SUMMARY OF ACTIONS TAKEN BY

CITY OF SANTA CLARA CITY COUNCIL

THIS DOCUMENT IS PREPARED AS A SUMMARY ONLY AND IS NOT INTENDED TO BE AN OFFICIAL RECORD OF CITY COUNCIL ACTIONS. THE OFFICIAL MINUTES OF EACH MEETING ARE AVAILABLE IN THE CLERK’S OFFICE APPROXIMATELY THREE WEEKS FOLLOWING THE MEETING.

 

 

April 21, 2015

 

 

5:00 pm
Study Session
City Hall Council Chambers
Forty Niners SC Stadium Company (StadCo) proposal regarding the
potential use of the Youth Soccer Park for Stadium events
and the funding of soccer improvements
[Referred to a future Council meeting for a Study Session for further
discussion on the process to move forward and cancelled the Closed Session
conference regarding the 49ers’ proposal scheduled for this evening's meeting]

6:00 PM
Closed Session
Council Conference Room
Conference with Labor Negotiators
Pursuant to Government Code Section 54957.6
City designated representatives: Julio J. Fuentes, 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)
[NO REPORTABLE ACTION]
and
Conference with Real Property Negotiator
Pursuant to Government Code Section 54956.8
Property:  APN 104-43-056
City Negotiator: Julio J. Fuentes, City Manager (or designee)
Negotiating Party:  Al Guido, 49ers Stadium Co., LLC
Under Negotiation:  Proposed Parking Agreement
[CANCELLED]
and
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:  Pursuant to Government Code Section 54956.9(e)(2)
1.  Financial support and management of Santa Clara Convention Center
[NO REPORTABLE ACTION]
and
Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Section 54956.9(d)(1)
Vinod K. Sharma, et al. v. Successor Agency to the
Redevelopment Agency of the City of Santa Clara, et al.
Sacramento County Superior Court Case No. 34-2013-80001396
[NO REPORTABLE ACTION]
and
Governing Board of the Successor Agency to the
City of Santa Clara Redevelopment Agency
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:  Pursuant to Government Code Section 54956.9(e)(2)
1.  Financial support and management of Santa Clara Convention Center
[NO REPORTABLE ACTION]and
Governing Board of the Successor Agency to the
City of Santa Clara Redevelopment Agency
Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Section 54956.9(d)(1)
Vinod K. Sharma, et al. v. Successor Agency to the
Redevelopment Agency of the City of Santa Clara, et al.
Sacramento County Superior Court Case No. 34-2013-80001396
[NO REPORTABLE ACTION]

 

 

REGULAR MEETING

7:00 PM in the City Hall Council Chambers

 

 

APPEAL OF HEARING DECISIONS OF THE CITY COUNCIL MUST BE MADE TO THE SUPERIOR COURT WITHIN 90 CALENDAR DAYS OF FINAL ACTION. BECAUSE OF THE AGENDA PROVISION FOR RECONSIDERATION, FINAL ACTION IS DEEMED TO OCCUR AT THE END OF THE NEXT REGULAR MEETING PURSUANT TO CITY COUNCIL POLICY (P&P 042). (CODE OF CIVIL PROCEDURE SECTION 1094.6)

 

 

 

1.

PLEDGE OF ALLEGIANCE AND STATEMENT OF VALUES:

 

2.

ROLL CALL:

 

A.

Present:  Council Members Caserta, Davis, Gillmor, Kolstad, Marsalli and O'Neill and Mayor Matthews.

 

3.

APPROVAL OF MINUTES:

 

A.

March 24, 2015.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

B.

March 31, 2015 - Special Meeting.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Promotion of a vacancy on the Historical and Landmarks Commission.

 

B.

Promotion of two vacancies on the Planning Commission.

 

6.

UNFINISHED BUSINESS:

 

A.

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

 

B.

Approval of the concept of reconfiguration of roadway space on Tasman Drive and for direction to begin the design phase.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

 

C.

