MINUTES OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA
FOR MEETING HELD ON TUESDAY EVENING, AUGUST 17, 2010

 

 

     The City Council of the City of Santa Clara met at 6:00 pm, on the above-mentioned date, for a Closed Session in the Council Conference Room for a Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 regarding Property: APN 104-43-051; APN 104-43-052; APN 104-43-030; APN: 104-42-014 and APN 104-42-019; Negotiating Party(ies): Cedar Fair and the San Francisco 49ers; City Negotiator: Jennifer Sparacino, City Manager (or her designee); Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment) and for a Conference with Agency Labor Negotiator pursuant to Government Code Section 54957.6; City Negotiator: Jennifer Sparacino, City Manager (or her 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 and 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 Employees; Unit #9B - Unclassified Fire Management Employees; and Unit #10 - Public Safety Non-Sworn Employees Association, PSNSEA. The Closed Session agendized for a Conference with Legal Counsel (Anticipated Litigation) pursuant to Government Code Section 54956.9(b)(1) Facts and Circumstances: Government Code Section 54956.9(b)(3)(A) City as potential defendant: 7 (number of cases or potential cases to be discussed) was not held.

 

     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 the reading of an Invocation Prayer.

 

    Present: Council Members Dominic J. Caserta, Will Kennedy, Joe Kornder, Jamie L. Matthews, Jamie McLeod and Kevin Moore and Mayor Patricia M. Mahan.

 

     Staff present:  City Manager, Assistant City Manager, Director of Planning and Inspection, Principal Engineer – Gustavo Gomez, Assistant City Attorney – Alexander Abbe and City Clerk/Auditor.

 

 

 

     MOTION was made by McLeod, seconded and carried, with Caserta abstaining on the minutes of June 29, 2010, July 6, 2010 and July 13, 2010 and Kennedy abstaining on the minutes of June 29, 2010 and July 6, 2010 (not present at the meetings), that the Minutes for the meetings held on June 29, 2010, July 6, 2010 and July 13, 2010 be adopted as written.

 

 

 

     As an exception to the agenda, MOTION was made by McLeod, seconded and unanimously carried, that the Council continue the recognition of students who recently participated in an exchange program with Sister City Izumo, Japan and students who attended the Sister Cities International Youth Conference held in Albuquerque, New Mexico (Public Communications Manager – 08/10/10) and consideration of the Fire Chief’s memo (07/30/10) recommending approval of a Memorandum of Understanding and related documents with the Santa Clara Unified School District (SCUSD), in the amount of $2,500, for implementation and administration of the Automatic External Defibrillators (AED) Project.

 

 

 

     As a Special Order of Business, the City Manager reviewed the Public Communication Manager’s memo (08/11/10) regarding the United States Census Bureau’s presentation of a Certificate of Appreciation to the City and then introduced Santa Clara Census Office Manager Bob Davila and Partnership Specialist Doris Tse from the United States Census Bureau (provided handout), who in turn presented a framed Certificate of Appreciation to the Council, on behalf of the City, for its outstanding efforts in achieving high participation rates from the community. The City Manager noted that Santa Clara finished with a 73% mail participation rate this year; two percentage points better than the State of California rate and 1 percent above the national average. Photographs were taken.

 

 

 

     Also as a Special Order of Business, the City Manager reviewed the Senior Staff Aide’s memo (08/11/10) regarding the  City’s “Idea of the Month” Employee Suggestion Award and Certificate of Recognition program and introduced Sean Masterson, a part-time Engineering Intern in the Water and Sewer Utilities department, who researched and submitted a suggestion to use the alternate site as the Santa Clara Valley Water District (SCVWD) Turnout to construct a Mini-Hydroelectric Generator instead of the original site proposed at Hetch Hetchy Turnout site on Great America Parkway. The Mayor presented Mr. Masterson with a Certificate of Recognition and photographs were taken.

