MINUTES OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA
FOR MEETING HELD ON TUESDAY EVENING, SEPTEMBER 25, 2012

 

 

     The Council met at 5:30 pm in the City Hall Council Chambers with the following Council Members present:  Lisa M. Gillmor, Will Kennedy, Jamie McLeod and Mayor Matthews.  The Council then met for a Closed Session in the Council Conference Room for a Conference for Public Employee Appointment pursuant to Government Code Section 54957, Title:  City Manager; a Conference with Labor Negotiators pursuant to Government Code Section 54957.6; City designated representative: Ronald E. Garratt, Interim City Manager (or designee); Employee Organizations:  Unit #1 - Santa Clara Firefighters Association, IAFF, Local 1171; Unit #2 - Santa Clara Police Officer's Association; Unit #3 - International Brotherhood of Electrical Workers (IBEW) Local 1245; Unit # 4 - City of Santa Clara Professional Engineers; Unit # 6 - American Federation of State, County and Municipal Employees (AFSCME) Local 101; Unit # 9A - Unclassified Police Management Employees; Unit # 9B - Unclassified Fire Management Employees; Unit # 10 - Public Safety Non-Sworn Employees Association (PSNSEA); and for a Conference with Legal Counsel-Existing Litigation pursuant to Government Code Section 54956.9(a) (Will Kennedy noted that he would be abstaining from discussion related to this Closed Session) Name of case:  Lillie Ware v. Randstad North  America L.P.; City of Santa Clara, et. al.;  Santa Clara County Superior Court Case No. 111CV215482 (City Attorney – 09/21/12).           

 

 

 

     The Council then met at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.  The meeting was opened with the recitation of the Pledge of Allegiance and the reading of an Invocation Prayer.

 

 

 

     Present:  Council Members Lisa M. Gillmor, Will Kennedy, Patricia M. Mahan, Jamie McLeod and Kevin Moore and Mayor Jamie L. Matthews.  Absent:  Council Member Patrick Kolstad (excused).

 

     Staff present: Assistant City Manager – Alan Kurotori, Assistant City Manager – Carol McCarthy, Director of Planning and Inspection, Director of Public Works/City Engineer, City Attorney and Assistant City Clerk.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Kolstad absent), that, per the Executive Assistant to the Mayor and City Council’s memo (09/25/12), the Council excuse Council Member Kolstad from attendance at this evening’s meeting.

 

 

     MOTION was made by Kennedy, seconded and unanimously carried (Kolstad absent), that the Minutes for the meeting of       August 21, 2012 be adopted as written.   

 

 

 

     MOTION was made by Kennedy, seconded and unanimously carried (Kolstad absent), that the Minutes for the meeting of       August 28, 2012 be adopted as written.

 

 

 

     As a Special Order of Business, the Council proceeded with the Interim Liaison to the Cultural Advisory Commission’s memo (09/18/12) regarding the recognition of Sumaiya Elahi, Wilcox High School student by the Cultural Advisory Commission for the Utility Box Art Program Award themed "A Reflection of Your Community".  Fatima Fagundes, Chair of the Commission, provided details regarding the program and introduced Sumaiya Elahi.    Ms. Elahi then addressed the Council with a video presentation regarding her design on the utility box.  The Mayor on behalf of Council and Ms. Fagundes then presented Ms. Elahi with a certificate of recognition and scholarship award, in the amount of $250.  Photographs were taken.

 

 

 

     As a Special Order of Business, the Council proceeded with the City Clerk/Auditor’s memo (09/17/12) regarding the interviews and appointment of an applicant to Civil Service Commission for the full term ending June 30, 2016.  The Mayor introduced the item and noted that he has reconstituted himself for this meeting and noted that a withdrawal letter from     Ms. Barbara E. Stahl (09/17/12) had been received.  The first round of voting resulted in a tie vote (Moore, Mahan and Gillmor voted for Mario Bouza).  MOTION was made by McLeod, seconded and unanimously carried (Kolstad absent), that the Council continue the interviews and appointment of an applicant to Civil Service Commission for the full term ending June 30, 2016 to the   October 16, 2012 meeting.

