Rounded Rectangle: Council and Authorities 
Summary of Actions

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• SUMMARY OF ACTIONS •

 

This document is prepared as a Summary only and is not intended to be an official record of Council and Authority Actions.

The official Minutes of the meeting are available in the City Clerk’s Office approximately four weeks following the meeting.

 

CITY COUNCIL

STADIUM AUTHORITY

SPORTS AND OPEN SPACE AUTHORITY

HOUSING AUTHORITY

 

February 21, 2017

 

 

5:00 PM JOINT 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)

 

1.

5:00 PM STUDY SESSION CALL TO ORDER:

 

A.

Confirmation of Quorum.

CC SOSA HA SARDA

 

2.

ANNOUNCEMENT OF STUDY SESSION:

 

A.

Joint Study Session with the City Council, Sports and Open Space Authority, Housing Authority and Successor Agency to the City of Santa Clara Redevelopment Agency: Request for input on the 2017-18 Budget priorities.

 

CC SOSA HA  SARDA

 

3.

6:00 PM CLOSED SESSION CALL TO ORDER:

 

A.

Confirmation of Quorum.

CC

 

4.

ANNOUNCEMENT OF CLOSED SESSION:

 

A.

Conference with Labor Negotiators pursuant to Government Code Section 54957.6; City representative: Rajeev Batra, Interim 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

 

·         ACTION:

Approved MOU agreement with Santa Clara Police Officer’s Association.

 

 

·         ASSIGNMENT:

City Attorney

 

 

B.

Public Employee Performance Evaluation pursuant to Government Code Section 54957; Title: Interim City Manager

CC

 

·         ACTION:

No Reportable Action

 

 

·         ASSIGNMENT:

City Attorney

 

 

C.

Conference with Legal Counsel-Existing Litigation pursuant to Government Code Section 54956.9(d)(1); Mr. Ticket, et al., vs. Santa Clara Stadium Authority, et al., San Francisco County Superior Court Case Number CGC-17-556740.

SA

 

·         ACTION:

No Reportable Action

 

 

·         ASSIGNMENT:

Stadium Authority General Counsel

 

 

D.

Conference with Legal Counsel-Existing Litigation pursuant to Government Code Section 54956.9(d)(1); Forty Niners Stadium Management Company LLC, et al. v. Santa Clara Stadium Authority, et al, Santa Clara County Superior Court Case No. 17CV304903.

SA

 

·         ACTION:

No Reportable Action

 

 

·         ASSIGNMENT:

Stadium Authority General Counsel

 

 

 

 

 

 

E.

Conference with Legal Counsel-Existing Litigation pursuant to Government Code Section 54956.9(d)(1); City of San Jose v. City of Santa Clara, San Mateo County Superior Court Case No. 16-CIV-02303.

CC

 

·         ACTION:

No Reportable Action

 

 

·         ASSIGNMENT:

City Attorney

 

 

F.

Conference with Legal Counsel-Existing Litigation pursuant to Government Code Section 54956.9(d)(1); City of Santa Clara v. City of San Jose, San Mateo County Superior Court Case No. 17-CIV-00547.

CC

 

·         ACTION:

No Reportable Action

 

 

·         ASSIGNMENT:

City Attorney

 

 

G.

Conference with Legal Counsel-Existing Litigation pursuant to Government Code Section 54956.9(d)(1); Santa Clara Youth Soccer League v. City of Santa Clara, et al., Santa Clara County Superior Court Case No. 15-CV-289572.

CC

 

·         ACTION:

No Reportable Action

 

 

·         ASSIGNMENT:

City Attorney

 

 

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:

 

A.

Present: Members Caserta, Davis, Kolstad, Mahan, O'Neill, Watanabe and Mayor/Chairperson Gillmor.

 

 

10.

APPROVAL OF MINUTES:

 

A.

January 24, 2017.

CC SA SOSA HA

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

 

 

Stadium Authority Secretary

 

 

 

Agency Secretary

 

 

 

Clerk

 

 

11.

CONTINUANCE/EXCEPTIONS:

 

 

 

 

12.

SPECIAL ORDER OF BUSINESS:

 

A.

Presentation of a Significant Achievement Award to the Santa Clara Police Department from the California Department of Alcoholic Beverage Control.

CC

 

B.

Presentation by the Historic Preservation Society of Santa Clara and the Old Quad Residents Association of the 2016 Historic Home Tour proceeds in the amount of $12,000 and authorization to accept donations for City specific programs.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Executive Assistant to the City Manager

 

 

C.

Recognition of Santa Clara resident Carlos McCann who volunteers his personal time to better the community. 

CC

 

D.

Presentation by the Eritrean Community Center of Santa Clara County.

CC

 

E.

 

F.

Update on the Rising Readers, Early Learning Initiative.

 

Recognition of the Firehouse Run: Santa Clara Firefighters Foundation.

CC

 

CC

 

13.

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.

Adoption of the revised resolution approving a daily 1-hour parking restriction from 12:00 a.m. to 6:00 a.m. on both sides of El Capitan Avenue, Sheraton Drive, Staats Way and Alberta Court.

