MINUTES OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA
FOR REGULAR MEETING HELD ON TUESDAY EVENING, MAY 5, 2015

 

 

     The City Council of the City of Santa Clara, with a quorum present, met at 4:00 pm 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; 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), A.C. v. City of Santa Clara, et al., United States District Court, Case No. C13-3276JCS; 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; 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 - 05/01/15). 

 

 

 

 

     The Council then met at 5:04 pm in the City Hall Council Chambers for a Study Session to consider the following items:  The El Camino Shopping Center Renovation Project located at 2025 El Camino Real and the redevelopment of the corner retail site located at 2277 El Camino Real.  The City Manager introduced the item.  The Director of Planning and Inspection reviewed his memo (04/28/15) and provided information regarding the project.  Paul Bosman, architect, addressed the Council on behalf of the owners.  He made an electronic presentation, reviewed the proposed plans and answered Council questions regarding the project.  The Director of Planning and Inspection answered Council questions.  Scott Lane addressed the Council with general comments.

 

     The Council then proceeded to consider the Deputy City Manager’s memo (04/27/15) regarding the City’s opportunity to evaluate a plan to adopt a Santa Clara local minimum wage ordinance by January 1, 2016.  The City Manager introduced the item.  The Deputy City Manager reviewed her memo and gave an electronic presentation on current State law and proposed legislation establishing minimum wage and raising the City’s minimum wage to the level of surrounding cities.  She then answered Council questions.  The Council noted correspondence received from Dr. Myers-Lipton (04/27/15) and Sudhanshu Jain (04/26/15 and 05/05/15) in support of a minimum wage ordinance.  The following individuals addressed the Council with concerns regarding a minimum wage ordinance:  James Lucas, Roy Truitt, Ravinder Lal and Kirk Vartan.  The following individuals addressed the Council in support of a minimum wage ordinance:  Allen Chiu (read and provided a letter from Congressman Michael M. Honda - 05/05/15), Miriam Andrave, Cruz Grijalva, Jessica Vollmer, Sudhanshu Jain (provided handout), Dr. Meghan Fraley (provided handout), Andrew Boone and Scott Lane.  A Council discussion followed and the City Manager responded to questions regarding the timing to return to Council with more information.  By Council consensus, the item was referred to the City Manager to return to a regular Council meeting with a report in 120 days.

 

     The Council then proceeded to consider the Director of Planning and Inspection’s memo (04/28/15) regarding the Conceptual Development of the City Ventures Project located at 1525 Alviso Street. The Director of Planning and Inspection reviewed his memo and provided information regarding the project. Samantha Hauser, City Ventures, LLC, made an electronic presentation regarding the project. A Council discussion followed and Ms. Hauser answered Council questions. Patricia Mahan and Kirk Vartan addressed the Council with concerns. Scott Lane addressed the Council with general comments.  A Council discussion followed and the Director of Planning and Inspection and the City Manager answered Council questions.

 

     The City Attorney, City Clerk/Auditor and Acting Public Communications Manager’s memo (04/29/15) regarding Consolidated City Council Agenda and Agenda Format agenized for this evening’s Study Session was deferred to a future date.

 

     The Council then proceeded to consider the Director of Planning and Inspection’s memo (04/28/15) regarding Valley Fair Mall Expansion Project located at 2801 Stevens Creek Boulevard.  The Director of Planning and Inspection provided information and answered Council questions regarding the project.  Westfield Valley Fair Vice President of Development, Scot Vallee, made an electronic presentation regarding the project. A Council discussion followed and Mr. Vallee answered Council questions.  The following individuals addressed the Council with concerns:  Kirk Vartan, Andrew Boone, Diane Harrison and Scott Lane.

 

     The Council then proceeded to consider the Chief of Police’s memo (04/30/15) regarding the Update Regarding the Closure of the Creek Trail During Large Scale Events at Levi’s® Stadium.  The Chief of Police reviewed his memo and gave an electronic presentation providing information on access and closure of the Creek Trail.  The following individuals expressed concerns and/or general comments regarding access to the Creek Trail:  James Lucas, Diane Harrison, Andrew Boone, Mike O’Halloran, Pete McCan and Scott Lane.  A Council discussion followed.  By Council consensus, this item was referred to the City Manager to report back to Council.

