MINUTES OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA
FOR REGULAR MEETING HELD ON TUESDAY EVENING, SEPTEMBER 22, 2015

 

 

     The City Council of the City of Santa Clara met at 4:00 pm, on the above-mentioned date, in the City Hall Council Chambers for the regular scheduled meeting.  With a quorum present and with no public comment, the Council then met in the Council Conference Room [Council Member Marsalli participated remotely from 281 Fontana Drive, Santa Clara, CA 95051] for a Closed Session for Public Employee Performance Evaluation pursuant to Government Code Section 54957, Title: City Manager; Public Employee Performance Evaluation pursuant to Government Code Section 54957, Title: City Attorney; 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); Conference with Real Property Negotiators pursuant to Government Code Section 54956.8, Property: APNs 224-48-014 and 224-48-015, City Negotiator: Julio J. Fuentes, City Manager (or designee), Negotiating Party: Prometheus Real Estate Group, Inc., Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment); Conference with Real Property Negotiators pursuant to Government Code Section 54956.8, Property: APNs 099B-6275-002-05 and 099B-6500-001, City Negotiator: Julio J. Fuentes, City Manager (or designee), Negotiating Party: Sustainable Power Group (sPower), Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment); Conference with Legal Counsel-Existing Litigation pursuant to Government Code Section 54956.9(d)(1), James et al. v. City of Santa Clara, Santa Clara County Superior Court Case No. 114CV265496 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 (City Attorney - 09/17/15).  The Council also met at 6:00 pm for a Closed Session in the Council Conference Room for the 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 (City Attorney - 09/17/15).

 

     The Council reconvened at 7:00 pm in the City Hall Council Chambers and the regular meeting was opened with the recitation of the Pledge of Allegiance and Statement of Values.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     Present: Council Members Dominic J. Caserta, Debi Davis, Lisa M. Gillmor, Patrick Kolstad, and Teresa O'Neill and Mayor Jamie J. Matthews.  Absent:  Council Member Jerry Marsalli.

 

     Staff present: Economic Development Officer/Assistant City Manager (City Manager was present later in the evening), City Attorney and City Clerk/Auditor.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that the Council excuse Council Member Marsalli from attendance at this evening’s meeting (Executive Assistant to Mayor and City Council).

 

     MOTION was made by Davis, seconded and unanimously carried (Marsalli absent), that the Minutes for the meeting of August 18, 2015 be adopted as written.

 

     MOTION was made by Davis, seconded and unanimously carried (Marsalli absent), that the Minutes for the meeting of August 25, 2015 be adopted as written.

 

     As a Special Order of Business, the Council proceeded with the recognition of the Santa Clara Westside Little League 9-10 All Stars Team for winning the 2015 Northern California State Championships.  Coach Jeremy Advincula commended the Team, parents and coaches for the Team’s accomplishment.  Each player stated their name and position on the team.  Photographs were taken with the Council.  MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that the Council approve the Team’s request for Championship Team Funding in the amount of $1,834 for reimbursement of eligible travel expenses to Exeter, California, to compete on July 24-August 1, 2015 and approve and authorize the City Manager to execute a Contribution Agreement with the League for the funding (Staff Aide II’s memos).

 

 

 

 

 

