MINUTES OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA
FOR REGULAR MEETING HELD ON TUESDAY EVENING, MAY 12, 2015

 

 

 

 

     The City Council of the City of Santa Clara, with a quorum present, met at 5:00 pm in the City Hall Council Chambers for a Study Session to consider the Request for Proposal (RFP) for the Santa Clara Downtown/Super Block Project Development.  The City Manager introduced the item.  The Economic Development Officer/Assistant City Manager reviewed her memo (04/30/15) and gave an electronic presentation regarding the history of the proposed project and potential guiding principles for the RFP.  The City Manager provided information regarding the proposed area for the RFP.  The City Manager and the City Attorney answered Council questions.  The following individuals addressed the Council with general comments:  Stewart Hill, Scott Lane, Kevin Moore, Noreen Carlson, Deborah Bress, Rachel Wolken, Art Tavarez, Judy Tucker, Paul Rebello and Bev Romack.  A Council discussion followed.  By Council consensus, the item was referred to the Downtown Revitalization Committee.

 

     Consolidated City Council Agenda and Agenda Format (City Attorney, City Clerk/Auditor and Acting Public Communications Manager’s memo - 04/29/15) and the Plan to Create a Home Investment Partnership Act (HOME) Funded Tenant-based Rental Assistance Program (Deputy City Manager’s memo - 05/12/15) agendized for this evening’s Study Session was deferred to a future date.

 

     The Council then met at 6:00 pm in the City Hall Reception Lobby for Interviews to fill a vacancy on the Historical and Landmarks Commission.

 

     The Council, with a quorum present, reconvened in the City Hall Council Chambers.  With no public comment, the Council then met for a Closed Session in the Council Conference Room for a Conference with Labor Negotiators pursuant to Government Code Section 54957.6; City designated representatives: 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 – Anticipated Litigation pursuant to Government Code Section 54956.9(d)(2) – Exposure to litigation, Number of potential cases: 1, FACTS AND CIRCUMSTANCES:  Pursuant to Government Code Section 54956.9(e)(2) 1. Financial support and management of Santa Clara Convention Center; Conference with Legal Counsel – Anticipated Litigation pursuant to Government Code Section 54956.9(d)(2) – Exposure to litigation, Number of potential cases: 1; Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.9(d)(1) D.E. Restaurant, Inc., et al. v. City of Santa Clara, et al., Santa Clara County Superior Court Case No. 114CV264438; Conference with Legal Counsel – Existing Litigation pursuant to Government Code Section 54956.9(d)(1) Moneeb, et al. v. City of Santa Clara, et al., United States District Court, Northern District of California, Case No. 5:15-cv-01987; Conference with Legal Counsel – Existing Litigation pursuant to Government Code Section 54956.9(d)(1) Citizens for Responsible Development, et al. v. City of Santa Clara, Santa Clara County Superior Court Case No. 115CV275522; Conference with Legal Counsel – Existing Litigation pursuant to Government Code Section 54956.9(d)(1) 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; Conference with Real Property Negotiator pursuant to Government Code Section 54956.8, Property:  APN 104-03-038, APN 104-03-039, APN 104-03-036, APN 104-03-037, APN 104-01-102, APN 097-01-039, APN 097-01-073, Negotiating Party(ies):  Stephen F. Eimer, 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); Conference with Governing Board of the Successor Agency to the City of Santa Clara Redevelopment Agency Conference with Legal Counsel – Anticipated Litigation pursuant to Government Code Section 54956.9(d)(2) – Exposure to litigation, Number of potential cases: 1. FACTS AND CIRCUMSTANCES: Pursuant to Government Code Section 54956.9(e)(2), 1. Financial support and management of Santa Clara Convention Center; and Governing Board of the Successor Agency to the City of Santa Clara Redevelopment Agency Conference with Legal Counsel – Existing Litigation pursuant to Government Code Section 54956.9(d)(1) 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 (City Attorney - 05/08/15).

 

     The Council then met at 7:00 pm in the City Hall Council Chambers and the regular meeting was opened with the recitation of the Pledge of Allegiance and Statement of Values.