 

 

 

 

 

     As an item of Unfinished Business, the Council proceeded to consider this evening’s actions related to the proposed San Francisco 49ers stadium, including adoption of Ordinance No. 1861, which amends City Code Chapter 18.54 (Regulations for PD - Planned Development and Combined Zoning Districts) of Title 18 (Zoning Ordinance) to provide more flexibility in landscaping, building lot coverage, circulation and on-site parking requirements; adoption of Ordinance No. 1862, which adds a new Chapter 18.86 (Off-Site Parking Provisions) to Title 18 (Zoning) of the City Code to provide a mechanism to facilitate the provision of required on-site parking in off-site parking lots; and an Informational Memo regarding Off-site Parking Permit Application Fee. MOTION was made by Caserta, seconded and unanimously carried, that, per the Interim City Attorney’s memo  (08/12/10), the Council adopt Ordinance No. 1861 entitled, ‘AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA, AMENDING CHAPTER 18.54 (ENTITLED REGULATIONS FOR PD – PLANNED DEVELOPMENT AND COMBINED ZONING DISTRICTS) OF ‘THE CODE OF THE CITY OF SANTA CLARA, CALIFORNIA’” which amends Chapter 18.54 (Regulations for PD - Planned Development and Combined Zoning Districts) of Title 18 (Zoning Ordinance) of the City Code to provide more flexibility in landscaping, building lot coverage, circulation and on-site parking requirements. MOTION was then made by Caserta, seconded and unanimously carried, that, per the Interim City Attorney’s memo (08/12/10), the Council adopt Ordinance No. 1862 entitled "AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA, AMENDING TITLE 18 (ENTITLED ‘ZONING’) OF ‘THE CODE OF THE CITY OF SANTA CLARA, CALIFORNIA’ BY ADDING A NEW CHAPTER 18.86 (ENTITLED ‘OFF-SITE PARKING PROVISIONS’)” which adds a new Chapter 18.86 (Off-Site Parking Provisions) to Title 18 (Zoning) of the City Code to provide a mechanism to facilitate the provision of required on-site parking in off-site parking lots MOTION was then made by Caserta, seconded and unanimously carried the Council note and file the Informational Memo entitled, “Off-Site Parking Permit Application Fee” (Director of Planning and Inspection – 08/10/10).

 

 

 

     PUBLIC HEARING: The Mayor declared the public hearing open for consideration of the adoption of a Resolution approving a Vesting Tentative Subdivision Map for PR II Kiely Boulevard LLC to subdivide the 27.59 acre project site at 900 Kiely Boulevard, The Gallery at Central Park Project, and to set August 31, 2010 to determine whether to accept Parcel G of the Tentative Map as an easement or in fee title (PLN2008-06920). The City Manager reviewed the Director of Planning and Inspection’s memo (08/11/10). Ed McCoy, Fairfied Residential, LLC, addressed the Council and provided an update on the project, including the insurance claims that had been received to date for damaged homes during the demolition process. Council questions were answered by Mr. McCoy, the Assistant City Attorney and the City Manager.  Oscar Bazzurto addressed the Council with general comments. The following people addressed the Council with comments of concern: Mrs. Van Desouw, Van Langston, property owner on Marietta Drive (name unknown) and Kevin Park. Further Council questions were answered by the Assistant City Attorney and the City Manager. Further Council questions were answered by Mr. McCoy.  A Council discussion followed.  Mr. McCoy consented to the continuance of the public hearing.  MOTION was made by McLeod, seconded and unanimously carried that the Council continue the public hearing to the Council meeting of August 31, 2010 for consideration of the adoption of a Resolution approving a Vesting Tentative Subdivision Map for PR II Kiely Boulevard LLC to subdivide the 27.59 acre project site at 900 Kiely Boulevard, The Gallery at Central Park Project, and set August 31, 2010 to determine whether to accept Parcel G of the Tentative Map as an easement or in fee title (PLN2008-06920).

 

 

     The Council proceeded to consider the approval of the City's draft response to the 2009-10 Santa Clara County Civil Grand Jury's final report, (Cities Must Rein-in Unsustainable Employee Costs), for submittal to the Presiding Judge of the Superior Court.  The City Manager reviewed the Director of Human Resources’ memo (08/10/10) regarding the Grand Jury’s report concerning employee costs in the County’s 15 cities and recommended solutions to control costs so that cities can achieve fiscal and organizational stability and eliminate budget deficits.  The Grand Jury reported 13 findings in the report, 11 of which are relevant to the City of Santa Clara .  The City Manager reviewed her memo (08/17/10) regarding four clarifications to the report for inclusion in the City’s response to the report.  A Council discussion followed.  The City Manager answered Council questions.  MOTION was made by Caserta, seconded and unanimously carried, that the Council approve the City's draft response to the 2009-10 Santa Clara County Civil Grand Jury's final report, (Cities Must Rein-in Unsustainable Employee Costs) with the addition of the four clarifications to the report provided by the City Manager and authorize the transmittal of the response to the Presiding Judge of the Superior Court.