     The Council proceeded to consider the Director of Planning and Inspection’s memo regarding an update on the draft Historic Preservation Ordinance.  Council Member Caserta noted that he had a conflict of interest with the Ordinance and he stepped off the dais.  The City Attorney provided information clarifying Council Member Caserta’s financial conflict of interest due to the listing of his property on the City’s Architecturally or Historically Significant Properties inventory.  The Director of Planning and Inspection reviewed his memo and the concept draft Ordinance and stated that the Ordinance only affects homes that are listed on the City’s Architecturally or Historically Significant Properties list.  A Council discussion followed and the Director answered questions.  The Mayor read a letter (09/22/15) submitted by Lorie Garcia, Honorary City Historian/Preservation Ordinance Committee Chair, in support of the draft Ordinance.  The Council noted the Executive Assistant to Mayor and City Council’s memo regarding correspondence received concerning the draft Ordinance. Jeannie Mahan, Historic and Landmarks Commissioner and member of the Historic Preservation Ordinance Committee, addressed the Council in support of the Ordinance. The following individuals addressed the Council expressing concerns or comments: Steve Cooke, Nimit Thaker, Marge Faucher, Jeff Papp, Murali Gubbala, Sagar Reddy, Soumya (last name unknown), Nipa Kumar, Curtis Kent, Vikas Gupta, Shirdi Prem, Jessie Blount, Nirmal K. Chandrasekaran (provided handout), Ravikiran Thiaomacopi, Qian Huang, Veronika Oget, Yanping Zhao, Deborah Bress, Sameer Nene, Rick Smith (provided handout) and Rick Armstrong Shaw.  The following individuals addressed the Council in support of the Ordinance:  Patrick Waddell, Robert Fitch, Stephen Estes and Noreen Carlson.  A Council discussion followed and the Director of Planning and Inspection and the City Attorney answered Council questions.  Jeannie Mahan provided additional information.  MOTION was made by Gillmor, seconded and carried with Caserta abstaining (conflict of interest due to the listing of his property on the City’s Architecturally or Historically Significant Properties inventory) (Marsalli absent), that the Council direct the City Manager to move the process for the draft Ordinance forward with an amendment excluding tract home neighborhoods from compatibility review.

 

     Council Member Caserta returned to the Council dais.  The City Manager took his seat at the dais.

 

 

 

 

 

 

 

     The Council proceeded to consider the Deputy City Manager’s memo recommending 1) review of the Request for Proposals (RFP) evaluation results for the proposed affordable senior housing project at the former Bay Area Research and Extension Center (BAREC) site located at 90 North Winchester Boulevard; 2) acceptance of the top three proposals based on each project’s economics, ability to deliver a development under strict State deadlines and lowest risk to the City; and 3) continue the selection of a developer to the Council meeting of September 29, 2015 for further discussion and final consideration.  The City Manager introduced and gave a background of the item.  The City Manager and City Attorney answered Council questions.  The Deputy City Manager reviewed her memo and gave an electronic presentation regarding the background of the RFP process and criteria, the evaluation process, and the key financing points used for selection of the three developers.  She then reviewed the ROEM Corporation (ROEM), The Core Companies (Core) and USA Properties Fund (USA) proposals, including their economic proposals.  The City Manager provided additional information regarding the proposals.  The Council also noted correspondence received regarding the BAREC development (Executive Assistant to Mayor and City Council’s memo).  A Council discussion followed and Reed Kawahara with Keyser Marston Associates, City consultant, provided information regarding Low Income Housing Tax Credits as a means of financing senior affordable housing projects. A Council discussion followed and the City Manager and City Attorney answered Council questions.  Derek Allen, ROEM representative, addressed the Council and reviewed the ROEM proposal.  He answered Council questions.  Christopher Neale and Paul Ring, Core representatives, addressed the Council and reviewed the Core proposal.  They provided a handout regarding the proposal and answered Council questions.  Eric Morley, USA representative, reviewed the USA proposal including USA’s partnership with Charities Housing and Santa Clara Methodist Retirement Foundation and he provided a handout regarding the proposal. Kathy Robinson, Charities Housing, and Priscilla Haynes, Santa Clara Methodist Retirement Foundation, addressed the Council regarding the need for senior affordable housing. A Council discussion followed and Mr. Morley answered Council questions. The following individuals addressed the Council in support of the USA proposal:  Eileen Barnes, Hongfu Jiang, Rachel Lyons, Jan (last name unknown), Happy Cohen, Leanna Jordon on behalf of Alice Tchoukadarian, Mehriben Mammadova, Sampurnam Thyagarasan, George Cleveland, Vathanak Heang and Win Marshall.  The following individuals addressed the Council in support of the Core proposal: Kevin Moore, Janet Maleski, Karita Hummer, Michela Dell’Olio, Rosavida Cruz, Ojan Mobedshahi, Alrie Middlebrook, Steve White, Jacob Klapper, Barbara Perzigian, Jack Ellwinger, Alice Kaufman, Gabe Foo, Christopher Stanton and John Beall.  Roy Truitt, Santa Clara Chamber of Commerce, addressed the Council in support of the ROEM proposal.  The following individuals addressed the Council with general comments: Lisa Mendoza Rodriguez, Tiffany Lee, Lily Li, DongDong Dong, Amy Zuo, Robert Fitch, Cruz DeLaCruz and Deborah Bress.  A Council discussion followed.  MOTION was made by Davis, seconded and unanimously carried (Marsalli absent), that the Council accept the top three proposals (ROEM Corporation, The Core Companies and USA Properties Fund) based on each project’s economics, ability to deliver a development under strict State deadlines and the lowest risk to the City and continue the selection of a developer to the Council meeting of September 29, 2015 for further discussion and final consideration. 