Deborah Bress:  General comments of concern.

 

D.

Scott Lane:  Comments of concern regarding the occasional closure of the San Tomas Aquino Creek Trail.

 

7.

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 candidates Michael Horn, James Wright and Tedros Habib to Step 2, Salary B, Grade 31.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Chief of Police

2.

Approval of the use of City Electric forces for the installation of facilities at 2901-2951 Via Roma Place and 2861-2939 Kaiser Drive.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

3.

Approval to set the salary for Service Coordinator-Inspector (Fiber) position candidates Lane Miller and John "Skip" Baydo at Step 4 of the salary range for Schedule D1-34.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

4.

Acceptance of the Monthly Financial Status Reports for February 2015.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

5.

Adoption of a Resolution declaring the temporary restriction and control of animals at the Silicon Valley Barbeque Championships on June 26 and 27, 2015 at Central Park.

 

• ACTION:

Adopted Resolution No. 15-8221

 

• ASSIGNMENT:

Dir. Parks

6.

Adoption of a Resolution declaring the temporary restriction and control of animals at the Santa Clara All-City Picnic and Fireworks Event on July 4, 2015 at Central Park.

 

• ACTION:

Adopted Resolution No. 15-8222

 

• ASSIGNMENT:

Dir. Parks

7.

Adoption of a Resolution declaring the temporary restriction and control of animals at the Santa Clara Art & Wine Festival on September 19 and 20, 2015 at Central Park.

 

• ACTION:

Adopted Resolution No. 15-8223

 

• ASSIGNMENT:

Dir. Parks

8.

Adoption of a Resolution declaring the temporary restriction and control of animals at the Tree Lighting Event on December 4, 2015 at Central Park.

 

• ACTION:

Adopted Resolution No. 15-8224

 

• ASSIGNMENT:

Dir. Parks

9.

Approval of the Project Manual for Lump Sum Bidding & Construction of the Winter 2015-16 Work for the Phase Shifting Transformer Project (Public Works Contract 2404H).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

10.

Authorization to issue payment to the Triton Museum of Art in the amount of $264 for the interest income earned from the Warburton Native American Heritage Trust Fund during the 2013-14 fiscal year.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

11.

Note and file the Departmental Activity Report for the month of February 2015.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

12.

Acceptance and approval to appropriate estimated revenue of $45,241 in grant funds from the California State Library California Library Literacy Services (CLLS) for the City's Library Adult Literacy and Families for Literacy Programs and approve unexpended appropriations to be re-appropriated each fiscal year over the life of the grant.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Librarian

13.

Acceptance and approval to appropriate estimated revenue of $6,367.77 from the Pacific Library Partnership (PLP) Allocation of California Library Services Act (CLSA) Funds 2014-15 to supplement Interlibrary Loan and Link+ Delivery Costs.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Librarian

14.

Acceptance of a donation from Santa Clara Homestead Little League in the amount of $2,707.50 for the purchase of the scoreboard installed at Homestead Little League Field located at Earl Carmichael Park and authorization to transmit a letter of appreciation.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Parks

15.

Direction to support Senate Bill (SB) 16 - Transportation Funding (Senator Jim Beall) which creates a five year temporary funding source for California's transportation system that provides funding to maintain and preserve local roadways, authorization to transmit a letter of support for SB 16 to Senator Beall, adoption of guiding principles for legislative advocacy for the City and authorization to execute letters of support or opposition to legislation that is generally consistent with the City's overall guiding principles for legislative advocacy.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

B.

Agreements

 

1.

Approval of a three year Agreement for Countywide Assembly Bill (AB) 939 Implementation Fee with the County of Santa Clara to collect and distribute the Fee of $4.10 per ton over a three-year term.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

 

2.

Approval of an Agreement for Countywide Household Hazardous Waste Collection Program with the County of Santa Clara to enable residents to participate in the Program for a three-year term and authorization to execute future amendments to adjust the annual augmentation over the baseline 4% participation level.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

3.

