City of Santa Clara
Joint Meeting Minutes
Council and Authorities Concurrent &
Santa Clara Stadium Authority Meeting
Draft
4:30 PM Virtual Meeting
Closed Session 4:30 PM
Open Session 7:00 PM
09/28/2021
Pursuant to the provisions of California Governor’s Executive Order N-08-21, issued on June 11, 2021, to prevent the spread of COVID-19, the City of Santa Clara has implemented 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]
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.
4:30 PM CLOSED SESSION
Call to Order
Mayor/Chair Gillmor called the meeting to order at 4:31 PM.
Roll Call
Council/Boardmember Kathy Watanabe, Vice Mayor/Chair Raj Chahal, Council/Boardmember Karen Hardy, Council/Boardmember Kevin Park, Council/Boardmember Suds Jain, Council/Boardmember Anthony Becker, and Mayor/Chair Lisa M. Gillmor
Present: 7 -
Public Comment
None.
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1.A 21-1287 Public Employee Appointment (Government Code Section 54954, subd. (e))
Title: Interim City Attorney
1.B 21-927
Threat to Public Services or Facilities (CC, SA)
Pursuant to Gov. Code § 54957(a)
Consultation with: Assistant Police Chief, Santa Clara Police Department
1.C 21-2259
Conference with Legal Counsel-Existing Litigation (SA)
Pursuant to Gov’t Code § 54956.9(d)(1)
Forty Niners SC Stadium Company LLC, et al., v. Santa Clara Stadium Authority, Demand for Arbitration through JAMS (ref. no. 1110024318), 06/14/2019
1.D 21-1316
Conference with Legal Counsel-Existing Litigation (CC)
Pursuant to Gov. Code § 54956.9(d)(1)
Omar Gomez v. City of Santa Clara, et al., United States District Court, Northern District of California Case No. 5:19-cv-05266-LHK Convene to Closed Session
Council/Board convened to Closed Session at 4:33 PM and reconvened the meeting a 7:36 PM.
7:00 PM JOINT COUNCIL/STADIUM MEETING
Pledge of Allegiance and Statement of Values
Council/Board recited the Pledge of Allegiance.
Council/Boardmember Hardy recited the Statement of Values.
Assistant City Clerk/Secretary Pimentel recited the AB 23 Announcement and Behavioral Standards.
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
City Manager Santana noted the following items are time-sensitive:
Items: 4.E, 4.F, 4.G, 4.J, 4.L, 4.R, 4.U, 5, 6, and 9.
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REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
STUDY SESSION
2. 21-1070
Mayor Gillmor noted that there was no reportable action from Closed Session on Item 1.A.
Chief Assistant City Attorney Reuter noted that there was no reportable action from Closed Session for Items 1.B, 1.C, and 1.D.
Acceptance of the Preferred Framework Plan for the Downtown Precise Plan.
Recommendation: Accept the Preferred Framework Plan for the Downtown Precise Plan.
Alternative: Do not accept the Preferred Framework Plan for the Downtown Precise Plan and direct staff to make modifications.
Mayor Gillmor recused herself from this item due to a potential conflict of interest as her office is in Franklin Square Mall.
Councilmember Jain recused himself from this item due to a potential conflict of interest as his wife works for Santa Clara University.
Vice Mayor Chahal presided over this item.
City Manager Santana noted there was a request from Mary Grizzle (Resident) to hear Item 4.I and 4.P following the Study Session as they (Item 4.I and 4.P) relate to the Study Session.
A motion was made by Councilmember Becker, seconded by
Councilmember Watanabe, to hear Item 2, 4.I, and 4.P following Special Order of Business.
Aye: Councilmember Watanabe, Vice Mayor Chahal, Councilmember Hardy, Councilmember Park, and Councilmember Becker
5 -
Recused: 2 - Councilmember Jain and Mayor Gillmor
SPECIAL ORDER OF BUSINESS
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3.A 21-173
3.B 21-1178
Task Force on Diversity, Equity, and Inclusion Update (July-September 2021)
Chair Datar, Vice Chair Davis, and Chief of Police Nikolai provided an update on the Task Force on Diversity, Equity, and Inclusion.
Council comments and questions followed.
Chair Datar and Vice Chair Davis addressed Council comments and questions.
Recognition of Local Student Samaira Mehta
Mayor Gillmor presented local Student Samaira Mehta a Certificate of Special Mayoral Recognition for her many achievements. Samaira Mehta is a 13-year-old Tech Entrepreneur based in Santa Clara who was recognized by TIME as "One of the 8 Young Leaders Shaping the Decade" and a "Real-life Powerpuff Girl" by Hulu for her invention "CoderBunnyz," a board game that simplifies complex coding concepts and teaches them in a fun farmyard adventure.
Samaira Mehta is also the founder of "CoderMindz" - the world's first-ever Artificial Intelligence (AI) board game that simplifies the intricacies of how AI works, and "CoderMarz" which brings together her love for coding and AI with her interest in outer space and Mars.
She is a Davidson Fellow, Gen Z ambassador for Arm with their program GenArm2Z; she works with the United Nations for gender equality, is a Softbank Masa Son Scholar, and was a finalist for the first-ever "Kid of the Year" presented by TIME and Nickelodeon. Samaira was also featured on platforms like Vogue, CNBC, CNET, Business Insider, Today Show, UN Women, and Washington Post. She has been a speaker at over 100 conferences nationwide and internationally including at MWC 2019, C2 Montreal, and at corporations like Google, Microsoft, Facebook, Intel, SAP, Walmart, and IBM.