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Fire Chief’s memo, the Council set October 13, 2015 for a Public Hearing for the adoption of a Resolution confirming the report on the cost of weed abatement and making assessment to pay the related costs and expenses in conjunction with the 2015 Weed Abatement Program and authorize the publication and posting of the Notice of the Public Hearing.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the City Attorney’s memo, the Council adopt Ordinance No. 1944 entitled “AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA, ADDING CHAPTER 15.90 (‘SOLAR PERMITS’) TO TITLE 15 (‘BUILDINGS AND CONSTRUCTION’) OF ‘THE CODE OF THE CITY OF SANTA CLARA, CALIFORNIA’ RELATING TO PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS” related to the permitting process for small residential rooftop solar energy systems.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Electric Utility’s memo, the Council approve the use of City Electric forces for the installation of facilities at El Camino Real at Madison Street, 2525 Tasman Drive and 2600 San Tomas Expressway.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Parks and Recreation’s memo, the Council accept a donation from the South of Forest Neighborhood Association in the amount of $727.57 for Parkway Park pathway improvements (account 532-1132-59650-3001); authorize the transmittal of a letter of appreciation to the Association; and approve an increase and appropriation of the funds in the amount of $727.57 to Miscellaneous Park Improvements (account 532-1132-80300-3001).

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Electric Utility’s memo, the Council accept the work performed by Guerra Construction Group on the Raymond Substation Storage Structure, Contract 2129B and authorize the recordation of the Notice of Completion with the County Recorder.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Public Works/City Engineer’s memo, the Council accept the work performed by Daleo, Inc. on the Lafayette Street Traffic Signal Interconnect and Coordination Project (CE 12-13-08) and authorize the recordation of a Notice of Completion with the County Recorder.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Deputy City Manager’s memo, the Council authorize the submittal of the Consolidated Annual Performance and Evaluation Report for Fiscal Year 2014-15 for the Community Development Block Grant (CDBG) and the Home Investment Partnerships Act (HOME) programs to the U.S. Department of Housing and Urban Development (HUD) by the September 30, 2015 deadline.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Parks and Recreation’s memo, the Council approve and authorize the City Manager to execute the Contribution Agreement with the Santa Clara Unified School District for an amount not to exceed $108,450 to support the Extended Day Care/Latchkey Program.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Electric Utility’s memo, the Council approve and authorize the City Manager to execute an Agreement for the Performance of Services with Electrical Distribution Design, Inc. in an amount not to exceed $78,000 for the first year ($401,885 over the five year period), for 5-year Extended Maintenance Services of the ISM/DEW Software Application and Distribution System Model.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Electric Utility’s memo, the Council approve and authorize the City Manager to execute an Agreement for the Performance of Services with Grid Subject Matter Experts LLC in an amount not to exceed $438,822 to provide consulting services for development of Silicon Valley Power’s North American Electric Reliability Corporation Critical Infrastructure Protect Version 5 compliance program for the Electric Department.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Electric Utility’s memo, the Council approve and authorize the City Manager to execute the Legal Services Agreement with the Law Offices of Susie Berlin in an amount not to exceed $500,000 to provide energy regulatory services to the Electric Department.