 

     The Council then proceeded to consider the Director of Planning and Inspection’s memo (04/28/15) regarding the Essex Gateway Village Development Project located at 3610, 3640 and 3700 El Camino Real.  The City Manager introduced the item.  John Eudy, project developer, made an electronic presentation and provided information regarding the project. The City Manager provided additional information regarding the project. A Council discussion followed and Mr. Eudy answered Council questions.  The following individuals expressed concerns and/or general comments regarding the project:  Dr. Tim Morris, Judy Crates, Doug Hosking and Scott Lane.  A Council discussion followed.

 

     The Economic Development Officer/Assistant City Manager’s memo (04/30/15) regarding the Downtown Development Request for Proposal agendized for this evening’s Study Session was deferred to a future date.

 

     The Council recessed for a short break.

 

     The Council then met at 8:08 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, Jerry Marsalli and Teresa O'Neill and Mayor Jamie J. Matthews.  Absent:  Council Member Patrick Kolstad (excused).

 

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

 

     MOTION was made by Caserta, seconded and unanimously carried (Kolstad absent), that, per the Executive Assistant to the Mayor and City Council’s memo (04/28/15), the Council excuse Council Member Kolstad from attendance at this evening’s meeting.

 

 

            MOTION was made by Davis, seconded and unanimously carried (Kolstad absent), that the Minutes for the meeting of April 7, 2015 be adopted as written.

 

      As a Special Order of Business, the Council proceeded with the presentation of a donation from the Santa Clara Women's League, in the amount of $20,000, to be used for the Health and Wellness Program at the Santa Clara Senior Center. Marian Crompton and Maria Landaveri, Women’s League President and Treasurer, addressed the Council with comments and presented the donation.  MOTION was made by Marsalli, seconded and unanimously carried (Kolstad absent), that the Council accept the donation from the Santa Clara Women’s League, in the amount of $20,000, to be used for the Health and Wellness Program at the Santa Clara Senior Center (Director of Parks and Recreation – 04/20/15).  Photographs were taken.

 

     As a Special Order of Business, the Council proceeded with the promotion of two vacancies on the Civil Service Commission.  Brian Doyle, Commission Chair, addressed the Council with an electronic presentation promoting the vacancies (Director of Human Resources – 04/13/15).

 

     As a Special Order of Business, the Council proceeded with the promotion of a vacancy on the Senior Advisory Commission.  Wanda Buck, Commission Vice Chair, addressed the Council with an electronic presentation promoting the vacancy (Director of Parks and Recreation – 04/20/15).

 

 

 

     MOTION was made by Caserta, seconded and unanimously carried (Kolstad absent), that, per the Director of Water and Sewer Utilities’ memo (04/21/15), the Council accept the work performed by GSE Construction Co., Inc. on the Northside Tanks Site Improvements Project (WA 30148) and authorize the recordation of a Notice of Completion with the County Recorder.

 

     MOTION was made by Caserta, seconded and unanimously carried (Kolstad absent), 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 2930 Corvin Drive.

 

     MOTION was made by Caserta, seconded and unanimously carried (Kolstad absent), that, per the Director of Parks and Recreation’s memo (04/17/15), the Council accept a donation from the Kiwanis Club of Santa Clara Foundation in the amount of $300 to help support the 2015 Easter Egg Hunt at Central Park and authorize the transmittal of a letter of appreciation signed by the Mayor and City Manager.

 

     MOTION was made by Caserta, seconded and unanimously carried (Kolstad absent), that, per the Director of Parks and Recreation’s memo (04/17/15), the Council accept a donation from Gregory Bauer in the amount of $216 to help with the purchase of dog waste bags for use at Parkway Park and authorize the transmittal of a letter of appreciation signed by the Mayor and City Manager.

 

     MOTION was made by Caserta, seconded and unanimously carried (Kolstad absent), that, per the Director of Planning and Inspection’s memo (04/21/15), the Council adopt Resolution No. 15-8228 entitled “A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA AUTHORIZING THE ADDITION OF THE PROPERTY LOCATED AT 1243 CIVIC CENTER DRIVE, SANTA CLARA, TO THE CITY’S LIST OF ARCHITECTURALLY OR HISTORICALLY SIGNIFICANT PROPERTIES” which authorizes the addition of the property located at 1243 Civic Center Drive to the City’s List of Architecturally or Historically Significant Properties.

