Rounded Rectangle: Council and Authorities 
Concurrent Meeting Agenda

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REVISED AGENDA

CITY COUNCIL

STADIUM AUTHORITY

SPORTS AND OPEN SPACE AUTHORITY

HOUSING AUTHORITY

 

August 23, 2016

 

 

5:00 PM STUDY SESSION

6:00 PM CLOSED SESSION

7:00 PM REGULAR MEETING

City Hall Council Chambers

 

 

The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

 

AB23 ANNOUNCEMENT: Members of the Santa Clara Stadium Authority, Sports and Open Space Authority and Housing Authority are entitled to receive $30 for each attended meeting.

 

Note: The City Council and its associated Authorities meet as separate agencies but in a concurrent manner. Actions taken should be considered actions of only the identified policy body.  

 

LEGEND: City Council (CC); Stadium Authority (SA); Sports and Open Space Authority (SOSA); Housing Authority (HA); Successor Agency to the City of Santa Clara Redevelopment Agency (SARDA)

 

A complete agenda packet is available on the City’s website and in the City Clerk’s Office beginning the Friday evening before the Tuesday meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov, or at the public information desk at any City of Santa Clara public library.

 

1.

5:00 PM STUDY SESSION:

 

A.

Confirmation of Quorum.

CC

 

2.

ANNOUNCEMENT OF STUDY SESSION:

 

A.

Future Bay Area Rapid Transit (BART) Extension, Envision Silicon Valley Sales Tax Measure and County Expressway Plan 2040. 

CC

 

3.

6:00 PM CLOSED SESSION CALL TO ORDER:

 

A.

Confirmation of Quorum.

 

 

4.

ANNOUNCEMENT OF CLOSED SESSION:

 

A.

Conference with Labor Negotiators Pursuant to Government Code Section 54957.6; City representative: Rajeev Batra, Acting 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).

CC

 

B.

Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: APN 269-16-011, 981 Fremont Street, Santa Clara; City Negotiator: Rajeev Batra, Acting City Manager (or designee); Negotiating Parties: Myron Von Raesfeld; Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment).

CC

 

C.

Conference with Legal Counsel-Existing Litigation Pursuant to Government Code Section 54956.9(d)(1); PSNSEA v. City of Santa Clara, Unfair Practice Charge No. SF-CE-904-M.

CC

 

D.

Conference with Legal Counsel-Existing Litigation Pursuant to Government Code Section 54956.9(d)(1); City of San Jose v. City of Santa Clara, et al., Santa Clara County Superior Court Case No. 16V298317.

CC

 

E.

Conference with Legal Counsel-Existing Litigation Pursuant to Government Code Section 54956.9(d)(1); Harmon v. City of Santa Clara, et al., United States District Court, Northern District of California Case No. 5:16-CV-4228 EJD.

CC

 

F.

Conference with Legal Counsel-Existing Litigation Pursuant to Government Code Section 54956.9(d)(1); Freedom from Religion Foundation, Inc., et al. v. City of Santa Clara, et al. United States District Court, Northern District of California Case No. 5:16-CV-2072 HRL.

CC

 

5.

PUBLIC COMMENT REGARDING CLOSED SESSION:

 

6.

RECESS TO CLOSED SESSION (Council Conference Room):

 

7.

7:00 PM REGULAR MEETING CALL TO ORDER:

 

8.

PLEDGE OF ALLEGIANCE AND STATEMENT OF VALUES:

 

9.

ROLL CALL:

 

10.

APPROVAL OF MINUTES:

 

A.

June 28, 2016.

CC SA SOSA HA

 

B.

July 12, 2016.

CC SA SOSA HA

 

C.

July 19, 2016.

CC SA SOSA HA

 

11.

CONTINUANCE/EXCEPTIONS:

 

12.

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.

Note and file the Departmental Activity Report for the month of June 2016.

CC

2.

Approval of the use of City Electric forces for the installation of facilities at Scott Boulevard and Octavius Drive; 297 Bel Ayre Drive; 991 Clyde Avenue; 3518 Agate Drive; South side Augustine Drive between Montgomery Drive and Octavius Drive; and multiple locations on both sides of San Tomas Expressway between El Camino Real and Homestead Road.

CC

3.

Acceptance of the work performed by Michels Construction dba Michels Pipeline Construction for the unit price bidding and construction of Serra-Brokaw 60 kV Re-Conductoring Project, Contract 2116A, and authorization to record a Notice of Completion with the County Recorder.

CC

4.

