City of Santa Clara
Meeting Minutes
Council and Authorities Concurrent Meeting
Draft
6:00 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
10/04/2022
The City of Santa Clara will be conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). Pursuant to Government Code Section 54953(e) and City of Santa Clara Resolution No. 22-9142, Councilmembers may teleconference from remote locations and the City continues to provide methods for the public to participate remotely:
• Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306 or
o Phone: 1(669) 900-6833
• Via the City’s eComment (now available during the meeting) • Via email to [email protected] (Comments received after 2:00 PM on the day of the meeting will be made part of the public record but will not be read out loud during the meeting). This email address will be disabled after the October 4, 2022 meeting. Comments will continue to be accepted through City’s eComment.
As always, the public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page.
6:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Mayor Gillmor called the meeting to order at 6:03 PM.
Roll Call
Closed Session - 6:00 PM | Regular Meeting - 7:00 PM
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Councilmember Kathy Watanabe, Councilmember Raj Chahal, Councilmember Karen Hardy, Councilmember Kevin Park, Vice Mayor Suds Jain, Councilmember Anthony Becker, and Mayor Lisa M.
Gillmor
Present: 7 -
1.A 22-1246 Conference with Real Property Negotiators (CC) Pursuant to Gov. Code § 54956.8
Property: 575 Pomeroy Avenue, Santa Clara, CA 95051-6131, APN:
293-09-005
City/Authority Negotiator: Rajeev Batra, City Manager (or designee) Negotiating Parties: Kilarney Farms Swim Center Inc.
Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms)
1.B 22-1254 Conference with Legal Counsel-Anticipated Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(2) - Exposure to litigation Number of potential cases: 1
Facts and Circumstances: Pursuant to Gov. Code § 54956.9(e)(1) - Not disclosed on agenda
1.C 22-1260 Conference with Labor Negotiators (CC)
Pursuant to Gov. Code § 54957.6
City representative: City Manager’s 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) Public Comment
Susan Hinton (eComment) expressed comments of commendation to the Fire Department in response to a fire.
22-1480 PUBLIC COMMENT POST MEETING MATERIAL
Convene to Closed Session (Council Conference Room)
Council convened to Closed Session at 6:04 PM.
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7:00 PM COUNCIL REGULAR MEETING
Call to Order
Mayor Gillmor called the regular meeting to order at 7:25 PM.
Pledge of Allegiance and Statement of Values
Council recited the Pledge of Allegiance.
Councilmember Chahal recited the Statement of Values.
Assistant City Clerk Pimentel recited the Statement of Behavioral Standards and AB 23 Announcement.
Assistant City Clerk Pimentel also noted that any registered Lobbyists speaking at a public meeting must identify themselves and whom they represent.
Mayor Gillmor called for a moment of silence in honor of William "Bill" Kelly (Retired Former Fire Chief) and Ted Rose (Retired Assistant Fire Chief).
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
Interim City Attorney Ngo noted that there was no reportable action from Closed Session.
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
None.
SPECIAL ORDER OF BUSINESS
2.A 22-831 Proclaim October 9-15, 2022 as Fire Prevention Week Mayor Gillmor proclaimed October 9-15 as Fire Prevention Week.
Beverly Molina (FireFighter, Paramedic, and Chief Diversity Equity and Inclusion Officer) provided comment recognizing Fire Prevention Week.
Council questions and comments followed.
Beverly Molina addressed Council questions.
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2.B 22-1202 Proclaim October 2022 as Breast Cancer Awareness Month Mayor Gillmor proclaimed October 2022 as Breast Cancer Awareness Month.
Kiana Mulqueeney (Senior Development Manager, American Cancer Society) accepted the proclamation and provided comments regarding the American Cancer Society.
2.C 22-1241 Proclaim October 2022 as Domestic Violence Awareness Month Mayor Gillmor proclaimed October 2022 as Domestic Violence Awareness Month.
Maitri (Domestic Violence Advocacy Organzation) accepted the proclamation.
Council comments followed.
CONSENT CALENDAR
Councilmember Chahal pulled Item 3.I.
A motion was made by Councilmember Becker, seconded by Vice Mayor Jain, to approve the balance of the Consent Calendar (except Item 3.I).
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor
7 -
3.A 22-28 Board, Commissions and Committee Minutes
Recommendation: Note and file the Minutes of:
Planning Commission - August 24, 2022
Senior Advisory Commission - August 22, 2022
Board of Library Trustees - August 17, 2022
A motion was made by Councilmember Becker, seconded by Vice Chair Jain, to approve staff recommendation.
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3.B 22-1072 Action on Bills and Claims Report (CC, HA) for the period August 13, 2022 - September 2, 2022
Recommendation: Approve the list of Bills and Claims for August 13, 2022 - September 2, 2022.
A motion was made by Councilmember/Commissioner Becker, seconded by Vice Mayor/Vice Chair Jain, to approve staff recommendation.