 

 

     MOTION was made by Caserta, seconded and unanimously carried, that, per the Director of Human Resources’ memo (08/09/10), the Council adopt the 2010 Employer Negotiation Principles for distribution to the employee organizations.

 

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the City Manager's memo (08/02/10), the Council note and file the Departmental Activity Report for the month of June 2010.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Finance’s memo (08/10/10), the Council accept the Santa Clara Convention Center and Convention/Visitor's Bureau (SCCC-CVB) Activity Report for Fiscal Year 2009-10 Fourth Quarter Year-to-Date and End of Fiscal Year 2009-10 as submitted by the Santa Clara Chamber of Commerce and Convention/Visitor's Bureau.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Water & Sewer Utilities’ memo (08/09/10), the Council approve the use of City Water forces for installation of services at 1010 Duane Avenue.

 

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (08/09/10), the Council approve the use of City Electric forces for the installation of facilities at 2250 Martin Avenue, 3375 Stevens Creek Boulevard, 2337 Gianera Street, 1025-1035 Walsh Avenue, 2424 Walsh Avenue and 1270 Campbell Avenue.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Senior Staff Aide’s memo (07/20/10), the Council approve (retroactive) and authorize the publication of the September 2010 Mission City SCENES.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Senior Staff Aide's memo (07/30/10), the Council approve and authorize the publication of the October 2010 Mission City SCENES.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Parks and Recreation’s memo (08/04/10), the Council adopt Resolution No. 10-7762 entitled, "A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, DECLARING A TEMPORARY RESTRICTION AND CONTROL OF ANIMALS AT THE SANTA CLARA ART AND WINE FESTIVAL ON SEPTEMBER 18 & 19, 2010" which declares a temporary restriction and control of animals at the Santa Clara Art and Wine Festival on September 18 & 19, 2010.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Parks and Recreation’s memo (08/09/10), the Council accept the donation from The Community Foundation of Santa Cruz County, in the amount of $1,000, to help support the Senior Center Fitness Program and $1,000 to help support the Senior Center Nutrition Program and authorize the transmittal of a letter of appreciation signed by the Mayor and City Manager.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Parks and Recreation’s memo (08/09/10), the Council accept a donation from Shirley Saddoris, in the amount of $100, to help support the Senior Center Health and Wellness Program and authorize the transmittal of a letter of appreciation signed by the Mayor and City Manager.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Parks and Recreation’s memo (08/09/10), the Council accept a donation from the Wilcox Dads Grads & Moms Booster Club, in the amount of $2,000, to help support the 2009 and 2010 Wade Brummal Foundation and authorize the transmittal of a letter of appreciation signed by the Mayor and City Manager.

 