Adoption of Ordinance No. 1958 which amends Chapter 6.28 ("Beekeeping") of Title 6 ("Animals") of "The Code of the City of Santa Clara, California" related to beekeeping in the City.

CC

5.

Adoption of a Resolution modifying the implementation of the Water Shortage Contingency Plan from Plan 3 to Plan 2 with a 20% water use reduction target when compared to 2013 water demands, and a restriction on outdoor watering of ornamental landscapes or lawns with potable water to a maximum of three days per week. 

CC

6.

Approval of the Final Map for Tract 10322, a single lot subdivision for 7 buildable lots and 11 common lots for condominium purpose on an approximately 1.74-acre parcel located at 166 Saratoga Avenue, and authorization to record the Final Map for Tract 10322 (APN 294-38-001).

CC

7.

Adoption of Ordinance No. 1959 which amends Chapter 5.35 ("Taxicabs") to Title 5 ("Business Licenses and Regulations") of "The Code of the City of Santa Clara, California" related to taxicab fares in the City.

CC

8.

Approval of the use of City Water Utility forces to install two 2" recycle water services at 3200 Lakeside Drive.

CC

9.

Approval of the use of City Water Utility forces to install a 1" water meter at 2851 Humbolt Avenue.

CC

10.

Acceptance of the resignation of Peter Yoon from the Board of Library Trustees, effective July 24, 2016; declare one vacancy on the Board of Library Trustees for the partial-term ending June 30, 2017; and set September 21, 2016 at 5:00 p.m. as the deadline for the receipt of applications, with interviews to be held on October 11, 2016 at 6:00 p.m. in the reception lobby area.

CC

11.

Acceptance of a donation from John Howes in the amount of $100 in memory of Golda Teeter Howes to help support the Santa Clara Senior Center and authorization to transmit a letter of appreciation signed by the Mayor and the City Manager.

CC

12.

Acceptance of a donation from David Resnicow in the amount of $250 in memory of Gerald Ferber to help support the Santa Clara Senior Center and authorization to transmit a letter of appreciation signed by the Mayor and the City Manager.

CC

13.

Approval to set the following City Council and Authorities Concurrent meeting dates for the 2017 calendar year:

January 10 and 24              July 11 and 18

February 7 and 21               August 22 and 29

March 7 and 21                    September 12 and 26

April 4 and 18                       October 10 and 24

May 9, 16 and 23                 November 7 and 14

June 13 and 27                    December 5 and 19

CC SA SOSA HA

14.

Set September 27, 2016 for a public hearing to consider the appeal submitted by Manish Rastogi of the Planning Commission's approval of the project located at 4935 Stevens Creek Boulevard for a permit to allow an outdoor playground use in conjunction with the construction of a new 14,436 square foot one-story child care center facility for up to 178 children (PLN2016-11831; APN 296-20-004).

CC

15.

Adoption of a Resolution consenting to inclusion of properties within the City's jurisdiction in the California Home Finance Authority Community Facilities District No. 2014-1 (Clean Energy) to finance renewable energy improvements, energy efficiency and water conservation improvements and electric vehicle charging infrastructure and approving Associate Membership in the Joint Exercise of Powers Authority related thereto; adoption of a Resolution consenting to inclusion of properties within the City's jurisdiction in the California Home Finance Authority Program to finance renewable energy generation, energy and water efficiency improvements and electric vehicle charging infrastructure, and approving Associate Membership in the Joint Exercise of Powers Authority related thereto; such Resolutions allowing voluntary participation in the California Home Finance Authority Property Assessed Clean Energy (PACE) Program; and authorization to execute the Golden State Finance Authority Amended and Restated Joint Exercise of Powers Agreement and any necessary documents to enter into such membership. 

CC

16.

Approval and authorization to sign the acknowledgment addendums of the Regional Collaborative Services Agreement, as executed between Association of Bay Area Governments (ABAG) and Property Assessed Clean Energy (PACE) providers, for California Home Energy Renovation Opportunity (HERO) Program administered by the Western Riverside Council of Governments and the PACE programs administered by Ygrene Energy Fund California LLC.

CC

17.

Approval of the revised job description for Compliance Manager.

CC

 

B.

Agreements

 

 

1.

Approval of Electric Service Agreement with The Newark Group, Inc. dba California Paperboard, for the purchase of electricity on a long-term basis in exchange for certain discounted rates.

CC

2.

Approval of Agreements for Professional Services with CSG Consultants, Inc. and Kimley-Horn and Associates, Inc. for development plan review and field inspection services in an amount not to exceed $500,000 each.