3.C 22-1105 Action on Historic Resource Inventory Property Designation and Historical Preservation Agreement (Mills Act) for 633 Park Court
Recommendation: 1. Approve the addition of the property located at 633 Park Court to the City’s HRI; and
2. Authorize the City Manager to execute a Mills Act Contract and adopt the 10-Year Restoration and Maintenance Plan associated for the property at 633 Park Court.
A motion was made by Councilmember Becker, seconded by Vice Chair Jain, to approve staff recommendation.
3.D 22-1185 Action on a Resolution Approving a Purchase and Sale Agreement for an Easement on the Memorex Junction Transmission Line Extension Project Recommendation: 1. Adopt the Resolution approving the purchase of an overhead electric easement at 1040 Di Giulio Avenue [224-05-093] and authorize the City Manager to execute the related Purchase and Sale Agreement and accept associated easement deed; and
2. Authorize the easement deed to be recorded in the Office of the County Clerk-Recorder of the County of Santa Clara.
A motion was made by Councilmember Becker, seconded by Vice Chair Jain, to adopt Resolution No. 22-9144 approving the purchase of an overhead electric easement at 1040 Di Giulio Avenue [224-05-093] and authorize the City Manager to execute the related Purchase and Sale Agreement and accept associated easement deed; and authorization for the recordation of the Resolution.
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3.E 22-991 Action on Award of Contract to Ray’s Electric, Inc. and Amendment No. 1 to the Agreement with CSG Consultants, Inc. for the Uncontrolled Crosswalks Improvements Project
Recommendation: 1. Award the Public Works Contract for the Uncontrolled Crosswalks Improvements project to the lowest responsive and responsible bidder, Ray’s Electric, Inc, in the amount of $1,883,055, and authorize the City Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of this Project;
2. Authorize the City Manager to execute change orders up to approximately 15 percent of the original contract price, or $282,460, for a total not to exceed amount of $2,165,515;
3. Authorize the City Manager to execute Amendment No. 1 to the Agreement with CSG Consultants, Inc. to extend the term to December 31, 2023 and increase the maximum compensation to $171,222; and
4. Authorize the City Manager to make minor modifications to the CSG Consultants, Inc. Agreement if needed and to extend the term.
A motion was made by Councilmember Becker, seconded by Vice Mayor Jain, to approve staff recommendation.
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3.F 22-166 Action to Delegate Authority to the City Manager to Negotiate and Execute Amendments to Agreements for Design Professional Services for Silicon Valley Power’s System Capacity Expansion Planning Including Plan Implementation and General Consulting Services
Recommendation: 1. Authorize the City Manager to negotiate and execute amendments to Agreements for Design Professional Services for Silicon Valley Power’s System Capacity Expansion Planning with an additional aggregate maximum compensation of $17 million, subject to the appropriation of funds for the following:
A. For general consulting services with:
1). Advisian Worley Group
2). TRC Solutions, Inc.
3). Leidos Engineering, LLC
4). Flynn Resource Consultants, Inc.
5). EN Engineering LLC
B. For plan implementation services with:
1). 1898 & Co.
2). TRC Solutions, Inc.
3). Electrical Consultants, Inc.
4). AECOM Technical Services, Inc.
5). Stantec Consulting Services Inc.; and
2. Authorize the City Manager to:
A. Execute amendments to extend the term of the Agreements if required to complete projects initiated during their term; B. Negotiate and execute amendments to add or delete services consistent with the scope of the agreements and allow future rate adjustments subject to request and justification by contractor, approval by the City, and the appropriation of funds; and C. Take such actions as necessary or advisable to implement the agreements as amended.
A motion was made by Councilmember Becker, seconded by Vice Mayor Jain, to approve staff recommendation.
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3.G 22-989 Action to Waive First Reading and Introduce an Ordinance Amending Chapter 12.35 (“Trees and Shrubs”) of Title 12 (“Streets, Sidewalks and Public Places”) of “The Code of the City of Santa Clara, California” to Modify the Process for Violation Appeals
Recommendation: Waive First Reading and Introduce an Ordinance Amending Chapter 12.35 “Trees and Shrubs” of Title 12 “Streets, Sidewalks and Public Places” of “The Code of the City of Santa Clara, California” to Modify the Process for Violation Appeals.
A motion was made by Councilmember Becker, seconded by Vice Mayor Jain, to pass to print Ordinance No. 2052, Amending Chapter
12.35 “Trees and Shrubs” of Title 12 “Streets, Sidewalks and Public Places” of “The Code of the City of Santa Clara, California” to Modify the Process for Violation Appeals.
3.H 22-1010 Action on a Resolution Extending AB 361 Implementation to Allow City Legislative Bodies to Hold Public Meetings Solely by Teleconference or Otherwise Electronically During the Governor’s Proclaimed COVID State of Emergency
Recommendation: Adopt a Resolution finding the existence of the need to extend AB 361 implementation to allow the City’s legislative bodies to hold public meetings solely by teleconference or otherwise electronically pursuant to AB 361.