 

 

 

 

 

 

     Present: Council Members Dominic J. Caserta, Debi Davis, Lisa M. Gillmor, Patrick Kolstad, Jerry Marsalli and Teresa O'Neill and Mayor Jamie J. Matthews.

 

     Staff present: City Manager, City Attorney and City Clerk/Auditor.

 

     MOTION was made by Gillmor, seconded and unanimously carried, that the Council consider the Director of Parks and Recreation’s memo (05/12/15) earlier than agendized regarding a donation of $3,000,000 from the San Francisco 49ers for youth athletic facilities and direct that it be heard as the last item under Special Order of Business.

 

 

     As a Special Order of Business, the Council proceeded to consider the Director of Parks and Recreation’s memo (04/14/15) regarding the Presentation of the Youth Commission Scholarships. Commission Chair Ashley Wong and Commissioner Sufyan Abbasi presented the Scholarships to Alon Schwarz and Hannah Villapando.  Photographs were taken.

    

     Also as a Special Order of Business, the Council proceeded to consider the Director of Parks and Recreation’s memo (04/14/15) regarding the Recognition of Outgoing Youth Commission Members.  Recreation Coordinator Jon Kawada and Mayor Matthews presented the following outgoing 2014-15 Youth Commissioners with a recognition gift for their service to the City:  Ajaipal Chahal, Karla Cisneros, Devleena Das, Sheryl Ratnam, Andrew Rauschhuber, Tara Singh, Michelle Vo, Shana Vu and Ashley Wong.  Photographs were taken.

 

     Also as a Special Order of Business, the Council proceeded with the Director of Parks and Recreation’s memo (04/14/15) regarding the 2015/16 Youth Commission Appointments.  Recreation Coordinator Jon Kawada introduced the candidates for the Commission and the returning commissioners.  MOTION was made by Caserta, seconded and unanimously carried, that the Council appoint Delilah Anaya, Meyhaa Buvanesh, Antonio Davila, Dorian Hans, Genevieve Iben, Caroline Kloes, Alicia Luong, Damarah Madriaga and Catherine Petersen and reappoint Samia Abbasi, Sarisha Kurup, Vyvy Nguyen, Tamara Pantic, Alyssa Riley and Ryan Winter to one year terms on the Youth Commission for 2015/16.  Photographs were taken.

 

 

 

 

     Also as a Special Order of Business, the Council proceeded to consider the City Clerk/Auditor’s memo (05/07/15) regarding the appointment of one applicant to fill the vacancy on the Historical and Landmarks Commission for the full term ending June 30, 2019. The Mayor stated that earlier in the evening, in the lobby area adjacent to the City Clerk’s Office, the Council interviewed the following applicants: Priya Cherukuru and Keith Stattenfield.  Applicants Elijah Reynolds and Ujjal Singh were not present for the interviews.  Following Council comments, MOTION was made by Davis, seconded and unanimously carried, that the Council appoint Priya Cherukuru to the Historical and Landmarks Commission for the full term ending June 30, 2019.

 

     Also as a Special Order of Business, the Council proceeded to consider the City Clerk/Auditor’s memo (05/07/15) regarding interviews and appointments to fill two vacancies on the Planning Commission for the full terms ending June 30, 2019.  The Council noted the letter (05/11/15) submitted by applicant Regina M. Mahan regarding her inability to attend the interviews but requesting that she be considered for appointment to the Commission.  The following applicants were interviewed: Arthur Alexander Javaras, Kevin Park, David M. McWalters, Sudhanshu Jain, Michael O’Halloran, Brandon Reinhardt (provided handout), Peter Yoon, Hosam Haggag and Deborah Bress.  Following the interviews and the Council voting process, MOTION was made by Davis, seconded and unanimously carried, that the Council appoint Michael O’ Halloran and Sudhanshu Jain to the Planning Commission for the full terms ending June 30, 2019.

