Agenda packet — City Council and Authorities Concurrent, July 12, 2022 (part 1 of 6)

City of Santa Clara
Joint Meeting Agenda of the
Council and Authorities Concurrent and
Santa Clara Stadium Authority
Call and Notice of Special Meeting
Planning Commission
Hybrid Meeting
Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
Tuesday, July 12, 2022 4:30 PM
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. 22-9115, 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]
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 Chair calls for a Special Meeting of the Planning Commission, to commence and convene on July 12, 2022, at 5:30 pm for a Special Meeting to be held virtually and in the City Hall Council Chambers located in the East Wing of City Hall at 1500 Warburton Avenue, Santa Clara, California, to consider the following matter(s) and to potentially take action with respect to them.

Closed Session - 4:30 PM | Study Session - 5:30 PM | Regular Meeting - 7:00 PM 4:30 PM CLOSED SESSION
Call to Order in the Council Chambers
Roll Call
City of Santa Clara Page 1 of 21 Printed on 7/8/2022
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Meeting Agenda July 12, 2022

1.A 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)
22-896

1.B Conference with Real Property Negotiators (CC)
Pursuant to Gov. Code § 54956.8
Property: 5401 Lafayette Street, Santa Clara, CA, APN:
097-01-073
City/Authority Negotiator: Rajeev Batra, City Manager (or designee)
Negotiating Parties: Police Activities League, Mike
Walke, President
Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms)
22-939
Public Comment
The public may provide comments regarding the Closed Session item(s) just prior to the Council beginning the Closed Session. Closed Sessions are not open to the public.

Convene to Closed Session (Council Conference Room)
5:30 PM JOINT COUNCIL AND PLANNING COMMISSION STUDY SESSION Call to Order in the Council Chambers
Roll Call (Planning Commission)
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Meeting Agenda July 12, 2022

2. Joint City Council and Planning Commission Study Session on the Housing Element Update
22-886
Note and file the report on the Housing Element
Update.

Recommendation:
7:00 PM JOINT COUNCIL/STADIUM AUTHORITY MEETING
Call to Order
Pledge of Allegiance and Statement of Values

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS

CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS

3. Discussion and Adoption of a Resolution Calling for a Municipal General Election and Ordering Consolidation with the
Gubernatorial General Election for the Purpose of Submitting to the Voters a Business License Tax (BLT) Modernization
Measure; Authorizing the City Clerk to Contract with the County of Santa Clara for Services to be Performed in Connection with the Gubernatorial General Election to be Held on November 8, 2022, as well as Directing the City Attorney to Prepare an Impartial Analysis; and Setting Priorities for Ballot Arguments (Continued from July 5, 2022)
22-936
Adopt a resolution ordering submission of a ballot
measure to the qualified electors of the City; calling
for a Special Municipal Election to be held in the City of Santa Clara on Tuesday, November 8, 2022, for
the purpose of submitting to City voters a measure
modernizing the City’s Business License Tax;
requesting consolidation with the Gubernatorial
General Election and election services from Santa
Clara County; directing the City Attorney to prepare
an impartial analysis; setting priorities for ballot
arguments; and approval of the draft amendment to
the Santa Clara City Code to incorporate the
proposed changes if the measure is approved by the
voters.

Recommendation:

City of Santa Clara Page 3 of 21 Printed on 7/8/2022
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Meeting Agenda July 12, 2022

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

4.A Action on Council and Authorities Concurrent & Special Stadium Authority Meeting Minutes of March 8, 2022, Special City Council Meeting Minutes of March 9, 2022, Stadium Authority & Special City Council Meeting Minutes of March 15, 2022, Joint Council and Authorities Concurrent & Stadium Authority Meeting of March 22, 2022, and Special City Council Meeting of March 29, 2022
22-830
Approve the Meeting Minutes of:

4.B 22-23 Board, Commissions and Committee Minutes
Note and file the Minutes of:

Bicycle and Pedestrian Advisory Committee - March 28, 2022 Bicycle and Pedestrian Advisory Committee - May 11, 2022 Recommendation:

4.C Action on Award of Purchase Order to L.N. Curtis for Personal Protective Equipment for Emergency Response Personnel
22-750
Authorize the City Manager to execute a purchase
order with L.N. Curtis for personal protective
equipment for the Fire Department with maximum
compensation not-to-exceed $461,934.41.

Recommendation:

City of Santa Clara Page 4 of 21 Printed on 7/8/2022
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Meeting Agenda July 12, 2022

4.D Action on Award of Contract for the High-Intensity Activated Crosswalk Beacon on Scott Boulevard at Harrison Street
Project to Bear Electrical Solutions, Inc.
22-189

1. Award the Public Works Contract for the
High-Intensity Activated Crosswalk Beacon on
Scott Boulevard at Harrison Street Project to the
lowest responsive and responsible bidder, Bear
Electrical Solutions, Inc., in the amount of $419,614,
and authorize the City Manager to execute any and
all documents associated with, and necessary for
the award, completion, and acceptance of this
Project; and

2. Authorize the City Manager to execute change
orders up to approximately 10 percent of the
original contract price, or $41,961, for a total not to exceed amount of $461,575.

Recommendation:

4.E Action on a Resolution Approving Purchase and Sale
Agreements for Easements on the Memorex Junction
Transmission Line Extension Project
22-837

1. Adopt the Resolution approving the purchases of
overhead electric easements at 2380 Lafayette
Street [APN 224-63-020], 1045 Shulman Avenue
[APN 224-63-006], and 2206 Lafayette Street
[APN 224-67-042]; and

2. Authorize the recordation thereof.

Recommendation:

City of Santa Clara Page 5 of 21 Printed on 7/8/2022
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Meeting Agenda July 12, 2022

4.F Action on an Agreement with Environmental Systems Research Institute, Inc. for ArcGIS Geographic Information System Software and Support Services
22-758

1. Authorize the City Manager to execute an
agreement with Environmental Systems Research
Institute, Inc. for Arc GIS Geographic Information
System software and support services for a
three-year term starting on or around August 17,
2022 and ending on or around August 16, 2025,
with maximum compensation not to exceed
$247,500, subject to the appropriation of funds;

2. Authorize the City Manager to execute amendments
to add and/or delete system functionalities, subject
to the appropriation of funds; and

3. Authorize the City Manager to renew the agreement
with Environmental Systems Research Institute, Inc.
at the end of the three-year term, for as long as the
software is being used by the City and subject to
the appropriation of funds.

Recommendation:

4.G Action on an Agreement with Orchard Commercial, Inc. for Property Management Services at the Santa Clara Convention Center Complex - Maintenance District No. 183
22-819

1. Authorize the City Manager to execute an
agreement with Orchard Commercial, Inc. for
property management services at the Santa Clara
Convention Center Complex - Maintenance District
No. 183 for an initial five-year term, with maximum
compensation not-to-exceed $394,200; and

2. Authorize the City Manager to execute up to five
one-year options to extend the agreement after the
initial term and to approve potential annual price
adjustments, subject to the appropriation of funds.

Recommendation:

City of Santa Clara Page 6 of 21 Printed on 7/8/2022
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Meeting Agenda July 12, 2022

4.H Action on Amendment No. 1 to Extend the Term of the Agreement with Brightview Landscape Services, Inc. for
Landscaping and Tree Care Services at the Santa Clara
Convention Center Complex - Maintenance District No. 183 22-459
Authorize the City Manager to execute Amendment
No. 1 to the Agreement with Brightview Landscape
Services, Inc. for Landscaping and Tree Care
services at the Santa Clara Convention Center
Complex - Maintenance District No. 183 to increase
maximum compensation by $40,000 for a revised
maximum compensation of $1,019,801, and extend
the term of the agreement through August 31, 2022.

Recommendation:

4.I Action on the Approval of a Municipal Law Enforcement Services Agreement with San Francisco Police Department 22-866
Approve the Municipal Law Enforcement Services
Agreement between the Santa Clara Stadium
Authority, City of Santa Clara, and San Francisco
Police Department for support services associated
with events at Levi’s Stadium.

Recommendation:

City of Santa Clara Page 7 of 21 Printed on 7/8/2022
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Meeting Agenda July 12, 2022

4.J Action to Delegate Authority to the City Manager to Either A) Enter Into a Third Phase Agreement With Northern California Power Agency (NCPA), or B) Complete Negotiations and
Execute a Renewable Energy Purchase and Sale Agreement
With Calpine Corporation (Calpine) to Purchase Renewable Energy From a Portfolio of Geothermal Projects Owned by Calpine
22-859

1. Authorize the City Manager, or designee, to either
(a) enter into a Third Phase Agreement with the
Northern California Power Agency (NCPA), or (b)
complete negotiations and execute a renewable
energy purchase and sale agreement directly with
Calpine Corporation (Calpine) to purchase
renewable energy from a portfolio of geothermal
projects owned by Calpine, subject to budget
appropriations;

2. Authorize the City Manager, or designee, to
execute all related documents or agreements,
including, but not limited to, collateral assignment
agreements; and take any and all actions as are
necessary or advisable to implement and
administer either the Third Phase Agreement or
renewable energy purchase and sale agreement;
and

3. Authorize the City Manager, or designee, to
approve and execute amendments to the either the
Third Phase Agreement or renewable energy
purchase and sale agreement, as may be required
from time to time, so long as the contract price and
length of the agreement remain unchanged.

Recommendation:

City of Santa Clara Page 8 of 21 Printed on 7/8/2022
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Meeting Agenda July 12, 2022

4.K Action on Amendment to Covenants, Conditions, and
Restrictions for Casa del Rey Homeowner Association Located at 1303 Karmen Court
22-865
Alternative 1:

Approve two versions of the proposed amendments to
the CC&Rs for the Casa del Rey Homeowner
Association: (1) the version originally proposed by the HOA, for immediate recordation, and (2) the version
containing the two revisions required by the CAO; with
a condition that the HOA shall submit the second
version for a vote to its residents at its next board
election.

Recommendation:

4.L Action on Contract No. 2420A with Hot Line Construction, Inc. for Electric Utility Overhead Services and Contract No. 2004D with Daleo, Inc. for Electric Utility Substructure and Aerial Fiber Optic Cable Authorizing the City Manager to Negotiate and Execute Amendments to the Contracts to Extend the Term One Year, Renegotiate Rates, and Increase Total Maximum
Compensation.
22-162
Authorize the City Manager to:

1. Negotiate and execute Amendment No. 2 to
Contract No. 2420A with Hot Line Construction, Inc.
for Electric Utility Overhead Services to extend the
term one year authorizing staff to issue call orders
through July 31, 2023, renegotiate rates due to
increased labor and material costs, and increase
total maximum compensation by $2,000,000 to
$5,000,000; and

2. Negotiate and execute Amendment No. 3 to
Contract No. 2004D with Daleo, Inc. for Electric
Utility Substructure and Aerial Fiber Optic Cable to
extend the term of the agreement one year
authorizing staff to issue call orders through July 31, 2023, renegotiate rates due to increased labor and
material costs, and increase total maximum
compensation by $4,000,000 to $10,000,000.

Recommendation:

City of Santa Clara Page 9 of 21 Printed on 7/8/2022
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Meeting Agenda July 12, 2022

4.M Action on a Resolution Authorizing the Use of City Electric Forces for New Dark Fiber Installations at Various Locations 22-161
Adopt a Resolution authorizing the use of City Electric Forces for work detailed in this report located at
Lafayette Street to Calle Del Mundo, Fairway Glen
Park, Montague Park, and 2800 Mead Avenue.

Recommendation:

4.N Action on a Resolution Authorizing the Use of City Electric Forces at Various Locations
22-800
Adopt a Resolution authorizing the use of City Electric Forces as described above at 3050 Oakmead Village
Drive,1850 El Camino Real, 915 Walsh Avenue,
Patricia Drive, Los Padres Boulevard, Cabrillo
Avenue, Monroe Street, Forbes Avenue, and
Pomeroy Avenue.

Recommendation:

4.O Action on a Resolution Ordering the Summary Vacation of Centennial Boulevard between Tasman Drive and Stars and Stripes Drive, a Portion of Stars and Stripes Drive, and a Portion of Tasman Drive
22-452
Adopt a Resolution ordering the summary vacation of
Centennial Boulevard between Tasman Drive and
Stars and Stripes Drive, and a portion of Stars and
Stripes Drive [vicinity of APN104-03-036, 037, 038,
039, and 040 (2020-21)]; and a portion of Tasman
Drive [vicinity of APN104-03-036, 037, and 038
(2021-22)] SC21-0025.

Recommendation:

4.P Adopt a Resolution Declaring the Results of the Canvass of Returns of the Consolidated Special Municipal Election held on June 7, 2022 with the Statewide Direct Primary Election 22-868
Adopt a resolution declaring the results of the
Consolidated Special Municipal Election held on
June 7, 2022, with the Statewide Direct Primary
Election.

Recommendation:

City of Santa Clara Page 10 of 21 Printed on 7/8/2022
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Meeting Agenda July 12, 2022

4.Q Action on a Joint Resolution Delegating Authority to the City Manager/Executive Director for City/Santa Clara Stadium Authority/Contract Administrator for Sports and Open Space Authority/Executive Director for Housing Authority During the Council Recess from July 13, 2022 to August 15, 2022
22-877
That the City Council/Stadium Authority Board/Sports
and Open Space Authority/Housing Authority:

Adopt a Joint Resolution delegating authority to the
City Manager/Executive Officer for City/Santa Clara
Stadium Authority/Contract Administrator for Sports
and Open Space Authority/Executive Director for
Housing Authority to approve project related
documents during the Council recess from July 13,
2022 to August 15, 2022 and requiring the City
Manager/Executive Director/Contract Administrator to
submit a report on actions taken during the Council
recess at a City Council/Stadium Authority/Sports
and Open Space Authority/Housing Authority meeting
in September 2022.

Recommendation:

4.R 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
22-899
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.

Recommendation:

City of Santa Clara Page 11 of 21 Printed on 7/8/2022
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Meeting Agenda July 12, 2022

4.S Authorize the City Manager to execute the 2020-2025 Memorandum of Understanding Between the City of Santa
Clara and the Santa Clara Firefighters, International Association of Firefighters, Local 1171 (hereafter, “Unit 1”), that incorporates the terms of the Tentative Agreement and Approve the Related Budget Amendment
22-912

1. Authorize the City Manager to execute the
Memorandum of Understanding between the City of
Santa Clara and the Santa Clara Firefighters,
International Association of Firefighters, Local 1171
(Unit 1) with effective dates of December 27, 2020 -
December 31, 2025, that incorporates the terms of
the Tentative Agreement; and

2. Approve the FY 2022/23 budget amendment in the
General Fund to increase the Fire Department’s
salaries and benefits appropriation by $2.5 million and decrease the General Fund Land Sale Reserve by
$2.5 million (five affirmative Council votes
required).

Recommendation:

SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR

5.A Action on Stadium Authority Bills and Claims for the Month of April 2022
22-672
Approve the list of Stadium Authority Bills and Claims
for April 2022.

Recommendation:

City of Santa Clara Page 12 of 21 Printed on 7/8/2022
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5.B Action on Amendment No. 1 to the Agreement as Amended with The Pun Group, LLP for Auditing Services for the Santa Clara Stadium Authority
22-921
Approve and authorize the Executive Director to
execute Amendment No. 1 to the Agreement with The
Pun Group, LLP for auditing services to retroactively
extend the term of the agreement to March 31, 2023
and revise Attachment A relating to the “Agreed upon
Procedures” to be performed.

Recommendation:

5.C Action on Request Submitted by the Stadium Manager to Award Purchase Order to Lutron Services Co., Inc. (Lutron) for Technology Support Plan for Lutron Lighting System at Levi’s Stadium

5.C.1 Request from the Stadium Manager to Award Purchase Order to Lutron Services Co., Inc. (Lutron) for Technology Support Plan for Lutron Lighting System at Levi’s Stadium
22-908

5.C.2 Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Award Purchase Order to Lutron
Services Co., Inc. (Lutron) for Technology Support Plan for Existing Lutron Lighting System at Levi’s Stadium
22-909
Approve the Stadium Manager’s request to award a
purchase order to Lutron for technology support plan
for Levi Stadium’s existing Lutron lighting system for a three year term from July 15, 2022 to July 14, 2025, in an amount not to exceed $46,091 per contract year
for a total not to exceed amount of $138,273 over the
three year period, subject to budget appropriations;
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.

Recommendation:

5.D Action on Request Submitted by the Stadium Manager to Award Purchase Order to LRG Technologies, Inc. DBA Mobile Pro Systems for Mobile Pro Falcon 3100 Trailers (Mobile Security Closed Circuit Television (CCTV) Pop Up Trailers CapEx Project) City of Santa Clara Page 13 of 21 Printed on 7/8/2022
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5.D.1 Request from the Stadium Manager to Award Purchase Order to LRG Technologies, Inc. DBA Mobile Pro Systems for Mobile Pro Falcon 3100 Trailers (Mobile Security Closed Circuit Television (CCTV) Pop Up Trailers CapEx Project)
22-910

5.D.2 Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Award Purchase Order to LRG
Technologies, Inc. DBA Mobile Pro Systems for Mobile Pro Falcon 3100 Trailers (Mobile Security Closed Circuit Television (CCTV) Pop Up Trailers CapEx Project)
22-911
Approve the Stadium Manager’s request to award a
one-time purchase order to Mobile Pro in the amount
of $245,934 to purchase four Mobile Pro Falcon
3100 trailers (Mobile Security CCTV Pop Up Trailers
CapEx Project); 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.

Recommendation:

5.E Action on Request Submitted by the Stadium Manager to Award Purchase Orders to Pacific Coast Flag for City of Santa Clara Flags for Levi’s Stadium and Guardian Booth LLC for Security 24/7 Gate C Employee Entrance Booth CapEx Project

5.E.1 Request from the Stadium Manager to Award Purchase Orders to Pacific Coast Flag for City of Santa Clara Flags for Levi’s Stadium and Guardian Booth LLC for Security 24/7 Gate C Employee Entrance Booth CapEx Project
22-914
City of Santa Clara Page 14 of 21 Printed on 7/8/2022
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Meeting Agenda July 12, 2022

5.E.2 Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Award Purchase Orders to Pacific Coast Flag for City of Santa Clara Flags for Levi’s Stadium and Guardian Booth LLC for Security 24/7 Gate C Employee
Entrance Booth CapEx Project
22-915

1. Approve the Stadium Manager’s request to award a
purchase order to Pacific Coast Flag in the amount
of $1,280 to purchase City of Santa Clara flags for
Levi’s Stadium; 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

2. Approve the Stadium Manager’s request to award a
purchase order to Guardian Booth LLC in the
amount of $25,775 to purchase a pre-manufactured
security guard booth (Security 24/7 Gate C
Employee Entrance Booth CapEx Project); 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.

Recommendation:

5.F Action on Request Submitted by the Stadium Manager to Award Purchase Order to MAMAVA, Inc. to Purchase Mamava XL Lactation Pods (Private Lactation Spaces CapEx Project)

5.F.1 Request from the Stadium Manager to Award Purchase Order to MAMAVA, Inc. to Purchase Mamava XL Lactation Pods (Private Lactation Spaces CapEx Project)
22-924
City of Santa Clara Page 15 of 21 Printed on 7/8/2022
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Meeting Agenda July 12, 2022

5.F.2 Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Award Purchase Order to MAMAVA, Inc. to Purchase Mamava XL Lactation Pods (Private Lactation Spaces CapEx Project)
22-926
Approve the Stadium Manager’s request to award a
one-time purchase order to MAMAVA, Inc. with an
addendum in the amount of $90,119 to purchase
three Mamava XL lactation pods with custom graphics
and related accessories (Private Lactation Spaces
CapEx Project); 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.

Recommendation:

5.G Action on Request Submitted by the Stadium Manager to Award Purchase Orders to EyeP Solutions, Inc. for Software Upgrade to Genetec 5.8 CapEx Project, Video Analytics CapEx Project, License Plate Reader Cameras at Vehicle Entry Gates CapEx Project, and Additional Software License Subscriptions

5.G.1 Request from the Stadium Manager to Award Purchase Orders to EyeP Solutions, Inc. for Software Upgrade to Genetec 5.8 CapEx Project, Video Analytics CapEx Project, License Plate Reader Cameras at Vehicle Entry Gates CapEx Project, and Additional Software License Subscriptions
22-927
City of Santa Clara Page 16 of 21 Printed on 7/8/2022
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Meeting Agenda July 12, 2022

5.G.2 Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Award Purchase Orders to EyeP
Solutions, Inc. for Software Upgrade to Genetec 5.8 CapEx Project, Video Analytics CapEx Project, License Plate Reader Cameras at Vehicle Entry Gates CapEx Project, and Additional Software License Subscriptions
22-928

1. Approve the Stadium Manager’s request to award
a one-time purchase order to EyeP Solutions, Inc.
in the amount of $15,500 to provide professional
services to upgrade the Genetec security system
(Software Upgrade to Genetec 5.8 CapEx Project);
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 one-time purchase order to EyeP Solutions, Inc.
in the amount of $32,896 to provide KiwiVision
software licenses to assist with video investigations
(Video Analytics CapEx Project); 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 one-time purchase order to EyeP Solutions, Inc.
in the amount of $41,662 to provide camera kits,
related Genetec software license subscriptions, and
remote deployment services (License Plate Reader
Cameras at Vehicle Entry Gates CapEx Project);
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 one-time purchase order to EyeP Solutions, Inc.
in the amount of $2,746 to provide Genetec
Federated and Omnicast Camera software license
subscriptions; 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.

Recommendation:

City of Santa Clara Page 17 of 21 Printed on 7/8/2022
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Meeting Agenda July 12, 2022

PUBLIC PRESENTATIONS
[This item is reserved for persons to address the Council or authorities on any matter not on the agenda that is within the subject matter jurisdiction of the City or Authorities. The law does not permit action on, or extended discussion of, any item not on the agenda except under special circumstances. The governing body, or staff, may briefly respond to statements made or questions posed, and appropriate body may request staff to report back at a subsequent meeting. Although not required, please submit to the City Clerk your name and subject matter on the speaker card available in the Council Chambers.]

CONSENT ITEMS PULLED FOR DISCUSSION

PUBLIC HEARING/GENERAL BUSINESS

6. Public Hearing: Action on a Resolution of Necessity to Acquire Certain Real Property Interests on 1040 Di Giulio Avenue, Santa Clara, California, from John P. Anderson, as Trustee of the John P. Anderson Revocable Living Trust, Dated September 11, 1984
22-735
Alternative 1: Adopt a Resolution of Necessity to
acquire certain real property interests on 1040 Di
Giulio Avenue, Santa Clara, California, from John P.

Anderson. (Five affirmative votes required
[California Code of Civil Procedure section
1245.245]).

Recommendation:

7. Public Hearing: Action on a Resolution of Necessity to Acquire Certain Real Property Interests on 2265 Lafayette Street, Santa Clara, California, from SEW LLC
22-737
Alternative 1: Adopt a Resolution of Necessity to
Acquire Certain Real Property Interests on 2265
Lafayette Street, Santa Clara, California, from
SEW, LLC.(Five affirmative votes required
[California Code of Civil Procedure section
1245.245]).

Recommendation:

8. Action on Proposed Amendment No. 1 to Lozano Smith LLP Legal Services Agreement for Interim City Attorney Services to Increase Maximum Compensation to $900,000, and to Modify Section 8 Billing Standards as well as Exhibit B
22-938
Recommendation: Staff makes no recommendation.

City of Santa Clara Page 18 of 21 Printed on 7/8/2022
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Meeting Agenda July 12, 2022

9. Public Hearing: Actions on a Multi-family Residential Project at 3141 - 3155 El Camino Real
22-841
Alternatives:1, 2 and 4

1. Adopt a resolution to adopt the Mitigated Negative
Declaration and the Mitigation Monitoring and
Reporting Program for the 3155 El Camino Real
Residential Project;

2. Adopt a resolution to approve a rezoning from
Thoroughfare Commercial (CT) to Planned
Development (PD) to allow development of 60
condominium units consisting of 40 townhomes
and 20 flats, private street, landscaped open
space, surface parking and site improvements.
[Developer’s Proposal]; and

4. Adopt a resolution to approve the Tentative Tract
Map to subdivide the land into residential
condominiums and a common interest lot to serve
the development.

Recommendation:

10. Action on Consideration of Installation of Centerline Pavement Striping on Bray Avenue
22-883
Recommendation: Staff makes no recommendation.

11. Response to Councilmember Becker’s Written Request
regarding the Recent Appointment of Ron Patrick to the
Planning Commission
22-942
Recommendation: Staff has no recommendation
WRITTEN PETITION (COUNCIL POLICY 030) REQUESTS SUBMITTED BY THE PUBLIC/COUNCIL

12. Action on a Written Petition (Council Policy 030), Submitted by Cecilia Aguiar Requesting to Place an Agenda Item on a Future Council Meeting to Consider Traffic Calming Measures on Cabrillo Avenue
22-869
Recommendation: Staff makes no recommendation.