CC

 

·         ACTION:

Adopted Resolution No. 17-8413.

 

 

·         ASSIGNMENT:

Dir. Public Works

 

2.

Approval of the use of City Water Utility forces to upgrade existing 8" fire service with reduced pressure detector assembly at 2055 Laurelwood Road and 5403 Betsy Ross Drive.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Water and Sewer

 

3.

Approval of the use of City Electric forces for the installation of facilities at 3032 Coronado Drive.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Electric

 

4.

Approval of the ten year goals for energy efficiency, as determined by the Incremental Market Potential identified in the Navigant Consulting, Inc. potential study.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Electric

 

5.

Adoption of a Resolution ordering the vacation of the underground electric and sidewalk easements at 2795 Augustine Drive and authorization of the recordation thereof (APN 216-45-045; SC 18,881).

CC

 

·         ACTION:

Adopted Resolution No. 17-8414.

 

 

·         ASSIGNMENT:

Dir. Public Works

 

6.

Approval of the Plans and Specifications for the 2017 Pavement Resurfacing Project for pavement rehabilitation of Great America Parkway, Bowers Avenue, Cypress Avenue, Forest Avenue, Fernandez Court and other miscellaneous areas, and authorization to make minor modifications and to advertise for bids (CE16-17-08).

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Public Works

 

7.

Note and file the Monthly Financial Status Reports for December 2016.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

8.

Acceptance of the Santa Clara Convention Center and Convention-Visitor's Bureau Activity Report for Fiscal Year 2016-2017 Second Quarter, as submitted by the Santa Clara Chamber of Commerce and Convention-Visitor's Bureau.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Finance

 

9.

Adoption of a Resolution in support of a National Heritage Area Designation for Santa Clara County.

CC

 

·         ACTION:

Adopted Resolution No. 17-8415.

 

 

·         ASSIGNMENT:

Deputy City Manager

 

10.

Approval of the expenditure in the amount of $2,300 for Vice Mayor Caserta to attend the 26th Annual Yosemite Policymakers Conference in Yosemite National Park, California on March 16-19, 2017.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

City Manager

 

 

 

 

 

 

 

B.

Agreements

 

 

1.

Approval of Amendment No. 1 to the Affordable Housing Agreement with 555 Saratoga, LLC clarifying the legal description, the Assessor's Parcel Number (APN) for the designated Below Market Price (BMP) unit, and correcting the unit's listed square footage.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Community Development

 

2.

Approval of an Agreement for the Performance of Services with 3Degrees Group, Inc. for a total amount not to exceed $3,500,000 to continue the Santa Clara Green Power Program through 2020.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Electric

 

3.

Approval of an Agreement for Professional Services with SCI Consulting Group, Inc. for the Storm Drain Fee and Rate Study in an amount not to exceed $218,775.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Public Works

 

4.

Approval of the Agreement for Design Professional Services with Iteris, Inc. for an amount not to exceed $250,350 for the Changeable Message Signs Project.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Public Works

 

 

C.

Bills and Claims/Progress Payments

 

 

1.

Approval of Bills and Claims and Progress Payments.

CC SA SOSA HA

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Finance

 

 

D.

Reports for Information and Possible Action

 

 

E.

Minutes to Note and File

 

 

1.

Board of Library Trustees - December 5, 2016.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

2.

Historical and Landmarks Commission - January 5, 2017.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

3.

Planning Commission - January 11, 2017.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

 

F.

Routine Written Petitions for Approval

 

 

14.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

15.

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.)]

 

 

16.

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.

2780 El Camino Real, Moonlite Lanes Apartment Project: 
Construction of a five-story, 158 unit multi-family residential development with central six-story wrap parking structure, on-site amenities, landscaping, and site improvements, subject to conditions.
Adoption of Resolutions:
1) Adopting the Mitigated Negative Declaration and adopting the Mitigation Monitoring and Reporting Program,
2) Approving General Plan Amendment # 85 from Regional Mixed Use to High Density Residential, and
3) Approving the Rezone from Community Commercial (CC) to Planned Development (PD) (APN: 290-16-018) [PLN2015-11360 and CEQ2016-01198].

CC

 

·         ACTION:

Withdrawn by applicant.

 

 

·         ASSIGNMENT:

Dir. Community Development

 

 

B.

917 Warburton Avenue:
Adoption of Resolutions:
1) Adopting the Mitigated Negative Declaration (MND) and Mitigation Monitoring or Reporting Program (MMRP);
2) Approving a Rezone from ML - Light Industrial to PD - Planned Development; and
3) Approving a Tentative Subdivision Map for a six-lot subdivision with one common area parcel [CEQ2016-01020, PLN2016-11732, PLN2016-11733].

CC

 

·         ACTION:

Adopted Resolutions No. 17-8416, No. 17-8417 and No. 17-8418; and by consensus referred to the City Manager to bring back a report addressing the residential safety concerns including a potential wall.

 

 

·         ASSIGNMENT:

Dir. Community Development

 

 

 

 

17.

REPORTS FOR ACTION:

 

A.