Council expressed comments of how proud the City of Santa Clara and City Council is of all her accomplishments.
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2. 21-1070 Acceptance of the Preferred Framework Plan for the Downtown Precise Plan.
Recommendation: Accept the Preferred Framework Plan for the Downtown Precise Plan.
Alternative: Do not accept the Preferred Framework Plan for the Downtown Precise Plan and direct staff to make modifications.
Mayor Gillmor recused herself from this item due to a potential conflict of interest as her office is in Franklin Square Mall.
Councilmember Jain recused himself from this item due to a potential conflict of interest as his wife works for Santa Clara University.
Vice Mayor Chahal presided over this item.
Director of Community Development Crabtree introduced James K.
Stickley (Principal - WRT) and Peter Winch (Associate - WRT) gave a PowerPoint Presentation on the Santa Clara Downtown Precise Plan Council comments and questions followed.
James Stickley and Peter Winch addressed Council questions.
Public Speaker(s): Jonathon Evans
Frank Lemmon
Patricia Leung
Rob Mayer
Dan Ondrasek
Janet Stevenson
Council comments and questions followed.
Director of Community Development Crabtree and James Stickley addressed Council questions.
A motion was made by Councilmember Hardy, seconded by
Councilmember Watanabe, to accept the Preferred Framework Plan for the Downtown Precise Plan and protect all historical preservation resources.
Aye: Councilmember Watanabe, Vice Mayor Chahal, Councilmember Hardy, Councilmember Park, and Councilmember Becker
5 -
Recused: 2 - Councilmember Jain and Mayor Gillmor
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4.I 21-1214 Action on Resolution Authorizing an Agreement with Eugene Burger Management Corporation for Property Management Services of City-Owned Commercial Properties Located at 900 and 1000 Lafayette Street, and Authority for the City Manager to Negotiate and Execute Leases at 900 and 1000 Lafayette Street; and Associated Budget Amendment
Recommendation:
1. Adopt a Resolution to authorize the City Manager to do the following:
A. Negotiate and execute an Agreement with Eugene Burger Management Corporation (EBMC) to provide property management services for an initial two-year term beginning on or about September 28, 2021 and ending on or about September 30, 2023 with maximum compensation not-to-exceed $366,784 and subject to the appropriation of funds;
B. Execute amendments to the Agreement with EBMC, not to exceed $33,344, for contingencies in the event there are unanticipated changes during the initial term of the Agreement, subject to the appropriation of funds;
C. Execute three one-year options to extend the term of the Agreement with EBMC after the initial term ending on September 30, 2026 if all options are exercised, subject to the appropriation of funds; D. Execute amendments to each of the agreements to add funds as required in the event revenues collected exceed staff’s estimates, subject to the appropriation of funds;
E. Negotiate and execute assignment and assumption agreements, commercial leases and related amendments for the commercial spaces at 900 and 1000 Lafayette Street for a term not to exceed 2 years on a form agreement subject to the approval of the City Attorney; and
2. Consistent with City Charter Section 1305, “At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least five members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget,” approve a FY 2021/22 budget amendment in the General Fund to recognize rent revenue in the amount of $182,300 and increase the City Manager’s Office appropriation by $182,300 (five affirmative Council votes required to appropriate additional revenue).
Mary Grizzle (Resident) requested not to approve the leases and prevent any delays on bringing a new downtown.
Vice Mayor Chahal continued to preside over the meeting as Mayor Gillmor recused herself due to a potential conflict of interest.
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Assistant City Manager Shikada addressed the concerns and questions.
Public Speaker(s): Mary Grizzle Dan Ondrasek
Skip Pearson
Rob Mayer
Edward Strine
Donna West
Patti Allmon
Connie Costa (gave her time to Skip Pearson)
Council comments and questions followed.
Assistant City Manager Shikada addressed Council questions.
A motion was made by Councilmember Hardy, seconded by
Councilmember Watanabe, to (1) adopt Resolution No. 21-9001 to authorize the City Manager to do the following: (A) Negotiate and execute an Agreement with Eugene Burger Management
Corporation (EBMC) to provide property management services for an initial two-year term beginning on or about September 28, 2021 and ending on or about September 30, 2023 with maximum
compensation not-to-exceed $366,784 and subject to the
appropriation of funds; (B) Execute amendments to the Agreement with EBMC, not to exceed $33,344, for contingencies in the event there are unanticipated changes during the initial term of the Agreement, subject to the appropriation of funds; (C) Execute three one-year options to extend the term of the Agreement with EBMC after the initial term ending on September 30, 2026 if all options are exercised, subject to the appropriation of funds; (D) Execute amendments to each of the agreements to add funds as required in the event revenues collected exceed staff’s estimates, subject to the appropriation of funds; (E) Negotiate and execute assignment and assumption agreements, commercial leases and related amendments for the commercial spaces at 900 and 1000 Lafayette Street for a term not to exceed 2 years on a form agreement subject to the approval of the City Attorney.
Aye: Councilmember Watanabe, Councilmember Hardy, Councilmember Park, and Councilmember Jain
4 -
Nay: 2 - Vice Mayor Chahal and Councilmember Becker
Recused: 1 - Mayor Gillmor
Assistant City Manager Shikada gave a PowerPoint Presentation.
Council comments and questions followed.
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A motion was made by Councilmember Hardy, seconded by
Councilmember Watanabe, to approve (2) consistent with City Charter Section 1305, “At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least five members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget,” approve a FY 2021/22 budget amendment in the General Fund to recognize rent revenue in the amount of $182,300 and increase the City Manager’s Office appropriation by $182,300 (five affirmative Council votes required to appropriate additional revenue).
