MINUTES OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA
FOR REGULAR MEETING HELD ON TUESDAY EVENING, AUGUST 25, 2015

 

 

 

 

     The City Council of the City of Santa Clara, with a quorum present, met at 5:00 pm, on the above-mentioned date, in the City Hall Council Chambers for a Study Session regarding the Greystar Mixed Use Conceptual Proposal for the property located at 3925 Freedom Circle adjacent to the San Tomas Aquino Creek trail for construction of 305,000 square feet of office, approximately 950 high density housing units in three 5-story podium structures and approximately 10,000 square feet of supportive retail space (APN 104-40-036 and 104-40-021).  The City Manager introduced the item and the Director of Planning and Inspection reviewed his report and answered Council questions.  Applicant Daniel Deibel, Greystar Real Estate Partners, and Architect Chek Tang, Studio T Square Architects, made an electronic presentation.  A Council discussion followed and Mr. Deibel answered Council questions.  Robert Fitch addressed the Council in support of the conceptual proposal.  The Council adjourned the Study Session at 5:45 pm.

 

     With no public comment, the Council, with a quorum present, met 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); Conference with Real Property Negotiators pursuant to Government Code Section 54956.8, Property:  APN 097-01-039; 104-01-102; and 104-03-036, City/Authority Negotiator:  Julio J. Fuentes, City Manager, Negotiating Parties:  Keith Bruce, San Francisco Bay Area Super Bowl 50 Host Committee, Under Negotiation: Purchase/Sale/ Exchange/License/Lease of Real Property (provisions, price and terms of payment); 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 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 (City Attorney - 08/21/15).

 

     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.

 

 

     The Mayor referred to correspondence received, (Arcadia Graphix, ActionCOACH of Santa Clara, S&S Gifts, Better Homes & Gardens Real Estate, Edward Jones Investments, The UPS Store, Mariani Inn & Restaurant, Peterson’s Insurance Agency, Off the Wall Soccer, Value Business Products, Graphic Packaging, Lima Family Santa Clara Mortuary, Peace-It-Together, Wheels and Deals of Silicon Valley, Inc., and Wheels and Deals), requesting continuance of the Director of Planning and Inspection and Director of Public Works/City Engineer’s report recommending selection of the Long Dedicated Lane (Alt. 4C) as the most effective Locally Preferred Alternative among those presented by the Valley Transportation Authority (VTA) for the El Camino Real Bus Rapid Transit (BRT) Project.  Gary Wesley addressed the Council in support of the continuance.  Roy Truitt, Santa Clara Chamber of Commerce & Convention – Visitors Bureau, addressed the Council in support of the continuance.  Howard Myers addressed the Council in opposition to the continuance.  The Council noted correspondence received regarding the item (Executive Assistant to Mayor and City Council).  MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that the Council continue the item until the Valley Transportation Authority (VTA) can complete and present its third party independent study.

 

     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: City Manager, City Attorney and City Clerk/Auditor.

 

     MOTION was made by Davis, seconded and unanimously carried (Marsalli absent), that the Council excuse Council Member Marsalli from attendance at this evening’s meeting.

 

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Electric Utility’s report, the Council approve the Project Manual for Construction of the El Camino Real Street Lighting Improvements Project (Public Works Contract 2873) and direct the City Manager to solicit bids for the Project according to the standard procedure. 

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Finance/Assistant City Manager’s report, the Council accept the Monthly Financial Status Reports for June 2015, as presented.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Water and Sewer Utilities’ report, the Council approve the use of City Water Utility forces to install public water improvements at 239 Monroe Street.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Electric Utility’s report, the Council approve the use of City Electric forces for the installation of facilities at 2900 Hearth Place.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Finance/Assistant City Manager’s report, the Council accept the Santa Clara Convention Center and Convention-Visitor’s Bureau Activity Report for Fiscal Year 2014-15 Fourth Quarter, Year-to-Date, and End of Fiscal Year 2014-15 as submitted by the Santa Clara Chamber of Commerce and Convention-Visitor’s Bureau.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Human Resources’ report, the Council approve the request for an extension of Leave of Absence for Eddie Estavillo, Firefighter II through September 1, 2016.  

 

     After the City Manager stated that he would not participate in the following item due to the installation of a curb ramp near his home, MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Public Works/City Engineer’s report, the Council accept the work performed by Golden Bay Construction, Inc. on Removal of Barriers to the Physically Challenged FY 2014-15 and authorize the recordation of a Notice of Completion with the County Recorder (CE 14-15-01). 