Approval of a Joint Exercise of Powers Agreement: Workforce Development Services for the North Valley (NOVA) Job Training Consortium, comprised of the cities of Cupertino, Los Altos, Mountain View, Palo Alto, Santa Clara, Sunnyvale and Milpitas, to include the addition of San Mateo County.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

4.

Approval of a three year Enterprise Agreement with Microsoft Licensing, GP in an amount not to exceed $812,864.17 for Microsoft Licenses over the life of the agreement.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Information Technology

5.

Approval of a Memorandum of Understanding with the Professional Engineers of the City of Santa Clara, Unit #4 for the term from December 22, 2013 through December 19, 2015.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Human Resources

6.

Approval of an Agreement for the Performance of Services with Easy Day Sports to manage a 5k/10k run event on or around January 31, 2016.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

7.

Approval of Call No. 15-1 for Professional Services with Reichman, Karten, Sword, Inc. dba RKS Research & Consulting in an amount not to exceed $36,000 for the California Municipal Utilities Association (CMUA) 2015 statewide survey of business and key account customers served by Municipal Utilities.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

8.

Approval of Amendment No. 1 to the Legal Services Agreement with Goldfarb & Lipman LLP in an amount not to exceed $100,000, for a total not to exceed amount of $150,000, to provide legal services to the City.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Attorney

 

9.

Approval of Amendment No. 1 with Sandis Civil Engineers Surveyors Planners in the amount of $30,150 to provide additional topographical, legal boundary, utility and related professional land survey services in support of the International Swim Center and Community Recreation Center Project.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Parks

10.

Approval of Amendment No. 1 to the Agreement for the Performance of Services with GFI Entertainment, LLC in an additional amount not to exceed $20,000 to provide additional sound equipment, technical production support and stage management for the July 4, 2015 All City Picnic and Fireworks event.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Parks

 

C.

Reports for Information and Possible Action

 

1.

Planning Commission Attendance at the National American Planning Association Conference in Seattle, Washington.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

2.

Launch of MySantaClara, a New Mobile App for the Public to Engage with the City.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

D.

Minutes to Note and File

 

1.

Cultural Commission - December 1, 2014.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

2.

Senior Advisory Commission - January 26, 2015.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

3.

Board of Library Trustees - February 3, 2014.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

4.

Board of Library Trustees - March 3, 2014.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

5.

Board of Library Trustees - May 5, 2014.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

6.

Historical and Landmarks Commission - March 5, 2015.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

E.

Routine Written Petitions for Approval

 

8.

ITEMS SET FOR HEARING:

 

[Planning Commission items not being appealed, or which are not related to an appeal, will be heard under BOARDS AND COMMISSIONS FOR ACTION.]  If you challenge a City Council land use decision in court, you may be limited to raising only those issues you or someone else raised at this hearing before the City Council or in written correspondence delivered to the City at, or prior to, the City Council hearing on the matter.  (California Government Code Section 65009)

 

A.

Property located at 1480 Main Street:  Adoption of a Resolution approving a Rezone from Thoroughfare Commercial (CT) to Planned Development (PD) for a mixed use development with approximately 1,000 square feet of ground floor retail/commercial space and 12 apartment units (PLN2014-10765).

 

• ACTION:

Adopted Resolution No. 15-8225 with the condition that a minimum 6-foot high masonry wall on-site along all interior property lines adjoining properties with single family homes be constructed

 

• ASSIGNMENT:

Dir. Planning

 

B.

Adoption of a Resolution adopting the "City of Santa Clara Municipal Fee Schedule 2015-16" which imposes new fees, rates and charges, amends existing fees and retains unchanged fees for various City departments, effective July 1, 2015.

 

• ACTION:

Adopted Resolution No. 15-8226 and return to Council to discuss a possible cost recovery exception for non-profit group use of meeting rooms

 

• ASSIGNMENT:

Dir. Finance

 

9.