Aye: Councilmember Watanabe, Vice Mayor Chahal, Councilmember Hardy, Councilmember Park, and Councilmember Jain
5 -
Nay: Councilmember Becker1 -
Recused: Mayor Gillmor1 -
4.P 21-1185
Action on Authorizing the City Manager to Sign Notice of Option Letters and a Continued Use License Agreement with Park Central Apartments L.
P. (Prometheus) for the Franklin and Washington Street Right-of-Way Easement Acquisition
Recommendation: Authorize the City Manager to Sign Notice of Option Letters and a Continued Use License Agreement with Park Central Apartments L.P. (Prometheus) for the Franklin and Washington Street Right-of-Way Easement Acquisition.
Mary Grizzle (Resident) addressed the Council with questions regarding funding.
Assistant City Manager Pineda addressed public questions.
A motion was made by Councilmember Jain, seconded by
Councilmember Watanabe, to authorize the City Manager to Sign Notice of Option Letters and a Continued Use License Agreement with Park Central Apartments L.P.(Prometheus) for the Franklin and Washington Street Right-of-Way Easement Acquisition.
Aye: Councilmember Watanabe, Vice Mayor Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, and
Councilmember Becker
6 -
Recused: Mayor Gillmor1 -
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Mayor Gillmor returned and presided over the meeting.
Mayor Gillmor called for a recess at 10:54 PM and reconvened the meeting at 11:01 PM.
3.C 21-21314 Verbal Report from City Manager regarding COVID-19 Pandemic Deferred to October 19, 2021 Council and Authorities Concurrent Meeting.
3.D 21-21315 Verbal Report Update from City Manager Regarding the Local Drought Emergency
Deferred to October 19, 2021 Council and Authorities Concurrent Meeting.
CONSENT CALENDAR
Vice Mayor Chahal recused himself from Item 4.J as his property is within 1,000 ft. of this item.
Councilmember Jain recused himself from Item 4.U as his property is within 1,000 ft. of this item.
A motion was made by Councilmember Hardy, seconded by Vice Mayor Chahal, to approve the balance of the Consent Calendar (except Items 4.I and 4.P).
Aye: Councilmember Watanabe, Vice Mayor Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
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4.A 21-876 Action on June 8, 2021 Joint Council and Authorities Concurrent & Stadium Authority Meeting, June 10, 2021 (Adjourned from June 8, 2021) Joint Council & Authorities Concurrent & Stadium Authority Meeting, June 15, 2021 City Council Special Meeting, and June 22, 2021 Council and Authorities Concurrent Meeting Minutes
Recommendation:
Approve the Meeting Minutes of:
June 8, 2021 Joint Council and Authorities Concurrent & Stadium Authority Meeting
June 10, 2021 (Adjourned from June 8, 2021) Joint Council & Authorities Concurrent & Stadium Authority Meeting
June 15, 2021 City Council Special Meeting
June 22, 2021 Council and Authorities Concurrent Meeting Minutes A motion was made by Councilmember Hardy, seconded by Vice Mayor Chahal, to approve staff recommendation.
4.B 21-19
Board, Commissions and Committee Minutes
Recommendation: Note and file the Minutes of:
Historical and Landmarks Commission - July 1, 2021
Board of Library Trustees - May 3, 2021
Board of Library Trustees - June 10, 2021
Board of Library Trustees - August 2, 2021
Audit Committee - March 11, 2021
Task Force on Diversity, Equity, and Inclusion - July 12, 2021 Task Force on Diversity, Equity, and Inclusion - August 9, 2021 A motion was made by Councilmember Hardy, seconded by Vice Mayor Chahal, to approve staff recommendation.
4.C 21-963
Action on Monthly Investment Report for June 2021
Recommendation: Note and file the Monthly Investment Report for June 2021 as presented.
A motion was made by Councilmember Hardy, seconded by Vice Mayor Chahal, to approve staff recommendation.
4.D 21-941 Overview of the City Auditor’s Office Semi-Annual Status Report as of June 30, 2021
Recommendation: Note and file the City Auditor’s Office Semi-Annual Status Report as of June 30, 2021 as recommended by the Council Audit Committee.
A motion was made by Councilmember Hardy, seconded by Vice Mayor Chahal, to approve staff recommendation.
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4.E 21-871 Action on Silicon Valley Power Three-Year System Growth Plan Strategy, Related Budget Amendment (Five Affirmative Votes Required), and Addition of New Positions
Recommendation:
1. Accept a report on the Three-Year Growth Plan Strategy;
2. Consistent with City Charter Section 1305, “ At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least five members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget,” approve the following FY 2021/22 budget amendments:
A. In the Electric Utility Operating Fund, increase the transfer to the General Fund by $250,000 and the Electric Department budget by $1,350,000 and decrease the unrestricted ending fund balance by $1,600,000 (five affirmative Council votes required for the use of unused balances); and
B. In the General Fund, increase the transfer in from the Electric Utility Operating Fund by $250,000 and the Finance Department budget by $250,000. (five affirmative Council votes required to appropriate additional revenue); and
3. Approve the addition of one (1) Principal Electric Utility Engineer, one (1) Senior Electric Utility Engineer, two (2) Service Coordinators or equivalent, one (1) Senior Business Analyst or similar position in the Electric Department, and (1) Contracts Manager in the Purchasing Division of the Finance Department.
A motion was made by Councilmember Hardy, seconded by Vice Mayor Chahal, to approve staff recommendation.