City of Santa Clara Page 19 of 21 Printed on 7/8/2022
Joint Council and Authorities Concurrent
& Stadium Authority & Special Planning Commission
Meeting Agenda July 12, 2022

13. Action on a Written Petition (Council Policy 030), Submitted by Craig Larsen Requesting to Place an Agenda Item on a Future Council Meeting to Hear an Explanation by Councilmember Kevin Park on the Apparent Inconsistent Statements in Official Filings Regarding Employment and Sources of Income
22-933
Recommendation: Staff makes no recommendation.

REPORTS OF MEMBERS AND SPECIAL COMMITTEES

CITY MANAGER/EXECUTIVE DIRECTOR REPORT

ADJOURNMENT
The next regular scheduled meeting is on Tuesday, August 16, 2022, in the City Hall Council Chambers.

City of Santa Clara Page 20 of 21 Printed on 7/8/2022
Joint Council and Authorities Concurrent
& Stadium Authority & Special Planning Commission
Meeting Agenda July 12, 2022
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.

City of Santa Clara Page 21 of 21 Printed on 7/8/2022

MEETING DISCLOSURES
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-896 Agenda Date: 7/12/2022

SUBJECT
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) City of Santa Clara Page 1 of 1 Printed on 7/8/2022
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-939 Agenda Date: 7/12/2022

SUBJECT
Conference with Real Property Negotiators (CC)
Pursuant to Gov. Code § 54956.8
Property: 5401 Lafayette Street, Santa Clara, CA, APN: 097-01-073 City/Authority Negotiator: Rajeev Batra, City Manager (or designee) Negotiating Parties: Police Athletic League, Mike Walke, President Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms) City of Santa Clara Page 1 of 1 Printed on 7/8/2022
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-886 Agenda Date: 7/12/2022

REPORT TO COUNCIL

SUBJECT
Joint City Council and Planning Commission Study Session on the Housing Element Update

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
State law requires that local jurisdictions, such as Santa Clara, maintain a General Plan with a Housing Element that is periodically approved and annually reviewed by the State Department of Housing and Community Development (HCD). For Bay Area towns, cities, and counties, the next Housing Element, covering the years 2023-2031, must be approved by HCD by January 2023 or be considered out of compliance and subject to penalties. The State assigns a specific amount of new housing development for each jurisdiction to address in the Housing Element, identified as the City’s Regional Housing Needs Allocation (RHNA). The City’s RHNA for 2023-2031 is 11,632 units with more than half of these units distributed into three categories of designated affordability and the remainder market rate. Santa Clara, with help from the City’s planning consultant, MIG, Inc., is currently preparing a comprehensive update of the City’s General Plan Housing Element to fulfill the State requirements.

The Housing Element has several required components, including an available sites inventory and sections that address: policies and strategies to promote housing development; Affirmatively Further Fair Housing (AFFH) requirements; and community outreach. These elements collectively must identify sites planned for new housing and support pro-housing policies and strategies to demonstrate that Santa Clara can potentially achieve the development of the City’s RHNA by the end of the 6th Housing Element Cycle in January 2031.

Public participation in the update process is a critical component of achieving a Housing Element that reflects the values and preferences of the community and will be approved by the State. In addition to targeted outreach to numerous housing stakeholder groups through questionnaires and follow-up interviews, the City distributed a community survey that was open from May 16, 2022 through July 8, 2022. The community survey, which was available in English, Spanish, Chinese, and Vietnamese, was distributed at pop-up events at the Central Park and Northside libraries in June, via article in the June City Hall News, multiple GovDelivery bulletins, and by email. As of July 1, 2022, the City has received approximately 1,600 survey responses.

DISCUSSION
The purpose of this study session is to provide and review:
a) A summary of feedback from housing stakeholders
b) A summary of community survey results
City of Santa Clara Page 1 of 2 Printed on 7/8/2022
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22-886 Agenda Date: 7/12/2022
c) An updated Housing Element Update schedule
d) City Council input on the Housing Element process

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15378(b)(5) in that it is a governmental organization or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
There is no fiscal impact associated with this status report. On January 25, 2022, the City Council approved a consultant agreement with MIG, Inc. to update the City’s Housing Element and accepted $499,150 in reimbursable grant funding from the State’s Local Early Action Planning (LEAP) grant program. Of this grant funding, $199,968 will be used to fund MIG’s work and the remaining $299,182 will be used to fund City staff expenses. All grant funds must be expended on or before December 31, 2023.

COORDINATION
This report was coordinated with the City Attorney’s Office.

PUBLIC CONTACT
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.

RECOMMENDATION
Note and file the report on the Housing Element Update.

Reviewed by: Andrew Crabtree, Director, Community Development Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. GovDelivery Bulletin for Community Survey
City of Santa Clara Page 2 of 2 Printed on 7/8/2022
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We want to hear from you!
Help the City of Santa Clara set its housing priorities by taking a short online survey.

The survey has been extended until July 8. For more information. visit SantaClaraCA.gov/HousingElementUpdate
Take the survey
;Queremos conocer su opinion ;
Ayude fa ciudad de Santa Clara a establecer sus prioridades al participar en UBa encuesta breve en linea. La encuesta se h a extendido hasta el 8 de Julio.

Para mas informaci6n, \lisite: SantaClaraCA.govfHousinqElementUpdate Responda la Encuesta
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https://www.suiveymonkey.com/r/CSCH31W
CUQc khao s.it da dU'Q'C keo dai def! rg,ly 8 thaflg 7. 0e biet them thdng tin, hay truy c~p: SantaClaraCA.gov/HousingElementUpdate
Th\l'C hien khao sat
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-936 Agenda Date: 7/12/2022

REPORT TO COUNCIL

SUBJECT
Discussion and Adoption of a Resolution Calling for a Municipal General Election and Ordering Consolidation with the Gubernatorial General Election for the Purpose of Submitting to the Voters a Business License Tax (BLT) Modernization Measure; Authorizing the City Clerk to Contract with the County of Santa Clara for Services to be Performed in Connection with the Gubernatorial General Election to be Held on November 8, 2022, as well as Directing the City Attorney to Prepare an Impartial Analysis; and Setting Priorities for Ballot Arguments (Continued from July 5, 2022)

COUNCIL PILLAR
Deliver and Enhance High-Quality, Efficient Services and Infrastructure

BACKGROUND
At the July 5, 2022 City Council meeting, Staff presented recommendations to adopt two resolutions for the placement of a Utility Transfer Charter Amendment and a Business License Tax Modernization Measure on the November 2022 ballot. (See Attachment 1, RTC 22-891). These recommendations were based on the extensive outreach and engagement process with multiple and diverse stakeholder groups that has occurred since the beginning of the year.

Following the staff presentation, public comments and Council discussion, the City Council unanimously approved the placement of the Utility Transfer Charter Amendment, but continued action related to the Business License Tax Modernization Measure to July 12, 2022 and asked staff to facilitate an ad hoc working group comprised of Councilmembers Chahal, Hardy and Park to further engage with the Silicon Valley Central Chamber and any other stakeholders, regarding comments received on the proposed measure at the July 5, 2022 meeting.

In accordance with Council’s direction, a meeting comprised of diverse stakeholders representing the Chamber, large businesses in Santa Clara, City Boards & Commissions and the general public was scheduled for Friday, July 9.

Given the limited time between meetings, it was agreed that a transmittal report would be included in the Council agenda packet with recommendations presented as supplemental material.

This report will serve as the transmittal report.

DISCUSSION
While a supplemental report based on the efforts of the working group will be provided, it should be noted that the continuance of the item requires a resetting of the timelines for submission of the resolution, arguments, rebuttals and impartial analysis to the City Clerk.

In accordance with Elections Code Section 9285(a) the City Clerk as the local Elections Official has set the following deadlines:  adoption of the ballot resolution on July 12, 2022; arguments due by 5:00 p.m. to the City Clerk’s office on July 26, 2022; rebuttals due by 5:00 p.m. to the City Clerk’s office on August 5, 2022. The City Attorney shall draft an impartial analysis on the measure, which is also due on Friday, August 5, 2022. The deadline to submit the Resolution to the County Registrar of Voters (ROV) is 5:00 p.m. on August 12th; the deadline to submit Arguments to the ROV is 5:00 p.m. on August 16 and the deadline to submit Rebuttals and Impartial Analysis to the ROV is 5:00 p.m. on August 23, 2022.

It should also be noted that the recommendation to delete the definition of “fiscal year” in the resolution and attached ordinance presented at the July 5, 2022 Council meeting has been incorporated in the revised proposed resolution, Attachment 3, and will be incorporated into the supplemental report and any other subsequently proposed resolutions.

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22-936 Agenda Date: 7/12/2022

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA guidelines section 15378(b)(5) in that it is a governmental organization or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
Additional ongoing revenues of approximately $8 million is projected from a successful passage of the proposed Business License Tax Ballot Measure, effective January 1, 2024. The actual amounts will be dependent on the actual proposal, if any, that is brought forward, and whether the measure is successful at the November 2022 ballot.

The FY2022/23 Adopted Budget includes $350,000 to cover election costs and existing funding to conduct basic education and voter outreach. Actual costs will be determined by the County Registrar of Voters based on the number of ballots and the actual printing costs allocated to the City of Santa Clara. A future budget amendment may be brought forward at a later date if required.

COORDINATION
This report has been coordinated with the City Manager’s Office, the Finance Department, the City Clerk’s Office and City Attorney’s Office.

PUBLIC CONTACT
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 report to council may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.

ALTERNATIVES

1. Adopt a resolution ordering submission of a ballot measure to the qualified electors of the City; calling for a Special Municipal Election to be held in the City of Santa Clara on Tuesday, November 8, 2022, for the purpose of submitting to City voters a measure modernizing the City’s Business License Tax; requesting consolidation with the Gubernatorial General Election and election services from Santa Clara County; directing the City Attorney to prepare an impartial analysis; setting priorities for ballot arguments; and approval of the draft amendment to the Santa Clara City Code to incorporate the proposed changes if the measure is approved by the voters.

2. Other direction as approved by the City Council

RECOMMENDATION

Reviewed by: Cynthia Bojorquez, Assistant City Manager
Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. July 5, 2022 Report to Council (22-891)

2. Summary of Community Engagement Process Input

3. Revised Resolution Placing Business License Tax on November 2022 Ballot from July 5, 2022 City of Santa Clara Page 2 of 2 Printed on 7/8/2022
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-891 Agenda Date: 7/5/2022

REPORT TO COUNCIL

SUBJECT
Adoption of Resolutions Calling for a Municipal General Election and Ordering Consolidation with the Gubernatorial General Election for the Purpose of Submitting to the Voters a Business License Tax (BLT) Modernization Measure and Utility Transfer Charter Amendment; Authorizing the City Clerk to Contract with the County of Santa Clara for Services to be Performed in Connection with the Gubernatorial General Election to be Held on November 8, 2022, as well as Directing the City Attorney to Prepare an Impartial Analysis; and Setting Priorities for Ballot Arguments

COUNCIL PILLAR
Deliver and Enhance High-Quality, Efficient Services and Infrastructure

BACKGROUND
The City Council has identified modernization of the City’s employee-based business license tax and an amendment of the Utility Transfer Tax provisions in the City Charter as priorities for voter consideration on the November 2022 General Election Ballot. The Council directed Staff to bring forward a workplan and timeline for successfully placing these measures before the voters. This information was presented and approved by the City Council at the February 8, 2022 Council Priority Setting Session.

On December 7, 2021, the City conducted voter research and community engagement through the City’s professional and public opinion research experts. In January 2022, 600 voters likely to participate in a November 2022 General Election were surveyed on a variety of issues, attitudes, and service priorities, including gauging support for various mechanisms to achieve those goals, inclusive of a Business License Tax Modernization Measure and a Utilities Transfer Tax Charter Amendment. This work was augmented by focus group meetings conducted with local businesses in February 2022. Results of this preliminary voter research and stakeholder outreach were presented to the City Council at the February 2022 Council Priority Setting Session.

At that time, the City Manager advised the City Council that Staff would continue with best practice research and a community engagement process with a goal of bringing forward ballot measure recommendations to the City Council before July 12, 2022, ahead of the August deadline to submit to the County Registrar of Voters.

The purpose of this report is to provide the Council with a summary of the community and stakeholder engagement process completed to date, to share feedback from stakeholders and to bring forward the required resolutions to place two measures on the November 2022 ballot: 1) Modernization of the City’s Business License Tax; and a 2) Utilities Transfer Tax Charter Amendment to update Section 1320 of the City Charter to align the City’s Charter with recent amendments to the California Constitution that requires certain fees and charges by public agencies to be approved by voters. Affirmation of the practice and amendment of the Charter will preserve the City’s long-standing practice of an annual utilities transfer in the amount of approximately $30,000,000 to the City’s General Fund to fund and maintain essential City services.

DISCUSSION
Modernization of the Business License Tax:

All businesses operating within the City of Santa Clara (including those operating in but located outside of Santa Clara), must have a license to transact business or occupy space in the city.

Last updated in 1992, the current employee-based tax rate ranges from a low of $15 for a sole proprietor to a maximum of $500 for businesses that exceed a total of 1,000 employees. With approximately 7,000 current business license City of Santa Clara Page 1 of 12 Printed on 6/30/2022
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22-891 Agenda Date: 7/5/2022
holders in the City, the business license tax program generates approximately $900,000 annually to support General Fund programs. This represents about .4% of the City’s total General Fund. While the business license tax has remained unchanged for the past thirty (30) years, without a cost escalator component, the value of that revenue has declined. In comparison, the City is currently projected to receive approximately $9 million in transient occupancy taxes (TOT) from the hospitality industry or 5% of the City’s total General Fund - this is down from $24 million pre-pandemic. The TOT was updated two years ago to reflect current needs.

The City of Santa Clara business license tax structure includes multiple tax categories with varying rates and more than 20 alternative tax rates for businesses such as ambulance services, contractors, theaters, taxi cabs and bowling lanes that have historically been exempt from the employee headcount tax rate. This area has been identified as an opportunity to streamline the administration to create a more equitable, easily understood tax structure.

Another opportunity for ease of administration is consolidating business license tax bills. Currently, each business location is required to obtain a separate business license. As a result, businesses with multiple locations receive multiple tax bills, pay per location and, potentially, at various times throughout the year. The business community has asked the City to explore the feasibility of bill consolidation so that they receive one bill and can pay in one transaction.

Technological advances have given rise to a new phenomenon in the business environment that could not have been envisioned when the business tax program was initially adopted - the remote and/or hybrid work environment that has become a hallmark of the COVID19 business environment. As employers struggle to adapt to this evolving shift in the workplace, it becomes increasingly important-and difficult-to properly account for the number of employees that should be factored into the business tax rate calculation. The business community has asked the City to develop simple, objective measures for accounting and reporting purposes that consider the new hybrid work environment when looking to modernize the Business License Tax program.

Over the past 30 years, the business environment in Santa Clara-and the surrounding valley-has changed significantly.

The size and number of businesses located in the City and the number of employees who work in Santa Clara, have increased exponentially. While the $500 cap may have been appropriate in 1992, it is now an equity issue for small businesses who view the disproportionate impact of their fee compared to the fees charged to large businesses.

Moreover, the ability of local businesses to pay what is perceived to be “their fair share” has also changed significantly as local businesses have grown in size and profits.

The following chart illustrates how Santa Clara’s current Business License Tax rate compares to select neighboring cities with employee-based business taxes:

This chart illustrates that Santa Clara’s current tax rate is significantly lower than the market. It is important to note that while the City of Mountain View is on the high end for large businesses, their methodology factors into account one very large employer. In the case of San Jose, the tax is significantly higher for small businesses and considerably lower for large businesses than in the City of Mountain View. This methodology is in direct contrast to the desired values expressed to Staff by the City Council to protect small businesses. While the rate in Sunnyvale is on the low end, Sunnyvale had considered a possible adjustment pre-COVID but has since deferred action on this item. Unlike Santa Clara, however, the Sunnyvale model includes a Consumer Price Index (CPI) adjustment factor.

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Single 5 50 1,000 2,500 5,000
City employee employees employees employees employees employees Mountain $75 $95 $445 $84,195 $271 ,695 $584,1 95
View
San Jose $207 $307 $1,966 $59,544 $159,219 $166,365
Santa Clara $15 $30 -$70 $100-$380 $500 $500 $500
Sunnyvale $41 $69 $694 $13,188 $13,188 $13, 188
22-891 Agenda Date: 7/5/2022
It is the opportunity to modernize a tax structure that is difficult to administer, inequitable in its application, and has the potential to realize much-needed revenue to maintain essential City services that has led to the study of a potential November 2022 ballot measure. The following section of this report provides a summary of the voter research and community engagement process that has been utilized in the development of the recommended ballot measure being brought forward in this report for Council’s consideration.

Voter Research and Community Engagement
In December 2021, the City retained the Lew Edwards Group to conduct voter research and community engagement. A survey of 600 likely voters was conducted in January 2022. The results of this preliminary survey indicated that support for a potential modernization measure was as high as 64% for a simple majority requirement measure. .

In directing Staff to proceed with the development of a ballot measure for the modernization of the business license tax, the Council expressed the following values to guide the work:

1. Modernization of Business License Tax should be structured on a progressive employee head count basis

2. The measure should be equitable in design so that all businesses pay their fair share

3. The measure should be business-friendly and mindful of the impact on small businesses; and

4. Staff should work collaboratively with stakeholders in the development of solutions that will address modernization needs and help maintain essential City services Since January, a team comprised of staff from the City Manager’s Office, the Finance Department and the City Attorney’s Office has worked collaboratively with trained community facilitators to design and implement a robust outreach plan. This plan has included:
• Two voter research surveys of likely voters in the November 2022 election • Focus group meetings with local businesses, including data centers • Listening sessions conducted in coordination with the Silicon Valley Chamber of Commerce (1), a listening session with members of City Boards and Commissions (1); and a listening session for the public and local businesses at large
• Two rounds of Council briefings to keep the Council apprised of stakeholder input and timelines
• Best practice research and conversations with outside agencies considering their own business license tax measures
• Meetings with Chamber representatives (3), NAIPO representatives (1) and a consortium of Santa Clara’s largest employers (3)
• Two interviews with San Jose Spotlight and one with the Silicon Valley Business Journal • Invitations to participate in the community engagement process were sent to the approximately 7,000 current business license tax holders As noted in the voter research survey results conducted in January 2022, a solid majority (61%) perceive a need for additional funding for the City.

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22-891 Agenda Date: 7/5/2022
This sentiment was echoed consistently by stakeholders throughout the community engagement process. While the current economic environment presents challenges, stakeholders consistently acknowledged the need to modernize the 1992 business license tax structure to generate revenue and maintain essential City services.

Other consistent themes include:
• Modernization of the BLT should be fair and equitable. A tiered, employee headcount model is preferred. Strong opposition was expressed to a square footage methodology or a methodology that targeted specific industries.
• The BLT should be simple and easy to administer for both the business community and the City
• Adjustments to the tax rate should be reasonable and predictable. • The rate and administration of the BLT should not act as a disincentive for attracting new business or a factor in compelling current businesses to re-locate outside of Santa Clara • The tax rate should objectively account for remote work, allowing for self-reporting but with clear and consistent criteria for defining employee counts • The City should ensure that services are delivered in the most cost-efficient and cost-effective manner
• Modernization should preserve Santa Clara’s business-friendly environment while balancing the need to maintain high-quality, reliable City services.

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Santa Clara Need for Funding Over Time
A solid majority of voters continue to perceive a need for additional funding for the City. ■ Great need ■ Some need ■ Don't know Little need No need 2022 5% 17% 18%
2018 499' 11% 13% 11%
1EMC1
~~
research
Great/ Little/ Net
Some No Need
61% 35% +26
65% 25% +40
22-891 Agenda Date: 7/5/2022
Enclosed as Attachment 1 is a more detailed summary of the feedback that has received throughout the process.

Consistent with Council’s direction, Staff has utilized an approach of “listening sessions” to gather input from all stakeholders (businesses, large and small; community leaders and residents in Santa Clara and those who work in Santa Clara) on which elements of the current BLT program work and which areas needed modernization. Staff evaluated this feedback within the context of the values expressed by Council in directing Staff to evaluate modernization:

1. Modernization of Business License Tax should be structured on a progressive employee head count basis

2. The measure should be equitable in design so that all businesses pay their fair share

3. The measure should be business-friendly and mindful of the impact on small businesses; and

4. Staff should work collaboratively with stakeholders in the development of solutions that will address modernization needs and help maintain essential City services Proposed Elements of a Modernized Business License Tax Program:

Based on this engagement process, Staff is recommending the following elements of a modernized BLT:

1. Adoption of a tiered, employee-based head count model with a base rate of $75 with incremental increases of $15 to $135 per employee or rental unit with larger businesses paying more, up to a maximum cap of $350,000 (approximately 2,800 employees).

2. Inclusion of a CPI adjustment provision to be reviewed annually by the City Council, with a cap of 5%.

3. An exemption to the business license tax for businesses with gross receipts under $5,000 per year.

4. An effective date of no sooner than January 1, 2024

5. Use of $330,000 in settlement funds in the City Manager’s Office budget to help small businesses transition to tax rates in Year 1 of the new program (2024). Businesses with 1 to 4 employees would be eligible to receive a one-time subsidy in the amount of $80.

6. A reduction in the number of alternative tax rates and the elimination of multiple business categories.

7. The adoption of a base rate of $75 for rental units with an additional flat rate of $15 per unit.

8. The adoption of a base rate of $75 for out-of-town businesses with a per-employee tax prorated based on the number of days work is performed in the City.

9. The consolidation of business license tax requirements such that licenses are no longer required by site but by tax identification number

10.Use of Employment Development Department definitions related to the proper accounting for remote workers with the delegation of authority to the City Finance Director to develop specific criteria related to compliance with reporting requirements and the authority to make necessary adjustments that reflect accurate employee counts.

The following chart illustrates the application of the proposed schedule on a per employee count basis:

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22-891 Agenda Date: 7/5/2022
This model reflects Council’s direction to assume a progressive per-employee head count basis. It includes consistent incremental increases to ensure equity across the range of businesses.

Using this model, Staff then re-visited comparable tax rates in other jurisdictions and the potential impact on the range of business license taxpayers in Santa Clara. The following two charts illustrate this impact:

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r
Range of
Employees Business Tax Rate I
1-4 $75 plus $15 per employee
5-9 $135 plus $30 per emp loyee over 4
10-19 $285 plus $45 per emp loyee over 9
20-49 $735 plus $60 per emp loyee over 19
50-99 $2,535 plus $75 per employee over 49
100-249 $6,285 plus $90 per employee over 99
250-499 $19,785 plus $105 per employee over 249
500-999 $46,035 plus $120 per employee over 499
1000+ $106.035 olus $135 oer emolovee over 999
Chart of Comparable Jurisdictions Utilizing Proposed Tax Rates l iogl1 5 50 1,000 2,500 5,000
Citv 1mglove1 employees employees employees employees employees Mountain $75 $95 $445 $84,195 $271 ,695 $584,195
View
San Jose $207 $307 $1 ,966 $59,544 $159,219 $166,365
Santa Clara $90 $160 $3,510 $107,070 $309,570 $647,070
Sunnyvale $41 $69 $694 $13,188 $13,188 $13,188
Impact Analysis on Current City of Santa Clara Business License Holders Employee Range # of Businesses Est Revenue Avg. Per Business 0-4 3,838 $366,315 $95
5-9 842 $173,820 $206
10-19 559 $268,620 $4,801
20-49 445 $607,635 $1 ,365
50-99 151 $591,135 $3,915
100-249 87 $977,715 $11 ,238
250-499 34 $1,053,945 $30,998
500-999 32 $2,211,720 $69,116
1000+ 15 $3,218,490 $214,566
6,003 $9,469,395
22-891 Agenda Date: 7/5/2022
In the first chart, it was clear that the original model-while consistent with Council’s value to protect small businesses-would result in a significant increase for the City’s largest employers, thereby conflicting with the Council’s value to remain business-friendly and not be detrimental to business growth.

With this in mind, Staff met on several occasions with representatives of the City’s largest employers as well as with the Silicon Valley Central Chamber of Commerce. The recommendation from these meetings was that the City should consider a maximum cap on the amount of tax any one employer would pay. The group initially communicated that an increase of 500 times the current rate would be acceptable; however, a rate of 1,000 times would be problematic and would necessitate the need for organized opposition. The group also communicated that a cap would be viewed as recognition by the City of the value added by Santa Clara businesses who contribute in many ways to the wellbeing of the City and are important partners in the City’s economic recovery.

On June 28, 2022, Staff presented a proposal for a cap of $400,000 which would have maintained Santa Clara’s position in the middle of the market - significantly lower than Mountain View but higher than San Jose, whose methodology again has a much higher impact on small businesses. The group indicated that the proposed cap was higher than anticipated and a request was made for the City to consider a lower cap. When asked by staff if a proposal to meet halfway would be acceptable, the sentiment was that while the preference would be for a cap in the range of $300,000, meeting halfway would not be a deal-breaker. For this reason, given the City’s need to generate as much revenue as possible while maintaining the viability of a potential measure, Staff recommends that a cap of $350,000 per adopted, subject to the annual CPI adjustment.