A motion was made by Councilmember Becker, seconded by Vice Mayor Jain, to adopt Resolution No. 22-9145, finding the existence of the need to extend AB 361 implementation to allow the City’s legislative bodies to hold public meetings solely by teleconference or otherwise electronically pursuant to AB 361.
PUBLIC PRESENTATIONS
None.
CONSENT ITEMS PULLED FOR DISCUSSION
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3.I 22-1108 Update on a Written Petition to Consider Traffic Calming Measures on Cabrillo Avenue
Recommendation: Note and File the Update on a Written Petition to Consider Traffic Calming Measures on Cabrillo Avenue.
Councilmember Chahal pulled this item for further discussion.
Council comments followed.
A motion was made by Councilmember Chahal, seconded by
Councilmember Park, to note and file the Update on a Written Petition to Consider Traffic Calming Measures on Cabrillo Avenue.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor
7 -
PUBLIC HEARING/GENERAL BUSINESS
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4. 22-1258 Report on a Written Petition (Council Policy 030) Submitted by Councilmember Anthony Becker Regarding Letter Sent by Mayor Gillmor to Governor Newsom Regarding Department of Industrial Relations Investigation on Prevailing Wage Claims on the Related Santa Clara Project
Recommendation:
There is no staff recommendation.
Councilmember Becker began the discussion and provided a verbal report on the Written Petition submitted by him regarding a letter sent by Mayor Gillmor to Governor Newsom Regarding Department of Industrial Relations Investigation on Prevailing Wage Claims on the Related Santa Clara Project.
Ruth Shikada (City Manager's Office) provided a verbal report.
Interim City Attorney Ngo addressed Council comments.
Council comments and questions followed.
Interim City Attorney Ngo addressed Council comments.
Council discussion ensued.
Public Speaker(s): Nicole Goehring Susan Hinton (eComment) Debbie Algieri Blaine Caya (E-Mail)
Ding Ding TV Gary Shandalov (E-Mail)
Deborah Philip Carnathan (E-Mail)
Lee Broughman Paolo Degrassi (E-Mail)
Robert Singleton Ryan Cavanagh (E-Mail)
Adam Thompson Terry James (E-Mail)
Larry McColloch Osama Martell (E-Mail)
Albert Lustre
Lee Strieb
Tim Thompson
Joseph J. Albanese (E-Mail)
Mike Fisher (E-Mail)
Gary Ferraris
Public Speaker (1) Steve Eimer
Council comments and questions followed.
Interim City Attorney Ngo addressed Council questions.
Council discussion ensued.
A motion was made by Councilmember Hardy, seconded by
Councilmember Chahal, to direct this item to Governance & Ethics Committee for policy review.
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Aye: Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor 6 -
Nay: Councilmember Watanabe1 -
Council comments and questions followed regarding scheduling Governance and Ethics Committee meeting.
Interim City Attorney Ngo and City Manager Batra addressed Council questions.
Council comments followed.
Public Speaker(s): Lee Broughman
WRITTEN PETITION (COUNCIL POLICY 030) REQUESTS SUBMITTED BY THE
PUBLIC/COUNCIL
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5. 22-1244 Action on a Written Petition (Council Policy 030), Submitted by Teresa O’Neill Requesting to Place an Agenda Item on a Future Council Meeting for a Public Review of the Settlement Agreement and Mutual Release dated August 31, 2022 between the City of Santa Clara, the Santa Clara Stadium Authority, and the 49er Football Team Entities
Recommendation:
Staff makes no recommendation.
Items 5 & 6 have similar topics and was heard simultaneously.
Written Petitioner Teresa O'Neill provided a verbal report on her request for a public review of the Settlement Agreement and Mutual Release dated August 31, 2022 between the City of Santa Clara, the Santa Clara Stadium Authority, and the 49er Football Team Entities.
A motion was made by Councilmember Watanabe, seconded by Mayor Gillmor, to agendize this written petition combined with agenda Item #6 030 submitted by Vice Mayor Jain to be heard at either the Council meeting of October 18th or November 1st.
Council questions and comments followed.
City Manager Batra and Interim City Attorney Ngo addressed Council questions.
Public Speaker(s): Deborah
Lee Broughman
Teresa O'Neill
Susan Hinton (eComment)
Vice Mayor Jain read his written petition (Item 6) requesting to set a Study/Briefing Session for the public in which the terms of the Settlement Agreement are discussed as well as presentation of sources of revenues, to include an explanation of the Waterfall through which money flows as well as the rate at which the various Loans are being paid off.
A substitute motion was made by Councilmember Becker, seconded by Councilmember Hardy, to make the settlement agreement accessible on the website for the public, schedule a study session in the future following completion of any pending litigation with the 49ers.
Vice Mayor Jain requested a friendly amendment to the substitute motion to return the study session either at the end of the litigation and or before January 31, 2023.
