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

 

August 30, 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)

 

1.

5:00 PM STUDY SESSION:

 

A.

Confirmation of Quorum.

CC

 

2.

ANNOUNCMENT OF STUDY SESSION:

 

A.

Tasman East Specific Plan Area Update.

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

 

·         ACTION:

No Reportable Action

 

 

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

 

·         ACTION:

No Reportable Action

 

 

C.

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

 

·         ACTION:

No Reportable Action

 

 

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, O’Neill and Watanabe and Mayor/Chairperson Gillmor.  Absent: Member Marsalli.

 

 

10.

CONTINUANCE/EXCEPTIONS:

 

11.

SPECIAL ORDER OF BUSINESS:

 

A.

Presentation from Yes on Measure A  - Affordable Housing Bond.

CC

 

B.

Update regarding the Santa Clara Votes Program for the November 2016 Election.

CC

 

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 Monthly Financial Status Reports for June 2016.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

2.

Approval of the use of City Electric forces for the installation of facilities at 1500 Coleman Avenue.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Electric

 

3.

Acceptance of the Triton Museum of Art letter dated July 1, 2016 regarding semi-annual acquisitions to the City for the reporting period January 1, 2016 through June 30, 2016.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

City Manager

 

4.

Note and file the Department Activity Report for the month of July 2016.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

5.

Approval of the second request for extension of Leave of Absence for Eddie Estavillo Firefighter II through December 31, 2016.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Human Resources

 

6.

Note and file the Santa Clara Convention Center and Convention-Visitor's Bureau Activity Report for Fiscal Year 2015-2016 fourth quarter, year-to-date, and end of Fiscal Year 2015-2016, as submitted by the Santa Clara Chamber of Commerce and Convention-Visitor's Bureau.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

7.

Set the following City Council meeting dates to hold publicly noticed monthly informational joint dinner meetings with City Council, Board Members, Committee Members, and Commissioners at 5:00 p.m., before the regular City Council meetings:
September 27, 2016            Tentative Additional Dates

October 11, 2016                              May 9, 2017 

November 15, 2016                         May 16, 2017       

December 6, 2016

January 10, 2017                
February 7, 2017

March 21, 2017 

April 4, 2017

April 18, 2017

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Executive Assistant to the Mayor and City Council

 

8.

Approval of appointments and changes to the City Council Committee List.

CC

 

·         ACTION:

Approved appointments with the following change: Member Kolstad as a member of the San Jose/Santa Clara Clean Water Financing Authority.

 

 

·         ASSIGNMENT:

Executive Assistant to the Mayor and City Council

 

9.

Authorization to issue payment to the Triton Museum of Art in the amount of $307 for the interest income earned from the Warburton Native American Heritage Trust Fund during Fiscal Year 2015-2016.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

City Manager

 

 

B.

Agreements

 

 

1.

Approval of the restated Joint Powers Agreement with the Silicon Valley Regional Interoperability Authority to accommodate Santa Clara Valley Transportation Authority (VTA) as an additional member.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Chief of Police

 

2.

Approval of Amendment No. 3 to the Legal Services Agreement with Burke, Williams & Sorensen LLP, increasing the amount by $1,000,000, for a total not to exceed amount of $2,150,000, for continuing legal representation related to development of CityPlace, as well as representation of the City in City of San Jose v. City of Santa Clara, Santa Clara Superior Court Case No. 16-CV-298317.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

City Attorney

 

3.

Approval of Amendment No. 1 to Call No. 16-1 with Paragon Partners Ltd. in an amount not to exceed $52,670.40, for a total not to exceed amount of $210,681.60, to provide fiber engineering service support for the Silicon Valley Power Fiber Enterprise.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Electric

 

4.

Approval of Amendment No. 1 to the Agreement for Performance of Services with Ice Rentals, LLC dba Special Ice to provide an Ice Rink for the 2016 Winter Recreation Season, for an additional $103,000 for a revised not to exceed total contract amount of $233,000.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Parks & Recreation

 

5.

Approval of an Agreement for Performance of Services with Maggiora Bros. Drilling, Inc. in the amount not to exceed $90,000 for Well 6 Abandonment (WA 30371).

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Water and Sewer

 

6.

Approval of a Municipal Master Lease Agreement dated July 6, 2016 with Yamaha Motor Corporation for eighty (80) YDRE and three (3) YT2A golf carts to be used at the Santa Clara Golf and Tennis Club, in an amount not to exceed $63,747.12 for the first year of the Agreement with a total not to exceed amount of $127,494.24 over the two year term of the agreement beginning October 1, 2016.

SOSA

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Parks & Recreation

 

7.

Approval of the Fifth and Sixth Amendments (retroactively) to the Senior Nutrition Program's Catering Agreement with Compass Group USA, Inc. in an additional not to exceed amount of $101,886.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Parks & Recreation

 

8.