 

     Having previously directed at this evening’s meeting that this item be considered as a Special Order of Business, the Council proceeded to consider the Director of Parks and Recreation’s memo (05/12/15) regarding a donation of $3,000,000 to the City from the San Francisco 49ers (49ers) for youth athletic facilities.  The Director reviewed his memo and the letter (05/05/15) submitted by Al Guido, 49ers Chief Operating Officer, indicating that the 49ers are prepared to immediately transfer $3 million to the City for the purpose of improving youth athletic facilities in Santa Clara.  A Council discussion followed and the City Attorney, City Manager and the Director of Parks and Recreation answered Council questions. The following individuals addressed the Council with concerns: Dani Bonricino, Burt Field, Matt Heinz, Hosam Haggag, Scott Lane, Deborah Bress, Tino Silva, Kevin Park, Art Javaras, Keith Stattenfield, Loretta Beavers, Judy Crates and Gabe Tu.  A Council discussion followed.  MOTION was made by Gillmor, seconded and carried with Caserta dissenting, that the Council deny the donation and direct the City Manager to transmit a thank you letter to the San Francisco 49ers for their offer of the $3,000,000 donation which the City will not be accepting at this time.

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Finance/Assistant City Manager’s memo (04/28/15), the Council accept the Monthly Financial Status Reports for March 2015.

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Finance/Assistant City Manager’s memo (05/01/15), the Council accept the Santa Clara Convention Center and Convention-Visitor’s Bureau Activity Report for Fiscal Year 2014-15 Third Quarter as submitted by the Santa Clara Chamber of Commerce and Convention-Visitor’s Bureau.

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (04/21/15), the Council approve the use of City Electric forces for the installation of facilities at 2585 El Camino Real, Lafayette Street near Tasman Drive and 3250 Scott Boulevard.

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (04/28/15), the Council authorize the acknowledgement and acceptance of donations in support of the 28th Annual Arbor Day/Earth Day celebration.

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (04/28/15), the Council adopt Resolution No. 15-8229 entitled “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, ORDERING THE VACATION OF TWO ONE-FOOT WIDE PUBLIC UTILITY EASEMENTS AT 2367 ARLENE DRIVE [APN 290-33-070 (2014-15)]” which orders the vacation of two 1-foot wide public utility easements at 2367 Arlene Drive to Triad Investment, Inc. and authorize the recordation of the Resolution (SC 18,743).

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (04/28/15), the Council adopt Resolution No. 15-8230 entitled “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, ORDERING THE VACATION OF UNDERGROUND ELECTRIC, SANITARY SEWER AND STORM DRAIN EASEMENTS LOCATED AT 2211-2231 LAWSON LANE [APN 224-44-016 AND 018 (YEAR:  2010-11)]” which orders the vacation of Underground Electric, Sanitary Sewer and Storm Drain Easements at 2211-2231 Lawson Lane to SI55 LLC and authorize the recordation of the Resolution (SC 18,304).

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (05/05/15), the Council adopt Resolution No. 15-8231 entitled “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, AUTHORIZING THE FILING OF AN APPLICATION WITH THE METROPOLITAN TRANSPORTATION COMMISSION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT ARTICLE 3, PEDESTRIAN/BICYCLE FUNDS” which authorizes the filing of an application with the Metropolitan Transportation Commission for allocation of a Transportation Development Act (TDA) Article 3 Grant for Fiscal Year 2015-16 for the Bike Plan update and the installation of bicycle lanes on Tasman Drive.

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the City Attorney’s memo (05/12/15), the Council pass to print Ordinance No. 1940 entitled “AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA, AMENDING SECTIONS 9.05.160 AND 9.05.170 OF CHAPTER 9.05 (‘IN GENERAL’) OF TITLE 9 (‘PUBLIC PEACE, MORALS AND WELFARE’) OF ‘THE CODE OF THE CITY OF SANTA CLARA, CALIFORNIA’ RELATED TO PROHIBITED CONDUCT IN AND NEAR LEVI’S® STADIUM” which amends Sections 9.05.160 and 9.05.170 of Chapter 9.05 (In General) of Title 9 (Public Peace, Morals and Welfare) of “The Code of the City of Santa Clara, California” to amend certain provisions related to prohibited conduct in and near Levi’s® Stadium.

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (04/28/15), the Council approve the results for the Silicon Valley Power Public Benefit Program on its investment in energy efficiency and demand reduction programs through Fiscal Year 2013-2014 and authorize the reporting of this information to customers and others.

