SUMMARY OF ACTIONS TAKEN BY

CITY OF SANTA CLARA CITY COUNCIL

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

 

 

December 03, 2013

 

 

5:00 pm
Development Study Session
City Hall Council Chambers
Project title: Centennial Gateway
File: n/a
Location: Approximately 8.4-acre site generally comprised of 2 parcels located on the north side of Tasman Drive, south of Stars & Stripes Drive between Tasman Garage and Stars & Stripes Drive. APNs: 104-03-038 and 104-03-039 and a portion of City-owned golf course property (APN 104-03-036).
Applicant: Joseph Montana, Montana Property Group
Owner: City of Santa Clara
Request: Review preliminary concept plans to allow the phased development of a mixed use project with approximately 780,000 square feet of retail, restaurant, office and hotel uses that will involve a General Plan Amendment supporting regional mixed use and high intensity office/R&D uses across the site, and Rezoning to a planned development designation allowing a mix of uses and a Tentative Parcel Map to resubdivide parcels, create new access and realign existing rights-of-way
and
Project title: City Place Santa Clara
File: n/a
Location: 5155 Stars and Stripes Drive, approximately 215-acre site currently principally operated as Santa Clara Golf & Tennis and PAL BMX. APNs: 097-01-039; 097-01-073; 104-01-102; and 104-03-036.
Applicant: William Witte, Related California
Owner: City of Santa Clara
Request: Review preliminary concept plans to allow the phased development of approximately 5.2 million square feet of retail/entertainment; restaurant; office; hotel; and residential uses that will involve a General Plan Amendment supporting regional mixed use and high intensity office/R&D uses across the site, and Rezoning to a planned development designation allowing a mix of uses and a Tentative Map to resubdivide parcels and realign existing rights-of-way.

6:00 pm
Closed Session
Council Conference Room
Conference with Labor Negotiators
Pursuant to Government Code Section 54957.6
City designated representative: Julio J. Fuentes, City Manager (or designee)
Employee Organization(s):
Unit #1 - Santa Clara Firefighters Association, IAFF, Local 1171
Unit #2 - Santa Clara Police Officer's Association
Unit #3 - IBEW Local 1245 (International Brotherhood of Electrical Workers)
Unit #4 - City of Santa Clara Professional Engineers
Units #5, 7 & 8 - City of Santa Clara Employees Association
Unit #6 - AFSCME Local 101 (American Federation of State, County and Municipal Employees)
Unit #9 - Miscellaneous Unclassified Management Employees
Unit #9A - Unclassified Police Management Employees
Unit #9B - Unclassified Fire Management Employees
Unit #10 - PSNSEA (Public Safety Non-Sworn Employees Association)
[NO REPORTABLE ACTION]
and
Conference with Real Property Negotiator
Pursuant to Government Code Section 54956.8
Property: APN 097-01-039; 097-01-073; 104-01-102 and 104-03-036
Negotiating Party(ies): Larry MacNeil and Jim Mercurio,
The San Francisco 49ers
City Negotiator: Julio J. Fuentes, City Manager (or designee)
Under Negotiation: Parking Rights Agreement
[NO REPORTABLE ACTION]
and
Conference with Real Property Negotiator
Pursuant to Government Code Section 54956.8
Property: APN 224-02-002; 224-02-013, 224-02-014, 224-02-020, 224-02-023
Negotiating Party(ies): Steve Zamudio, Colliers International
City Negotiator: Julio J. Fuentes, City Manager (or designee)
Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment)
[NO REPORTABLE ACTION]
and
Conference with Real Property Negotiator
Pursuant to Government Code Section 54956.8
Property: APN 224-02-022
Negotiating Party(ies): Dave Evans, Steve Zamudio, Colliers International
City Negotiator: Julio J. Fuentes, City Manager (or designee)
Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment)
[NO REPORTABLE ACTION]
and
Conference with Real Property Negotiator
Pursuant to Government Code Section 54956.8
Property: APN 224-02-003
Negotiating Party(ies): Dave Evans, Steve Zamudio, Colliers International
City Negotiator: Julio J. Fuentes, City Manager (or designee)
Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment)
[NO REPORTABLE ACTION]
and
Conference with Real Property Negotiator
Pursuant to Government Code 54956.8
Property: APN 104-03-038 and 104-03-039
Negotiating Party(ies): Kurt Wittek, Montana Property Group, LLC
City Negotiator: Julio J. Fuentes, City Manager (or designee)
Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property