 

 

    

     Also as a Special Order of Business, the Council proceeded with the presentation of a mixed use development proposal at 1313 Franklin Street, 1092 Monroe Street and 1350 Benton Street by Paul J. Nyulassie, Assoc. AIA - Silicon Valley Builders, LLC.  Vice-Mayor Gillmor noted that she owns property within 500 feet of the proposed development location and left the dais.  The Director of Planning and Inspection reviewed his memo (09/17/12) and gave an electronic presentation which gave a general overview of the proposed development.  He then introduced Mr. Nyulassie, Assoc. AIA – Silicon Valley Builders, LLC who gave an electronic presentation displaying a map of the existing site, images and a general overview of the proposed development in addition to a 3D display of the proposed site in its entirety.  The proposal consists of 24,491 square feet of retail area and 61 one, two and three bedroom residential condominiums.  Mr. Nyulassie, Sanjeev Acharya (Silicon Valley Builders, LLC) and the Director of Planning and Inspection answered Council questions.  Council comments were then made.  At the discretion of the Mayor, public testimony was permitted.  Mario Bouza addressed the Council with general comments regarding the proposed development.  Lori Garcia and name unknown addressed the Council with comments of concern regarding traffic in the area of the proposed development.  Shirley O’Dou addressed the Council with comments of concern regarding the proposed development.  Mr. Acharya briefly addressed comments made during public testimony and answered further Council questions.  Robert Farris, Community Relations representative, provided his contact information for those interested in contacting Silicon Valley Builders, LLC with any questions or comments regarding the proposed development: 408-207-6384 and email: Robert@siliconsage.com.  Lou Ferreria, name unknown and Satnam Gill, addressed the Council with comments of concern regarding the proposed development.  ArLyne Diamond addressed the Council with comments in support of the proposed project.  Barbara Morgan addressed the Council with comments of support of the proposed development, however, noted concern regarding parking in the area.  Tim Mayor addressed the Council with comments in support of the proposed development, however, noted concern about the large size.  Mr. Farris briefly provided clarifying comments regarding neighborhood outreach.

 

     Vice-Mayor Gillmor returned to the dais.

 

 

 

     The Council proceeded with the approval of a new rule for the 2013 Clean-Up Campaign, requiring that residents use a bulk bag, no larger than one cubic yard, for setting out specific types of construction and demolition debris consisting of dirt, sod, concrete, bricks, rocks, interior insulation, gypsum drywall and/or sawdust to minimize stormwater run-off pollution potential consistent with the Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit (MRP) requirements; and direct the Interim City Manager to investigate the possibility of implementing a residential on-call bulky item collection program with Mission Trail Waste Systems or Recology.  The Assistant City Manager, Alan Kurotori, introduced the item and noted that while the report outlined several different options to address the City’s need to update or modify the Clean Up Campaign set out rules in order to minimize stormwater run-off pollution potential, staff is recommending that residents use a bulk bag, no larger than one cubic yard for setting out specific types of construction and demolition debris for the 2013 Clean Up Campaign.  The recommendation regarding a residential on-call bulky item collection program with Mission Trail Waste Systems or Recology is to provide Council with future potential options.  The Assistant City Manager, Alan Kurotori and the Acting Assistant Director of Streets and Automotive Services answered Council questions.  MOTION was made by Gillmor, seconded and unanimously carried (Kolstad absent), that, per the Acting Director of Streets and Automotive Services’ memo (09/20/12), the Council approve a new rule for the 2013 Clean-Up Campaign, requiring that residents use a bulk bag, no larger than one cubic yard, for setting out specific types of construction and demolition debris consisting of dirt, sod, concrete, bricks, rocks, interior insulation, gypsum drywall and/or sawdust to minimize stormwater run-off pollution potential.

 

 

 

     The Assistant City Manager, Alan Kurotori, requested that the Council withdraw the item as it relates to the proposed San Francisco 49ers stadium regarding the approval of an Agreement with the County of Santa Clara, in an amount not to exceed $420,000 over a two year period, for the provision of building inspection staff to accommodate stadium inspection requests and other construction projects and approval of a transfer of funds, in the amount of $420,000, to the building inspection department professional services account (Director of Planning and Inspection – 09/18/12).  The Assistant City Manager, Alan Kurotori, answered Council questions. MOTION was made by Gillmor, seconded and unanimously carried (Kolstad absent), that, the Council withdraw the approval of an Agreement with the County of Santa Clara, in an amount not to exceed $420,000 over a two year period, for the provision of building inspection staff to accommodate stadium inspection requests and other construction projects and approval of a transfer of funds, in the amount of $420,000, to the building inspection department professional services account and return for Council consideration at a future meeting.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Kolstad absent), that, per the Director of Water and Sewer Utilities’ memo (09/17/12), the Council approve the use of City Water Utility forces for water service connections at The Gallery at Central Park, 900 Kiely Boulevard.