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4.F 21-1196 Action on an Agreement for Services with Power Systems Professionals, Inc. dba Power Pros for As-Needed Electric Equipment Repair, Maintenance, and Testing Services
Recommendation:
1. Authorize the City Manager to execute an Agreement for Services with Power Systems Professionals, Inc., doing business as Power Pros to provide as-needed electric equipment repair, maintenance, and testing services, for a term starting on or about October 1, 2021 and ending on September 30, 2026 for total maximum compensation not-to-exceed $3,500,000 during the initial five-year term, subject to the appropriation of funds;
2. Authorize the City Manager to make minor changes to the proposed agreement subject to approval by the City Attorney as to form;
3. Add or delete services consistent with the scope of the agreement and allow future rate adjustments subject to request and justification by contractor, approval by the City, and the appropriation of funds;
4. Authorize the City Manager to execute up to five one-year options to extend the term of the Agreement after the initial five-year term, ending September 30, 2031, for a total of ten years assuming all options are exercised and subject to the appropriation of funds; and
5. Authorize the City Manager to take actions to add or delete services consistent with the scopes of the agreements, and allow future rate adjustments subject to request and justification by contractor, approval by the City, and the appropriation of funds.
A motion was made by Councilmember Hardy, seconded by Vice Mayor Chahal, to approve staff recommendation.
4.G 21-1039
Action on Amendments to Agreements with Hulberg and Associates, Inc.
DBA Valbridge Property Advisors for Property Appraisal Services and Altamont Ranch Grazing Lease with Joseph R. Paulo
Recommendation:
Authorize the City Manager to:
1. Execute Amendment No. 2 to the Agreement for Services between the City of Santa Clara, California and Hulberg and Associates, Inc. DBA Valbridge Property Advisors;
2. Execute Amendment No. 1 to the Grazing Lease by and between the City of Santa Clara, California and Joseph R. Paulo, an Individual for a Portion of the Property Known as the Altamont Ranch, Alameda County, California;
3. Make minor changes to the attached proposed amendments subject to approval by the City Attorney as to form; and
4. Add or delete services consistent with the scope of the agreement and allow future rate adjustments subject to request and justification by contractor, approval by the City, and the appropriation of funds.
A motion was made by Councilmember Hardy, seconded by Vice Mayor Chahal, to approve staff recommendation.
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4.H 21-415 Action on Agreement with US Digital Designs for a Fire Station Alerting System
Recommendation: 1. Authorize the City Manager to negotiate and execute an Agreement with US Digital Designs, Inc. to provide services for the purchase, installation and implementation of a fire station alerting system for an initial five-year term beginning on or about September 28, 2021 and ending on or about September 30, 2026 with maximum compensation not-to-exceed $665,167.54 and subject to the appropriation of funds;
2. Authorize the City Manager to execute amendments to the Agreement up to $67,000 for contingencies in the event there are unanticipated changes during the initial term of the Agreement, subject to the appropriation of funds; and
3. Authorize the City Manager to extend the term of the Agreement for five additional years ending on or about September 30, 2031, at a cost of up to $40,000 annually for Years 6 through 10. These ongoing costs will be factored into the General Fund Operating Budget for the Fire Department and subject to the appropriation of funds.
A motion was made by Councilmember Hardy, seconded by Vice Mayor Chahal, to approve staff recommendation.
4.J 21-1216
Action on a Resolution Approving the Purchase and Sale Agreement for Electric Utility Easement on the South Loop Reconfigure Project Recommendation: 1. Adopt the Resolution approving the purchases of overhead electric easements at 960 Central Expressway [APN 224-07-099]; and
2. Authorize the recordation thereof.
Vice Mayor Chahal recused himself from this Item 4.J as his property is within 1,000 ft. of this item.
A motion was made by Councilmember Hardy, seconded by Vice Mayor Chahal, to adopt Resolution No. 21-9002 approving the purchases of overhead electric easements at 960 Central Expressway [APN 224-07-099]; and authorizing the recordation thereof.
Aye: Councilmember Watanabe, Councilmember Hardy, Councilmember Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
6 -
Recused: Vice Mayor Chahal1 -
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4.K 21-21309 Action on the First Amendment to the Contract with Management Partners, Inc. for Facilitation of the City Attorney Evaluation
Recommendation: Approve and authorize the Mayor to execute an Amendment No. 1 to the Agreement, increasing compensation by $1,000, with Management Partners, Inc. for Consultant Services related to the Facilitation of the Evaluation for the City Attorney.
A motion was made by Councilmember Hardy, seconded by Vice Mayor Chahal, to approve staff recommendation.
4.L 21-1004
Action on Amendment No. 2 to the Agreement with Woodard and Curran, Inc. for Sanitary Sewer Hydraulic Modeling As-Needed Support Recommendation: 1. Approve and authorize the City Manager to execute Amendment No. 2 to the Agreement for Design Professional Services with Woodard and Curran, Inc. for Sanitary Sewer Hydraulic Modeling As-Needed Support in the amount of $237,386 and to extend the term of the agreement through June 30, 2023 for a revised not-to-exceed maximum compensation amount of $1,211,022; and
2. Authorize the City Manager to make minor modifications to the Agreement, if necessary.
A motion was made by Councilmember Hardy, seconded by Vice Mayor Chahal, to approve staff recommendation.
4.M 21-1132
Report on Actions Taken During City Council Recess from July 14, 2021 to August 16, 2021
Recommendation: Note and file the Report on Actions Taken During City Council Recess from July 14, 2021 to August 16, 2021.