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Councilmember Becker did not accept the friendly amendment.
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to consider the substitute motion.
Aye: Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, and Councilmember Becker
5 -
Nay: Councilmember Watanabe, and Mayor Gillmor2 -
Council comments followed.
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to make the settlement agreement
accessible on the website for the public, schedule a study session in the future following completion of any pending litigation with the San Francisco 49ers limited to the buffet and public safety cost.
Aye: Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, and Councilmember Becker
5 -
Nay: Councilmember Watanabe, and Mayor Gillmor2 -
6. 22-1250 Action on a Council Written Request (Council Policy 030) Submitted by Vice Mayor Jain Requesting to Place an Agenda Item at a Future Council Meeting to Set a Study/Briefing Session for the Public in which the Terms of the Settlement Agreement are Discussed as well as Presentation of Sources of Revenues, to include an explanation of the Waterfall through which Money Flows as well as the Rate at which the various Loans are being Paid Off
Recommendation:
Staff makes no recommendation.
Items 5 & 6 have similar topics and was heard simultaneously.
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REPORTS OF MEMBERS AND SPECIAL COMMITTEES
Mayor Gillmor reported a great Parade of Champions and commended all in involved in putting on the event.
Councilmember Becker reported a successful Parade of Champions and commended Parade of Champions Committee and Ana Vargas Smith for her leadership.
Councilmember Park reported on the new exhibit, book club, and Poetry Picnic at the Triton Museum of Art.
Councilmember Hardy reminded the community that we are still in a water drought and take actions to conserve water.
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
None.
ADJOURNMENT
The meeting was adjourned at 10:39 PM.
A motion was made by Councilmember Becker, seconded by
Councilmember Chahal, to adjourn the meeting.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor
7 -
The next regular scheduled meeting is on Tuesday, October 18, 2022 in the City Hall Council Chambers.
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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); Bayshore North Project Enhancement Authority (BNPEA); Public Facilities Financing Corporation (PFFC)
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.
Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.
Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.
MEETING DISCLOSURES
City of Santa Clara
Meeting Minutes
Planning Commission
DRAFT
6:00 PM City Hall Council Chambers and via Zoom11/09/2022 The City of Santa Clara will be conducting Planning Commission meetings in a hybrid manner (in-person and virtual attendance). Pursuant to Government Code Section 54953(e) and City of Santa Clara Resolution 22-9150, Commissioners may teleconference from remote locations. The City continues to provide methods for the public to participate remotely:
• Via Zoom:
o https://santaclaraca.zoom.us/j/91729202898 Webinar ID: 917 2920 2898 or o Phone: 1(669) 900-6833
• Via the City’s eComment (available during the meeting) The public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page.
Public Comments prior to meeting may be submitted via email to [email protected] no later than noon on the day of the meeting; (Comments received after 12:00 PM on the day of the meeting will be made part of the public record but will not be read out loud during the meeting) and also before and during the meeting via eComment. Clearly indicate the project address, meeting body, and meeting date in the email.
PUBLIC PARTICIPATION IN ZOOM WEBINAR: Please follow the guidelines below when participating in a Zoom Webinar:
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- The meeting will be recorded so you must choose 'continue' to accept and stay in the meeting. - If there is an option to change the phone number to your name when you enter the meeting, please do so as your name will be visible online and will be used to notify you that it is your turn to speak.
- Mute all other audio before speaking. Using multiple devices can cause an audio feedback. - Use the raise your hand feature in Zoom when you would like to speak on an item and lower when finished speaking. Press *9 to raise your hand if you are calling in by phone only. - Identify yourself by name before speaking on an item. - Unmute when called on to speak and mute when done speaking. If there is background noise coming from a participant, they will be muted by the host. Press *6 if you are participating by phone to unmute.
- If you no longer wish to stay in the meeting once your item has been heard, please exit the meeting.
6:00 PM REGULAR MEETING
Call to Order
Chair Cherukuru called the meeting to order at 6 p.m.
Pledge of Allegiance and Statement of Values
Secretary Bhatnagar read the Statement of Values
Roll Call
Commissioner Yashraj Bhatnagar, Commissioner Nancy A. Biagini, Chair Priya Cherukuru, Vice Chair Ricci Herro, Commissioner Qian Huang, Commissioner Mario Bouza, and Commissioner Lance Saleme
Present 7 -
DECLARATION OF COMMISSION PROCEDURES
Secretary Bhatnagar read the Declaration of Procedures
CONTINUANCES/EXCEPTIONS
None.
CONSENT CALENDAR
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1.A 22-505 Planning Commission Meeting Minutes of October 26, 2022 Meeting Recommendation: Approve the Planning Commission Minutes of the October 26, 2022 Meeting
Commissioner Biagini announced she was absent from the previous meeting but had reviewed the meeting video and would be voting on the consent item.
