SUMMARY OF ACTIONS TAKEN BY

CITY OF SANTA CLARA CITY COUNCIL

THIS DOCUMENT IS PREPARED AS A SUMMARY ONLY AND IS NOT INTENDED TO BE AN OFFICIAL RECORD OF CITY COUNCIL ACTIONS. THE OFFICIAL MINUTES OF EACH MEETING ARE AVAILABLE IN THE CLERK’S OFFICE APPROXIMATELY THREE WEEKS FOLLOWING THE MEETING.

 

 

February 11, 2014

 

 

5:00 pm
Development Review Study Session
City Hall Council Chambers
Location: 2465-2700 Augustine Drive, 8 parcels totaling approximately 31 acres on portions of the north and south sides of Augustine Drive, between San Tomas Aquino Creek on the east and Bowers Avenue on the west
APN's 216-45-006, 011, 014, 019, 027, 028, 036 and 037
Applicant/Owner: The Irvine Company
Project: Santa Clara Square
Request: Amendment of 14.15-acre Phase II of previously approved PD Plan (SC Technology Campus) for office use to now be developed as a specialty retail center of approximately 125,000 square feet, including a major grocer and sit-down restaurants and other retail services, and new phases that transfer anticipated office development from original Phase II area to easterly parcels on Augustine Drive, backing up to the Bayshore Freeway, totaling approximately 540,000 square feet of Class A office space.

6:00 pm
Closed Session
Council Conference Room
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 - 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)
[NOT HELD]
and

 

 


Conference with Real Property Negotiator
Pursuant to Government Code Section 54956.8
Property: APN 104-03-036, APN 104-03-038, APN 104-03-039, APN 104-03-040
Negotiating Party(ies): Kurt Wittek, Montana Property Group, LLC
City Negotiator: Julio J. Fuentes, City Manager (or designee)
Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment)
[NO REPORTABLE ACTION]
and
Conference with Real Property Negotiator
Pursuant to Government Code Section 54956.8
Property: APN 097-01-039, APN 097-01-073, APN 104-01-102, APN 104-03-036
Negotiating Party(ies): William A. Witte, President, Related California
City Negotiator: Julio J. Fuentes, City Manager (or designee)
Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment)
[NO REPORTABLE ACTION]
and
Conference with Legal Counsel - Anticipated Litigation
Pursuant to Government Code Section 54956.9(b)
Potential exposure to litigation: 2 potential cases
[NO REPORTABLE ACTION]
and
City Council/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. 31-2013-80001396
[NO REPORTABLE ACTION]
and
City Council/Successor Agency to the City of Santa Clara Redevelopment Agency
Conference with Legal Counsel - Anticipated Litigation
Pursuant to Government Code Section 54956.9(a)
Potential initiation of litigation: 1 potential case
[NO REPORTABLE ACTION]

 

REGULAR MEETING

7:00 PM in the City Hall Council Chambers

 

 

APPEAL OF HEARING DECISIONS OF THE CITY COUNCIL MUST BE MADE TO THE SUPERIOR COURT WITHIN 90 CALENDAR DAYS OF FINAL ACTION. BECAUSE OF THE AGENDA PROVISION FOR RECONSIDERATION, FINAL ACTION IS DEEMED TO OCCUR AT THE END OF THE NEXT REGULAR MEETING PURSUANT TO CITY COUNCIL POLICY (P&P 042). (CODE OF CIVIL PROCEDURE SECTION 1094.6)

 

1.

PLEDGE OF ALLEGIANCE AND STATEMENT OF VALUES:

 

2.

ROLL CALL:

 

 

Present: Council Members Davis, Gillmor, Kolstad, Mahan, Marsalli and O'Neill and Mayor Matthews.

 

3.

APPROVAL OF MINUTES:

 

A.

January 7, 2014 - Special Meeting.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

4.

CONTINUANCE/EXCEPTIONS:

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Recognition of Police Canine (K-9) "Dex" donated to the Police Department from the Sean M. Walsh K-9 Memorial Foundation.

 

B.

Introduction of the new Mission College President, Daniel A. Peck.

 

C.

Presentation outlining the El Camino Real Street Lighting Improvement Project.

 

• ACTION:

By Council Consensus, referred to the City Manager with a preference for decorative lights.

 

• ASSIGNMENT:

Dir. Electric

 

D.