A motion was made by Councilmember Hardy, seconded by Vice Mayor Chahal, to approve staff recommendation.
4.N 21-2175
Action on 2021 Q2 Legislative Update
Recommendation: Note and file the 2021 Q2 Legislative Update.
A motion was made by Councilmember Hardy, seconded by Vice Mayor Chahal, to approve staff recommendation.
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4.O 21-1133 Resolution Increasing the Transient Occupancy Tax Rate from 9.5% to
11.5% effective January 1, 2022; and Introduction of an Ordinance Amending Section 3.25.030 of the Santa Clara City Code to Reflect the Increase in the Transient Occupancy Tax Rate
Recommendation:
1. Approve a resolution increasing the Transient Occupancy Tax rate from
9.5% to 11.5% effective January 1, 2022; and
2. Approve the introduction of an ordinance amending section 3.25.030 of the Santa Clara City Code to reflect the increase in the Transient Occupancy Tax rate.
4.Q 21-1188
A motion was made by Councilmember Hardy, seconded by Vice Mayor Chahal, to adopt Resolution No. 21-9003 increasing the Transient Occupancy Tax rate from 9.5% to 11.5% effective January 1, 2022; and approve the introduction of Ordinance No. 2033 approving the amendment to section 3.25.030 of the Santa Clara City Code to reflect the increase in the Transient Occupancy Tax rate.
Action on a Resolution Approving the 2022 Planning Commission Calendar of Meetings
Recommendation: Adopt a Resolution approving the 2022 Planning Commission Calendar of Meetings.
A motion was made by Councilmember Hardy, seconded by Vice Chair Chahal, to adopt Resolution No. 21-9004 approving the 2022 Planning Commission Calendar of Meetings.
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4.R 21-1035 Action on a Resolution Authorizing the Submittal of Grant Applications for the California Department of Resources Recycling and Recovery (CalRecycle) Rubberized Pavement Grant Program and Authorizing the City Manager, Assistant City Manager, and Director of Public Works, each individually, to Execute All Grant Documents Necessary to Secure Grant Funds and Implement Approved Grant Projects for Five Years Recommendation:
1. Adopt a Resolution Authorizing the Submittal of Grant Applications for the California Department of Resources Recycling and Recovery (CalRecycle) Rubberized Pavement Grant Program and Authorizing the City Manager, Assistant City Manager, and Director of Public Works, each individually, to Execute All Grant Documents Necessary to Secure Grant Funds and Implement Approved Grant Projects for Five Years.
4.S 21-2251
A motion was made by Councilmember Hardy, seconded by Vice Mayor Chahal, to adopt Resolution No. 21-9005 authorizing the Submittal of Grant Applications for the California Department of Resources Recycling and Recovery (CalRecycle) Rubberized Pavement Grant Program and Authorizing the City Manager, Assistant City Manager, and Director of Public Works, each individually, to Execute All Grant Documents Necessary to Secure Grant Funds and Implement Approved Grant Projects for Five Years.
Action on Resignation of Cultural Commissioner Sulcer, Declare a Vacancy on the Cultural Commission, and Appoint from the Council Approved Eligibility List
Recommendation: Accept the resignation of outgoing Commissioner Teresa Sulcer effective immediately; declare the Cultural Commission vacancy; and appoint Siddarth Sundaram from the approved eligibility list to fill the partial-term ending June 30, 2023.
A motion was made by Councilmember Hardy, seconded by Vice Mayor Chahal, to approve staff recommendation.
4.T 21-1271
Action on a Resolution Approving the 2022 Civil Service Commission Calendar of Meetings, and Setting the Number and Start Time of Regular Meetings of the Civil Service Commission
Recommendation:
Adopt a Resolution approving the 2022 Civil Service Commission Calendar of Meetings, and setting the number and start time of regular Civil Service Commission meetings.
A motion was made by Councilmember Hardy, seconded by Vice Mayor Chahal, to adopt Resolution No. 21-9006 approving the 2022 Civil Service Commission Calendar of Meetings, and setting the number and start time of regular Civil Service Commission meetings.
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4.U 21-1284 Action on the Adoption of Ordinance No. 2032 Approving the City Plaza Park Schematic Design Update in Accordance with City Charter Section 714.1
Recommendation:
1. Adoption of Ordinance No. 2032 Approving the City Plaza Park Schematic Design Update in Accordance with City Charter Section 714.1.
Councilmember Jain recused himself from Item 4.U as his property is within 1,000 ft. of this item.
A motion was made by Councilmember Hardy, seconded by Vice Mayor Chahal, to adopt Ordinance No. 2032 Approving the City Plaza Park Schematic Design Update in Accordance with City Charter Section 714.1.
Aye: Councilmember Watanabe, Vice Mayor Chahal, Councilmember Hardy, Councilmember Park, Councilmember Becker, and Mayor Gillmor
6 -
Recused: Councilmember Jain1 -
SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR
5.A 21-9182
Report on the Audited Santa Clara Stadium Authority Fiscal Year 2020/21 Annual Financial Statements
Recommendation: Note and file the Santa Clara Stadium Authority Fiscal Year 2020/21 Annual Financial Statements.
A motion was made by Boardmember Hardy, seconded by Vice Chair Chahal, to approve staff recommendation.