CC

3.

Approval of Supplement No. 1 to Amended and Restated Northern California Power Agency (NCPA) Joint Powers Agreement, adding the City of Shasta Lake as a party.

CC

 

C.

Bills and Claims/Progress Payments

 

 

1.

Approval of Bills and Claims and Progress Payments.

CC SA SOSA HA

 

D.

Reports for Information and Possible Action

 

 

E.

Minutes to Note and File

 

 

1.

Parks and Recreation Commission - April 19, 2016.

CC

2.

Parks and Recreation Commission  - May 17, 2016.

CC

3.

Parks and Recreation Commission  - June 21, 2016.

CC

4.

Cultural Commission - June 6, 2016.

CC

5.

Youth Commission - August 25, 2015, September 8, 2015, October 13, 2015, November 10, 2015, December 8, 2015, January 12, 2016, February 9, 2016, March 8, 2016 and April 5, 2016.

CC

 

F.

Routine Written Petitions for Approval

 

 

13.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

14.

UNFINISHED BUSINESS:

 

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

 

 

A.

Informational Report: Follow-up on Super Bowl 50 regarding Transient Occupancy Tax and Sales Tax Information.

CC

 

15.

ITEMS SET FOR HEARING:

 

[Planning Commission items not being appealed, or which are not related to an appeal, will be heard under REPORTS 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.

Adoption of a Resolution establishing the fee schedule for new residential development fees due in-lieu of parkland dedication.

CC

 

B.

410 Lafayette Way:
Reconsideration of Item 12.A from the Council Meeting of April 19, 2016: the appeal submitted by Robert O'Keefe to deny the Planning Commission's approval of the property located at 410 Lafayette Way (PLN2016-11760). Staff Recommendation: Take one of the following actions:
1. Adoption of a Resolution to deny the appeal and uphold the Planning Commission's approval for the proposed project; or
2. Adoption of a Resolution to sustain the appeal and deny the proposed project.

CC

 

C.

820 Civic Center Drive:
Adoption of Resolutions approving a rezone from PD (Planned Development) to PD (Planned Development) and a Tentative Parcel Map creating a four lot subdivision (PLN2015-11519, PLN2015-11520).

CC

 

16.

REPORTS FOR ACTION:

 

A.

Informational Report:  Schematic design for the Mission Branch Library Remodel Project (CE15-16-07).

CC

 

B.

Designation of one or more Council Members to attend the League of California Cities Annual Conference to serve as voting delegate and up to two alternates, or request the City Manager to appoint City staff registered for the conference as the voting delegate and alternates(s) to represent the City at the League of California Cities 2016 Annual Business Meeting.

CC

 

17.

STADIUM AUTHORITY ITEMS:

 

A.

Approve the City's response to the 2015-2016 Santa Clara County Civil Grand Jury's Final Report, The City of Santa Clara, The Santa Clara Stadium Authority, Levi's Stadium, and Measure J, and authorization to transmit the City's response to the presiding Judge of the Superior court.

CC

 

1.

Correction to Agenda Item No. 17A:  The complete set of pages to the 2015-2016 Santa Clara County Civil Grand Jury's Report are attached.

CC

 

B.

Informational Report: Follow-up on Stadium Authority Financial Status Report from the July 19, 2016 meeting.

SA

 

C.

Note and file the audited Santa Clara Stadium Authority financial statements for Fiscal Year ending March 31, 2016, as recommended by the Audit Committee.

SA

 

D.

Note and file the Santa Clara Stadium Authority Financial Status Report for the quarter ending June 30, 2016.

CC SA

 

18.

PUBLIC PRESENTATIONS:

 

[This item is reserved for persons to address the Council/Stadium Authority/Sports and Open Space Authority/Housing Authority on any matter not on the agenda that is within the subject matter jurisdiction of the City or Authorities. The law does not permit action on, or extended discussion of, any item not on the agenda except under special circumstances. The governing body, or staff, may briefly respond to statements made or questions posed, and appropriate body 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.]

 

 

19.

REPORTS OF MEMBERS AND SPECIAL COMMITTEES (CC SA SOSA HA):

 

A.

Reports regarding conference attendance, if any.

CC SA SOSA HA

 

20.

CITY MANAGER/EXECUTIVE DIRECTOR REPORTS:

 

21.

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS:

 

22.

ADJOURNMENT:

 

A.

The next regular scheduled meeting is on Tuesday evening, August 30, 2016, in the City Hall Council Chambers.

CC SA SOSA HA