Commissioner Herro abstained from voting because he was not at the previous meeting and also announced that he was attending the meeting via his phone since he was having problems with Zoom.
Chair Cherukuru thanked staff for a thorough job on the meeting minutes.
A motion was made by Commissioner Bouza, seconded by
Commissioner Biagini to approve the consent calendar.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
6 -
Abstained: Vice Chair Herro1 -
PUBLIC PRESENTATIONS
None.
PUBLIC HEARING
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2. 22-1114 Action on an Architectural Review, Significant Property Alteration (SPA) Permit, and a Variance request and a Class 3 CEQA Categorical Exemption to convert an existing detached two-story structure into an Accessory Dwelling Unit (ADU) and garage at 1184 Washington Street Recommendation: Adopt a Class 3 Categorical Exemption Under CEQA Guidelines Section 15303; adopt a resolution to approve the Architectural Review; approve a Significant Property Alteration (SPA) permit; and adopt a resolution approving the variance to allow a 22’-6” building height for a detached accessory dwelling unit (ADU) where 16 feet is the maximum height allowed for the detached ADU’s in R1-6L, Single-family Residential Zoning District for the property located at 1184 Washington Street, subject to Conditions of approval.
Associate Planner Nimisha Agrawal provided the staff PowerPoint presentation.
Commissioners asked question regarding varying heights throughout the neighborhood and about the historic significance of the property and preservation of specific features. Staff clarified that the plans would maintain the historical integrity of the property.
Applicant Rob Mayer provided information on the project.
A motion was made by Commissioner Biagini, seconded by
Commissioner Bouza to close public hearing.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Chair Cherukuru, Vice Chair Herro, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
7 -
A motion was made by Commissioner Saleme, seconded by
Commissioner Biagini to approve the
Architectural Review.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Chair Cherukuru, Vice Chair Herro, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
7 -
A motion was made by Commissioner Biagini, seconded by
Commissioner Saleme to approve the SPA Permit.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Chair Cherukuru, Vice Chair Herro, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
7 -
A motion was made by Commissioner Biagini, seconded by
Commissioner Bhatnagar to adopt a resolution to approve the variance.
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Aye: Commissioner Bhatnagar, Commissioner Biagini, Chair Cherukuru, Vice Chair Herro, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
7 -
3. 22-1313
Action on a Variance to the Rear Accessory Building Setback and the Accessory Building Setback from the Main Building, in Order to Allow a 68 square foot accessory building in the rear of a Single-Family Residence at 2121 Sheraton Drive; and Action on a Class 1(e) CEQA Categorical Exemption
Recommendation:
Decline to utilize a Class 1 CEQA Categorical Exemption under CEQA Guidelines Section 15301(e)(2) and adopt a resolution to deny the Variance to the Rear Accessory Building Setback and the Accessory Building Setback from the Main Building for a 68 square foot hobby hut Associate Planner Daniel Sobzak provided the staff PowerPoint.
Commissioners inquired as to why this item was being presented to the Planning Commission and staff clarified this was a inquiry from the public that prompted a code violation. Commissioners noted that the there is no safety hazard for this project as noted by staff in the PCC meeting minutes.
Applicant/Homeowner Jim Horner provided a presentation and clarified the structure was originally a dilapidated shed and also showed a slide with similar rear units throughout the neighborhood that also violate city code.
Public Speaker:
Anndeathrin Chatterjee spoke in opposition of the project Grace Duran spoke in favor of the project
Assistant City Attorney Alexander Abbe clarified that land use decisions are largely non-precedential and that approval of the variance for this property would not obligate the City to approve a variance for a different lot.
A motion was made by Commissioner Saleme, seconded by
Commissioner Biagini to close public hearing.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Chair Cherukuru, Vice Chair Herro, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
7 -
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A motion was made by Commissioner Biagini, seconded by
Commissioner Bouza, to approve the variance with the following four findings and to bring the approval resolution to the December 7, 2022 meeting as a consent item.
1. That unusual conditions apply to the land or building, in that the project site is trapezoidal and the existing landscaping and building configuration limit options for the location of the storage shed
2. That the granting of the variance is necessary for the preservation and enjoyment of the substantial property rights of the owner, in that relocating the storage shed would be infeasible, given the shape and configuration of the lot, without adverse impacts such as blocking windows and disturbing the homeowner’s considerable investment in the existing landscaping
3. That granting a variance shall not materially affect the health, safety, peace, comfort or general welfare of the persons or property in the neighborhood of the owner’s property, given that the project site has been occupied by a shed in the same location in prior years with no adverse effects, and the neighborhood is full of similar structures.
4. That granting a variance is in keeping with the intent and purpose of the zoning ordinance, in that the zoning ordinance recognizes that practical difficulties that could result from strict application of the Code’s standards justify departure from those standards
Aye: Commissioner Bhatnagar, Commissioner Biagini, Chair Cherukuru, Vice Chair Herro, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
7 -
11/09/2022Planning Commission Meeting Minutes
4. 22-1049 Study Session: Discussion of Land Use Topics to Recommend to the City Council for Council Consideration
Meeting went into Recess 8:00 p.m. and reconvened at 8:08 p.m.