 (provisions, price and terms of payment)
[NO REPORTABLE ACTION]
and
Conference with Legal Counsel-Existing Litigation
Pursuant to Government Code Section 54956.9(a)
Residents of Santa Clara v. City of Santa Clara, et al.,
Santa Clara County Superior Court Case No. 1-13-CV-254623
[NO REPORTABLE ACTION]
and


City Council/City Council acting as the 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(a)
Vinod K. Sharma, et al. v. Successor Agency to the
Redevelopment Agency of the City of Santa Clara, et al.,

Sacramento County Superior Court Case No. 34-2013-80001396
[NO REPORTABLE ACTION]
and
Conference with Legal Counsel - Anticipated Litigation
Pursuant to Government Code Section 54956.9(b)
Potential exposure to litigation: 1 potential case
[NO REPORTABLE ACTION]
and
City Council/City Council acting as the 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(a)
Potential initiation of litigation: 1 potential case
[NO REPORTABLE ACTION]

 

 

REGULAR MEETING

7:00 PM in the City Hall Council Chambers

 

 

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

 

 

1.

PLEDGE OF ALLEGIANCE AND STATEMENT OF VALUES:

 

2.

ROLL CALL:

 

A.

Present: Council Members Davis, Gillmor, Marsalli and O'Neill and Vice-Mayor Kolstad. Absent: Council Member Mahan and Mayor Matthews (excused).

 

3.

APPROVAL OF MINUTES:

 

A.

October 29, 2013.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 


 

4.

CONTINUANCE/EXCEPTIONS:

 

A.

Continue the Public Hearing to January 14, 2014 for an amendment to the City's 5-Year Consolidated Plan for the use of Federal Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) funds to meet the City's housing and community needs in order to reduce the Plan's goals and objectives based on the reduced availability of estimated funds.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Planning

 

5.

SPECIAL ORDER OF BUSINESS:

 

A.

Recognition of Julie Passalacqua, City Librarian, for her exceptional career with the City of Santa Clara.

 

6.

UNFINISHED BUSINESS:

 

A.

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

 

7.

CONSENT CALENDAR:

 

[Items listed on the CONSENT CALENDAR are considered routine and will be adopted by one motion.  There will be no separate discussion of the items on the CONSENT CALENDAR unless discussion is requested by a member of the Council, staff, or public.  If so requested, that item will be removed from the CONSENT CALENDAR and considered under CONSENT ITEMS PULLED FOR DISCUSSION.]

 

A.

Departmental Reports

 

1.

Approval to set salary for Lateral Police Officer candidates, Kyle Cardin and Timothy Alford, at Step 2, Salary B, Grade 31.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Chief of Police

2.

Approval to allow Chief of Police Sellers to exceed the maximum vacation accrual into 2014.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Chief of Police

3.

Adoption of a Resolution ordering the vacation of a Public Utility Easement located at 2200 Lawson Lane to SI 55, LLC and authorize the recordation of the Resolution (APN 224-44-024; SC 18,632)

 

• ACTION:

Adopted Resolution No. 13-8089

 

• ASSIGNMENT:

Dir. Public Works


 

4.

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

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

5.

Adoption of a Resolution approving a Water Supply Assessment for a proposed mixed use residential development located at 3515 Monroe Street.

 

• ACTION:

Adopted Resolution No. 13-8090

 

• ASSIGNMENT:

Dir. Water

6.

Adoption of a Resolution accepting the Environmental Impact Report (EIR) for the San Jose/Santa Clara Water Pollution Control Plant Master Plan prepared by the City of San Jose, making responsible agency findings, and adopting a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program (MMRP) and adoption of a Resolution accepting the San Jose/Santa Clara Water Pollution Control Plant Master Plan prepared by the City of San Jose, as modified by Alternative 4 (Eastern Open Space Compressed Development Plan) to the EIR.

 

• ACTION:

Adopted Resolution No. 13-8091 and 13-8092

 

• ASSIGNMENT:

Dir. Water

7.

Adoption of a Resolution for the 2013-2014 Weed Abatement Program, declaring weeds to be a nuisance and setting January 28, 2014 as a Public Hearing on the proposed destruction or removal of weeds and authorization to publish the Notice of Public Hearing.

 

• ACTION:

Adopted Resolution No. 13-8093

 

• ASSIGNMENT:

Fire Chief

8.

Adoption of a Resolution dedicating certain portions of real property located at 2550 and 2600 Great America Way for use as a storm drain, water line, leachate extraction and ingress-egress easement and authorization to record the Resolution with the County Recorder (APN 104-01-099; SC 18,654).