Presentation on proposed pedestrian activated embedded crosswalk lights at specific intersections along El Camino Real.

 

6.

UNFINISHED BUSINESS:

 

A.

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

 

B.

Adoption of a Resolution approving a Non-Binding Term Sheet with Santa Clara Centennial Gateway LLC for the proposed mixed-use development of Santa Clara Centennial Gateway on approximately 8.5 acres in the North of Bayshore area (APNs 104-03-038 and 104-03-039).

 

• ACTION:

Adopted Resolution Nos. 14-8111 and 14-8112 and, by Council consensus, referred to the City Manager the following issues to be included into the future Development Agreements: a) labor language that includes operations and construction; b) having the option for an additional hotel at the Montana Project site, while staying within the General Plan guidelines; and c) looking at the potential loss of open space, the relocation of the golf course and BMX track and the community benefit recreation uses of the Montana and Related projects.

 

• ASSIGNMENT:

City Manager

 

 

 

 

 

 

 

C.

Adoption of a Resolution approving a Non-Binding Term Sheet with Related Santa Clara LLC for the proposed mixed-use development of City Place Santa Clara on approximately 230 acres in the North of Bayshore (APNs 097-01-039; 097-01-073; 104-01-102; 104-03-036; and 104-03-037). 

 

• ACTION:

Adopted Resolution Nos. 14-8111 and 14-8112 and, by Council consensus, referred to the City Manager the following issues to be included into the future Development Agreements: a) labor language that includes operations and construction; b) having the option for an additional hotel at the Montana Project site, while staying within the General Plan guidelines; and c) looking at the potential loss of open space, the relocation of the golf course and BMX track and the community benefit recreation uses of the Montana and Related projects.

 

• ASSIGNMENT:

City Manager

 

D.

Request for determination on the eligibility of the property located at 1597 Main Street for the City Architecturally or Historically Significant Properties List.

 

• ACTION:

Approve Historical and Landmarks Commission recommendation and add the property on the City's Architecturally or Historically Significant Properties List.

 

• ASSIGNMENT:

Dir. Planning

 

E.

Presentation by Electric Utility and Water Utility outlining service options for customers requesting electric or water meters that cannot be read remotely.

 

• ACTION:

By Council consensus, direct City Manager to return to Council Option C Opt Out With No Fees 6 Month Pilot Program.

 

• ASSIGNMENT:

Dir. Water

 

• ASSIGNMENT:

Dir. Electric

 

7.

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.

Pass to print an Ordinance amending Chapter 13.10 (Sewers) of Title 13 (Public Services) by amending Sections 13.10.020, 13.10.450, 13.10.500, 13.10.580 and adding Section 13.10.670 of the City Code to comply with the US Environmental Protection Agency (US EPA) regulations.

 

• ACTION:

Passed to Print Ordinance No. 1920

 

• ASSIGNMENT:

City Attorney

 

• ASSIGNMENT:

Dir. Water

2.

Adoption of a Resolution ordering the vacation of a portion of an Electric Easement and an Underground Electric Easement at 900 Kiely Boulevard to PRII Kiely Boulevard LLC and authorization to record the Resolution with the County Recorder (APN 290-26-022, 030, 031, 034, 038, 039 and 042; SC 18,669).

 

• ACTION:

Adopted Resolution No. 14-8113

 

• ASSIGNMENT:

Dir. Public Works

3.

Approval to make payment to Santa Clara Campus Property Owner I, LLC, in the amount of $300,000, as the City's fair share contribution for traffic signal installations at the Lakeside Drive/Augustine Drive and Scott Boulevard/Garrett Drive intersections.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

4.

Note and file the Departmental Activity Report for the month of November 2013.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

5.

Approval of the revised job description for Administrative Analyst and title change to Management Analyst.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Human Resources

6.

Approval to set the salary of lateral Police Officer candidates Tom Liu and Scott Mead to Step 2, Salary B, Grade 31.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Human Resources

7.

Acceptance of the work performed by JJR Construction, Inc. for the Removal of Barriers to the Physically Challenged FY 2012-13 and authorization to record the Notice of Completion with the County Recorder (CE 12-13-04).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

 

 

 

 

8.

Adoption of Ordinance No. 1918 amending Chapter 18.54 (Regulations for PD - Planned Development and Combined Zoning Districts) of Title 18 (Zoning) of the City Code, related to Planned Development. 