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Water and Sewer Utilities’ memo (04/29/15), the Council approve and authorize the City Manager to execute a Memorandum of Understanding with the Santa Clara Valley Water District (SCVWD) with a not to exceed amount of $200,000 for Water Conservation Programs and authorize the City Manager to make minor, non-substantive modifications to the Memorandum of Understanding, if necessary.

 

     Council Member Gillmor noted that she had a conflict of interest because she sold the subject property.  MOTION was made by Davis, seconded and carried with Gillmor abstaining (sold the subject property), that, per the Director of Planning and Inspection’s memo (05/05/15), the Council approve and authorize the City Manager to execute a Historic Property Preservation Agreement (Mills Act Contract) with applicants Mike Neufinger and Sigrid Jacobsen for the property located at 746 Madison Street.

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Information Technology’s memo (04/27/15), the Council approve and authorize the City Manager to execute Call No. 15-1 for Professional Services with Lightwerks Communication Systems, Inc. dba CCS Presentation Systems, Inc. in an amount not to exceed $111,960 for upgrade of the audio visual system in the City Hall Council Chambers.

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (04/28/15), the Council approve and authorize the City Manager to execute Amendment No. 1 to Call No. 14-1 for Professional Services with Electrical Consultants, Inc. in an amount not to exceed $29,206 for a total not to exceed amount of $57,756 for the Fairview 60kV Loop-in project.

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Electric Utility’s memo (05/04/15), the Council approve and authorize the City Manager to execute Call No. 15-3 for Professional Services with MTH Engineers, Inc. in an amount not to exceed $399,169 for preparation of construction documents for Great America Parkway and Tasman Drive Street Lighting Improvement Project.

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Water and Sewer Utilities’ memo (04/29/15), the Council approve and authorize the City Manager to execute an Agreement for Professional Services with GHD, Inc. for an amount not to exceed $125,378 for Water and Sewer Site and Equipment Upgrades and authorize the City Manager to make minor, non-substantive modifications to the Agreement, if necessary.

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Deputy City Manager’s memo (05/12/15), the Council approve and authorize the City Manager to execute the Public Service Grant Agreement with Housing Trust Silicon Valley to provide tenant based rental assistance through its Finally Home Program.

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Director of Public Works/City Engineer’s memo (04/28/15), the Council approve and authorize the City Manager to execute the Agreement for Professional Services with Iteris, Inc. in an amount not to exceed a total of $187,000 for the City of Santa Clara Traffic Management Center and authorize the City Manager to make minor, non-substantive modifications, if necessary.

 

     MOTION was made by Davis, seconded and unanimously carried, that the Council note and file the Minutes of the Cultural Commission for the meeting of March 16, 2015.

 

     MOTION was made by Davis, seconded and unanimously carried, that the Council note and file the Minutes of the Board of Library Trustees for the meeting of February 2, 2015.

 

     MOTION was made by Davis, seconded and unanimously carried, that the Council note and file the Minutes of the Board of Library Trustees for the meeting of March 2, 2015.

 

     MOTION was made by Davis, seconded and unanimously carried, that, per the Staff Aide II (04/27/15), the Council approve the request (04/24/15) submitted by the Portuguese Band of Santa Clara for Championship Team Funding in the recommended amount of $5,000 for food, incidental and local travel costs to perform in the Azores Islands, Portugal, on July 8-30, 2015 and authorize the City Manager to execute a Contribution Agreement with the Band.

 

     PUBLIC HEARING:  The Mayor declared the Public Hearing open for consideration of the Director of Planning and Inspection’s memo (04/27/15) recommending the adoption of resolutions to allow individual ownership and sale of five, single-family residential homes at 990 Wren Avenue.  The Director of Planning and Inspection gave an electronic presentation regarding the project and reviewed the Planning Commission’s unanimous recommendation approving the project.  With no public input, MOTION was made by Caserta, seconded and unanimously carried (Davis off dais), that the Council close the public hearing.  MOTION was then made by Caserta, seconded and unanimously carried (Davis off dais), that the Council adopt Resolution No. 15-8233 entitled “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA TO ADOPT THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING OR REPORTING PROGRAM FOR THE PROJECT LOCATED AT 990 WREN AVENUE, SANTA CLARA” which adopts the Mitigated Negative Declaration and Mitigation Monitoring or Reporting Program for the above-referenced project, adopt Resolution No. 15-8234 entitled “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA TO APPROVE A REZONING FROM SINGLE-FAMILY RESIDENTIAL (R1-6L) TO PLANNED DEVELOPMENT (PD) OF THE PROPERTY LOCATED AT 990 WREN AVENUE, SANTA CLARA” which approves the rezone from Single-Family Residential (R1-6L) to Planned Development (PD) for the above-referenced project and adopt Resolution No. 15-8235 entitled “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA TO APPROVE A TENTATIVE MAP AT 990 WREN AVENUE, SANTA CLARA, FOR FIVE RESIDENTIAL LOTS” which approves a Tentative Map for five residential lots for the above-referenced project (PLN2014-10384/10385 and CEQ2014-01177).