 

     MOTION was made by Gillmor, seconded and unanimously carried (Kolstad absent), that, per the Interim City Manager’s memo (09/05/12), the Council note and file the Departmental Activity Report for the month of July 2012.  

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Kolstad absent), that, per the Director of Planning and Inspection’s memo (09/04/12), the Council adopt Resolution No. 12-7968 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, APPROVING THE 2013 PLANNING COMMISSION CALENDAR OF MEETINGS” which approves the 2013 Planning Commission Calendar of meetings.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Kolstad absent), that, per the Housing and Community Services Division Manger’s memo (09/14/12), the Council approve the submission of the Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2011-12 for the Community Development Block Grant (CDBG) and Home Investment Partnerships Act Program (HOME) to the US Department of Housing and Urban Development (HUD).

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Kolstad absent), that, per the Chief of Police’s memo (09/13/12), the Council set the salary for John Terry, Police Officer at Step 2, Salary B, Grade 31.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Kolstad absent), that, per the Human Resources Division Manager’s memo (08/28/12), the Council approve the Stipulations with Request for Award, based on the recommendation of the City's Workers' Compensation legal counsel, to settle the claim for the injury Robert Watson, retired Firefighter, sustained on September 2, 2006.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Kolstad absent), that, per the Director of Human Resource’s memo (09/13/12), the Council approve the revised job description for Fleet Manager for the Street and Automotive Services Department.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Kolstad absent), that, per the Director of Public Works/City Engineer’s memo (09/18/12), the Council approve, and authorize the Interim City Manager to execute, an Agreement and Covenant Running with the Land [Deferment of Public Improvements (Public Sidewalk)] with PS Business Parks, LP, to defer the installation of City standard sidewalk along the frontage of 3501 Leonard Court and authorize the recordation of the agreement with the County Recorder (APN 104-15-124 and 125; SC 18,568).

 

 

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Kolstad absent), that, per the Director of Public Works/City Engineer’s memo (09/18/12), the Council approve, and authorize the Interim City Manager to execute, an Agreement and Covenant Running with the Land [Deferment of Public Improvements (Sidewalk and Standard Driveways)] with Santa Clara Aquamaids, to defer installation of City standard sidewalk and driveways along the frontage of 1600 Martin Avenue and authorize the recordation of the agreement with the County Recorder (APN 224-06-165; SC 18,564).

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Kolstad absent), that, per the Director of Electric Utility’s memo (09/18/12), the Council approve, and authorize the Interim City Manager to execute, Amendment No. 1 to the Agreement for Services with Siemens Industry, Incorporated, in an amount not to exceed $350,449, for Phase 3 of the Meter Data Management System Project for Consumer Data Web Portal and future amendments.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Kolstad absent), that, per the Director of Electric Utility’s memo (09/18/12), the Council approve, and authorize the Interim City Manager to execute, Call No. 12-3 for Professional Services with Electrical Consultants, Inc., in an amount not to exceed $126,000, for transmission line design services for re-conductoring the Serra to Brokaw 60kV transmission line.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Kolstad absent), that, per the Director of Electric Utility’s memo (09/18/12), the Council approve, and authorize the Interim City Manager to execute, an Agreement for Professional Services with Utility System Efficiencies, Inc., in a form substantially similar to the agreement as presented, subject to final review by the City Attorney, in an amount not to exceed $100,000, for support of Silicon Valley Power's (SVP) North American Electric Reliability Corporation (NERC) Reliability Standards Compliance Program.  