 

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Water and Sewer Utilities’ report, the Council adopt Resolution No. 15-8258 entitled “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA APPROVING A WATER SUPPLY ASSESSMENT FOR A PROPOSED MIXED USED DEVELOPMENT AT 3230-3283 SCOTT BOULEVARD, 2500-2620 AUGUSTINE DRIVE, 3300-3380 MONTGOMERY DRIVE, 3303-3309 OCTAVIUS DRIVE, AND 3100-3200 CORONADO DRIVE” approving the Water Supply Assessment for the proposed Santa Clara Square Apartments development located at 3230-3283 Scott Boulevard, 2500-2620 Augustine Drive, 3300-3380 Montgomery Drive, 3303-3309 Octavius Drive and 3100-3200 Coronado Drive.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Electric Utility’s report, the Council approve setting the salary for the Engineering Aide – Electric position candidate Cody Johnston at Step 2 of the salary range for A-21.  

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the City Manager’s report, the Council note and file the Departmental Activity Report for the month of May 2015.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the City Manager’s report, the Council note and file the Departmental Activity Report for the month of June 2015.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Electric Utility’s report, the Council approve and authorize the City Manager to execute Amendment No. 3 to the Steam Sales Agreement with The Newark Group, Inc. dba Santa Clara Paperboard, to extend the current Agreement by two months to October 31, 2015. 

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Public Works/City Engineer’s report, the Council approve and authorize the City Manager to execute the Agreement for the Performance of Services with Xylem Water Solutions USA, Inc. in an amount not to exceed $402,000 over the three-year term for preventative maintenance and non-routine repairs of Fylgt storm pumps. 

 

 

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Electric Utility’s report, the Council approve and authorize the City Manager to execute Amendment No. 1 to the Electric Service Agreement with Microsoft Corporation, in substantially the form presented, subject to final review and approval by the City Attorney’s Office, to extend the current Agreement by three months to November 30, 2015.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Human Resources’ report, the Council approve the Memorandum of Understanding between the City of Santa Clara and the Public Safety Non-Sworn Employees’ Association (PSNSEA Unit #10), for the term of December 21, 2014 through December 17, 2016.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the City Attorney’s report, the Council approve and authorize the City Manager to execute Amendment No. 1 to the Legal Services Agreement with Liebert Cassidy Whitmore which increases the not-to-exceed amount by $100,000.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Parks & Recreation’s report, the Council approve Amendment No. 1 to the Agreement for Design Professional Services with ELS Architecture and Urban Design for additional Schematic Design Services including architecture, civil and aquatic, structural, mechanical, electrical and landscape architecture on the International Swim Center Project at Central Park in the amount of $79,000 and authorize the City Manager to execute all necessary documents and to make minor, non-substantive modifications, as necessary.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Information Technology/CIO’s report, the Council approve and authorize the City Manager to execute Amendment No. 1 to Call No. 15-1 with Lightwerks Communication Systems, Inc. dba CCS Presentation Systems, Inc. for professional services, for an additional amount of $30,000 which increases the total not-to-exceed amount to $141,960, for an upgrade of the audio-visual system in the City Hall Council Chambers.

 

 

 

 

 

     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 Report entitled El Camino Real Crosswalks Improvements Project (CE 15-16-05)”.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that the Council note and file the Public Communications Manager/Director of Information Technology’s Informational Report entitled Launch of New City Websites”.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that the Council note and file the Minutes of the Historical and Landmarks Commission for the meeting of July 9, 2015 and Planning Commission for the meetings of June 10, 2015 and July 8, 2015.

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Planning and Inspection’s report, the Council approve, subject to conditions, the Special Permit request submitted by Holly Prinz, ABC Tree Farms, LLC to allow seasonal pumpkin patch (September 10, 2015 – November 5, 2015) and Christmas tree (November 6, 2015 – December 31, 2015) sales event at 2380 Monroe Street (PLN2015-11281).

 

     MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that, per the Director of Planning and Inspection’s report, the Council approve, subject to conditions, the Special Permit request submitted by Holly Prinz, ABC Tree Farms, LLC to allow seasonal pumpkin patch (September 10, 2015 – November 5, 2015) and Christmas tree (November 6, 2015 – December 31, 2015) sales event at 3590 Benton Street (PLN2015-11282).

 

     PUBLIC HEARING:  The Mayor declared the hearing open for consideration of the Director of Planning and Inspection’s report recommending adoption of a Resolution approving a Vesting Tentative Map for the Westfield Valley Fair Mall located at 2855 Stevens Creek Boulevard (PLN2015-10898). The Director reviewed his report and gave an electronic presentation.  Applicant Scot Vallee addressed the Council regarding the project and answered Council questions.  With no public input, MOTION was made by O’Neill, seconded and unanimously carried (Marsalli absent), that the Council close the public hearing.  MOTION was then made by O’Neill, seconded and unanimously carried (Marsalli absent), that the Council adopt Resolution No. 15-8259 entitled “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA APPROVING THE VESTING TENTATIVE MAP FOR THE WESTFIELD VALLEY FAIR MALL LOCATED AT 2855 STEVENS CREEK BOULEVARD, SANTA CLARA” which approves the Vesting Tentative Map for 2855 Stevens Creek Boulevard.

