division.

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Director of Electric Utility’s memo (11/24/10), the Council approve, and authorize the City Manager to execute, an Agreement for Professional Services with 3Degrees Group, Inc., in an amount not to exceed $1,166,000, to continue the Santa Clara Green Power Program.

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Director of Electric Utility’s memo (11/23/10), the Council approve, and authorize the City Manager to execute, the Electric Service Agreement with Intel Corporation at a discounted rate in exchange for a long term commitment to purchase electrical energy beyond year 2010.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Director of Electric Utility’s memo (11/23/10), the Council approve, and authorize the City Manager to execute, Amendment No. 1 to the Agreement for the Performance of Services with Poco Solar Energy, Inc., in an amount not to exceed $70,000, for the installation of City owned solar heating systems on private properties.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Director of Electric Utility’s memo (11/23/10), the Council adopt Resolution No. 10-7807 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, DELEGATING AUTHORITY TO THE CITY MANAGER TO EXECUTE NATURAL GAS PURCHASE CONTRACTS AND RELATED DOCUMENTS” which delegates authority to the City Manager to execute natural gas purchase contracts and related documents.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Director of Electric Utility’s memo (11/22/10), the Council approve, and authorize the City Manager to execute, Amendment No. 1 to Call No. 10-1 for Professional Services with Telvent Miner & Miner, Inc., at no additional cost, to extend the term to December 31, 2011 for miscellaneous software and data services for the Electric Department.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Director of Planning and Inspection’s memo (11/16/10), the Council approve, and authorize the City Manager to execute, an Historic Property Preservation Agreement (Mills Act Contract) for the property at 1467 Lexington Street with Richter A. and Laura M. Rafey (PLN2010-08257).

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that the Council approve, and authorize the City Manager to execute, Call No. 10-2 for Professional Services with N. Harris Computer Corporation, in an amount not to exceed $230,000, for software development and configuration services supporting the Advanced Metering Infrastructure Project.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Director of Electric Utility’s memo (11/16/10), the Council approve, and authorize the City Manager to execute, an EnergyAxis Management System Contract with Elster Solutions, LLC, in an amount not to exceed $2,504,447.25, for the purchase and implementation of an Advanced Metering and Utility Communications Infrastructure.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that the Council note and file the Informational Memo entitled, “Arbor Day Foundation Sterling Tree City USA Award” (Acting Director of Streets and Automotive Services – 11/23/10).

 

 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried with Mahan abstaining (son is a member of the Commission) (Matthews absent), that the Council note and file the Minutes of the International Exchange Commission for the meeting held on October 5, 2010.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that the Council note and file the Minutes of the Senior Advisory Commission for the meeting held on September 27, 2010.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that the Council note and file the Minutes of the Youth Commission for the meeting held on October 12, 2010.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that the Council note and file the Minutes of the Parks and Recreation Commission for the meeting held on October 19, 2010.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent), that, per the Director of Planning and Inspection’s memo (11/29/10), the Council approve (retroactively) the request submitted by  Tom Shea, Hartman Studios, 4030 George Sellon Circle, for a Special Permit to allow a 132' x 132' temporary tent for an Oracle employee presentation on December 2, 2010, subject to conditions (PLN2010-08481).

 

 

 

     Under Public Presentations, Felix Huerta, representing Unit #6 - American Federation of State, County and Municipal Employees, AFSCME, Local 101, addressed the Council with comments (provided handout) regarding employee negotiations.