In the second chart, it is important to note the disproportionate number of small businesses in Santa Clara with 1 to 4 employees. This data helped inform the Staff recommendation to provide a onetime subsidy to these businesses utilizing $330,000 in settlement agreement funds earmarked for small business assistance. This subsidy would be used to help the City’s smallest business owners to transition to a new tax rate with the least amount of impact. Given the 30 years that have passed since the current rates were adopted, a large increase is unavoidable; however, the recommendation to delay implementation for all businesses until 2024 and to offer subsidies for the City’s smallest employers is intended to help mitigate this impact.

Utility Transfer Tax Charter Amendment
In 1951, City of Santa Clara voters approved a City Charter amendment authorizing the partial use of utility rate revenues for City services. It was subsequently amended by the voters in 1980 to increase the transfer percentage from 4.5% to 5%. The current provision allows for a general fund transfer ("GFT") from utilities in "an amount not to exceed 5% of the gross receipts from such utilities” to provide a locally-controlled revenue source to the General Fund. Combined with other sources of revenue (sales tax, property tax, utility users’ tax, etc.), the General Fund is the primary revenue source used to fund essential City services including, but not limited to, police, fire, street repairs, parks, libraries, senior services, and other municipal services.

Subsequent to the adoption of the City’s Charter provision, California voters approved Proposition 218 in 1996 and Proposition 26 in 2010. Both of these propositions amended the California Constitution to provide that certain fees and charges imposed by public agencies must be approved by voters. In general, if a fee or charge for a service exceeds the cost to provide that service, voters City of Santa Clara Page 7 of 12 Printed on 6/30/2022
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22-891 Agenda Date: 7/5/2022
must approve the fee or charge. Proposition 218 applies to water service fees, and Proposition 26 applies to electric service.

While these propositions do not directly address utility transfers, out of an abundance of caution and to preserve the City’s long-standing voter approved utility tax transfer to the General Fund in the amount of approximately $30,000,000 annually to support essential City services, Staff has prepared an amendment to Charter Section 1320 to align with the amendments in the California Constitution requiring voter approval. The proposed amendment will not result in any rate increase but will simply reaffirm this community’s desire to continue the transfer of utility revenues to fund essential City services.

Loss of this revenue source would require immediate and significant reductions in the service areas mentioned above. The City is already experiencing a significant structural deficit in amount of approximately $27 million ongoing due to the COVID19 pandemic and failure to reaffirm voter approval for this long-standing practice would be catastrophic.

Proposed Ballot Language
State Elections Code Section 9051 requires that a ballot question not exceed 75 words. The proposed compliant ballot questions are as follows:

City of Santa Clara Business License Update / Tax Equity Measure “To protect Santa Clara’s financial stability and maintain essential services such as 911 emergency/public safety/crime reduction services, safe/clean public areas, pothole repair, parks and libraries, shall an ordinance to update Santa Clara’s 1992 business license tax to $75, increasing incrementally between $15 to $135 per employee or rental unit, with larger businesses paying more, generating approximately $9,000,000 annually until ended by voters with independent financial audits, all funds staying local, be adopted?” The revenue projection in the proposed ballot language is based recent business license tax data which includes selfreported employee counts. Because the accuracy of the information could not be verified, the actual amount of revenue will differ.

Utility Transfer Charter Amendment
“City of Santa Clara No Tax Increase/ Services Protection Measure. To protect essential services without raising taxes, such as 9-1-1 response; police patrols, fire protection; street/storm drain repair, and maintaining reliable local utility service; shall Section 1320 of the Charter continuing the annual budget transfer of funds from City utilities to the general fund at 5% of gross receipts until ended by voters, generating approximately $30,000,000 annually, with independent audits, all funds local, be reaffirmed/adopted?” The revenue projection in the proposed ballot language is based on recent revenue projections. The actual amount of revenue may differ.

Next Steps
To place an item before the voters, the Council must adopt a resolution. The attached draft resolutions call for the following:

1. Approval of the ballot language to be presented to the voters of the City of Santa Clara;

2. A Special Election to be held on November 8, 2022 and requesting consolidation with the Gubernatorial General Election and the services of the Registrar of Voters to conduct the election;

3. Direction to the City Attorney to prepare an impartial analysis for the measure;

4. Direction on ballot arguments to the City Clerk to be printed in the Sample Ballot; and

5. Approval of a draft amendment to the City Charter or Municipal Code, as applicable, to incorporate the proposed City of Santa Clara Page 8 of 12 Printed on 6/30/2022
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22-891 Agenda Date: 7/5/2022
changes if the voters approve the measures.

Calling of an Election
As required by the State Elections Code, the City Council must adopt a resolution calling an election, requesting consolidation with the Gubernatorial General Election and request the County Registrar of Voters to provide election services. The attached resolution meets those requirements.

Impartial Analysis by the City Attorney
The State Elections Code Section 9280 authorizes the Council to direct the City Attorney to prepare an impartial analysis of the measure. The authorization is included in the attached resolution.

Ballot Argument Process
State Elections Code Section 9282(b) provides for the filing of ballot measure arguments by the following: City Council or any member(s) of the Council authorized by the Council, any individual voter eligible to vote on the measure, bona fide association of citizens or any combination of voters and associations.

The City Council determines whether the Council or members of the Council authorized by the Council will draft the argument supporting the ballot measure or whether it will, instead, allow a third party to do so. The City Charter and the California Elections Code authorize, but do not require, the City Council to write the argument in support of the ballot measure. If the City Council chooses to write the ballot argument, it should designate a maximum of three Council members to draft the argument. These designees would prepare and sign the argument and submit it to the City Clerk.

Alternatively, the Council may designate the Mayor to sign on behalf of the entire Council. A total of five individuals and/or organizations may sign the ballot argument and the Council may designate which individuals or organization fill any available signature slots. If the City Council decides not to draft the argument itself, any registered voter or bona fide association of citizens may submit a proposed argument to the City Clerk. If the City Clerk receives multiple proposed arguments, the City Clerk shall select one of the arguments in adherence to Elections Code Section 9287.

The City’s ballot measure resolution must be received by the Registrar of Voters between July 28 - August 12th; with arguments due by August 16th; and rebuttal arguments and impartial analysis due on August 23rd.  In order to meet these deadlines, the resolution is being brought forward for Council action on the July 5, 2022 agenda to allow for the required 14-day public comment period for arguments and the 10-day public comment period for rebuttals that must be completed before submission of the required documents to the County Registrar of Voters. As such, in accordance with Elections Code Section 9285(a) the City Clerk as the local Elections Official has set the following deadlines:  adoption of the ballot resolution on July 5, 2022; arguments due by 5:00 p.m. to the City Clerk’s office on July 19, 2022; rebuttals due by 5:00 p.m. to the City Clerk’s office on July 29, 2022. The City Attorney shall draft an impartial analysis on the measure, which is also due on Friday, July 29, 2022.

Draft Amendment to the Santa Clara City Charter Section The proposed ballot measures require an amendment to the City of Santa Clara City Charter Section 1320 and voter approval. There is no tax increase on taxes. The Amendment would not take effect, unless and until, approved by a vote of at least 50% plus one of the voters voting on the questions at the election.

The proposed amendment is as follows (with deletions shown in strikethrough):

Charter Section Sec. 1320 Utilities fund.

Receipts from the utilities operated by the City shall be paid into the City Treasury and maintained in a separate utilities fund for such utilities.

Expenditures from such fund shall be made for the following purposes only for such utilities in the order named, viz.:
(a) For the payment of operating expenses, pension charges and proportionate payments to such compensation and other insurance and accident reserve funds as the City or the City Council may establish; (b) For repairs and maintenance;
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22-891 Agenda Date: 7/5/2022
(c) For the payment of interest and sinking funds on bonds issued for acquisition, construction or extensions;
(d) For the payment of not to exceed five percent of the gross receipts from such utilities to the general fund of the City in payment for services rendered; subject, however, to such limitations as may be contained in any resolution or indenture heretofore adopted providing for the issuance of revenue bonds for the acquisition, construction or improvement of such utilities, which bonds are now outstanding or may hereafter be issued under such existing resolution or indenture; (e) For extensions and improvements;
(f) For the establishment of a sinking fund within the utilities fund for the replacement of utilities property in the minimum amount of two million five hundred thousand dollars ($2,500,000.00).

The City Council shall cause records to be kept of the receipts and expenditures of each utility and of credits and debits of each utility in the aforementioned utilities fund. The City Council may, however, order expenditures from the utilities fund for any utility even though that utility has no credit in the utilities fund, provided only that the balance in the utilities fund is greater than the proposed expenditure.

Draft Amendment to the Santa Clara Municipal Code Chapter 3.40 The proposed increase to the Business License Tax requires an amendment to the City of Santa Clara Municipal Code and voter approval. The rate change would not take effect unless and until approved by a vote of at least 50% plus one of the voters voting on the questions at the election. The proposed ordinance will repeal the existing Chapter 3.40 and replace it with the proposed ordinance, which can be reviewed in Attachment 3.

Election Timing
To place a measure on the November 8, 2022 ballot, the Registrar of Voter’s deadline is August 12, 2022. This item is being considered on July 5, 2022 to allow sufficient time for arguments, rebuttals and preparation of the impartial analysis.

Community Outreach
Should the Council submit a ballot measure for the November 8, 2022 general election, a communications plan will be implemented using the City’s many public education channels including, but not limited to:
• City website
• Email campaign via GovDelivery
• Social media (Facebook, Twitter, Next Door, etc.)
• Government Access Channels
• City digital newsletters (i.e. City Hall News, Library, Senior Center) • News Releases
• Ads in local and ethnic media outlets
• Direct mailers to Santa Clara likely voters
• Utility Bill Inserts
• Educational videos like those used in the Prioritize Santa Clara Transit Occupancy Tax campaign • Digital billboards
• Informational flyers available at City-owned public facilities City of Santa Clara Page 10 of 12 Printed on 6/30/2022
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22-891 Agenda Date: 7/5/2022
Conclusion
The City anticipates a FY 2022/23 budget deficit in excess of $27 million dollars ongoing. Should the Council wish to place both, or either measure, on the November 8, 2022 General Municipal Election, appropriate documentation supporting formal action by the Council must be received by the Santa Clara County Registrar of Voters no later than August 12, 2022. The purpose of this report is to seek Council direction on the placement of two ballot measures on the November 8, 2022 ballot.

FISCAL IMPACT
Additional ongoing revenues of approximately $8 million is projected from a successful passage of the proposed Business License Tax Ballot Measure, effective January 1, 2024. With the passage of the Utilities Transfer Charter Amendment, $30 million in existing transfers would continue.

COORDINATION
This report has been coordinated with the City Manager’s Office, the Finance Department and City Attorney’s Office.

ALTERNATIVES

2. Adopt a resolution ordering submission of a ballot measure to the qualified electors of the City; calling for a Special Municipal Election to be held in the City of Santa Clara on Tuesday, November 8, 2022, for the purpose of submitting to City voters a measure to amend the City’s Charter regarding Utility Transfers; requesting consolidation with the Gubernatorial General Election and election services from Santa Clara County; directing the City Attorney to prepare an impartial analysis; setting priorities for ballot arguments; and approval of the draft amendment to the Santa Clara City Code to incorporate the proposed changes if the measure is approved by the voters.

3. Other direction as approved by the City Council

RECOMMENDATION
City of Santa Clara Page 11 of 12 Printed on 6/30/2022
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22-891 Agenda Date: 7/5/2022

Reviewed by: Cynthia Bojorquez, Assistant City Manager
Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Summary of Community Engagement Process Input

2. Resolution Placing Business License Tax on November 2022 Ballot

3. Resolution Placing Utility Transfer on November 2022 Ballot City of Santa Clara Page 12 of 12 Printed on 6/30/2022
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May 26, 2022
To: Cynthia Bojorquez,
Assistant City Manager
City of S_anta Clara
Fr: Shawn Spano,
C ~ Public Djalogue ~ Consortium
Public Dialogue Consortium
Re: Report on Community Engagement Listening Sessions
Background
This report summarizes the work that the Public Dialogue Consortium (PDC) completed in eliciting input and feedback from members of the business community and the community at large on Santa Clara1s Fiscal Sustainability Strategies and the potential Modernization of the Business License Tax (BLT).

Outreach
Staff conducted extensive outreach to business groups, employers, and community groups, organizations, and individuals to invite participants to the Listening Sessions. Multiple platforms were utilized, including targeted outreach to the 8,500 registered businesses in the City and the City1s Commission and Board members. Staff also worked closely with the Chamber of Commerce to conduct a Listening Session devoted specifically to their members, with the Chamber taking the lead on extending the invitations and securing the location.

Four Listening Sessions were conducted between February and May 2022 with 40 participants total:
• February 3 - for the business community and community at-large (6 participants) • May 5 - for Chamber of Commerce members (7 participants) • May 12 - for City Commission and Board members (12 participants) • May 19 - for the business community and community at-large (15 participants) Listening Session Format
The February 3 and May 5 sessions were designed specifically to elicit input on the Modernization of the Business License Tax. While information about the City1s budget and fiscal sustainability efforts were presented, participants were asked to share their views of the BLT and their preferences for how it should be structured.

In addition to feedback on the BLT, participants at the May 12 and May 19 sessions were also asked to provide feedback on the City1s Fiscal Sustainability efforts and to identify the City 1 service and program priorities that are most important to them and their groups or organizations.

The focus group format was similar for all four of the Listening Sessions. The PDC facilitator welcomed the participants, previewed the session purposes and agenda, and asked participants to provide brief self introductions. Kenn Lee, City Finance Director, then presented information on the City's fiscal condition, the budget-balancing actions taken to date, and the Modernization of the BLT. The presentation for the February 3 and May 5 sessions differed slightly from the one presented at the May 12 and May 19 sessions to reflect the broader scope of the topics covered. Following the presentation, participants engaged in facilitated discussion and dialogue in .order to provide their input and feedback.

Results and Summary Themes
Overall, Listening Session participants expressed the view that a modernized BLT is either desirable for Santa Clara or is moderately or minimally acceptable. The different positions expressed were dependent on the underlying values guiding the BLT, how it will be structured, and the other fiscal sustainability and cost-saving efforts the City pursues.

1. Key values that should guide modernization of the BLT:
• It should be fair and equitable for all businesses, accounting for the range of different types of businesses in the City (e.g. large vs. small, self employed, etc.) • It should simple and easy to administer for the both the business and the City • It should take into account changes in the work environment from COVID (virtual and remote work vs. in-person)
• The rate and administration of the BLT should not be a disincentive for attracting new business to the City, or a factor compelling current businesses to re-locate outside of Santa Clara

2. How the BLT should be structured:
• A tiered, employee head count is preferred
• The current $500 cap on employees is not seen as fair, with large businesses being given an advantage over small businesses
• Basing the tax on gross receipts is not seen as fair and can be a disincentive for business growth
• There needs to be a fair and accurate way define and measure square footage • Consider how to tax remote/virtual and hybrid employees

3. The need to seek creative solutions and alternative sources of revenue:
• Encourage retail and implement a vacant space ax
• Add a utility tax for Data Centers
• Allow for Cannabis Dispensaries
• Increase fees to ensure cost recovery

4. Ensure City services and programs are delivered efficiently and effectively:
2 • Prioritize services in order to ensure that essential services are sufficiently resourced • Ensure that services are being delivered in the most cost-efficient and cost-effective way possible
• Focus on maintaining services rather than expanding them during times of budget shortfalls
• Public Safety and Libraries are priority City services 3 June 18, 2022
Dear Mayor and Council,
The Silicon Valley Central Chamber of Commerce (SVC Chamber) opposes anv dramatic increase in the Business License Tax, such as the nearly 700% increase that is being proposed. Similarly, we onpose any harmful tax on small and medium-sized businesses.

Working Together:

The SVC Chamber has appreciated the opportunity to work with the City of Santa Clara this year as we evaluate the impact of new taxes or increased fees on our members and the business community in general. We met with City staff at the SVC Chamber office on April 8 and co-hosted a focus group at Roche Diagnostics on May 5 for our members and others in the business community.

In anticipation of your discussion of potential business taxes at your next City Council meeting, we would like to provide you with additional recommendations from the business community.

Business License Tax:

The SVC Chamber can be supportive of increasing and updating the City of Santa Clara's Business License Tax, which has not been changed for decades. However, such increases and updates should be modest and reasonable.

The following are modest and reasonable elements the SVC Chamber would support:
•
•
•
Reasonable Increase:

City staff has suggested one scenario that would result in an almost seven-fold increase in the Business License Tax. During these uncertain times, when we have rising interest rates and many of our businesses find it challenging to recruit and retain employees, that dramatic of an increase for our local businesses is potentially devastating. We could be supportive of a smaller overall increase that no more than doubles the current total revenue collected from the current Business License Tax.

Employer Cap:

We support a cap on the total tax that any one employer would pay. To be competitive with other local cities, we suggest that the cap be substantially lower than the County average so the City of Santa Clara can be competitive and remain a business-friendly city.

Inflation Index and Cap:

It is appropriate to increase the tax incrementally each year indexed to the rate of inflation.

That would be helpful to the City while providing businesses certainty and predictability.

Should indexing be adopted, it is critical to cap the index rate as well below 5.0%. High inflation creates problems for many businesses, as we see in the economy today. Our local businesses should not be subjected to extra financial burdens in the future from City Hall due to dramatic increases in Business License Taxes caused by high inflation. fin"#Da 3350 Scott Blvd., Bid. 54 (408) 244-8244
@SVCchamber Santa Clara, CA 95054 www.SVCentralChamber.com Additional Revenue:

The City could use more reserves or "rainy day" funds to help balance its budget. Clearly, we are all suffering from an uncertain economy with supply chain problems, high fuel costs, rising inflation, greater borrowing costs, and the difficulties in recruiting and retaining employees. This is the definition of a "rainy day." However, we are optimistic that our economic challenges will be temporary. Furthermore, with the numerous major developments talcing place in the City of Santa Clara, we believe that increased economic activity will generate additional tax revenues in the not-too-distant future.

Therefore, we request that you use "rainy day" funds to plug what is likely to be a short-term financial challenge. This is much preferred over dramatically raising business taxes which may likely force Santa Clara employers to look elsewhere for expansion or relocation opportunities. That reaction would have a potential long-term negative impact on our city.

Employee Head Tax:

We are opposed to an employee head tax because we think it will have a detrimental effect on economic development and hurt the City of Santa Clara's reputation for being a business-friendly city. A head tax is also difficult to administer and monitor; especially when many companies are allowing their employees to work remotely.

The current Business License Tax accounts for the varying size of City of Santa Clara employers by defining employee headcount within range categories. Updating the Business License Tax along similar lines is a more sensible approach that is administratively easier for both city government and employers.

Conclusion:

Finally, the SVC Chamber is willing to continue to work with the City before something is put on the November 2022 ballot. If we can come to an agreement sometime during the month of July to meet the ballot deadline, we would consider supporting a measure that meets the criteria as stated herein.

Conversely, if we believe a ballot proposition is harmful to local businesses, and ultimately the City of Santa Clara, we must oppose it while encouraging others to do so as well. fin tJJ Ca
@SVCchamber
Respectfully,
.~
Christian D. Malesic, MBA, CAE, cMP, roM
President / CEO
3350 Scott Blvd., Bid. 54 (408) 244-8244
Santa Clara, CA 95054 www.SVCentralChambM r:om
Cynthia Bojorquez
From: [email protected]
Sent: Thursday, June 9, 2022 10:43 AM
To: Cynthia Bojorquez; Kenn Lee
Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Subject: Follow-up on BLT Discussion
Dear Cynthia and Kenn:

Thanks for making the time to meet with us on Tuesday. We appreciate you previewing some of the City's thinking about a new Business License Tax and listening to our comments.

We echo the direction you received from Council that a new tax should be equitable, business-friendly, and mindful of the impact to small businesses-and that the City should work collaboratively on the new BLT. As we mentioned during our meeting, we believe we can work with the City to arrive at a modernized BLT that meets the needs of the City and of employers.

To recap a few of the key points we made during our discussion:

1. The goal should be to have a simple counting mechanism that is easy to administer by both the City and the companies.
a. It needs to correctly capture the number of our employees who actually work in Santa Clara (and not the ones who work in neighboring Silicon Valley cities, or out of the area, who are taxed at those locations).
b. We aren't certain that "EDD data" will do this efficiently. c. Perhaps the City would be open to "self-reporting" by companies with multiple locations throughout Silicon Valley.
d. Need to consider hybrid workers and remote workers who only come to campus a few times a month (acting more like business travelers)

2. We urge the City to consider a 'max cap' like San Jose so that companies that plant their roots in Santa Clara believe they can also grow in Santa Clara and will continue to be welcomed. a. It appeared in our discussion that staff was thinking about a cap somewhere around the 2,500-employee mark in your two options.
b. A cap at that level would represent a S00x increase in BLT ~pretty substantial.

3. For competitiveness reasons, we would urge the City not to make Santa Clara the "business tax leader" for Silicon Valley-it's important to consider the modernization of the BLT in the context of what neighboring cities, like San Jose, are charging while still addressing the structural deficits in the City's budget.

Again, we hope you found the conversation useful. Please do continue to share with us your ideas as they come into clearer focus.

Thanks.

Joe Pon I APPLIED MATERIALS
Erika Edgerly I INTEL
1 Ned Finkle I NVIDIA
The content of this message is APPLIED MATERIALS CONFIDENTIAL. If you are not the intended recipient, please notify me, delete this email and do not use or distribute this email. 2 Santa Clara Listening Session
Meeting Notes
May 19, 2022
Participants
Edesa Bitbadal - Consultant for the data centers
CF - resident
Brenda Craig - Business Licensing, City of Santa Barbara Kristine Evon - resident
Mark Gilley - DEi Task Force, City of Santa Clara
Jan Hintermeister - resident
Stanley King - resident
Alexander Moore - business owner
Teresa O'Neill - Silicon Valley Chamber of Commerce
Peter Tran - resident
Linda Zazzara - resident
City Council
Suds Jain - Vice Mayor, City of Santa Clara
Kathy Wantanabe - Council Member, City of Santa Clara
Staff
Cynthia Bojorquez - Assistant City Manager
Kenn Lee - Director of Finance
Maria Le - Communications & Outreach Manager
Fiscal Sustainability Presentation
Ken Lee, Director of Finance
Main Themes of Participant Questions and Comments
■ Business license tax modernization is desirable for Santa Clara ■ Focus on maintaining services rather than expanding them during times of budget shortfalls ■ Consider other revenue streams to cover the deficit, as well as other ways to calculate the BLT such as square footage
■ Set the BLT rate to be equal to or competitive with surrounding cities in order to keep businesses in Santa Clara
Participant Questions and Comments
■ What is the definition of essential services?
o A: Residents were recently polled to inform service priorities. A few years ago the City Manager's office conducted a similar survey.
■ Santa Clara is an outlier and we need adjustments to support our infrastructure.

Maintenance should be the focus during tight budget times, rather than looking to expand services.
1 ■ Shopping local is something we can do as residents to support our businesses and city. ■ Parks and recreation opportunities are important to our city. ■ A modernized business license tax seems like a good idea, Ken has made a strong argument in support of it. Years ago we had a development fee for parks and I remember feeling shocked that cities all around us were charging use fees for parks and we were not. I have the same reaction to learning that cities around us are collecting much high revenues via a BLT than Santa Clara is. It seems to make sense for our city. ■ Santa Clara has relied on a robust business community and we have kept fees very low. A problem I see is fees and taxes were put in place without a CPI to increase with inflation.