 

     MOTION was made by Caserta, seconded and unanimously carried (Kolstad absent), that, per the Director of Parks and Recreation’s memo (04/20/15), the Council accept a donation in the amount of $20,000 (account 084-1114-59650-(A)20905) from the Santa Clara Women’s League and approval to appropriate the funds for the Health and Wellness Program at the Santa Clara Senior Center (account 084-1114-87500-(A)20905) and authorize the transmittal of a letter of appreciation signed by the Mayor and City Manager.

 

 

     MOTION was made by Caserta, seconded and unanimously carried (Kolstad absent), that, per the City Librarian’s memo (04/09/15), the Council accept estimated revenue of $12,000 in grant funds from Kaiser Permanente for the 2014 calendar year (account 072-1241-59650-(G)00460) for support of the Health and Wellness Collection at the Santa Clara City Library and approve an appropriation of the grant funds as follows:  $9,120 to Library Printing, Binding and Books (account 072-1241-87580-(G)00460) for adult library materials and $720 to Library Operating Supplies (account 072-1241-87500-(G)00460) for printing costs in Adult Services.

 

     MOTION was made by Caserta, seconded and unanimously carried (Kolstad absent), that, per the Director of Electric Utility’s memo (04/21/15), the Council approve and authorize the City Manager to execute a Call Agreement with Schweitzer Engineering Laboratories, Inc. and Call No. 15-1 for Professional Services in an amount not to exceed $250,000 for Substation Relay Addition and Upgrade of Silicon Valley Power Switching Station and Northern Receiving Station 230kV Substation.

 

     MOTION was made by Caserta, seconded and unanimously carried (Kolstad absent), that, per the Director of Planning and Inspection’s memo (04/22/15), the Council approve and authorize the City Manager to execute Amendment No. 2 to the Agreement with Plan Review Consultants, Inc., increasing the total not-to-exceed amount to $600,000 for temporary inspection and permit staff and plan reviews and approve a transfer of $300,000 from Building Inspection Reserves (account 063-44465) to the Building Inspection contractual services (account 001-5532-87870) to cover the costs.

 

     MOTION was made by Caserta, seconded and unanimously carried (Kolstad absent), that, per the Economic Development Officer/Assistant City Manager’s memo (04/29/15), the Council approve and authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Hulberg and Associates dba Valbridge Property Advisors to increase the total amount not to exceed $150,000 for as-needed real estate appraisal services.

 

     MOTION was made by Caserta, seconded and unanimously carried (Kolstad absent), that, per the Director of Electric Utility’s memo (04/21/15), the Council approve and authorize the City Manager to execute Call No. 15-2 for Professional Services with Electrical Consultants, Inc. in an amount not to exceed $783,883 for onsite representative, project management for the Phase Shifting Transformer Project.

 

 

     MOTION was made by Caserta, seconded and unanimously carried (Kolstad absent), that the Council note and file the Minutes of the Planning Commission for the meeting of March 4, 2015.

 

     MOTION was made by Caserta, seconded and unanimously carried (Kolstad absent), that the Council note and file the Minutes of the Board of Library Trustees for the meeting of August 4, 2014.

 

     MOTION was made by Caserta, seconded and unanimously carried (Kolstad absent), that the Council note and file the Minutes of the Board of Library Trustees for the meeting of October 6, 2014.

 

     MOTION was made by Caserta, seconded and unanimously carried (Kolstad absent), that the Council note and file the Minutes of the Board of Library Trustees for the meeting of November 3, 2014.

 

     MOTION was made by Caserta, seconded and unanimously carried (Kolstad absent), that the Council note and file the Minutes of the Board of Library Trustees for the meeting of December 1, 2014.

 

     MOTION was made by Caserta, seconded and unanimously carried (Kolstad absent), that, per the Director of Planning and Inspection’s memo (04/16/15), the Council approve the request submitted by Matt Hernandez of Standards of Excellence for a Special Permit to allow temporary banners for three months at 52 N. Winchester Boulevard, subject to conditions (PLN2015-11035).

