MINUTES OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA
FOR MEETING HELD ON TUESDAY EVENING, SEPTEMBER 24, 2013

 

 

     The City Council of the City of Santa Clara met at 5:00 pm, on the above-mentioned date, in the City Hall Council Chambers for the regular scheduled meeting.

 

     The Vice-Mayor opened the Development Review Study Session for Location:  3610 and 3700 El Camino Real, Two lots totaling 12.59 acres at the southwest corner of El Camino Real and Lawrence Expressway; APN(s): 313-06-002 and 313-06-004; Applicant/Owner:  John Eudy/Santa Clara Square, LLC; Request: Rezoning Community Commercial (CC) to Planned Development (PD), Development Agreement and Tentative Subdivision Map to allow a mixed-use development consisting of 475 apartment units, 86,000 square feet of retail and a six level parking garage. The request includes preparation and adoption of an Environmental Impact Report (EIR). The City Manager made introductory remarks and then he and the Director of Planning and Inspection made an electronic presentation regarding the proposed project. The applicant addressed the Council also with an electronic presentation highlighting the proposed project and then he and the City Manager answered Council questions. Keith Stattenfield and Doug Hoskings addressed the Council with general comments regarding the project.

 

     The Council then met at 6:00 pm in the Reception Lobby Area adjacent to the City Clerk’s Office for Senior Advisory Commission and Historical and Landmarks Commission Interviews to fill vacancies for the partial terms ending June 30, 2017.

 

     With a quorum present and with no public input, the Council then met at 6:20 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 representative: 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 - International Brotherhood of Electrical Workers (IBEW), Local 1245; Unit #4 - City of Santa Clara Professional Engineers; Units #5, 7 & 8 - City of Santa Clara Employees Association; Unit #6 - American Federation of State, County and Municipal Employees (AFSCME), Local 101; Unit #9 - Miscellaneous Unclassified Management Employees; Unit #9A - Unclassified Police Management Employees; Unit #9B - Unclassified Fire Management Employees; Unit #10 - Public Safety Non-Sworn Employees Association (PSNSEA); Conference with Real Property Negotiator pursuant to Government Code Section 54956.8; Property: APN 016-090-037; Negotiating Party(ies): Tim Beals, County of Sierra; City Negotiator: Julio J. Fuentes, City Manager (or designee); Under Negotiation: Purchase/Sale/Exchange/Lease of Property (provisions, price and terms of payment); City Council/City Council acting as 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(a); 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 Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9(a); Potential initiation of litigation: 1 potential case (City Attorney – 09/20/13).

 

 

 

     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 Statement of Values.

 

 

 

     Present: Council Members Debi Davis, Lisa M. Gillmor, Patrick Kolstad, Patricia M. Mahan, Jerry Marsalli and Teresa O'Neill and Mayor Jamie L. Matthews.

 

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

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that the Minutes for the meeting of August 1, 2013 – Special Meeting be adopted as written.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that the Minutes for the meeting of August 20, 2013 – Special Meeting be adopted as written.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that the Minutes for the meeting of August 20, 2013 be adopted as written.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried with Mahan abstaining (not present at the meeting), that the Minutes for the meeting of August 27, 2013 be adopted as written.

 

 

 

     MOTION was made by Mahan, seconded and unanimously carried, that the Council appoint Samuel Orme to the Senior Advisory Commission for the partial term ending June 30, 2017 (City Clerk/Auditor – 09/17/13).

 

 


 

 

     MOTION was made by Mahan, seconded and unanimously carried, that the Council appoint Michael Hyams and J.L. Spike Standifer to the Historical and Landmarks Commission for the partial terms ending June 30, 2017 (City Clerk/Auditor – 09/19/13).