Most business owners see a CPI as reasonable, adjusting with the cost of living. We need to ensure we are recovering full costs for the services we provide as not all of our shortfall can be covered with a BLT.
■ We need to consider an employee count tax carefully, as well as how we define employees considering remote and hybrid workers. How do we ensure we do not impact small businesses disproportionately? Should we consider a square footage fee instead? ■ Has the city considered a BLT based on square footage rather than ee count? o A: Yes, we have looked at it. Our focus is on employee count for a few reasons 1} the ease of understanding the tax; 2) changing our current methodology changes would require transition and outreach that increase short term costs and would need to be explained to voters; 3} neighboring cities that are based on square footage have a few large resident businesses with a lot of office space. ■ If we were to double everyone's current tax it would only result in an additional $900K in the face of a $20M deficit. It seems we need to look at other revenue streams to cover the deficit.
■ Staff is doing a great job, Santa Clara is doing better than neighboring cities by bringing people into the process. Process is important, Santa Clara is listening to community members rather than leading the community to an end.
■ A square footage tax is much more complex and can create an accounting nightmare for staff and businesses. Head count tax in general is much easier to calculate and administer. ■ Look at other cities to see what they are charging and do not go above and beyond this so that you keep businesses in your city. Include a cap so businesses can forecast what their expenses will be.
■ I work for large employers who when faced with additional taxes based on an employee count, their answer is to move out of the state. When adding taxes to facilities, I do not hear that as much.
■ Has anyone reached out to various business tiers to ask for their opinion on the BLT? o A: Yes, staff has worked hard to engage with all levels of businesses in the community. Staff has gone out to various businesses and advisory committees to hear from as many stakeholders as possible. If there are additional businesses or groups to engage, please let us know.
■ I am concerned that you are not hearing from small businesses and English as a second language employers. I want to make sure all businesses in Santa Clara have the opportunity to engage.
o A: Good feedback, we can look at translating some of our materials. 2 o A: We have had three listening sessions {one organized by the Chamber of Commerce), we have also sent mailers out to all those who currently hold a business license tax to invite them to participate in the listening sessions and survey. This went out to 8500 businesses.
■ In Santa Clara, business license are budgeted at merely 0.4% of the general fund. How does this compare to the neighboring cities?
o A: We are near the bottom when compared to other cities, others are closer to 2.5% for neighboring cities up to 15% for San Francisco.
3 Santa Clara Listening Session
Meeting Notes
May 12, 2022
Participants
Debbie Tryforos - Library Board of Trustees
Kim Messmer - resident
Stan Messmer - resident
Patricia Leung - Historical Landmarks Commission Chair
Diana Torres - 49ers
Nancy Toledo - volunteer, resident
Rob Mayer - resident, architect, former planning commissioner Adam Thompson - lifelong resident
Wanda Buck - Senior Advisory Commission for Santa Clara, resident Mario Bouza - resident
Jonathon E - Library Board of Trustees
Art B - resident
Staff
Cynthia Bojorquez, City Manager
Kenn Lee, Director of Finance
Maria Le, Communications & Outreach Manager
Fiscal Sustainability Presentation
Ken Lee, Director of Finance
Key Themes from Participant Questions and Comments
■ A modernized BLT is viable and should be applied in a way that is equitable and does not negatively impact small businesses.
· - Encourage desirable retail to locate in Santa Clara to draw more sales tax revenue - Consider how to tax remote and hybrid employees
- Consider raising the cap of $500 to capture more revenue from large businesses ■ City Departments should look internally to:
- Prioritiz~ services
- Ensure that services are being delivered in the most cost-efficient and cost-effective way possible
■ There is a need for creative solutions and alternative sources of revenue. - Encourage Retail and Implement a Vacant Space Tax
- Add a Utility Tax for Data Centers
- Allow for Cannabis Dispensaries
- Increase fees to ensure cost recovery
■ Public Safety and Libraries are priority services.
1 Participant Questions and Comments
- Q: Taxes and business licenses seem like two different things. What do you mean by a business license tax?
o A: They are one in the same in this case.
- Timing is problematic right now. Everyone needs money right now to keep up with expenses and costs. It is a better strategy to cut costs rather than trying to raise costs and revenues.
- Keep safety at the forefront of service and budget priorities, but maybe we need to defer some of the upkeep of our city.
- I do not understand with property values increasing how this is not an increased source of revenue.
o A: We are receiving more property taxes, however there is a 2% cap on the growth - I am a sole proprietor who works out of my house, I have projects in many nearby cities. I am required to purchase business licenses for each city I do projects in, which is starting to add up and become onerous as I do not even visit the cities I do project in. It feels like I am being pecked to death. It doesn't seem right that I pay as much as those who operate their businesses full time in a city.
- I agree with the approach to cut the budget and salaries to stay within our budget rather than raise business taxes, I know this is a delicate issue. - In Sunnyvale they train first responders to respond as both police and fire needs. I am unsure if this would work, but it is a creative solution. - Are other cities with more vibrant downtowns experiencing the same budget shortfalls? I work on the downtown commission and have been working for decades on revitalizing our downtown. I think vital town centers attract more people and revenue. o Neighboring cities with more vitalized downtowns are also facing deficits - What is the percentage of TOT tax that funds Santa Clara? o It used to be 20% of total revenues, at the worst part of the pandemic it was down 90%, it is still down 60% or so.
- For years I was an independent photographer working out of my home, I am concerned about the business license tax impact on small businesses. It is hard for a small sole proprietor who doesn't make much income to increase their business license tax. At the same time, a cap of $500 seems quite low for large companies and businesses who use a lot more infrastructure than someone like me who is a small business owner with just me. - I have lived here for over 20 years, I understand we need revenues. I see former commercial properties along El Camino turning into residential units. It doesn't make sense to me that large residential rental building are taking over the commercial zone. - It is going to take more than a small increase in the BLT to cover the deficit as the TOT revenues are not going to come back. Business travel will never rebound to what it was before.
- Levi Stadium is the biggest problem and drain on our city. It sits there empty most days of the year and drains our revenues. We are stuck with this stadium, and we need to generate more revenue out of this rather than out of small businesses. 2 - We need to look at this in a multipronged way. I do not agree with cost recovery methods of increasing fees for developers as this encourages people to build without permits. This is a recent and real problem we are addressing.
- I disagree that business travel will not rebound as both my husband and I are having to travel again for work. Our travel budget within my company has increased, some of it is last minute and therefore we pay the highest prices. We are encouraged to be working together face to face again.
- I am interested in the unfunded projects, we have many projects no being considered {Morse Mansion, Berryessa Adobe Building - a heritage building). We can only defer maintenance so much.
- Because we fund police and fire with a majority of our budget, we should be looking for more creative solutions in this part of our budget.
- Q: Are we thinking to tax total employees? What about remote employees? Would it be just those working locally or all?
o A: Working remotely is a new trend, some cities are looking at EDD and payroll data.

This could be a potential for us to explore more.
o I work in HR and deal with payroll and we are looking at a person's residential address if they are a remote worker to "tag" them for payroll. - How do we sustainably update the BLT for inflation? We can look at taxing different entity types in different ways (sole proprietors vs corporations}, and doing a sliding scale based on revenues.
o A: Other cities have a CPI that adjusts with inflation. We do not currently have this in place, so the revenues are still at the same levels they were 30 years ago. - We have not addressed our BLT for a long time. It seems like you are pushing the BLT really hard right now. We need a balance, how much does it cost for what we are getting? The police have military grade equipment that is extremely costly. We need to look at purchases we have made and continue to make to ensure we get real value for our tax dollars.
- We also need to be creative about our revenue streams. Right now we need to maximize the value of what we have in place, like Measure J (which I opposed). Creative solution I have are:
o The swim center used to host international events, the BMX track can host regional and national events. These are the programs we need to nurture to draw people and revenue to our city. We are removing commercial property in favor of housing, taking away these potential revenue streams.
o We need a scale and equitable tax that does not tax small businesses into oblivion.

Have you done a study to see what the revenues of a BLT would be versus potentially lost revenues if people move? Taxing the largest businesses makes the most sense.
o I like the idea of a utility tax on the data centers. They provide a great service, but they take up a lot of land and do not provide a lot of jobs. Santa Clara has made a huge investment in our public utility; this is an asset we need to capitalize on. o We need to do a scaled parcel tax for largest parcels, and look at land lease taxes. 3 o Unoccupied tax is another option. Large developments need to include retail in their housing structures. Empty housing and commercial spaces should be taxed. o Look inward, manage budgets, make cuts.
- It's about time we modernize our BLT, I have been in business here since 1975. Out BLT is the lowest in the area and needs to be brought up to date. - We should tax the data centers and all of the space they are using while they do not generate jobs.
- It is important to maintain our infrastructure, as well as law and order with our police and fire.
- These things will all generate revenues for our city:
o Property taxes will continue to increase
o The small businesses generate sales taxes for our city o The old downtown will never be like it was, I see the future being around the new development around Levi Stadium
o Travel is also coming back, so will TOT
- Things will recover, I do agree we need to modernize our BLT. - We need to become more competitive with our BLT, I do not think companies will leave te area with the increases you are proposing.
- There are areas of revenue we have not tapped into yet:
o Why are restaurants closing and no businesses want to move here? We don't have good restaurants here anymore.
o Marijuana dispensaries are profitable, why don't we tap into this source of revenue? - A BLT is a start, I like the idea of a vacant retail tax as well. There is an incentive for commercial properties to be retail oriented and defer leases for financing reasons rather than starting leases as soon as they can.
- I like the other creative funding ideas being proposed, like dispensaries. We have dispensaries bordering our city as so will suffer if they do bring in additional crime, but we cannot capitalize on this.
- The BLT is a good idea, we just need to ensure we do not squash the smaller businesses as we implement this.
- I also agree that we need to look at the revenues generated by dispensaries. We are naive to think that this is going to generate more problems than revenues. - I also want to agree with allowing dispensaries as a revenue source for our city. This is a major oversight we are losing revenues from.
- The retail vacancy tax is a great idea. I agree with this as well. There is too much economic incentive for builders to not rent these spaces.
- Permitting fees are getting too high, this does create disincentive for people to get permits. - I am also in favor of taxing vacant retail spaces as we need to encourage good retail in our community and disincentivize developers to keep places vacant. - It is unreasonable to think that the stretch of El Camino can stay commercial, it makes sense to add residential hubs close to transportation and services. We just need to encourage good retail to go with it.
- I also like the idea of a data center tax.
4 - Q: Do we have incentives in place to encourage businesses to open in certain areas? Do we have mechanisms to attract to specific zones?
o A: No, this is an interesting idea.
- Q: Is there a quantity of initiatives the city can put on the ballot? Are there costs associated? What if we put a few initiatives on the ballot rather than try to package them together? We do need to pass revenue initiatives.
o A: If you put too many initiatives on a ballot at once, it can split the vote and decrease the likeliness of any of them passing.
5 CHAMBER LETTERHEAD
April 29th, 2022
Cynthia Bojorquez
Assistant City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Dear Cynthia,
We appreciate the time you and your colleagues took to share with us the City's process to place a business tax on the ballot during a meeting at the Silicon Valley Central Chamber of Commerce on April 8, 2022.

The Chamber will continue to work cooperatively with you as we evaluate the impact of new taxes or increased fees on our members and the business community in general.

With that goal in mind, we will host a focus group on May 5 at Roche for your members and other Santa Clara businesses to attend. Our Chamber Board Chair Christian Pellecchia will attend to communicate our position and answer questions as well if necessary.

To summarize some of the highlights from our April 8 meeting, we ask the following of City staff:
• Communicate the complete financial impact that businesses have in Santa Clara rather than narrowly focusing on the revenue from the business license tax. As you know, businesses pay a substantial amount of taxes in Santa Clara. In fact, almost 40 percent of the sales tax is generated by business-to-business sales according to the City's data.

T.hat's about $24 million per year from just Santa Clara businesses. • Communicate how our Chamber helped you raise revenues in the past by supporting the ballot proposition to raise the transient occupancy tax. • Evaluate the potential impact of losing businesses if Santa Clara is considered unfriendly to future business growth.
• Evaluate how businesses, especially small and medium-sized ones, would be impacted by a substantial and sudden increase in the business tax or other fees particularly if it's a 600+ percent increase like one of the options currently being discussed. • Include in your evaluation the amount of potential revenue from new business and development that is projected to happen in Santa Clara, like the Related project, and the possible new developments from the specific plans.
• Include in your evaluation the size of City reserves and the rationale for not reducing them to accommodate "a rainy day" which we believe is a fair way to characterize the economy today considering the great amount of uncertainty.

Thank you again for working with us on this important issue. We look forward to keeping Santa Clara a business-friendly city.

Sincerely,
Christian Pellecchia
Board Chair
Cc: Kenn Lee, Director of Finance
Maria Le, Communications and Outreach Manager

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RESOLUTION NO.

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
ORDERING THE SUBMISSION OF A BALLOT MEASURE —
KNOWN AS THE ‘CITY OF SANTA CLARA BUSINESS LICENSE
UPDATE / TAX EQUITY MEASURE’ TO THE QUALIFIED

ELECTORS OF THE CITY AT A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 8, 2022, REGARDING
A BALLOT MEASURE TO AMEND CITY CODE CHAPTER 3.40

TO MODERNIZE AND INCREASE THE BUSINESS LICENSE
TAX; CALLING AND GIVING NOTICE OF A SPECIAL

MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA
CLARA ON TUESDAY, NOVEMBER 8, 2022, FOR AVOTE ON
SAID BALLOT MEASURE ; REQUESTING CONSOLIDATION

WITH THE GUBERNATORIAL GENERAL ELECTION AND
ELECTION SERVICES FROM SANTA CLARA COUNTY;

DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS; AND SETTING PRIORITIES FOR

BALLOT ARGUMENTS
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, Santa Clara’s Business License Tax has not been updated in 30 years; WHEREAS, the current tax does not reflect the way business operates in the City today; WHEREAS, the measure as written will allow the City of Santa Clara to treat all businesses equitably;
WHEREAS, this measure will allow the city to maintain the essential priorities upon which local businesses and residents rely, including public safety, clean and safe streets, COVID-19 response, street and sidewalk repair, and flood protection; WHEREAS, the measure as written requires strict oversight, financial audits and disclosures, and must be spent locally, without being taken by the state; WHEREAS, the next Gubernatorial General Election will be held November 8, 2022; WHEREAS, the California ConstitutionArticleXIIIC,Section 2(b) requires a proposed tax to be submitted to voters at a general municipal election;
WHEREAS, the City Council intends to submit a ballot measure and ballot question, concerning an increase in the Business License Tax rate, as described in this Resolution, to the qualified electors of the City of Santa Clara at such election;

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WHEREAS, pursuantto the requirementsof theCityCharterthereis calledand orderedto be held in the City of Santa Clara, California, on Tuesday, November 8, 2022, a special municipal election placing on the ballot one measure that, if passed, would amend City Code Chapter 3.40; and, WHEREAS, in the course of conducting a special municipal election on November 8, 2022, it is desirable that such special municipal election be consolidated with the general election, pursuant to SantaClaraCityCharter section600.02,to be heldon thesamedateas if therewereonlyone election.

Itisalsonecessary fortheCitytorequest servicesoftheCountyas setforthin thisresolution.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. SPECIAL ELECTION. That pursuant to the requirements of the City Charter, there is called and ordered to be held in the City of Santa Clara, California, on Tuesday, November 8, 2022, a special municipal election placing one measure on the ballot that, if passed, would amend City Code Chapter 3.40 to increase business license tax rates.

2. BALLOT QUESTION. That the ballot question shall read as follows:

CITY OF SANTA CLARA BUSINESS LICENSE UPDATE / TAX EQUITY MEASURE To protect Santa Clara’s financial stability and maintain essential services such as 911 emergency/public safety/crime reduction services, safe/clean public areas, pothole repair, parks and libraries, shall an ordinance to update Santa Clara’s 1992 business license tax to $75, increasing incrementally between $15 to $135 per employee or rental unit, with larger businesses paying more, generating approximately $9,000,000 annually until ended by voters with independent financial audits, all funds staying local, be adopted?
Yes
No

3. MEASURE. That the measure read as set forth on Exhibit A (attached hereto and incorporated herein by reference, with additions to and deletions from the current text indicated thereon) which, if passed by the voters, shall amend the Municipal Code of the City of Santa Clara.

4. NOTICE OF ELECTION. That in accordance with the City Charter and applicable state law, the City Clerk is hereby authorized and directed on behalf of the City Council to

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cause notice of the time and place of the holding of the election to be published once in a newspaper of general circulation, printed, published, and circulated in the City of Santa Clara, and hereby designated for that purpose by the City Council of Santa Clara. Furthermore, the City Clerk hereby is authorized, instructed and directed to coordinate with the County of Santa Clara Registrar of Voters to procure and furnish any and all official ballot, notices, printer matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

5. CONSOLIDATION REQUEST. Pursuant to the requirement of Part 3 (Consolidation of Elections; Section 10400 et seq) of Division 10 of the Elections Code, the City Council hereby requests the Board of Supervisors of the County of Santa Clara to consolidate the special municipal election with the Gubernatorial general election on November 8, 2022, and to further provide that, upon consolidation, the consolidated election shall be held and conducted in all respects as if there were only one election, and only one form of ballot shall be used, election officers appointed, voting precincts designated, ballot printed, pools opened and closed, ballots opened and returned, returns canvassed, and all other proceedings in connection with the election shall be regulated and done by the Registrar of Voters of the County of Santa Clara in accordance with the provisions of applicable laws regulating consolidating elections. This City Council requests and consents to such consolidation.

6. REQUEST FOR COUNTY SERVICES. Pursuant to Section 10002 of the California Elections Code, the City Council hereby requests the Board of Supervisors of the County of Santa Clara to permit the Registrar of Voters to render services to the City of Santa Clara relating to the conduct of Santa Clara’s special municipal election to be held on Tuesday, November 8, 2022. Services shall be of the type normally performed by the Registrar of Voters in assisting the clerks of municipalities in the conduct of elections.

7. ELECTION COSTS. Subject to the approval of the Board of Supervisors of the foregoing requests, the City Clerk is hereby authorized to engage the services of the Registrar

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of Voters of the County of Santa Clara to aid in the conduct of the election. The City Director of Finance is authorized and directed to pay the costs of services, provided that no payment shall be made for services which the Registrar of Voters is otherwise required by law to perform.

8. BALLOT AND REBUTTAL ARGUMENTS FOR MEASURE. Primary and rebuttal arguments for the measure may be filed consistent with Elections Code Section 9282, et seq.

9. BALLOT ARGUMENT (IN FAVOR) OR (AGAINST) MEASURE. The Council hereby selects the following course of action regarding argument (in favor) or (against) the measure:
(Council to select one of the following concurrent with the adoption of resolution):

A. Authorizes the City Council as a body to submit a written argument (in favor) or (against) the measure and in the event an argument is filed for the measure, a rebuttal argument.

B. Authorizes (#) of member(s) of the City Council to submit a written argument (in favor) or (against) the measure: (one or more name(s)): at (Name(s) discretion, the argument may also be signed by other members of the City Council, bona fide associations or individual voters who are eligible to vote on the measure. In the event that an argument is filed for the measure, (Name(s) is also authorized to submit a rebuttal argument on behalf of the City Council, which, at (Name(s) discretion, may also be signed by members of the City Council, bona fide associations, or individual voters who are eligible to vote on the measure. Signatures on the rebuttal argument may be different from those who signed the primary argument. OR
C. Takes no action with regard to authorizing the Council or member of the Council to submit a written argument (in favor) or (against) the measure, in which case the City Clerk shall select an argument against the measure in accordance with the priority order set forth in Elections Code section 9287.

10. IMPARTIAL ANALYSIS. Pursuant to Elections Code Section 9280, the City Council hereby directs the City Attorney to prepare an impartial analysis of the measure.

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11. TRANSMITTAL OF RESOLUTION. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar ofVoters.

12. EXEMPTION FROM CEQA. The City Council finds, pursuant to Title 14 of the California Code of Regulations, Sections 15378(b)(4) and 15378(b)5) that this resolution isexempt from the requirements of the California Environmental QUALITY Act (CEQA) in thatit involves fiscal and administrative activities that will not result in a potentially significant impact on the environment.

13. That in all particulars not recited in this resolution, the special municipal election shall be held and conducted as provided by law for holding municipal elections.

14. That this resolution provides notice of the time and place for holding the general municipal election and the City Clerk is authorized, instructed and directed to give further or additional notice of the general municipal election in time, form and manner as required by law.

15. That the proposed measure shall not take effect unless and until approved by a vote of at least 50% plus one of the voters voting on the question at the election.

16. Effective date: This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE DAY OF , 2022, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST:

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachment: Exhibit A Ordinance Amending and Restating Santa Clara City Code Chapter 3.40

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EXHIBIT A
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, AMENDING AND RESTATING CHAPTER 3.40
(“BUSINESS LICENSE”) OF TITLE 3 (“REVENUE AND
FINANCE”) OF “THE CODE OF THE CITY OF SANTA CLARA,
CALIFORNIA” TO MODERNIZE AND INCREASETHE TAX RATE

BE IT ORDAINED BY THE PEOPLE OF THE CITY OF SANTA CLARA SECTION 1: That Chapter 3.40 (entitled “Business License”) of Title 3 (entitled “Revenue and Finance”) of “The Code of the City of Santa Clara, California” (“SCCC”) is amended and restated in its entirety to be numbered, entitled, and to read as follows:

Chapter 3.40

BUSINESS TAX

3.40.010 Purpose.

This chapter is enacted to raise revenue for municipal purposes and not for the purpose of regulation. The payment of a business tax required by this chapter, and its acceptance by the City, and the issuance of a business tax certificate to any person shall not entitle the holder thereof to carry on any business unless he or she has complied with all of the requirements of the City Code and all other applicable laws, nor to carry on any business in any building, on any premises, or in any location designated in such business tax certificate in the event that such building, premises or location is situated in a zone or locality in which the conduct of such business is in violation of any law.

3.40.020 Effect on other fees and charges.

Persons required to pay a business tax for transacting and carrying on any business under this chapter shall not be relieved from the payment of any other charge, fee, or tax as may be imposed by the City for the privilege of doing business within the city, or for the cost of regulating a business, and such persons shall remain subject to the regulatory provisions of all other ordinances, codes, and resolutions of the City, including but not exclusive to regulations for

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zoning, building, fire, and safety.

3.40.030 Chapter controlling.

To the extent that the provisions of this chapter are inconsistent with the provisions of any other chapter of the City Code or parts thereof, the provisions of this chapter shall be deemed controlling.

3.40.040 Definitions.

The words and terms used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
(a) “Business tax certificate” means the document issued as a result of a completed tax affidavit and taxes paid.
(b) “Business” means all activities engaged in or caused to be engaged in within this city including any commercial or industrial enterprise, trade, profession, occupation, vocation, calling, or livelihood including rental or lease of residential or nonresidential real estate and mobilehome parks, or independent contractors, whether or not carried on for gain or profit, but shall not include the services rendered by an employee to his employer.
(c) “Business community” means any and all areas of the City not zoned as residential. (d) “CPI Index” The Consumer Price Index—All Urban Consumers for All Items for the San Francisco-Oakland-Hayward Area or any successor to that index designated by the Federal Bureau of Labor Statistics or the city council.
(e) “Director” means the Director of Finance or his or her designee. (f) “Employee” means any or all persons engaged in the operation or activity of any business, whether as owner, a corporate officer, a partner, agent, manager, solicitor or any and all persons employed or working in such business either full time, part-time, permanent or temporary. (g) “Number of employees” means the number of persons employed in the business as

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anticipated, or the number of employees including owner(s) at time of renewal. (h) “Person” means all domestic and foreign corporations, limited liability company, firms, associations, syndicates, joint stock corporations, partnerships of every kind, joint ventures, clubs or common law trusts, societies, individuals, estates, business trusts, receivers, retirement plans, trustees, or any other group or combination acting as a unit engaged in any business in the city other than as an employee.

3.40.050 Other licenses, permits, taxes, fees or charges authorized when.

Nothing contained in this Chapter 3.40 shall be deemed to repeal, amend, be in lieu of, replace or in any way affect any requirements for any license or permit required by, under or by virtue of any provision of any other title or chapter of this Code or any other ordinance or resolution of the city or of its council, nor be deemed to repeal, amend, be in lieu of, replace or in any way affect any tax, fee or other charge imposed, assessed or required by, under or by virtueof any other title or chapter of this Code or any other ordinance or resolution of the city or of its council.

3.40.060 Imposition of tax.

The City does hereby tax, as provided in this chapter, each and every kind of business transacted, conducted, exhibited or carried on in the city, at the rates named and prescribed in this chapter. If more than one business shares a business location, each business is required to apply and pay the prescribed tax.

3.40.070 Business tax certificate required.

It shall be unlawful for any person to transact or carry on any business in the city without first having paid the business tax to the City and having obtained a valid business tax certificate or renewal, in compliance with all applicable provisions of the City Code. Notwithstanding any language in this chapter to the contrary, each branch establishment or location at or from which a person carries on the same business shall not be deemed a separate business, but all such branches and locations shall be treated as one business. If a business opens a new location

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during the term of the existing business license, an amended business tax certificate application must be submitted to include the new location in the business tax certificate.

3.40.080 Business tax certificate application.
(a) Any person applying for a tax certificate shall make application upon a form provided by the Director, which form shall provide such information as may be required to show compliance with all City, State and Federal laws, and as may be necessary to determine ownership, the nature of the business, occupancy requirements, location, and the classification and amount of tax due. (b) All applicants shall pay a tax computed on the number of employees or rental units as provided in this chapter upon submitting the application. (c) When necessary, the Director or designee shall refer an application or a notice of changed or new addresses to the appropriate City officers or staff for determination as to whether the proposed business activity and the premises in which it is to be conducted comply with applicable laws and ordinances. In the event it is determined that the proposed activity may not be maintained in compliance with the law, the Director or designee shall so inform the applicant and no new or renewed tax certificate may issue.
(d) Failure of the City to approve, deny, or act upon the application within one hundred eighty (180) days shall be deemed a denial of the application.

3.40.090 Appeal process.

An appeal from denial of issuance of a business tax certificate may be made under the procedures set forth in Chapter 2.115 SCCC.

3.40.100 Business location.

Business tax fees are based on the actual physical location of the business within the jurisdictional limits of the City of Santa Clara. A mail stop, post office box or other such mail address is not considered a valid business location for the purpose of fire and safety inspection.All business not physically located within the jurisdictional limits of the City of Santa Clara are

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considered out-of-town and must pay taxes as established for out-of-town businesses regardless of whether they have a mailing address in the City of Santa Clara.