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Kolstad absent), that, per the Director of Electric Utility’s memo (09/18/12), the Council adopt Resolution No.   12-7969 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, APPROVING THE NORTHERN CALIFORNIA POWER AGENCY LEGISLATIVE AND REGULATORY AFFAIRS PROGRAM AGREEMENT” which approves and authorizes the Interim City Manager to execute the Northern California Power Agency (NCPA) Legislative and Regulatory Affairs Program Agreement and authorizes the execution of all necessary documents.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Kolstad absent), that, per the Director of Electric Utility’s memo (09/04/12), the Council approve, and authorize the Interim City Manager to execute, an Agreement for the Performance of Services with ABB Inc., in an amount not to exceed $150,000, for maintenance and support of the generation digital control system at the Donald Von Raesfeld (DVR) Power Plant.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Kolstad absent), that, per the Director of Electric Utility’s memo (09/18/12), the Council approve, and authorize the Interim City Manager to execute, Call No. 12-10 for Professional Services with Harris and Associates, in an amount not to exceed $12,640, to provide Qualified Storm Water Practitioner (QSP) service for the Mission Substation Underground Transmission Project.

 

 

    

     MOTION was made by Gillmor, seconded and unanimously carried (Kolstad absent), that, per the Director of Electric Utility’s memo (09/04/12), the Council approve, and authorize the Interim City Manager to execute, Amendment No. 1 to the Agreement for Professional Services with Nalco Company Services, in an amount not to exceed $250,000 for a total not to exceed amount of $600,000, for water treatment services at the Donald Von Raesfeld (DVR) Power Plant.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Kolstad absent), that, per the Director of Public Works/City Engineer’s memo (09/18/12), the Council approve, and authorize the Interim City Manager to execute, an Agreement and Covenant Running with the Land [Deferment of Public Improvements (Public Sidewalk)] with Balzer Family Investment, LP, to defer the installation of City standard sidewalk until July 2014 at 5452 Betsy Ross Drive and authorize the recordation of the agreement with the County Recorder (APN 104-50-001; SC 18,577).

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Kolstad absent), that, per the Director of Finance’s memo (09/11/12), the Council approve, and authorize the Interim City Manager to execute, an Agreement for the Performance of Services with Infosend, Inc., in the amount of $2,052,000 over the five year period ending June 30, 2017, for bill print and mail services.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Kolstad absent), that, per the Director of Electric Utility’s memo (09/11/12), the Council approve, and authorize the Interim City Manager to execute, Call No. 12-1 for Professional Services with Power Pros, in an amount not to exceed $706,738, for acceptance testing services for the Mission Substation Project.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Kolstad absent), that, the Council note and file the Informational Memo:  Vote Ethics Postcard Mailer for 2012 Campaign (Senior Staff Aide – 09/18/12).  

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried (Kolstad absent), that the Council note and file the Senior Advisory Commission Minutes for the meeting held      July 23, 2012.

 

 

 

     PUBLIC HEARING:  The Mayor declared the hearing open for consideration of the adoption of a Resolution certifying the Environmental Impact Report (EIR) and adopting the Mitigation Monitoring and Reporting Program (MMRP); adoption of a Resolution rezoning the property from Downtown Commercial (CD), Public (B) and Public/Historic Combining (B/HT) to Planned Development (PD), subject to conditions; and adoption of a Resolution approving the Vesting Tentative Parcel Map to combine two lots into a single parcel to allow the proposed project development for the Santa Clara University Art/Art History Building Project at 1043 Alviso Street, subject to conditions. The Director of Planning reviewed his memo (09/18/12) and gave an electronic presentation which provided an overview of the project including a California Environmental Quality Act(CEQA) Analysis – Environmental Impact Review (EIR), the existing and proposed site plans, plans for building elevations, landscaping and phasing plans.  The Director of Planning and Inspection then answered Council questions.  Joe Sugg, Assistant Vice President of University Operations at Santa Clara University, gave an electronic presentation which provided an overview of the project site, site analysis, and proposed preservation conditions – site analysis. Mr. Sugg and the Director of Planning and Inspection then answered Council questions.  Lorie Garcia addressed the Council in support of the proposed development.  With no further public input, MOTION was made by Moore, seconded and unanimously carried (Kolstad absent), that the Council close the public hearing.  Council Member Mahan disclosed that she had met with the Mr. Sugg, Robert Warren (Vice President for Administration and Finance at Santa Clara University) and Ms. Garcia.  MOTION was then made by Moore, seconded and unanimously carried (Kolstad absent), that the Council adopt Resolution No. 12-7970 entitled “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT, MAKING FINDINGS WITH RESPECT THERETO, AND ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE SANTA CLARA UNIVERSITY ART/ART HISTORY BUILDING PROJECT LOCATED AT 1043 ALVISO STREET, SANTA CLARA” which certifies the Environmental Impact Report (EIR) and adopts the Mitigation Monitoring and Reporting Program (MMRP);  MOTION was made by Moore, seconded and unanimously carried (Kolstad absent), that the Council adopt Resolution No. 12-7971 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, REZONING THE PROPERTY LOCATED AT 1043 ALVISO STREET, SANTA CLARA” which rezones the property from Downtown Commercial (CD), Public (B) and Public/Historic Combining (B/HT) to Planned Development (PD), subject to conditions and amended to require that PD4 and PD8 of the Conditions of Approval will be subject to Architectural Committee review and approval; and MOTION was made by Moore seconded and unanimously carried (Kolstad absent), that the Council adopt Resolution No. 12-7972 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, APPROVING THE VESTING TENTATIVE PARCEL MAP FOR THE PROPERTY LOCATED AT 1043 ALVISO STREET, SANTA CLARA” which approves the Vesting Tentative Parcel Map to combine two lots into a single parcel to allow the proposed project development, subject to conditions [CEQ2011-01129/SCH# 2012032045, PLN2011-08955; PLN2012-09322].