5.B 21-936
Action on the Stadium Authority Financial Status Report for the Quarter and Fiscal Year Ending March 31, 2021
Recommendation: 1. Note and file the Santa Clara Stadium Authority Financial Status Report for the Quarter and Fiscal Year Ending March 31, 2021;
2. Authorize the Executive Director to pay the Stadium Manager for the FY2020/21 Non-NFL Event loss after the review of adequate documentation for costs; and
3. Authorize the Executive Director to transfer $1,139,477 from the Stadium Authority to the City of Santa Clara for unpaid FY2019/20 Public Safety invoices related to Non-NFL Events to maintain compliance with Measure J.
A motion was made by Boardmember Hardy, seconded by Vice Chair Chahal, to approve staff recommendation.
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5.C Request from the Stadium Manager to Award Purchase Orders to Cvent for Event Diagram Software Subscription Services, Palace Business Solutions for Security and Life Safety Partitions/Dividers CapEx Project, and Kelly-Moore Paints and Sherwin Williams Paints for Brand Paints and Related Supplies
A. 21-1277
Request from the Stadium Manager to Award Purchase Orders to Cvent for Event Diagram Software Subscription Services, Palace Business Solutions for Security and Life Safety Partitions/Dividers CapEx Project, and Kelly-Moore Paints and Sherwin Williams Paints for Brand Paints and Related Supplies
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B. 21-1276 Report from the Stadium Authority Regarding the Stadium Manager’s Request to Award Purchase Orders to Cvent for Event Diagram Software Subscription Services, Palace Business Solutions for Security and Life Safety Partitions/Dividers CapEx Project, and Kelly-Moore Paints and Sherwin Williams Paints for Brand Paints and Related Supplies Recommendation:
1. Approve the Stadium Manager’s request to award a purchase order to Cvent, with the vendor’s additional confidential terms and conditions, to purchase event diagram software subscription services, in the amount of $26,594 over the initial three-year term, subject to budget appropriations for every fiscal year, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager;
2. Approve the Stadium Manager’s request to award a purchase order to Palace Business Solutions for security partitions (Security and Life Safety Partitions/Dividers CapEx line item), in the amount of $69,459, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager;
3. Approve the Stadium Manager’s request to award a purchase order to Kelly-Moore Paints for brand paint and related supplies in an amount not to exceed $50,000 per fiscal year (for a total not to exceed amount of $200,000 over the initial three-year term which spans over four fiscal years), subject to budget appropriations for every fiscal year, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager; and
4. Approve the Stadium Manager’s request to award a purchase order to Sherwin Williams Paint for brand paint and related supplies in an amount not to exceed $50,000 per fiscal year (for a total not to exceed amount of $200,000 over the initial three-year term which spans over four fiscal years), subject to budget appropriations for every fiscal year, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager.
A motion was made by Boardmember Hardy, seconded by Vice Chair Chahal, to approve staff recommendation.
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PUBLIC PRESENTATIONS
Dr. Stella Kemp noted the Santa Clara Unified School District Elections is transitioning Trustee Area voting method.
Mary Grizzle requested follow-up from City Attorney's Office on recusal of Councilmember's during Study Session.
Jeff Houston inquired if Item 7 would be heard this evening.
Sindhu Saggeri inquired if Item 8 would be heard this evening.
CONSENT ITEMS PULLED FOR DISCUSSION
None.
PUBLIC HEARING/GENERAL BUSINESS
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6. 21-1072 Public Hearing: 2020-2021 Consolidated Annual Performance and Evaluation Report (CAPER)
Recommendation: 1. Approve the 2020-2021 Consolidated Annual Performance and Evaluation Report (CAPER) (Attachment 1) and authorize the City Manager, or her designee, to execute the documents for submission to the U.S. Department of Housing and Urban Development (HUD) by September 30, 2021 unless otherwise directed by HUD.
2. Direct staff to incorporate all public comments into the final version to be submitted to HUD on or before September 30, 2021.
Housing Development Officer Calleja gave a PowerPoint Presentation.
Council comments and questions followed.
Housing & Community Services Division Manager Veach addressed Council questions.
Public Speaker(s): Georgia Bacil
Council questions followed.
Housing Development Officer Calleja addressed Council questions.
A motion was made by Councilmember Jain, seconded by
Councilmember Hardy, to (1) approve the 2020-2021 Consolidated Annual Performance and Evaluation Report (CAPER) (Attachment 1) and authorize the City Manager, or her designee, to execute the documents for submission to the U.S. Department of Housing and Urban Development (HUD) by September 30, 2021 unless otherwise directed by HUD; (2) direct staff to incorporate all public comments into the final version to be submitted to HUD on or before September 30, 2021 with the amendment to increase grant funding to $30,000 for seven agencies and funding the remaining four agencies from the General Fund.
Aye: Councilmember Watanabe, Vice Mayor Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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9. 21-1299 Action to Adopt a Resolution Approving and Adopting an Updated As-Needed Salary Plan Reflecting Amended Changes, Adopt Resolutions for an Exception to the 180 Day Waiting Period To Appoint Two Retired Annuitants To Serve as Temporary Extra Help (Government Code Sections 7522.56 and 21224); Authorize the City Manager to execute funding Agreements with Related Santa Clara and Destination Marketing Association to partially fund a Retired Annuitant; Freeze 1.0 Senior Management Analyst in the City Manager’s Office; Unfreeze 1.0 Deputy City Clerk (Job Code 178) in the City Clerk’s Office; and Related Budget Amendments
Recommendation:
1. Adopt the Updated As-Needed Salary Plan;
2. Adopt Resolutions for an Exception to the 180 Day Waiting Period To Appoint two Retired Annuitants To Serve as Temporary Extra Help (Government Code Sections 7522.56 and 21224);
3. Authorize the City Manager to execute agreements with Related Santa Clara and Destination Marketing Association to provide funding for a Rehired Annuitant;
4. Consistent with City Charter Section 1305, “At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least five members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget,” approve the following FY 2021/22 budget amendments:
A. In the General Fund establish a Transfer from the Convention Center Capital Fund in the amount of $40,000, decrease the City Manager’s Office appropriation by $94,000, and increase the City Clerk’s Office appropriation by $134,000 (five affirmative Council votes required to appropriate additional revenue).