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Electric Utility’s memo, the Council adopt Resolution No. 15-8260 entitled “RESOLUTION OF THE CITY OF SANTA CLARA AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO REIMBURSEMENT AGREEMENT AND AMENDED AND RESTATED FEE LETTER RELATING TO THE CITY’S VARIABLE RATE DEMAND ELECTRIC REVENUE BONDS, SERIES 2008 B; AND AUTHORIZING CERTAIN OTHER ACTIONS RELATING THERETO” which authorizes execution of the First Amendment to the Reimbursement Agreement and the Amended and Restated Fee Letter with The Bank of Tokyo-Mitsubishi UFJ, Ltd. which authorizes the extension of the Irrevocable Letter of Credit No. S017495 related to the City of Santa Clara Variable Rate Demand Subordinated Electric Revenue Bonds, Series 2008D and authorize the City Manager to execute all necessary documents, in substantially similar form, subject to final review and approval of the City Attorney, to complete the extension.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Electric Utility’s memo, the Council approve and authorize the City Manager to execute an Agreement for the Performance of Services with Flynn Resource Consultants Inc. in an amount not to exceed $480,000 for the first year, with a total not to exceed amount of $1,920,000 over the four year term of the Agreement for consulting services related to Transmission Analysis, California Independent System Operator, Congestion Revenue Rights Support for the Electric Resource Division.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the City Librarian’s memo, the Council approve and authorize the City Manager to execute the Agreement for the Performance of Services with Innovative Interfaces Inc. for the installation and hosting of Sierra Services at the Santa Clara City Library for a three-year contract in an amount not to exceed $175,012 and authorize the City Manager to make minor non-substantive modifications, if needed.

 

 

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Electric Utility’s memo, the Council delegate authority to the City Manager to complete negotiations and to execute an oDAS Master License Agreement with GTE Mobilnet of California Limited Partnership (DBA Verizon Wireless) subject to final review by the City Attorney and delegate authority to the City Manager to negotiate and execute any future oDAS Master License Agreements which will connect and activate by February 2016.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent) that the Council note and file the Director of Public Works/City Engineer’s informational memo regarding Council Recess: Report on Actions Taken During the Council Recess from July 15, 2015 to August 17, 2015.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that the Council note and file the Minutes of the Parks and Recreation Commission for the meetings of June 16, 2015 and July 21, 2015.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Planning and Inspection’s memo, the Council approve, subject to conditions, the request submitted by Citizens Equity First Credit Union (CEFCU) for a Special Permit to allow a shredding event at 3607 El Camino Real on September 26, 2015 from 10:00 am to 2:00 pm (PLN2015-10395).

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Planning and Inspection’s memo, the Council approve, subject to conditions, the request submitted by Verizon Wireless for a Special Permit to allow a temporary Verizon Wireless telecommunication facility, cellular on wheels (COW), located at 2800 Mission College Boulevard through March 31, 2016 (PLN2015-11283).

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Public Works/City Engineer’s memo, the Council award the public works contract for the Mission College Boulevard and Stevens Creek Boulevard Traffic Signal Interconnect and Coordination Project (CE13-14-05) to the lowest responsive and responsible bidder, Bear Electric Solutions, Inc., in the amount of $699,750; authorize the City Manager or designee to execute any and all documents associated with and necessary for the award, completion and acceptance of the Project, including change orders up to approximately 10% of the original contract price, or $69,975, for a total not to exceed amount of $769,725; and approve a transfer of $38,506.60 to the Mission College Boulevard Signal Timing and Interconnect Project (account 533-4443-80300-1366-(G)TFC14) and $23,922.80 to the Stevens Creek Boulevard Signal Timing and Interconnect Project (account 533-4443-80300-1368-(G)TFC14) from Unallocated Vehicle Registration Fees (account 533-4443-80036-1000).