 

 

 

     As a Special Order of Business, the Council proceeded with the consideration for adoption of the Strategic Plan for 2013-2015 and the Six-Month Strategic Objectives from September 13, 2013 through March 15, 2014. The City Manager introduced the item, reviewed his memo (09/13/13), and noted the correspondence that had been received regarding the Ultistac Natural Area and a plastic bag ban, which was placed at the Council dais (Office Specialist to the City Council – 09/20/13 and Executive Assistant to the Mayor and City Council – 09/24/13). The following people addressed the Council with comments of concern regarding having Ulistac Natural Area as a possible site for the relocation of the Youth Soccer Park: Jan Hintermeister, Jeanne-Michele Salander, Brian Doyle, Clysta Seney, Stephen Rosenthal, Gloria McClain (provided handout), Omkar Savant, Ayush Midha, Julie Rose, Karen Campbell, Sally Brett, Barbara Mordy, Ricardo Acevedo, Thomas Semere, Sarah Doty and Brittany Schulter (provided handout). The following people addressed the Council with general comments regarding the relocation of the Youth Soccer Park: Howard Gibbins, Chris Kolterman, Craig Larsen, Dennis Dowling and Kevin Moore. James Rowen addressed the Council with general comments. Council comments were made and the City Manager answered Council questions. MOTION was made by Mahan, seconded and unanimously carried, that the Council adopt the Strategic Plan for 2013-2015 and the Six-Month Strategic Objectives from September 13, 2013 through March 15, 2014; set monthly updates to Council; and set the next six-month Strategic Planning Retreat for March 20, 2014 from 8:00 am to 4:00 pm to be held at the Santa Clara Convention Center, 5001 Great America Parkway, Santa Clara.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Parks and Recreation’s memo (09/06/13), the Council accept a donation from Traktor in the amount of $1,000 to help support the Wade Brummal Foundation and authorize the transmittal of a letter of appreciation signed by the Mayor and City Manager.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Senior Staff Aide’s memo (08/20/13), the Council approve and authorize the publication of the November 2013 Mission City SCENES.

 

 


 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Human Resources Division Manager’s memo (08/26/13), the Council approve a Stipulations with Request for Award, based on the recommendation of the City’s Workers’ Compensation legal counsel, to settle the Workers' Compensation claim for an injury Todd Siegfried, Retired Firefighter, sustained on May 18, 2010 (Claim #1656035).

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Housing and Community Services Division Manager’s memo (09/13/13), the Council approve the submittal of the consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2012-13 for the Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) programs to the US Department of Housing and Urban Development (HUD).

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the City Attorney’s memo (09/11/13), the Council note and file the proposed First Amended and Restated Declaration of Covenants, Conditions and Restrictions (CC&Rs) and bylaws of Woodsborough Homes Association.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Police Chief’s memo (09/13/13), the Council approve the response to the 2012-2013 Santa Clara County Civil Grand Jury's final report, Law Enforcement Public Complaint Procedures, and authorize the Mayor and City Manager to transmit the  City’s response to the Presiding Judge of the Superior Court.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Parks and Recreation’s memo (09/06/13), the Council accept the donation from the Community Foundation of Santa Cruz County on behalf of The Bessie Vizzusi-Gruhlke Fund in the amount of $1,500 to help support the Fitness Center at the Senior Center and authorize the transmittal of a letter of appreciation signed by the Mayor and the City Manager.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Water and Sewer Utilities’ memo (09/17/13), the Council approve the use of City Water Utility forces to upgrade the existing 8-inch Fire Service with installation of a Reduced Pressure Detector Assembly (RPDA) at 2901 Patrick Henry Drive.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Finance’s memo (09/03/13), accept the Monthly Financial Status Reports for June 2013.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Finance’s memo (09/06/13), the Council accept the Monthly Financial Status Reports for July 2013.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (09/11/13), the Council approve, and authorize the City Manager to execute, an Agreement and Covenant Running with the Land with Marriott Office Partners Holding Company, LLC to defer the installation of City standard sidewalk along the Bunker Hill Lane and Old Ironsides Drive frontages of 5150 Great America Parkway and authorize the recordation of the Agreement with the County Recorder (APN 104-49-025; SC 18,630).