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (07/27/10), the Council accept the work performed by Underground Construction Company, Inc. for the Electrical Substructures Master Construction for the Electric Distribution System, Contract 2005C, and authorize the recordation of a Notice of Completion with the County Recorder.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (08/10/10), the Council accept the work performed by Pfeiffer Electric Company, Inc. for the Silicon Valley Power Fiber Central Office electrical capacity upgrade required for the Heating/Ventilating/Air Conditioning (HVAC) and Uninterruptable Power Supply (UPS), Contract 2113, and authorize the recordation of a Notice of Completion with the County Recorder.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (07/28/10), the Council accept the work performed by Rosendin Electric, Inc. for the Palm Substation Construction Project, Contract 2375A, and authorize the recordation of a Notice of Completion with the County Recorder.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Street and Automotive Services’ memo (07/16/10), the Council adopt Resolution No. 10-7763 entitled "A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, GIVING NOTICE OF THE INTENTION OF THE CITY OF SANTA CLARA TO GRANT TWO NON-EXCLUSIVE FRANCHISES FOR THE HAULING OF INDUSTRIAL REFUSE AND RECYCLABLE MATERIAL IN THE CITY OF SANTA CLARA PURSUANT TO THE PROVISIONS OF CHAPTER 8.25 (‘ACCUMULATION, TRANSPORTATION AND DISPOSAL OF WASTE MATTER’) OF ‘THE CODE OF THE CITY OF SANTA CLARA, CALIFORNIA’”,  which gives notice of the intention to grant two (2) non-exclusive franchises for the hauling of industrial refuse and recyclable material pursuant to provisions of City Code Chapter 8.25 (Accumulation, Transportation and Disposal of Waste Matter); set September 21, 2010 as the hauling franchise hearing date for consideration of the applications submitted by Environmental Recovery Services, Inc. and Ferma Corporation; and authorize the publication of the Notice of Public Hearing.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the City Clerk/Auditor's memo (08/11/10), the Council reschedule to September 21, 2010 at 6:00 pm the interviews to fill one vacancy on the Cultural Advisory Commission for the partial term ending June 30, 2012 and one vacancy on the International Exchange Commission for the partial term ending June 30, 2011 and set Wednesday, September 15, 2010 at 5:00 pm as the deadline for the receipt of applications.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Housing & Community Services Division Manager's memo (08/03/10), the Council authorize the publication of the Notice of Availability of the Consolidated Annual Performance and Evaluation Report (CAPER) for the City's Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) programs for the period of July 1, 2009 to June 30, 2010.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (07/12/10), the Council approve, and authorize the City Manager to execute, Amendment No. 1 to the Agreement for Services with Johnson Controls, in the amount of $50,000, for a total amount not to exceed $100,000, to provide annual maintenance and inspection of chillers at the Donald Von Raesfeld (DVR) Power Plant.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the City Librarian’s memo (08/11/10), the Council approve, and authorize the City Manager to execute, a Hardware and Software Maintenance Agreement with Innovative Interfaces, Inc., in the amount of $63,964 for the 2010-11 budget year and an annual amount not to exceed $65,000, subject to budget appropriations, for maintenance of licensed software and hardware at the Central Park Library.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (07/12/10), the Council approve, and authorize the City Manager to execute, an Agreement for the Performance of Services with Enviro Safetech, Inc., in an amount not to exceed $100,000, to provide environmental, health and safety compliance training and program services.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (07/13/10), the Council approve, and authorize the City Manager to execute, Amendment No. 1 to the Agreement for the Performance of Services with ACCO Engineered Systems, in the amount of $50,000 for a total contract amount not to exceed $100,000, to provide maintenance and repair to the air conditioning system at the Donald Von Raesfeld (DVR) Power Plant.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (08/03/10), the Council approve, and authorize the City Manager to execute, a Consent to Assignment Agreement with Oracle America, Inc. (formerly known as Sun Microsystems, Inc.) for an Electric Service Agreement and a Special Facilities Agreement.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (07/27/10), the Council approve, and authorize the City Manager to execute, Amendment No. 1 to Call No. 09-1 for Professional Services with Willdan Energy Solutions (dba Intergy Corporation), to extend the Retrocommissioning Third Party Energy Efficiency Program through September 30, 2011 at no additional cost.

 


 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (08/03/10), the Council approve, and authorize the City Manager to execute, an Electric Service Agreement with The Newark Group, Inc. (dba California Paperboard), for the sale of electricity at a discounted rate in exchange for a long term commitment to purchase electrical energy from Silicon Valley Power (SVP) beyond the year 2010.