 

     The Council proceeded to consider the Director of Public Works/City Engineer’s memo recommending the award of the public works contract for the El Camino Real at Alpine Avenue, Buchanan Drive, Morse Lane and Harrison Street Crosswalks Improvements Project (CE15-16-05).  Sudhanshu Jain addressed the Council with comments of concern.  A Council discussion followed and the City Manager and the Director of Public Works/City Engineer answered Council questions.  Deborah Bress addressed the Council with comments of concern.  The Council also noted correspondence (9/22/15) submitted by Paul Pedersen expressing concerns.  MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that the Council award the above-mentioned public works contract to the lowest responsible and responsive bidder, Columbia Electric, Inc., in the amount of $812,520.20; authorize the City Manager or designee to execute any and all documents associated with, and necessary for the award, completion and acceptance of the Project, including change orders up to approximately 20% of the original contract price, or $162,504.04, for a total not-to-exceed amount of $975,024.24; and approve the transfer of $577,425 from Unallocated Gas Tax (account 521-4443-80010-3400) to the El Camino Real In-Pavement Warning Lights Crosswalk Project (account 521-4443-80300-3424).

 

     The Council proceeded to consider the City Attorney’s memo recommending adoption of Ordinance No. 1943 which requires the payment of a City-wide Minimum Wage of $11.00 per hour, effective January 1, 2016 to be adjusted annually based on the increase in the cost of living, if any, based on the region’s Consumer Price Index (Urban Wage Earners and Clerical Workers, U.S. City Average for All Items).  The City Attorney reviewed the recommendation.  Roy Truitt, Interim President and Chief Executive Officer, Santa Clara Chamber of Commerce, addressed the Council and reviewed his letter (9/22/15) and letters (9/22/15) submitted by local businesses requesting that adoption of the Ordinance be postponed until a study on the impact of an increased regional minimum wage is completed.  He also provided a City of San Jose Press Release (9/3/15) announcing that local mayors supported a regional study as the first step towards potentially raising the minimum wage across Santa Clara County.  Joe Siecinski and Jessica Lynam addressed the Council in opposition to the Ordinance. Sudhanshu Jain addressed the Council in support of the Ordinance.  A Council discussion followed.  MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that the Council adopt Ordinance No. 1943 entitled “AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA, ADDING CHAPTER 3.20 (‘MINIMUM WAGE ORDINANCE’) TO TITLE 3 (‘REVENUE AND FINANCE’) OF ‘THE CODE OF THE CITY OF SANTA CLARA, CALIFORNIA’ TO REQUIRE THE PAYMENT OF A CITY-WIDE MINIMUM WAGE” which requires the payment of a City-wide Minimum Wage of $11.00 per hour, effective January 1, 2016 to be adjusted annually based on the increase in the cost of living, if any, based on the region’s Consumer Price Index (Urban Wage Earners and Clerical Workers, U.S. City Average for All Items).

 

     Under Public Presentations, Robert Fitch addressed the Council with general comments regarding the health of the redwood trees at Central Park.  Deborah Bress addressed the Council with general comments of concern.

 

     The Council proceeded to consider the City Attorney’s memo recommending that the Council pass to print an Ordinance amending “The Code of the City of Santa Clara” related to massage services and massage establishments.  The City Attorney reviewed his memo and the ordinance.  Sudhanshu Jain addressed the Council with concerns.  MOTION was made by Davis, seconded and unanimously carried (Marsalli absent), that the Council pass to print Ordinance No. 1945 entitled “AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA, AMENDING CHAPTER 5.40 (‘MASSAGE SERVICES AND MASSAGE ESTABLISHMENTS’) OF TITLE 5 (‘BUSINESS LICENSES AND REGULATIONS’) AND ADDING CHAPTER 18.104 (‘MASSAGE ESTABLISHMENTS’) TO TITLE 18 (‘ZONING’) OF ‘THE CODE OF THE CITY OF SANTA CLARA, CALIFORNIA’” which amends “The Code of the City of Santa Clara, California” related to massage services and massage establishments.