3.40.110 Branch establishments.

A separate business tax certificate for each branch establishment or location of the business will not be required but all business locations must be included on the application for a business tax certificate. When any person conducts, at one location, businesses classified separately by this chapter, such person shall pay the higher of the taxes.

3.40.120 Notice not required by City.

The Director is not required to send a renewal, delinquency or other notice or bill to any person subject to the provisions of this chapter and failure to send notice or bill shall not affect the validity of any tax or penalty due.

3.40.130 When annual tax due and payable.

The annual business tax imposed under the provision of this chapter shall be due and payable on the first day of January of each year, unless otherwise established by resolution of the city council or at the time of commencement of business activity or upon occupying space in the business community for newly established businesses. Business taxes which are paid on an annual basis, which would be due on the first day of the year, shall be deemed timely if payment ismade on or before seven (7) days after the due date. All business tax certificates shall expire on December 31st of each calendar year. The tax for the renewal of such certificate shall be due and payable upon expiration of the prior certificate.

3.40.140 Refunds and proration.
(a) All business tax certificates shall be issued from the date set forth in the certificate and no business shall be entitled to the refund of any portion of the tax paid by reason of the termination of such business activity before the certificate expires. (b) Any business required to cease activity within the city as the result of public acquisition of the premises by any governmental agency shall be entitled to a refund of an amount

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prorated as to the time remaining under the certificate when the business activity ceases. Such licensee shall file a verified claim with the Director stating the date of and reason for cessation of business activity.
(c) The business tax may be prorated in accordance with the administrative guidelines promulgated by the Director.

3.40.150 Penalty for delinquent or nonpayment.

The penalty for noncompliance shall be:
(a) Any person who fails to apply for a tax certificate and fails to pay the tax as determined on or within thirty (30) days after opening, engaging in business, or occupying space in the business community, shall be subject to a penalty of twenty- five percent (25%) of the tax due. (b) Every annual tax which is not received and paid within a period of thirty (30) days after the tax became due is hereby declared to be delinquent, and a penalty of twenty-five percent (25%) of the tax will be added to the tax due.
(c) Whenever a check is submitted in payment of a business tax and said check is subsequently returned unpaid by the bank upon which said check is drawn for any reason, the taxpayer shall be liable to pay a nonsufficient funds charge, the correct tax amount due, and a penalty, if applicable.
(d) If any person fails to pay the annual renewal tax within ninety (90) days after the tax becomes due, his or her business tax certificate is considered revoked. The City is not required to send a notice of revocation for the revocation to be valid. Following revocation, the person must reapply for a new business tax certificate, pursuant to SCCC 3.40.080, and pay all associated penalties. Failure to reapply for a new business tax certificate shall constitute a violation, pursuant to SCCC 3.40.310.

3.40.160 Annual adjustments for inflation.

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Subject to approval of the city council, the business certificate tax, the additional tax based on number of employees or rental units, and the cap referred in SCCC 3.40.360 below, may be adjusted annually, commencing on January 1, 2024 and every year thereafter, if the cost of living in the city has increased over the preceding base period as shown by the CPI Index but in no event shall the adjustment exceed five percent (5%) per year. The CPI Index will be set in October of each year or as established in the administrative guidelines promulgated by the Director in accordance with this chapter.

3.40.170 Exemptions from tax.

No tax prescribed in this chapter shall be deemed or construed to apply to any of the following persons who are exempt from payment thereof upon submission of proof of exemption:
(a) Charitable and Nonprofit Organizations. Any church, school, charitable, benevolent or social organizations having exempt status under Federal tax law. (b) Conflict With Federal and State Law. Any person conducting any business exempt by virtue of the Constitution, or applicable statutes of the United States or of the State of California from the payment to municipal corporations of such taxes as are herein prescribed. (c) Disabled Veterans. Disabled veterans exemption pursuant to the requirements of Section 16001 or 16001.5 of the California Business and Professions Code. (d) Employees. No person who is an employee shall be required to pay a tax for doing any part of the work of such business for which a tax certificate has been issued. (e) Interstate Commerce. Every peddler, solicitor or other person claiming to be entitled to exemption from the payment of any tax provided for in this chapter upon the ground thatsuch tax casts a burden upon his/her right to engage in commerce with foreign nations or among the several states or conflicts with the regulations of the United States Congress respecting interstate commerce, shall file an affidavit or a declaration under penalty of perjury with the Director describing the interstate or other character of his/her business which entitled him to such exemption.

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(f) Business operators whose annual gross receipts from such business operations in the city are five thousand dollars ($5,000) or less. Acceptable documentation must be provided to support the claimed exemption.
(g) Nothing in this chapter shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or the State of California for payment of such taxes as are herein prescribed.

3.40.180 Business tax constitutes debt to City – Collection of unpaid taxes.

The amount of any business tax imposed by this chapter shall be deemed a debt to thecity, and any business operating without having a certificate from the city so to do shall be liable toan action in the name of the city in any court of competent jurisdiction for the amount of the business tax imposed on such business, together with all penalties and interest then due thereon in any such action, and any cost the city reasonably incurs to collect the tax, including attorneys' fees which, if judgment is recovered, shall be included and assessed as recoverable costs in such action.

3.40.190 Transferability – Changes to affidavit.

A certificate issued pursuant to this chapter shall not be transferable. When a certificate has been issued authorizing a specifically named person to transact and carry on a specific typeof business at a specific location, the business shall, upon application in writing, and the payment of the prescribed fee, have such certificate records amended to include any change of name, type of business, or address. Any business for which such a change must be made shall pay a fee as fixed by resolution of the City Council for the handling and processing of such change.

3.40.200 Issuance of business tax certificate.

All certificates issued under the provisions of this chapter shall be issued by the Director or authorized employees and shall state the name of the business, the location of the business, the mailing address, the type of business being conducted at the listed location, the amount of the tax

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paid, the expiration date of the certificate and additional information that may be required. A business tax certificate will be issued upon the determination by the Director and any other necessary City departments that the business tax has been paid and that the business tax certificate affidavit information is accurate, that the business applicant is operating legally pursuantto all applicable Federal, State and local laws, and there are no business operations that endangerthe public.

3.40.210 Duplicate tax certificate.

A duplicate business tax certificate may be issued by the Director to replace a previously issued certificate that has been lost or destroyed upon the owner filing a written request attesting to such fact, and paying a fee as fixed by the resolution of City Council for handling andprocessing of such request.

3.40.220 Business tax certificate record.

The Director shall maintain a “public business tax certificate record,” which shall contain the name of the business, the location of the business, the type of business and the time period for which the certificate is issued.

3.40.230 Confidential documents.

Except as provided for under Section 6254 of the Public Records Act, the affidavit, statements and any other documents required by this chapter to be filed, shall be deemed confidential in character and shall not be subject to public inspection, and shall be kept so that the contents thereof, shall not become known except to:
(a) The persons charged with administration of this chapter; (b) City employees for the sole purpose of administering or enforcing any provisions of this article;
(c) Federal or State officials, or to a grand jury or court of law, upon subpoena.

3.40.240 Display of certificate.

Every person to whom a certificate is issued, shall keep the same conspicuously posted in

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or about the place where the business is located or conducted.

3.40.250 Administrative rules and regulations.

The Director may make rules and regulations not inconsistent with the provisions of this Code for the purpose of administering the provisions of this chapter. The Director shall further have the power to compromise any claims as to the amount of any tax due and paid.

3.40.260 Affidavit to be submitted where business tax based on number of employees – Information required.
(a) Upon making application for a certificate to be issued under this chapter where the amount of the tax is measured by the number of employees, the applicant shall furnish to the Director, for guidance in ascertaining the amount of such tax, a signed affidavit under penalty of perjury, upon a form provided by the Director, setting forth such information as may be necessary to determine the amount of the tax.
(b) The amount of the tax is determined by the average number of persons engaged in the business over the last four quarters immediately preceding application, and shall be determined as follows:
(1) Based upon the employment data as reported to the State Department of California Employment Development Department, if the applicant files with the State Department of California Employment Development Department the forms and reports hereinafter mentioned, and if the applicant reports therein all applicant's employees as defined in this chapter, the applicant may calculate the average number of employees by taking the number of employees employed in applicant's business in the city in each month of the preceding year as shown and reported on all DE3 forms, and by dividing the sum thus obtained by twelve. The DE3 and other forms hereinabove referred to are those certain forms entitled "DE3 Contribution Return and Report of Wages Under the Unemployment Insurance Code," which employers are required to file with the state department of employment, under the Unemployment Insurance Code of the state for the purpose of reporting contributions due under such code, and any other form or forms now

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or hereafter required by the state for such purposes; or (2) For a business with multiple locations located in and outside of the city, the applicant may self-report the total number of employees. The report shall include all employees that perform services in the city which include any of the following: i) an employee where all or most of the employee’s services are performed in the city; or ii) where an employee’s base of operations is located in the city; or iii) the place from which the business exercises basic and general direction and control over all the employee’s services is in the city. (3) The average number of employees of the business may also be disclosed in a manner as approved by the Director.

3.40.270 Renewal generally – Affidavit and information required.

In all cases, the applicant for renewal of a certificate shall submit to the Director, for guidance in ascertaining the amount of the tax to be paid by the applicant, a written affidavit underpenalty of perjury upon a form provided by the Director, setting forth such information concerning the applicant’s business as may be required by the Director to ascertain the amount of tax to be paid by such applicant pursuant to the provision of this chapter.

3.40.280 Statements not conclusive.

No statement set forth in any affidavit required by this chapter shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the City from collecting by appropriate action such sum as is actually due and payable under this chapter. Such affidavit and each of the several items therein contained shall be subject to review and verification by the Director, or authorized employees of the City.

3.40.290 Extensions of time for filing sworn declarations.

The Director shall have the power, for good cause shown, to extend the time for filing any sworn statement required under this chapter and in such case to waive any penalty that would otherwise have accrued.

3.40.300 Director duties.

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The Director shall make diligent effort to discover all persons conducting any business in the city for which a certificate is required by the provisions of this chapter.

3.40.310 Violations.

The issuance of a certificate under this chapter shall not entitle the person(s) to engage in any business which for any reason is in violation of any law or provision of this Code. (a) Separate Violation. The conducting of business in the city or occupying space in the business community, without first having procured a business tax certificate from the City to do so, or without complying with any and all regulations of such business contained in this chapter shall be a separate violation hereof for each and every day that such business is so carried on. (b) Violations. Pursuant to SCCC 1.05.070, the City, in its prosecutorial discretion, may enforce violation(s) of the provisions of this chapter as a criminal, civil, and/or administrative action.

3.40.320 City Attorney’s duties.

The Director may at any time request the City Attorney to bring a civil suit in the name of the City for the recovery of any tax from any person who conducts a business without procuring the certificate required by this chapter, or not paying the prescribed tax, and the recovery of such tax and penalties due thereon.

3.40.330 Enforcement.

The Director is hereby directed to enforce each and all of the provisions of this chapter, and the Chief of Police shall render such assistance in the enforcement hereof as may from time to time be required by the Director. The Director, in the exercise of the duties imposed hereunder, and acting through deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the city to ascertain whether the provisions of this chapter have been complied with.

The Director, all duly authorized assistants and any police officers shall have the following powers:

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(a) To enter free of charge, and at any reasonable time during business hours, any place of business required to be certified herein, and demand an exhibition of its certificate. Any person to whom a certificate is issued shall exhibit the same on demand. (b) To issue citations for any violations of this chapter.

3.40.340 Effect of annexation.

All existing businesses brought under the jurisdiction of the City by annexation procedures shall conform to the provisions of this chapter within thirty (30) days of the effective date of such annexation.

3.40.350 Businesses taxed.

Every person having a fixed place of business within the city and who engages in any business shall pay a tax based on the number of employees as defined and set forth in this chapter, according to the following rate schedules, unless the basis of the tax is otherwise prescribed in Section 3.40.380 or the business is exempted from the tax as prescribed in Section

3.40.170 of this chapter.

3.40.360 General schedule for person having fixed place of business within City.

From and after January 1, 2024, every person engaged in business in the City, whether or not at a fixed place of business in the City, shall annually pay to the Director the following prescribed tax:
(a) A minimum business tax of seventy-five dollars ($75.00) per year, plus an additional per employee tax per year in the amounts set forth below in Subsection B., not to exceed a cap of three hundred fifty thousand dollars ($350,000.00) per year, subject to annual adjustments set forth in SCCC 3.40.160. (b) Per Employee Tax shall be as follows:

Number of Employees Authorized Maximum Business Registration and Certificate Tax
1 - 4 $75 plus $15 for each employee
5 – 9 $135+ $30/employee for each employee over 4
10 – 19 $285 + $45/employee for each employee over 9

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20 – 49 $735 + $60/employee for each employee over
19 employees
50 – 99 $2,535+ $75/employee for each employee over
49 employees
100 – 249 $6,285 + $90/employee for each employee over
99 250 – 499 $19,785 + $105/employee for each employee
over 249
500 – 999
$46,035+ $120/employee for each employee
over 499
1000+
$106,035 + $135/employee for each employee
over 999

3.40.370 Business without a fixed place of business in city.

Unless such business is otherwise specifically taxed by other provisions of this chapter, every person who does not have a fixed place of business in the city, but whose employees come into the city for the purpose of conducting a business or rendering services, when such employees come into the city for these purposes six (6) or more days during any calendar year, shall pay a minimum base tax of $75 and a tax based on the number of employees as defined and set forth in this chapter, according to the following rate schedule:

Out-of-Town Businesses Business Registration and CertificateTax Number of Days Percentage of Tax
6 – 64 25%
65 – 129 50%
130+ 100%
For purposes of this section "operating a business in the city" shall include every person entering into a contract with the city, including, without limitation, contracts for public works, consultant services and franchise agreements.

Out of town business shall, as required on the application form and in compliance with

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procedures and methodologies adopted by the Finance Department, estimate the number of

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employees who will be conducting business within the City and the estimated number of days that business will be conducted within the city.

3.40.380 Rental units.
(a) Every person engaged in the business of renting rooms, apartments, single-family houses, or other accommodations for dwelling, sleeping or lodging purposes, in the city shall pay the following tax:
(1) A base rate of $75.00 plus $15.00 per annum for each rental unit, subject to annual adjustments set forth in SCCC 3.40.160.
(2) Provided, however, that no tax shall be payable under this section, unless the person engaged in such business operates three or more rental units in the city. (b) As used in this section, unit means a room or suite of two or more rooms (including, but not limited to single-family houses) designed for or used as separate accommodations for dwelling, sleeping or lodging purposes by a person living alone or two or more persons living together.

3.40.390 Rental unit – Surcharge.
(a) It is contemplated that the City Council will from time to time adjust the amount of the surcharge fee by resolution to cover the changing cost of the mediation services involved with these businesses and to insure that the surcharge fee amount prorated to the rental units shall not exceed the cost of the program services made available. (b) Any and all fees collected pursuant to this section are dedicated to and shall be used exclusively to pay the costs of the above services rendered in response to needs generated by the subject type of rental businesses.
(c) Those businesses covered under Chapter 3.25 SCCC, and paying the business tax under SCCC 3.40.310, Schedule No. 100, are exempt from paying the rental unit surcharge.

3.40.400 Cumulative remedies.

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This chapter provides for administrative enforcement of its provisions, which are in addition to all other legal remedies, administrative, criminal or civil, which may be pursued by the city to address any violation of this chapter provided only that the city may not recover any sum due under this chapter more than once.

3.40.450 Audit.

The Director shall have the right to audit records of the businesses subject to the business license tax to ensure compliance with this chapter. Businesses shall retain records pertaining the business license tax for a period of three (3) years from the end of each calendar year, and shall allow the city access to such records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of this chapter. Where a business does not maintain or retain adequate records documenting the number of its employees or does not allow the city reasonable access to such records, the city's calculation of the number of employees of the business shall be presumed to be accurate, absent clear and convincing evidence otherwise.

3.40.460 Constitutionality and legality; Gann limit.
(a) This tax is intended to be applied consistently with the United States and California Constitutions, state law and the City Charter. The tax shall not be applied so as to cause an undue burden upon interstate commerce, a violation of the equal protection and due process clauses of the Constitutions of the United States or the State of California, to constitute a special tax, or to cause a violation of any other provision of applicable law. (b) Pursuant to California Constitution, Article XIII B, the appropriation limit for the city is hereby increased to the maximum extent over the maximum period of time allowed under law by the amount of the revenues generated by the tax.

3.40.470 Severability.

Should any provision of this chapter, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this chapter or the application of

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this chapter to any other person or circumstance and, to that end, the provisions hereof are severable.

SECTION 2: Implementation.
(a) The new tax imposed by this ordinance will go into effect on January 1, 2024. (b) Each business will be required to make annual payments on the first day of January in accordance with SCCC 3.40.130 with the initial tax payment due on January 1, 2024. (c) The Director of Finance is charged with the implementation and transition of the new business tax. Any tax payments due between January 1, 2023 and December 31, 2023 may be prorated or credited in accordance with the administrative guidelines promulgated by the Director.

SECTION 3: General Tax. Proceeds of the tax imposed by this Ordinance shall be deposited in the general fund of the City and shall be available for any legal purpose.

SECTION 4: Ordinances Repealed. With exception of the provisions protected by the savings clause, all ordinances (or parts of ordinances) in conflict with or inconsistent with this ordinance are hereby repealed.

SECTION 5: Savings clause. The changes provided for in this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.

SECTION 6: Effective date. Subject to passage by the voters and the vote declared by the City Council, pursuant to Elections Code Section 9217, this ordinance shall take effect on January 1, 2024.

Attachments incorporated by reference: None
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-830 Agenda Date: 7/12/2022

REPORT TO COUNCIL

SUBJECT
Action on Council and Authorities Concurrent & Special Stadium Authority Meeting Minutes of March 8, 2022, Special City Council Meeting Minutes of March 9, 2022, Stadium Authority & Special City Council Meeting Minutes of March 15, 2022, Joint Council and Authorities Concurrent & Stadium Authority Meeting of March 22, 2022, and Special City Council Meeting of March 29, 2022

COUNCIL PILLAR
Enhance Community Engagement and Transparency

RECOMMENDATION
Approve the Meeting Minutes of:

March 8, 2022 Council and Authorities Concurrent & Special Stadium Authority Meeting; March 9, 2022 Special City Council Meeting;
March 15, 2022 Stadium Authority & Special City Council Meeting; March 22, 2022 Joint Council and Authorities Concurrent & Stadium Authority Meeting; and March 29, 2022 Special City Council Meeting
City of Santa Clara Page 1 of 1 Printed on 7/8/2022
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City of Santa Clara
Meeting Minutes
Council and Authorities Concurrent Meeting
Call and Notice Special Meeting
Santa Clara Stadium Authority
Draft
4:00 PM Virtual Meeting
4:00 PM Closed Session
6:00 PM Study Session
7:00 PM Open Session
03/08/2022
Pursuant to Government Code Section 54953(e) and City of Santa Clara Resolution 22-9051, 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 Chair calls for a Special Meeting of the Governing Board of the Stadium Authority, to commence and convene on March 8, 2022 at 4:00 PM for a Special Meeting to be held virtually via Zoom, to consider the following matter(s) and to potentially take action with respect to them.
4:00 PM CLOSED SESSION
Call to Order
Mayor/Chairperson Gillmor called the meeting to order at 4:01 PM.

Roll Call
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

Present: 7 -
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Public Comment
None.

1.A 22-249 Public Employee Appointment (Government Code §§ 54957, 54954.5, subd. (e))
Title: Interim City Attorney

1.B 22-390 Public Employee Discipline/Dismissal/Release (Government Code § 54957, (b)(1))

1.C 22-399 Public Employment Appointment (Government Code §§ 54957, 54954.5, subd. (e))
Title: Acting City Manager

1.D 22-333 Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1)
Rodriguez Sheet Metal v. R.L. Ziegenbein Construction, Inc., et al., Santa Clara County Superior Court Case No. 21CV387089

1.E 22-341 Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1)
Marina Landscape, Inc. v. O.C. Jones & Sons, Inc., et al., Santa Clara County Superior Court Case No. 21CV389960
Convene to Closed Session
Council convened to Closed Session at 4:03 PM.
6:00 PM STUDY SESSION
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2. 22-1669 Study Session - Pruneridge Avenue Complete Streets Plan Recommendation: There is no staff recommendation.

Director of Public Works Mobeck and Assistant Director of Public Works Liw gave a Powerpoint presentation on the Pruneridge Avenue Complete Streets Plan.

Council comments and questions followed.

Assistant Director of Public Works Liw and Director of Public Works Mobeck addressed Council comments and questions.

Public Speaker(s): Pratik
Justin Cronin
Betsy Megas
Council questions followed.

Assistant Director of Public Works Liw addressed Council questions. 7:00 PM COUNCIL REGULAR AND SPECIAL STADIUM AUTHORITY MEETING 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 AB 23 Announcement and Behavioral Standards. Assistant City Clerk Pimentel noted any registered Lobbyist providing testimony to identify themselves as Lobbyist.

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
Mayor Gillmor noted that there was no reportable action on Closed Session Items 1.A, 1.B, and 1.C.

Chief Assistant City Attorney Reuter noted that there was no reportable action in Closed Session on Items 1.D and 1.E.

CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
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3. 22-334 Action to Continue the Public Hearing for the Patrick Henry Drive Specific Plan including: Determination of the Adequacy of the Environmental Impact Report (EIR) and Adoption of a Statement of Overriding Considerations and an Associated Mitigation Monitoring and Reporting Program (MMRP); Adoption of the Patrick Henry Drive Specific Plan; Adoption of General Plan Amendments to Create New General Plan Land Use Designations and Change the General Plan Land Use Diagram from Light Industrial to Various Residential Designations; and Adoption of Chapter 18.27 of the Zoning Code to Create Zoning Regulations for the Patrick Henry Drive Specific Plan and Rezoning of the Patrick Henry Drive Specific Plan Area Recommendation: Take action to continue the Patrick Henry Drive Specific Plan including:

Determination of the Adequacy of the Environmental Impact Report (EIR) and Adoption of a Statement of Overriding Considerations and an Associated Mitigation Monitoring and Reporting Program (MMRP); Adoption of the Patrick Henry Drive Specific Plan; Adoption of General Plan Amendments to Create New General Plan Land Use Designations and Change the General Plan Land Use Diagram from Light Industrial to Various Residential Designations; and Adoption of Chapter 18.27 of the Zoning Code to Create Zoning Regulations for the Patrick Henry Drive Specific Plan and Rezoning of the Patrick Henry Drive Specific Plan Area, to March 22, 2022.

A motion was made by Vice Mayor Jain, seconded by Councilmember Park, to continue the Public Hearing for the Patrick Henry Drive Specific Plan including: Determination of the Adequacy of the Environmental Impact Report (EIR) and Adoption of a Statement of Overriding Considerations and an Associated Mitigation Monitoring and Reporting Program (MMRP); Adoption of the Patrick Henry Drive Specific Plan; Adoption of General Plan Amendments to Create New General Plan Land Use Designations and Change the General Plan Land Use Diagram from Light Industrial to Various Residential Designations; and Adoption of Chapter 18.27 of the Zoning Code to Create Zoning Regulations for the Patrick Henry Drive Specific Plan and Rezoning of the Patrick Henry Drive Specific Plan Area to March 22, 2022.

City of Santa Clara Page 4 Printed on 05/22/2022

Aye: 7 - Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor
Council and Authorities Concurrent 03/08/2022
and Special Stadium Authority Meeting
Meeting Minutes

4.A 22-385

4.B 22-04

4.C 22-314
Informational Item Regarding Interim City Attorney Hiring (No Council Action to Be Taken)
Outside Legal Counsel Jenica Maldonado (Renne Public Law Group) provided a verbal update on the Interim City Attorney recruitment.

Proclaim March 2022 as Women's History Month
Mayor Gillmor proclaimed March 2022 as Women's History Month.

Discussion by the Consulate of Ireland on the historic relationship between Santa Clara and Ireland
Mayor Gillmor introduced the Vice Consul of Ireland in San Francisco Doireann O'Brien provided a verbal report on the historic relationship between the City of Santa Clara and Ireland.

Council comments followed.

Public Speaker(s): Lee Broughman
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SPECIAL ORDER OF BUSINESS
Council and Authorities Concurrent and 03/08/2022
Special Stadium Authority Meeting
Meeting Minutes

4.D 22-127 Recognition of the Donation in the Amount of $6,500 From Jerold W.

Louderback, Jr. for the Purchase and Installation of a Memorial Bench to be Located in the Greek Section of the Mission City Memorial Park in Honor of Pauline M. Louderback, Ernest M. Peterson, and Helen F.

Peterson and Related Budget Amendment
Recommendation: 1. Recognition of the donation in the amount of $6,500 from Jerold W.

Louderback, Jr. for the purchase and installation of a Memorial Bench to be located in the Greek section of the Mission City Memorial Park In Honor of Pauline M. Louderback, Ernest M. Peterson, and Helen F.