 

 

 

     PUBLIC HEARING: The Mayor declared the public hearing open for consideration of the adoption of a Resolution adopting a revised Schedule of Tariffs for the Collection and Disposal of Garbage, Refuse and Clean Green Material by Mission Trail Waste Systems, Inc. effective with the billing cycle of January 1, 2011. The City Manager reviewed the Director of Streets and Automotive Services/City Arborist’s memo (11/19/10). With no public input, MOTION was made by Caserta, seconded and unanimously carried (Matthews absent), that the Council close the public hearing. MOTION was then made by Caserta, seconded and unanimously carried (Matthews absent), that the Council adopt Resolution No. 10-7808 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, ADOPTING A REVISED SCHEDULE OF TARIFFS FOR THE COLLECTION AND DISPOSAL OF GARBAGE, CLEAN GREEN, AND REFUSE BY MISSION TRAIL WASTE SYSTEMS, INC. IN THE CITY OF SANTA CLARA” which adopts a revised Schedule of Tariffs for the Collection and Disposal of Garbage, Refuse and Clean Green Material by Mission Trail Waste Systems, Inc. effective with the billing cycle of January 1, 2011.

 

 

 

     PUBLIC HEARING: The Mayor declared the public hearing open for consideration of the adoption of a Resolution approving the Tentative Parcel Map for the 3491 Lafayette Street Project, a one lot subdivision for industrial condominium purposes, located at 3491-3495 Lafayette Street. The Director of Planning and Inspection answered Council questions. Phil Auger, representing the applicant, addressed the Council with comments in support of the project. With no further public input, MOTION was made by Caserta, seconded and unanimously carried (Matthews absent), that the Council close the public hearing. MOTION was then made by Kornder, seconded and unanimously carried (Matthews absent), that, per the Director of Planning and Inspection’s memo (12/07/10), the Council adopt Resolution No. 10-7809 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, APPROVING THE TENTATIVE PARCEL MAP, A ONE LOT SUBDIVISION FOR INDUSTRIAL CONDOMINIUM PURPOSES, LOCATED AT 3491 LAFAYETTE STREET, SANTA CLARA” which approves the Tentative Parcel Map for the 3491 Lafayette Street Project, a one lot subdivision for industrial condominium purposes, located at 3491-3495 Lafayette Street (George Marcinkowski; PLN2010-08386).

 

 

 

     PUBLIC HEARING: The Mayor declared the public hearing open for consideration of the pass to print of an Ordinance amending Title 18 (Zoning) by adding Chapter 18.88 (Landscape Permit Provisions) and repealing Article VI (Landscape Water Efficiency) of Chapter 13.15 (Water) of Title 13 (Public Services) of the City Code to provide a procedural framework for approval of water efficient landscaping projects and adoption of a Resolution setting Landscape Permit fees as a Zoning Administrator action at the rates established in the Municipal Fee Schedule. The City Manager reviewed the Director of Planning and Inspection’s memo (11/30/10) and answered Council questions. With no public input, MOTION was made by Caserta, seconded and unanimously carried (Matthews absent), that the Council close the public hearing. A Council discussion followed. MOTION was then made by Caserta, seconded and unanimously carried (Matthews absent), that the Council pass to print Ordinance No. 1871 entitled, “AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA, AMENDING TITLE 18 (ENTITLED “ZONING”) BY ADDING A NEW CHAPTER 18.88 (ENTITLED “LANDSCAPE PERMIT PROVISIONS”) AND REPEALING THE CURRENT AND ADDING A NEW ARTICLE VI (ENTITLED “LANDSCAPE WATER EFFICIENCY”) OF CHAPTER 13.15 (ENTITLED “WATER”) OF TITLE 13 (ENTITLED “PUBLIC SERVICES”) OF “THE CODE OF THE CITY OF SANTA CLARA, CALIFORNIA” REGARDING WATER” which amends Title 18 (Zoning) by adding Chapter 18.88 (Landscape Permit Provisions) and repealing Article VI (Landscape Water Efficiency) of Chapter 13.15 (Water) of Title 13 (Public Services) of the City Code to provide a procedural framework for approval of water efficient landscaping projects and adopt Resolution No. 10-7810 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, SETTING LANDSCAPE PERMIT FEES AS A ZONING ADMINISTRATOR ACTION AT THE RATES ESTABLISHED IN THE CITY’S MUNICIPAL FEE SCHEDULE” which sets the Landscape Permit fees as a Zoning Administrator action at the rates established in the Municipal Fee Schedule.