Planning Manager Lesley Xavier provided a staff PowerPoint of Land Use topics that Commissioners previously brought forward for discussion in February 2022 and outlined new the topics submitted by Commissioners recently for this meeting. The list of Land Use Topics are to be presented to City Council for their consideration.
Commissioners had a robust discussion on the different topics and asked staff to streamline the list of topics for future discussion. Staff will provide an updated list at a future Planning Commission meeting for further review and finalization of the list.
REPORTS OF COMMISSION/BOARD LIAISON AND COMMITTEE:
1. Announcements/Other Items
Chair Cherukuru congratulated the incumbents who won their Council seats in the recent election, Councilmembers Hardy and Chahal.
2. Commissioner Travel and Training Reports, Requests to attend Trainings Planning Manager Lesley Xavier outlined the City Travel Policy and clarified there is a process to request an exception to the overnight accommodation policy should the Commission wish to make a request on this policy for local travel.
Commissioners spoke regarding the difference between mileage and time and the effect this has on serious commute issues and that the City's Travel Policy which stipulates 50 miles as the threshold to determine 'local' travel which determines whether or not overnight accommodations are allowed. Commissioners also spoke about the fact that they are volunteers seeking training to better serve the City and believe the Travel Policy should be reviewed and recommendations made on the specific issue of 'local travel' requirements/threshold for overnight accommodations.
Commissioners requested that staff take the steps to initiate an exception to the Travel Policy for overnight accommodations for this conference.
11/09/2022Planning Commission Meeting Minutes
1. 22-1372 CLE CEQA Conference- December 15-16, 2022 in San Francisco, CA Recommendation: Determine Commissioner attendance at upcoming Conference and vote to expend funds for registration and associated costs A motion was made by Commissioner Saleme, seconded by
Commissioner Bhatnagar to expend funds for Commissioners to attend the CLE CEQA Conference and that staff request an exception to the City's Travel Policy for Local travel to allow for overnight hotel accommodations. Commissioner requesting to attend are:
Saleme
Biagini
Bouza
Cherukuru
Aye: Commissioner Bhatnagar, Commissioner Biagini, Chair Cherukuru, Vice Chair Herro, Commissioner Huang,
Commissioner Bouza, and Commissioner Saleme
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DIRECTOR OF COMMUNITY DEVELOPMENT REPORTS:
1. Planning Commission Budget Update
Staff Aide II Elizabeth Elliott provided budget updates.
2. Upcoming Agenda Items
Planning Manager Lesley Xavier provided updates.
3. City Council Actions
ADJOURNMENT:
The meeting adjourned at 9:09 p.m. The next regular scheduled meeting is December 7, 2022.
11/09/2022Planning Commission Meeting Minutes
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.
If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.
Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.
Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.
Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.
City of Santa Clara
Meeting Minutes
Parks & Recreation Commission
Draft
7:00 PM Virtual Meeting11/15/2022
Pursuant to California Government Code Section 54953(e) and City of Santa Clara Resolution 22-9150, the Parks & Recreation Commission meeting will be held by teleconference only. No physical location will be available for this meeting; however, the City of Santa Clara continues to have methods for the public to participate remotely:
Via Zoom:
https://santaclaraca.zoom.us/j/91316665755
Meeting ID: 913 1666 5755 or
Phone: (669) 900-6833
CALL TO ORDER AND ROLL CALL
Vice Chair Caldwell called the meeting to order at 7:05 PM.
Vice Chair Dana Caldwell, Commissioner Maureen Chu,
Commissioner Burt Field , Commissioner Eversley Forte,
Commissioner Sajid Hai, and Commissioner Brittany Ricketts Present 6 -
Chair Kelly CoxAbsent 1 -
Comissioner Chu made a motion, seconded by Commissioner Hai to excuse Chair Cox.
Aye: Vice Chair Caldwell, Commissioner Chu, Commissioner Field , Commissioner Forte, Commissioner Hai, and Commissioner Ricketts 6 -
Excused: Chair Cox1 -
CONSENT CALENDAR
Commissioner Field abstained from voting on item 1.B. of the Consent Calendar.
Commissioner Forte made a motion, seconded by Commissioner Field to approve the Consent Calendar.
Aye: Vice Chair Caldwell, Commissioner Chu, Commissioner Field , Commissioner Forte, Commissioner Hai, and Commissioner Ricketts 6 -
11/15/2022Parks & Recreation Commission Meeting Minutes Excused: Chair Cox1 -
1.A 22-1327 Action on the Parks & Recreation Commission Minutes of the October 18, 2022 Meeting
Recommendation: Approve the Parks & Recreation Commission Minutes of the October 18, 2022 Meeting.