 

 

 

     The Council proceeded to consider the award of contract to Golden Bay Construction, Inc., in the amount of $1,226,070, for the San Tomas Aquino - Saratoga Creek Trail On-Street Portion Enhancements Project and approval of change orders up to 10% of the original contract price, for a total amount not to exceed $1,348,677.  The Mayor introduced the item and the Assistant City Manager, Alan Kurotori, noted that there was no impact to the general fund for this project and expressed comments of gratitude to the Department of Public Works for efforts to ensure that the funding source came from federal grant funds. MOTION was made by Moore, seconded and unanimously carried (Kolstad absent), that, per the Director of Public Works/City Engineer’s memo (09/18/12), the Council award a contract to the lowest responsive and responsible bidder, Golden Bay Construction, Inc., in the amount of $1,226,070, for the San Tomas Aquino - Saratoga Creek Trail On-Street Portion Enhancements Project and authorize the Interim City Manager to execute change orders up to 10% of the original contract price, or $122,607, for a total amount not to exceed $1,348,677 (CE 11-12-01).

 

     MOTION was made by Gillmor, seconded and unanimously carried (Kolstad absent), that the Council note and file the        Civil Service Commission Minutes for the meeting of the       September 17, 2012 and per the recommendation of the Commission,  approve the modified job specifications for the Financial Analyst and Key Customer Representative.

 

 

 

     Following clarifying comments by the Assistant City – Alan Kurotori, MOTION was made by Mahan, seconded and unanimously carried (Kolstad absent), that, per the Director of Electric Utility and Director of Finance’s memo (09/18/12), the Council adopt Resolution No. 12-7973 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF A REIMBURSEMENT AGREEMENT, A FEE LETTER AND A CUSTODIAN AGREEMENT RELATING TO THE CITY’S VARIABLE RATE DEMAND ELECTRIC REVENUE BONDS, SERIES 2008 B; AND AUTHORIZING CERTAIN OTHER ACTIONS RELATING THERETO” which approves the form and authorizes the execution of a Reimbursement Agreement, a Fee Letter and a Custodian Agreement with Bank of Tokyo - Mitsubishi UFJ, Ltd. relating to the City's Variable Rate Demand Electric Revenue Bonds, Series 2008 B; authorizes the Interim City Manager to execute all necessary documents, in a form substantially similar to the documents presented, subject to final review by the City Attorney, to complete the transaction; and authorizes the payment fees, in an amount not to exceed $160,000, related to the transaction.

 

 

 

 

     The Council proceeded to consider the Informational MemoDistribution of the 2012-13 Budget Brochure.  Council comments were made and the Assistant City Manager, Alan Kurotori, answered Council questions.  MOTION was made by Kennedy, seconded and unanimously carried (Kolstad absent), that, per the Director of Finance’s memo (09/18/12), the Council note and file the memo as amended to include the cost breakdown of pension costs.   