Peterson; 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 the FY2021/22 budget amendment in the Cemetery Fund to recognize and appropriate a donation in the amount of $6,500 (five affirmative Council votes required to appropriate additional revenue).

Mayor Gillmor recognized the donation from Jerold W. Louderback, Jr. for the purchase and installation of a Memorial Bench to be located in the Greek section of the Mission City Memorial Park In Honor of Pauline M.

Louderback, Ernest M. Peterson, and Helen F. Peterson.

Jerold W Louderback, Jr. expressed comments of gratitude and dedicated the donation in honor of Pauline M. Louderback, Ernest M.

Peterson, and Helen F. Peterson.

A motion was made by Councilmember Becker, seconded by
Councilmember Watanabe, to (1) recognize the donation in the amount of $6,500 from Jerold W. Louderback, Jr. for the purchase and installation of a Memorial Bench to be located in the Greek section of the Mission City Memorial Park In Honor of Pauline M.

Louderback, Ernest M. Peterson, and Helen F. Peterson; 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 the FY2021/22 budget amendment in the Cemetery Fund to recognize and appropriate a donation in the amount of $6,500 (five affirmative City of Santa Clara Page 6 Printed on 05/22/2022
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Council votes required to appropriate additional revenue).

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor
7 -

CONSENT CALENDAR
A motion was made by Councilmember Jain, seconded by
Councilmember Hardy, to approve the balance of the Consent Calendar (except Items 5.E and 5.M).

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor
7 -

5.A 22-350 Action on December 7, 2021 Council & Authorities Concurrent and Special Stadium Authority Meeting Minutes
Recommendation: Approve the Meeting Minutes of the December 7, 2021 - Council & Authorities Concurrent and Special Stadium Authority Meeting.

A motion was made by Vice Mayor Jain, seconded by
Councilmember Hardy, to approve staff recommendation.

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5.B 22-14 Board, Commissions and Committee Minutes
Recommendation: Note and file the Minutes of:

Planning Commission - January 26, 2022
Board of Library Trustees - July 19, 2021
Board of Library Trustees - November 1, 2021
Board of Library Trustees - December 6, 2021
Board of Library Trustees - January 6, 2022
Senior Advisory Commission - January 24, 2022
A motion was made by Vice Mayor Jain, seconded by
Councilmember Hardy, to approve staff recommendation.

5.C 22-142 Action on Bills and Claims Report (CC, SCSA, SOSA) for the period January 1, 2022 - January 28, 2022
Recommendation: Approve the list of Bills and Claims for January 1, 2022 - January 28, 2022.

A motion was made by Vice Mayor Jain, seconded by
Councilmember Hardy, to approve staff recommendation.

5.D 22-07 Action on Monthly Financial Status and Investment Report for November 2021 and Approve Related Budget Amendments
Recommendation: Note and file the Monthly Financial Status and Investment Reports for November 2021 as presented and Approve Related Budget Amendments in various funds 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,” as noted for each individual item in Attachment 3.

A motion was made by Vice Mayor Jain, seconded by
Councilmember Hardy, to approve staff recommendation.

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5.F 22-1691 Action on an Agreement with TJKM Transportation Consultants for Transportation Modeling Update Services
Recommendation: 1. Authorize the City Manager to execute an Agreement with TJKM Transportation Consultants for services to provide Transportation Modeling Update Services for an initial two-year term with maximum compensation not-to-exceed $148,951;

2. Authorize the City Manager to make minor modifications to the Agreement, if necessary; and

3. Authorize the City Manager to execute a one-year option to extend the term of the Agreement, not to exceed three years, at the City’s sole discretion, after the initial term and subject to the appropriation of funds.

A motion was made by Vice Mayor Jain, seconded by
Councilmember Hardy, to approve staff recommendation.

5.G 22-40 Action on Agreements with Construction Testing Services, Ninyo and Moore Geotechnical and Environmental Sciences Consultants, Quality Assurance Engineering, and Smith-Emery of San Francisco, for Materials Testing and Special Inspection Services for Public Works Projects Recommendation: 1. Approve and authorize the City Manager to execute an agreement for the Performance of Services with Construction Testing Services, Inc. ($105,000), Ninyo and Moore Geotechnical and Environmental Sciences Consultants ($105,000), Quality Assurance Engineering, Inc. ($105,000), and Smith-Emery of San Francisco, Inc. ($105,000) to perform on-call materials testing and special inspection services for a combined amount not-to-exceed $420,000 over the three-year terms of the agreements;

2. Authorize the City Manager to amend agreement not-to-exceed amounts as long as the cumulative total does not exceed $420,000 subject to annual appropriations; and

3. Authorize the City Manager to exercise up to two one-year extensions for each agreement with no increase in compensation in the event that the work is not completed by the Agreement end dates and make minor modifications to the agreements, if necessary.

A motion was made by Vice Mayor Jain, seconded by
Councilmember Hardy, to approve staff recommendation.

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5.H 22-41 Action on Agreements with CSG Consultants, CPM Associates, and Propcon Corp dba APC International, for Construction Management and Inspection Services for Public Works Projects
Recommendation: 1. Approve and authorize the City Manager to execute agreements for the Performance of Services with, CPM Associates, Inc. ($246,000), CSG Consultants, Inc. ($246,000) and Propcon Corp. ($246,000), to perform on-call construction management and inspection services for a combined amount not-to-exceed $738,000 over the initial three-year terms of the agreements;

2. Authorize the City Manager to exercise up to two, one-year extensions for each agreement and make minor modifications to the agreements, if necessary; and

3. Authorize the City Manager to adjust compensation amounts between the three agreements and to amend agreement not-to-exceed amounts up to an aggregate amount of $1,050,000 subject to budget appropriations.

A motion was made by Vice Mayor Jain, seconded by
Councilmember Hardy, to approve staff recommendation.

5.I 22-74 Action on an Agreement with Baker Tilly US, LLP for Citywide Risk Assessment, Annual Work Plan, and Internal Audit Work
Recommendation: 1. Authorize the Audit Manager to execute an agreement with Baker Tilly US, LLP for Citywide Risk Assessment, Annual Work Plan, and Internal Audit Work, for a five-year term starting on April 1, 2022 and ending on March 31, 2027, with maximum compensation not-to-exceed $446,750 and subject to the appropriation of funds; and

2. Authorize the Audit Manager to execute amendments to the Agreement for additional risk assessment and audit services that may be required during the five-year term, subject to the appropriation of funds.

A motion was made by Vice Mayor Jain, seconded by
Councilmember Hardy, to approve staff recommendation.

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5.J 22-152 Action to Authorize the Office of the City Manager to Negotiate and Execute Amendments to Agreements for the Performance of Services with Precept Environmental, Inc. and Art Alger, Inc. dba Peninsula Crane & Rigging to Extend the Terms and Increase the Maximum Compensations Recommendation: 1. Authorize the Office of the City Manager to negotiate and execute Amendment No. 1 to the Agreement for the Performance of Services with Precept Environmental, Inc. to extend the term through March 16, 2025 (an additional three years) and increase the maximum compensation to $280,000;

2. Authorize the Office of the City Manager to negotiate and execute Amendment No. 2 to the Agreement for Services with Art Alger, Inc. dba Peninsula Crane & Rigging to extend the term through March 27, 2025 (an additional three years) and increase the maximum compensation to $700,000; and

3. Authorize the Office of the City Manager to execute additional amendments to increase the maximum compensation during the term of the subject agreements if the demand for services exceeds maximum compensation, subject to the appropriation of funds.

A motion was made by Vice Mayor Jain, seconded by
Councilmember Hardy, to approve staff recommendation.

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5.K 22-182 Action on the Second Amendment to the Contract Between the County of Santa Clara And City of Santa Clara - Congregate Meals for the Senior Nutrition Program at the Santa Clara Senior Center for FY2021/22 and Related Budget Amendment
Recommendation: 1. Approve and authorize the Office of the City Manager to execute the Second Amendment to the Contract Between the County of Santa Clara and City of Santa Clara -Congregate Meals at the Santa Clara Senior Center in the amount not to exceed $121,324 for FY 2021/22;

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 related FY 2021/22 budget amendment in the Parks and Recreation Operating Grant Trust Fund to decrease the Other Agencies Revenue and the Senior Nutrition Program by $23,215 (majority affirmative Council votes required); and

3. Authorize the Office of the City Manager to negotiate and execute amendments to the Agreement, subject to Council appropriation of funds.

A motion was made by Vice Mayor Jain, seconded by
Councilmember Hardy, to approve staff recommendation.

5.L 22-158 Action to Authorize the Office of the City Manager to Negotiate and Execute Amendment No. 3 to the Steam Sales Agreement with The Newark Group, Inc. to Extend the Agreement Until March 31, 2024 and Add Additional Financial Provisions
Recommendation: Authorize the Office of the City Manager to Negotiate and Execute Amendment No. 3 to the Steam Sales Agreement with The Newark Group, Inc. to extend the Agreement until March 31, 2024 and include additional financial provisions.

A motion was made by Vice Mayor Jain, seconded by
Councilmember Hardy, to approve staff recommendation.

5.N 22-316 Note and File the Strategy and Next Steps for the Sale of the Loyalton Ranch Property
Recommendation: Note and File the Strategy and Next Steps for the sale of the Loyalton Ranch Property.

A motion was made by Vice Mayor Jain, seconded by
Councilmember Hardy, to approve staff recommendation.

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5.O 22-360 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 continued 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 Vice Mayor Jain, seconded by Councilmember Hardy, to adopt Resolution No. 22-9058 finding the continued 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.

SANTA CLARA STADIUM AUTHORITY

6. 22-111 Action on Stadium Authority Bills and Claims for the Month of November 2021
Recommendation: Approve the list of Stadium Authority Bills and Claims for November 2021.

A motion was made by Vice Chair Jain, seconded by Boardmember Hardy, to approve staff recommendation.

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PUBLIC PRESENTATIONS
Sanghee Han noted that there are youth community members on today's meeting that would like to speak about Korean stereotypes.

Mary Grizzle expressed comments of concern regarding City residents unable to speak during Council Priority Setting Session and requested that one member be able to speak at the March 22, 2022 Council and Authorities Concurrent meeting regarding findings on building a City Hall in Downtown Santa Clara.

Gary Ferraris, President AFSCME Bargaining Unit No. 6 (the following conceded their time: Cliff Meyers, Brian Bradbury, James Dudley, Phil Francisco, Luis Silveria and Carlos Martinez) expressed comments of concern regarding executive management decisions and Bargaining Unit No. 6 employee morale.

Grace Kwak expressed comments regarding continued relationship between Korean Community and the City of Santa Clara and encouraged considering Incheon as a future Sister City.

Robin Park expressed comments of concern regarding petitions regarding misleading claims of illegal dog farming and encourage residents to do their own research.

Eunsu Cho expressed comments regarding culture development of Incheon, South Korea.

Dan Ondrasek expressed comments regarding Reclaiming Downtown efforts to learn more regarding potentially moving City Hall to Downtown and encourage to fund a study to understand the feasibility.

IBEW expressed comments in support of AFSCME Bargaining Unit No. 6 efforts.

Torrie Ferraris expressed comments of concern regarding treatment of Bargaining Unit No. 6.

Edward Strine expressed comments of concern regarding mask mandates.

Kathy Almazol expressed comments of concern regarding comments made by Councilmember Park regarding former City Manager Santana.

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Carol expressed comments of concern regarding comments made by Councilmember Park regarding former City Manager Santana.

Councilmember Park apologized for comments made regarding former City Manager Santana and will print this statement on his website and possibly the City website.

Council comments followed.

Carol expressed comments of concern regarding former City Manager Santana.

Council comments followed.

A motion was made by Councilmember Watanabe, seconded by Mayor Gillmor, to consider for a future agenda to consider admonishing or censuring Councilmember Park.

Sandy Myers expressed comments of concern regarding former City Manager Santana.

Council comments followed.

A motion was made by Councilmember Watanabe, seconded by Mayor Gillmor, to consider for a future agenda to consider admonishing or censuring Councilmember Park.

Aye: 2 - Councilmember Watanabe, and Mayor Gillmor
Nay: 2 - Councilmember Hardy, and Vice Mayor Jain
Abstained: Councilmember Chahal, Councilmember Park, and Councilmember Becker
3 -
22-406 Public Presentations Post Meeting Material

CONSENT ITEMS PULLED FOR DISCUSSION
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5.E 22-141 Action on the Santa Clara Convention Center FY 2021/22 2nd Quarter Financial Status Report
Recommendation: Note and file the Santa Clara Convention Center Financial Status Report for the 2nd Quarter ending December 31, 2021, as submitted by Spectra.

Vice Mayor Jain pulled this item for further discussion.

Director of Finance Lee addressed Council questions.

A motion was made by Vice Mayor Jain, seconded by
Councilmember Park, to note and file the Santa Clara Convention Center Financial Status Report for the 2nd Quarter ending December 31, 2021, as submitted by Spectra.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor
7 -

5.M 22-180 Action on Park & Recreation Commission’s Recommendation that Council Approve the Park Master Plan-Schematic Design for the New Public Mini-Park to be located at 5150 Calle Del Sol & 2350 Calle De Luna (Related - Tasman East Focus Area)
Recommendation: Council approve the Park Master Plan - Schematic Design for the New Public Mini-Park to located at 5150 Calle Del Sol & 2350 Calle De Luna.

Vice Mayor Jain disclosed he met with the applicant (Related Companies) and requested further clarification regarding the park at this development.

Director of Parks and Recreation Teixeira addressed Council questions.

Councilmember Watanabe noted that she met with the applicant (Related Companies).

Council comments followed.

A motion was made by Councilmember Watanabe, seconded by Councilmember Hardy, to approve the Park Master Plan - Schematic Design for the New Public Mini-Park located at 5150 Calle Del Sol and 2350 Calle De Luna.

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Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor
7 -

PUBLIC HEARING/GENERAL BUSINESS

7. 22-1582 Action to Waive First Reading and Introduce an Ordinance Approving a Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481; and Note and File Recommendation Submitted by the Task Force on Diversity, Equity and Inclusion to Adopt AB481 Policy and Ordinance
Recommendation: Waive First Reading and Introduce an Ordinance Approving a Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481; and Note and File Recommendation submitted by the Task Force on Diversity, Equity and Inclusion to Adopt AB481 Policy and Ordinance.

Chief of Police Nikolai gave a Powerpoint presentation.

Council comments and questions followed.

Chief Assistant City Attorney Reuter addressed Council questions.

A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to waive first reading and introduce Ordinance No. 2043 approving a Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481, and Note and File Recommendation submitted by the Task Force on Diversity, Equity and Inclusion to Adopt AB481 Policy and Ordinance.

8. 22-242 Action on Amendment No. 5 to the Agreement for the Performance of Services with Wilson, Ihrig & Associates for Noise Monitoring Services at Levi’s Stadium
Recommendation: Alternative 1:

Authorize the City Manager to execute Amendment No. 5 with Wilson, Ihrig & Associates to extend the term of the Agreement by 2 years ending on March 31, 2024, and increase maximum compensation by $140,000 for a total not to exceed amount of $439,840, subject to Santa Clara Stadium Authority Board appropriation of funds.

Director of Community Development Crabtree gave a Powerpoint presentation on Amendment No. 5 to the agreement for the Performance of Services with Wilson, Ihrig & Associates for Noise Monitoring services at Levi's stadium.

Council comments and questions followed.

Director of Community Development Crabtree and Derek Watry (Principal and Presidents - Wilson, Ihrig & Associates) addressed the questions.

Public Speaker(s): Edward Strine
Council questions followed.

A motion was made by Vice Mayor Jain, seconded by Councilmember Hardy, to approve Alternative 2: authorize the City Manager to execute Amendment No. 5 with Wilson, Ihrig & Associates to extend the term of the Agreement through March 31, 2023, and increase maximum compensation by $70,000 for a total not to exceed amount of $369,840, subject to Santa Clara Stadium Authority Board appropriation of funds and direct staff to initiate a Request for Proposals to evaluate a new potential vendor for noise monitoring services.

Director of Community Development Crabtree and Derek Watry (Principal and Presidents - Wilson, Ihrig & Associates) addressed the questions.

Council comments followed.

Councilmember Park requested a friendly amendment in addition to directing staff to return with a report on alternative approaches to noise monitoring/abatement close to the Stadium.

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Vice Mayor Jain and Councilmember Hardy accepted the friendly amendment.

Council comments followed.

A motion was made by Vice Mayor Jain, seconded by
Councilmember Hardy, to approve Alternative 2: authorize the City Manager to execute Amendment No. 5 with Wilson, Ihrig & Associates to extend the term of the Agreement through March 31, 2023, and increase maximum compensation by $70,000 for a total not to exceed amount of $369,840, subject to Santa Clara Stadium Authority Board appropriation of funds and direct staff to initiate a Request for Proposals to evaluate a new potential vendor for noise monitoring services and to direct staff to return with a report on alternative approaches to noise monitoring/abatement close to the Stadium.

Aye: Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor 6 -
Nay: 1 - Councilmember Watanabe
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9. 22-384 Discussion and Action on Potential March 10, 2022 Cities Association Legislative Action Committee Meeting AB 1944 Agenda Item Recommendation: 1. Council discussion and action to take either a “Support”, “Oppose”, or “No Position” position on the potential March 10, 2022 Cities Association LAC Meeting AB 1944 agenda item; and

2. Authorize Councilmember Watanabe to take action on the potential LAC Meeting AB 1944 agenda item consistent with the City Council’s position.

Councilmember Watanabe provided a verbal report on the potential March 10, 2022 Cities Association Legislative Action Committee Meeting AB 1944.

Council comments and questions followed.

Chief Assistant City Attorney Reuter addressed Council questions.

Council comments followed.

A motion was made by Vice Mayor Jain, seconded by
Councilmember Chahal, to (1) take “Support” position on the potential March 10, 2022 Cities Association LAC Meeting AB 1944 agenda item; and (2) authorize Councilmember Watanabe to take action on the potential LAC Meeting AB 1944 agenda item consistent with the City Council’s position.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor
7 -

REPORTS OF MEMBERS AND SPECIAL COMMITTEES
None.

CITY MANAGER/EXECUTIVE DIRECTOR REPORT

ADJOURNMENT
None.

The meeting was adjourned at 10:21 PM in memory of William Grunder (former Santa Clara resident and veteran), Juan Pedro Diaz Velasco (Santa Clara resident), and held a moment of silence in memory of Morgan Chalaux.

A motion was made by Council/Boardmember Chahal, seconded by Vice Mayor/Chair Jain, to adjourn the meeting.

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Aye: Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Councilmember Becker, and Mayor/Chair Gillmor 7 -
22-403 Adjournment of the March 8, 2022 City Council and Special Stadium Authority Meeting Post Meeting Material
The next regular scheduled meeting is on Tuesday, March 22, 2022.

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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.

City of Santa Clara Page 22 Printed on 05/22/2022

MEETING DISCLOSURES
City of Santa Clara
Meeting Minutes
City Council Special Meeting
Draft
03/09/2022 4:00 PM Virtual Meeting
Pursuant to Government Code Section 54953(e) and City of Santa Clara Resolution 22-9051, 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 calls for a Special Meeting of the Santa Clara City Council to commence and convene on March 9, 2022, at 4:00 pm for a Special Meeting held virtually via Zoom, to consider the following matter(s) and to potentially take action with respect to them.
4:00 PM CLOSED SESSION
Call to Order
Mayor Gillmor called the Special Meeting to order at 4:03 PM.

Roll Call
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 -
City of Santa Clara Page 1 Printed on 05/22/2022
City Council Special Meeting Meeting Minutes 03/09/2022 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 Behavorial Standards and noted that any registered Lobbyist must identify themselves or clients they represent if they speak during a public meeting.

1. 22-301 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
None.
22-407 Public Comment eComment
Convene to Closed Session
Council convened to Closed Session at 4:09 PM.

Reconvene into Open Session

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
Mayor Gillmor noted that there was no reportable action from Closed Session.

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PUBLIC PRESENTATIONS
Lala Verite expressed comments of concern regarding comments made by Councilmember Watanabe and Mayor Gillmor in regards to Councilmember Park.

REPORTS OF MEMBERS AND SPECIAL COMMITTEES

ADJOURNMENT
None.

The meeting was adjourned at 5:41 PM.

A motion was made by Councilmember Becker, seconded by
Vice Mayor Jain, 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, March 22, 2022 City of Santa Clara Page 3 Printed on 05/22/2022
City Council Special Meeting Meeting Minutes 03/09/2022 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.

City of Santa Clara Page 4 Printed on 05/22/2022

MEETING DISCLOSURES
City of Santa Clara
Meeting Minutes
Special City Council and Santa Clara
Stadium Authority Meeting
Draft
1:30 PM Virtual Meeting
1:30 PM Closed Session
7:30 PM Open Session
03/15/2022
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 matter(s) 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.

Present: 7 -
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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.C 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: Boardmember Watanabe, Boardmember Chahal, Boardmember Hardy, Boardmember Park, Vice Chair Jain, Boardmember Becker, and Chair Gillmor
7 -
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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
22-425
Sylvia Abboud expressed gratitude for the City of Santa Clara's continued support of Heart of the Valley through CBDG funds.

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: Boardmember Watanabe, Boardmember Chahal, Boardmember Hardy, Boardmember Park, Vice Chair Jain, Boardmember Becker, and Chair Gillmor
7 -

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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 Speaker(s): 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: Boardmember Watanabe, Boardmember Chahal, Boardmember Hardy, Boardmember Park, Vice Chair Jain, Boardmember Becker, and Chair Gillmor
7 -
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: Boardmember Watanabe, Boardmember Chahal, Boardmember Hardy, Boardmember Park, Vice Chair Jain, Boardmember Becker, and Chair Gillmor
7 -
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: Boardmember Watanabe, Boardmember Chahal, Boardmember Hardy, Boardmember Park, Vice Chair Jain, Boardmember Becker, and Chair Gillmor
7 -
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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: Boardmember Chahal, Boardmember Hardy, Boardmember Park, and Boardmember Becker
4 -
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: Boardmember Chahal, Boardmember Hardy, Boardmember Park, and Boardmember Becker
4 -
Nay: 3 - Boardmember Watanabe, Vice Chair Jain, and Chair Gillmor

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: Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
7 -
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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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.

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MEETING DISCLOSURES
City of Santa Clara
Joint Meeting Minutes
Council and Authorities Concurrent &
Santa Clara Stadium Authority Meeting
Draft
3:30 PM Virtual Meeting
3:30 PM Closed Session
7:30 PM Open Session
03/22/2022
**REVISION: Updated Item 1.D to reflect the listing of name of negotiating party(ies).

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.
3:30 PM CLOSED SESSION
Call to Order
Mayor/Chair Gillmor called the meeting to order at 3:30 PM.

Present: 7 -

1.A 22-250 Public Employee Appointment (Gov. Code §§ 54957, 54954.5, subd. (e).) Title: Interim City Attorney
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1.B 22-416 Public Employee Discipline/Dismissal/Release (Government Code § 54957, (b)(1))

1.C 22-417 Public Employment Appointment (Government Code §§ 54957, 54954.5, subd. (e))
Title: Acting City Manager

1.D 22-377 Conference with Real Property Negotiators (CC) Pursuant to Gov. Code § 54956.8
Property: Please see below listing for APNs and addresses City/Authority Negotiator: Assistant City Manager, Director of Parks & Recreation
Negotiating Parties: Please see below listing for names of negotiating party(ies)
Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms)

1.E 22-408 Conference with Legal Counsel-Anticipated Litigation (CC) Pursuant to Gov. Code § 54956.9(a) - Exposure to litigation Number of potential cases: 1
(Facts and Circumstances)
City as potential defendant: Demand letter from Abramson Labor Group, representing Leo Valdez, dated February 22, 2022

1.F 22-427 Conference with Legal Counsel-Existing Litigation (CC, SARDA) Pursuant to Gov. Code § 54956.9(d)(1)
County of Santa Clara, et al., v. City of San Jose, et al.

Santa Clara County Superior Court Master Case Number (consolidated) 105CV046005

1.G 22-431 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
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Public Comment
None.

Convene to Closed Session
Council/Board adjourned to Closed Session at 3:32 PM.
7:30 PM JOINT COUNCIL AND STADIUM AUTHORITY MEETING
Call to Order
Mayor/Chair Gillmor called the Open Session to order at 7:31 PM.

Pledge of Allegiance and Statement of Values
Council/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 Behavioral Standards. Assistant City Clerk/Secretary Pimentel also noted registered Lobbyist must identify themselves and whom they represent while speaking during a public meeting.

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
Mayor Gillmor reported that on Item 1.B - Council approved severance agreement with City Manager Deanna Santana.

Chief Assistant City Attorney Reuter noted that there was no reportable action from Items 1.D, 1.E, 1.F.

Mayor Gillmor noted that there was no reportable action on Item 1.A and 1.C.

CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
Mayor Gillmor noted that Public Presentations will be heard after Special Order of Business.

