SANTA CLARA CAM City of Santa Clara
1852 Meeting Minutes
THE MISSION CIN
Special City Council and Santa Clara
Stadium Authority Meeting
03/15/2022 1:30 PM Virtual Meeting
1:30 PM Closed Session
7:30 PM Open Session
Pursuant to Government Code Section 54953(e) and City of Santa Clara Resolution 22-9058, the City Council 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:
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.
NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code §54956 ("The Brown Act") and Section 708 of the Santa Clara City Charter, the Mayor/Chair calls for a Special Meeting of the Santa Clara City Council and Stadium Authority Board to commence and convene on March 15, 2022, at 1:30 PM for a Special Meeting held virtually via Zoom, to consider the following matters) and to potentially take action with respect to them. 1:30 PM CLOSED SESSION
Call to Order
Mayor/Chair Gillmor called the meeting to order at 1:32 PM.
Roll Call
Present: 7 - Council/Boardmember Kathy Watanabe, Council/Boardmember Raj Chahal, Council/Boardmember Karen Hardy, Council/Boardmember Kevin Park, Vice Mayor/Chair Suds Jain, Council/Boardmember Anthony Becker, and Mayor/Chair Lisa M. Gillmor
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1.A 22-251 Public Employee Appointment (Gov. Code §§ 54957, 54954.5, subd. (e).) Title: Interim City Attorney
1.B 22-413 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)
1.0 22-1630 Conference with Legal Counsel-Existing Litigation (CC, SA) Pursuant to Gov. Code § 54956.9(d)(1)
Forty Niners SC Stadium Company LLC, et al., v. Santa Clara Stadium Authority, Superior Court Action No 19CV355432 (filed 9/20/19), and Forty Niners SC Stadium Company LLC, et al., v. Santa Clara Stadium Authority, Demand for Arbitration through JAMS, filed 09/03/2021, consolidated with JAMS No. 110024318
1.D 22-412 Conference with Legal Counsel-Existing Litigation (SA) Pursuant to Gov. Code § 54956.9(d)(1)
Forty Niners Stadium Management Company LLC and Forty Niners SC Stadium Company LLC v. Santa Clara Stadium Authority, et al., Santa Clara County Superior Court Case No. 17CV304903 and 19CV355432 (consolidated under lead case 17CV304903)
Public Comment
None.
Convene to Closed Session
Council/Board adjourned to Closed Session at 1:33 PM.
Council/Boardmember Hardy joined the meeting during Closed Session at 1:38 PM.
7:30 PM SPECIAL COUNCIL AND STADIUM AUTHORITY MEETING
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Call to Order
Mayor/Chair Gillmor called the meeting to order at 8:47 PM.
Pledge of Allegiance and Statement of Values
Council/Stadium Authority Board recited the Pledge of Allegiance.
Council/Boardmember Chahal recited the Statement of Values.
Assistant City Clerk/Secretary Pimentel recited the AB 23 Announcement and Statement of Behavioral Standards.
Assistant City Clerk/Secretary Pimentel also noted registered Lobbyists must identify themselves and whom they represent when speaking at a public meeting.
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
Assistant City Manager Nader noted that there was no reportable action from Closed Session on Items 1.B - 1.D.
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
None.
SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR
Vice Chair pulled Item 2.A.
A motion was made by Boardmember Chahal, seconded by
Boardmember Hardy, to approve the balance of the Consent Calendar (except Item 2.A).
Aye: 7 - Boardmember Watanabe, Boardmember Chahal, Boardmember Hardy, Boardmember Park, Vice Chair Jain, Boardmember Becker, and Chair Gillmor
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2.B 22-355 Report from the Stadium Authority Regarding Stadium Manager's Request for Retroactive Approval for Incurred Charges Related to Silicon Valley and San Francisco Admin Awards Sponsorship and Silicon Valley Business Journal Email Blast
Recommendation: 1. Approve the Stadium Manager's retroactive request to incur $10,000 for the Silicon Valley and San Francisco Admin Awards sponsorship and authorize staff to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager; and
2. Approve the Stadium Manager's retroactive request to incur charges up to $5,100 for a March 1, 2022 email blast campaign in the Silicon Valley Business Journal for Non-NFL events advertising and authorize staff 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 Chahal, seconded by
Boardmember Hardy, to approve staff recommendation.
PUBLIC PRESENTATIONS
Sylvia Abboud expressed gratitude for the City of Santa Clara's continued support of Heart of the Valley through CBDG funds. 22-425 Public Presentations Post Meeting Material
CONSENT ITEMS PULLED FOR DISCUSSION
2.A 22-937 Action on the Santa Clara Stadium Authority Financial Status Report for Quarter Ending September 30, 2021
Recommendation: Note and file the Santa Clara Stadium Authority Financial Status Report for the Quarter Ending September 30, 2021.
Vice Chair Jain pulled this item for further discussion.
Stadium Authority Treasurer Lee addressed Board questions.
A motion was made by Vice Chair Jain, seconded by Boardmember Becker, to note and file the Santa Clara Stadium Authority Financial Status Report for the Quarter Ending September 30, 2021.