 

 

 

 

 

 

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (08/02/10), the Council approve, and authorize the City Manager to execute, Amendment No. 1 to Call No. 10-1 for Professional Services with Tetra Tech EM Inc., in an amount of $11,097, for a total amount not to exceed $35,199, for verification of California Climate Action Registry and California Air Resources Board (CARB) Greenhouse Data.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (08/10/10), the Council approve, and authorize the City Manager to execute, the First Amendment to the Agreement for Construction, Operation and Financing of Combustion Turbine Project Number One (CT1) with the Northern California Power Agency (NCPA) and approve a Quitclaim Deed for two Roseville CT1 units to Roseville.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (08/06/10), the Council approve, and authorize the City Manager to execute, Call No. 10-3 for Professional Services with Linkpath Communications, Inc., in the amount of $75,000, for metro wireless consulting and technical support services.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (07/28/10), the Council approve, and authorize the City Manager to execute, Call No. 10-2 for Professional Services with Milton Security Group, LLC, in an amount not to exceed $53,900, for subscriber management and WiFi management for the electric department marketing division.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Parks and Recreation’s memo (08/09/10), the Council approve, and authorize the City Manager to execute, Amendment No. 2 to the Agreement with the Santa Clara Swim Club, Inc., for the use of the George F. Haines International Swim Center.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (08/03/10), the Council approve, and authorize the City Manager to execute, an Electric Service Agreement with Siren Data Holdings, LLC for the sale of electricity at a discounted rate in exchange for a long term commitment to purchase electrical energy from Silicon Valley Power (SVP) beyond the year 2010.

 

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Acting Director of Street and Automotive Services’ memo (07/19/10), the Council approve, and authorize the City Manager to execute, an Agreement for Local Agency Participation in Grant-Funded Bay Area-wide Trash Capture Demonstration Project with Association of Bay Area Governments (ABAG) to participate in Grant-funded Bay Area-wide Trash Capture Demonstration Project and authorize the City Manager to execute related documents to gain access to Project Finance Agreement (PFA) funds to purchase and install trash capture devices (TCD's).

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (08/04/10), the Council approve, and authorize the City Manager to execute, a Power Purchase and Sale Agreement with Ameresco Vasco Road, LLC, in substantially the form presented, subject to final approval by the City Attorney's Office, to purchase green electrical power, per agreed upon price and terms, from their landfill gas conversion facility to be installed at the Vasco Road Landfill.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Information Technology’s memo (07/30/10), the Council approve, and authorize the City Manager to execute, an Enterprise License Agreement (ELA) with Environmental Systems Research Institute, Inc. (ESRI), in an amount not to exceed $255,000 over the three year term of the agreement, for Geographic Information System (GIS) software and support services.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Street and Automotive Services’ memo (07/20/10), the Council approve, and authorize the City Manager to execute, an Agreement for the Performance of Services with Fermin Sierra Construction, Inc., in an amount not to exceed $70,200, to perform repairs to storm drain outfall pipes that penetrate the Guadalupe River Levee.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Housing & Community Services Division Manager's memo (08/03/10), the Council approve, and authorize the City Manager to execute, a HOME Capital Loan Agreement and related documents with Habitat for Humanity Silicon Valley to provide $1,046,250 from the Home Investment Partnerships Act (HOME) program for acquisition and development of six single-family homes at 3575 De La Cruz Boulevard.

 

 

 


 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Housing & Community Services Division Manager's memo (08/03/10), the Council approve, and authorize the City Manager to execute, the Community Housing Development Organization Predevelopment Loan Agreement and related documents with Charities Housing Development Corporation of Santa Clara County to provide $137,791 from the Home Investment Partnerships Act (HOME) program for acquisition and rehabilitation of a 25-50 housing unit apartment complex to be located within the City for affordable housing.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, per the Director of Parks and Recreation’s memo (06/14/10), the Council approve, and authorize the City Manager to execute, Public Works Contract Change Order No. 3 with Kel-Tec Builders, Inc., in the amount of $18,616.15, for additional removal and replacement of existing sidewalks to eliminate tripping hazards and to create an entry planter, addition of one jaw on electrical meter main and gate hinge substitution for the Bracher Park Restroom Project (PK 09-10-01).

 

 

     MOTION was made by Moore, seconded and unanimously carried, that the Council note and file the Minutes of the Board of Library Trustees for the meeting of June 7, 2010.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that, the Council note and file the Minutes of the Parks and Recreation Commission for the meeting of June 15, 2010.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that the Council note and file the Minutes of the Senior Advisory Commission for the meeting of May 24, 2010.

 

 

     MOTION was made by Moore, seconded and unanimously carried, that the Council note and file the Minutes of the Senior Advisory Commission for the meeting of June 28, 2010.