BOARDS AND COMMISSIONS FOR ACTION:

 

A.

Board of Library Trustees - June 2, 2014:  Request to note and file.
*  Recommendation to accept the revision to the Policy for the Use of Library Community Rooms to include the new Northside Branch Library.

 

• ACTION:

Approved the Board's recommendation and noted and filed the Minutes

 

• ASSIGNMENT:

City Librarian

 

B.

Parks and Recreation Commission - Minutes of February 17, 2015:  Request to note and file.
*  Recommendation to establish a non-resident youth sports participation fee of $25 per non-resident participant to be assessed on all non-profit youth sports organizations that use City parks and recreation facilities for sports programs and that the fees collected be made available for consideration for disbursement according to the Wade Brummal Youth Sports Scholarship Program guidelines.

 

• ACTION:

Referred back to the Commission for further outreach to the organizations and to report back to the Council.  Noted and filed the Minutes

 

• ASSIGNMENT:

Dir. Parks

 

10.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

11.

PUBLIC PRESENTATIONS:

 

This item is reserved for persons to address the Council on any matter not on the agenda that is within the subject matter jurisdiction of the City. The law does not permit Council action on, or extended discussion of, any item not on the agenda except under special circumstances. The Council, or staff, may briefly respond to statements made or questions posed, and the Council 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 forms available by the door in the Council Chambers.

 

A.

Steve Hazel:  General comments of concern.

 

B.

Suds Jain:  Comments regarding community engagement.

 

C.

Keith Stattenfield:  Announced upcoming Santa Clara Library Foundation and Friends fundraiser "80's Prom" at the Northside Branch Library.

 

D.

Deborah Bress:  General comments of concern.

 

12.

REPORTS FOR COUNCIL ACTION:

 

A.

Adoption of a Resolution authorizing implementation of Plan 3 of the Water Utility Water Shortage Contingency Plan calling for a 30% water use reduction target and additional water use restrictions required for State Water Resources Control Board emergency conservation regulation compliance and approval of an increased appropriation of $450,000 for enhanced water conservation activities.

 

• ACTION:

Adopted Resolution No. 15-8227

 

• ASSIGNMENT:

Dir. Water

 

13.

BILLS AND CLAIMS/PROGRESS PAYMENTS:

 

A.

Approval of Bills and Claims and Progress Payments.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

 

14.

REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

 

A.

Reports regarding conference attendance, if any.

 

B.

Council Member Kolstad:  Reported on his attendance with Council Members O'Neill and Davis at a recent Santa Clara County Housing Trust meeting where Mayor Matthews was a speaker and his attendance with the City Clerk at the 125th Anniversary of the Santa Clara Masonic Lodge.

 

C.

Mayor Matthews:  Reported on the issuance of a Proclamation for National Preservation Month - May 2015 and the Historical and Landmarks Commission Historic Walking Tour on May 31, 2015.  Read a letter from PG&E regarding National Self Digging Month - April 2015 and to remember to call 811 before digging.

 

15.

CITY MANAGER REPORTS:

 

16.

CLOSED SESSION MATTERS:

 

A.

City Attorney Reports:

 

B.

Set May 5, 2015 at 6:00 pm in the Council Conference Room for a Conference with Labor Negotiators pursuant to Government Code Section 54957.6, City designated representatives: Julio J. Fuentes, 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) and a Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.9(d)(1), Vinod K. Sharma, et al. v. Successor Agency to the Redevelopment Agency of the City of Santa Clara, et al., Sacramento County Superior Court Case No. 34-2013-80001396.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Attorney

 

17.

ADJOURNMENT:

 

A.

In Memory of Anne Creighton (longtime Santa Clara resident and former Cultural Commissioner, Housing Rehabilitation Loan Committee member and Senior Advisory Commissioner) to Tuesday evening, May 5, 2015, 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.