 

 

 

     PUBLIC HEARING: The Mayor declared the public hearing open for consideration of a time extension for a Special Permit to allow temporary use for up to an additional three years, to December 31, 2013, of Buck Shaw Stadium at Santa Clara University by a professional soccer team. The City Manager reviewed the Director of Planning and Inspection’s memo (11/19/10). Joe Sugg, representing Santa Clara University, addressed the Council and answered Council questions. With no further public input, MOTION was made by Kornder, seconded and unanimously carried (Matthews absent), that the Council close the public hearing. MOTION was then made by Kornder, seconded and unanimously carried (Matthews absent), that the Council approve the Special Permit to allow temporary use for up to an additional three years, to December 31, 2013, for Buck Shaw Stadium at Santa Clara University by a professional soccer team, in accordance with Santa Clara City Code Section 18.60.030 (Special Permits Required in Other Zoning Districts), subject to conditions of approval.

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried (Matthews absent), that, per the Chief of Police’s memo (11/29/10), the Council authorize the City Manager and the Chief of Police to submit an application for the Citizens Option for Public Safety (COPS) Grant for Fiscal Year 2010-11, which funds will be used to purchase equipment used in the Field Operations Division; authorize the City Manager to execute all documents related to the grant; approve proposed estimated revenue (account 177-7752-55580-COP11) and appropriations to Field Operations Division (account 177-7752-8XXXX-COP11); and set January 11, 2011 as the date of the Public Hearing to allow the public an opportunity to express views on the proposed use of the funds prior to the City accessing the funds.

 

 

 

     The Council proceeded to consider the adoption of an Emergency Ordinance adopting Model Codes, with modifications, effective January 3, 2011; pass to print an Ordinance adopting the Model Codes, with modifications, effective 30 days after final adoption; adoption of a Resolution making findings and justification; and direct the filing of the Resolution with the California Building Standards Commission. The City Manager reviewed the Director of Planning and Inspection’s memo (11/23/10). MOTION was made by Caserta, seconded and unanimously carried (Matthews absent), that the Council  adopt Emergency Ordinance No. 1872 entitled, “AN EMERGENCY ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA, AMENDING CHAPTER 15.15 (ENTITLED "BUILDING CODE"), CHAPTER 15.20 (ENTITLED "ELECTRIC CODE"), CHAPTER 15.30 (ENTITLED "MECHANICAL CODE"), CHAPTER 15.35(ENTITLED "PLUMBING CODE"), AND CHAPTER 15.75(ENTITLED "INTERNATIONAL EXISTING BUILDING CODE") AND ADDING CHAPTER 15.17 (ENTITLED "RESIDENTIAL CODE") OF TITLE 15 (ENTITLED "BUILDINGS AND CONSTRUCTION") OF "THE CODE OF THE CITY OF SANTA CLARA, CALIFORNIA," BY ADOPTING THE FOLLOWING MODEL CODES AS AMENDED BY THE STATE OF CALIFORNIA, AND WITH LOCAL AMENDMENTS: 1. INTERNATIONAL BUILDING CODE (2009 EDITION) 2. INTERNATIONAL RESIDENTIAL CODE (2009 EDITION) 3. NATIONAL ELECTRICAL CODE (2008 EDITION) 4. UNIFORM MECHANICAL CODE (2009 EDITION) 5. UNIFORM PLUMBING CODE (2009 EDITION) 6. INTERNATIONAL EXISTING BUILDING CODE (2009 EDITION)” which adopts the Model Codes with modifications to be effective January 3, 2011; pass to print Ordinance No. 1873 entitled, “AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA, AMENDING CHAPTER 15.15 (ENTITLED "BUILDING CODE"), CHAPTER 15.20 (ENTITLED "ELECTRIC CODE"), CHAPTER 15.30 (ENTITLED "MECHANICAL CODE"), CHAPTER 15.35(ENTITLED "PLUMBING CODE"), AND CHAPTER 15.75(ENTITLED "INTERNATIONAL EXISTING BUILDING CODE") AND ADDING CHAPTER 15.17 (ENTITLED "RESIDENTIAL CODE") OF TITLE 15 (ENTITLED "BUILDINGS AND CONSTRUCTION") OF "THE CODE OF THE CITY OF SANTA CLARA, CALIFORNIA," BY ADOPTING THE FOLLOWING MODEL CODES AS AMENDED BY THE STATE OF CALIFORNIA, AND WITH LOCAL AMENDMENTS: 1. INTERNATIONAL BUILDING CODE (2009 EDITION) 2. INTERNATIONAL RESIDENTIAL CODE (2009 EDITION) 3. NATIONAL ELECTRICAL CODE (2008 EDITION) 4. UNIFORM MECHANICAL CODE (2009 EDITION) 5. UNIFORM PLUMBING CODE (2009 EDITION) 6. INTERNATIONAL EXISTING BUILDING CODE (2009 EDITION)” which adopts the Model Codes with modifications to be effective 30 days after final adoption of the Ordinance; adopt Resolution No. 10-7811 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, MAKING EXPRESS FINDINGS REQUIRED BY SECTION 17958.7 OF THE CALIFORNIA HEALTH AND SAFETY CODE THAT CERTAIN LOCAL MODIFICATIONS AND AMENDMENTS TO THE FOLLOWING MODEL CODES, AS AMENDED BY THE STATE OF CALIFORNIA, ARE NEEDED FOR THE CITY OF SANTA CLARA AND SETTING FORTH THE JUSTIFICATION FOR THE CHANGES: 1)INTERNATIONAL BUILDING CODE (2009 EDITION) 2)INTERNATIONAL RESIDENTIAL CODE (2009 EDITION) 3)NATIONAL ELECTRICAL CODE (2008 EDITION) 4)UNIFORM MECHANICAL CODE (2009 EDITION) 5)UNIFORM PLUMBING CODE (2009 EDITION) 6)INTERNATIONAL EXISTING BUILDING CODE (2009 EDITION)” which makes express findings and justifications related to the Model Codes; and direct the City Manager to file a copy of the Resolution of Express Findings and Justification with the California Building Standards Commission.