 

• ACTION:

Adopted Resolution No. 13-8094

 

• ASSIGNMENT:

Dir. Public Works

9.

Approval of the Stipulations with Request to Award for Workers Compensation claims for the injuries Pete Dach, former Police Sergeant, sustained cumulatively through August 25, 2006, May 7, 2008 and June 3, 2010 and the specific injury sustained on May 6, 2010 (803035, 1416368, 1677703, 1657216).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Human Resources


 

10.

Approval of the Stipulations with Request to Award for Workers Compensation claims for the injuries George Cintas, Retired Fire Captain, sustained cumulatively through October 5, 2009 (1659107).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Human Resources

11.

Approval to publish the January 2014 Mission City SCENES.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

12.

Note and file the November 2013 update of the Six-Month Strategic Objectives from September 13, 2013 through March 15, 2014 and set the next update for the January 28, 2014 Council meeting.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

13.

Acceptance of Guidelines for Development in the Tasman and Centennial Area to guide the site planning efforts on the Centennial Gateway and the City Place Santa Clara projects.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

 

 

Dir. Planning

 

B.

Agreements

 

1.

Approval of an Agreement and Covenant Running with the Land [Deferment of Public Improvements (Public Sidewalk)] with RP Presidio Central Campus Owner, LLC to defer the installation of City standard sidewalk along the Central Expressway frontage of 2801 and 2821 Scott Boulevard and authorization to record the Agreement (APN 224-07-121; SC 18,648).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

2.

Approval of Amendment No. 2 to the Exclusive Negotiating Rights Agreement with Montana Property Group, LLC to extend the term to January 27, 2014.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Manager

3.

Approval of Amendment No. 2 to the Agreement for Design Professional Services with Lee & Ro, Inc. for the Rabello and Northside Pump Station Generators Project to extend the term to December 31, 2014 and authorization to make minor, non-substantive modifications, if necessary.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works


 

4.

Approval of Call No. 13-2 for Professional Services with Schweitzer Engineering Laboratories, Inc., in an amount not to exceed $50,000, to provide engineering services for the Phase Shifting Transformer.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

 

C.

Reports for Information and Possible Action

 

1.

Grand Boulevard Initiative Award for Presidio Santa Clara, 1450 El Camino Real.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

D.

Minutes to Note and File

 

1.

Parks and Recreation Commission - September 17, 2013.

 

• ACTION:

Noted and Filed

 

• ASSIGNMENT:

City Clerk

 

E.

Routine Written Petitions for Approval

 

8.

ITEMS SET FOR HEARING:

 

[Planning Commission items not being appealed, or which are not related to an appeal, will be heard under BOARDS AND COMMISSIONS FOR ACTION.]  If you challenge a City Council land use decision in court, you may be limited to raising only those issues you or someone else raised at this hearing before the City Council or in written correspondence delivered to the City at, or prior to, the City Council hearing on the matter.  (California Government Code Section 65009)

 

A.

186-unit Apartment Building Project Located at 2611-2655 El Camino Real
Adoption of a Resolution adopting the Mitigated Negative Declaration (MND) and the Mitigation Monitoring and Reporting Program (MMRP); adoption of a Resolution approving General Plan Amendment No. 78 to change the land use designation from Regional Mixed Use to High Density Residential; adoption of a Resolution rezoning the property from Thoroughfare Commercial (CT) to Planned Development (PD); and adoption of a Resolution approving the Vesting Tentative Parcel Map to combine existing lot lines for the 3.57 acre project site, subject to conditions (PLN2013-09744, PLN2013-09752, PLN2013-09753 and CEQ2013-01155).

 

• ACTION:

Adoption of Resolution Nos. 13-8095, 13-8096, 13-8097 and 13-8098

 

• ASSIGNMENT:

Dir. Planning

 


 

B.

Climate Action Plan
Adoption of a Resolution adopting the Negative Declaration for the project and adoption of a Resolution approving a General Plan Amendment to the 2010-2035 General Plan to include the Climate Action Plan as part of Appendix 8.13 (CEQ2013-01160; PLN2012-09365).

 

• ACTION:

Adoption of Resolution Nos. 13-8099 and 13-8100 and referred to the next budget cycle, the feasibility of creating a sustainability coordinator.

 

• ASSIGNMENT:

Dir. Planning

 

9.

BIDS AND PROPOSALS:

 

A.