 

     The Council proceeded to consider the Director of Finance/Assistant City Manager’s memo regarding cost recovery exception for non-profit group use of meeting rooms.  The Director reviewed his memo and recommendation that the Council direct the City Manager to further educate and promote the cost recovery exception already available to non-profit groups.  Sudhanshu Jain addressed the Council with general comments.  A Council discussion followed.  MOTION was made by Davis, seconded and unanimously carried (Marsalli absent), that the Council continue the item to September 29, 2015 for further discussion.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

     Council Member Davis announced the upcoming Ethics Committee meeting on October 5, 2015 and commended the Parks and Recreation Department staff for their work at the recent Art & Wine Festival held at Central Park.

 

     Council Member Gillmor commended the City employees, including the Parks and Recreation Department staff that worked at the recent Art & Wine Festival held at Central Park.

 

     Mayor Matthews reported on his attendance at the 40th Gay Pride Parade in San Jose to represent the City and to celebrate his transgender son, Gabriel; he was a guest on three radio stations for interviews regarding housing issues; and that he attended ribbon cuttings for Mimosa Wi-Fi Company and Chimex Restaurant, spoke on the Super Bowl Committee Panel at the Association of Realtors Convention at the Santa Clara Convention Center and attended the Google event at Levi’s® Stadium.  He also provided a handout on his attendance at additional recent community events.

 

     The City Attorney reported that at the Closed Session on August 25, 2015 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), the City Council unanimously approved, with Council Member Davis recusing herself and Council Member Marsalli absent, that the City move to a Federal General Services Administration (GSA) based meal reimbursement standard and an increase of the petty cash reimbursement limit from $50 to $100 and request the City Manager to complete the meet and confer process with the Employee Bargaining Units.  He further stated that the Director of Human Resources has confirmed that this process was successful and that the GSA standard and petty cash limit will be implemented going forward.

 

 

 

     The City Attorney reported that earlier in the evening, the Council met for a Closed Session for Public Employee Performance Evaluation pursuant to Government Code Section 54957, Title: City Manager and Public Employee Performance Evaluation pursuant to Government Code Section 54957, Title: City Attorney; Conference with Real Property Negotiators pursuant to Government Code Section 54956.8, Property: APNs 224-48-014 and 224-48-015, City Negotiator: Julio J. Fuentes, City Manager (or designee), Negotiating Party: Prometheus Real Estate Group, Inc., Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment); Conference with Real Property Negotiators pursuant to Government Code Section 54956.8, Property: APNs 099B-6275-002-05 and 099B-6500-001, City Negotiator: Julio J. Fuentes, City Manager (or designee), Negotiating Party: Sustainable Power Group (sPower), Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment); Conference with Legal Counsel-Existing Litigation pursuant to Government Code Section 54956.9(d)(1), James et al. v. City of Santa Clara, Santa Clara County Superior Court Case No. 114CV265496; 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; 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 and that there was no reportable action.  The City Attorney also reported that the 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) was not held.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     MOTION was made by Davis, seconded and unanimously carried (Marsalli absent), that, per the City Attorney’s memo (09/17/15), the Council set September 29, 2015 at 6:00 pm for a Closed Session 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.

 

     MOTION was made by Davis, seconded and unanimously carried, (Marsalli absent), that, there being no further business, the Council adjourn the meeting at 11:30 pm in Memory of Tony DeRocha (retired from the Water and Sewer Department after nearly 40 years of service) to Tuesday evening, September 29, 2015 at 6:00 pm for a Closed Session in the Council Conference Room and to 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.

 

 

 ATTEST:  ________________________

                     City Clerk

 

 

 

 

APPROVE: ________________________

                     Mayor