1.B 22-1343
Consider a Request from the Santa Clara Youth Soccer League for a Financial Grant in the Amount of $6,693 from the Wade Brummal Youth Sports Grant Program
Recommendation:
Approve the SCYSL request for a Wade Brummal Youth Sports Grant in the amount of $6,693.
PUBLIC PRESENTATIONS
Mr. Lu, a member of the public attended the meeting. He spoke about the speed of scooters along the San Tomas Aquino Trail as a point of concern that should be addressed in the future.
Julie Corrigan, the Santa Clara Swim Club Team Manager attended the meeting and expressed her appreciation to Commission and staff for maintaining the pools. She supports the concepts to the Central Park Master Plan, and having a 50 meter pool that is also part of the Central Park Master Plan. She is looking forward to getting the Mary Gomez Park pool up and running soon as there are 700 hundred kids in swim programs there.
GENERAL BUSINESS
2. 22-1326 Consideration of the Schematic Design - Master Plan for the New Public Neighborhood East Park at 5155 Stars & Stripes Drive (Related Urban) Recommendation:
Recommend that Council approve the proposed Schematic Design - Master Plan for the East Neighborhood Park to be located at 5155 Stars & Stripes Blvd.
The Commission received additional input from the public about the need to design the park for recreation purposes and transportation/bicycles, and to judiciously use the right trees in the right place in the design, which the Commission took into consideration in reviewing the Schematic Design.
The Schematic Design is prioritized for recreational usage for the community. The usage of drought tolerant trees and plantings conforms with the approved Related City Place Project.
Commissioner Forte made a motion, seconded by Commissioner Chu to recommend approval of the Schematic Design - Master Plan for the new public neighborhood East Park at 5155 Stars & Stripes Drive (Related Urban).
11/15/2022Parks & Recreation Commission Meeting Minutes
Aye: Vice Chair Caldwell, Commissioner Chu, Commissioner Field , Commissioner Forte, Commissioner Hai, and Commissioner Ricketts 6 -
Excused: Chair Cox1 -
3. 22-1356 Initiate Community Input Process for the proposed Schematic Design for a New Public Mini Park at 3000 Patrick Henry Drive (SummerHill - Patrick Henry Drive Specific Plan)
Recommendation: Provide input on a proposed Schematic Design for a New Mini Park to be located at 3000 Patrick Henry Drive.
The Commission provided feedback about community input and encouraged the public to take advantage of opportunities to participate in surveys and meetings for the new public Mini Park at 3000 Patrick Henry Drive. Flyers about this project will be available at the Tree Lighting Ceremony on December 2. There will be a virtual public meeting for this project at 6:30 PM on December 12. Detailed information will be available on the Park Projects webpage. As a standard practice, the Department's social media channels will publicize the outreach efforts. In addition, Director Teixeira provided a summary to give the Commission context about the location of the new Mini Park, which will be immediately adjacent to the proposed art center that the commission will review at an upcoming meeting. The Mini Park consists of active recreational spaces. The two spaces will function synergistically to provide a unique experience for patrons.
Commissioner Chu made a motion, seconded by Commissioner Field to initiate the community input process for the proposed schematic design for the new public mini park at 3000 Patrick Henry Drive.
Aye: Vice Chair Caldwell, Commissioner Chu, Commissioner Field , Commissioner Forte, Commissioner Hai, and Commissioner Ricketts 6 -
Excused: Chair Cox1 -
11/15/2022Parks & Recreation Commission Meeting Minutes
4. 22-1328 Parks & Recreation Commission Work Plan Goals for FY2022/23 Recommendation: Report on activities and efforts in support of the Commission’s Work Plan Goals for FY 2022/23.
Work Plan Goals:
A: 1) Review park site and facility condition assessments and recommend priorities given existing and anticipated service levels and available resources;
Subcommittee: Vice Chair Caldwell, Commissioner Field, and Chair Cox.
Status as of 11/15/2023: The subcommittee had an enlightening meeting with Parks & Recreation Department staff at City Hall for a holistic review of park projects that included current status, funding, timelines, deficiencies, etc. which will assist the subcommittee in recommending the prioritization of projects. They learned more about the aged and failing infrastructure within the park system and the importance of updating the facility condition assessment planned for 2023. The subcommittee received feedback from Mr. Gupta (affiliated with the Santa Clara Swim Club) regarding support for the Central Park Master Plan particularly in the context of having a new swim center given the failing infrastructure of the International Swim Center. Families involved with swimming programs have a vested interest in becoming more involved in supporting efforts to see the Central Park Master Plan executed.
B: 1) Review and solicit community input on the existing City park rehabilitation projects based on the current Capital Improvement Program (CIP) Budget and schedule; and 2) Review residential developer proposed schematic designs for new neighborhood parks that serve new residential development;
Subcommittee: Commissioner Chu and Commissioner Hai.