Award the Public Works Contract for the Monroe Street, Chromite Drive, Machado Avenue & Nobili Avenue Sanitary Sewer Phase II Improvements to KJ Woods Construction, Inc, in the amount of $4,688,000, approval of the transfer and appropriation of funds, in the amount of $1,200,000, for the project and authorization to execute change orders up to approximately 10% of the original contract price, or $468,800 (CE 10-11-01).

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Public Works

 

B.

Award of Public Works Contract 2129A for the Raymond Substation Storage Structure Pad to Anderson Pacific Engineering Construction, Inc., in the amount of $334,331, for the installation of the pad, roadway and substructures; award of Public Works Contract 2129B for the Raymond Substation Storage Structure to Guerra Construction Group, in the amount of $222,800, for the construction of the building; and approval of a transfer and appropriation of funds, in the amount of $296,293, for the project.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Electric

 

10.

BOARDS AND COMMISSIONS FOR ACTION:

 

A.

Civil Service Commission Minutes - Meeting of November 18, 2013: Request to note and file.
* Recommendation to approve the modified job specification for Chief Storekeeper/Buyer; Senior Library Assistant - Public Service; and Library Program Coordinator - Reference and modification of the job specification for Senior Energy Systems Analyst and Electric Utility Programmer Analyst.

 

• ACTION:

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

 

• ASSIGNMENT:

City Clerk

 

 

Dir. Human Resources

 

11.

CONSENT ITEMS PULLED FOR DISCUSSION:

 

12.

PUBLIC PRESENTATIONS:

 

This item is reserved for persons to address the Council on any matter not on the agenda that is within the subject matter jurisdiction of the City. The law does not permit Council action on, or extended discussion of, any item not on the agenda except under special circumstances. The Council, or staff, may briefly respond to statements made or questions posed, and the Council 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.

James Rowen: General comments regarding current events.

 

B.

Stephen Hazel: General comments regarding current events.

 

C.

Lou Faria: Comments of concern regarding development in the Old Quad area, specifically located at 1091 Harrison Street. He also promoted the Historic Home Tour, December 6-7, 2013.

 

D.

Chuck Peterson: Comments of concern regarding development in the Old Quad area, specifically at 1091 Harrison Street.

 

13.

BILLS AND CLAIMS/PROGRESS PAYMENTS:

 

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

 

A.

Approval of Bills and Claims and Progress Payments.

 

• ACTION:

Approved

 

• ASSIGNMENT:

Dir. Finance

 

14.

REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

 

A.

Reports regarding conference attendance, if any.

 

1.

Vice-Mayor Pat Kolstad:  Reported that he attended a Northern California Power Agency (NCPA) meeting on November 25, 2013.

 

15.

CITY MANAGER REPORTS:

 

16.

CLOSED SESSION MATTERS:

 

A.

City Attorney Reports:

 


 

B.

Set December 17, 2013 at 6:00 pm for a Closed Session in the Council Conference Room for a Conference with Labor Negotiators pursuant to Government Code Section 54957.6; City designated representative: Julio J. Fuentes, City Manager (or designee); Employee Organization(s): Unit #1 - Santa Clara Firefighters Association, IAFF, Local 1171; Unit #2 - Santa Clara Police Officer's Association; Unit #3 - IBEW Local 1245 (International Brotherhood of Electrical Workers); Unit #4 - City of Santa Clara Professional Engineers; Units 5, 7 & 8 - City of Santa Clara Employees Association; Unit #6 - AFSCME Local 101 (American Federation of State, County and Municipal Employees); Unit #9 - Miscellaneous Unclassified Management Employees; Unit #9A - Unclassified Police Management Employees; Unit #9B - Unclassified Fire Management Employees; Unit #10 - PSNSEA (Public Safety Non-Sworn Employees Association); Conference with Legal Counsel-Existing Litigation Pursuant to Government Code Section 54956.9(a); Vinod K. Sharma, et al. v. Successor Agency to the Redevelopment Agency of the City of Santa Clara, et al., Sacramento County Superior Court Case No. 34-2013-80001396; and Conference with Legal Counsel-Anticipated Litigation Pursuant to Government Code Section 54956.9(a); Potential initiation of litigation: 1 potential case.

 

• ACTION:

Approved

 

• ASSIGNMENT:

City Attorney

 

17.

ADJOURNMENT:

 

A.

In Memory of Michele Agnes Berritto (former employee and sister to Patricia Flanery, Finance Department) and Clyde A. Thompson (provided excellent legal representation for the City of Santa Clara) to Tuesday evening, December 17, 2013 at 6:00 pm for a Closed Session in the Council Conference Room and to 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.