Approval of an Agreement for Performance of Services with Stearns, Conrad and Schmidt Consulting Engineers, Inc. DBA SCS Field Services for landfill gas collection system repair and maintenance services, for an amount not to exceed $200,000 over the three-year term, subject to budget appropriations; and approval of an Agreement for Performance of Services with Real Environmental Products, LLC for landfill gas collection emergency call-out services for an amount not to exceed $300,000 over the three-year term, subject to budget appropriations.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Public Works

 

9.

Approval of a Ground Lease agreement for Wind Park Facility and a Power Purchase and Sale Agreement for Wind Energy with Rooney Ranch LLC, in substantially the form presented, subject to final review and approval by the City Attorney's Office, for the wind site located on the City's Altamont Property; and delegate authority to the City Manager to complete negotiations and execute Power Purchase and Sale Agreements for Wind Energy with Sand Hill A, LLC and Sand Hill B, LLC, subject to final review and approval by the City Attorney's Office, to purchase the electrical power.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Electric

 

10.

Approval of Amendment No. 2 to the Agreement for Performance of Services with Flagship Facility Services, Inc. for janitorial services to City facilities for an increase of $42,854.51 per year, not to exceed $1,300,069.74 for two (2) remaining years of the six-year Agreement, resulting in a total not to exceed Agreement amount of $3,498,327.19 ending Fiscal Year 2017-2018, subject to budget appropriations.

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.

Planning Commission - June 8, 2016.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

2.

Neighborhood Enhancement Committee - June 30, 2016.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

3.

Northside Community - June 29, 2016.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

4.

Neighborhood Conservation Improvement Program Loan Committee - April 7, 2016.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

5.

Senior Advisory Commission - April 25, 2016.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

6.

Senior Advisory Commission - May 23, 2016.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

7.

Planning Commission - July 13, 2016.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

8.

Historical and Landmarks Commission - June 2, 2016.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

9.

Planning Commission - June 22, 2016.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

10.

Planning Commission - July 27, 2016.

CC

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

 

F.

Routine Written Petitions for Approval

 

 

1.

Holly Prinz, ABC Tree Farms, LLC - 3590 Benton Street: Request for a Special Permit to allow seasonal Pumpkin Patch (September 23, 2016 - October 31, 2016) and Christmas tree (November 23, 2016 - December 24, 2016) sales events.  Staff recommendation: Approval, subject to conditions (PLN2016-12092).

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Community Development

 

2.

Holly Prinz, ABC Tree Farms, LLC - 2380 Monroe Street: Request for a Special Permit to allow seasonal Pumpkin Patch (September 23, 2016 - October 31, 2016) and Christmas tree (November 23, 2016 - December 24, 2016) sales events.  Staff recommendation: Approval, subject to conditions (PLN2016-12095).

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Community Development

 

 

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.

Options to fill a vacancy on the Board of Library Trustees:
1. Appointment of an applicant from the previously submitted applications for the partial term ending June 30, 2017; or
2. Set October 11, 2016 at 5:00 pm as the deadline for the receipt of applications, with interviews to be held on October 25, 2016 at 6:00 pm in the reception lobby area.

CC

 

·         ACTION:

Approved Option #2.

 

 

·         ASSIGNMENT:

City Clerk

 

 

B.

Reconsideration of item 15.A from the meeting of August 23, 2016 [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)].

CC

 

·         ACTION:

To be considered on September 20, 2016.

 

 

·         ASSIGNMENT:

Dir. Community Development

 

 

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.

3209, 3215 and 3229 Stevens Creek Boulevard:
Adoption of the Mitigated Negative Declaration (MND) and the Mitigation Monitoring and Reporting Program (MMRP); adoption of a Resolution approving the Rezone from A (Agricultural) to CT (Thoroughfare Commercial) for a 0.28 acre portion of a 1.57 acre project site; adoption of a Resolution approving Tentative Parcel Map to merge five parcels into one parcel; and recommend the Zoning Administrator to approve minor modifications to allow, if requested, the proposed maximum forty-foot, two-inch building height, and seven-foot, six-inch yard building setback along Cecil Avenue, subject to conditions (PLN2016-11867, PLN2016-11888).

CC

 

·         ACTION:

Adopted Resolution No. 16-8361, Resolution No. 16-8362 and Resolution No. 16-8363.

 

 

·         ASSIGNMENT:

Dir. Community Development

 

 

B.

1890 El Camino Real, et al:
Adoption of a Resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the 1890 El Camino Real Mixed Use Project; adoption of a Resolution approving the Rezone from Thoroughfare Commercial (CT) to Planned Development (PD) to allow the development of a four-story, mixed use development with 6,595 square feet of commercial floor area and 58 for-sale condominiums; and adoption of a Resolution approving Tentative Subdivision Map for the project site, subject to conditions (APNs: 269-01-081 and 269-01-082)  (PLN2015-11361, PLN2015-11362, CEQ2016-01011).

CC

 

·         ACTION:

Continued the item and referred to the City Manager for redesign; by consensus the items to be considered: heights, massing use and other factors for consideration to be brought back at a future Council meeting.

 

 

·         ASSIGNMENT:

City Manager

Dir. Community Development

 

 

16.

REPORTS FOR ACTION:

 

17.

STADIUM AUTHORITY ITEMS:

 

A.