B. In the Convention Center Capital Fund, establish a transfer to the General Fund in the amount of $40,000 and decrease the Santa Clara Convention Center Condition Assessment Repair Project by $40,000 (majority affirmative Council votes required).
5. Approve freezing 1.0 Senior Management Analyst (Job Code 742) in the City Manager’s Office; and
6. Approve Unfreezing 1.0 Deputy City Clerk (Job Code 178) in the City Clerk’s Office.
Director of Human Resources Director Azevedo provided a verbal report on the staff report.
A motion was made by Councilmember Watanabe, seconded by Councilmember Jain, to (1) adopt the Updated As-Needed Salary Plan; (2) adopt Resolutions No. 21-9008 &
21-9009 for an
Exception to the 180 Day
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Waiting Period To Appoint two Retired Annuitants To Serve as Temporary Extra Help (Government Code Sections 7522.56 and 21224); (3) authorize the City Manager to execute agreements with Related Santa Clara and Destination Marketing Association to provide funding for a Rehired Annuitant; (4) consistent with City Charter Section 1305, “At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least five members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget,” approve the following FY 2021/22 budget amendments: A. In the General Fund establish a Transfer from the Convention Center Capital Fund in the amount of $40,000, decrease the City Manager’s Office appropriation by $94,000, and increase the City Clerk’s Office appropriation by $134,000 (five affirmative Council votes required to appropriate additional revenue). B. In the Convention Center Capital Fund, establish a transfer to the General Fund in the amount of $40,000 and decrease the Santa Clara Convention Center Condition Assessment Repair Project by $40,000 (majority affirmative Council votes required); (5) approve freezing 1.0 Senior Management Analyst (Job Code 742) in the City Manager’s Office; and (6) approve Unfreezing 1.0 Deputy City Clerk (Job Code 178) in the City Clerk’s Office.
Aye: Councilmember Watanabe, Vice Mayor Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
City Manager Santana noted that in the upcoming Santa Clara Inside Newspaper, utility bill inserts, and other communication avenues will be going out with information on how residents can conserve water during the drought.
City Manager Santana also noted that Pzifer Boosters are available for eligible residents; County of Santa Clara recommends remote public meetings; and October 4, 2021 the City will expand over-the-counter City Hall services.
Council questions followed.
City Manager Santana addressed Council questions.
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10. Written Petitions (Council Petition Policy 030) Submitted by Councilmember Jain:
City Manager Santana noted that Item 10.A will be returning to Council on November 9, 2021.
Public Speaker(s): Hosam Haggag
Chief Assistant City Attorney Reuter and City Manager Santana addressed public comments.
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to defer Items 10.B, 10.C, and 10.D to Governance & Ethics Committee and the balance of the agenda to the next Council & Authorities Concurrent Meeting (October 19, 2021).
Aye: Councilmember Watanabe, Councilmember Hardy, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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Nay: Vice Mayor Chahal, and Councilmember Park2 -
A. 21-21302 Action on a Written Petition (Council Petition 030) Submitted by Councilmember Jain Requesting to Place an Agenda Item at a Future Meeting to Discuss the Rules for who can serve on Boards and Commissions, and Committees
Recommendation:
Staff has no recommendation and seeks Council direction.
This item will be returning to Council on November 9, 2021.
B. 21-1303 Action on a Written Petition (Council Petition 030) Submitted by Councilmember Jain Requesting to Place an Agenda Item at a Future Meeting to Consider Hiring an Ethics Consultant for Upcoming Elections Recommendation:
Staff has no recommendation and seeks Council direction.
Deferred to the Governance & Ethics Committee.
C. 21-21304 Action on a Written Petition (Council Petition 030) Submitted by Councilmember Jain Requesting to Place an Agenda Item at a Future Meeting to Discuss the use of Written Petition (Policy 030) by Members of the Public
Recommendation:
Staff has no recommendation and seeks Council direction.
Deferred to the Governance & Ethics Committee.
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D. 21-1305 Action on a Written Petition (Council Petition 030) Submitted by Councilmember Jain Requesting to Place an Agenda Item at a Future Meeting to Consider a Quarterly Report to Council of Legal Expenses to Outside Law Firms and any Settlement Costs (that can be disclosed) Once Cases are Settled
Recommendation:
Staff has no recommendation and seeks Council direction.
Deferred to the Governance & Ethics Committee.
8. 21-1108 Action on the Introduction of an All-Electric Reach Code Ordinance, including Electric Vehicle (EV) Charging, that Amends Chapter 15.36 (Energy Code) and Chapter 15.38 (Green Building Code) of Title 15 (Buildings and Construction) of the Santa Clara Municipal Code Recommendation:
Staff recommend that City Council introduce electrification reach codes as written, to be established on January 1, 2022; to help reduce carbon emissions associated with new construction, reduce costs in new construction, improve indoor air quality and safety of our building stock, support affordable housing, and increase adoption of electric vehicles.
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to defer Items 10.B, 10.C, and 10.D to Governance & Ethics Committee and the balance of the agenda (Item 8) to the next Council & Authorities Concurrent (October 19, 2021).