     PUBLIC HEARING:  The Mayor declared the Public Hearing open for consideration of the Director of Planning Inspection’s memo (05/06/15) for the Gateway Village Development Project located at 3610 and 3640 (3700) El Camino Real for approval of a mixed use project consisting of 476 living units and 108,000 square feet of retail space, including live-work units, with associated parking, landscaping and site improvements in conjunction with the demolition of existing retail store and fast food restaurant.  The Director of Planning and Inspection gave an electronic presentation regarding the revised plans for the project and answered Council questions.  The City Manager provided further information on the project.  Applicant John Eudy, Essex Property Trust, addressed the Council with comments and made an electronic presentation regarding the history of the project and the revised plans for the project.  The following people addressed the Council in favor of the project:  Matt Sweeney, Judy Crates, Roy Truitt (provided handout), Ed Gilka and Kevin Moore.  The following individuals addressed the Council with general comments of concern:  Keith Stattenfield (provided handout), Scott Lane, Doug Hosking, Michele Maresca, Kevin Park, Gavita (last name unknown) and Deborah Bress. The City Manager provided further information regarding the project.  With no further public input, MOTION was made by Kolstad, seconded and unanimously carried, that the Council close the public hearing.  MOTION was then made by Kolstad, seconded and unanimously carried, that the Council adopt Resolution No. 15-8236 entitled “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR GATEWAY VILLAGE DEVELOPMENT PROJECT LOCATED AT 3610 AND 3640 EL CAMINO REAL, SANTA CLARA” which certifies a final Environmental Impact Report and adopts a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program and Errata memo and adopt Resolution No. 15-8237 entitled “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA APPROVING A REZONE OF THE PROPERTY LOCATED AT 3610 AND 3640 EL CAMINO REAL, SANTA CLARA FROM CC (COMMUNITY COMMERCIAL) TO PD (PLANNED DEVELOPMENT)” which approves a rezone from Community Commercial (CC) to Planned Development (PD) subject to the following added conditions:  Left turns from the project to Halford Avenue are prohibited; No construction parking or staging on Halford Avenue; Contractor shall prevent damage to existing wall at southern property line or repair any damage caused by project construction; Truck deliveries are prohibited at the south side of the site; and Applicant shall pay the Park fee in the amount of $3,636 per dwelling unit at the time of issuance of permits for the residential units.

 

 

     MOTION was made by Kolstad, seconded and unanimously carried (Matthews absent), that the Council excuse Mayor Matthews from attendance for the remainder of this evening’s meeting.

 

     MOTION was made by Caserta, seconded and unanimously carried (Matthews absent), that, per the Director of Electric Utility’s memo (05/05/15), the Council award Public Works Contract 2116A for Unit Price Bidding & Construction of the Serra-Brokaw Re-Conductoring Project to the lowest responsive and responsible bidder, Michels Corporation dba Michels Pipeline Construction, in an amount not to exceed $1,984,655.50, approve and authorize the City Manager to execute the contract documents on behalf of the City, direct staff to issue the Notice of Award and authorize the City Manager to approve and execute change orders up to a total aggregate amount of 10% of the contract amount, or $198,465.55, for a total not to exceed amount of $2,183,121.05.