 

     PUBLIC HEARING:  The Mayor declared the Public Hearing open for consideration of the Five-Year Consolidated Plan for program years 2015-16 through 2019-20 and the Annual Plan for program year 2015-16 for the Community Development Block Grant (CDBG) Program and the Home Investment Partnerships (HOME) Program.  The Deputy City Manager reviewed her memo (04/28/15) and answered Council questions.  Georgia Bacil addressed the Council on behalf of Senior Adults Legal Assistance (SALA) and made general comments.  Scott Lane addressed the Council with general comments.  With no further public input, MOTION was made by Caserta, seconded and unanimously carried (Kolstad absent), that the Council close the public hearing.  MOTION was then made by Caserta, seconded and unanimously carried (Kolstad absent), that the Council approve the Five-Year Consolidated Plan for program years 2015-16 through 2019-20 and the Annual Plan for program year 2015-16 for the Community Development Block Grant (CDBG) Program and the Home Investment Partnerships (HOME) Program and authorize the City Manager to execute and submit the documents to the United States Department of Housing and Urban Development.

 

 

 

     The Council proceeded to consider the Director of Human Resources’ memo (04/21/15) recommending the approval of the job description for Per Diem Dispatcher.  The Chief of Police answered Council questions.  MOTION was made by Davis, seconded and unanimously carried (Kolstad absent), that the Council approve the job description for Per Diem Dispatcher and set the pay rate at $40.00 per hour.

 

     The Council proceeded to consider the Director of Human Resources’ memo (04/29/15) recommending approval of an Agreement for the Performance of Services with Center for Public Safety Management, LLC.  The Chief of Police answered Council questions.  MOTION was made by Caserta, seconded and unanimously carried (Kolstad absent), that the Council approve and authorize the City Manager to execute an Agreement for the Performance of Services with Center for Public Safety Management, LLC in an amount not to exceed $75,000 to provide an organizational staffing assessment of all essential elements of the City of Santa Clara’s Police Department.

 

     Under Public Presentations, Kirk Vartan expressed comments regarding the development of the former Bay Area Research and Extension Center (BAREC) property at 90 North Winchester Boulevard. Scott Lane commented on the recent meetings concerning Montague Park. Bill Becker commented on the Soccer Park.  Carolyn McAllister expressed comments in support of Montague Park.

 

     The Council proceeded to consider the Director of Parks and Recreation’s memo (04/23/15) recommending approval of an Agreement for the Performance of Services with Pyro Spectaculars North, Inc.  The Assistant City Manager reviewed the memo and answered Council questions.  MOTION was made by Caserta, seconded and unanimously carried (Kolstad absent), that the Council approve the Agreement for Performance of Services with Pyro Spectaculars North Inc. in an amount not to exceed $60,000 for fireworks procurement, coordination and production services; approve appropriations of funds in the amount of $60,000 from account 210-1042-87870-(G)00216 and authorize the City Manager to execute all documents necessary and to make minor, non-substantive modifications, if necessary.

 

 

     MOTION was made by Caserta, seconded and unanimously carried (Kolstad 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 Caserta requested that an update regarding the Historic Preservation Ordinance be agendized for a future Council meeting.  Also, Mayor Matthews reported on the recent Eco Fair 2015 at Mission College, Pacific Autism Center for Education (PACE) School Occupational Therapy Playground Ribbon Cutting, Edward M. Dowd Art & Art History Building Groundbreaking, Groundwater Recharge Press Event, Footsteps2Brilliance meeting with Dr. Rose and Mr. Gregory, breakfast for the JW House, Relay for Life Kick Off and Silicon Valley Gives Day.  He also provided a handout on his attendance at other recent community events.

 

 

     The City Attorney reported that the Council 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; 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), A.C. v. City of Santa Clara, et al., United States District Court, Case No. C13-3276JCS; 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; 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 there was no reportable action.

 

 

     MOTION was made by Davis, seconded and unanimously carried (Kolstad absent), that, per the City Attorney’s memo (05/01/15), the Council set May 12, 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 Davis, seconded and unanimously carried (Kolstad absent), that, there being no further business, the Council adjourn the meeting at 8:58 pm in Memory of Udita Plaha (Wilcox High School and San Jose State University graduate who died at the age of 23) to Tuesday evening, May 12, 2015 at 6:00 pm for Interviews for the Historical and Landmarks Commission in the City Hall reception lobby and to a Closed Session in the Council Conference Room and at 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.

 

 

 

 ATTEST:  ________________________

                     City Clerk

 

 

 

 

APPROVE: ________________________

                     Mayor