 

 

 

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

 

 

 

     Council Member McLeod made comments regarding recent attendance at the Water Energy Smart Technology (WEST) Summit 2010 conference at Stanford University.

 

 

 

     Mayor Mahan made comments regarding the Arbor Day Foundation Sterling Tree USA Award.

 


 

     The Mayor reported that the Council held earlier in the evening at 6:00 pm, on the above-mentioned date, a Closed Session in the Council Conference Room for a 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 #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 and 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 that the Council would reconvene the Closed Session immediately following this evening’s regular meeting. The Interim City Attorney noted that prior to the adjournment of the regular meeting, the Council would meet to indicate if there was any reportable action. 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Matthews absent and Moore absent – temporarily stepped off the dais), that, per the Interim City Attorney’s memo (12/02/10), the Council set Tuesday, December 14, 2010 at 6:00 pm for a Closed Session in the Council Conference Room for a 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 #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 and 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.

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried (Matthews absent and Moore absent – temporarily stepped off the dais), that there being no further business, the meeting was adjourned at 7:30 pm In Memory of Thomas Cramer (husband to Marci Cremer, Office Specialist II - Police Department) to reconvene a Closed Session in the Council Conference Room and to Tuesday evening, December 14, 2010 at 6:00 pm for a Closed Session in the Council Conference Room and 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.

 

 

 

     The Council then met in Closed Session in the Council Conference Room for a 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 #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 and 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.

 

     The Council reconvened the regular meeting following the Closed Session and the Interim City Attorney reported that there was no reportable action. The meeting stood adjourned.

 

 

 

 ATTEST:  ________________________

                     City Clerk

 

APPROVE: ________________________

                     Mayor