SPECIAL ORDER OF BUSINESS
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2.A 22-03 Proclaim March 2022 as Red Cross Month
Council proclaimed March as American Red Cross Month.

Joe Siecinski (American Red Cross) gave a Powerpoint presentation on the American Red Cross.

Council comments followed.

2.B 22-279 Proclaim March 2022 as Youth Arts Month
Council proclaimed March as Youth Arts Month.

Sofia Fojas (Arts Coordinator, Santa Clara County Office of Education) gave a Powerpoint presentation on Youth Arts.

Council comments followed.

PUBLIC PRESENTATIONS
22-445

CONSENT CALENDAR
Dan Ondrasek gave a Powerpoint presentation on returning Main Street to Downtown Santa Clara. (Connie Costa, Mary Grizzle, Kayla Grizzle, and Dan Meyberg conceded their time to Dan to allow him to speak for 15 minutes)
Public Presentations Post Meeting Material
A motion was made by Council/Boardmember Watanabe, seconded by Council/Boardmember Hardy, to approve the Consent Calendar.

Aye: Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/Boardmember Hardy, Council/Boardmember Park, Vice Mayor/ Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor 7 -

3.A 22-400 Action on December 14, 2021 Council and Authorities Concurrent & Stadium Authority Meeting and January 5, 2022 Special City Council Meeting Minutes
Recommendation: Approve the December 14, 2021 Council and Authorities Concurrent & Stadium Authority Meeting and January 5, 2022 Special City Council Meeting minutes.

A motion was made by Councilmember Watanabe, seconded by Councilmember Hardy, to approve staff recommendation.

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3.B 22-15 Board, Commissions and Committee Minutes
Recommendation: Note and file the Minutes of:

Historical and Landmarks Commission - February 3, 2022
Cultural Commission - February 7, 2022
Youth Commission - February 8, 2022
Audit Committee - November 30, 2021
A motion was made by Councilmember Watanabe, seconded by Councilmember Hardy, to approve staff recommendation.

3.C 22-305 Action on Monthly Financial Status and Investment Report for December 2021 and Approve Related Budget Amendments
Recommendation: Note and file the Monthly Financial Status and Investment Reports for November 2021 as presented and Approve Related Budget Amendments in various funds requiring five affirmative votes and 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,” as noted for each individual item in Attachment 3.

A motion was made by Councilmember Watanabe, seconded by Councilmember Hardy, to approve staff recommendation.

3.D 22-306 Action on the Single Audit Report for Fiscal Year 2020-21 Recommendation: Note and file the City of Santa Clara Single Audit Report for the year ended June 30, 2021, as recommended by the Council Audit Committee.

A motion was made by Councilmember Watanabe, seconded by Councilmember Hardy, to approve staff recommendation.

3.E 22-356 Action on the Integrated Goose Management Plan (IGMP) for Central Park Recommendation: Recommend that Council approve the Santa Clara Central Park Integrated Goose Management Plan and its implementation.

A motion was made by Councilmember Watanabe, seconded by Councilmember Hardy, to approve staff recommendation.

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3.F 22-1704 Action on a Substation Agreement with CoreSite Real Estate SV9, L.P. for Stender Way Junction Substation, Related Budget Amendment, Addition of

4.0 Full Time Positions and Delegation of Authority to the Office of the City Manager to Negotiate and Execute Substation Agreements for Silicon Valley Power (SVP) with the following customers:

1. 651 Walsh Partners, LLC for Laurelwood Junction Substation;

2. 1220 Santa Clara Propco, LLC for Memorex Junction Substation; and

3. C-1 Santa Clara LLC, for Martin Avenue Junction Substation Agreement Recommendation: 1. Authorize the Office of the City Manager to execute the Substation Agreement with CoreSite Real Estate SV9, L.P. to allow SVP to design, procure equipment, and construct 60kV facilities to serve the Stender Way Junction Substation to meet an ultimate capacity of 49 MVA of permanent electric service to 2905 Stender Way, subject to the appropriation of funds;

2. Authorize the Office of the City Manager to negotiate and execute a Substation Agreement with 651 Walsh Partners, LLC to allow SVP to design, procure equipment, and construct 60kV facilities to serve the Laurelwood Junction Substation to meet an ultimate capacity of up to 99 MVA of permanent electric service to 651 Walsh Avenue, subject to the appropriation of funds;

3. Authorize the Office of the City Manager to negotiate and execute a Substation Agreement with 1220 Santa Clara Propco, LLC to allow SVP to design, procure equipment, and construct 60kV facilities to serve the Memorex Junction Substation to meet an ultimate capacity of up to 60 MVA of permanent electric service to 1220 Memorex Drive, subject to the appropriation of funds;

4. Authorize the Office of the City Manager to negotiate and execute a substation agreement with C-1 Santa Clara LLC to allow SVP design, procure equipment, and construct 60kV facilities to serve for Martin Avenue Junction Substation to meet an ultimate capacity of up to 99 MVA of permanent electric service to 2600 De La Cruz, subject to the appropriation of funds;

5. Authorize the Office of the City Manager to make minor modifications to the substation agreements and execute any and all associated documents;

6. Delegate authority to the Office of the City Manager to approve long lead time material procurement agreements and associated purchase orders for these Substation Agreements;

7. 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 City of Santa Clara Page 6 Printed on 05/31/2022
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available revenue not included in the budget,” approve the following FY 2021/22 budget amendments:

A. In the Electric Utility Capital Fund, recognize developer contributions of $885,166, and increase the Stender Way Junction project appropriation by $885,166, and recognize developer contributions of $4,016,000, and increase the Memorex Junction Substation project appropriation by $4,016,000 (five affirmative Council votes required to appropriate additional revenue); and

8. Approve the addition of two (2) Senior Electric Utility Engineers, one (1) Senior Instrument and Controls Technician, and one (1) Electric Water System Operator in the Electric Utility Department.

A motion was made by Councilmember Watanabe, seconded by Councilmember Hardy, to approve staff recommendation.

3.G 22-1748 Action on an Agreement with Iteris, Inc. for Design Professional Services for the Great America Parkway and Tasman Drive Traffic Signal Interconnect Project
Recommendation: 1. Approve and authorize the City Manager to execute an agreement for Design Professional Services with Iteris, Inc. for the Great America Parkway and Tasman Drive Traffic Signal Interconnect Project in the amount not-to-exceed $158,000; and

2. Authorize the City Manager to make minor modifications to the agreement, if needed.

A motion was made by Councilmember Watanabe, seconded by Councilmember Hardy, to approve staff recommendation.

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3.H 22-103 Action on Agreements with Axon Enterprise, Inc. for the Purchase of Body Worn Cameras, Conducted Energy Weapons, and Evidence.com Recommendation: 1. Authorize the City Manager’s Office to execute an agreement with Axon Enterprise, Inc. for the bundled purchase of Body Worn Cameras, Conducted Energy Weapons and Evidence.com for the Santa Clara Police Department with a five-year term starting on April 1, 2022 and ending on March 31, 2027, with maximum compensation not-to-exceed $2,276,714, and subject to the appropriation of funds;

2. Authorize the Executive Director’s Office to execute an agreement with Axon Enterprise, Inc. for the purchase of Body Worn Cameras and Evidence.com for the Santa Clara Stadium Authority with a five-year term starting on April 1, 2022 and ending on March 31, 2027, with maximum compensation not-to-exceed $439,294, and subject to the appropriation of funds;

3. Authorize staff to purchase additional body worn cameras, conducted energy weapons and software services as may be required, subject to the same terms and conditions and the appropriation of funds; and

4. Authorize the City Manager and the Executive Director Offices to extend the agreements for up to five additional years, at the discretion of the SCPD and subject to the appropriation of funds.

A motion was made by Councilmember Watanabe, seconded by Councilmember Hardy, to approve staff recommendation.

3.I 22-112 Action on an Agreement with R3 Consulting Group, Inc. for Solid Waste Consulting Services
Recommendation: 1. Authorize the City Manager’s Office to execute an Agreement with R3 Consulting Group, Inc. for solid waste consulting services, with a five-year term starting on or around April 1, 2022, and ending on June 30, 2027, with maximum compensation not-to-exceed $754,915 subject to the appropriation of funds;

2. Authorize the City Manager’s Office to execute amendments to the Agreement for additional solid waste consulting services that may be required during the five-year term, subject to the appropriation of funds; and

3. Authorize the City Manager’s Office to execute up to two, one-year options to extend the Agreement through June 30, 2029, subject to the appropriation of funds.

A motion was made by Councilmember Watanabe, seconded by Councilmember Hardy, to approve staff recommendation.

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3.J 22-153 Action on Various Agreements for Silicon Valley Power (SVP), Authorizing the Office of the City Manager to:

1. Exercise options to renew an Enterprise Program Agreement with OSIsoft, LLC for up to five years and increase funding authorization to include additional services or addition of assets to the existing licenses;

2. Negotiate and Execute Amendment No. 2 to an Agreement for Services with Efficiency Services Group, LLC to administer the Commercial Parking Lot & Exterior Lighting Program to Silicon Valley Power's (SVP) small and mid-sized business customers;

3. Negotiate and execute additional amendments to add or delete services or licenses consistent with the scopes of the subject agreements, and allow future rate adjustments including associated increases to maximum compensation, subject to request and justification by contractor, approval by the City, and the appropriation of funds; and

4. Execute long lead-time material agreements and purchase orders for the South Loop Reconfiguration Project
Recommendation: 1. Authorize the Office of the City Manager to exercise options to renew the Enterprise Program Agreement with OSIsoft, LLC for up to five years through April 23, 2027 and increase funding authorization by $911,930 to include additional services or addition of assets to the existing licenses for a total maximum authorization of $1,400,000, subject to annual appropriation of funds;

2. Authorize the Office of the City Manager to negotiate and execute Amendment No. 2 to an Agreement for Services with Efficiency Services Group, LLC to administer the Commercial Parking Lot & Exterior Lighting Program to Silicon Valley Power's (SVP) small and mid-sized business customers extending the term through June 30, 2023 and increasing maximum compensation by $527,000 for a total maximum authorization of $1,527.000, subject to annual appropriation of funds;

3. Authorize the Office of the City Manager to negotiate and execute additional amendments to add or delete services or licenses consistent with the scope of the agreements and allow future rate adjustments including associated increases in maximum compensation subject to request and justification by contractor, approval by the City, and the appropriation of funds; and

4. Delegation of authority to the Office of the City Manager to purchase long lead-time materials for South Loop Reconfiguration Project.

A motion was made by Councilmember Watanabe, seconded by Councilmember Hardy, to approve staff recommendation.

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3.K 22-96 Action on Agreements with C2R Engineering, Inc. and West Valley Construction Company, Inc. for On Call Emergency Water & Sewer Utility Repairs
Recommendation: Authorize the City Manager’s Office to execute Master Agreements with C2R Engineering, Inc. and West Valley Construction Company for On Call Emergency Water & Sewer Utility Repairs, for a five-year term starting on or about April 1, 2022, and ending on or about March 31, 2027, with a maximum aggregate compensation not-to-exceed $5,000,000 for the two Master Agreements.

A motion was made by Councilmember Watanabe, seconded by Councilmember Hardy, to approve staff recommendation.

3.L 22-119 Action on a Resolution Acknowledging Receipt by City Council of a State-Mandated Compliance Report on Required Annual Fire Inspections of Certain Occupancies
Recommendation: Adopt a Resolution acknowledging receipt of a report made by the Fire

3.M 22-262
Chief of the Santa Clara Fire Department regarding the inspection of certain occupancies requiring annual inspections in such occupancies pursuant to sections 13146.2 and 13146.3 of the California Health and Safety Code.

A motion was made by Councilmember Watanabe, seconded by Councilmember Hardy, to adopt Resolution No. 22-9059
acknowledging receipt of a report made by the Fire Chief of the Santa Clara Fire Department regarding the inspection of certain occupancies requiring annual inspections in such occupancies pursuant to sections 13146.2 and 13146.3 of the California Health and Safety Code.

Accept the 2021 General Plan Annual Progress Report
Recommendation: Accept the General Plan Annual Progress Report as presented by staff.

A motion was made by Councilmember Watanabe, seconded by Councilmember Hardy, to approve staff recommendation.

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3.N 22-304 Action on Reappointment of Board and Commission Members, Declaring Commissioner Vacancies, and Setting Dates for Recruitment and Interviews
Recommendation: 1. Reappoint the six (6) eligible commissioners to serve a four-year term each ending June 30, 2026;

2. Declare five (5) vacancies on the following commissions for four (4) full terms each ending June 30, 2026 and one partial term ending June 30, 2025:
· Two (2) on the Parks and Recreation Commission (full terms); · One (1) on the Planning Commission (full term); and
· Two (2) on the Senior Advisory commission (one full term and one partial term);

3. Open the recruitment period on March 23, 2022;

4. Set April 27, 2022 by 5:00 p.m. as the application deadline; and

5. Set May 16, 2022 to conduct interviews.

A motion was made by Councilmember Watanabe, seconded by Councilmember Hardy, to approve staff recommendation.

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3.O 22-1777 Action to Waive First Reading and Introduce an Ordinance of the City of Santa Clara, California, Defining the Composition of the Membership of the Bicycle and Pedestrian Advisory Committee and the Scope of the Bicycle and Pedestrian Advisory Committee’s Jurisdiction, Adding a New Section 2.120.170 (“Bicycle and Pedestrian Advisory Committee”) and Amending Section 2.120.010 (Names, Membership, Qualifications, and Terms of Office”) of Chapter 2.120 (“Boards and Commissions”) of Title 2 (“Administration and Personnel”) of the Santa Clara City Code and Adopt Changes to the Bicycle and Pedestrian Advisory Committee Policy Guidelines
Recommendation: 1. Waive First Reading and Introduce an Ordinance of the City of Santa Clara, California, Defining the Composition of the Membership of the Bicycle and Pedestrian Advisory Committee and the Scope of the Bicycle and Pedestrian Advisory Committee’s Jurisdiction, Adding a New Section 2.120.170 (“Bicycle and Pedestrian Advisory Committee”) and Amending Section 2.120.010 (Names, Membership, Qualifications, and Terms of Office”) of Chapter 2.120 (“Boards and Commissions”) of Title 2 (“Administration and Personnel”) of “The Code of the City of Santa Clara, California”; and

2. Adopt Changes to the Bicycle and Pedestrian Advisory Committee Policy Guidelines.

A motion was made by Councilmember Watanabe, seconded by Councilmember Hardy, pass to print Ordinance No. 2043 Defining the Composition of the Membership of the Bicycle and Pedestrian Advisory Committee and the Scope of the Bicycle and Pedestrian Advisory Committee’s Jurisdiction, Adding a New Section 2.120.170 (“Bicycle and Pedestrian Advisory Committee”) and Amending Section 2.120.010 (Names, Membership, Qualifications, and Terms of Office”) of Chapter 2.120 (“Boards and Commissions”) of Title 2 (“Administration and Personnel”) of “The Code of the City of Santa Clara, California”; and Adopt Changes to the Bicycle and Pedestrian Advisory Committee Policy Guidelines.

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3.P 22-352 Action to Waive Second Reading and Adopt Ordinance No. 2041 to Amend Section 18.80.210 of the Zoning Code to Increase the Permissible Height of Digital Billboards
Recommendation: Waive Second Reading and Adopt Ordinance No. 2041 to Amend Section

18.80.210 of the Zoning Code to allow for increased sign height in conjunction with a Billboard Relocation Agreement.

Public Speaker(s): Jan Hintermeister
Director of Community Development Crabtree addressed public comments.

A motion was made by Councilmember Watanabe, seconded by Councilmember Hardy, to adopt Ordinance No. 2041 amending Section 18.80.210 of the Zoning Code to allow for increased sign height in conjunction with a Billboard Relocation Agreement.

3.Q 22-409 Action to Waive Second Reading and Adopt Ordinance No. 2042 Approving a Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481
Recommendation: Waive Second Reading and Adopt Ordinance No. 2042 Approving a Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481.

A motion was made by Councilmember Watanabe, seconded by Councilmember Hardy, to Adopt Ordinance No. 2042 approving a Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481.

SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR

4.A 22-309 Informational Report on Dates and Purpose of Stadium Authority and Stadium Manager Meetings and Corresponding Minutes for the Period of October 1 to December 31, 2021
Recommendation: Note and file the quarterly report on Stadium Authority and Stadium Manager meetings and corresponding minutes for the period of October 1 to December 31, 2021.

A motion was made by Boardmember Watanabe, seconded by
Boardmember Hardy, to approve staff recommendation.

4.B 22-272 Action on Stadium Authority Bills and Claims for the Month of December 2021
Recommendation: Approve the list of Stadium Authority Bills and Claims for December 2021.

A motion was made by Boardmember Watanabe, seconded by
Boardmember Hardy, to approve staff recommendation.

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4.C Action on Request Submitted by the Stadium Manager to Exercise Option to Extend Term of Agreement with Landmark Event Staffing Services, Inc. for Levi’s Stadium Event Security Services

1. 22-414 Request from the Stadium Manager to Exercise Option to Extend Term of Agreement with Landmark Event Staffing Services, Inc. for Levi’s Stadium Event Security Services

2. 22-415 Report from Stadium Authority for Action on the Stadium Manager’s Request to Exercise Option to Extend Term of Agreement with Landmark Event Staffing Services, Inc. for Levi’s Stadium Event Security Services Recommendation:

1. Approve the Stadium Manager’s request to exercise its option to extend the term of the agreement with Landmark by one additional two-year period through March 31, 2024, 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 Watanabe, seconded by
Boardmember Hardy, to approve staff recommendation.

CONSENT ITEMS PULLED FOR DISCUSSION
None.

PUBLIC HEARING/GENERAL BUSINESS
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5. 22-358 Report and Presentation from the Independent Redistricting Commission on the 2020 Census Redistricting Process and its Adoption of a Final Map; Action on the Introduction of an Ordinance Adopting the New Council District Map - TO BE HEARD AT 8:00 PM or SHORTLY THEREAFTER Recommendation: Approval of the introduction of an ordinance adopting a new City Council District map describing the district boundaries for the City of Santa Clara’s By-District elections.

City Clerk Haggag provided introductory remarks and introduced Chair Mirashi of the Independent Redistricting Commission.

Chair Mirashi and Jeanne Gobalet (Lapkoff & Gobalet Demographers, Inc. - Demographer) gave a Powerpoint presentation.

Council comments and questions followed.

Jeanne Gobalet addressed Council questions.

A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve the introduction of Ordinance No. 2044 adopting a new City Council District map describing the district boundaries for the City of Santa Clara’s By-District elections.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor
7 -

6. 22-1757 Public Hearing: Adoption of a Resolution Ordering the Abatement of a Nuisance Consisting of Growing Weeds in Association with the County Weed Abatement Program for 2021-2022
Recommendation: Adopt a Resolution ordering the abatement of a nuisance consisting of growing weeds in the City.

A motion was made by Councilmember Watanabe, seconded by Councilmember Park, to close the public hearing.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor
7 -
A motion was made by Councilmember Watanabe, seconded by Councilmember Becker, to adopt Resolution No 22-9060 ordering the abatement of a nuisance consisting of growing weeds in the City.

7. 22-69 Action on the Patrick Henry Drive Specific Plan Including: Determination of the Adequacy of the Environmental Impact Report (EIR) and Adoption of a Statement of Overriding Considerations and an Associated Mitigation Monitoring and Reporting Program (MMRP); Adoption of the Patrick Henry Drive Specific Plan; Adoption of General Plan Amendments to Create New General Plan Land Use Designations and Change the General Plan Land Use Diagram from Light Industrial to Various Residential Designations; Waive First Reading and Introduce an Ordinance to Add a New Chapter

18.27 to the Zoning Code to Create Zoning Regulations for the Patrick Henry Drive Area Specific Plan and Rezoning of the Patrick Henry Drive Specific Plan Area
Recommendation: Alternatives 1-4:

1. Adopt a resolution approving and certifying the Final EIR prepared for the Patrick Henry Drive Specific Plan (SCH # 2019120515), including CEQA Findings and a statement of overriding considerations;

2. Adopt a resolution approving the PHD Specific Plan, a specific plan consistent with Government Code Sections 65450-65457 that incorporates text in the Alternate Circulation Diagram (4.6.2-ALT:

CIRCULATION) “Subject to the Approval of the Mission College Board of Trustees”; and incorporates affordable housing language as follows:
15% affordable units split equally between three affordability levels of 50%, 80%, and 120% AMI;

3. Adopt a resolution approving General Plan text amendments creating the following land use designations: Village Residential (60-149 DU/AC), Urban Village (100-149 DU/AC), Urban Center (120-250 DU/AC), and High Density Flex (60-149 DU/AC, or up to 2.0 FAR), updating the Climate Action Plan to recognize those Land Use Designations, and amending the General Plan Land Use diagrams for Phases II and III to reflect the land use designations in the Patrick Henry Drive Specific Plan; and

4. Waive first reading and introduce an ordinance amending the Zoning Code to create a new Chapter 18.27 of the Zoning Code, Regulations for the Patrick Henry Drive Area (PHD) Zoning Districts, including development standards, allowed uses and parking requirements for the following zoning districts: R5 - Very High Density Residential, VR - Village Residential, UV - Urban Village, UC - Urban Center, and HD Flex - High Density Flex, and rezoning the Project Site using the new districts as indicated in the Patrick Henry Drive zoning map, incorporating affordable housing language as follows: 15% affordable units split equally between three affordability levels of 50%, 80%, and 120% AMI.

Director of Community Development Crabtree gave a Powerpoint presentation on the Patrick Henry Drive Specific Plan.

Council questions and comments followed.

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Director of Community Development Crabtree and Director of Parks & Recreation Teixeira addressed Council questions.

Public Speaker(s): Lee Broughman Michael Seville
Alicia Guerra
#6929
John Dalrymple
Maria Rodriguez
Eric Morley (Registered Lobbyist)
Brian Goldenberg
Jeff Smith (Registered Lobbyist) Yun Lin
Dennis Martin (Registered Lobbyist)
Elaine Breeze (Registered Lobbyist)
Lance Saleme
James Suh
Jan Hintermeister
Brian Pors - UA Local 393
Edmundo - UA Local 393
Erica Valentine
Mary Grizzle (E-Mail)
Vice Mayor Jain disclosed that he met with some of the stakeholders.

Council questions and comments followed.

Director of Community Development Crabtree and Assistant City Manager Pineda addressed Council comments.

Council comments followed.

Public Speaker(s): Eric Morley (Registered Lobbyist)
Jeff Smith (Registered Lobbyist)
Alicia Guerra
Elaine Breeze (Registered Lobbyist)
James Suh
Council comments followed.

A motion was made by Councilmember Watanabe, seconded by Councilmember Hardy, to approve Planning Commission
recommendations Alternatives 5, 6, 7 and 8 with the following changes:
providing the clarifying language: remove the connector road from the final document.

A substitute motion was made by Vice Mayor Jain, seconded by Councilmember Becker: to approve Planning Commission
recommendations Alternatives 5, 6, 7, and 8 with the following changes: (1) City of Santa Clara Page 17 Printed on 05/31/2022
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direct staff to have a requirement for project developers to prepare a design evaluation for bird safety based on the projects architecture and location of the projects specific area, (2) add one electrical outlet per ten bicycles, (3) add a bicycle repair station, and (4) staff to return with a proposal for a Patrick Henry Specific Area Plan amendment at a future date to consider a public art fee.

Chief Assistant City Attorney Reuter addressed Council questions.

Council comments and questions followed.

Vice Mayor Jain requested Councilmember Watanabe to include his changes noted in the substitute motion to her original motion.

Councilmember Watanabe accepted those changes; therefore, the substitute motion is no longer on the floor.

Councilmember Chahal to add to the motion on the floor to include the following: Transportation Management Association shall return to City Council for robust discussion instead of the City Manager.

Council comments and questions followed.

Director of Community Development Crabtree addressed Council questions.

Councilmember Park change title of zoning designation in the ordinance for second reading.

Chief Assistant City Attorney Reuter addressed Council questions.