     Under Public Presentations, Kirk Vartan addressed the Council with general comments regarding regional housing issues.  Roger Brown expressed general comments of concern regarding litter and trash around Levi’s® Stadium.  Robert Fitch expressed general comments of concern regarding the health of the Bill Wilson Memorial Tree.  Gary Wesley expressed general comments of concern regarding bus lanes on the El Camino Real and reported on the Vector Control District’s pesticide fogging.  Sudhanshu Jain expressed general comments of concern regarding the timing of public notification regarding pending Council policy issues.

 

     The Council proceeded to consider the Director of Public Works/City Engineer’s reports recommending approval of the City’s List of Projects, along with other suggested projects, for transmittal to the Valley Transportation Authority (VTA) for inclusion in the Valley Transportation Plan 2040 and Envision Silicon Valley plan.  The Director reviewed his reports with the revised City’s List of Projects attached.  A Council discussion followed and the Director answered Council questions.  The following individuals addressed the Council with comments:  Kirk Vartan, Chris Lepe, Gary Wesley and Jerry Wilburn.  MOTION was made by Caserta, seconded and unanimously carried (Marsalli absent), that the Council approve the City’s List of Projects, as amended to reflect the addition of an overcrossing connecting Valley Fair Shopping Center to the former Bay Area Research and Extension Center (BAREC) property located at 90 North Winchester Boulevard, for transmittal to the Valley Transportation Authority for inclusion in the Valley Transportation Plan 2040 and Envision Silicon Valley plan.

 

     MOTION was made by Davis, seconded and unanimously carried (Marsalli absent), that, per the Public Communications Manager’s report, the Council designate the City Manager as voting delegate and Council Member Davis as alternate for the League of California Cities 2015 Annual Conference.

 

 

     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

    

 

 

 

 

 

 

 

 

     At the request of Council Member Marsalli who was unable to attend the August 18, 2015 and tonight’s meeting, Mayor Matthews reported that Council Member Marsalli was in support of the Minimum Wage Ordinance that was approved at the August 18, 2015 Council meeting.  Mayor Matthews reported on his attendance at the following events:  the ribbon cutting for the Hearth Apartments and Click Home/Windermere Real Estate, the installation ceremony for the new Santa Clara Postmaster, Mark Cole, and the groundbreaking ceremony for the new building at Mission College.  He also reported on his role as moderator at Congressman Mike Honda’s town hall meeting regarding the drought.  He also provided a handout on his attendance at other recent community events.  Council Member Kolstad reported on his attendance at the following events:  a tour, along with Council Member O’Neill, Silicon Valley Power representatives and Dean Tibbs from Related Corporation, of Stanford’s new energy center that featured thermal energy storage technology, a class at Santa Clara University’s Markkula Center for Applied Ethics with Council Member O’Neill and Congressman Mike Honda’s town hall meeting regarding the drought.

 

     The Council proceeded to consider the City Attorney’s report responding to the Ethics Committee recommendation of August 3, 2015 related to the concept of a potential Lobbyist Ordinance and recommending that the Council direct staff to prepare an Ordinance regulating lobbying activity within the City.  The City Attorney reviewed his report and gave an electronic presentation regarding the definition of lobbyists, lobbyist regulations, penalties and enforcement and alternative approaches.  The City Clerk/Auditor provided information regarding costs and implementation of a Lobbyist Ordinance in the City.  A Council discussion followed and the City Clerk/Auditor and City Attorney answered Council questions. The following individuals addressed the Council in favor of a City Lobbyist Ordinance:  Noreen Carlson, Howard Myers, Kirk Vartan, Mark Kelsey, Kathy Watawabe, Tino Silva, Robin Burdick, Bill Kirkpatrick and Sudhanshu Jain. Robert Fitch addressed the Council with general comments.  A Council discussion followed.  MOTION was made by O’Neill, seconded and unanimously carried (Marsalli absent), that the Council refer this item to the City Manager to work with the Ethics Committee regarding a potential Ordinance regulating lobbying activity within the City, including the consideration of public disclosure of calendars of elected officials.

 

 

 

 

 

 

     The City Attorney reported that earlier in the evening, the Council met 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); Conference with Real Property Negotiators pursuant to Government Code Section 54956.8, Property:  APN 097-01-039; 104-01-102; and 104-03-036, City/Authority Negotiator:  Julio J. Fuentes, City Manager, Negotiating Parties:  Keith Bruce, San Francisco Bay Area Super Bowl 50 Host Committee, Under Negotiation: Purchase/Sale/ Exchange/License/Lease of Real Property (provisions, price and terms of payment); 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 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 Council set September 22, 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 (City Attorney - 08/21/15).

 

     MOTION was made by Davis, seconded and unanimously carried, (Marsalli absent), that, there being no further business, the Council adjourn the meeting at 8:57 pm in Memory of Officer Dave Paul (retired after 15 years of service as a Santa Clara Patrol Officer and Detective) and Tereann Senados (Santa Clara resident and teacher’s aide at Sutter Elementary School) to Tuesday evening, September 22, 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