 

 

 

     Under Public Presentations, Ken Heiman addressed the Council with comments of concern regarding furlough closures at City library facilities.  Mayor Matthews and the Assistant City Manager, Alan Kurotori, briefly answered questions raised by Mr. Heiman.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried (Kolstad absent), that, per the Director of Electric Utility’s memo (09/18/12), the Council approve the establishment of an Electric Utility Renewable Energy Reserve account to allocate and manage excess procurement Renewable Energy Credits (REC) sales in compliance with the Renewable Portfolio Standard (RPS) Compliance Plan and authorize the transfer of funds from electric utility operating cash (account 091-12010/091-44199), in the amount of $12,925,722.99 and $1,878,450 (account 591-1321-xxxxx-2398), for a total amount of $14,804,712.99, to the Electric Utility Renewable Energy Reserve account (account 091-12057/091-44237). 

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Kolstad absent), that, per the Fire Chief’s memo (08/23/12), the Council accept the Certified Unified Program Agency (CUPA) Electronic Reporting Grant funds (account 536-7851-55580-4087-(G)CERSG), in the amount of $71,548, for implementation and administration of the state mandated electronic reporting program in the City of Santa Clara; and approve an appropriation of the funds to the Fire Department grant expenditure account (account 536-7851-80300-4087-(G)CERSG) and authorize the execution of all documents related to the grant.

 

 

 

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

 

 

 

     The City Attorney reported that earlier in the evening the Council met for a Closed Session in the Council Conference Room for a Conference for Public Employee Appointment pursuant to Government Code Section 54957, Title:  City Manager and there was no reportable action and for a Conference with Labor Negotiators pursuant to Government Code Section 54957.6; City designated representative: Ronald E. Garratt, Interim City Manager (or designee); Employee Organizations:  Unit #1 - Santa Clara Firefighters Association, IAFF, Local 1171; Unit #2 - Santa Clara Police Officer's Association; Unit #3 - International Brotherhood of Electrical Workers (IBEW) Local 1245; Unit # 4 - City of Santa Clara Professional Engineers; Unit # 6 - American Federation of State, County and Municipal Employees (AFSCME) Local 101; Unit # 9A - Unclassified Police Management Employees; Unit # 9B - Unclassified Fire Management Employees; Unit # 10 - Public Safety Non-Sworn Employees Association (PSNSEA) and there was no reportable action. 

 

     Council Member McLeod disclosed that as an employee of the Santa Clara Valley Water District (SCVWD), she is a member of AFSCME.  The City Attorney noted that Council Member McLeod does not have a conflict of interest on the Closed Session for a Conference with Labor Negotiators. 

 

     The Conference with Legal Counsel-Existing Litigation pursuant to Government Code Section 54956.9(a); Name of case:  Lillie Ware v. Randstad North America L.P.; City of Santa Clara, et. al.;  Santa Clara County Superior Court Case No. 111CV215482 would be continued at the conclusion of the regular meeting and Will Kennedy noted that he would be abstaining from discussion related to this item.

 

 

 

     MOTION was made by McLeod, seconded and unanimously carried (Kolstad absent), that, per the City Attorney’s memo (09/21/12), the Council set October 16, 2012 at 6:00 pm for a Closed Session in the Council Conference Room for Public Employee Appointment pursuant to Government Code Section 54957; Title: City Manager; and for a Conference with Labor Negotiators pursuant to Government Code Section 54957.6; City designated r epresentative: Ronald E. Garratt, Interim City Manager (or designee); Employee Organizations: Unit #1 - Santa Clara Firefighters Association, IAFF, Local 1171; Unit #2 - Santa Clara Police Officer's Association; Unit #3 - International Brotherhood of Electrical Workers (IBEW) Local 1245; Unit # 4 - City of Santa Clara Professional Engineers; Unit # 6 - American Federation of State, County and Municipal Employees (AFSCME) Local 101; 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 McLeod, seconded and unanimously carried (Kolstad absent), that there being no further business, the meeting was adjourned at 8:52 pm In Memory of George R. Souza (longtime Santa Clara resident and former City employee, retired as Park Maintenance Operations Supervisor after more than 32 years of service), Rodrigo "Roddy" Magallanes, Jr. (longtime Santa Clara resident and husband to City employee, Rowena Reyes, Office Specialist III in the Police Department) and Donna Mori Mills (sister-in-law to John Mills, Communications Operations Manager in the Police Department) to Tuesday evening, October 16, 2012 at 6:00 pm for a Closed Session in the Council Conference Room and at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.

 

 

 

 

 

ATTEST:  ________________________

                     City Clerk

 

 



 

 

APPROVE: ________________________

                     Mayor