A motion was made by Councilmember Watanabe, seconded by Councilmember Hardy, to approve Planning Commission
recommendations Alternative (5) adopt Resolution No. 22-9061 approving and certifying the Final EIR prepared for the Patrick Henry DriveSpecific Plan (SCH # 2019120515), including CEQA Findings and a statement of overriding considerations.; Alternative (6) adopt Resolution No. 22-9062 approving the PHD Specific Plan, a specific plan consistent with Government Code Sections
65450-65457, with the addition of a seventh principle to the Specific Plan: “7. Building a Vibrant Middle Class: Encourage the use of a local construction workforce and local business sourcing in the buildout within the Plan area. The employment of a local construction workforce that pays family-supporting wages will generate sales tax revenue for the City as those wages are City of Santa Clara Page 18 Printed on 07/07/2022
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recirculated within the City's business community. The availability of a trained construction workforce is essential for the success in implementing the Plan therefore the employment of apprentices in State of California approved training programs will also be encouraged”; incorporate text in the Alternate Circulation Diagram (4.6.2-ALT: CIRCULATION) “Subject to the Approval of the Mission College Board of Trustees”; and incorporate affordable housing language as follows: 15% affordable units split equally between three affordability levels of 50%, 80%, and 120% AMI.; Alternative (7) adopt Resolution No. 22-9063 approving General Plan text amendments creating the following land use designations: Village Residential (60-149 DU/AC), Urban Village (100-149 DU/AC), Urban Center (120-250 DU/AC), and High Density Flex (60-149 DU/AC, or up to 2.0 FAR), updating the Climate Action Plan to recognize those Land Use Designations, and amending the General Plan Land Use diagrams for Phases II and III to reflect the land use designations in the Patrick Henry Drive Specific Plan; and Alternative (8) waive first reading and introduce Ordinance No. 2045 amending the Zoning Code to create a new Chapter 18.27 of the Zoning Code,
Regulations for the Patrick Henry Drive Area (PHD) Zoning Districts, including development standards, allowed uses and parking requirements for the following zoning districts: R5 - Very High Density Residential, VR - Village Residential, UV - Urban Village, UC - Urban Center, and HD Flex - High Density Flex, and rezoning the Project Site using the new districts as indicated in the Patrick Henry Drive zoning map, incorporating affordable housing language as follows: 15%affordable units split equally between three affordability levels of 50%, 80%, and 120% AMI with the following changes: (a) providing the clarifying language: remove the connector road from the final document, (b) direct staff to have a requirement for project developers to prepare a design evaluation for bird safety based on the projects architecture and location of the projects specific area, (c) add one electrical outlet per ten bicycles and add a bicycle repair station, (d) staff to return with a proposal for a Patrick Henry Specific Area Plan amendment at a future date to consider a public art fee, (e) Transportation Management Association shall return to City Council for robust discussion instead of the City Manager, and (f) change title of zoning designation in the ordinance for second reading.

8. 22-90 Public Hearing: Action to Waive First Reading and Introduce an Ordinance Amending Chapter 17.15 “Property Developments” of Title 17 “Development” of the Santa Clara City Code to Add Section 17.15.360 “Patrick Henry Drive Infrastructure Improvement Fee”; and Approve a Resolution Approving the Findings from the Patrick Henry Drive Specific Plan Infrastructure Impact Fee Nexus Study, Adopting the Nexus Study, Setting the Rates for the Infrastructure Impact Fee, and Establishing the Patrick Henry Drive Infrastructure Improvement Fund
Recommendation: Alternatives 1, 2, 3, and 4:

1. Waive First Reading and Approve the Introduction of an Ordinance Amending Chapter 17.15 “Property Development” of Title 17 “Development” of the Santa Clara City Code to Add Section 17.15.360 “Patrick Henry Drive Infrastructure Improvement Fee”;

2. Adopt a Resolution Approving the Findings from the Patrick Henry Drive Specific Plan Infrastructure Impact Fee Nexus Study, Adopting the Nexus Study, and Setting the Rates for the Infrastructure Impact Fee;

3. Approve the Patrick Henry Drive Specific Plan Infrastructure Impact Fee; and adjust fees annually in line with the latest Construction Cost Index for San Francisco, as published by Engineering News Record or equivalent, to keep up with construction costs and inflation; and

4. Approve the establishment of the Patrick Henry Drive Infrastructure Improvement Fund (Fund 542) to account for the impact fee revenues and project expenditures.

Director of Public Works Mobeck introduced the item and Assistant Director of Public Works Liw gave a Powerpoint presentation on Patrick Henry Drive Specific Plan Infrastructure Impact fee.

Council comments and questions followed.

Assistant Director of Public Works Liw addressed Council questions.

Public Speaker(s): Lance Saleme
Jeff Smith
Eric Morley (Registered Lobbyist)
Elaine Breeze (Registered Lobbyist)
A motion was made by Councilmember Chahal, seconded by
Councilmember Park, to close the Public Hearing.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor
7 -
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A motion was made by Councilmember Chahal, seconded by
Councilmember Becker, to approve Alternatives 1, 2, 3, and 4: (1) waive first reading and approve the Introduction of Ordinance No. 2046 Amending Chapter 17.15 “Property Development” of Title 17 “Development” of the Santa Clara City Code to Add Section

17.15.360 “Patrick Henry Drive Infrastructure Improvement Fee”; (2) adopt Resolution No. 22-9064 approving the Findings from the Patrick Henry Drive Specific Plan Infrastructure Impact Fee Nexus Study, Adopting the Nexus Study, and Setting the Rates for the Infrastructure Impact Fee; (3) approve the Patrick Henry Drive Specific Plan Infrastructure Impact Fee; and adjust fees annually in line with the latest Construction Cost Index for San Francisco, as published by Engineering News Record or equivalent, to keep up with construction costs and inflation; and (4) approve the establishment of the Patrick Henry Drive Infrastructure Improvement Fund (Fund 542) to account for the impact fee revenues and project expenditures.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor
7 -

REPORTS OF MEMBERS AND SPECIAL COMMITTEES
None.

CITY MANAGER/EXECUTIVE DIRECTOR REPORT
None.
22-419 Update on City Council and Stadium Authority Staff Referrals 22-444 Adjournment of the March 22, 2022 City Council and Stadium Authority Meeting Post Meeting Material

ADJOURNMENT
The meeting was adjourned at 11:36 PM in memory of Donald Payton (34-year City of Santa Clara Electric Dept employee and resident).

A motion was made by Council/Boardmember Hardy, seconded by Council/Boardmember Chahal, to adjourn the meeting.

Aye: Council/Boardmember Watanabe, Council/Boardmember
Chahal, Council/Boardmember Hardy, Council/Boardmember
Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
7 -
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The next regular scheduled meeting is on Tuesday, April 5, 2022.

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 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.

City of Santa Clara Page 22 Printed on 07/07/2022
City of Santa Clara
Meeting Minutes
Special City Council Meeting
Draft
03/29/2022 5:00 PM Virtual Meeting
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 calls for a Special Meeting of the City Council of the City of Santa Clara, to commence and convene on March 29, 2022 at 5:00 pm for a Special Meeting to be held virtually via Zoom, to consider the following matter(s) and to potentially take action with respect to them.
5:00 PM CLOSED SESSION
Call to Order
Mayor Gillmor called the Special Meeting to order at 5:01 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 Behavioral Standards.

City of Santa Clara Page 1 Printed on 05/31/2022
Special City Council Meeting Meeting Minutes 03/29/2022 Roll Call
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 -
22-473 Public Employment Appointment (Government Code §§ 54957, 54954.5, subd. (e))
Title: Acting/Interim City Manager
Public Comment
Public Speaker(s): Susan Hinton
22-490 Public Comment eComment
Convene to Closed Session
Council convened to Closed Session at 5:05 PM.

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
Mayor Gillmor noted that there was no reportable action from Closed Session.

PUBLIC PRESENTATIONS

ADJOURNMENT
None.

The meeting was adjourned at 5:36 PM.

A motion was made by Vice Mayor Jain, seconded by
Councilmember Park, to adjourn the meeting.

City of Santa Clara Page 2 Printed on 05/31/2022
Special City Council Meeting Meeting Minutes 03/29/2022 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.

City of Santa Clara Page 3 Printed on 05/31/2022

MEETING DISCLOSURES
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-23 Agenda Date: 7/12/2022

REPORT TO COUNCIL

SUBJECT
Board, Commissions and Committee Minutes

COUNCIL PILLAR
Enhance Community Engagement and Transparency

RECOMMENDATION
Note and file the Minutes of:

Bicycle and Pedestrian Advisory Committee - March 28, 2022 Bicycle and Pedestrian Advisory Committee - May 11, 2022 City of Santa Clara Page 1 of 1 Printed on 7/8/2022
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City of Santa Clara
Meeting Minutes
Bicycle & Pedestrian Advisory Committee

REVISED
03/28/2022 4:00 PM Virtual Meeting
Pursuant to California Government Code Section 54953(e) and City of Santa Clara Resolution 22-9058, the Bicycle and Pedestrian Advisory Committee 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/95582744643
Meeting ID: 955 8274 4643 or
Phone: 1 (669) 900-6833

1. CALL TO ORDER AND ROLL CALL
Chair Hardy called the meeting to order at 4:00 pm.

Chair Karen Hardy, Member Atisha Varshney, Member Betsy Megas, Member Diane Harrison, Member Cecily Cox, Member Bruce
Donoghue, Member Jane Casamajor, and Member Sukrit Ganesh Present 8 -
Excused 1 - Vice Chair Sudhanshu Jain
Absent 1 - Member Lloyd Cha
A motion was made by Member Megas, seconded by Member
Varshney, to excuse Member Cha.

Aye: Chair Hardy, Member Varshney, Member Megas, Member Harrison, Member Cox, Member Donoghue, Member Casamajor, and Member Ganesh
8 -
Excused: 1 - Vice Chair Jain

Absent: 1 - Member Cha
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2. PUBLIC PRESENTATIONS
Video: [00:03:40]
Thomas Granvold called attention to a fatal collision near El Camino Real and Grant Road in Mountain View. He asked if the Council reviewed the BPAC meeting minutes. He also asked if public speakers' names are included in the minutes.

Ken Kratz requested the City to provide shopping bikes or shopping carts for low income residents. He requested collision data be collected from other agencies (i.e. hospitals and County Health Department) in addition to the Police Department. He would like to make recommendations regarding a future development project in north Santa Clara along Mission College west of the San Tomas Aquino Creek Trail. Chair Hardy recommended he provide his comments to the Planning Commission.

REPORTS FOR COMMITTEE INFORMATION PULLED FOR DISCUSSION B. 22-285 Police Verbal Update (Selberg)
Video: [00:17:48]
Officer Selberg noted a fatal collision involving a pedestrian at the intersection of Winchester Boulevard and Dolores Avenue. He also noted that he is rotating to another division and this will be his last meeting with the BPAC. His replacement has not yet been identified.

Committee comments and questions followed.

Officer Selberg addressed Committee questions.

Public Speaker(s): Ken Kratz, Alexander Damascus

3. CONSENT CALENDAR
A. 22-283 Bicycle and Pedestrian Advisory Committee Meeting Minutes of January 24, 2022 (Chair Hardy)
Recommendation: Approve the Bicycle and Pedestrian Advisory Committee Meeting Minutes of January 24, 2022.

Video: [00:30:00]
A motion was made by Member Megas, seconded by member Cox, that the January 25, 2022 meeting minutes be Approved as amended.

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Aye: Chair Hardy, Member Varshney, Member Megas, Member Harrison, Member Cox, Member Donoghue, Member Casamajor, and Member Ganesh
8 -
Excused: 2 - Vice Chair Jain, and Member Cha

4. REPORTS FOR COMMITTEE INFORMATION
A. 22-284 Public Works Verbal Update (Yee)
Video: [00:35:40]
Mr. Yee provided an update to the Committee, including the return of grant funds for two bicycle projects. It should be noted that Communities of Concern are now called Equity Priority Communities.

Committee comments and questions followed, especially with regard to BART.

Mr. Yee and Mr. Liw addressed Committee questions.

Public Speaker(s): None
C. 22-286 VTA BPAC Verbal Update (Megas)
Video: [01:00:25]
Member Megas provided an update related to the VTA BPAC.

Member Donoghue questions followed.

Member Megas addressed Member Donoghue's questions.

Public Speaker(s): Alexander Damascus and Thomas Granvold D. 22-287 Grant Activity Verbal Update (Shariat)
Video: [01:10:40]
Ms. Shariat provided an update on recent grant related activity and included a discussion on returned grant funding.

Committee comments and questions followed.

Ms. Shariat, Mr. Liw, and Mr. Yee addressed Committee questions.

Public Speaker(s): Gabby Landaveri, Ken Kratz
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E. 22-340 Pruneridge Avenue Complete Streets Plan Update (Shariat) Video: [01:48:50]
Ms. Shariat provided an update to the Committee regarding feedback received at the City Council Study Session.

Committee comments and questions followed.

Ms. Shariat addressed Committee questions.

Public Speaker(s): Alexander Damascus, Ken Kratz, Thomas Granvold, Gabby Landaveri
F. 22-293 Bicycle Demographic Survey (Shariat)
Video: [02:20:55]
Ms. Shariat provided information as requested by Ken Kratz regarding bicycle demographic data collection.

Committee comments followed.

Public Speaker(s): Ken Kratz, Thomas Granvold
G. 22-296 Class IV Protected Bikeways (Garcia)
Video: [02:37:30]
Mr. Garcia provided information as requested by Thomas Granvold regarding Class IV protected bikeways.

Committee comments followed. Placement of a bicycle lane buffer between a vehicle travel lane and a bicycle lane was preferred. No specific type of protection or barrier was preferred.

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H. 22-295 Protected Intersections (Garcia)
Video: [03:32:50]
Mr. Garcia provided information as requested by Thomas Granvold regarding protected intersections.

Committee comments and questions followed.

Mr. Garcia addressed Committee questions.

Public Speaker(s): Thomas Granvold, Gabby Landaveri, Ken Kratz I. 22-294 Bicycle Signage and Pavement Markings (Yee)
Video: [04:16:15]
Mr. Yee provided information as requested by Member Donoghue regarding standards as related to bicycle signs and pavement markings.

Committee comments and questions followed.

Mr. Yee addressed Committee questions.

Public Speaker(s): Ken Kratz, Thomas Granvold
J. 22-391 Update on 2022 Annual and Stevens Creek/Winchester Paving Project (Yee)
Video: [05:00:00]
Mr. Yee provided an update on the projects.

Member Harrison comments followed.

Public Speaker(s): Thomas Granvold, Ken Kratz, Gabby Landaveri K. 22-397 Update on Bassett/Laurelwood Bike Lane Project (Yee) Video: [05:14:35]
Mr. Yee provided an update on the project.

Committee comments and questions followed.

Mr. Yee addressed Committee questions.

Public Speaker(s): Thomas Granvold, Ken Kratz
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L. 22-396 Uncontrolled Crosswalk Priorities (Yee)
Video: [05:34:25]
Mr. Yee provided information about the analysis and prioritization of improving uncontrolled crosswalks throughout the City.

Committee comments and questions followed.

Mr. Yee addressed Committee questions.

Public Speaker(s): Ken Kratz

5. REPORTS FOR COMMITTEE ACTION
A. 22-395 2023 Active Transportation Program Grant Funding Recommendation (Yee)
Recommendation: Approve staff recommendation to apply for the 2023 ATP grant for a variety of improvements, such as curb bulbouts, rectangular rapid flashing beacons, street lighting, traffic signals, and bicycle facilities at 13 locations within the City’s Equity Priority Community.

Video: [05:55:10]
Mr. Yee presented a new project and recommended to apply for Active Transportation Program (ATP) funds.

Members Megas and Harrison comments followed.

Public Speaker(s): None
A motion was made by Member Harrison, seconded by Member Megas, to Approve staff's Recommendation.

Aye: Chair Hardy, Member Megas, Member Harrison, Member Cox, Member Donoghue, and Member Casamajor
6 -
Excused: 2 - Vice Chair Jain, and Member Cha

Absent: 2 - Member Varshney, and Member Ganesh
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B. 22-292 Valley Transportation Authority Bicycle and Pedestrian Advisory Committee Representative (Hardy)
Recommendation: The BPAC to select a candidate for City Council approval to serve as the Santa Clara representative on the VTA BPAC from July 1, 2022 to June 30, 2024.

Video: [06:04:25]
Chair Hardy noted that the term for Member Megas as Santa Clara's representative on the Valley Transportation Authority Bicycle and Pedestrian Advisory Committee will expire at the end of June.

Committee comments followed. Member Megas indicated that she was willing to serve another term. No other member expressed interest in serving on the VTA BPAC.

Public Speaker(s): None
A motion was made by Member Harrison, seconded by Member Casamajor, to recommend the City Council appoint Member Megas as the City representative on the VTA BPAC.

Aye: Chair Hardy, Member Megas, Member Harrison, Member Cox, Member Donoghue, and Member Casamajor
6 -
Excused: 2 - Vice Chair Jain, and Member Cha

Absent: 2 - Member Varshney, and Member Ganesh

6. REPORTS FOR SPECIAL COMMITTEES
A. 22-288 Subcommittee on Bicycle Story Maps (Cha, Megas, and Varshney) Video: [06:06:35]
No Update
B. 22-289 Subcommittee on Police Collision History (Cha, Donoghue, Varshney, & Cox)
Video: [06:07:05]
Member Donoghue called attention to illumination issues at Lick Mill Station. Chair Hardy requested that the subcommittee write up a proposal for this item to be brought back to the BPAC as an action item.

C. 22-290 Subcommittee on Bike to Shop Day (Harrison, Kratz, and Megas) Video: [06:12:20]
Member Harrison agreed to promote the event in a similar fashion as last year.

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D. 22-291 Subcommittee on Roundabouts (Harrison, Megas, Cha, Ganesh, and non-member Kratz)
Video: [06:17:55]
Mr. Kratz presented the subcommittee report followed by a discussion on next steps.

7. AGENDA ITEMS FOR FUTURE MEETINGS
None

8. ANNOUNCEMENTS
None

9. ADJOURNMENT
Chair Hardy adjourned the meeting at 11:04 pm
The next regular scheduled meeting will be on Monday, June 27, 2022 at 4:00PM.

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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.

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.

City of Santa Clara Page 9 Printed on 07/07/2022
City of Santa Clara
Meeting Minutes
Bicycle & Pedestrian Advisory Committee
Draft
05/11/2022 4:00 PM Virtual Meeting
Special Meeting
Pursuant to California Government Code Section 54953(e) and City of Santa Clara Resolution 22-9067, the Bicycle and Pedestrian Advisory Committee 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/95582744643
Meeting ID: 955 8274 4643 or
Phone: 1 (669) 900-6833
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 Chair calls for a Special Meeting of the City Bicycle and Pedestrian Advisory Committee, to commence and convene on May 11, 2022 at 4:00 pm for a Special Meeting to be held virtually via Zoom, to consider the following matter(s) and to potentially take action with respect to them.

1. CALL TO ORDER AND ROLL CALL
Chair Hardy called the meeting to order at 4:00 pm.

Chair Karen Hardy, Member Lloyd Cha, Member Betsy Megas, Member Diane Harrison, Member Cecily Cox, Member Jane
Casamajor, and Member Sukrit Ganesh
Present 7 -
Excused 1 - Vice Chair Sudhanshu Jain
Absent 2 - Member Atisha Varshney, and Member Bruce Donoghue A motion was made by Member Megas, seconded by Member Cox, to excuse Member Donoghue.

Aye: Chair Hardy, Member Cha, Member Megas, Member Harrison, Member Cox, Member Casamajor, and Member Ganesh
7 -
Excused: 1 - Vice Chair Jain
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Absent: 2 - Member Varshney, and Member Donoghue

2. PUBLIC PRESENTATIONS
Video: [00:03:53]
Public Speakers(s): None.

3. REPORTS FOR COMMITTEE INFORMATION
None.

A. 22-514 Pruneridge Avenue Complete Streets Plan (Shariat) Video: [00:04:25]
Ms. Shariat introduced a new concept and its traffic impacts to the BPAC regarding the Pruneridge Avenue Complete Streets project.

Committee comments and questions followed. The BPAC rank choice voted on four concepts.

Ms. Shariat, Mr. Yee, and Mr. Knowles (Consultant) addressed Committee questions.

Public Speaker(s): Ken Kratz, Jenn Rodriguez

4. AGENDA ITEMS FOR FUTURE MEETINGS
None.

5. ANNOUNCEMENTS
Video [01:43:00]
Mr. Johnson announced his retirement from the City.

6. ADJOURNMENT
Chair Hardy adjourned the meeting at 5:51 pm.

The next regular scheduled meeting will be on Monday, June 27, 2022 at 4:00 PM.

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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.

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.

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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-750 Agenda Date: 7/12/2022

REPORT TO COUNCIL

SUBJECT
Action on Award of Purchase Order to L.N. Curtis for Personal Protective Equipment for Emergency Response Personnel

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The Fire Department purchases and maintains Personal Protective Equipment (PPE) for emergency response personnel. PPE includes “turnouts” (heat-resistant protective clothing for firefighting) which have a recommended life span of ten years, pursuant to the National Fire Protection Agency (NFPA) section 1851. Currently, the Fire Department needs to purchase a total of 91 sets of turnouts, 77 of which are to replace end-of-life turnouts and 14 are for new personnel attending an academy class in September 2022. A turnout set consists of a jacket and pants.

DISCUSSION
This recommendation is pursuant to City Code Section 2.105.290(b)(3) which states that without observing formal bidding requirements, the City may contract with vendors directly on terms obtained pursuant to formal bidding processes that name the City either specifically or categorically as a thirdparty beneficiary of the bidding process (commonly referred to as “piggybacking”). Staff is recommending the purchase of turnouts using the Sourcewell cooperative purchase agreement with L.N. Curtis.

In January 2020, a Request for Proposal (RFP) was conducted by Sourcewell for firefighting personal protective equipment, apparel, and accessories. Sourcewell is a service cooperative created by the Minnesota legislature as a local unit of government and is governed by local elected municipal officials and school board members. Through this RFP process, L.N. Curtis was awarded a contract.

Under the Sourcewell contract, pricing offered by L.N. Curtis is a 40% discount off list prices for the turnout jacket and pants. The list price for a turnout jacket is $3,133 and the Sourcewell price is $1,879; a $114,114 savings on the jackets alone. The total savings for the turnout sets is $199,514.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

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22-750 Agenda Date: 7/12/2022

FISCAL IMPACT
The total cost of the turnouts is $461,934.41. There is sufficient funding of $836,510 in the Fire Department Capital Fund’s Protective Equipment Replacement project.

COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office

RECOMMENDATION
Authorize the City Manager to execute a purchase order with L.N. Curtis for personal protective equipment for the Fire Department with maximum compensation not-to-exceed $461,934.41.

Reviewed by: Ruben Torres, Fire Chief, Santa Clara Fire Department Approved by: Rajeev Batra, City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-189 Agenda Date: 7/12/2022

REPORT TO COUNCIL

SUBJECT
Action on Award of Contract for the High-Intensity Activated Crosswalk Beacon on Scott Boulevard at Harrison Street Project to Bear Electrical Solutions, Inc.

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
On April 28, 2020, City Council approved and appropriated funding for the installation of a HighIntensity Activated Crosswalk Beacon (HAWK) on Scott Boulevard at Harrison Street (Project) based on public requests and a subsequent traffic operations study. The City entered into a design professional services agreement with Kimley-Horn and Associates, Inc. to prepare the engineering design and construction bid documents for the Project in December 2020. The scope of work for the Project includes constructing the HAWK at the intersection of Scott Boulevard at Harrison Street, including associated signal equipment, safety lighting, fiberoptic communications, slurry seal, traffic striping and signing, and other necessary work to complete the Project. A location map is included as Attachment 1.

DISCUSSION
On May 17, 2022, a competitive Request for Bids (RFB) was published on the City’s bid notification system, BidSync, for construction of the Project. On June 8, 2022, bids for the Project were opened via video conference. The City received three bids from Bear Electrical Solutions, Inc., St. Francis Electric, LLC, and Tennyson Electric, Inc. ranging from $419,614 to $537,222. The Bid Summary is included as Attachment 2.

The lowest bid, submitted by Bear Electrical Solutions, Inc. (BES) in the amount of $419,614, is 5.1 percent below the Engineer’s Estimate of $442,000. BES’ bid was reviewed by DPW staff and the City Attorney’s Office for compliance with the terms and conditions of the bid documents and has been determined to be the lowest responsive and responsible bid. Staff recommends awarding the contract to Bear Electrical Solutions, Inc.

Award of the contract will enable construction of the project to begin with substantial completion anticipated by late 2023. These dates are subject to change based on the latest issues related to the COVID-19 situation. The contract includes the applicable prevailing wage requirements.

ENVIRONMENTAL REVIEW
This project being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301(c), “Existing Facilities,” as the activity consists of the minor alteration of existing streets involving no or negligible expansion of the use beyond that presently existing, and specifically includes the minor alteration of existing pedestrian crossings.

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22-189 Agenda Date: 7/12/2022

FISCAL IMPACT
The approximate cost of the contract is $419,614, plus approximately 10 percent contingency, or $41,961 for any potential change orders for a total not-to-exceed contract amount of $461,575.

Funding for the contract is available in the HAWK Beacon on Scott at Harrison project (CIP 1251) in the Streets and Highways Capital Fund.

COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.

RECOMMENDATION

1. Award the Public Works Contract for the High-Intensity Activated Crosswalk Beacon on Scott Boulevard at Harrison Street Project to the lowest responsive and responsible bidder, Bear Electrical Solutions, Inc., in the amount of $419,614, and authorize the City Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of this Project; and

2. Authorize the City Manager to execute change orders up to approximately 10 percent of the original contract price, or $41,961, for a total not to exceed amount of $461,575.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Project Location Map

2. Bid Summary
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ATTACHMENT 1
CITY OF SANTA CLARA 1"=400'
HIGH-INTENSllY ACTIVATED CROSSWALK AT SCOTT BLW. & HARRISON ST.

LOCATION MAP

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July 12, 2022