 

     MOTION was made by Marsalli, seconded and unanimously carried (Matthews absent), that, per the recommendations contained in the Minutes of the Cultural Commission for the meeting of April 6, 2015, the Council remove Barbara Stahl from the Commission for consecutive nonattendance/unexcused absent of more than three regularly scheduled meetings from August 4, 2014 through April 6, 2015, pursuant to the Board, Commissions and Committee Handbook.  The Minutes were duly noted and filedMOTION was then made by Caserta, seconded and unanimously carried (Matthews absent), that, per the City Clerk/Auditor’s memo (05/08/15), the Council declare a vacancy on the Cultural Commission for the partial term ending June 30, 2017 and set June 16, 2015 as the date for the Special Order of Business for the promotion of the vacancy, July 8, 2015 at 5:00 pm as the deadline for receipt of applications for the vacancy and July 14, 2015 at 6:00 pm as the interview date and time.

 

     The Council proceeded to consider the Director of Water and Sewer Utilities’ memo (04/28/15) recommending adoption of a Resolution authorizing the implementation of State Mandated Conservation Standard and Additional Water Use Restrictions.  The Director answered Council questions.  MOTION was made by Caserta, seconded and unanimously carried (Matthews absent), that the Council adopt Resolution No. 15-8232 entitled “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA IMPLEMENTING STATE CONSERVATION STANDARD AND ADDITIONAL WATER USE RESTRICTIONS” which authorizes the implementation of State Mandated Conservation Standard and Additional Water Use Restrictions.

 

 

 

     The Council proceeded to consider the Director of Water and Sewer Utilities’ memo (04/29/15) recommending approval of an Agreement with Bay Area Water Supply and Conservation Agency to participate in the WaterSmart Software Home Water Use Reports Program.  The Director answered Council questions.  MOTION was made by Caserta, seconded and unanimously carried (Matthews absent), that the Council approve and authorize the City Manager to execute an Agreement to Participate in the WaterSmart Software Home Water Use Reports Program from July 1, 2015 through December 31, 2016 with the Bay Area Water Supply and Conservation Agency (BAWSCA) for an amount not to exceed $116,375 and authorize the City Manager to make minor, non-substantive modifications to the Agreement, if necessary.

 

     Under Public Presentations, Loretta Beavers requested a clarification regarding the term ending date for the current vacancy on the Cultural Commission.  Kirk Vartan made general comments regarding the development of the former Bay Area Research and Extension Center (BAREC) property at 90 North Winchester Boulevard and provided a handout. Scott Lane, Deborah Bress and Kevin Park made general comments of concern.

 

     The Council proceeded to consider the Director of Public Works/City Engineer’s memo (04/28/15) recommending approval of the First Amendment to the Cost Sharing Agreement with the County of Santa Clara for the intersection improvements at San Tomas Expressway and El Camino Real. Deborah Bress and Scott Lane addressed the Council with comments of concern. The Director of Public Works/City Engineer answered Council questions.  MOTION was made by Caserta, seconded and unanimously carried (Matthews absent), that the Council approve the First Amendment to the Cost Sharing Agreement with the County of Santa Clara for an amount not-to-exceed $2,127,000 for the intersection improvements at San Tomas Expressway and El Camino Real, authorize the City Manager to execute all documents necessary to effect the Amendment, approve additional appropriations in the amount of $707,263 for the project (account 525-4433-80300-2658) funded by a transfer from the Regional Traffic Impact Fees held in the deposit fund  (account 071-23767-(A)20245) and accept the estimated revenue in the amount of $119,737 from the two development projects as fairshare mitigation for impacts (account 525-4433-59000-2658) and approve additional appropriations in the amount of $119,737 for the project (account 525-4433-80300-2658).

 

 

 

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried (Matthews absent), that the Council approve the payment of the Bills and Claims and Progress Payments.

 

 

     Under Reports of Councilors and Special Council Committees, Council Member O’Neill reported on her attendance with Council Member Marsalli and the Director of Water and Sewer Utilities at the recent Santa Clara Valley Water District Drought Summit where the City was highlighted for its conservation efforts. Council Member Kolstad reported on his attendance with the Director of Electric Utility and the Assistant City Manager/Chief Operating Officer Utilities at the recent Northern California Power Agency (NCPA) Legislative Rally in Washington, D.C. advocating for public power and water issues that affect the City.  Mayor Matthews provided a handout on his attendance at other recent community events.