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (09/11/13), the Council approve, and authorize the City Manager to execute, an Agreement and Covenant Running with the Land (Deferment of Public Improvements) with Santa Clara College to defer the installation of Silicon Valley Power (SVP)/Electric Department substructures along the frontage of Alviso Street, Benton Street, Franklin Street and The Alameda and authorize the recordation of the Agreement with the County Recorder (APN 269-23-06, APN 269-23-083 and APN 269-23-047) (Electric Department estimate #33021).

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Information Technology’s memo (08/26/13), the Council approve, and authorize the City Manager to execute, an Enterprise License Agreement with Environmental Systems Research Institute, Inc. (ESRI), in an amount not to exceed $340,000 over the three year terms of the agreement, for geographic information software and support services.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the City Attorney’s memo (09/24/13), the Council/Stadium Authority approve, and authorize the City Manager/Executive Director to execute, Amendment No. 1 to the Agreement for Legal Services with Nossaman LLP, in an amount of $100,000, for a total amount not to exceed $150,000, for Legal Services regarding public contracting issues related to the construction and operations of Levi's Stadium.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that the Council note and file the Informational Memo entitled, “2013 Indoor Sculpture Exhibition and Opening Reception on Saturday, September 28, 2013 from 2:00 pm to 4:00 pm at City Hall” (Senior Staff Aide to the City Manager – 09/19/13).

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, per the Director of Planning and Inspection’s memo (09/03/13), the Council approve the Special Permit request submitted by Buck Shaw Stadium - Santa Clara University for a time extension for the Special Permit to allow temporary use of Buck Shaw Stadium by a professional soccer team for up to one additional year to December 31, 2014, subject to conditions (PLN2013-09979/PLN2010-08430/PLN2007-06729/CEQ2008-01053).

 

 

 

     PUBLIC HEARING: The Mayor declared the public hearing open for consideration of the adoption of a Resolution approving rezoning the property located at 961 Bellomy Street from Planned Development (PD) to Planned Development (PD) to allow relocation and rehabilitation of a historic building for residential use, subject to conditions. The Director of Planning and Inspection reviewed his memo (09/17/13) and gave an electronic presentation highlighting the proposed project. Then he and the City Attorney answered Council questions. Sal Caruso, applicant, addressed the Council with comments regarding the project. The following people then addressed the Council with comments of concern: Sarah Doty, Lou Faria, Barbara Mordy and Judy Tucker. Mr. Caruso addressed the Council with further comments. Council comments were made and further questions were answered by the Director of Planning and Inspection and the City Attorney. With no further public input, MOTION was made by Mahan, seconded and unanimously carried, that the Council close the public hearing. MOTION was then made by Gillmor, seconded and carried with Mahan dissenting, that the Council adopt Resolution No. 13-8079 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, REZONING THE PROPERTY LOCATED AT 961 BELLOMY STREET, SANTA CLARA, FROM PLANNED DEVELOPMENT (PD) TO PLANNED DEVELOPMENT (PD)” which rezones the property located at 961 Bellomy Street from Planned Development (PD) to Planned Development (PD) to allow relocation and rehabilitation of a historic building for residential use, subject to conditions (PLN2013-09756).

 

 

 

PUBLIC HEARING: The Mayor declared the hearing open for consideration of the project located at 2350 Mission College Boulevard, including adoption of a Resolution approving the time extension for the Planned Development zoning for the construction of two 150,000 square foot office buildings, a 6,000 square foot commercial building and a six-level parking garage, subject to conditions. The Director of Planning and Inspection reviewed his memo (09/17/13) and made an electronic presentation highlighting the proposed project. He then answered Council questions. Ken Rodriguez, architect, addressed the Council with comments regarding the proposed project. With no further public input, MOTION was made by Gillmor, seconded and unanimously carried, that the Council close the public hearing. MOTION was then made by Gillmor, seconded and unanimously carried, that the Council adopt Resolution No. 13-8080 entitled, “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, APPROVING THE TIME EXTENSION FOR PLANNED DEVELOPMENT ZONING FOR THE PROPERTY LOCATED AT 2350 MISSION COLLEGE BOULEVARD, SANTA CLARA” which approves the time extension for the Planned Development zoning for the construction of two 150,000 square foot office buildings, a 6,000 square foot commercial building and a six-level parking garage located at 2350 Mission College Boulevard, subject to conditions (PLN2013-09743).