Aye: Councilmember Watanabe, Councilmember Hardy, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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Nay: Vice Mayor Chahal, and Councilmember Park2 -
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7. 21-1048 Direction to Staff on Alternatives for Revisions to the El Camino Real Specific Plan; Possible Action on the Consultant Contract with Rami & Associates and budget amendment for Revisions to the El Camino Real Specific Plan
Recommendation:
1. Direct staff to proceed with either:
Alternative 1: Direct staff to conduct additional planning work to revise the draft Specific Plan per City Council direction. Authorize the City Manager to execute an agreement with Rami & Associates, Inc. to provide El Camino Real Specific Plan Consultant Services for an initial three-year term ending September 30, 2024, for a maximum compensation not to exceed $750,000, subject to the annual appropriation of funds. Approve the related budget amendment recognizing appropriations of an additional $900,000 in FY 2021/22 General Fund account to support consultant work and the use of contract planning staff. Upon completion of the revised Specific Plan, staff will return to the City Council for adoption of the project Water Supply Assessment, project EIR, a modified Specific Plan, General Plan amendments, and a resolution to remove on-street parking for the El Camino Real corridor. Direct staff to bring forward budget amendments at a future date or
Alternative 2: Direct staff to create two new zoning districts with objective design standards that align with the existing General Plan land use designations for the El Camino Real corridor and to prepare an El Camino Real Infrastructure Plan/Streetscape Plan for the creation of bicycle lanes along the corridor. . Authorize the City Manager to execute an agreement with Rami & Associates, Inc. to provide El Camino Real Specific Plan Consultant Services for a one-year term ending September 30, 2022, for a maximum compensation not to exceed $50,000, subject to the annual appropriation of funds. Approve the related budget amendment recognizing appropriations of an additional $50,000 in FY 2021/22 General Fund Staff will return to City Council for adoption of zoning districts, a resolution to remove on-street parking for the El Camino Real corridor, and adoption of an El Camino Real Infrastructure Plan/Streetscape Plan.
Director of Community Development Crabtree gave a
PowerPoint Presentation.
Council comments and questions followed.
Director of Community Development Crabtree addressed
Council questions.
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Public Speaker(s): Keyhan Sinai Shuo Cao (eComment)
Sneha Shah (eComment)
James Cook (eComment)
Jasmine Cheng (eComment)
Liang Li (eComment)
Shawn Light (eComment)
Ye Cao (eComment)
Wanzi Shi (eComment)
Shirley Deng (eComment)
Yu Shi (eComment)
Dwarkanath Sakpal (eComment)
Flora Kho (eComment)
Zhe Sun (eComment)
Yuan Li (eComment)
Xuehui Zhu (eComment)
Weiting Wang (eComment)
Lisa Huang (eComment)
Morteza
David Bayto
Jeff Houston
Mathew
Justin Wang
Deepa
Anna
Sunil B
Jiacong He
DW
Park Vista Cir HOA - Sunil
Justin Wang
Leon Li
Civic Center Dr Resident
Reshma
Vishal Sakpal
Aria
Edna Pampy (eComment)
Sridhar Lakshminarayana (eComment)
Tom Weinstein (eComment)
Director of Community Development Crabtree addressed
public comments and questions.
Council comments and questions followed.
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A motion was made by Vice Mayor Chahal, seconded by Councilmember Park, to approve Alternative 1: Direct staff to conduct additional planning work to revise the draft Specific Plan per City Council direction. Authorize the City Manager to execute an agreement with Rami & Associates, Inc. to provide El Camino Real Specific Plan Consultant Services for an initial three-year term ending September 30, 2024, for a maximum compensation not to exceed $750,000, subject to the annual appropriation of funds.
Approve the related budget amendment recognizing appropriations of an additional $900,000 in FY 2021/22 General Fund account to support consultant work and the use of contract planning staff. Upon completion of the revised Specific Plan, staff will return to the City Council for adoption of the project Water Supply Assessment, project EIR, a modified Specific Plan, General Plan amendments, and a resolution to remove on-street parking for the El Camino Real corridor. Direct staff to bring forward budget amendments at a future date.
Councilmember Jain requested a friendly amendment to include an Economic Analysis Study.
Vice Mayor Chahal and Councilmember Park accepted the friendly amendment.
Council comments and questions followed.
Director of Community Development Crabtree addressed Council questions.
Vice Mayor Chahal dropped his original motion on the floor.
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to continue this item to the next Council and Authorities Concurrent Meeting (October 19, 2021).
Aye: Councilmember Watanabe, Vice Mayor Chahal, Councilmember Hardy, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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Nay: Councilmember Park1 -
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
Deferred to October 19, 2021 Council and Authorities Concurrent Meeting.
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CITY MANAGER/EXECUTIVE DIRECTOR REPORT
Deferred to October 19, 2021 Council and Authorities Concurrent Meeting.
21-1213 Update on City Council and Stadium Authority Staff Referrals 21-21321 Tentative Meeting Agenda Calendar (TMAC)
ADJOURNMENT
The meeting was adjourned at 1:24 AM in memory of Carlos Azcona (former City of San Jose and City of Santa Clara Employee).
A motion was made by Councilmember Park, seconded by Vice Mayor Chahal, to adjourn the meeting.
Aye: Councilmember Watanabe, Vice Mayor Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
21-1415
Adjournment of the September 28, 2021 City Council and Stadium Authority Meeting Post Meeting Material
The next regular scheduled meeting is on Tuesday evening, October 19, 2021.
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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