Affordable Housing Nexus Summary: Review of proposed fee levels, provide feedback regarding the desired fee levels, and for direction to prepare a draft ordinance for Council's consideration.

CC

 

·         ACTION:

Approved the creation of an Ad-Hoc Committee including Vice Mayor Caserta as the Chair, Council Members Kolstad and Mahan, one Planning Commissioner, to meet between 4-6 times over the next 60 days, to include community stakeholders outreach and report back to the Council with a recommendation in the May timeframe.

 

 

·         ASSIGNMENT:

Dir. Community Development

 

 

B.

Acceptance of the resignation of Fatima Fagundes from the Cultural Commission, declare one vacancy on the Cultural Commission for the partial term ending June 30, 2019, appoint an applicant from the previously submitted applications for the partial term ending June 30, 2019, and set March 7, 2017 at 6:00 pm for Council to consider the previously submitted applications; or set March 14, 2017 at 5:00 pm as the deadline for the receipt of applications and March 21, 2017 at 6:00 pm as the interview date and time. 

CC

 

·         ACTION:

Approved setting March 14, 2017 at 5:00 pm as the deadline for the receipt of applications and March 21, 2017 at 6:00 pm as the interview date and time.

 

 

·         ASSIGNMENT:

City Clerk

 

 

18.

STADIUM AUTHORITY ITEMS:

 

A.

Ad Hoc Stadium Audit Committee - Minutes of January 9, 2017: Request to note and file.

SA

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

Stadium Authority Secretary

 

 

B.

City Council and Stadium Authority Board request to note and file the Santa Clara Stadium Authority Financial Status Report for the quarter ending December 31, 2016 and Stadium Authority Board request to approve the Stadium operating budget amendment of $405,000.

CC SA

 

·         ACTION:

Noted and Filed, with the correction that the report is "through" the quarter ending December 31, 2016, and approved the Stadium operating budget amendment of $405,000.

 

 

·         ASSIGNMENT:

City Clerk

 

 

 

Stadium Authority Secretary

 

 

19.

BOARD AND COMMISSIONS FOR ACTION:

 

A.

Parks and Recreation Commission - Minutes of January 17, 2017:  Request to note and file:
*Recommendation to authorize the City Manager to enter into a Joint Use Agreement with the Santa Clara Unified School District and develop a Memorandum of Understanding (MOU) with the Little Leagues to provide the Parks and Recreation Department grounds maintenance for the Majors fields and appropriate additional funding as necessary.

CC

 

·         ACTION:

Approved the Commission's recommendation specifically for Briarwood School and noted and filed the Minutes.

 

 

·         ASSIGNMENT:

Dir. Parks & Recreation

 

 

 

City Clerk

 

 

20.

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 speaker cards available in the Council Chambers.]

 

 

A.

Kirk Vartan, Hosam Haggag and Deborah Bress: Expressed general comments of concern.  Pat Nikolai: Expressed general comments of concern related to public safety at Levi’s Stadium. By Council consensus referred the concerns to the City Manager to return with a report.

 

 

21.

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

 

A.

Reports regarding conference attendance, if any.

 

 

B.

Approval of the Ethics Committee recommendations:
1) Reconvene a Charter Review Committee comprised of nine members, including one individual selected by the Mayor and each individual Council Member and two at-large members to be selected by the Council;
2) Define the work plan for the Charter Review Committee; and
3) Set March 24, 2017 as the deadline to submit Letters of Interest for two at-large members to the Mayor and Council Offices. 

CC

 

·         ACTION:

Approved, with the note that the work plan will be defined at a later date by the Committee.

 

 

·         ASSIGNMENT:

Community Relations Manager

 

 

C.

Approval of the Governance Committee's recommendation to delegate authority to the City Manager for certain routine items.

CC

 

·         ACTION:

Approved the Committee's recommendation, with exception of championship team funding; referred to the City Attorney and City Clerk items requiring Resolution updates; and referred back to the Committee the donations policy and to continue to work on the development of performance measures.  

 

 

·         ASSIGNMENT:

City Attorney

 

 

 

City Clerk

 

 

 

Community Relations Manager

 

 

D.

Approval of the Governance Committee's recommendations to:
1) Revise Policy and Procedure 029 Time Limits for Speakers; and
2) Place Public Presentations to be heard immediately following Special Order of Business on the Agenda.

CC

 

·         ACTION:

1) Referred the revision of Policy and Procedure 029 to the City Attorney to return to Council with a Resolution and

2) approved placing Public Presentations to be heard immediately following the Consent Calendar on the Agenda.

 

 

·         ASSIGNMENT:

City Attorney

Community Relations Manager

 

 

22.

CITY MANAGER/EXECUTIVE DIRECTOR REPORTS:

 

A.

The City Manager reported that The Sobrato Organization, LLC project at 2330 Monroe had been withdrawn.

 

 

23.

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS:

 

24.

ADJOURNMENT:

 

A.

The next regular scheduled meeting is on Tuesday evening, March 7, 2017, in the City Hall Council Chambers.

CC SA SOSA HA