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Attorney

9.

Adoption of Ordinance No. 1919 amending Section 9.05.130 (Unsafe or Disruptive Conduct) of Title 9 (Public Peace, Morals and Welfare) of the City Code to prohibit unsafe conduct in public places, including skateboarding on park walkways.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Attorney

10.

Approval of the use of City Electric forces for the installation of facilities on Kaiser Drive between Kiely Boulevard and Pepper Tree Lane; 3021 Santa Maria Avenue; and Tasman Drive between Patrick Henry Drive and Old Ironsides Drive.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

 

B.

Agreements

 

1.

Approval of a Call Agreement with Electrical Consultants, Inc. and Call No. 14-1 for Professional Services, in an amount not to exceed $28,550, for the Fairview Substation 60kV Loop-In Project.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

2.

Approval of an Agreement for Extraterritorial Water Service with Signature Flight Support Corporation to provide water service to 325 Martin Avenue, San Jose.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Water

3.

Approval of Call 14-1 for Professional Services with Milton Security Group Inc, in an amount not to exceed $72,000, for disaster recovery and symantec endpoint protection support for the Electric Department.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

4.

Approval of an Agreement for the Performance of Services with N. Harris Computer Corporation, in an amount not to exceed $62,000, for services and support of the enhanced N. Harris Computer Utility Billing System, including utilizing N. Harris Phase II Net Metering software.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

 

C.

Reports for Information and Possible Action

 

1.

Give a Little...Help A Lot Campaign Progress Report.

2.

Report of Proclamations Issued to Individuals retiring with 30 or more years of services with a retirement date in December 2013: Edward Costa (Utility Field Services Supervisor, Finance Department) and John Ruuth (Equipment Operator, Water & Sewer Department).

3.

Notice of March 18, 2014 date for a Public Hearing on the City's Fiscal Year 2014-15 Annual Plan for the Use of Federal Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) Federal Entitlement Funds.

 

D.

Minutes to Note and File

 

1.

Historical and Landmarks Commission - October 3, 2013.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

2.

Historical and Landmarks Commission - November 7, 2013.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

3.

Planning Commission - November 20, 2013.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

4.

Planning Commission - December 11, 2013.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

E.

Routine Written Petitions for Approval

 

1.

Music is Special: Request for matching funds from the Championship Team Fund, in the amount of $5,000, for students to travel to Geneva, Switzerland; Juan Les Pins, France; and Umbria, Italy, to perform at the Montreux, Juan Les Pins and Umbria Jazz Festivals from July 7-17, 2014. Staff recommendation: Approval, subject to the execution of a Contribution Agreement with Music is Special.

 

• ACTION:

Approved and direct the City Manager to amend the Championship Team Fund policy.

 

• ASSIGNMENT:

City Manager

 

 

 

 

 

 

8.

ITEMS SET FOR HEARING:

 

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

Consider the Annual Plan for the use of Federal Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) Entitlement Funds and note and file the oral and written testimony received for consideration at the Public Hearing scheduled for March 18, 2014.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

9.

BOARDS AND COMMISSIONS FOR ACTION:

 

10.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

12.

REPORTS FOR COUNCIL ACTION:

 

A.

Acceptance and appropriation of a donation from the Mission City Community Fund, in the amount of $13,164, for the 2013 Fourth of July Fireworks display in Central Park and authorization to transmit a letter of appreciation.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Parks

 

B.

Approval of the appropriation and transfer of funds, in the amount of $275,000, for the purchase of a vehicle mounted with closed circuit inspection equipment for the Sewer Utility.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Water

 

13.

BILLS AND CLAIMS/PROGRESS PAYMENTS:

 

(Lists are available in the Council Office and the City Clerk's Office.)

 

A.

Approval of Bills and Claims and Progress Payments.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

 

14.

REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

 

A.

Reports regarding conference attendance, if any.

 

 

 

15.

CITY MANAGER REPORTS:

 

16.

CLOSED SESSION MATTERS:

 

A.

City Attorney Reports:

 

B.

Set February 25, 2014 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 - 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 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.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Attorney

 

17.

ADJOURNMENT:

 

A.

In Memory of Emiliana T. Brasil (cousin to City employee, Jose Armas, City Clerk's Office) to Tuesday evening, February 25, 2014 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.