 

     MOTION was made by Caserta, seconded and unanimously carried (Matthews absent), that the Minutes of the Ethics Committee for the meeting of April 14, 2015 be noted and filedMOTION was then made by Gillmor, seconded and unanimously carried (Matthews absent) that, per the recommendations contained in the above-referenced Minutes of the Ethics Committee, the Council support the concept of a consolidated paid Vote by Mail Ballot Program (paid return postage) through the Registrar of Voters and authorize the transmittal of a letter of support to the County of Santa Clara. 

 

 

     The City Attorney reported that the Council met earlier this evening for a Closed Session in the Council Conference Room for a Conference with Legal Counsel – Existing Litigation pursuant to Government Code Section 54956.9(d)(1) Citizens for Responsible Development, et al. v. City of Santa Clara, Santa Clara County Superior Court Case No. 115CV275522 and that the Council unanimously approved a Settlement Agreement for the project located at 166 Saratoga Avenue, with the relative terms, as follows:  Each purchase agreement for that project for new residential units shall inform the homeowners that they must park their cars in their garages; Covenants, Conditions and Restriction’s (CC&Rs) for the project shall prohibit residents and their guests from parking in the lots of the adjacent office buildings; Developer shall install signs at both the residential project and the adjacent office lots informing residents and guests to not park in the office lots; If the City so approves, the developer shall mark up to 11 new on-street public parking spaces along Saratoga Avenue; Developer shall pay the petitioner the agreed-upon sum for parking management and attorney fees; and City would incur no costs or obligation as the result of agreeing to this settlement.

     The City Attorney reported that the Council also met earlier this evening in Closed Session in the Council Conference Room for a Conference with Labor Negotiators pursuant to Government Code Section 54957.6; City designated representatives: 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 – Anticipated Litigation pursuant to Government Code Section 54956.9(d)(2) – Exposure to litigation, Number of potential cases: 1, FACTS AND CIRCUMSTANCES:  Pursuant to Government Code Section 54956.9(e)(2) 1. Financial support and management of Santa Clara Convention Center; Conference with Legal Counsel – Anticipated Litigation pursuant to Government Code Section 54956.9(d)(2) – Exposure to litigation, Number of potential cases: 1; Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.9(d)(1) D.E. Restaurant, Inc., et al. v. City of Santa Clara, et al., Santa Clara County Superior Court Case No. 114CV264438; Conference with Legal Counsel – Existing Litigation pursuant to Government Code Section 54956.9(d)(1) Moneeb, et al. v. City of Santa Clara, et al., United States District Court, Northern District of California, Case No. 5:15-cv-01987; Conference with Legal Counsel – Existing Litigation pursuant to Government Code Section 54956.9(d)(1) 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; Conference with Real Property Negotiator pursuant to Government Code Section 54956.8, Property:  APN 104-03-038, APN 104-03-039, APN 104-03-036, APN 104-03-037, APN 104-01-102, APN 097-01-029, APN 097-01-073, Negotiating Party(ies):  Stephen F. Eimer, 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); Governing Board of the Successor Agency to the City of Santa Clara Redevelopment Agency Conference with Legal Counsel – Anticipated Litigation pursuant to Government Code Section 54956.9(d)(2) – Exposure to litigation, Number of potential cases: 1. FACTS AND CIRCUMSTANCES: Pursuant to Government Code Section 54956.9(e)(2), 1. Financial support and management of Santa Clara Convention Center; and Governing Board of the Successor Agency to the City of Santa Clara Redevelopment Agency Conference with Legal Counsel – Existing Litigation pursuant to Government Code Section 54956.9(d)(1) 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 that there was no reportable action.

 

 

     MOTION was made by Caserta, seconded and unanimously carried (Matthews absent), that, per the City Attorney’s memo (05/08/15), the Council set May 19, 2015 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 representatives: 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) and a Conference with Legal Counsel – Existing Litigation pursuant to Government Code Section 54956.9(d)(1) 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.

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried (Matthews absent), that, there being no further business, the Council adjourn the meeting at 11:23 pm to Tuesday evening, May 19, 2015 at 6:00 pm for Interviews for the Senior Advisory Commission in the City Hall reception lobby and 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