Update from Harvey M. Rose Associates, LCC regarding Audit of Stadium Authority Finances.

CC SA

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

City Clerk

 

 

 

Stadium Authority Secretary

 

 

B.

Stadium and Noise Ordinance Compliance.

CC SA

 

·         ACTION:

Approved sending a letter to the 49ers related to the Noise Ordinance; the City Manager noted that staff is looking at establishing a webpage for noise complaints and asked for latitude for staff to provide verbal reports back to Council related to noise complaints; Council referred to the City Manager to establish a noise monitoring system for the training facility and Levi's Stadium and report back on September 20, 2016 or September 27, 2016.

 

 

·         ASSIGNMENT:

City Manager

 

 

 

Executive Director

 

 

C.

Follow-up on Stadium Builders Licenses.

SA

 

·         ACTION:

Noted and Filed

 

 

·         ASSIGNMENT:

Stadium Authority Secretary

 

 

18.

BIDS AND PROPOSALS:

 

A.

Approval of a minor Amendment to the City's 2015-2016 Action Plan for the use of Community Development Block Grant (CDBG) funds by appropriating and transferring $60,000 from the El Camino Economic Development to the project entitled "Removal of Barriers to the Physically Challenged"; award the Public Works Contract for the Removal of Barriers to the Physically Challenged Fiscal Year 2016-2017 (CE16-17-01) to the lowest responsive and responsible bidder, JJR Construction, Inc., in the amount of $334,405.75 and authorization to execute any and all documents associated with, and necessary for the award, completion, and acceptance of this project; and authorization to execute change orders up to 10% of the original contract amount, or $33,440.58, for a total not to exceed $367,846.33.

CC

 

·         ACTION:

Approved

 

 

·         ASSIGNMENT:

Dir. Public Works

 

 

19.

BOARD AND COMMISSIONS FOR ACTION:

 

A.

City/School Liaison Committee - Minutes of August 3, 2016: Request to note and file.
*Recommendation to formalize a partnership with the Santa Clara Unified School District to help create an annual Firehouse Fun Run joint sponsored event.

CC

 

·         ACTION:

Approved the Committee's recommendation and noted and filed the Minutes

 

 

·         ASSIGNMENT:

City Manager

 

 

 

City Clerk

 

 

B.

Civil Service Commission - Minutes of August 9, 2016: Request to note and file.
*Recommendation to approve the new job specification for Police Training Coordinator and approval of modified job specifications for Park Maintenance Crafts Worker, Ground Maintenance Worker III and Automotive Technician I.

CC

 

·         ACTION:

Approved the Commission's recommendation and noted and filed the Minutes

 

 

·         ASSIGNMENT:

Dir. Human Resources

 

 

 

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 forms available by the door in the Council Chambers.]

 

 

A.

Robert Fitch expressed general comments of concern over current events.

 

 

B.

Kirk Vartan noted a worker cooperative concept where employees are the owners of the business.

 

 

C.

George Schnurle, Board Member of Martinson Child Development Center, expressed general concerns regarding a lease and the recent land transfer to the Santa Clara Unified School District.

 

 

D.

Hosam Haggag expressed gratitude to the Council for proclaiming August as Muslim Appreciation and Awareness month.

 

 

21.

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

 

A.

Reports regarding conference attendance, if any.

CC SA SOSA HA

 

1.

Member Kolstad overviewed his attendance at an August 24, 2016 lecture/discussion at Santa Clara University related to Measure B, a 6.5 billion dollar measure to fund transportation projects in the Silicon Valley.  He also noted he attended the Water Treatment Plant groundbreaking, which is a 1.4 billion dollar retrofit project.

 

2.

Member O'Neill called attention to a Consent Calendar item for Silicon Valley Power (SVP) to lease some land on the Altamont Pass increasing wind power capacity and increasing the renewable power to be sold to residents and businesses.  She also noted the September 7, 2016 Council Goal Setting meeting at the Santa Clara Convention Center, which will be open to the public.

 

3.

Mayor Gillmor noted recent ribbon cuttings in July: Golden State Brewery, Whole Foods, and the 10th anniversary of a UPS Store on Homestead Road.  She also noted the upcoming 36th Annual Art & Wine Festival on September 17 and 18, 2016 and encouraged the community to attend.

 

 

22.

CITY MANAGER/EXECUTIVE DIRECTOR REPORTS:

 

A.

The Acting City Manager made the following announcements: 1) noted that this is the first time the City will have a City Hall Open House with booths highlighting City services at the Art & Wine Festival; 2) introduced Gary Welling the new Assistant Director of Water and Sewer Utility; and 3) congratulated the recent thirteen Fire Academy graduates.

 

 

23.

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS:

 

24.

ADJOURNMENT:

 

A.

In Memory of Donald "Don" Richard Sessions, retired Captain and Detective Division Commander from the Santa Clara Police Department and one of the original directors of the Police Activities League (PAL). The next regular scheduled meeting is on Tuesday evening, September 20, 2016, in the City Hall Council Chambers.

CC SA SOSA HA