Status as of 11/15/2023: B1. The subcommittee plans to increase community input through neighborhood Facebook groups for the proposed Schematic Design for he new Mini Park at 3000 Patrick Henry Drive. B2. Subcommittee is pleased to see the Commission approve the new public neighborhood park at 5155 Stars & Stripes Drive.
C: 1) Host and develop recommendations for the annual Santa Clara Art & Wine Festival 2023; and 2) participate in Citywide Special events; and Status as of 11/15/2023: No update,.
D: 1) Partner with at least one other City commission to build on/expand at least one existing Parks & Recreation event by adding one extra element for patrons to interact with during the event.
Subcommittee: Commissioner Forte and Commissioner Ricketts.
11/15/2022Parks & Recreation Commission Meeting Minutes Status as of 11/15/2023: Commissioner Forte met with the Cultural Commission and the Youth Commission respectively on December 7 and 8. The Cultural Commission was receptive to collaborating and learning more about adding a multicultural market to one of the summer concert series or one of the holiday events. The Youth Commission was very receptive to collaborating on special events to increase youth attendance at Parks & Recreation events. They provided many ideas, which the subcommittee will be reviewing and sharing with the Commission at an upcoming meeting.
Commissioner Forte made a motion, seconded by Commissioner Chu to remove the word commission in the term "Parks &
Recreation Commission" as follows for Work Plan Goal D 1) Explore and partner with at least one other City commission to build on/expand at least one existing Parks & Recreation event by adding one extra element for patrons to interact with during the event.
Aye: Vice Chair Caldwell, Commissioner Chu, Commissioner Forte, Commissioner Hai, and Commissioner Ricketts
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Excused: Chair Cox1 -
Abstained: Commissioner Field1 -
11/15/2022Parks & Recreation Commission Meeting Minutes
STAFF REPORT
Deputy Director Seale provided and update on Warburton Park Playground Rehabilitation Project and Henry Schmidt Park Playground Rehabilitation Project which will be coming to the Commission in the new year to initiate community input in developing the master plan and schematic design for both parks. The forensic engineering study for the International Swim Center Request for Proposal (RFP) in light of its failed infrastructure is expected to commence in early 2023. The construction phase for the City Plaza Park Gazebo Project is expected to start in late November. The Westwood Oaks Park Playground Rehabilitation Project is at 100% PS&E and is undergoing final interdepartmental review ahead of the project going out to bid. He encouraged the public and commissioners to visit the Parks Projects webpage to keep up to date on all major park projects. The Mary Gomez Park pool is down due to the plastering of the pool dislodging as a result of its aged infrastructure and extensive use. The Department continues to work on addressing this issue and is seeking professional input in considering re-plastering of the pool surface.
Manager Castro provided the Recreation Division update to the Commission. Staff attended the California Parks & Recreation Society Mini Conference in early November for professional development.The Senior Center natatorium is open for four days per week for indoor aquatic activities, and drop in swimming, along with exercise classes. She encouraged commissioners to attend and to be on stage for the Holiday Tree Lighting Event in Central Park on Friday December 2, which will honor the late former Fire Chief Bill Kelly. The Community Recreation Center, Youth Activity Center and Teen Center will be closed for budgetary reasons. Cultural activities are being planned for next year particularly after Commissioner Forte attended meetings with sister Parks & Recreation commissions regarding collaboration in planning events.
11/15/2022Parks & Recreation Commission Meeting Minutes
COMMISSIONERS REPORT
Commissioner Chu: She noted that Henry Schmidt Park has important amenities such as the EV charging stations in the off-street parking lot and that the City has several parks with EV charging stations. She visited Harris Lass House and found that it has a beautiful garden, which has potential for recreation programs.
Commissioner Hai: Visited Earl Carmichael Park and walked through Westwood Oaks Park.
Commissioner Field: Received input from a park patron regarding how well Machado Park playground was rehabilitated, and complemented city staff on the success of the project. He has been visiting Maywood Park regularly.
Commissioner Forte: Visited and worked out at Henry Schmidt Park. He attended the Cultural Commission and the Youth Commission meetings and spoke about collaborating with each commission on planning special events.
Commissioner Ricketts: She has been working closely with Commissioner Forte in developing strategies on the work plan goals and working with other commissions on special events. She's been continually visiting Henry Schmidt Park and is looking forward to future improvements there.
Vice Chair Caldwell: He has been enjoying visiting Maywood Park and keeping the park clean particularly after usage of the park by park patrons.
ADJOURNMENT
Commissioner Chu made a motion, seconded by Commissioner Forte to adjourn the meeting at 8:50 PM until the next Parks & Recreation Commission meeting at 7:00 PM on January 17, 2023.
Aye: Vice Chair Caldwell, Commissioner Chu, Commissioner Field , Commissioner Forte, Commissioner Hai, and Commissioner Ricketts 6 -
Excused: Chair Cox1 -
MEETING DISCLOSURES
11/15/2022Parks & Recreation Commission Meeting Minutes 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.
If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.
Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.
Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.
Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.