 

 

 

     Under Public Presentations, Ken Sinclair, representing the Downtown Merchants Association, expressed concerns regarding parking at Franklin Square.

 

     Ed McGovern, SPI Holdings, requested initiation of the process for rezoning the property located at 2121 Laurelwood. By Council consensus, the issue was referred to the City Manager.

 

 

 

     MOTION was made by Gillmor, seconded and unanimously carried  that the Council approve the bills and claims payments.

 

 

 

     Under Reports of Councilors and Special Council Committees, Council Member Davis stated that she, Council Member O’Neill and         Council Member Kolstad, along with the City Manager, Assistant City Manager, City Attorney and the Fire Chief attended the California League of Cities Annual Conference, which was held September 18-20 and she provided a report. She also stated that the Triton Museum will be hosting a Flower Show in October.

 

     Council Member Kolstad stated that on Wednesday, September 18, 2013, he and Council Member O’Neill, attended the MSR Board of Director’s meeting and he provided a report.

 

 

 

     The City Attorney then 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 representative: 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 - International Brotherhood of Electrical Workers (IBEW), Local 1245; Unit #4 - City of Santa Clara Professional Engineers; Units #5, 7 & 8 - City of Santa Clara Employees Association; Unit #6 - American Federation of State, County and Municipal Employees (AFSCME), Local 101; Unit #9 - Miscellaneous Unclassified Management Employees; Unit #9A - Unclassified Police Management Employees; Unit #9B - Unclassified Fire Management Employees; Unit #10 - Public Safety Non-Sworn Employees Association (PSNSEA) and there was no reportable action; Conference with Real Property Negotiator pursuant to Government Code Section 54956.8; Property: APN 016-090-037; Negotiating Party(ies): Tim Beals, County of Sierra; City Negotiator: Julio J. Fuentes, City Manager (or designee); Under Negotiation: Purchase/Sale/Exchange/Lease of Property (provisions, price and terms of payment) and there was no reportable action; City Council/City Council acting as 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(a); 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 there was no reportable action; and Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9(a); Potential initiation of litigation: 1 potential case and there was no reportable action.

 

 

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the City Attorney’s memo (09/12 n/13), the Council set October 8, 2013 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 representative: 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 - International Brotherhood of Electrical Workers (IBEW), Local 1245; Unit #4 - City of Santa Clara Professional Engineers; Unit #5, 7 & 8 - City of Santa Clara Employees Association; Unit #6 - American Federation of State, County and Municipal Employees (AFSCME), Local 101; Unit #9 - Miscellaneous Unclassified Management Employees; Unit #9A - Unclassified Police Management Employees; Unit #9B - Unclassified Fire Management Employees Unit #10 - Public Safety Non-Sworn Employees Association (PSNSEA); Conference with Legal Counsel - Existing Litigation and pursuant to Government Code Section 54956.9(a) 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 Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9(a) Potential initiation of litigation: 1 potential case.

 

 


 

 

     MOTION was made by Gillmor, seconded and unanimously carried, that, there being no further business, the Council adjourn at 8:54 pm In Memory of Lawrence B. Turley (long-time Santa Clara Community volunteer) to Tuesday evening, October 8, 2013 at 6:00 pm for interviews to fill the vacancy on the Housing Rehabilitation Loan Committee in the Reception Lobby area adjacent to the City Clerk's office, 6:00 pm for 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