 

 

     PUBLIC HEARING:  The Mayor declared the hearing open for consideration of actions for the Santa Clara de Asis Project located at 1601 Agnew Road, including 1) adoption of a Resolution certifying the Final Supplemental Environmental Impact Report (FSEIR) and adoption of the Mitigation Monitoring and Reporting Program (MMRP) and Statement of Overriding Considerations; 2) adoption of a Resolution adopting Overriding Findings regarding Santa Clara County Airport Land Use Commission (ALUC) Determination of Inconsistency; 3) adoption of a Resolution approving an Amendment to the Master Community Plan (MCP) for Rivermark Development by changing Planning Area No. 25 from Utilities to Medium Density (14‑25 du/acre), subject to conditions; 4) adoption of a Resolution approving the Development Area Plan, subject to conditions; and 5) adoption of a Resolution approving the Vesting Tentative Subdivision Map to allow 48 attached single-family townhouse condominium units, subject to conditions (PLN2009-07840/07866/07868/CEQ2009-01091). The Director of Planning and Inspection  stated that this evening’s public hearing was continued from the July 13, 2010 Council meeting and noted that excerpts of the Minutes of the Planning Commission for the meetings of June 9, 2010 and June 23, 2010 were included as attachments to the agenda memo. He then reviewed his memo (08/10/10) and gave an electronic presentation, which outlined adjacent development (Mission Terrace, Mission Gardens and Mission Place); a project summary (as modified per the Planning Commission’s recommendation); and the site plan and building and unit plans, including parking issues related to the project. A Council discussion followed and the Director of Planning and Inspection, the City Manager and the Assistant City Attorney answered Council questions.  Applicant Michael Sullivan, Citation Homes/SCS Development Company, gave an electronic presentation regarding the project and answered Council questions. The following people addressed the Council in opposition to the project:  Reshma Tawade, Kevin Tang, Charlene Yee, Valeri Makam, Rishi Mattew, Bryan Culp, Rishi Yadav, Bo Hu, Toan Vu, Saurabh Bhasin, Prasuant Murtny, Brendan Higgins, Crishna Behara, Mona Ramamurthy, Vic Sharma, Merly Corle, Mr. Avula, Ganesan Chittharanjan, Hariharaw Thantry, Mr. Patel,  Sherry He, Ahcule Banji and Anil Baneuje.  Mr. Sullivan and developer Steve Schott, Citation Homes, addressed issues raised during public comment and answered further Council questions. With no further public input, MOTION was made by Caserta, seconded and unanimously carried with Matthews absent (temporarily stepped off the dais), that the public hearing be closed.  A Council discussion followed and the Director of Planning and Inspection and the City Manager answered further Council questions.  MOTION was then made by Matthews, seconded and unanimously carried, that the Council continue to the November 9, 2010 Council meeting the consideration of actions for the Santa Clara de Asis Project located at 1601 Agnew Road, including 1) adoption of a Resolution certifying the Final Supplemental Environmental Impact Report (FSEIR) and adoption of the Mitigation Monitoring and Reporting Program (MMRP) and Statement of Overriding Considerations; 2) adoption of a Resolution adopting Overriding Findings regarding Santa Clara County Airport Land Use Commission (ALUC) Determination of Inconsistency; 3) adoption of a Resolution approving an Amendment to the Master Community Plan (MCP) for Rivermark Development by changing Planning Area No. 25 from Utilities to Medium Density (14 25 du/acre), subject to conditions; 4) adoption of a Resolution approving the Development Area Plan, subject to conditions; and 5) adoption of a Resolution approving the Vesting Tentative Subdivision Map to allow 48 attached single-family townhouse condominium units, subject to conditions (PLN 2009-07840/07866/07868/CEQ2009-01091).

 

 

     MOTION was made by Caserta, seconded and unanimously carried, that the Council note and file the Minutes of the Civil Service Commission for the meeting of July 12, 2010 and per the recommendation of the Commission, the Council approve the modification of the job specification for Senior Electric Utility Engineer.

 

 

     Under Public Presentations, Chris Kolterman (provided handout) addressed the Council with comments of concern regarding the safety of playground equipment at City parks.