Aye: 7 - Boardmember Watanabe, Boardmember Chahal, Boardmember Hardy, Boardmember Park, Vice Chair Jain, Boardmember Becker, and Chair Gilmor
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3. 22-303 Action on the Proposed Santa Clara Stadium Authority Fiscal Year 2022/23 Budget, Stadium Operation and Maintenance Plan, and 2022 Marketing Plan
Recommendation: Staff recommends Alternatives 1, 2, and 3:
1. Adopt the Santa Clara Stadium Authority Fiscal Year 2022/23 Operating, Debt Service, and Capital Budget;
2. Delegate authority to the Office of the Executive Director and Treasurer to approve budget amendments that move funds from Legal Contingency to Shared Expenses after the review of adequate documentation for costs;
3. Direct staff to explore options for a more cost-effective way to address repairs to the Naming Rights Sponsor Sign; and,
4. Note and file the 2022 Marketing Plan, authorize the Office of the Executive Director to execute an Amendment No. 1 with Stone Planning to add an additional $10,000 and to amend the agreement's scope of work to allow the Stadium Authority to request, on a time and materials basis, 1) the Contractor and/or subcontractor's participation in meetings with Stadium Authority staff and Stadium Manager to discuss any areas of the assessment report, or 2) other work related to the assessment report, and request the Stadium Manager to return to the Board in four to six months with an updated Marketing Plan.
Stadium Authority Treasurer Lee and Assistant City Manager Shikada gave a Powerpoint presentation on the Proposed Santa Clara Stadium Authority FY 2022/23 Budget, Stadium Operation and Maintenance Plan, and 2022 Marketing Plan.
Boardmember comments and questions followed.
Stadium Authority Treasurer Lee, Chief Assistant City Attorney Reuter, and Assistant City Manager Shikada addressed Board questions.
Alex Acton (San Francisco 49ers Manager of Finance) gave a Powerpoint presentation.
Board comments and questions followed.
Stadium Authority Treasurer Lee and Chief City Attorney Reuter addressed Board questions.
Public Speakers): Carol
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A motion was made by Vice Chair Jain, seconded by Boardmember Hardy, to adopt the Santa Clara Stadium Authority FY 2022/23 Operating, Debt Service, and Capital Budget.
Aye: 7 - Boardmember Watanabe, Boardmember Chahal, Boardmember Hardy, Boardmember Park, Vice Chair Jain, Boardmember Becker, and Chair Gillmor
A motion was made by Vice Chair Jain, seconded by Boardmember Park, to delegate authority to the Office of the Executive Director and Treasurer to approve budget amendments that move funds from the Legal Contingency to Shared Expenses after the review of adequate documentation for costs with the exception of the buffet cost (keep those in Legal Contingency) and request staff work expeditiously to release shared expenses related to compensation.
Aye: 7 - Boardmember Watanabe, Boardmember Chahal, Boardmember Hardy, Boardmember Park, Vice Chair Jain, Boardmember Becker, and Chair Gillmor
Board comments and questions followed.
Chief Assistant City Attorney Reuter addressed Board questions.
A motion was made Vice Chair Jain, seconded by Boardmember Park, to direct staff to explore options for a more cost-effective way to address repairs to the Naming Rights Sponsor sign including the option to replace if deemed to be more cost effective and consider who is legally responsible for replacement.
Aye: 7 - Boardmember Watanabe, Boardmember Chahal, Boardmember Hardy, Boardmember Park, Vice Chair Jain, Boardmember Becker, and Chair Gillmor
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Board comments followed.
A motion was made by Vice Chair Jain, seconded by Boardmember Watanabe, to note and file the 2022 Marketing Plan, authorize the Office of the Executive Director to execute an Amendment No. 1 with Stone Planning to add an additional $10,000 and to amend the agreement's scope of work to allow the Stadium Authority to request, on a time and materials basis, 1) the Contractor and/or subcontractor's participation in meetings with Stadium Authority staff and Stadium Manager to discuss any areas of the assessment report, or 2) other work related to the assessment report, and request the Stadium Manager to return to the Board in four to six months with an updated Marketing Plan.
Aye: 3 - Boardmember Watanabe, Vice Chair Jain, and Chair Gillmor Nay: 4 - Boardmember Chahal, Boardmember Hardy, Boardmember Park, and Boardmember Becker
Motion Fails.
A motion was then made by Boardmember Becker, seconded by Boardmember Hardy, to (1) note and file the 2022 Marketing Plan and (2) deny the authorization to the Office of the Executive Director to execute an Amendment No. 1 with Stone Planning to add an additional $10,000 and to deny the amendment to the agreement's scope of work to allow the Stadium Authority to request, on a time and materials basis, 1) the Contractor and/or subcontractor's participation in meetings with Stadium Authority staff and Stadium Manager to discuss any areas of the assessment report, or 2) other work related to the assessment report, and request the Stadium Manager to return to the Board in four to six months with an updated Marketing Plan.
Aye: 4 - Boardmember Chahal, Boardmember Hardy, Boardmember Park, and Boardmember Becker
Nay: 3 - Boardmember Watanabe, Vice Chair Jain, and Chair Gilmor
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
None.
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
None.
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ADJOURNMENT
The meeting was adjourned at 10:39 PM in memory of DeJon Packer (San Jose Police Officer and celebrated former football player at San José State University).
A motion was made by Council/Boardmember Park, seconded by Vice Mayor/Chair Jain, to adjourn the meeting.
Aye: 7 - Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gilmor
22-426 Adjournment of the March 15, 2022 City Council and Stadium Authority Meeting Post Meeting Material
The next regular scheduled meeting is on Tuesday, March 22, 2022.
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MEETING DISCLOSURES
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 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 Il 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 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 1408-615-2220 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.
Assistant City Clerk/Secretary Mayor/Chairperson
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