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried, that, per the Chief of Police’s memo (08/03/10), the Council accept the donation of K-9 body armor (bullet proof vest) from Pet Food Express and Western States Police Canine Association; accept a donation from Dr. Pamela Sanders, DVM, in the amount of $1,800, to purchase additional K-9 body armor; approve estimated revenue of $1,800 in Patrol-Special Operations Revenue from donations (account 067-7724-59650-(G)00490); approve appropriations of $1,800 in Patrol-Special Operations Operating Supplies (account 067-7724-87500-(G)00490); and authorize the transmittal of letters of appreciation to Pet Food Express, Western States Police Canine Association and Dr. Pamela Sanders, DVM.

 


 

     MOTION was made by Caserta, seconded and unanimously carried, that, per the City Librarian’s memo (08/11/10), the Council accept estimated revenue of $720 from the Pacific Library from the Pacific Library Partnership in Peninsula Library Partnership Easy-Aid Grant (account 112-1241-55580-(G)PLP11) for Santa Clara City Library job skills classes and approve appropriation of $720 in grant funds to Library, Advertising and Community Promotion (account 112-1241-8710-(G)PLP11).

 


 

     MOTION was made by Caserta, seconded and unanimously carried, that the Council approve the Bills and Claims and Progress Payments.

 

 

 

 

 

                Mayor Mahan made comments regarding attendance at the Sister Cities International Conference held July 28-31, 2010 in Albuquerque, New Mexico.

 

 

 

     Council Member McLeod stated that six Santa Clara businesses will be recognized at a Green Business recognition event to be held September 28, 2010 at Santa Clara County’s Isaac Newton Senter Auditorium.

 

 

 

     The Assistant City Attorney reported that the Council held earlier in the evening at 6:00 pm a Closed Session in the Council Conference Room for a Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 regarding Property: APN 104-43-051, APN 104-43-052, APN 104-43-030, APN 104-42-014 and APN 104-42-019; Negotiating Party(ies): Cedar Fair and the San Francisco 49ers; City Negotiator: Jennifer Sparacino, City Manager (or her designee); Under Negotiation:  Purchase/Sale/ Exchange/Lease of Real Property (provisions, price and terms of payment) and that there was no reportable action and for a Conference with Agency Labor Negotiator pursuant to Government Code Section 54957.6; City Negotiator: Jennifer Sparacino, City Manager (or her 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 and 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 Employees; Unit #9B - Unclassified Fire Management Employees; and Unit #10 - Public Safety Non-Sworn Employees Association, PSNSEA and that there was no reportable action and stated that the Closed Session agendized for a Conference with Legal Counsel (Anticipated Litigation) pursuant to Government Code Section 54956.9(b)(1) Facts and Circumstances: Government Code Section 94956.9(b)(3)(A) City as potential defendant: 7 (number of cases or potential cases to be discussed) was not held.

 

 

 

 

 

 

 

 

 

 


 

     MOTION was made by McLeod, seconded and unanimously carried, that per the Interim City Attorney’s memo (08/10/10), the Council set Tuesday, August 31, 2010 at 5:00 pm for a Closed Session in the Council Conference Room for a Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 regarding Property: APN 104-43-051, APN 104-43-052, APN 104-43-030, APN 104-42-014 and APN 104-42-019; Negotiating Party(ies): Cedar Fair and the San Francisco 49ers; City Negotiator: Jennifer Sparacino, City Manager (or her designee); Under Negotiation: Purchase/ Sale/ Exchange/Lease of Real Property (provisions, price and terms of payment).

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried, that there being no further business, the meeting was adjourned at 10:59 pm in Memory of Marie Melluish (long-time Santa Clara resident and active member in the Santa Clara Women's Club and volunteer at the Senior Center), Edna Hames (mother to Betty Hall, retired City employee and grandmother to Scott Pence, Fire Captain), Beatrice Lichtenstein (long-time Santa Clara resident and former Historical and Landmarks Commissioner and founding member of the Santa Clara Arts and Historical Consortium and the Santa Clara Historic Preservation Society), Herman Dunn (active in many Santa Clara community charitable organizations), and Dr. Beverly Ann Rossi (wife to Rich Rossi, former Police Activities League (PAL) Board Member/Director and Santa Clara business owner) to Tuesday evening, August 31, 2010 at 5:00 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